Tradiecore (Ninety Ninety Pty Ltd) offers to its customers the hipages Payments Service. To use the hipages Payments Service through the Tradiecore mobile app or Tradiecore desktop site you must accept the hipages Payments Service Terms & Conditions.
The hipages Payments Service Terms & Conditions:
(effective from 5 May 2023).
hipages Payments Service
hipages Pty Ltd and its related entities (hipages) offers tradies a service for collecting payments from their customers including using credit card (hipages Payments Service). The payments services offered by hipages are facilitated by Stripe Australia Pty Ltd (Stripe). To use the hipages Payments Service, you will be onboarded by hipages and an account with Stripe will be set up for you (Connected Account)
By accepting these terms, or by using the hipages Payments Service, you agree to be legally bound by these terms. These terms are to be read together with, and incorporated into, your Agreement. Capitalised words that are not otherwise defined in these terms having the meaning given to them in the hipages Pty Ltd Terms & Conditions.
1. Getting an Account
I. To register for the hipages Payments Service you must be onboarded by hipages and be set up with a Connected Account. By using the hipages Payments Services and being set up with a Connected Account, you agree to be legally bound to the Stripe Connected Account Agreement and Stripe Privacy Policy.
II. During onboarding, we will set up your Connect Account by populating details based on existing information we have already collected from you in connection with your Agreement, or information we otherwise request from you, including your name, business or trade name, physical address, email, phone number, ABN, website url and any other information required to set up your Connected Account. hipages may also request financial information including financial statements and inspection of your books and records. Your information will be shared with Stripe and may also be shared with Financial Services Providers in order to verify your eligibility to use the hipages Payments Service including to conduct risk management and compliance reviews. Information collected from you by hipages will be governed by the hipages Privacy Policy and to the extent shared with Stripe will be governed by the Stripe Privacy Policy.
III. You can register for the hipages Payments Service as an individual or as a corporation. If you register as a corporation you must be authorised to act on behalf of the corporation and have the authority to legally bind the corporation to these terms.
2. Fee
I. You agree to pay hipages the Fee for using the hipages Payments Service.
II. You authorise hipages and / or Stripe to debit an amount equivalent to the Fee from any funds processed using the hipages Payments Service collected from your customers including from your Payout Accounts or any other bank account associated with your Connected Account.
III. If you elect to pass on the Fee to your customer in respect of a Scheme including by increasing the Transaction amount payable by your customer by the amount of the Fee, then you must ensure that the Fee does not exceed your average cost of acceptance for using that Scheme in contravention of the prohibition on excessive credit card surcharges in the Standard.
3. Processing Card Transactions and Receiving Your Funds:
II. You grant hipages a lien and security interest in all funds processed and deposited into all Payout Accounts or any other bank account associated with your Connected Account and in any funds processed using the hipages Payments Service. These liens and security interests will secure performance of your obligations under these terms, including without limitation your obligation to pay any amounts due and owing to hipages or Stripe.
III. You may contest chargebacks on your Connected Account. hipages may provide you with assistance in contesting our chargebacks, however, we will not be liable for the amount of any chargeback on your Connected Account.
4. hipages’ obligations
I. We will provide to you: the hipages Payments Service in accordance with these terms, provided you have a current Agreement and you are not in breach of your Agreement.
II. In connection with the hipages Payment Service:
the hipages Payments Service in accordance with these terms, provided you have a current Agreement and you are not in breach of your Agreement.
a) hipages will manage any actions submitted by you in connection with your Connected Account including any communication in relation to transactions such as charges, refunds, adjustments, disputes and chargebacks; and
b) hipages will provide support to resolve general issues relating to your Connected Account and the use of the hipages Payments Service. This support includes resources and documentation that Stripe has made available to you through the current versions of Stripe’s support pages, API documents and other pages on Stripe’s website (collectively, Documentation). If you still have questions after reviewing the Documentation, please contact hipages at payments@hipages.com.au.
(collectively, the Activities).
5.Your obligations on use of hipages Payments Services
You:
I. must comply with the terms of the hipages Privacy Policy and the Stripe Privacy Policy and you agree to comply with all applicable laws governing the use and protection of data received through the hipages Payments Service;
II. agree that you will not use, disclose or distribute any data unless permitted by these terms;
III. authorise hipages and Stripe to share data with any platform or app that you connect towith your Connected Account;
IV. authorise hipages to carry out the Activities on your behalf;
V. agree to and comply with the Stripe Connected Account Agreement, ensure that the information in your Connected Account is accurate and current and promptly update any inaccurate information in your Connected Account;
VI. must take sole responsibility for all Transactions using the hipages Payments Services, for verifying the identity of customers and for verifying the eligibility of a card used to pay for the services. hipages does not assume liability for any Transactions authorised and completed that are later reversed or charged back;
VII. must pay all taxes, fees and other charges imposed by any government authority (Taxes), including without limitation valued added tax, goods and services tax, provincial sales tax and/or sales tax on the hipages Payments Services;
VIII. agree to accept electronic notices from hipages in relation to the hipages Payments Service;
IX. agree to use the hipages Payments Service in a manner consistent with its intended use in accordance with these terms or as expressly permitted in the Stripe Connect Account Agreement;
X. must use the hipages Payments Service in a lawful manner including complying with all applicable laws, rules, regulations, agreements with third parties;
XI. agree to comply with the Payment Network Rules applicable to merchants in relation to your use of the hipages Payments Service including the network rules provided by Visa, Mastercard and American Express;
XII. must assume sole responsibility for the hipages Payments Service including but not limited to obtaining your customers’ consent to be billed for each Transaction in accordance with the Payment Network Rules;
XIII. must assume responsibility for the security of all data on your website, in your servers, in your possession or that you are otherwise authorised to access or handle;
XIV. must comply with the Payment Card Industry Data Security Standards (PCI-DSS) and if applicable to your business, the Payment Application Data Security Standards (PA-DSS);
XV. must comply with all laws applicable to your business and use of the hipages Payments Service; and
XVI. must provide hipages with current and accurate information.
You must not:
I. engage in any Restricted Business Activities;
II. engage in any unlawful, offensive or unacceptable conduct, or behave in an unprofessional or negligent manner;
III. assign your obligations under the hipages Payments Service without hipages prior written consent;
iV. directly or indirectly use the hipages Payments Service for any fraudulent or illegal activity;
V. interfere in any manner with the normal operation of the hipages Payment Service; or
VI. use the hipages Payments Service for household purposes or peer-to-peer money transmission or intercompany transactions.
6. Term, Termination and Effects of Termination
I. These terms will continue so long as you use the hipages Payments Service or until terminated by you or by hipages in accordance with this clause 6 (Term).
II. You may cease using the hipages Payments Service and close your Connected Account at any time by sending a request to payments@hipages.com.au.
III. We may terminate your access to hipages Payment Services at any time, if:
A. you cease to have an Agreement or are in breach of your Agreement;
B. we cease using the Stripe payments service or cease providing the hipages Payments Service;
C. we determine that you are ineligible for the hipages Payments Service because of significant fraud or credit risk, or for any other reasons determined by hipages in its sole discretion;
D. you fail to comply with these terms; or
E. we are requested to terminate your access to the hipages Payment Services by Stripe, by any Government Agency or any Financial Services Provider.
IV. Upon termination and the closing of your Connected Account, your access to the hipages Payments Service will cease immediately. You agree to complete all pending Transactions and stop accepting new Transactions. If you cease using the hipages Payment Services and take action to close your Connected Account, Stripe will pay out any remaining funds owed to you. All licences granted to you by Stripe will end upon the closure of your Connect Account and Stripe has the right to delete all of your information and account data stored on the Stripe servers within 10 days of termination. hipages will not be liable for compensation, reimbursement or damages related to your use of the hipages Payments Service, or any termination or suspension of the hipages Payments Service. You are still liable to hipages for any Fees or Fines, or other financial obligations incurred by you through your use of the hipages Payments Service up to the date you closed your Connected Account.
7. Limitation of Liability
I. You agree to indemnify hipages and Stripe and their respective officers, employees, agents and representatives for any loss, claim, liability, demand, damage, action or proceedings brought by a third party against hipages or a Stripe entity and you agree to fully reimburse hipages or the Stripe entities for any claims that result from:
A. your breach of these terms;
B. any fees, fines, disputes, reversals, returns, or any other liability we or Stripe incur which results from your use of the hipages Payments Services; or
C. negligent or wilful misconduct of you, your employees, contractors or agents.
II. You represent and warrant that:
A. you are eligible to register and use the hipages Payments Service and hold the requisite authority to execute and perform the obligations required by these terms;
B. all information provided to hipages and / or Stripe is accurate;
C. any charges represent a Transaction for Permitted Services;
D. you will fulfil all obligations to customers and will direct all disputes to hipages;
E. you will comply with all laws applicable to your business and the use of the hipages Payments Service;
F. you will not use the hipages Payments Service for household purposes, peer-to-peer money transmission or intercompany transactions; and
G. you will not use the service directly or indirectly for any fraudulent or illegal undertaking or to interfere in any manner with the normal operation of the hipages Payments Service.
III. The hipages Payments Service is provided on an “as is” and “as available” basis without any express, implied or statutory warranties of title, merchantability, fitness for a particular purpose or noninfringement. The use of the hipages Payments Service is at your own risk.
IV. To the extent a statutory warranty cannot be excluded by law, hipages’ liability is limited to the aggregate of all fees paid to hipages in the 3 months before giving rise to the event, or re-providing the hipages Payments Service at hipages’ discretion.
V. hipages cannot guarantee that unauthorised parties will never be able to defeat either hipages or Stripe’s security measures or misuse any Data or personal information in our possession.
VI. Under no circumstances will hipages or Stripe be responsible or liable to you for any damages resulting from your use or inability to use the hipages Payments Service or the unavailability of the hipages Payments Service.
VII. All limitations on hipages’ liability to you will apply regardless of the legal basis of your claim, including contract, tort, negligence, strict liability, or any other legal basis.
8. hipages Right to Audit
If hipages believes that a security breach, leak, loss or compromise of data has occurred on your systems, website, or app affecting your compliance with these terms, hipages may require you to permit a third-party auditor approved by hipages to conduct a security audit of your systems and facilities. The approved auditor will issue a report to hipages, Stripe and Stripe’s Financial Services Providers.
9. Other Legal Terms
I. You must not transfer or assign any of your rights or obligations under these terms to a third party without our written approval, and any such purported transaction is void.
II. You acknowledge and agree that we may assign, novate or transfer any of our rights or obligations under these terms in whole or in part to a third party at our discretion and without seeking your further consent.
III. These terms are governed by the law of New South Wales, Australia and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales.
IV. You warrant that you have relied entirely on your own investigations (including any independent advice you may have received) and have not relied on any representation by us about the matters contained in these terms or the hipages Payments Services that we provide pursuant to these terms.
V. To the extent permitted by law, if any term or words in these terms are declared void, voidable, unenforceable or illegal, such words or term shall be read down to the extent necessary to cure the voidability, unenforceability, illegality or other defect, or otherwise shall be severed without affecting the enforceability of the rest of this Agreement.
VI. Neither party will be liable for any delays in processing or other non-performance caused by fires, equipment, telecommunication or utility failures, labor strife, riots, wars, terrorist attack, non-performance of Stripe’s vendors or suppliers or acts of nature, or other causes or events over which the respective parties have no reasonable control. Nothing in this section will affect or excuse your liabilities or obligations under clause 7(I)(B).
VII. We may vary these terms and conditions from time to time. To the extent that any variations to these terms and conditions affect the Fee payable by you to hipages, or substantially change the way in which the hipages Payments Service is delivered, we will provide you with 14 days notice prior to the variation being made. You may cease using the hipages Payments Service or close your Connected Account at any time in accordance with clause 6(II).
Definitions:
ABN means the unique 11 digit Australian Business Number referred to in clause 1(ii) issued by the Australian Government Business Registration Service that identifies your business.
Connected Account means a Stripe account that has been onboarded to the Platform via Stripe Connect.
Chargebacks means a dispute raised by a customer where you charged a customer but failed to deliver the service, or the card holder did not authorise the charge.
Fee an amount equivalent to 1.6% of the amount of any Transaction between your customer and you using the hipages Payment Service.
Platform means the connection of your Stripe Account to a platform provider using the Stripe Connect service.
Payment Network Rules means the guidelines, bylaws, rules and regulations imposed by the Financial Services Providers that operate payment networks support by Stripe including payment card network operating rules for Visa, MasterCard or the American Express networks.
Payout Accounts means all transfers initiated by you from your Connected Account to the nominated bank account registered to your Connected Account.
Restricted Business Activities means all prohibited and restricted businesses identified by Stripe.
Scheme has the meaning given to that term in the Standard.
Standard means Standard No. 3 of 2016 published by the Reserve Bank of Australia pursuant to the Payments System (Regulation) Act 1998.
Stripe Connect means the Platform that helps hipages administer your Stripe Account and provide you with additional services.
Stripe Connected Account Agreement means all the terms contained in the Stripe Connected Account Agreement.
Stripe Connect Platform Agreement means all the terms contained in the Stripe Connect Platform Agreement.
Stripe's Financial Services Providers means all financial services providers used by Stripe.
Transactions means a transaction between your customer and you using the hipages Payment Service.