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Third Party Payment Agreement for Australia

Third Party Payment Agreement Template for Australia

This document is a legally binding agreement governed by Australian law that establishes the terms and conditions for third-party payment processing arrangements. It outlines the roles, responsibilities, and obligations of all parties involved in the payment process, including the payment service provider, payor, and payee. The agreement addresses key aspects such as payment terms, processing procedures, security requirements, compliance with Australian banking and financial services regulations, dispute resolution mechanisms, and liability allocation. It incorporates provisions to ensure compliance with relevant Australian legislation, including the Banking Act 1959, Payment Systems (Regulation) Act 1998, and Anti-Money Laundering regulations.

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Third Party Payment Agreement

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What is a Third Party Payment Agreement?

A Third Party Payment Agreement is essential when businesses or individuals require a structured framework for processing payments through an intermediary service provider in Australia. This document is particularly relevant in situations where direct payment between parties is not practical or desired, such as in e-commerce transactions, recurring payment arrangements, or complex multi-party commercial relationships. The agreement ensures compliance with Australian financial services regulations, including the Banking Act 1959, ASIC requirements, and AML/CTF obligations. It provides comprehensive coverage of payment processing mechanics, security protocols, dispute resolution procedures, and risk allocation between parties. The document is designed to protect all parties' interests while facilitating efficient and secure payment processing in accordance with Australian law and banking practices.

What sections should be included in a Third Party Payment Agreement?

1. Parties: Identifies all parties to the agreement including the payor, payee, and the third-party payment facilitator

2. Background: Explains the context and purpose of the agreement, including the underlying transaction or relationship necessitating third-party payments

3. Definitions: Defines key terms used throughout the agreement including payment terms, processing periods, and technical terminology

4. Payment Terms: Details the amount, frequency, and timing of payments, including payment methods and processing timeframes

5. Payment Processing: Outlines the mechanics of how payments will be processed, including verification procedures and confirmation requirements

6. Fees and Charges: Specifies all fees, charges, and costs associated with the payment processing, including who bears responsibility for each

7. Security and Authentication: Details the security measures and authentication requirements for payment processing

8. Compliance and Regulatory Requirements: Addresses compliance with relevant laws including AML/CTF requirements and banking regulations

9. Dispute Resolution: Procedures for handling payment disputes, errors, and reconciliation processes

10. Term and Termination: Specifies the duration of the agreement and circumstances under which it can be terminated

11. General Provisions: Standard legal provisions including governing law, notices, and amendment procedures

What sections are optional to include in a Third Party Payment Agreement?

1. Foreign Exchange Provisions: Required when payments involve multiple currencies, detailing exchange rate determination and currency conversion procedures

2. Credit Terms: Needed when the agreement includes credit facilities or delayed payment arrangements

3. Integration Requirements: Required when payment processing involves integration with specific software or systems

4. Data Protection: Detailed privacy and data protection provisions, particularly important when handling sensitive payment information across jurisdictions

5. Service Level Requirements: Needed when specific performance metrics for payment processing are required

6. Force Majeure: Optional provisions for handling payment disruptions due to circumstances beyond parties' control

What schedules should be included in a Third Party Payment Agreement?

1. Payment Schedule: Detailed schedule of payment amounts, dates, and recipients

2. Fee Schedule: Comprehensive breakdown of all fees and charges associated with the payment processing

3. Technical Requirements: Technical specifications for payment processing, including API documentation if relevant

4. Security Protocols: Detailed security requirements and procedures for payment processing

5. Authorized Representatives: List of authorized persons who can initiate or approve payments

6. Service Level Agreement: Detailed performance metrics and service levels for payment processing

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

Genie AI

Document Type

Payment Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions



































Clauses

























Relevant Industries

Financial Services

Banking

E-commerce

Retail

Technology

Professional Services

Healthcare

Real Estate

Insurance

Telecommunications

Relevant Teams

Legal

Finance

Compliance

Treasury

Accounts Payable

Risk Management

Commercial Operations

Procurement

Payment Operations

Relevant Roles

Chief Financial Officer

Finance Director

Payment Operations Manager

Legal Counsel

Compliance Officer

Treasury Manager

Accounts Payable Manager

Financial Controller

Risk Manager

Commercial Director

Payment Solutions Architect

Procurement Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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