"We", "us" and "our" means Optus Billing Services Pty Limited ABN 95 088 011 536 and their related Bodies Corporate of Optus Billing Services Pty Limited as defined in section 50 of the Corporations Law.
Our commitment to you: Drawing Arrangement: We will advise you in writing, the details for the Direct Debit drawing arrangements (rates; frequency and commencement date) at least 14 calendar days prior to the first drawing. Where the due date falls on a non-business day, we will draw the amount on the next business day. We will not change the amount or frequency of drawing arrangements without your prior approval. We reserve the right to cancel the Direct Debit drawing arrangements if three or more drawings are returned unpaid by your nominated Financial Institution or Credit Card Issuer and to arrange with you an alternate payment method. We exclude any and all liability to you for any losses of any kind that you may suffer from the occurrence of such an event. We will keep all information pertaining to your nominated account at the Financial Institution or Credit Card issuer, private and confidential. You agree that we hold all intellectual property rights in all material provided to you by Optus relating to Direct Debits and you agree not to in any way breach such intellectual property rights. We exclude all liability to you for any and all consequential losses suffered by you from any act or omission by us in complying with a Direct Debit from you, including but not limited to loss of revenue or economic loss, loss of profit, loss of anticipated savings or business, loss of date or goodwill, claims by third parties and costs and expenses associated with or incidental to such losses. Our liability to you for any and all losses suffered by you as a result of any act or omission by us in complying with a Direct Debit from you is limited to debiting you nominated account correctly and refunding you any amounts that we have wrongfully debited from your nominated account. You acknowledge that we are not in any way liable to you or to any third party for any claims against us resulting from your acts or omissions or the acts or omissions of any third party and you agree to indemnify us for any losses that we may suffer as a result of such claims being made against us.
Your Rights: You may terminate the Direct Debit drawing arrangements at any time given by written/verbal notice to us. The termination will take effect from the invoice issued after the termination.
Your commitment to us: It is your responsibility to ensure that sufficient funds are available in the nominated account to meet drawing on its due date. Should a drawing be retuned unpaid by your Financial Institution or Credit Card Issuer then an appropriate decline fee will be applied to your Optus account from which the Direct Debit drawing was to be applied. It is your responsibility to ensure that the authorisation given to draw on the nominated account is identical to the account signing instructions held by the Financial Institution or Credit Card Issuer where the account is based. It is your responsibility to advise us if the account nominated by you to receive the Direct Debit drawings is transferred or closed.
It is your responsibility to arrange with us a suitable alternate payment method if the Direct Debit Drawing arrangements are cancelled by either yourself/ves or the nominated Financial Institution or Credit Card Issuer.