You acknowledge that:
1. By agreeing to the Direct Debit Request, by the method presented, you authorise us to arrange for funds to be debited from your Account in accordance with the Agreement.
2. This Agreement will remain in full force and effect in respect of all Direct Debits passed to your account in good faith notwithstanding your death, bankruptcy or other revocation of this Agreement until actual notice of such event is received by your financial institution.
3. In any event this Agreement is subject to any arrangement now or hereafter existing between you and the financial institution in relation to your account.
4. Any dispute as to the correctness or validity of an amount debited to your account shall not be the concern of the financial institution except in so far as the Direct Debit has not been paid in accordance with this Agreement. Any other disputes lie between you and us.
5. Where the financial institution has used reasonable care and skill in acting in accordance with this Agreement, it accepts no responsibility or liability in respect of:
a. The accuracy of information about Direct Debits on Bank statements; and
b. Any variations between notices given by us and the amounts of Direct Debits.
6. The financial institution 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 Agreement, cheque or draft properly signed by you and given to or drawn on the Bank.
b. At any time terminate this Agreement 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.
• 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.
• banking 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.
• us or we means Swarmer Pty Ltd (the Debit User) you have authorised by requesting a Direct Debit Request.
• you means the customer who has agreed or authorised by other means the Direct Debit Request.
• your financial institution means the financial institution nominated by you on the Direct Debit Request at which the account is maintained.
Debiting your account
1. By agreeing to the Direct Debit Service Request Agreement when your tick the box on the Swarmer website, your have authorised us to arrange for funds to be debited from your account. You should refer to 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 Service Request Agreement.
3. If the debit day falls on a day that is not a banking day, we may direct your financial institution to debit your account on the following banking day. If you are uncertain as to when the debit will be processed to your account, you should enquire directly to your financial institution.
4. Amendments by us: We may vary any details of Direct Debit Service Request Agreement at any time by giving you at least fourteen (14) days written notice.
5. Amendments by you: If you would like to withdraw or make a change to your direct debit details, please contact Swarmer on email@example.com
6. It is the responsibility of you to have sufficient clear funds available in the relevant account, by the due date, to allow for the payment of Debit Items according to the relevant instructions provided by you.
7. If there are insufficient clear funds in your account to meet a debit payment:
a. you may be charged a fee and/or interest by your financial institution;
b. you may also incur fees or charges imposed or incurred by us; and
c. 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.
8. You should check your account statement to verify that the amounts debited from your account are correct.
9. It is our obligation to only debit your account after you agree to the Direct Debit Service Request Agreement when you tick the box on the Swarmer website.
10. We undertake to send you an email detailing each debit amount after your investment. The email must include the following message:
“The amount $....... will be directly debited from your Bank account.”
11. If you believe there has been an error in debiting your account, you should notify us directly on firstname.lastname@example.org and confirm that notice in writing with us as soon as possible so that we can resolve your query quickly. Alternatively you can take it up directly with your financial institution.
12. 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.
13. 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 in writing.
14. You should check:
a. with your financial institution whether direct debiting is available from your account as Direct Debit through BECS is not available on all accounts offered by financial institutions.
b. your account details which you have provided to us are correct by checking them against a recent account statement from your financial institution.
15. We will keep any information (including your records and account details) 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.
16. We will only disclose information that we have about you:
a. to the extent specifically required by law; or
b. for the purposes of this Agreement (including disclosing information in connection with any claim or query relating to an alleged incorrect or wrongful debit).
17. If you wish to notify us in writing about anything in this Agreement, you should write to:
Swarmer Pty Ltd
Level 27, 91 King William Street, Adelaide SA 5000. Email: email@example.com
We may send notices either electronically to your email address or by ordinary post to the address you have given us. If sent by mail, communications are taken to be received on the day they would be received in the ordinary course of post.
18. Any notice will be deemed received on the third banking day after emailing or posting.