Rental Rewards – Tenant Terms and Conditions

Updated October 2024

Rental Rewards provides a service for Tenants (you) to make payments to Real Estate Agents. These terms and conditions form part of a Tenant Registration Form (TRF) executed by the Tenant wishing to pay rent to the Tenant’s Real Estate Agent through the service provided by Zenpay Pty Ltd t/a Rental Rewards (ACN 056 881 942. ABN 63 056 881 942).

By completing and executing the TRF, the Tenant agrees to be bound by the terms and conditions set out below (the “Terms”).

1. Definitions (as used in this Agreement)

• Account means the credit, debit, bank account or any other payment method nominated or used by the Tenant for payment of rent.
• Business Banking day means a day other than a Saturday or a Sunday or a public holiday in Australia.
• Direct Debit means an automatic transaction to collect funds from your nominated bank account via Bulk Electronic Clearing System (BECS) scheme based on the authority provided by you via the Direct Debit Authority (DDA) agreement with Rental Rewards.
• Real Estate Agent or Agent means the Agent, or a landlord for whom the Agent acts, to whom rent is payable or due.
• Rent in relation to a Tenant, means the rent described in that Tenant’s Tenants registration form, being the rent payable or due by that Tenant. For the purpose of this agreement, it also includes any other payments made by Tenants and/or processed by the Tenant’s Real Estate Agent.
• Rental Rewards Program or PropertyPay Program or us means the program developed by ZenPay Pty Ltd (ABN: 63 056 881 942) for the processing of payments.
• Tenant means a person who has an agreement relating to the payment of rent to an Agent, or a landlord for whom the Agent acts. For the purposes of this Agreement, it also includes any person who registers to pay rent via the Rental Rewards program.
• Tenants Registration Form or (TRF) means an agreement between a Tenant and us whereby the Tenant agrees to participate in the Rental Rewards Program.
• PayTo means a payment method via the NPP (New Payments Platform) that allows you to authorise and control payments (including through variations or suspensions) from your nominated bank account through a PayTo Mandate or PayTo Agreement.
• PayTo Mandate or PayTo Agreement means an authorised payment mandate or agreement that you have with your Agent.

2. Contract

2.1 These Terms apply to any Tenant from the date upon which Rental Rewards accepts a Tenant’s TRF.
2.2 These Terms do not operate to vary or affect in any way the meaning, operation and effect of any other contract to which the Tenant is a party including, without limitation, the lease to which rent payments are applied and any agreement regulating the use by the Tenant of the Account. These Terms do not oblige the Tenant to use the Account to pay rent or any other amount.

3. Your Account

3.1 The Tenant is responsible for ensuring that the entity issuing the Account will make payments authorised by the Tenant in the TRF. The Tenant is responsible for ensuring that they have authority to nominate the Account used to process payments. You agree that any payment initiated from your Account to complete a Payment Instruction, including in accordance with a direct debit authority/PayTo Agreement, and the subsequent remittance to the Agent, is based on your instruction and done on your behalf, and that you are responsible for the transaction.
3.2 Rental Rewards is not responsible or liable in any way for any failure by any entity issuing the Account to remit payments. The Tenant acknowledges that the entity issuing the Account may not permit the use of the Account to pay rent. The Tenant is liable for any and all expense, damage or loss incurred by Rental Rewards in the event of the misuse or unauthorised use of the Account by the Tenant and the Tenant must reimburse any such amounts to Rental Rewards.
3.3 The Tenant is responsible for managing their PayTo Mandate with their banking provider and may choose to amend, cancel or suspend/pause such arrangements with their bank. Rental Rewards is not responsible for meeting the Tenant’s obligations or maintenance of their PayTo arrangement with their bank or their Agent. Amending, cancelling or suspending/pausing PayTo agreement does not alter the Tenant’s obligations or responsibilities to make payments to their Agent.

4. Payment Procedures

4.1 The Tenant or Agent will be deemed to have authorised the Account to be debited or charged with the rent and the Convenience Fee described in the TRF when:

• a) Rental Rewards receives a “YES” response from the Tenant’s nominated SMS number or email address to a rental reminder initiated by Rental Rewards; or
• b) the date for payment of rent passes if the Tenant has nominated ‘Set & Forget’ automatic payments as its payment method in the TRF; or
• c) the Tenant or Agent initiates payment using any payment solution made available by Rental Rewards;
• d) or the Tenant or Agent requests Rental Rewards to initiate a payment; and/or the Tenant or Agent initiates payment using any payment solution made available by Rental Rewards.

4.2 Rental Rewards will not be liable for any fraudulent use of the Account or any of the payment methods described in paragraph 4.1. The Tenant must notify Rental Rewards immediately if the Account is lost or stolen using the contact details listed on the Rental Rewards website. A notice given by the Tenant or Agent under this paragraph will be deemed to be a Change Notice cancelling all Authorisations to make payments using the Account five days after Rental Rewards receives the notice.
4.3 Regardless of when Rental Rewards processes a payment in accordance with these Terms, the payment will not be regarded as completed unless and until the entity issuing the Account authorises and settles the payment according to the settlement arrangements relating to the payment. On business banking days, Rental Rewards will not be obliged to process a payment authorised under paragraph 4.1 after 5.00 pm AEST for card or 4:30pm for bank account. On non-business banking days, all payments may not be processed by the Tenant’s bank or provider and may be processed the next business banking day.
4.4 The Tenant releases and indemnifies Rental Rewards from and against any action claim, loss, proceeding, cost, liability or expense (a “Claim”) suffered or incurred by the Tenant in relation to, in connection with or as a direct or indirect result of any failure by the Tenant to pay rent unless that failure occurs due to a breach by Rental Rewards of these Terms.
4.5 As a separate, primary and severable liability, you indemnify and must keep Rental Rewards indemnified from and against any Claim suffered or incurred by Rental Rewards in relation to, in connection with or as a direct or indirect result of any payment or purported payment of rent pursuant to your TRF, or in relation to the property the subject of the TRF, subsequently being rejected, invalidated or disputed. It is not necessary for Rental Rewards to seek recovery or enforce any right against any other person or incur expense, loss, or damage or make payment before enforcing a right of indemnity conferred by these terms and conditions.
4.6 The Tenant will pay to Rental Rewards the Convenience Fee identified in the TRF. Any Authorisation under paragraph 4.1 will be deemed to include an Authorisation for Rental Rewards or the agent to debit or charge the Account with this convenience fee.
4.7 In the event of a payment that the Tenant initiated subsequently being rejected by the Tenant’s bank / card issuer or another party, the Tenant will pay to Rental Rewards a “Failed Payment Fee” of up to $25 (including GST). This Failed Payment Fee will be automatically deducted from the Tenant’s nominated card or bank account four days after Rental Rewards receives notification of the rejected payment. Should the Failed Payment Fee also become rejected, Rental Rewards reserves the right to cancel all payment arrangements as per Tenant’s TRF immediately.
4.8 Upon the Tenant or Agent requesting a change in Account from the original TRF, Rental Rewards may, in order to confirm the legitimacy of the Account and to cover set-up costs, process a “Bank Account set up” payment of $ 1.51 (including GST) on the Tenant’s nominated bank account or card.
4.9 Upon Rental Rewards ceasing payment arrangements under clause 5, Rental Rewards may at its discretion apply a “Cancellation Fee” of $10 (including GST), in order to cover costs associated with ceasing Tenant payment arrangements.
4.10 The Tenant acknowledges that any payments made under this agreement that are subsequently disputed or reversed or which Rental Rewards is required to refund by the entity issuing the account, will not be forwarded to, or will be recalled from the Agent, and the Tenant will be obliged to remake any such payment due under the terms of the Tenant’s agreement with the Agent.
4.11 Rental Rewards will issue a tax invoice complying with GST legislation if requested to do so by the Tenant.
4.12 The Tenant acknowledges their responsibility to ensure that there are sufficient cleared funds in the nominated account by, and at all times on and around, the due date of the payment to enable the direct debit to be honoured or the PayTo Agreement to be fulfilled. If there are insufficient funds available when the debit is attempted and/or processed by the Tenant’s bank, the Tenant will be responsible for any fees and charges that may be charged by their Financial Institution.
4.13 The Tenant acknowledges that if the due date of the payment falls on a non-business banking day, the payment may not be initiated by the Tenant’s bank until the next business banking day.

5. Cancellation or Stopping Payments

5.1 The Tenant is responsible for advising Rental Rewards or the Agent if rent ceases to be payable and/or the Tenant wishes to withdraw any Authorisation given or deemed to be given according to paragraph 5.3.
5.2 The Tenant acknowledges that any payments received by Rental Rewards other than the Convenience Fee and other fees charged directly by Rental Rewards are remitted by Rental Rewards to the Agent and, accordingly, any payments that exceed the rent actually payable by the Tenant must be recovered by the Tenant from the Agent. The Tenant releases and indemnifies Rental Rewards from and against any dispute or claim arising from any Authorised payment of rent that is not actually due and/or payable. The Convenience Fee and other fees charged directly by Rental Rewards are not refundable under any circumstances.
5.3 The Authorisations will be deemed to continue unless and until the Tenant notifies Rental Rewards or the agent in writing that they are withdrawn (a “Cancellation Notice”). A Cancellation Notice sent to Rental Rewards will not be effective until five days has elapsed from the date Rental Rewards receives it. A Tenant must execute a new TRF if the Tenant wishes to renew the Authorisations.
5.4 Rental Rewards or the Agent will publish or make available an online form (“Change Notice”) that the Tenant can complete to vary any of the information or Authorisations provided by them in a TRF. A Tenant must complete a Change Notice whenever the Tenant wishes to change any information provided by them in the TRF. If the change notice is sent to Rental Rewards, the information contained in a Change Notice will be deemed to have replaced the information in a TRF (as previously amended) five days after Rental Rewards receives a Change Notice.
5.5 Rental Rewards can terminate the payment arrangements contained in these Terms at any time by giving notice to the Tenant.

6. Privacy

Rental Rewards will collect, use and store any of your personal information in accordance with Rental Rewards ‘privacy policy’ (as varied from time to time) available on the Rental Rewards website www.rentalrewards.com.au. Without limiting the operation of the Rental Rewards privacy policy, the Tenant expressly authorises Rental Rewards to disclose any of the Tenant’s personal information to the Agent and any other person nominated by the Agent. Rental Rewards will use the information specified on the TRF for the purpose of identifying the Tenant.

7. Variations and Amendments

Rental Rewards may vary, delete or add (“Change”) to these Terms including the Convenience Fee and other fees at any time. Any Change will be effective from the date Rental Rewards posts the Change on the Rental Rewards website. Rental Rewards is not obligated to expressly notify the Tenants of such Change.

8. Miscellaneous

8.1 The Tenant acknowledges that Rental Rewards has not made any warranty in relation to the benefits, if any, that may accrue to the Tenant from paying rent by using the Account. The Tenant acknowledges that the existence or extent of benefits from using the Account may depend on the terms and conditions upon which the Account is issued to the Tenant.
8.2 Any notice required to be given by Rental Rewards or the Tenant can be given by the sender posting the relevant information to the SMS, email or postal address specified by the recipient on the TRF (as amended by any Change Notice). A notice given by Rental Rewards under this paragraph will be effective on the day after it is posted.

Direct Debit Service Agreement

You enter into this agreement to request and authorise ZenPay Pty Ltd ABN 63 056 881 942, trading as Rental Rewards, and a financial institution nominated by Rental Rewards, to credit and debit from your nominated account(s) any amount the Payment Initiator (ZenPay) has deemed payable by you.

This is your Direct Debit Service Agreement with ZenPay Pty Ltd t/a Rental Rewards ABN 63 056 881 942. It forms part of the terms and conditions of your Direct Debit Request (DDR) and should be read in conjunction with your DDR authorisation and our terms and conditions.

Definitions

1. Debiting your account

1.1 By signing a Direct Debit Request or by providing us with a valid instruction, you have authorised us to arrange for funds to be debited from your account. You should refer to the Direct Debit Request and this agreement for the terms of the arrangement between us and you.
1.2 We will only arrange for funds to be debited from your account as authorised in the Direct Debit Request. Or We will only arrange for funds to be debited from your account if we have sent to you in the Direct Debit Request, a billing advice which specifies the amount payable by you to us and when it is due.
1.3 If the debit day falls on a day that is not a banking day, we may direct your financial institution to debit your account on the following banking day. If you are unsure about which day your account has or will be debited you should ask your financial institution.

2. Amendments or Variations to this Agreement

2.1 We may vary any details of this agreement or a Direct Debit Request at any time by giving you at least fourteen (14) days written notice.
2.2 You may change, stop or defer a debit payment online, or terminate this agreement by providing your merchant or us with at least 5 days notification by writing to the contact details listed on our website www.rentalrewards.com.au. You may also arrange an amendment through your financial institution, which is required to act promptly on your instructions.

3. Your obligations

3.1 It is your responsibility to ensure that there are sufficient clear funds available in your account to allow a debit payment to be made in accordance with the Direct Debit Request.
3.2 If there are insufficient clear funds in your account to meet a debit payment:

• a) you may be charged a fee and/or interest by your financial institution.
• b) you may also incur fees or charges imposed or incurred by us; and
• c) you must arrange for the debit payment to be made by another method or arrange for sufficient clear funds to be in your account by an agreed time so that we can process the debit payment.
• d) You should check your account statement to verify that the amounts debited from your account are correct.

4. Dispute

4.1 If you believe that there has been an error in debiting your account, you should notify us directly using the contact details on our website and we will aim to resolve your query within 5 business days. Alternatively, you can take it up directly with your financial institution.
4.2 In case your account has been incorrectly debited, we will arrange an adjustment to your nominated account. We will also notify you in writing of the amount by which your account has been adjusted.
4.3 If we conclude that your account has not been incorrectly debited, we will respond to you in writing and provide our conclusions and evidence thereof.

5. Account

You should check:

• a) with your financial institution whether direct debiting is available from your account as direct debiting is not available on all accounts offered by financial institutions.
• b) your nominated account details are correct by checking them against a recent account statement.
• c) with your financial institution before completing the Direct Debit Request if you have any queries about how to complete the Direct Debit Request.

6. Privacy and Confidentiality

6.1 We will keep any information (including your account details) in your Direct Debit Request confidential. We will make reasonable efforts to keep any such information that we have about you secure and to ensure that any of our employees or agents who have access to information about you do not make any unauthorised use, modification, reproduction or disclosure of that information.
6.2 We will only disclose information that we have about you:

• a) to the extent specifically required by law; or
• b) for the purposes of this agreement (including disclosing information in connection with any query or claim).

Direct Debit Request

You request and authorise ZenPay Pty Ltd ABN 63 056 881 942, trading as Rental Rewards, and a financial institution nominated by Rental Rewards, with whom you have a direct debit agreement, to credit and debit from your nominated account(s) any amount the Payment Initiator (ZenPay) has deemed payable by you.

This debit or charge will be made through the Bulk Electronic Clearing System (BECS) from your account(s) held at the financial institution you have nominated and will be subject to the terms and conditions of the Direct Debit Request Service Agreement available on www.rentalrewards.com.au. These parties listed above do not accept any liability for the provision, merchantable quality or fitness for purpose of the underlying goods or services provided to you by the Payment Initiator and/or merchant and therefore you hold these parties harmless for any claim that may arise from the non-provision of services by the Payment Initiator and/or merchant or any other claim that may be made against the Payment Initiator and/or merchant under Consumer Law.

ZenPay Pty Ltd holds an Australian Financial Services Licence (number: 528678) and before you utilise ZenPay’s services, you should read these Terms in conjunction with ZenPay Pty Ltd’s Financial Services Guide, Product Disclosure Statement, and Target Market Determination which are available at https://zenithpayments.com.au/ZenPay-PDS.pdf.