The Recurring Payment Agreement serves as a legally binding document under Australian law that facilitates regular, automated payment arrangements between service providers and their customers. This agreement is essential for businesses offering subscription services, installment payments, or any ongoing service requiring regular billing. It ensures compliance with Australian financial regulations, consumer protection laws, and privacy requirements while providing clear terms for payment authorization, modification, and termination. The document is particularly crucial in today's digital economy where automated payments are increasingly common, and it helps businesses maintain consistent cash flow while providing customers with convenient payment options. This agreement should be used whenever a business needs to establish a regular payment schedule with customers, whether for ongoing services, membership fees, or installment payments.
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1. Parties: Identification of the payment recipient (merchant/service provider) and the payer (customer)
2. Background: Context of the agreement and the services/products for which recurring payments are being established
3. Definitions: Key terms used throughout the agreement including Payment Date, Payment Amount, Payment Method, etc.
4. Payment Terms: Detailed specification of payment amount, frequency, timing, and payment method
5. Authorization: Customer's explicit authorization for recurring payments and confirmation of authority to authorize payments
6. Duration: Term of the agreement, including start date and any end date if applicable
7. Modification of Payments: Process for changing payment amounts, frequency, or other terms
8. Termination Rights: Conditions and process for terminating the recurring payment arrangement
9. Failed Payments: Procedures for handling failed or rejected payments
10. Privacy and Data Protection: Handling of personal and payment information in compliance with Privacy Act
11. Notices: How and when notices about payments or changes will be communicated
12. Governing Law: Specification of Australian law as governing law and jurisdiction
1. Cooling-off Period: Include when required by consumer law or when offering a voluntary cooling-off period
2. Special Promotions: Include when the agreement includes promotional periods or special pricing terms
3. Third-Party Payment Processor: Include when payments are processed through a third-party service provider
4. International Payments: Include when payments may be processed in foreign currencies or across borders
5. Refund Policy: Include when specific refund terms need to be outlined
6. Dispute Resolution: Include when specific dispute resolution procedures are needed beyond standard legal processes
1. Schedule 1 - Payment Schedule: Detailed breakdown of payment amounts, dates, and frequency
2. Schedule 2 - Direct Debit Request: Standard direct debit request form and service agreement
3. Schedule 3 - Fee Schedule: List of all applicable fees including late payment or failed payment fees
4. Appendix A - Payment Method Authorization Form: Form for capturing payment method details and authorization
5. Appendix B - Cancellation Form: Standard form for requesting cancellation of recurring payments
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Relevant legal definitions
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Relevant Industries
Retail
Software and Technology
Professional Services
Financial Services
Healthcare
Education
Telecommunications
Utilities
Fitness and Wellness
Property Management
Insurance
Subscription Services
Media and Entertainment
Relevant Teams
Legal
Finance
Accounts Receivable
Compliance
Customer Service
Operations
Risk Management
Treasury
Billing
Contract Administration
Relevant Roles
Chief Financial Officer
Finance Manager
Accounts Receivable Manager
Legal Counsel
Compliance Officer
Business Development Manager
Customer Service Manager
Operations Manager
Contract Administrator
Risk Manager
Payment Services Manager
Billing Coordinator
Treasury Manager
Financial Controller
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