TERMS AND CONDITIONS OF YOUNG AND WILDLY SUCCESSFUL PTY LTD AND ASSOCIATED PAYMENT PROCESSING PARTIES (DEBIT SUCCESS)
This document outlines the rights and responsibilities you have with regard to the ability of Debitsuccess Pty Ltd to directly debit your nominated bank account or credit card for any instalments or fees due by you under the terms and conditions of this Contract and DDR Service Agreement, the terms of which are stated below. This also includes any online payments made for online courses with Young And Wildly Successful Pty Ltd (YWS). Should you have queries regarding your Contract or this DDR form you should in the first instance contact Debitsuccess on 1-800 148 848 or YWS directly to [email protected] . All queries regarding the provision of services by the Facility should be directed to the Facility.
2.PARTIES TO CONTRACT
The “Facility” means the organisation providing the service for which the Customer is paying. The “Customer” means the person or party authorising this Contract. “Debitsuccess” is Debitsuccess Pty Limited, PO Box 577, Mt Waverley, Vic, 3149, Phone: 1800 148 848, E-mail: [email protected] “YWS” is Young And Wildly Successful Pty Ltd, E-mail: [email protected]
All communication relating to this Contract is to be sent directly to Debitsuccess and YWS. The Customer acknowledges that Debitsuccess or YWS has been contracted by the Facility to collect the Instalments due under this Contract, and also acknowledges that all rights of the Facility pursuant to this Contract are able to be enforced by Debitsuccess and YWS as if it were the Facility without any involvement on the part of the Facility or the consent of the Customer.
The Customer agrees to pay the instalment amount at the agreed payment frequency until this Contract is terminated in accordance with clause 4 below. Should there be any arrears in payments the Customer authorises Debitsuccess or YWS to debit the outstanding balance in order to bring the account up to date.
4.TERMINATION OF CONTRACT
The Customer may not terminate the Contracts before the expiry of the minimum term or payments only if all the instalments and fees due up to the date of termination initially agreed upon are paid, and in addition any close out fee as specified on the front of this Contract is paid to Debitsuccess or YWS. Should the membership type selected as part of this online signup be indicated as ongoing in nature, then this Contract shall continue indefinitely after the minimum term until such time as the Customer requests Debitsuccess or YWS, after the expiry of the minimum term for it to terminate. Any instalments/fees due at the date of termination (including instalments/fees which fall due during the notice period) will remain a debt owed to and recoverable by Debitsuccess or YWS. There will be a period of notice of 30 days unless otherwise specified by the Facility between the date of request and the date of actual termination during which any payments due must still be paid in full. The Customer should contact Debitsuccess or YWS if they have not received written confirmation of the termination within the 30 day period. The Customer shall not consider that this contract has been terminated until such time as this is confirmed in writing to the Customer by Debitsuccess (not more than 14 days after the termination date). Termination of this Contract will also terminate the Direct Debit Request Authority.
5.BREACH OF CONTRACT
The Customer, Debitsuccess, YWS and the Facility each hold reciprocal rights of termination for a material breach of any term or condition of this Contract. The Contract will be terminated upon receipt of written notice outlining the relevant breach.
A one-off fee of $10.00 is payable to Debitsuccess or YWS by the Customer on authorising of this Contract.
A Customer’s “personal information” (as that term is defined in the Privacy Act 1988 (Cth)) will only be used by Debitsuccess or YWS to provide you with the services contemplated by this Contract. Debitsuccess’ Privacy Statement is to be found on its website www.Debitsuccess.com.
To the extent permitted by law, Debitsuccess and YWS hereby excludes any liability of Debitsuccess and YWS to the Customer in contract, tort, statute or in any other way for any injury, damage or loss of any kind whatsoever (including, without limitation, any liability for direct, indirect, special or consequential loss or damage), sustained by the Customer and/or any other person, or for any costs, charges or expenses incurred by the Customer, arising from or in connection with this Contract and/or the services/products provided by Debitsuccess or YWS, and/or any act or omission of Debitsuccess or YWS.
9.CREDIT/DEBT REPORTING AGENCIES
Upon default by the Customer in regard to any obligation under this Contract and failure to remedy the default after notification by Debitsuccess and YWS, the Customer authorises Debitsuccess or YWS to notify any debt collection/credit reporting agency of the default. Should this occur then at Debitsuccess’ and YWS’ sole discretion it may terminate the contract at which time the full outstanding balance for the remainder of the minimum term or payments (including any current arrears) shall be due in full. The Customer authorises Debitsuccess and YWS to add to the outstanding debt a fee of $50 and an amount equivalent to 25% of the full outstanding balance (being Debitsuccess’ or YWS’ expenses reasonably incurred in collecting the debt) upon initial referral to the debt collection/credit reporting agency.
10.PROVISION OF SERVICE
Change of location or ownership or the name of the Facility does not absolve the Customer of responsibilities under the terms and conditions of this Contract.
This Contract and the DDR Service Agreement constitute the entire agreement, understanding and arrangement (express and implied) between the Customer, the Facility and Debitsuccess or YWS relating to the subject matter of this Contract and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral. If any provision of this Contract is invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions will not be affected and such invalid, illegal or unenforceable provision is to be severed from this Contract.
TERMS AND CONDITIONS OF THE DEBITSUCCESS AND YWS DIRECT DEBIT REQUEST (DDR) SERVICE AGREEMENT
Debitsuccess or YWS will debit your nominated account for the amounts and at the frequency of payments as agreed between us on the Debitsuccess and YWS DDR Contract authorised and accepted by you.
2.CHANGE OF TERMS
In the unlikely event that the initial terms are to change, they can only do so in accordance with your Contract and we must give you at least 14 days notice of the changes including if applicable the new amount, new frequency and next debit date.
3.DEFERRING OR STOPPING A PAYMENT
Should you wish to defer a payment to another date you must contact Debitsuccess or YWS before the date of that payment to request the deferment. Deferments are entirely at the discretion of Debitsuccess and YWS and will depend on the length of deferment, the current state of your account and your past history. You may request us to stop an individual payment however you will still be liable to make this payment by some other method or your account will become overdue
4.ALTERING THE SCHEDULE
Should you wish to alter the payment frequency or Day to Debit contact Debitsuccess or YWS and at our discretion in most instances we will be able to make the changes you require. There may be a fee charged for this service (details of any fees payable can be obtained by contacting Debitsuccess on 1-800 148 848). Any changes made will not affect the total amount you would otherwise have paid over the minimum term of your Contract.
5.CANCELLING THE PAYMENTS
You can cancel this Direct Debit Request Authority by requesting this of Debitsuccess or your bank. Cancellation of the authority to debit your account will not terminate this contract or remove your liability to make the payments you have agreed to.
If you dispute any debit payment, you must notify Debitsuccess and YWS immediately. Debitsuccess and YWS will respond to your dispute within 7 working days and will immediately refund the amount of the debit if we are not able to substantiate the reason for it. If you do not receive a satisfactory response from us to your dispute contact your financial institution who will respond to you with an answer to your claim within 5 business days if your claim is lodged within 12 months of the disputed drawing, or within 30 business days if your claim is lodged after 12 months from the disputed drawing.
7.NON WORKING DAY
When the day to debit falls on a weekend or public holiday the debit will be initiated on the next working day.
It is your responsibility to ensure that on the due date clear funds are available in your nominated account to meet the direct debit payment. Should your payment be dishonoured Debitsuccess or YWS will debit you an additional $10 with your next payment and may, if we have not received instructions to the contrary from you, debit both the current due payment and the now overdue payment(s) on the same day. Debitsuccess or YWS may debit other fees or costs involved with debt collection in accordance with the terms and conditions of the Contract (refer to clause 9 Credit/Debt Reporting Agencies).
All enquiries should be directed to Debitsuccess or YWS and should be made at least 1 working day prior to the next scheduled debit date.
10.YOUR OTHER RESPONSIBILITIES
In addition to those already mentioned, you are responsible for ensuring that your nominated account is able to accept direct debits. If it is not, it is your responsibility to provide Debitsuccess or YWS with a new account number.
CANCELLATION & TRANSFER AGREEMENT
At Young & Wildly Successful (Y&WS) Training it is our hope that you will personally be able to attend all of your registered trainings. In the event you are unable to, we have provided some options. As you are aware, Y&WS Training promotes each course well in advance. Once courses are sold out, we no longer promote them. As a result, the following cancellation and transfer policies will be enforced and your cooperation is greatly appreciated.
1. TRANSFER & CANCELLATION POLICY
This transaction has a cooling off period of three days. Any cancellations within this period will not incur any charges.
No refunds or cancellations after the three day cooling off period will be accepted under any circumstances. Should you need to change your courses dates, Y&WS allows all clients to attend the courses within 12 months of purchase around Australia. All courses must be paid in full before attending, unless approved by Y&WS.
Final attendee numbers are confirmed 14 business days prior to each event, rescheduling your course dates prior, by written confirmation to [email protected] will incur no additional costs or charges. Cancellation and/or changes after this time will result in cancellation fee equal to 100% of the course fee/ payment plan arrangement.
In the event that the participant is on a payment plan which is not yet completed at the time of the cancellation within 14 business days, then the full balance owing will be recovered to satisfy damages owing.
If you are on a payment plan, your total payments on the principal amount must be equal to or higher than the cost of the course, unless approved by Y&WS.
All dates and location are subject to change without notice and Y&WS cannot be held responsible for any costs you might incur as a result.
2. 6 FIGURE SPEAKER ONLINE BUSINESS COACHING
This is an online business coaching program facilitated through an online membership portal.
The course includes:
- – Videos on Marketing, Sales, Delivering client value, leadership, finances and business structures.
- – Support can be received through a private facebook group for all the participants of the program.
- – Additional support is also found through group webinars that occur monthly
The course does not include:
- – One on one coaching with any member of the YWS team
- – Any live training days
All deposits are non-refundable.
4. FOOD AND ACCOMMODATION
Pricing on courses is for ‘tuition’ only. Food, travel and accommodation are not included in the event price unless specifically stated in writing by Y&WS.
Should you have questions about the program, at any stage please contact Young & Wildly Successful @ [email protected] or via the facebook page.