Definitions

“Account” means the account held at your financial institution from which we are authorised to arrange for funds to be debited.

“Agreement” means this Direct Debit Request Service Agreement between you and us.

“Business day” means a day other than a Saturday or a Sunday or a public holiday listed throughout Australia.

“Debit day” means the day that payment by you to us is due. Debit payment means a particular transaction where a debit is made.

“Direct debit request” means the Direct Debit Request between us and you as set out and agreed to when authorising us to direct depot your account as requested on our sign in and subscription page on our website Offtheplanrealestate.com.

“Us” or “we” means firststepinvest Pty Ltd (ABN 46 160 919 880 ) the company you have authorised by signing a direct debit request.

“You” means the customer who signed the direct debit request.

“Your financial institution” is the financial institution where you hold the account that you have authorised us to arrange to debit.

1. Debiting your account and Surcharge
   1. By signing a direct debit request, you have authorised us to arrange for the total outstanding balance (including the applicable credit card payment surcharge (if any)) to be debited from your account. You should refer to the direct debit request and this agreement for the terms of the arrangement between us and you.
   2. We will only arrange for funds to be debited from your account as authorised in the direct debit request.
   3. If the debit day falls on a day that is not a business day, we may direct your financial institution to debit your account on the following business day. If you are unsure about which day your account has or will be debited you should ask your financial institution.
   4. A credit card surcharge applies to payments of all invoices. The surcharge amount will be noted on the relevant invoice and will be debited at the same time as the account payment.
   5. Debit frequency

      Debit payments will be processed within 5 days of your account falling due. If processing of the debit payment fails we may continue trying to draw the debit payment up to a further 3 attempts. You acknowledge and agree that we are not obliged to continue trying to draw the debit payments and that if we do continue to try to draw the debit payment from your Account, this does not constitute an extension to your payment term. We are entitled to rely on the terms in clause 4.2 at any time if initial processing of the debit payment fails. We reserve all our rights to claim against you for failure to meet your agreed payment terms with us.

2. Changes by us
   1. We may vary any details of this agreement or a direct debit request at any time by giving you at least fourteen (14) days’ written notice.
3. Changes by you
   1. Subject to 3.2 and 3.3, you may change the arrangements under a direct debit request by contacting The Accounts Department.
   2. If you wish to stop or defer a debit payment you must notify us in writing at least (14) days before the next debit day. This notice should be given to us in the first instance.
   3. You may also cancel your authority for us to debit your account at any time by giving us (14) days notice in writing before the next debit day. This notice should be given to us in the first instance.
4. Your Obligations
   1. It is your responsibility to ensure that there are sufficient clear funds available in your account to allow a debit payment to be made in accordance with the direct debit request.
   2. If there are insufficient clear funds in your account to meet a debit payment:
      • you may be charged a fee and/or interest by your financial institution;
      • you may also incur fees or charges imposed or incurred by us; and
      • you must arrange for the debit payment to be made by another method or arrange for sufficient clear funds to be in your account by an agreed time so that we can process the debit payment.
   3. You should check your account statement to verify that the amounts debited from your account are correct.
5. 5. Dispute
   1. If you believe that there has been an error in debiting your account, you should notify us directly by calling our Customer Care team and confirm that notice in writing with us as soon as possible so that we can resolve your query quickly. Alternatively, you may email info@offtheplanrealestate.com.
   2. If we conclude as a result of our investigations that your account has been incorrectly debited we will respond to your query by arranging for your financial institution to adjust your account (including interest and charges) accordingly. We will also notify you in writing of the amount by which your account has been adjusted.
   3. If we conclude as a result of our investigations that your account has not been incorrectly debited we will respond to your query by providing you with reasons and any evidence for this finding.
   4. Any queries you may have about an error made in debiting your account should be directed to us in the first instance so that we can attempt to resolve the matter between us and you. If we cannot resolve the matter you can still refer it to your financial institution which will obtain details from you of the disputed transaction and may lodge a claim on your behalf.
6. Accounts

   You should check:

   • with your financial institution whether direct debiting is available from your account as direct debiting is not available on all accounts offered by financial institutions.
   • your account details which you have provided to us are correct by checking them against a recent account statement; and
   • with your financial institution before completing the direct debit request if you have any queries about how to complete the direct debit request.
7. Confidentiality
   1. We will keep any information (including your account details) in your direct debit request confidential. We will make reasonable efforts to keep any such information that we have about you secure and to ensure that any of our employees or agents who have access to information about you do not make any unauthorised use, modification, reproduction or disclosure of that information.
   2. We will only disclose information that we have about you:
      • to the extent specifically required by law; or
      • for the purposes of this agreement (including disclosing information in connection with any query or claim).
8. 8. Notice
   1. If you wish to notify us in writing about anything relating to this agreement, email us on info@offtheplanrealestate.com.
   2. We will notify you by sending a notice in the ordinary post to the address you have given us in the direct debit request.
   3. Any notice will be deemed to have been received two business days after it is posted.