This document outlines the rights and responsibilities you have with Southbound “the facility “ and Paysmart “the billing agent “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 the DDR (direct debit form) form with Paysmart, which the terms are stated below. Should you have any queries regarding billing or payment of the DDR form with Paysmart you can call them on (07) 38669100. All queries regarding the service of the membership should be contacted at Southbound on 83873433.
2. PARTIES TO CONTRACT
The “Facility “ which is Southbound providing the membership for which the customer is paying. The “Customer” means the person or party signing the contract who’s details are printed in pen on
the customer details of the DDR form supplied by the “Billing agent” Paysmart. Paysmart Direct debit billing PO Box 5567, Stafford Heights , Qld 4053, Phone (07) 3866 9100 Fax (07) 38669199
The customer acknowledges that Paysmart has been contracted by Southbound to collect the instalments due under this contract and also acknowledges that any financial matters that not have been met by the customer outlined in payment details of the DDR form will be pursued by Paymart for collection payment with the customer.
The customer agrees to pay the instalment amount at the agreed payment frequency outlined in “step 1and step 2 of payment details on the DDR form” supplied by Paysmart. Should there be any arrears the customer authorises Paysmart to debit the outstanding balance in order to bring the account up to date.
4. TERMINATION OF CONTRACT
Please note that If the until further notice box on the DDR form in the payment details step 1, has been ticked the MINIMUM NUMBER OF PAYMENTS have to be honoured to which the customer has agreed to. The customer has to give 20 days prior notice and sign a cancellation form at Southbound when the customer wishes to cancel their membership, otherwise the membership will keep going at a month to month basis periodically after the minimum number of payments. If boxes “payment only” or “contract values” have been ticked on the DDR form under payment details step 1 the contract will terminate automatically indicated either in payments or contract value requested by the customer upon signing this contract.
5. ADMINISTRATION FEE.
A one-off fee of set up fee will be taken on the first instalment by Paysmart, outlined on the DDR form under payment details. Each direct debit will include a debit fee either weekly, fortnightly, monthly or quarterly also outlined in step 2 of the DDR form under payment details.
A customers “personal information” ( as described in the Privacy Act 1988(Cth)will only be used by Southbound or Paysmart to provide you with services contemplated by this contract.
To the extent permitted by law , Southbound and Paysmart hereby excludes any liability which the customer in contract as described on the DDR form under customer details, tort, statue 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 cost , charges or expenses incurred by the customer, arising from or in connection with this contract and/or the services/products provided at Southbound and/or any act or omission of Southbound.
8. RECOVERY OF DEBT.
Upon default by the customer in regard to any obligation under this contract will result in Southbound pursuing collection for the whole amount outstanding by the customer. Southbound will nominate Paysmart’s collection’s agency to recovery any outstanding debt occurred by the customer. A Handling fee, and debt recovery fee will be added to the outstanding total owed by the customer.
9. PROVISION OF SERVICE
If Southbound change location with in 7km of the previous location or ownership or the name of Facility does not absolve the Customer of responsibilities under the terms and conditions of this contract.
10. SUSPENSION & TRANSFER
This contract in non transferable and non-refundable. If a customer wishes to suspend their membership contract, a suspension form at Southbound must be filled out with 14 days prior notice. A suspension fee of $11.00 must be paid prior to the suspension. The customer authorises Paysmart to deduct only $2.00 a week to keep the account open for the duration of the suspension.
11. PHYSICAL CONDITION
The customer is aware that so far to date they are in good physical condition and are capable of all forms of exercise in which they will be engaging at Southbound and that such exercise will not at anytime be detrimental to their health. The customer also agrees that it is their responsibility to bring to Southbound’s attention any medical condition that may present a risk to them engaging any particular activity.
Southbound uses Paysmart for all direct debit Billing for the customer and the customer is also aware of the Billing conditions by Paysmart on the back of the DDR forms under the title “Direct Debit Request Service Agreement.” The terms and conditions of this contract can only be waived if it is in writing of this contract by a representative of Southbound.