Close Your Account. You or the business may end this agreement at any time by paying off all amounts owing on your account, destroying all Cards issued on your account, stopping use of your account and requesting the closure of your account. We will only close your account when you have paid off all amounts you owe us. All fees continue to accrue if outstanding balances exist on a cancelled Card. You can cancel a Card issued to an Employee Card Member by informing us. We can end this agreement or cancel any or all Cards or loans if you or the business are in default, or at any time with or without a reason. If we take such action, you, the business and any Employee Card Members will still be obligated to pay all amounts owing on your account. If we end this agreement you, the business and any Employee Card Members must pay all money you owe us immediately, including unbilled charges that may not be shown on your last statement. We will only close your account when you have paid off all amounts you owe us. If your Card is cancelled for any reason, all other Cards issued on your account will be cancelled at the same time. You, the business any Employee Card Members will continue to be responsible for all charges made using your account, including recurring charges until your account is no longer used and any recurring charges are stopped. We may communicate with you by any commonly used method of communication including by mail or otherwise delivered to you at the address which is maintained in our records for your account, telephone, mobile phone, email, SMS, facsimile, posting on an American Express website (including xxxxxxxxxxxxxxx.xxx.xx) or within your online account on such a website, through links provided on a statement or other notice, using other electronic communication channels or any combination of these. To access communications provided through your online account, you must register and select a User ID and Password. Our communications with you may include account servicing messages, statements, disclosures, notices (which include changes to this agreement and collection notices), alerts, information about products and services and other communications. Statements, changes to this agreement, regulatory disclosures and notices, and other communications will generally be sent to you electronically. You, the business and any Employee Card Members agree that we may communicate to you by electronic means and that these communications have been provided in writing and it is your responsibility to access and check your electronic communications regularly for statements and other communications. All mailed communications that we send to you will be deemed to have been received by you 7 business days after the date of the mailing unless you actually receive it earlier or when received in the case of a communication delivered by hand. All electronic communications that we provide including a statement will be deemed to have been received by you on the day that we send the notification email or SMS, post the electronic communication and/or make the communication available within your online account even if you do not access the electronic communication for any reason, and/or post the electronic communication even if you do not access the electronic communication for any reason. You must inform us immediately if you change the address or other contact information (such as postal or email address, telephone or mobile phone number) you have given to us, including any changes to the business or Employee Card Member details. If we have been unable to deliver any statements or other communications or these have been returned, we may stop attempting to communicate with you until we receive accurate contact information. We are not responsible for any failure to receive any communication (including a statement) if we send it to the address or in accordance with other contact information for your account appearing in our records or if we do not send the communication because previous communications have been undeliverable. You must inform us if you want an address or other contact information to apply to more than one account with us. You must also inform us of any changes to other information previously provided to us such as information you provided when you applied for your account. You also agree to give us any additional information and support documentation that we request or as required by law. If the business operates as a trust: • this agreement binds the business personally and as trustee of that trust; and • you must use the Card for business purposes of the trust only. You and the business also represent and warrant to us that: • the trust is validly formed and any relevant trust document is valid and complies with the law; • the business is properly appointed as sole trustee of the trust; • the business has always complied, and will comply, with the terms of the trust and its duties and powers as trustee; • the business has power to enter into this agreement and to perform its obligations as trustee of the trust; and • the entry by the business into this agreement is for proper trust purposes; • the business has a full right of indemnity from the trust assets in respect of all charges, liabilities and obligations under this agreement; and • the business is entitled to use trust assets to meet any of your or the business’ obligations under this agreement, ahead of any rights of any of the beneficiaries. You and the business will be in default if any of the following events happen: • the trust is held by a court not to have been properly constituted or you or the business concede that the trust has not been properly constituted; • the trust terminates or the beneficiaries of the trust resolve to terminate the trust; • the business ceases to hold the trust assets or property in its name or it ceases to be trustee; or • the business commits a breach of trust which, in our opinion, is material. You and the business agree to notify us in writing immediately if any of the above events of default occur. This direct debit service agreement authorises us (American Express user ID No. 517) to withdraw money from your nominated account set out in the direct debit request and this agreement. If you have any enquiries relating to this direct debit service agreement you should contact us. Before you complete the direct debit request, you should confirm with your financial institution that your nominated account can accept direct debits. The nominated account must belong to you or the business. If we want to change this direct debit service agreement, we will notify you within 14 calendar days in advance of any change. Please notify us in writing if you want to: • make a change to this direct debit service agreement; • stop or defer an individual payment; or • cancel this direct debit service agreement. However, note that we may have to close your account if you cancel this direct debit service agreement. If you want to dispute a debit that has been made from your nominated account, you should contact us in writing immediately and we will respond to you within seven days. If the debit date is on a weekend or public holiday in Sydney, we will process your payment on the next business day. You must make sure that sufficient cleared funds are available in your nominated account on the payment date. If there are insufficient funds and your financial institution dishonours the payment then: • we will charge you a dishonour fee as outlined in this agreement; • any charges and tax on those charges incurred by your financial institution may be debited from your account; • any charges and tax on those charges incurred by us may be debited from your account; and • the amount of the dishonoured debit will be debited to your account. We also reserve the right to cancel the direct debit request if any debit is returned unpaid by your financial institution. We will keep your financial institution account details confidential. However, we will disclose these details: • if you consent; or • to the extent required by law, for example, if a court order requires disclosure; or • for the purposes of this direct debit service agreement, for example, to settle a dispute. You indemnify and keep us indemnified against all losses, costs, damages and liability that we suffer as a result of you giving us incorrect or false information in your direct debit request. Your indemnity: • extends and covers all changes you make to your direct debit request; and • continues after this direct debit service agreement is ended. If we fail to exercise any of our rights under this agreement, this will not be a waiver of our rights and will not prevent us from exercising them later. You and the business each agree that we may set off any amount that you or the business owe to us against any amounts that we owe to you and/or the business under any agreement.
Appears in 2 contracts
Samples: Business Charge Card Member Agreement, Business Charge Card Member Agreement
Close Your Account. You or the business may end this agreement at any time by paying off all amounts owing on your account, destroying all Cards issued on your account, stopping use of your account and requesting the closure of your account. We will only close your account when you have paid off all amounts you owe us. All fees continue to accrue if outstanding balances exist on a cancelled Card. You can cancel a Card issued to an Employee a Supplementary Card Member by informing us. We can end this agreement or cancel any or all Cards or loans if you or the business are in default, or at any time with or without a reason. If we take such action, you, the business and any Employee Supplementary Card Members will still be obligated to pay all amounts owing on your account. If we end this agreement you, the business and any Employee Supplementary Card Members must pay all money you owe us immediately, including unbilled charges that may not be shown on your last statement. We will only close your account when you have paid off all amounts you owe us. If your Card is cancelled for any reason, all other Cards issued on your account will be cancelled at the same time. You, the business any Employee Supplementary Card Members will continue to be responsible for all charges made using your account, including recurring charges until your account is no longer used and any recurring charges are stopped. We may communicate with you by any commonly used method of communication including by mail or otherwise delivered to you at the address which is maintained in our records for your account, telephone, mobile phone, email, SMS, facsimile, posting on an American Express website (including xxxxxxxxxxxxxxx.xxx.xxxxx.xxxxxxxxxxxxxxx.xxx.xx) or within your online account on such a website, through links provided on a statement or other notice, using other electronic communication channels or any combination of these. To access communications provided through your online account, you must register and select a User ID and Password. Our communications with you may include account servicing messages, statements, disclosures, notices (which include changes to this agreement and collection notices), alerts, information about products and services and other communications. Statements, changes to this agreement, regulatory disclosures and notices, and other communications will generally be sent to you electronically. You, the business and any Employee Supplementary Card Members agree that we may communicate to you by electronic means and that these communications have been provided in writing and it is your responsibility to access and check your electronic communications regularly for statements and other communications. All mailed communications that we send to you will be deemed to have been received by you 7 business days after the date of the mailing unless you actually receive it earlier or when received in the case of a communication delivered by hand. All electronic communications that we provide including a statement will be deemed to have been received by you on the day that we send the notification email or SMS, post the electronic communication and/or make the communication available within your online account even if you do not access the electronic communication for any reason, and/or post the electronic communication even if you do not access the electronic communication for any reason. You must inform us immediately if you change the address or other contact information (such as postal or email address, telephone or mobile phone number) you have given to us, including any changes to the business or Employee Card Member details. If we have been unable to deliver any statements or other communications or these have been returned, we may stop attempting to communicate with you until we receive accurate contact information. We are not responsible for any failure to receive any communication (including a statement) if we send it to the address or in accordance with other contact information for your account appearing in our records or if we do not send the communication because previous communications have been undeliverable. You must inform us if you want an address or other contact information to apply to more than one account with us. You must also inform us of any changes to other information previously provided to us such as information you provided when you applied for your account. You also agree to give us any additional information and support documentation that we request or as required by law. If the business operates as a trust: • this agreement binds the business personally and as trustee of that trust; and • you must use the Card for business purposes of the trust only. You and the business also represent and warrant to us that: • the trust is validly formed and any relevant trust document is valid and complies with the law; • the business is properly appointed as sole trustee of the trust; • the business has always complied, and will comply, with the terms of the trust and its duties and powers as trustee; • the business has power to enter into this agreement and to perform its obligations as trustee of the trust; and • the entry by the business into this agreement is for proper trust purposes; • the business has a full right of indemnity from the trust assets in respect of all charges, liabilities and obligations under this agreement; and • the business is entitled to use trust assets to meet any of your or the business’ obligations under this agreement, ahead of any rights of any of the beneficiaries. You and the business will be in default if any of the following events happen: • the trust is held by a court not to have been properly constituted or you or the business concede that the trust has not been properly constituted; • the trust terminates or the beneficiaries of the trust resolve to terminate the trust; • the business ceases to hold the trust assets or property in its name or it ceases to be trustee; or • the business commits a breach of trust which, in our opinion, is material. You and the business agree to notify us in writing immediately if any of the above events of default occur. This direct debit service agreement authorises us (American Express user ID No. 517) to withdraw money from your nominated account set out in the direct debit request and this agreement. If you have any enquiries relating to this direct debit service agreement you should contact us. Before you complete the direct debit request, you should confirm with your financial institution that your nominated account can accept direct debits. The nominated account must belong to you or the business. If we want to change this direct debit service agreement, we will notify you within 14 calendar days in advance of any change. Please notify us in writing if you want to: • make a change to this direct debit service agreement; • stop or defer an individual payment; or • cancel this direct debit service agreement. However, note that we may have to close your account if you cancel this direct debit service agreement. If you want to dispute a debit that has been made from your nominated account, you should contact us in writing immediately and we will respond to you within seven days. If the debit date is on a weekend or public holiday in Sydney, we will process your payment on the next business day. You must make sure that sufficient cleared funds are available in your nominated account on the payment date. If there are insufficient funds and your financial institution dishonours the payment then: • we will charge you a dishonour fee as outlined in this agreement; • any charges and tax on those charges incurred by your financial institution may be debited from your account; • any charges and tax on those charges incurred by us may be debited from your account; and • the amount of the dishonoured debit will be debited to your account. We also reserve the right to cancel the direct debit request if any debit is returned unpaid by your financial institution. We will keep your financial institution account details confidential. However, we will disclose these details: • if you consent; or • to the extent required by law, for example, if a court order requires disclosure; or • for the purposes of this direct debit service agreement, for example, to settle a dispute. You indemnify and keep us indemnified against all losses, costs, damages and liability that we suffer as a result of you giving us incorrect or false information in your direct debit request. Your indemnity: • extends and covers all changes you make to your direct debit request; and • continues after this direct debit service agreement is ended. If we fail to exercise any of our rights under this agreement, this will not be a waiver of our rights and will not prevent us from exercising them later. You and the business each agree that we may set off any amount that you or the business owe to us against any amounts that we owe to you and/or the business under any agreement.
Appears in 1 contract
Close Your Account. You or the business may end this agreement at any time by paying off all amounts owing on your account, destroying all Cards issued on your account, stopping use of your account and requesting the closure of your account. We will only close your account when you have paid off all amounts you owe us. All fees continue to accrue if outstanding balances exist on a cancelled Card. You can cancel a Card issued to an Employee Card Member by informing us. We can end this agreement or cancel any or all Cards or loans if you or the business are in default, or at any time with or without a reason. If we take such action, you, the business and any Employee Card Members will still be obligated to pay all amounts owing on your account. If we end this agreement you, the business and any Employee Card Members must pay all money you owe us immediately, including unbilled charges that may not be shown on your last statement. We will only close your account when you have paid off all amounts you owe us. If your Card is cancelled for any reason, all other Cards issued on your account will be cancelled at the same time. You, the business any Employee Card Members will continue to be responsible for all charges made using your account, including recurring charges until your account is no longer used and any recurring charges are stopped. We may communicate with you by any commonly used method of communication including by mail or otherwise delivered to you at the address which is maintained in our records for your account, telephone, mobile phone, email, SMS, facsimile, posting on an American Express website (including xxxxxxxxxxxxxxx.xxx.xx) or within your online account on such a website, through links provided on a statement or other notice, using other electronic communication channels or any combination of these. To access communications provided through your online account, you must register and select a User ID and Password. Our communications with you may include account servicing messages, statements, disclosures, notices (which include changes to this agreement and collection notices), alerts, information about products and services and other communications. StatementsThis agreement, statements, changes to this agreement, regulatory disclosures and notices, and other communications will generally be sent to you electronically. You, the business and any Employee Card Members agree that we may communicate to you by electronic means and that these communications have been provided in writing and it is your responsibility to access and check your electronic communications regularly for statements and other communications. All mailed communications that we send to you will be deemed to have been received by you 7 business days after the date of the mailing unless you actually receive it earlier or when received in the case of a communication delivered by hand. All electronic communications that we provide including a statement will be deemed to have been received by you on the day that we send the notification email or SMS, post the electronic communication and/or make the communication available within your online account even if you do not access the electronic communication for any reason, and/or post the electronic communication even if you do not access the electronic communication for any reason. You must inform us immediately if you change the address or other contact information (such as postal or email address, telephone or mobile phone number) you have given to us, including any changes to the business or Employee Card Member details. If we have been unable to deliver any statements or other communications or these have been returned, we may stop attempting to communicate with you until we receive accurate contact information. We are not responsible for any failure to receive any communication (including a statement) if we send it to the address or in accordance with other contact information for your account appearing in our records or if we do not send the communication because previous communications have been undeliverable. You must inform us if you want an address or other contact information to apply to more than one account with us. You must also inform us of any changes to other information previously provided to us such as information you provided when you applied for your account. You also agree to give us any additional information and support documentation that we request or as required by law. If the business operates as a trust: • this agreement binds the business personally and as trustee of that trust; and • you must use the Card for business purposes of the trust only. You and the business also represent and warrant to us that: • the trust is validly formed and any relevant trust document is valid and complies with the law; • the business is properly appointed as sole trustee of the trust; • the business has always complied, and will comply, with the terms of the trust and its duties and powers as trustee; • the business has power to enter into this agreement and to perform its obligations as trustee of the trust; and • the entry by the business into this agreement is for proper trust purposes; • the business has a full right of indemnity from the trust assets in respect of all charges, liabilities and obligations under this agreement; and • the business is entitled to use trust assets to meet any of your or the business’ obligations under this agreement, ahead of any rights of any of the beneficiaries. You and the business will be in default if any of the following events happen: • the trust is held by a court not to have been properly constituted or you or the business concede that the trust has not been properly constituted; • the trust terminates or the beneficiaries of the trust resolve to terminate the trust; • the business ceases to hold the trust assets or property in its name or it ceases to be trustee; or • the business commits a breach of trust which, in our opinion, is material. You and the business agree to notify us in writing immediately if any of the above events of default occur. This direct debit service agreement authorises us (American Express user ID No. 517) to withdraw money from your nominated account set out in the direct debit request and this agreement. If you have any enquiries relating to this direct debit service agreement you should contact us. Before you complete the direct debit request, you should confirm with your financial institution that your nominated account can accept direct debits. The nominated account must belong to you or the business. If we want to change this direct debit service agreement, we will notify you within 14 calendar days in advance of any change. Please notify us in writing if you want to: • make a change to this direct debit service agreement; • stop or defer an individual payment; or • cancel this direct debit service agreement. However, note that we may have to close your account if you cancel this direct debit service agreement. If you want to dispute a debit that has been made from your nominated account, you should contact us in writing immediately and we will respond to you within seven days. If the debit date is on a weekend or public holiday in Sydney, we will process your payment on the next business day. You must make sure that sufficient cleared funds are available in your nominated account on the payment date. If there are insufficient funds and your financial institution dishonours the payment then: • we will charge you a dishonour fee as outlined in this agreementthe Financial Table; • any charges and tax on those charges incurred by your financial institution may be debited from your account; • any charges and tax on those charges incurred by us may be debited from your account; and • the amount of the dishonoured debit will be debited to your account. We also reserve the right to cancel the direct debit request if any debit is returned unpaid by your financial institution. We will keep your financial institution account details confidential. However, we will disclose these details: • if you consent; or • to the extent required by law, for example, if a court order requires disclosure; or • for the purposes of this direct debit service agreement, for example, to settle a dispute. You indemnify and keep us indemnified against all losses, costs, damages and liability that we suffer as a result of you giving us incorrect or false information in your direct debit request. Your indemnity: • extends and covers all changes you make to your direct debit request; and • continues after this direct debit service agreement is ended. If we fail to exercise any of our rights under this agreement, this will not be a waiver of our rights and will not prevent us from exercising them later. You and the business each agree that we may set off any amount that you or the business owe to us against any amounts that we owe to you and/or the business under any agreement.
Appears in 1 contract
Close Your Account. You or the business may end this agreement at any time by paying off all amounts owing on your account, destroying all Cards issued on your account, stopping use of your account and requesting the closure of your account. We will only close your account when you have paid off all amounts you owe us. All fees continue to accrue if outstanding balances exist on a cancelled Card. You can cancel a Card issued to an Employee Card Member by informing us. We can end this agreement or cancel any or all Cards or loans if you or the business are in default, or at any time with or without a reason. If we take such action, you, the business and any Employee Card Members will still be obligated to pay all amounts owing on your account. If we end this agreement you, the business and any Employee Card Members must pay all money you owe us immediately, including unbilled charges that may not be shown on your last statement. We will only close your account when you have paid off all amounts you owe us. If your Card is cancelled for any reason, all other Cards issued on your account will be cancelled at the same time. You, the business any Employee Card Members will continue to be responsible for all charges made using your account, including recurring charges until your account is no longer used and any recurring charges are stopped. We may communicate with you by any commonly used method of communication including by mail or otherwise delivered to you at the address which is maintained in our records for your account, telephone, mobile phone, email, SMS, facsimile, posting on an American Express website (including xxxxxxxxxxxxxxx.xxx.xxxxx.xxxxxxxxxxxxxxx.xxx.xx) or within your online account on such a website, through links provided on a statement or other notice, using other electronic communication channels or any combination of these. To access communications provided through your online account, you must register and select a User ID and Password. Our communications with you may include account servicing messages, statements, disclosures, notices (which include changes to this agreement and collection notices), alerts, information about products and services and other communications. Statements, changes to this agreement, regulatory disclosures and notices, and other communications will generally be sent to you electronically. You, the business and any Employee Card Members agree that we may communicate to you by electronic means and that these communications have been provided in writing and it is your responsibility to access and check your electronic communications regularly for statements and other communications. All mailed communications that we send to you will be deemed to have been received by you 7 business days after the date of the mailing unless you actually receive it earlier or when received in the case of a communication delivered by hand. All electronic communications that we provide including a statement will be deemed to have been received by you on the day that we send the notification email or SMS, post the electronic communication and/or make the communication available within your online account even if you do not access the electronic communication for any reason, and/or post the electronic communication even if you do not access the electronic communication for any reason. You must inform us immediately if you change the address or other contact information (such as postal or email address, telephone or mobile phone number) you have given to us, including any changes to the business or Employee Card Member details. If we have been unable to deliver any statements or other communications or these have been returned, we may stop attempting to communicate with you until we receive accurate contact information. We are not responsible for any failure to receive any communication (including a statement) if we send it to the address or in accordance with other contact information for your account appearing in our records or if we do not send the communication because previous communications have been undeliverable. You must inform us if you want an address or other contact information to apply to more than one account with us. You must also inform us of any changes to other information previously provided to us such as information you provided when you applied for your account. You also agree to give us any additional information and support documentation that we request or as required by law. If the business operates as a trust: • this agreement binds the business personally and as trustee of that trust; and • you must use the Card for business purposes of the trust only. You and the business also represent and warrant to us that: • the trust is validly formed and any relevant trust document is valid and complies with the law; • the business is properly appointed as sole trustee of the trust; • the business has always complied, and will comply, with the terms of the trust and its duties and powers as trustee; • the business has power to enter into this agreement and to perform its obligations as trustee of the trust; and • the entry by the business into this agreement is for proper trust purposes; • the business has a full right of indemnity from the trust assets in respect of all charges, liabilities and obligations under this agreement; and • the business is entitled to use trust assets to meet any of your or the business’ obligations under this agreement, ahead of any rights of any of the beneficiaries. You and the business will be in default if any of the following events happen: • the trust is held by a court not to have been properly constituted or you or the business concede that the trust has not been properly constituted; • the trust terminates or the beneficiaries of the trust resolve to terminate the trust; • the business ceases to hold the trust assets or property in its name or it ceases to be trustee; or • the business commits a breach of trust which, in our opinion, is material. You and the business agree to notify us in writing immediately if any of the above events of default occur. This direct debit service agreement authorises us (American Express user ID No. 517) to withdraw money from your nominated account set out in the direct debit request and this agreement. If you have any enquiries relating to this direct debit service agreement you should contact us. Before you complete the direct debit request, you should confirm with your financial institution that your nominated account can accept direct debits. The nominated account must belong to you or the business. If we want to change this direct debit service agreement, we will notify you within 14 calendar days in advance of any change. Please notify us in writing if you want to: • make a change to this direct debit service agreement; • stop or defer an individual payment; or • cancel this direct debit service agreement. However, note that we may have to close your account if you cancel this direct debit service agreement. If you want to dispute a debit that has been made from your nominated account, you should contact us in writing immediately and we will respond to you within seven days. If the debit date is on a weekend or public holiday in Sydney, we will process your payment on the next business day. You must make sure that sufficient cleared funds are available in your nominated account on the payment date. If there are insufficient funds and your financial institution dishonours the payment then: • we will charge you a dishonour fee as outlined in this agreement; • any charges and tax on those charges incurred by your financial institution may be debited from your account; • any charges and tax on those charges incurred by us may be debited from your account; and • the amount of the dishonoured debit will be debited to your account. We also reserve the right to cancel the direct debit request if any debit is returned unpaid by your financial institution. We will keep your financial institution account details confidential. However, we will disclose these details: • if you consent; or • to the extent required by law, for example, if a court order requires disclosure; or • for the purposes of this direct debit service agreement, for example, to settle a dispute. You indemnify and keep us indemnified against all losses, costs, damages and liability that we suffer as a result of you giving us incorrect or false information in your direct debit request. Your indemnity: • extends and covers all changes you make to your direct debit request; and • continues after this direct debit service agreement is ended. If we fail to exercise any of our rights under this agreement, this will not be a waiver of our rights and will not prevent us from exercising them later. You and the business each agree that we may set off any amount that you or the business owe to us against any amounts that we owe to you and/or the business under any agreement.
Appears in 1 contract
Samples: Card Member Agreement
Close Your Account. You or the business may end this agreement at any time by paying off all amounts owing on your account, destroying all Cards cards issued on your account, stopping use of your account and requesting the closure of your account. We will only close your account when you have paid off all amounts you owe us. All fees continue to accrue if outstanding balances exist on a cancelled Card. You can cancel a Card issued to an Employee Card Member by informing uscard. We can end this agreement or cancel any or all Cards cards or loans if you or the business are in default, or at any time with or without a reason. If we take such action, you, you and the business and any Employee Card Members will still be obligated to pay all amounts owing on your account. If we end this agreement you, you and the business and any Employee Card Members must pay all money you owe us immediately, including unbilled charges that may not be shown on your last statement. We will only close your account when you have paid off all amounts you owe us. If your Card card is cancelled for any reason, all other Cards cards issued on your account will be cancelled at the same time. You, You and the business any Employee Card Members will continue to be responsible for all charges made using your account, including recurring charges until your account is no longer used and any recurring charges are stopped. We may communicate with you by any commonly used method of communication including by mail or otherwise delivered to you at the address which is maintained in our records for your account, telephone, mobile phone, email, SMS, facsimile, posting on an American Express website (including xxxxxxxxxxxxxxx.xxx.xx) xxx.xxxxxxxxxxxxxxx.xxx.xx or within your online account on such a website, through links provided on a statement or other notice, using other electronic communication channels or any combination of these. To access communications provided through your online account, you must register and select a User ID and Password. Our communications with you may include account servicing messages, statements, disclosures, notices (which include changes to this agreement and collection notices), alerts, information about products and services and other communications. Statements, changes to this agreement, regulatory disclosures and notices, and other communications will generally be sent to you electronically. You, You and the business and any Employee Card Members agree that we may communicate to you by electronic means and that these communications have been provided in writing and it is your responsibility to access and check your electronic communications regularly for statements and other communications. All mailed communications that we send to you will be deemed to have been received by you 7 business days after the date of the mailing unless you actually receive it earlier or when received in the case of a communication delivered by hand. All electronic communications that we provide including a statement will be deemed to have been received by you on the day that we send the notification email or SMS, post the electronic communication and/or make the communication available within your online account even if you do not access the electronic communication for any reason, and/or post the electronic communication even if you do not access the electronic communication for any reason. You must inform us immediately if you change the address or other contact information (such as postal or email address, telephone or mobile phone number) you have given to us, including any changes to the business or Employee Card Member details. If we have been unable to deliver any statements or other communications or these have been returned, we may stop attempting to communicate with you until we receive accurate contact information. We are not responsible for any failure to receive any communication (including a statement) if we send it to the address or in accordance with other contact information for your account appearing in our records or if we do not send the communication because previous communications have been undeliverable. You must inform us if you want an address or other contact information to apply to more than one account with us. You must also inform us of any changes to other information previously provided to us such as information you provided when you applied for your account. You also agree to give us any additional information and support documentation that we request or as required by law. If the business operates as a trust: • this agreement binds the business personally and as trustee of that trust; and • you must use the Card for business purposes of the trust only. You and the business also represent and warrant to us that: • the trust is validly formed and any relevant trust document is valid and complies with the law; • the business is properly appointed as sole trustee of the trust; • the business has always complied, and will comply, with the terms of the trust and its duties and powers as trustee; • the business has power to enter into this agreement and to perform its obligations as trustee of the trust; and • the entry by the business into this agreement is for proper trust purposes; • the business has a full right of indemnity from the trust assets in respect of all charges, liabilities and obligations under this agreement; and • the business is entitled to use trust assets to meet any of your or the business’ obligations under this agreement, ahead of any rights of any of the beneficiaries. You and the business will be in default if any of the following events happen: • the trust is held by a court not to have been properly constituted or you or the business concede that the trust has not been properly constituted; • the trust terminates or the beneficiaries of the trust resolve to terminate the trust; • the business ceases to hold the trust assets or property in its name or it ceases to be trustee; or • the business commits a breach of trust which, in our opinion, is material. You and the business agree to notify us in writing immediately if any of the above events of default occur. This direct debit service agreement authorises us (American Express user ID No. 517) to withdraw money from your nominated account set out in the direct debit request and this agreement. If you have any enquiries relating to this direct debit service agreement you should contact us. Before you complete the direct debit request, you should confirm with your financial institution that your nominated account can accept direct debits. The nominated account must belong to you or the business. If we want to change this direct debit service agreement, we will notify you within 14 calendar days in advance of any change. Please notify us in writing if you want to: • make a change to this direct debit service agreement; • stop or defer an individual payment; or • cancel this direct debit service agreement. However, note that we may have to close your account if you cancel this direct debit service agreement. If you want to dispute a debit that has been made from your nominated account, you should contact us in writing immediately and we will respond to you within seven days. If the debit date is on a weekend or public holiday in Sydney, we will process your payment on the next business day. You must make sure that sufficient cleared funds are available in your nominated account on the payment date. If there are insufficient funds and your financial institution dishonours the payment then: • we will charge you a dishonour fee as outlined in this agreement; • any charges and tax on those charges incurred by your financial institution may be debited from your account; • any charges and tax on those charges incurred by us may be debited from your account; and • the amount of the dishonoured debit will be debited to your account. We also reserve the right to cancel the direct debit request if any debit is returned unpaid by your financial institution. We will keep your financial institution account details confidential. However, we will disclose these details: • if you consent; or • to the extent required by law, for example, if a court order requires disclosure; or • for the purposes of this direct debit service agreement, for example, to settle a dispute. You indemnify and keep us indemnified against all losses, costs, damages and liability that we suffer as a result of you giving us incorrect or false information in your direct debit request. Your indemnity: • extends and covers all changes you make to your direct debit request; and • continues after this direct debit service agreement is ended. If we fail to exercise any of our rights under this agreement, this will not be a waiver of our rights and will not prevent us from exercising them later. You and the business each agree that we may set off any amount that you or the business owe to us against any amounts that we owe to you and/or the business under any agreement.
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Samples: Card Member Agreement
Close Your Account. You or the business may end this agreement at any time by paying off all amounts owing on your account, destroying all Cards issued on your account, stopping use of your account and requesting the closure of your account. We will only close your account when you have paid off all amounts you owe us. All fees continue to accrue if outstanding balances exist on a cancelled Card. You can cancel a Card issued to an a Employee Card Member by informing us. We can end this agreement or cancel any or all Cards or loans if you or the business are in default, or at any time with or without a reason. If we take such action, you, the business and any Employee Card Members will still be obligated to pay all amounts owing on your account. If we end this agreement you, the business and any Employee Card Members must pay all money you owe us immediately, including unbilled charges that may not be shown on your last statement. We will only close your account when you have paid off all amounts you owe us. If your Card is cancelled for any reason, all other Cards issued on your account will be cancelled at the same time. You, the business any Employee Card Members will continue to be responsible for all charges made using your account, including recurring charges until your account is no longer used and any recurring charges are stopped. We may communicate with you by any commonly used method of communication including by mail or otherwise delivered to you at the address which is maintained in our records for your account, telephone, mobile phone, email, SMS, facsimile, posting on an American Express website (including xxxxxxxxxxxxxxx.xxx.xxxxx.xxxxxxxxxxxxxxx.xx.xx) or within your online account on such a website, through links provided on a statement or other notice, using other electronic communication channels or any combination of these. To access communications provided through your online account, you must register and select a User ID and Password. Our communications with you may include account servicing messages, statements, disclosures, notices (which include changes to this agreement and collection notices), alerts, information about products and services and other communications. Statements, changes to this agreement, regulatory disclosures and notices, and other communications will generally be sent to you electronically. You, the business and any Employee Card Members agree that we may communicate to you by electronic means and that these communications have been provided in writing and it is your responsibility to access and check your electronic communications regularly for statements and other communications. All mailed communications that we send to you will be deemed to have been received by you 7 business days after the date of the mailing unless you actually receive it earlier or when received in the case of a communication delivered by hand. All electronic communications that we provide including a statement will be deemed to have been received by you on the day that we send the notification email or SMS, post the electronic communication and/or make the communication available within your online account even if you do not access the electronic communication for any reason, and/or post the electronic communication even if you do not access the electronic communication for any reason. You must inform us immediately if you change the address or other contact information (such as postal or email address, telephone or mobile phone number) you have given to us, including any changes to the business or Employee Card Member details. If we have been unable to deliver any statements or other communications or these have been returned, we may stop attempting to communicate with you until we receive accurate contact information. We are not responsible for any failure to receive any communication (including a statement) if we send it to the address or in accordance with other contact information for your account appearing in our records or if we do not send the communication because previous communications have been undeliverable. You must inform us if you want an address or other contact information to apply to more than one account with us. You must also inform us of any changes to other information previously provided to us such as information you provided when you applied for your account. You also agree to give us any additional information and support documentation that we request or as required by law. If In this authority, Bank means the business operates as a trustbank you nominate on the Bank Account Direct Debit Form. American Express has agreed to give you written advance notice of the net amount of each direct debit and the due date of the debiting at least 10 calendar days (but not more than two calendar months) before the date when the direct debit will be initiated. The advance notice must be provided either: • this agreement binds the business personally and as trustee of that trust; and • you must use the Card for business purposes of the trust only. You and the business also represent and warrant to us that: • the trust is validly formed and any relevant trust document is valid and complies with the law; • the business is properly appointed as sole trustee of the trust; • the business has always complied, and will comply, with the terms of the trust and its duties and powers as trustee; • the business has power to enter into this agreement and to perform its obligations as trustee of the trust; and • the entry by the business into this agreement is for proper trust purposes; • the business has a full right of indemnity from the trust assets in respect of all charges, liabilities and obligations under this agreement; and • the business is entitled to use trust assets to meet any of your or the business’ obligations under this agreement, ahead of any rights of any of the beneficiaries. You and the business will be in default if any of the following events happen: • the trust is held by a court not to have been properly constituted or you or the business concede that the trust has not been properly constituted; • the trust terminates or the beneficiaries of the trust resolve to terminate the trust; • the business ceases to hold the trust assets or property in its name or it ceases to be trusteewriting; or • the business commits a breach of trust which, in our opinion, is material. You and the business agree to notify us in writing immediately if any of the above events of default occur. This direct debit service agreement authorises us (American Express user ID No. 517) to withdraw money from your nominated account set out in the direct debit request and this agreement. If by electronic mail where you have any enquiries relating provided prior written consent to this direct debit service agreement you should contact us. Before you complete The advance notice will include the direct debit request, you should confirm with your financial institution that your nominated account can accept direct debits. The nominated account must belong to you or the business. If we want to change this direct debit service agreement, we will notify you within 14 calendar days in advance of any change. Please notify us in writing if you want to: • make a change to this direct debit service agreement; • stop or defer an individual payment; or • cancel this direct debit service agreement. However, note that we may have to close your account if you cancel this direct debit service agreement. If you want to dispute a debit that has been made from your nominated account, you should contact us in writing immediately and we will respond to you within seven days. If the debit date is on a weekend or public holiday in Sydney, we will process your payment on the next business day. You must make sure that sufficient cleared funds are available in your nominated account on the payment date. If there are insufficient funds and your financial institution dishonours the payment then: • we will charge you a dishonour fee as outlined in this agreement; • any charges and tax on those charges incurred by your financial institution may be debited from your account; • any charges and tax on those charges incurred by us may be debited from your account; and • the amount of the dishonoured debit will be debited to your account. We also reserve the right to cancel the direct debit request if any debit is returned unpaid by your financial institution. We will keep your financial institution account details confidential. However, we will disclose these details: • if you consent; or • to the extent required by law, for example, if a court order requires disclosure; or • for the purposes of this direct debit service agreement, for example, to settle a dispute. You indemnify and keep us indemnified against all losses, costs, damages and liability that we suffer as a result of you giving us incorrect or false information in your direct debit request. Your indemnity: • extends and covers all changes you make to your direct debit request; and • continues after this direct debit service agreement is ended. If we fail to exercise any of our rights under this agreement, this will not be a waiver of our rights and will not prevent us from exercising them later. You and the business each agree that we may set off any amount that you or the business owe to us against any amounts that we owe to you and/or the business under any agreement.following message:
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