Parent Terms & Conditions
tuitionsME provides a service for Parents to make any payments of fees to schools. These terms and conditions form part of a Parent Registration Form (PRF) executed by the Parent wishing to pay fees to the Parent’s school through the service provided by PaymentsME trading as tuitionsME. By completing and executing the PRF, the Parent agrees to be bound by the terms and conditions set out below (the “Terms”).
1. Definitions (as used in this agreement)
Account holder means the credit, debit or bank account nominated or used by the Parent for payment of fees.
Fees in relation to a Parent, means the fees described in that Parent’s Parent registration form, being the fees payable or due by that Parent. For the purpose of this agreement, it also includes any other payments made to by Parents and/or processed by the Parent’s School
tuitionsME or us means the program developed by PaymentsME for the processing of payments.
Parent means a person who has an agreement relating to the payment of fees to a School, or whom the School acts. For the purposes of this agreement, it also includes any person who registers to pay fees via the tuitionsME program.
Parents Registration Form or (PRF) means an agreement between a Parent and us whereby the Parent agrees to participate in the tuitionsME Program.Payment Processing Fee means any payment processing or transaction fee applied by the tuitionsME and paid by either the School or Parent as dictated on their PRF or subsequent communication.
School means the School, college or similar establishment for whom the School acts, to whom fees is payable or due.
2. Contract
2.1 These Terms apply to any Parent from the date upon which tuitionsME accepts a Parent’s PRF.
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 Parent is a party including, without limitation, the School to which fees payments are applied and any agreement regulating the use by the Parent of the credit, charge or bank account identified in the PRF or used to pay fees (the “Account”). These Terms do not oblige the Parent to use the Account.
3. Your Account
3.1 The Parent is responsible for ensuring that the entity issuing the account will make payments authorised by the Parent in the PRF. The Parent is responsible for ensuring that they have authority to nominate the account used to process payments.
3.2 tuitionsME is not responsible or liable in any way for any failure by any entity issuing the Account to remit payments. The Parent acknowledges that the entity issuing the Account may not permit the use of the account to pay fees. The Parent is liable for any and all expense, damage or loss incurred by tuitionsME in the event of the misuse or unauthorised use of the account by the Parent and the Parent must reimburse any such amounts to tuitionsME.
4. Payment Procedures
4.1 The Parent will be deemed to have authorised the Account to be debited or charged with the fees described in the PRF when: the date for payment of fees passes if the Parent has nominated ‘AutoPay’ automatic payments as its payment method in the PRF; the Parent initiates payment at an electronic or online payment terminal operated by the School; the Parent requests its School to initiate a payment; and/or the Parent initiates payment via the tuitionsME website or any telephone payment system operated by tuitionsME.
4.2 tuitionsME will not be liable for any fraudulent use of the Account or any of the payment methods described in paragraph 4.1. The Parent must notify tuitionsME immediately if the Account is lost or stolen by emailing info@tuitionsme.com or such other number as tuitionsME designates [by notice to the Parent/by posting it on the tuitionsME website]. A notice given by the Parent under this paragraph will be deemed to be a Change Notice cancelling all Authorisations to make payments using the Account five days after tuitionsME receives the notice.
4.3 Regardless of when tuitionsME 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. tuitionsME will not be obliged to process a payment authorised under paragraph 4.1 after 5:00 PM for credit card or 4:30 PM for bank account or on a day trading banks are not open for business until the next day upon which trading banks are open for business.
4.4 The Parent releases and indemnifies tuitionsME from and against any action claim, loss, proceeding, cost, liability or expense (a “Claim”) suffered or incurred by the Parent in relation to, in connection with or as a direct or indirect result of any failure by the Parent to pay fees unless that failure occurs due to a breach by tuitionsME of these Terms.
4.5 As a separate, primary and severable liability, you indemnify and must keep tuitionsME indemnified from and against any Claim suffered or incurred by tuitionsME in relation to, in connection with or as a direct or indirect result of any payment or purported payment of fees pursuant to your PRF, or in relation to the property the subject of the PRF, subsequently being rejected, invalidated or disputed. It is not necessary for tuitionsME 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 In the event of a bank account payment that the Parent or School initiated subsequently being rejected by the Parent’s bank or another party, tuitionsME will apply a fee (a “Failed Payment Fee”) of $5 including GST. This Failed Payment Fee will be automatically deducted from the School’s or Parent’s nominated account four days after tuitionsME receives notification of the rejected payment. Should the Failed Payment Fee also become rejected, tuitionsME reserves the right to cancel all payment arrangements immediately. The Failed Payment Fee does not apply to rejected credit card payments.
4.7 The Parent acknowledges that any payments made under this agreement that are subsequently disputed or reversed or which tuitionsME is required to refund by the entity issuing the account, will not be forwarded to, or will be recalled from, the School and the Parent will be obliged to remake any such payment due under the terms of the Parent’s agreement with the School.
4.8 tuitionsME will issue a tax invoice complying with GST legislation if requested to do so by the Parent
5. Cancellation or Stopping Payments
5.1 The Parent is responsible for advising tuitionsME if fees ceases to be payable and/or the Parent wishes to withdraw any Authorisation given (or deemed to be given) according to paragraph 5.3 (an “Authorisation”).
5.2 The Parent acknowledges that any payments received by tuitionsME (other than any Payment Processing Fee and other fees charged directly by tuitionsME) are remitted by tuitionsME to the School and, accordingly, any payments that exceed the fees actually payable by the Parent must be recovered by the Parent from the School. The Parent releases and indemnifies tuitionsME from and against any dispute or claim arising from any Authorised payment of fees that is not actually due and/or payable. The Payment Processing Fee and other fees charged directly by tuitionsME are not refundable under any circumstances.
5.3 The Authorisations will be deemed to continue unless and until the Parent notifies tuitionsME in writing that they are withdrawn (a “Cancellation Notice”). A Cancellation Notice will not be effective until five days has elapsed from the date tuitionsME receives it. A Parent must execute a new PRF if the Parent wishes to renew the Authorisations.
5.4 tuitionsME will, from time to time, publish or make available online or via the School a form (a “Change Notice”) that Parents can complete to vary any of the information or Authorisations provided by them in a PRF (the “Parents Information”). A Parent must complete a Change Notice whenever the Parent wishes to change the Parents Information. The information contained in a Change Notice will be deemed to have replaced the information in a PRF (as previously amended) five days after tuitionsME receives a Change Notice.5.5 tuitionsME can terminate the payment arrangements contained in these Terms at any time by giving notice to the Parent.
6. Privacy
6.1 tuitionsME will collect, use and store any of your personal information in accordance with tuitionsME’s privacy policy (as varied from time to time). Full particulars of this policy are provided with these Terms and can be inspected on the tuitionsME website www.tuitionsme.com. Without limiting the operation of the tuitionsME privacy policy, the Parent expressly authorises tuitionsME to disclose any of the Parent’s personal or payment information to the School and any other person nominated by the School. tuitionsME will use the information specified on the PRF for the purpose of identifying the Parent.
7. Variations and Amendments
7.1 tuitionsME may vary, delete or add (a “Change”) to these Terms (including the Payment Processing Fee and other fees) at any time. Any Change will be effective from the date tuitionsME posts the Change on the tuitionsME website. tuitionsME may not notify the Parent in any other way of any Change. If the Parent wishes to vary any Parents’ Information (including any Authorisations), the Parent must execute and deliver a Change Notice in accordance with paragraph 5.4.
8. Miscellaneous
8.1 The Parent acknowledges that tuitionsME has not made any warranty in relation to the benefits, if any, that may accrue to the Parent from paying fees by using the Account. The Parent 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 Parent.
8.2 Any notice required to be given by tuitionsME or the Parent can be given by the sender posting the relevant information to the SMS, email or postal address specified by the recipient on the PRF (as amended by any Change Notice). A notice given by tuitionsME under this paragraph will be effective on the day after it is posted.