When logging into FlexiTime (for the use of PayHero, Karmly or Droppah) as an account owner following this update, you'll be prompted to acknowledge that you have read and agree to our updated Subscription Agreement.
This is due to the addition of clause 3.6 E and changes to section 4, which apply to companies that pay their subscription invoices and/or payroll payments via direct debit.
This change greatly simplifies our direct debit terms and aligns with the requirements of our new banking provider, BNZ.
The new amendments are as follows
3. PAY NOW SERVICE
3.6 E. We may apply any funds We hold on Your behalf or otherwise receive from You (including funds We receive from You for the purposes of paying Wages or Inland Revenue) towards repayment of the credit We have extended You.
4. AUTHORITY TO DIRECT DEBIT
Your direct debit is subject to the following conditions:
4.1 You understand that FlexiTime agrees to give you at least 2 days’ notice prior to each Direct Debit, including the first Direct Debit in a series.
4.2 Notwithstanding 4.1, you agree to receive notice on the day of the Direct Debit when that Direct Debit has been specifically requested by you.
4.3 You agree that all notices will be in writing, and can be delivered electronically.
4.4 You understand that you can request FlexiTime to reverse a Direct Debit up to 120 days after the Direct Debit if -
a. you didn't receive proper notice of the amount and date of the Direct Debit, or
b. you received notice but the amount or date of the Direct Debit is different from the amount or date on the notice.
4.5. You understand that if you dishonour a direct debit but FlexiTime retries it within 5 business days of the original Direct Debit, FlexiTime is not required to notify you again about that Direct Debit.
For comparison, the previous wording of section 4 was as below
4. AUTHORITY TO DIRECT DEBIT
4.1. FlexiTime:
A. has agreed to give Notice, either in writing or by electronic mail, of the net amount of each Direct Debit -
i. for Pay Now Service payroll payments, on at least the day (but not more than 2 calendar months) of the Direct Debit being initiated;
ii. for Subscription payments, no less than 5 days (but not more than 2 calendar months) prior to the Direct Debit being initiated;
B. may, upon the relationship which gave rise to this Instruction being terminated, give notice to the Bank that no further Direct Debits are to be initiated under the Instruction. Upon receipt of such notice the Bank may terminate this Instruction as to future payments by notice in writing to Us; and
C. may rely on this authority to debit a different bank account upon receipt of instructions from the customer via a bank to which their account has been transferred.
4.2. You may:
A. at any time, terminate this Instruction as to future payments by giving written (or by the means previously agreed in writing) notice of termination to the Bank and to Us.
B. stop payment of any Direct Debit to be initiated under this Instruction by Us by giving written notice to the Bank prior to the Direct Debit being paid by the Bank.
4.3. You acknowledge that:
A. This Instruction will remain in full force and effect in respect of all Direct Debits passed to Your account in good faith notwithstanding Your death, bankruptcy and other revocation of this Instruction until actual notice of such event is received by the Bank.
B. In any event this Instruction is subject to any arrangement now or hereafter existing between You and the Bank in relation to Your account.
C. Any dispute as to the correctness or validity of an amount debited to Your account shall not be the concern of the Bank except insofar as the Direct Debit has not been paid in accordance with this Instruction. Any other disputes lie between You and Us.
D. Where the Bank has used reasonable care and skill in acting in accordance with this Instruction, the Bank accepts no responsibility or liability in respect of:
i. the accuracy of information about Direct Debits on Bank statements; and
ii. any variations between notices given by Us and the amounts of Direct Debits.
E. The Bank is not responsible for, or under any liability in respect of the Our failure to give notice in accordance with clause 4.1, nor for the non-receipt or late receipt of notice by You for any reason whatsoever. In any such situation the dispute lies between You and Us.
4.4. The Bank may:
A. In its absolute discretion conclusively determine the order of priority of payment by it of any monies pursuant to this or any other Instruction, properly signed by You and given to or drawn on the Bank.
B. At any time terminate this Instruction as to future payments by notice in writing to You.
C. Charge its current fees for this service in force from time to time.
D. Upon receipt of an “authority to transfer form” signed by You from a bank to which Your account has been transferred, transfer to that bank this Authority to Accept Direct Debits.
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