SmartFees Registration Form
Contents
1. OJ I am migrating an existing service ONE TIME SETUP FEE 660 00 INC GST Your setup fee includes downloading of attendance history from CCMS and importing Parent Balances assistance with installation and set up of SmartFees on your PC desktop Laptop Please select one of the following payment options O Cheque enclosed payable to WG Solutions Pty Ltd O Direct Deposit to WG Solutions BSB 012 357 A c 2928 81048 o creait card OOOO 08900 OO00 OOOO O Visa O Mastercard CVV CVN pod Cardholder s name c sccccseeeeeeseeneneneeeeeeeaneees Expiry Date ree Signature 2015 WG Solutions Pty Ltd ACN 603 254 495 www smartfees com au sales smartfees com au P 1300 859 470 F 1300 859 478 Current At 20 May 2015 ASh SmartFees Desktop Licence Fees The SmartFees Desktop annual licence fee is 1295 00 including GST This fee is charged annually in advance This fee is payable by cheque credit card or direct bank transfer You are responsible for ensuring your account is paid in full by the due date Your service may be suspended if payment is not received when due and a Suspended Service Resumption Charge may be applied You may upgrade your license to SmartFees VM Lite or SmartFees VM Classic at any time to receive additional benefits without penalty and only pay the cost of your new monthly license You will also receive a pro rata credit for any unused portion of your annual2. 5 1 9 2 6 2 6 3 7 1 8 1 8 2 9 1 9 2 9 3 9 4 DE 4 A SmartFees Desktop Licence Agreement HW Age O0 Aii Licensee s Indemnities The Licensee indemnifies WG SOLUTIONS fully against all liabilities costs and expenses incurred by WG SOLUTIONS as a result of any breach of this Agreement by the Licensee The Licensee indemnifies WG SOLUTIONS against any damage including consequential damage suffered by the Licensee or any other party as a result of use of the Product by the Licensee Termination of Licence The licence granted by this Agreement may be terminated by WG SOLUTIONS in the following circumstances i if WG SOLUTIONS suspects that the Licensee is in breach of any term of this Agreement ii if the Licensee being a corporation becomes the subject of insolvency proceedings or iii if the Licensee being a firm or partnership is dissolved If this Agreement is terminated by WG SOLUTIONS under clause 6 1 the Licensee shall destroy any remaining copies of the Product return them to WG SOLUTIONS or dispose of them as directed by WG SOLUTIONS and shall delete and remove from its computer system all files created by the Product Termination pursuant to this clause shall not affect any rights or remedies which WG SOLUTIONS may have otherwise under this licence or at law and the Licensee acknowledges that the indemnities given by it in clauses 5 1 and 5 2 shall survive the termination of thi
3. b ensure the Parent Registration Form is correctly completed by you and the parent c only use Parent Registration Forms customer direct debit authority forms and other customer payment authorisation forms that have been approved in writing for use by us d immediately process or deliver Parent Registration Forms after they have been completed e securely store Parent Registration Forms after they have been processed for a period of seven years from the last transaction f when using the centre online payments page agree to that facility s stated terms amp conditions g exercise due care and responsibility before processing any payments using the ChildCare EasyPay program h ensure that you hold original customer authorisation from the customer for any one off payments you process via the centre online payments page i disclose your participation in the ChildCare EasyPay Program to any customer if you legally or otherwise required to j provide to us and authorise usage by us of your logo centre name or similar branding in conjunction with the ChildCare EasyPay Program 5 Termination 5 1 Termination without cause You may terminate this agreement at any time 1 year after the commencement date by giving us 6 months written notice of your intention to terminate 5 2 Termination Either you or we the non defaulting party may terminate this agreement by giving notice to each other the defaulting party in the following circ
4. SmartFees Desktop license Standard features in your SmartFees Desktop licence e Hosting of SmartFees for 1 Service for example a single LDC centre or an OSHC program running up to 3 service types ASC BSC and VAC e 1 network license e SmartFees support and upgrades Optional extras e Customised and personalised Training in the features and modules of your choice o hr Online instructor lead session 180 00 including GST o 2hr Online instructor lead session 360 00 including GST o 4hr Onsite instructor lead session POA not available in all areas Additional Charges e Suspended Service Resumption 16 50 per occurrence SmartFees VM Licence Fee price subject to change at any time after your initial 6 month contract period 2015 WG Solutions Pty Ltd ACN 603 254 495 www smartfees com au sales smartfees com au P 1300 859 470 F 1300 859 478 Current At 20 May 2015 DE 4 A SmartFees Desktop Licence Agreement MW Age er Aii SOFTWARE LICENCE AGREEMENT Agreement WARNING PERMISSION TO USE THE SMARTFEES SOFTWARE IS CONDITIONAL UPON THE COMPANY PERSON OR OTHER ENTITY NAMED ON THE ORDER FORM AS THE LICENSEE LICENSEE AGREEING TO THE TERMS SET OUT BELOW ACCEPTANCE SHALL BIND THE LICENSEE AND ALL EMPLOYEES OF THE LICENSEE TO THE TERMS OF THE LICENCE CONTAINED IN THIS AGREEMENT IF THE LICENSEE ACCEPTS THE FOLLOWING TERMS THE ORDER FORM SHOULD BE SIGNED AND RETURNED TOWG SOLUTIONS PTY LTD ACN 6
5. 03 254 495 WG SOLUTIONS WITH PAYMENT OF THE LICENCE FEE IF THE ORDER FORM IS RETURNED UNSIGNED THE LICENSEE WILL BE DEEMED NOT TO HAVE ACCEPTED THE TERMS OF THE LICENCE AND ANY LICENCE FEE PAID WILL BE REFUNDED ee oe d 0 N 2 1 2 2 2 3 4 2 4 3 4 4 In this Agreement Product means the SmartFees software Documentation means the user manual supplied with the Product Agreement means this agreement and includes the attached order form Licence WG SOLUTIONS grants to the Licensee a non exclusive licence for the Term to use the number of copies of the Product specified on the order form use the Product in relation to the number of companies specified on the order form and install the Product on either a Local Area Network LAN or Wide Area Network WAN in accordance with the number of users and or companies specified on the order form Copyright The Licensee acknowledges that the Product and the Documentation are the subject of copyright ownership of which vests in WG SOLUTIONS and the Licensee shall not during the Initial Term any Further Terms or at any time after the expiry or termination of this Agreement do or authorise the doing of any act which infringes that copyright The Documentation may not be reproduced under any circumstances Additional copies of the Documentation may be acquired from WG SOLUTIONS Licensee s Obligations The Licensee undertakes the following obligations i t
6. SmartFees Child Care Management System SmartFees Registration Form Please complete the following forms and email to accounts smartfees com au If you have multiple services please complete one form per service Service Name Service Type LDC OSHC Occ or Vac Service Address Contact Name Position Contact Number Email CCB Approval ID s WG Solutions Pty Ltd www smartfees com au Ph 1300 859 470 Fx 1300 859 478 enquiries smartfees com au e A SmartFees Setup Information Form smartfees com au Please complete the following Service name Most internet access ADSL ADSL2 CABLE NBN is sufficient for running SmartFees sessions and connecting to CCMS however some clients particularly those on shared access have encountered issues Please run the following check 1 Check your internet speed on each computer you will use to connect to SmartFees VM or run SmartFees Desktop by following these steps e Logonto www speedtest net e Click on the Begin Test button e When the test is complete the Ping Download and Upload speeds will display Enter these below PING TIME DOWNLOAD UPLOAD 2 Define your primary user account For SmartFees Desktop customers this will be your initial SmartFees login 3 Werecommend you use account names that identify a specific individual generic names For example asmith or aprils not teddysdir or teddysadmin po USER req
7. disputed payment that might lead to such refund or disgorgement You must do everything necessary on your part to enable us to avoid having to refund payments including for example immediately providing information or agreements to us about the goods and services supplied by you and the parent registration form or customer authorisation in relation to a payment 8 4 Resolution of Disputes Notice of a disputed payment or chargeback will be successfully refuted if you provide clear customer authorisation from your customer that is subsequently accepted by your customer s or the account holder s financial institution Should the disputed payment or chargeback not be refuted you will need to resolve the matter directly with your customer 8 5 Refund If we receive notice of a disputed payment and or are required to refund or reverse all or part of any payment to a customer an account holder or their bank or such a refund is debited from our account or otherwise disgorged then a we will be discharged from any obligation to remit that amount to you and b you must reimburse us for that amount and or we may set amounts due to you under this clause off against any other payments due by us to you and or deduct amounts from your nominated bank account 8 6 Recovery If you pay money to us in accordance with paragraph 8 and we subsequently recover funds from the customer then we will deposit it in your nominated bank account 8 7 Licences amp Au
8. ence Agreement have read and agree to the terms of this SmartFees VM Licence Agreement Service Level Agreement and Terms of Service e understand that my SmartFees VM licence fee with be calculated and deducted from my nominated bank account or credit card each month in advance based on my previous month s Direct Debit transactions via ChildCare EasyPay If don t use Direct Debit understand that the full monthly licence fee will be charged as such Automatic debit payment of licence fee agree that if my monthly licence fee payment deducted by SmartFees is rejected for any reason SmartFees will notify me and attempt to deduct again in one week If the payment still fails SmartFees will deny access to the SmartFees VM service until the payment is made understand that SmartFees staff will have access to my data on the SmartFees VM server for purposes of support and backup only e agree to notify SmartFees of any change to the users within my organisation who are authorised to access SmartFees VM example if a staff member leaves ChildCareEasyPay com au I am aware that a ChildCare EasyPay account has been activated for my service s Bank Account For depositing payments amp processing fees BSB Account Number Bank Branch Declaration I We hereby enter into this payment processing facilities agreement to use SmartFees Direct Debit with Zenith Payments Pty Ltd ABN 71 083 359 684 t a ChildCare EasyPa
9. er or incur arising from a breach by us of our obligations under this agreement b You indemnify us against any liability or loss that we may suffer or incur arising from a breach by you of your obligations under this agreement This indemnity includes any liability or loss that we are liable for to a third party including a sponsor of a bonus points program that you participate in arising from a breach by you of your obligations under this agreement 7 Privacy You agree to comply with all privacy laws which are binding on you or which we are bound to comply with and which are notified to you 8 Disputed Payments Chargebacks amp Refunds 8 1 Care You must exercise care and take reasonable precautions to prevent fraudulent illegal reversed or disputed payments from occurring 8 2 Responsibility As you are the beneficiary of funds collected by us the supplier of goods and services to the customer and the party privy to relationships with the customer you bear all responsibility and liability for any reversed or disputed payments or other form of recovery of funds by us You indemnify and hold us harmless from and against all claims costs liabilities and expenses suffered or incurred by usas a result of us being obliged for any reason to refund or reverse payments before or after the corresponding amount has been remitted to you 8 3 Notice We will promptly notify you if a payment is refunded by us or if we receive notice of a
10. ess or implied conditions or warranties statutory or otherwise in respect of the Product are expressly negatived and excluded In particular but without limiting the generality of this sub clause 9 3 WG SOLUTIONS does not warrant that the Product is fit for any purpose irrespective of whether any purpose is communicated to WG SOLUTIONS The Licensee acknowledges that once the software has been issued no refunds of the licence fee will be given 2015 WG Solutions Pty Ltd ACN 603 254 495 www smartfees com au sales smartfees com au P 1300 859 470 F 1300 859 478 Current At 20 May 2015 DE 4 A SmartFees Desktop Licence Agreement MW Age oer Aii 9 5 The Licensee acknowledges that on going use of the software is conditional upon payment of a non refundable annual licence fee Such fee covers helpdesk support for the functional use of the product and the provision of upgrades to the software 9 6 To the extent that any statute provides a remedy to the Licensee in relation to the Licensee s use of data contained on the Product such right is expressly preserved save that any such right shall be limited to the extent permitted by such statute 10 Assignment The benefit of this Agreement shall not be dealt with in any way by the Licensee whether by assignment sub licensing or otherwise without the written consent of WG SOLUTIONS 11 Waiver Failure or neglect by either party to enforce at any time any of the provision
11. hildCare EasyPay when a CentrePay payment is sent for processing and the customer nominates to receive such a message or when you send messages to your customers via the CentreCom option on the ChildCare EasyPay website 2 7 Payments This agreement applies whenever customers make payments to you and or us using a customer s account or when you and or we process payments on behalf of customers 2 8 ChildCare Fees We will cause the fees and other payments received by us from a customer or account holder less the applicable surcharge or payment processing fee to be transferred to your nominated bank account within 3 business banking days after the payment was made subject to normal banking and transaction processing operations 2 9 Exclusivity Our appointment is exclusive for any customer who wishes to pay fees to you or us acting as your centre using a customer s account and for the term of this agreement you must not accept payments via a customer s account unless you do so pursuant to this agreement 3 Term amp Amendments 3 1 This initial agreement will commence on the commencement date and continue until it is terminated in accordance with this agreement Upon reaching the review date this agreement is automatically renewed on it s then curfees terms for a period equal to the original agreement unless either party provides 14 days written notice to the contrary prior to the review date We reserve the right to vary or amend any term
12. o use and to control and supervise the use of the Product or any part of it strictly in accordance with the provisions of this Agreement ii to not reverse engineer decompile translate adapt vary or modify the Product iii to not copy or reproduce the Product or any part of it except as expressly authorised by this Agreement iv to ensure that the Product is used only by the employees of the Licensee and that the Product or any part of it is not made available in any form to any other person without the prior written consent of WG SOLUTIONS v to ensure that its employees who have authorised access to the Product or any part of it are made aware of the terms of this Agreement and The Licensee acknowledges that reproduction by any means of any part of the Product for distribution or supply to users other than as specified on the order form is a breach of this Agreement The Licensee must apply whatever virus protection measures it considers appropriate and acknowledges that WG SOLUTIONS will not be responsible for any damage or loss caused by any virus in the Product The Licensee acknowledges that the data contained in the Product cannot be guaranteed error free and further acknowledges that the existence of any such errors shall not constitute a breach of this licence 2015 WG Solutions Pty Ltd ACN 603 254 495 www smartfees com au sales smartfees com au P 1300 859 470 F 1300 859 478 Current At 20 May 2015 5
13. of this agreement and any change will be effective from the date that we post the change on the ChildCare EasyPay website and you shall be deemed to accept this variance or amendment unless we receive written notice to the contrary within 14 days of the date of the posting of the change 4 Responsibilities 4 1 Our responsibilities During the term of this agreement we must a handle all enquiries from you about the operation of the ChildCare EasyPay Program b provide efficient payment methods to your customers to facilitate the efficient payment of fees and other payments due to you c receive fees and other payments on your behalf d provide a online payment mechanism WebPay subject to it s stated terms amp conditions for you to accept and or process fees and other payments due to you e transfer funds once cleared due to you to your nominated bank account f provide a reconciliation file for monies deposited in your nominated bank account g use reasonable efforts to assist customers participating in the ChildCare EasyPay Program in order to facilitate the efficient payment of fees h use reasonable efforts to provide payment failure notifications to customers and you participating in the ChildCare EasyPay Program to encourage payment via alternative methods 4 2 Your responsibilities During the term of this agreement you must a notify us in writing and in advance if you wish to change your nominated bank account
14. our relationship with the customer other than by nominating us a the recipient of money that is otherwise payable directly to you by the customer and e this agreement does not oblige us to deal with your customers or with account holders except to the extent necessary to receive payments from them 2 3 Direction You must execute any documents reasonably required by your bank or us to give your customer s permission and authority to pay their fees to us as your centre 2 4 Surcharge or Payment Processing Fee This agreement obliges you to pay the surcharge or payment processing fee and any other applicable fees when utilising the ChildCare EasyPay Program The surcharge or payment processing fee is deduced from payments made via the ChildCare EasyPay program before those funds are dispersed to your nominated bank account 2 5 Failed Payment Fee In the event of a bank account payment subsequently being rejected by the parent or account holder s bank or another party you will pay to ChildCare EasyPay a fee a Failed Payment Fee as outlined in this agreement This Failed Payment Fee will be automatically deducted from your nominated account four days after we receive notification of the rejected payment The Failed Payment Fee does not apply to rejected credit or debit card payments 2 6 SMS or Email Fees SMS or Email fees apply if you have enabled the ability for your customers to nominate to receive an SMS or Email confirmation message from C
15. s Agreement Transfer of Licence The licence granted by this Agreement may be transferred by WG SOLUTIONS at its sole discretion to another entity Miscellaneous Notwithstanding clauses 4 3 and 4 4 WG SOLUTIONS warrants that it shall use its best endeavours to ensure that the Product is free from defects in manufacture and that it will in all material respects perform in accordance with the Documentation WG SOLUTIONS will replace any defective Product at no charge subject to notification of the said defect within 14 days of receipt of the defective Product by the Licensee from WG SOLUTIONS Limitation The Licensee acknowledges that it has exercised its independent judgment in acquiring the Product and has not relied on any representation made by WG SOLUTIONS or upon any descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by WG SOLUTIONS which has not been stated expressly in this Agreement In the event that any statute implies terms into this Agreement which cannot be lawfully excluded such terms will apply to this Agreement save that the liability of WG SOLUTIONS for breach of any such implied term will be limited at the option of WG SOLUTIONS to any one or more of the following 1 the replacement of the Product ii the repair of such product or iii the payment of the cost of replacing the Product Except as provided in clauses 8 1 and 9 2 all expr
16. s account means any credit debit or bank account nominated by the customer that facilitates the debiting by us of fees and other payments payable to you customer authorisation means a form of authority provided from your customer and reasonably required by us from time to time insolvert in the case of a company means that a company is or becomes unable to pay its debts when they become due or is or becomes unable to pay its debts within the meaning of the Corporations Act 2001 or is presumed to be insolvent under that Act or in the case of an individual the individual dies becomes bankrupt or is of unsound mind month means a calendar month nominated bank account means the bank account nominated by you in this or your previous agreements for the purpose of receiving payments and for payment of any fees due by you online payments page or CentrePay or WebPay means an online payment facility that may be available to you to process fees and other payments during the course of this agreement privacy law means all legislation principles and industry codes and policies regulating the handling of personal information including the Privacy Act 1988 Cth and the National Privacy Principles contained in schedule 3 to that Act fees in relation to a customer means the fees described in that parent s registration form or customer authorisation being the fees payable or due to you by that parent For the purpose of this agreement it also include
17. s any other payments made to you by your customers and or processed by you review date means the date that is 3 years after the commencement date surcharge or payment processing fee means the amount so described or described as the convenience fee or payment processing fee in this agreement the Parent Registration Form customer authorisation or Online Payment Page parent means a person who has an agreement relating to the payment of fees with you Parent Registration Form means an agreement between a parent and us whereby the parent or customer agrees to participate in the ChildCare EasyPay Program 2 Collection and Payment Arrangements 2 1 Agency You appoint us as your centre for the purpose of receiving fees and other payments paid to us using a customer s or account holders account This appointment is limited to the performance by us of acts necessary to receive these payments from your customers We are not authorised to act on your behalf in any other capacity or to bind you in any other way 2 2 No Collection You acknowledge and agree that a we are not a collection centre b we are not responsible for collecting fees or liable if a customer fails to pay any fees due to you c we are not obliged to do anything in addition to stated tasks to recover outstanding fees participate in or resolve any dispute between you and a customer or levy any charges that you may wish to impose on a customer d this agreement does not alter y
18. s of this Agreement shall not be construed or deemed to be a waiver of that party s rights under this licence 12 Governing Law This Agreement shall be governed by and construed according to the laws of the State of New South Wales and the Commonwealth of Australia 13 Severability In the event of the invalidity of any part or provision of this Agreement such invalidity shall not affect the enforceability of any other part or provision of this Agreement acknowledge and accept the terms and conditions of the SmartFees licence agreement Name Signature Date 2015 WG Solutions Pty Ltd ACN 603 254 495 www smartfees com au sales smartfees com au P 1300 859 470 F 1300 859 478 Current At 20 May 2015 ChildCare EasyPay Terms 1 Definitions as used in this agreement account holder means any person other than a customer who makes payment to you on behalf of a customer account holders account means any bank credit or debit account that facilitates the debiting by the ChildCare EasyPay Program of fees and other payments payable to you on behalf of a customer ChildCare EasyPay means the program developed by Zenith Payments Pty Ltd ABN 71 083 359 684 for the processing of payments commencement date means the date of this agreement or other date as the parties agree in writing customer means any person with whom you engage in a business transaction requiring payment to you including parents and others customer
19. thority You represent and warrant to us that you hold all statutory licences and authorities necessary for the operation of the centre and the collection of payments You acknowledge that we are not providing any payment facility in addition to our stated services 9 Authority To Credit amp Debit 9 1 Authority You authorise us to credit and debit your nominated bank account in accordance with the terms and conditions set out within this agreement 9 2 Centre Fees We will process payment via your nominated bank account for the applicable set up fee as detailed above at the time of processing this activation form and we will process applicable monthly service transaction and other fees as detailed above on the first business day of every month 9 3 Payment Failure Should the debiting of any payment due by you under this agreement be unsuccessful we will retry debiting after an additional 5 business days Should any amount due remain unpaid by this time we will attempt to contact you and we reserve the right to immediately withdraw our services and or to off set any amounts due against any funds due to you 9 4 Errors You authorise us to debit your nominated bank account of any previously credited amount that was subject to banking system or human error and notified as such to you aih smartfees com au SmartFees VM Licence Agreement Please complete one form per service Service Name SmartFees Company ID SmartFees VM Lic
20. uired User name ee Email display name i e the name that appears in recipient s inbox for the email address above Printer brand and model attached to local computer Operating System on local computer Eg Windows7 Windows 8 Mac If Windows please state 32 bit or 64 bit Information about printers and SmartFees Some clients have found that if they have an older printer they have some difficulties printing specific reports from SmartFees We ask you to list your printer details on this form so that we can check your printer s compatibility You may be advised to use a newer printer if it is found that yours is likely to not be compatible with SmartFees 2015 WG Solutions Pty Ltd ACN 603 254 495 www smartfees com au sales smartfees com au P 1300 859 470 F 1300 859 478 Current At 20 May 2015 4 A SmartFees VM Desktop Setup Fee smartfees com au Your initial setup fee is required to complete registration and set up of your new SmartFees VM Lite service Please select which of the options is appropriate for your situation O I am starting a new service ONE TIME SETUP FEE 450 00 INC GST Your setup fee includes assistance with installation and set up of SmartFees on your PC desktop Laptop and ihr Personalised Training SmartFees Fundamentals Training is conducted online using your data and is tailored to help new centres get up and running as quickly as possible with the fewest headaches
21. umstances a if the defaulting party fails to make any payment due under this agreement when due and that failure continues for a period of 5 days from the date of receipt of a notice requiring the defaulting party to remedy such failure b the defaulting party has breached or failed to perform any of its material obligations other than payment obligations under this agreement and where in the opinion of the non defaulting party that breach or failure is capable of remedy it continues for a period of 14 days from the date of receipt of a notice requiring the defaulting party to remedy such breach or failure or c the defaulting party becomes insolvent 5 3 Liability for termination a Termination of this agreement under clause 5 2 will be without prejudice to our respective rights including the right to damages at law or in equity b Termination of this agreement under clause 5 1 or clause 5 2 will be without liability for either party in respect of the relevant event but will not affect a party s rights in relation to any breach of this agreement prior to the termination 5 4 Obligations on termination On termination prior to the review date you must in addition to any other amount payable under this agreement pay us a cancellation fee equivalent to 6 monthly service fees We will process this total payable amount upon termination of this agreement 6 Indemnities a We indemnify you against any liability or loss that you may suff
22. y and authorise ChildCare EasyPay User ID 429018 to credit amp debit my our nominated bank account in accordance this agreement and the Centre terms amp conditions available from ChildCare EasyPay and on www childcareeasypay com au centreterms Direct Debit Request I we request that moneys due in terms of the repayment arrangements covered by this document be drawn by ChildCare EasyPay User ID 429018 under the Direct Debiting System from my our account stated above I we acknowledge that this Direct Debiting arrangement is governed by the terms of the Direct Debit Service Agreement received from you Fees excl GST Contact NING oiiisiccsscceniccscdcscacceecssnicectensccstecsscecnccstaned UCI oirrne ChildCare EasyPay will contact you with further account activation information
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