BPay Terms & Conditions
1. These terms and conditions set out the rights and responsibilities of you, the "Payer", and The Rock Building Society Limited, the "Payer Institution", with respect to usage of the BPAY scheme. These terms and conditions should be read in conjunction with any terms and conditions that apply to the account from which you seek to make BPAY payments, including where relevant, any terms and conditions relating to The Rock Building Society Limited's telephone banking and internet banking services.
What is the BPAY Scheme?
2. The Rock Building Society Limited (The Rock) is a Payer Institution in the BPAY scheme. The BPAY scheme is an electronic payments scheme through which you can ask us to make payments on your behalf to organisations ("Billers") who tell you that you can make payments to them through the BPAY scheme ("BPAY Payments").
We will tell you if we are no longer a Member of the BPAY scheme.
3. You can recognise bills you may pay through the scheme as they display the BPAY logo and Biller Reference details.
How to use the BPAY Scheme.
4. The information you must give us to instruct us to make the BPAY payment is:
a) Biller Code;
b) Biller Customer Reference Number;
c) Amount you want to pay; and
d) The account from which you want us to make the payment.
We will then debit the account you specify with the amount of that BPAY payment.
5. You acknowledge that we shall not be obliged to effect a BPAY payment if you do not give us all of the above information, if any of the information you give us is inaccurate, or if there are insufficient cleared funds in the account to be debited.
6. BPAY payments may be made from any of the following types of savings account held with The Rock:
a) Passbook Savings Account
b) The Only Account
c) Savings Investment Account
d) Business Cheque Account
e) Mortgage Offset Account (incorporating The Only Account)
f) Senior's Account (incorporating The Only Account)
g) Senior's Platinum Account
h) Cash Management Account
i) Student Survivor Account
j) Christmas Club Account
k) Fee Cruncher Account
l) Teen Account
m) Online Saver Account
n) Real Estate Trust Account
o) Real Estate Working Account
7. You must comply with the Terms and Conditions that apply to the account you request us to debit a BPAY payment, to the extent that those account terms and conditions are not inconsistent with, or are overridden, by these BPAY terms and conditions. The conditions applying to BPAY are in addition to those terms.
8. You can initiate BPAY payments by any of the following methods:
a) The Rock's internet banking service (www.therock.com.au);
b) The Rock's telephone banking service (1300 130 677); or
c) Visiting any one of The Rock's branches and mini branches.
9. You can process a one-off payment to a Biller organisation, or you can set up a regular "periodic payment" for a specified amount.
10. You acknowledge that the receipt by a Biller organisation of a mistaken or erroneous payment does not and will not constitute under any circumstances part or whole satisfaction of any underlying debt owed between you and that Biller organisation.
11. We will not accept an order to stop a BPAY payment once you have instructed us to make that BPAY payment.
12.1 You should notify us immediately if you become aware that you may have made a mistake when instructing us to make a BPAY payment, or if you did not authorise a BPAY payment that has been made from your account.
12.2 If The Rock suspects fraudulent activity or unauthorised transactions we will temporarily freeze your internet banking access or RockDirect telephone banking access and/or stop payment on the suspect transaction until we can contact you and receive confirmation satisfactory to us that the transaction may proceed. The Rock will then remove any freeze on your internet banking access or RockDirect telephone banking access.
13. You must be careful to ensure that you tell us the correct amount you wish to pay. If you instruct us to make a BPAY payment and you later discover that:
a) the amount you told us to pay was greater than the amount you needed to pay, you must contact the Biller to obtain a refund of the excess; or
b) the amount you told us to pay was less than the amount you needed to pay, you can make another BPAY payment for the difference between the amount actually paid to the Biller and the amount you needed to pay.
14. If we are advised that your payment cannot be processed by a Biller we will:
a) advise you of this;
b) credit your account with the amount of the BPAY payment; and
c) take all reasonable steps to assist you in making the BPAY payment as quickly as possible.
15. When we have instructions for more than one BPAY payment from a nominated account, we may determine the order of priority in which the transfers or payments are made.
16. You must ensure that your account from which a BPAY payment is to be drawn has sufficient funds to enable the transaction to be performed by us.
Timing of Payments
17. The Rock's BPAY Payment Cut-off Time is 4:30pm EST on any business day. If we receive your payment instruction before this time it will, in most cases, be treated as having been made on the same day. However, the payment may take longer to be credited to a Biller if we receive your instruction on a Saturday, Sunday, or public holiday, or if another participant in the BPAY scheme does not process a payment as soon as they receive its details.
18. Subject to clause 15 above, Billers who participate in the BPAY scheme have agreed that a BPAY payment you make will be treated as received by the Biller to whom it is directed:
a) on the date you make that BPAY payment, if you tell us to make a BPAY payment before our Payment Cut-off Time on a Banking Business Day; or
b) on the next Banking Business Day, if you tell us to make a BPAY payment after our Payment Cut-off Time on a Banking Business Day, or on a non-Banking Business Day.
19. A delay might occur in the processing of a BPAY payment where:
a) there is a public or bank holiday on the day after you tell us to make a BPAY payment;
b) you tell us to make a BPAY payment either on a day which is not a Banking Business Day, or after the Payment Cut-off Time on a Banking Business Day;
c) another financial institution participating in the BPAY scheme does not comply with its obligations under the BPAY scheme; or
d) a Biller fails to comply with its obligations under the BPAY scheme.
20. While it is expected that any delay in processing under this agreement for any reason set out in clause 19 will not continue for more than one Banking Business Day, any such delay may continue for a longer period.
21. You should check your account records carefully, and promptly report to us as soon as you become aware of any BPAY payments that you think are errors or are BPAY payments that you did not authorise, or you think were made by someone else without your permission.
22. We will treat an instruction to make a BPAY payment as valid in the following circumstances:
a) where we receive written instructions from you bearing your signature (as previously provided to us);
b) instructions received via our telephone banking system where your client number and the CORRECT ACCESS CODE have been entered; or c) instructions received via our internet banking system where your client number and the CORRECT ACCESS CODE have been entered.
23. YOU MUST NOT DISCLOSE YOUR ACCESS CODE TO ANYONE. You must tell us immediately if you believe that any unauthorised person is using your client number and access code to initiate transactions on your account.
24. You must take care to protect the confidentiality of your access code, because anyone who knows it may be able to make transactions on your nominated accounts.
25. When you register to use telephone or internet banking we will give you an access code. We recommend that the first time you use the service you take the option to change your access code to something that you can remember easily but could not be guessed by anyone else.
26. To protect your access code you should:
a) memorise your access code;
b) not divulge your access code to family or friends;
c) not keep a record of your access code with any documents bearing your client code (including statements, passbooks etc).
27. Acceptance of these Terms and Conditions means that you acknowledge that we are entitled to allow access to our telephone and internet banking services to any person providing your client number and access code.
Liability For Mistakes and Unauthorised Transactions
28. We will attempt to make sure that your BPAY payments are processed promptly by the participants in the BPAY scheme, including those Billers to whom your BPAY payments are to be made. You must tell us promptly if:
a) you become aware of any delays or mistakes in processing your BPAY payments;
b) you did not authorise a BPAY payment that has been made from your account; or
c) you think that you have been fraudulently induced to make a BPAY payment. We will attempt to rectify any such matters in relation to your BPAY payments in the way described in paragraphs 29 to 34. However, we will not be liable for any loss or damage you suffer as a result of using the BPAY scheme.
29. If a BPAY payment is made to a person or for an amount which is not in accordance with your instructions (if any), and your account was debited for the amount of that payment, we will credit that amount to your account. However, if you were responsible for a mistake resulting in that payment and we cannot recover the amount, you are liable for that amount.
30. If a BPAY payment is made in accordance with a payment direction which appeared to us to be from you or on your behalf, but for which you did not give authority, and:
a) we cannot recover after attempting to do so, that amount from the person who received it; and
b) the payment was made as a result of a payment direction which did not comply with our prescribed security procedures for such payment directions you will be liable for that amount
31. If a BPAY payment is induced by the fraud of a person involved in the BPAY scheme, then that person should refund you the amount of the fraud-induced payment. However, if the person does not refund you the amount of the fraud-induced payment, you must bear the loss unless some other person involved in the BPAY scheme knew of the fraud or would have detected it with reasonable diligence, in which case that person must refund you the amount of the fraud induced payment.
32. If a BPAY payment you have made falls within the type described in clause 30 and also clause 29 or 31, then we will apply the principles stated in clause 30.
33. You indemnify us against any loss or damage we may suffer due to any claim, demand or action of any kind brought against us arising directly or indirectly because you:
a) did not observe any of your obligations under these terms and conditions; or
b) acted negligently or fraudulently in connection with this agreement.
34. If you tell us that a BPAY payment made from your account is unauthorised, you must first give us your written consent addressed to the Biller who received the BPAY payment, consenting to us obtaining from the Biller information about your account with that Biller or that BPAY payment, including your customer reference number and such information as we reasonably require to investigate the BPAY payment. We are not obliged to investigate or rectify any BPAY payment if you do not give us this consent.
35. We are not liable for any consequential loss or damage you suffer as a result of using the BPAY scheme, other than due to any loss or damage you suffer due to our negligence, or in relation to any breach of a condition or warranty implied by law in contracts for the supply of goods and services and which may not be excluded, restricted or modified at all or only to a limited extent.
36. We exclude all liability for any loss you suffer because our telephone banking and/or internet banking services are not available, including but not limited to systems malfunction or failure of telephone lines, telephones and/or telephone exchanges.
37. We will not be liable to you for delays or errors in the execution of any transaction or instruction due to the failure or malfunction of any aspect of the communication network, or any circumstance beyond our reasonable control.
38. You indemnify us against any loss or damage we may suffer due to any claim demand or action of any kind brought against us arising because you:
a) did not observe any of your obligations under these Terms and Conditions; or
b) acted negligently or fraudulently in connection with this agreement.
Complaint Handling and Dispute Resolution
39. If you believe there has been an error or omission in the processing of BPAY payments to your account, you must advise us immediately by:
a) telephoning our customer service line on 1800 806 645;
b) writing to PO Box 562, Rockhampton, QLD 4700;
c) sending us an email; or
d) calling into any Rock branch or mini branch.
40. We will advise of the steps you must take so that an investigation can commence. You must give us full details of the transaction you are querying.
41. If we are unable to resolve the matter immediately you may lodge a complaint and we will advise you of the steps we will take to investigate the matter further.
42. Within 20 Banking Business Days of receiving from you the full details of your complaint, we will advise you in writing of the outcome of our investigation. (If, in exceptional circumstances, more time is needed to complete our investigation we will advise you of this in writing.) We will provide you with reasons for our findings, with reference to the relevant provisions of these Terms and Conditions.
43. If you are not satisfied with our findings, you may request a review by our senior management, or you may request a review by our senior management, or you may refer the matter to the
Financial Services Ombudsman (FSO)
GPO Box 3, Melbourne Vic 3001
Telephone: 1300 78 08 08 Fax: (03) 9613 7345
44. We may suspend your right to participate in the BPAY scheme at any time if you or someone acting on your behalf is suspected of being fraudulent.
Acceptance of Terms
45. When you instruct us to make a BPAY payment for the first time, whether in person at a branch or agency, or by telephone or internet banking, you agree to and are bound by these Terms and Conditions.
Changes to Terms
46. We can change these Terms and Conditions at any time. If we do make any changes to these Terms and Conditions these will be available on our website www.therock.com.au or at any Rock outlet or by calling 1800 806 645.
47. Whilst every effort will made to ensure that the internet banking service is available 24 hours a day, there may be occasions that the service will not be available due to system maintenance, system failure or network problems beyond our control.