EarndPay Terms of Use

 

EarndPay Terms of Use  Earnd Pty Ltd ABN 46 625 490 968 (Earnd) has integrated with your employer (Employer) to provide you with “EarndPay”, a technology-enabled facility providing you with access to the pay that you have earned on demand, without the usual wait. 

Your EarndPay Agreement (Agreement) is comprised of these EarndPay Terms of Use (Terms), and your Offer to Borrow (Offer) (that you create through the EarndPay platform).  If you have questions, call Earnd on +61 2 8052 5823 or email hi@earnd.com.au before you submit an Offer. 

 

IMPORTANT: EarndPay is a loan.  Due to the short-term nature of the credit offered in EarndPay, the low fees and no interest, EarndPay is not subject to standard consumer credit protection under the National Consumer Credit Protection Act 2009 (NCCP). You must repay your EarndPay balance in full on the Scheduled Loan Repayment Date by way of direct debit, and Earnd may report defaults to a Credit Reporting Bureau.

 

Registration

  1. To use EarndPay, you need to have a registered EarndPay profile and have in place a valid privacy consent.
  2. Earnd or your Employer may suspend or cancel your EarndPay profile at any time without giving you a reason.

 

Entering into your EarndPay Agreement

  1. Your Agreement is comprised of these Terms and your Offer.
  2. By submitting your Offer electronically, you offer to enter into a legally binding loan agreement.
  3. Your Agreement becomes legally binding if Earnd accepts your offer, and disburses funds into the bank account that you have nominated.  Earnd is not obliged to accept your Offer.

 

How much can you borrow?

  1. You may make an Offer to borrow up to the available salary on your dashboard, and you may borrow more than once during a salary or wage payment cycle.
  2. If you make an Offer to borrow during a particular payment cycle, and you have already borrowed during that same payment cycle, Earnd will combine your outstanding balances so that you only ever have one loan from Earnd per payment cycle.

 

Fees, charges and interest

  1. You must pay the following non-refundable fees and charges, which will be deducted from your Total Loan Amount when Earnd accepts your Offer and disburses your funds:
    • A transaction fee of between 0.00% and 1.00%, depending on our relationship with you and/or your employer
    • If you Default under your Agreement, Earnd may charge the following Late Fees: 
      1. A $10 late fee becomes due and payable if your Employer does not pay the outstanding balance of your loan in full (including any fees) on the Scheduled Loan Repayment date, and we are unable to deduct this amount in full from your nominated account using your direct debit nomination.
      2. A $7 Late Fee becomes due and payable if any part of your loan remains outstanding seven days after the Scheduled Loan Repayment Date.   
  2. Your own deposit taking institution  may also charge you default or direct debit failure fees – you should ask them about their account related fees. 

 

Repaying your EarndPay loan              

  1. Earnd requires, and you agree to: 
    • give your employer a standing authority to deduct from your salary or wage in favour of Earnd for all amounts payable to Earnd each pay period in which you borrow from Earnd; 
    • enter into a standing direct debit authority with Earnd.   If your employer does not repay your loan in full on the Scheduled Loan Repayment Date, yYou authorise Earnd to deduct all repayments due under your EarndPay Agreement: 
      1. on the Scheduled Loan Repayment Date in the case of loan repayments, interest and fees; B. seven days after the Schedule Repayment Date, and one month after the Scheduled Repayment Date if any amount you owe Earnd remains outstanding. 
      2. as they become due for all other fee types.
  2. Your EarndPay loan is repaid from your after-tax wage, and is not a salary sacrifice. 
  3. If Earnd receives a part repayment, Earnd has discretion to allocate it to any amount that you owe Earnd, in any order, acting reasonably, and may continue to debit your account under your direct debit authority until the entire balance is repaid.  Earnd may also report any eligible default to a Credit Reporting Body, which may impact your credit history.
  4. Subject to any statutory right of set-off that you may have, you must make all repayments owing to Earnd in full, and must not make any set-off.
  5. If your EarndPay repayment is due on a non-business day in NSW, it must be paid by the next business day.
  6. EarndPay repayments are taken to be made when Earnd receives the cleared repayment.
  7. Earnd will not pay interest on any overpayment, and may hold or return the balance. 

 

Default          

  1. You are in Default under your Agreement if: 
    • you fail to make a repayment in full on the due date;
    • ii. you breach a warranty or a material term.
  2. If you are in default, Earnd may take one or more of the following actions: 
    • suspend your EarndPay profile; 
    • call up, and require you to immediately repay all amounts that you owe to Earnd;
    • charge late fees; 
    • take enforcement action; 
    • notify a credit reporting body of your default; or
    • take any other action that is reasonable in the circumstances.
  3. You may become liable for reasonable enforcement expenses.

 

Termination

  1. You may terminate your Agreement at any time voluntarily without cost by paying in full all amounts that you owe Earned, including any fees and charges or interest.
  2. Earnd may terminate your Agreement immediately without notice in the event of a default, fraud or if required for regulatory reasons. 

 

Your warranties

By signing your Agreement, you warrant to Earnd that:

  1. all information that you have provided to Earnd is correct;
  2. you will not allow another person to use your EarndPay Profile, and you will protect your security credentials;
  3. you are 18 years or over and a permanent resident of Australia;
  4. you are not in hardship at the time of making an Offer;
  5. you have made your own enquiries about whether EarndPay is appropriate for you; and
  6. you will keep your personal and communication details updated, and will regularly check your communication methods for correspondence from Earnd. 

 

Your key obligations

  1. You must provide accurate bank account details in which to receive your EarndPay funds.  Earnd can ask its account holder to investigate an incorrect payment, but cannot guarantee the return of lost funds, and is not liable for an incorrect payment. 
  2. You must protect your EarndPay security credentials, and notify us immediately if you suspect that your security has been compromised. 
  3. You must keep in place a valid direct debit authorisation with Earnd at all times, and update your authorisation if your account changes.

   

Privacy

Earnd may record phone calls or intercept communication with customers for customer service, quality and evidentiary purposes. Please tell us before each call if you do not agree.

You acknowledge and consent to Earnd collecting, using, disclosing and holding your personal information in accordance with the terms of Earnd’s Privacy Policy at www.earnd.com/legal/privacy. 

 

Resolving problems      

  1. If you have a problem, please contact Earnd at support@earnd.com.  Earnd may require you to provide a copy of your pay slip that relates to the relevant EarndPay period.
  2. You authorise us to share EarndPay loan information and personal information with your Employer as required to resolve problems or complaints.
  3. Earnd will attempt to resolve your problem within 5 days, otherwise, Earnd will endeavour to provide you with a written response within 45 days. 

 

Notices and communications

  1. You authorise Earnd to give you notices and to contact you about EarndPay using the email address, mobile number and other contact details in your EarndPay profile.
  2. As EarndPay is digital, if you withdraw your consent to be contacted electronically, we may suspend your EarndPay profile.
  3. You may give Earnd notice in writing by email support@earnd.com or by post or hand delivery to Level 18, 167 Macquarie Street Sydney NSW, 2000. 

 

Variations

Earnd may, without your consent, vary these Terms, introduce new fees or change existing fees, as they will apply to any future Offer that you may make, by giving you at least 30 days’ notice. 

 

AML/CTF and other relevant laws

You acknowledge and agree that:

  1. Earnd must undertake customer identification, verification and monitoring under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth), and the related Rules (AML Laws), and may take any action (or inaction) that Earn considers is necessary to comply with AML Laws, including suspending or terminating your EarndPay profile;
  2. you will provide all information and documents reasonably requested to enable Earnd to comply with relevant laws in Australia or another country; and
  3. Earnd may disclose information about you, or your transactions for any regulatory or legal purpose. 

 

Limitation of liability

Earnd is not liable for any unauthorised access to your account, unless we expressly agree in writing, or the access was as a result of Earnd’s negligence. 

 

General matters

  1. Earnd may assign, novate, or transfer its rights or obligations under this Agreement without your consent.
  2. If Earnd does not exercise a right or remedy fully or at a given time, we can still exercise it later at our discretion.
  3. New South Wales laws govern and apply to this Agreement.
  4. If any provision of this Agreement is or becomes invalid, unenforceable or breaches any mandatory law or regulation, then it is to be treated as deleted, and will not affect the remaining provisions of this Agreement. 

 

These Terms were last updated on 13 March 2019