1. |
About these conditions of use |
| 1.1 |
The meaning of words printed in bold (like this) are
explained at the end of this document.
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| 1.2 |
These are the current Conditions of Use for Superconnect.
They supersede any other Conditions of Use for Superconnect
you may have received to date.
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| 1.3 |
These Conditions of Use apply to Superconnect including use
of Superconnect to make superannuation contribution payments,
distribute these payments to superannuation funds and charge
fees where applicable. The General Conditions section
applies to use of Superconnect generally. The Specific
Conditions section contains additional provisions relating
specifically to payments made through Superconnect using the
Direct Debit facility.
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2. |
Acceptance
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| 2.1 |
You accept these Conditions of Use, on your own behalf and on
behalf of your business or company, if applicable, when you
select the "I Agree" button at the end of this document. In
doing so, You appoint Superconnect as your agent.
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3. |
Levels of access
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| 3.1 |
You acknowledge that:
| (a) |
each Authorised User nominated by you to have value
access can use Superconnect fully and, by using
Superconnect, can access, operate and transact on your
Linked Account in the same way that you can (subject
to (b));
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| (b) |
each Authorised User nominated by you to have access
to use Superconnect to access Make Payment contribution
and fee payments can perform transactions on your
Linked Account. Authorised Users with non-Make
Payment access cannot use Superconnect to perform
transactions on your Linked Account.
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| (c) |
all Authorised Users can use Superconnect to change
their own Password.
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| 3.2 |
You are responsible for any use of Superconnect by an Authorised
User within the access levels in clause 3.1, including all
transactions performed through Superconnect by any Authorised
User who has value access on your Linked Account, as if that
use were by you. You are also responsible for ensuring that
each Authorised User complies with all obligations and
responsibilities imposed on you under these Conditions of Use.
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| 3.3 |
You may request that Superconnect cancel or change the level of
access of an Authorised User at any time by notifying Superconnect.
This can be done by using email or by calling us on the contact
number noted below. Superconnect may require written confirmation
of any request.
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4. |
Access to Superconnect |
| 4.1 |
Superconnect agrees to make available to you access to Superconnect
in accordance with, and subject to, these terms and conditions.
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| 4.2 |
You agree that access will not be given to Superconnect:
| (a) |
unless a valid Login and valid Password
is entered as and when prompted by Superconnect; or
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| (b) |
if your registration has been suspended or cancelled under clause 13.
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| 4.3 |
When you first use Superconnect, you will be required
to select a new unique Password.
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| 4.4 |
You acknowledge that any person who supplies Superconnect with
your Login and Password will be allowed access to Superconnect,
and to each Linked Account. Your obligations concerning the security
of your Login and Password are found in clause 7.
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| 4.5 |
Superconnect does not represent or guarantee that access to
Superconnect will be uninterrupted. You acknowledge that outages,
faults or delays may affect Superconnect. Such outages, faults or
delays may be caused by factors including (but not limited to)
technical difficulties with or the performance or operation of
Superconnect's or another person's software, equipment or systems,
traffic or technical difficulties with the Internet, or
infrastructure failures. Superconnect takes no responsibility for
delays caused by interruption to Superconnect. In the event of any
extended interruption to Superconnect, you must take responsibility
to use alternate manual systems.
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5. |
How Superconnect can be used
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| 5.1 |
The list below sets out what you can do with Superconnect.
List of Functions within Superconnect
Employee Related Functions
- Register new members, nominate their preferred superannuation
fund and allocate contribution types
- Change/update employee details including contribution types and
amounts
- Terminate members for those employees leaving your employ
Employer Related Functions
- Create user Accounts for staff to access the service
- Change/update employer details
- Upload test payroll file for checking and creation of payroll
transfer profile
- Create contributions record either through payroll file interface
or Web form update
- Authorise and make payments in respect to created contribution
records
- Authorise and make payments in respect of any fees payable
to Superconnect
- Access up to two (2) years history records of past contribution
data on-line
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| 5.2 |
Superconnect may, at any time and without notice to you, add
or remove or make changes to Superconnect.
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6. |
Instructions to Superconnect
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| 6.1 |
Superconnect will issue a payment reference number to you
upon receiving instructions for a funds transfer transaction.
If a funds transfer is processed successfully by Superconnect,
we will issue a status update to you. The status will appear
on the contributions processing screen for your operation
within Superconnect.
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| 6.2 |
Superconnect may delay acting upon an instruction or may ask
you for further information before acting on the instruction
if, for example, there are insufficient cleared funds in the
relevant account, the instructions are not complete or for
security reasons. Superconnect takes no responsibility for
delays caused by these reasons.
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7. |
Security of your login and password
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| 7.1 |
Your Login and Password must be kept safe and secure. You
must not:
| (a) |
tell, show or otherwise disclose your Login or Password
to any other person;
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| (b) |
record your Login or Password in any way which would
allow anyone else to identify the record as your Login or
Password;
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| (c) |
permit any other person to use your Login or Password;
or
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| (d) |
select a Login or Password which is easily identifiable,
such as your birth date or street name.
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| 7.2 |
Superconnect must be notified immediately if a record of your
Login or Password is lost or stolen or you are aware or
suspect that another person knows or has used your Login or
Password. Superconnect will then cancel the Login or
Password and will arrange for you to select a new one.
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| 7.3 |
Superconnect may cancel a Login or Password at anytime
without notice to you if Superconnect believes that the Login
or Password is being misused or has been used to perform an
unauthorised transaction.
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| 7.4 |
Superconnect takes no responsibility for loss in any form where
unauthorised parties have used your Login and Password.
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8. |
Security of Superconnect
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| 8.1 |
Superconnect and its contractors will use such measures as it considers
reasonable to help ensure the security of Superconnect. Currently,
Superconnect employs a range of security measures, including:
| (a) |
firewalls; and
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| (b) |
data encryption (128 bit Secure Sockets Layer (SSL) protocol helps
provide a secure channel for your Internet transactions).
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Whilst virtually impossible to break into, Superconnect cannot
guarantee that any data transmission over the Internet is
totally secure.
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| 8.2 |
You are solely responsible for your own PC anti-virus and
security measures, and those of any Authorised User, to
help prevent unauthorised access via Superconnect to your
transactions and Linked Account.
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9. |
Your liability
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| 9.1 |
You are liable for any loss of funds or any interception of
information through any unauthorised access to your Linked
Account(s) if you or an Authorised User contributed to the
unauthorised access by:
| (a) |
disclosing, either directly or indirectly, a Login or Password
to another person;
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| (b) |
enabling a Login or Password to be identified by another
person because either record was kept without a reasonable attempt
being made to disguise it or you selected a Login or Password
which is easily identifiable;
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| (c) |
failing to log off the service and/or to close the browser window
(if necessary), and this enabled a third party to access your Linked
Account(s) or any information about you; or
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| (d) |
failing to notify Superconnect as soon as becoming aware a Login
or Password was known by another person.
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| 9.2 |
You will be liable for, and you indemnify Superconnect against, any
loss, liability or damage which Superconnect has suffered or may suffer
because you or an Authorised User did not observe obligations under
these Conditions of Use or acted negligently or fraudulently when using
Superconnect.
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| 9.3 |
You are not liable for any losses:
| (a) |
that are caused by the fraudulent or negligent conduct of Superconnect
or Superconnect's employees or agents;
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| (b) |
resulting from any unauthorised use of a Login or Password
which took place:
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| (c) |
before you received a Customer Registration Number and
Login; or
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| (d) |
after Superconnect has been notified that the Login or
Password has been lost or stolen or used by another person
without authorisation, but before that Login or Password
has been reissued or reset, or access to your Account suspended
(whichever occurs first).
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10. |
Superconnect's liability
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| 10.1 |
To the extent permitted by law, Superconnect will not be responsible
for any loss or damage (including consequential loss, loss of profits or
damage) suffered by you in relation to the use of or the inability
to use Superconnect, including, but not limited to:
| (a) |
failure of Superconnect caused by the hardware or software used
by you to access Superconnect or by a third party (such as your
internet service provider);
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| (b) |
Superconnect acting in accordance with any complete payment
instructions given by you;
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| (c) |
Superconnect not acting in accordance with any payment instruction
where incomplete instructions are given, there are insufficient available
funds in the relevant Linked Account and/or your access has
been suspended or terminated;
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| (d) |
any reliance by you on information obtained through use of Superconnect;
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| (e) |
any delays or errors by third parties, including other financial
institutions;
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| (f) |
any delay or failure by Superconnect to perform its obligations
pursuant to these Conditions of Use if such delay is due to a Force
Majeure.
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| 10.2 |
Clause 10.1 does not apply to any loss or damage which is attributable to:
| (a) |
the negligence or wilful default of Superconnect;
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| (b) |
a breach of a condition or warranty implied at law in contracts for
the supply of goods and services which may not be excluded, restricted
or modified or only to a limited extent.
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11. |
Fees and charges |
| 11.1 |
If you use Superconnect to effect a transaction, you may incur
a fee and/or a government charge on the Linked Account being accessed.
Superconnect charges an one off establishment fee, upon Employer registration, of $49.50.
Superconnect may also charge a Set Up Fee, for mapping your payroll system to Superconnect, of $49.50.
Superconnect's ongoing charge to the employer is $0.46 per employee, per fund, per line item.
These fees are inclusive of Goods and Services Tax (GST).
Superconnect reserves the right to increase these charge, but will not do so without
providing you with at least 30 days written notice.
Superconnect may also charge a fee for service if the Employer requests a special job requirement. This would be agreed to upon commencement of such a job request.
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12. |
Changes to these Conditions of Use |
| 12.1 |
Superconnect reserves the right to change these Conditions of Use and
any other information which it has issued about Superconnect. If
Superconnect introduces a new fee or charge, you will be provided
with at least 30 days written notice of that change. Where permitted by
law, this notice can be sent to you by email or other electronic means
of communication. Notice of any other changes will be given to you by placing
notice of the change, or revised Conditions of Use, on the Superconnect
website, by press advertisement, by email or other electronic means of
communication or otherwise in writing no later than the day the change
takes place. If we require you to re-accept any changed or revised conditions
of use, you must accept these changed or revised conditions of use in order
to continue using Superconnect.
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13. |
Termination and suspension |
| 13.1 |
You may end your use of Superconnect at any time by giving written
notice to Superconnect. If you want your Authorised User's use
of Superconnect terminated, you will need to specifically advise us
of this in writing.
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| 13.2 |
Superconnect may terminate the service at any time by notifying you
by email or other electronic means of communication. Superconnect may
withdraw or deny access to Superconnect without prior notice to you
for reasons of security or quality of the service.
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| 13.3 |
Superconnect may, at any time, suspend your right to participate in
the electronic processing of superannuation transactions through use of
Superconnect. Superconnect will not do this without good reason,
which could include:
| (a) |
Superconnect suspecting you of being fraudulent;
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| (b) |
Superconnect suspecting that a third party has fraudulently used
or attempted to use Superconnect with your Password
or Login; or
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| (c) |
you engaging in inappropriate behaviour.
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14. |
Account records |
| 14.1 |
You should check your Account records carefully and promptly.
If you believe there has been a mistake in any transaction using
Superconnect, or an unauthorised transaction, you must notify
Superconnect immediately. You can do this by calling Superconnect
on the contact number noted below. Superconnect may require you
to provide written confirmation or further details of the mistake or the
unauthorised transaction, which you agree to provide. You
acknowledge that delay in notifying Superconnect may result in the
issue being more difficult to rectify.
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15. |
Problem resolution |
| 15.1 |
If you have a concern or payment query please contact Superconnect
on the contact number noted below between 8am and 5pm Monday - Friday. (AEST)
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16. |
Notice |
| 16.1 |
Superconnect will provide you with general descriptive information
concerning superannuation procedures, the identification requirements under
the Financial Transaction Reports Act and the options available to you
under the Tax File Number legislation on request.
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| 16.2 |
If and when permitted by law and any relevant codes, written notice may
be delivered by or to you by email or other electronic messaging
system and not on paper.
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17. |
Cleared Funds |
| 17.1 |
The Australian Taxation Office has announced that a failure by a clearing
house (such as Superconnect) to forward contributions to the superannuation
fund by the required date for the quarter under the Superannuation Guarantee
(Administration) Act 1992 will result in a failure by the employer to make
that contribution by the required date. Monies debited from the Linked
Account are deemed to be cleared to the Default Fund on the fourth
Banking Business Day following the debit date. You should ensure that appropriate
time is allowed for the clearing of monies to met these legislative
contribution deadlines.
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| 17.2 |
If you have done all that is necessary to ensure the monies are
available in the Linked Account to enable the above time-lines to
be met and Superconnect fails through its own fault to ensure the
monies are cleared to the relevant fund within the above times, then
Superconnect is responsible for the consequences of this error or omission.
(you must therefore ensure that if you are paying non default-fund
monies into Superconnect, that these are received by Superconnect
at least 10 days prior to your Superannuation Guarantee (Administration)
Act 1992 obligations)
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18. |
Default fund contact details |
| 18.1 |
To use the Superconnect service, you must have nominated a
Default Fund for the purposes
of satisfying the Choice legislation.
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19. |
Definitions
Superconnect refers to EC-Pay trading as Superconnect.
Authorised User refers to any third party authorised by you
to use Superconnect and access your Linked Account to make
superannuation contributions or pay any fees incurred.
Banking Business Day refers to any day on which banks in Sydney are
able to effect settlement through the Reserve Bank of Australia.
Force Majeure means:
| (a) |
any act of God;
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| (b) |
war, revolution, or any other unlawful act against public order or authority;
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| (c) |
an industrial dispute;
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| (d) |
a governmental restraint; or
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| (e) |
any other event or cause which is not within the reasonable control of Superconnect or you;
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Linked or Linked Account means the account which you
have nominated to be accessed by use of Superconnect.
Login means the code issued by Superconnect to you which
allows you to select a Password to use Superconnect.
Password means a password comprising between 6 and 16 letters
and digits to access Superconnect.
You means any person issued with a Customer Registration Number who
registers to use Superconnect (whether as an Authorised User
or an account holder).
Default Fund - The superannuation fund to which the employer will
make its employees' superannuation guarantee contributions if the employee
does not nominate a chosen fund to which the superannuation guarantee
contributions can be made.
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