Terms and Conditions
TERMS AND CONDITIONS OF USE
Last updated 7 May 2024
1 INTRODUCTION
1.1 For the purposes of these Terms and Conditions of Use (“Terms”) the words “MyOneBill”, “we”, “our” and “us” refer to My One Bill Pty Ltd (ABN 64 666 552 763). We offer a bill smoothing solution that allows you to manage, estimate, and pay your various bills (“Services”) via the website located at the domain name https://myonebill.com.au and the mobile application MyOneBill (collectively the “Platform”).
1.2 These Terms form the basis of your MyOneBill account (“Account”) and should be read carefully by the users of the Platform (“you”, “your”) prior to accessing or using Services made available through the Platform.
1.3 By registering for, accessing, or using our Services, you acknowledge that you have read, understood, and agreed to these Terms. If you do not agree to these Terms, you should deactivate your Account and discontinue use of any Services provided by MyOneBill immediately.
1.4 We reserve the right to amend, modify, add to or delete any of these Terms from time to time, and such modifications shall be effective immediately upon posting of the modified terms on the Platform.
2 HOW TO SIGN UP FOR A MYONEBILL ACCOUNT
2.1 Account Creation: To utilise our Services, you must create a MyOneBill Account. You are required to provide accurate, current, and complete information during this registration process. The information must be always up to date to ensure effective communication and uninterrupted service.
2.2 Eligibility Requirements: Our Services are available to individuals who are at least 18 years of age. By signing up for an Account, you affirm that you meet this age requirement.
2.3 Security & Account Integrity: You are solely responsible for maintaining the confidentiality and security of your Account credentials, including but not limited to your user IDs, passwords, personal identification numbers, one-time passwords, and any other security codes associated with your Account access. MyOneBill commits to implementing reasonable security measures to protect the privacy and integrity of your personal information and Account data.
3 ESTIMATING YOUR MyOneBill AMOUNTS
3.1 MyOneBill Estimate: To begin using our Services, you are required to estimate your upcoming bills (“Bill Estimate”) using the MyOneBill Estimate form available on our Platform. This process involves creating a “Bill Group” for each category of your bills such as telephone bill group, insurance bill group etc. Within each Bill Group, you must enter details such as the bill name, your respective bill amounts, billing periods, next billing dates, and the estimated total payable per billing period for the bills in that Bill Group.
3.2 Summary & Authorization: Upon completing your Bill Estimate, we will provide you with a summary document detailing the estimated amounts and billing information you provided. This document requires your authorisation as it outlines the total amount you will need to pay each month to cover all your bills as estimated (“Direct Debit Amount”).
4 PAYMENT PLANNING & ADJUSTMENTS
4.1 Direct Debit Setup:
(a) Upon receiving your authorisation, MyOneBill will initiate the setup of a direct debit arrangement to facilitate the payment of your bills through our Platform. Direct debit arrangements include traditional bank direct debit, as well as other facilities which allow MyOneBill to receive automated payments from your bank account, including but not limited to third party services such as PayTo (“Direct Debit”) which MyOneBill may elect to use at its sole discretion.
(b) Direct Debit will be implemented in accordance with the bank account details you provide during your account setup or subsequently updated in your account settings.
(c) You will be notified of any requirement to use any third party Direct Debit facilities at the time of setting up the Direct Debit, or upon MyOneBill implementing any changes to the Direct Debit facilities.
(d) You acknowledge that MyOneBill cannot provide its Services unless you authorise MyOneBill to Direct Debit the Direct Debit Amount and any other charges (such as but not limited to top-up and supplementary charges). MyOneBill reserves the right to immediately suspend or terminate the Services if you refuse any Direct Debit authorisation request.
4.2 Shortfall Factor: To account for any potential underestimation of non-monthly bills, an additional shortfall factor will be applied to these bills during the Bill Estimate process. This helps ensure that sufficient funds are available to cover your expenses throughout the period.
4.3 Annual Revision: At the end of each calendar year, we will revise your Bill Estimate based on the actual bills received during the year. The shortfall factor previously applied will also be adjusted to better align with the actual expenses incurred, ensuring a more accurate estimation for the subsequent year.
4.4 Inflation Adjustment: Each year when recalculating the Bill Estimate, we will apply an inflation factor to account for expected increases in bill amounts due to inflation or other relevant economic factors. This adjustment helps in maintaining realistic estimate of your future bill amounts, ensuring that your MyOneBill Amount remains sufficient to cover projected costs.
4.5 Choosing a Payment Schedule: You have the flexibility to select the start date and the frequency of your Direct Debit payments. The available options for payment frequency are weekly, fortnightly, monthly, or annually. Your choice determines how often funds will be automatically withdrawn from your designated bank account to cover your estimated bill payments as per the MyOneBill Amount.
4.6 Responsibilities & Obligations: It is your responsibility to ensure that;
(a) The bank account details provided are accurate and the account is valid, and has sufficient funds to cover the Direct Debit Amount as scheduled;
(b) You notify MyOneBill immediately of any changes to your bank account information or if you wish to cancel the Direct Debit authorisation.
4.7 Changes & Cancellations: You may change the frequency or the start date of your Direct Debit payments by accessing your account settings on the Platform. Any changes must be made at least 7 days before the next scheduled payment to ensure effective processing.
4.8Addition of Bill Groups: You may add new Bill Groups to your Bill Estimate at any time through the user interface provided on the Platform. When you add a new Bill Group, this will initiate a recalculation of your estimated monthly payment amount which will be notified to you via the Platform. By adding a Bill Group, you acknowledge and agree to the immediate application of the appropriate shortfall factors as described in Clause 4.2. above.
4.9 Removal of Bill Groups: You may remove any existing Bill Group from your Bill Estimate. The removal of a Bill Group will result in a decrease in your Direct Debit Amount, reflecting the reduced number of bills you are managing through our service. The updated Direct Debit Amount will be recalculated immediately and notified to you via the Platform. By removing a Bill Group, you acknowledge and agree to the immediate application of the appropriate shortfall factors as described in Clause 4.2. above.
4.10 Liability: MyOneBill will not be liable for any charges or fees incurred due to insufficient funds, overdrafts or other financial charges imposed by your bank related to the Direct Debit transactions. It is your responsibility to manage and oversee your account funds to prevent such occurrences.
4.11 Supplementary Charge: Upon or soon after creating your Account, if you create a new Bill Group whose amount exceeds a threshold set by the Platform’s algorithms, which would result in your Account falling into deficit within the first 12 months of creating the Account, MyOneBill may charge a Supplementary Charge and payment of that bill will be subject to MyOneBill receiving payment of the Supplementary Charge via Direct Debit. You will be notified of any applicable Supplementary Charge in advance via the Platform.
5 REQUIREMENTS FOR UPLOADING BILLS
5.1 Eligibility for Uploading Bills: You are required to upload bills to your Account for those expenses for which you have already created a corresponding Bill Group. Bills, invoices or contracts are required to be uploaded to the Platform via the upload feature. Bills also may be auto-forwarded or manually forwarded to invoices@myonebill.com.au or any other designated email provided by MyOneBill.
5.2 Clarity & Legibility: All bills uploaded to the Platform must be clear and legible. This is essential to ensure that all details can be accurately verified and processed by our systems. Unclear or illegible bills may delay processing and could lead to errors in your bill payments.
5.3 Submission Deadline: To ensure timely processing and payment, all bills must be submitted to the Platform at least 5 days prior to their respective due dates. However, if your bill includes discounts for early payment or payment by a specific date, MyOneBill will endeavour to pay such bill to maximize your savings, provided that your approval to pay the bill has been granted in a timely manner.
5.4 Expedited Payments through Partnerships: In instances where MyOneBill has established partnerships with specific billing providers, we may process payments for relevant bills ahead of their scheduled dates if we have already received your approval to do so.
5.5 Tracking for Tax Purposes: You have the option to indicate whether a particular Bill Group should be tracked for tax purposes at the time of adding a Bill Group. Please select the appropriate option if you require documentation or summaries of these tax bills for filing or other purposes. It is your responsibility to ensure that this information is accurately provided to facilitate correct reporting and documentation.
5.6 Display of Payment Method: All uploaded bills must clearly display a method of payment. Acceptable methods include, but are not limited to, BPAY, or Electronic Fund Transfer. Bills that do not clearly display a method of payment may not be processed for payment until the required information is provided and verified.
5.7 Australian Bills Only: The Platform cannot be used to pay bills for which the payee account is not an Australian account.
6 SHARED TRUST ACCOUNTS
6.1 Account Type Selection: Upon creating your Account, you have the option to select between a Standard Account (non-shared) and a Shared Trust Account. Both types of accounts offer access to our Services, tailored to meet different user preferences and financial management needs.
6.2 Opting into a Shared Trust Account: If you initially set up a Standard Account, you retain the flexibility to switch to a Shared Trust Account at any time. Shared Trust Accounts are designed to foster a community-based approach to financial management and has following features:
(a) Negative Balance Allowance: Users of Shared Trust Accounts can utilise up to 50% of their monthly Direct Debit Amount in the negative. This feature is intended to provide a buffer in times of unexpected shortfalls in your Account.
(b) Mutual Aid: You may receive or contribute funds to cover other users’ shortfalls under specific conditions. This communal support system helps ensure that all members within the Shared Trust can manage their bills efficiently, even when facing personal financial strain.
7 PAYMENT OF BILLS
7.1 Payment Initiation: Bills will only be paid upon the successful completion of your Bill Estimate and after your first Direct Debit Amount has been remitted to your Account. This ensures that your funds are appropriately allocated for the payment of your bills as estimated.
7.2 Criteria for Bill Payment: To qualify for payment, the following criteria must be met;
(a) Account Balance – Your Account must maintain a positive balance. The balance should not fall below $0, with the exception of those participating in the Shared Trust Account programme.
(b) Bill Group Correspondence – The bill must correspond to a Bill Group that has been previously identified and set up within your Account.
(c) Approval for Payment – Bills uploaded via the Platform are considered approved for payment unless stated otherwise. Bills received through email require your explicit approval, or if the bill matches an existing Bill Group, or can be set to auto-approve based on your settings.
(d) Expenditure Threshold – The actual bill amount must not exceed 20% more than the related Bill Estimate. Bills that exceed this threshold may require additional approval and a potential top-up of your Account to cover the extra cost subject to a one (1) month waiting period to allow time for Account adjustments.
7.3 Shared Trust Account Conditions: If you are a user of a Shared Trust Account and a bill exceeds the threshold of 50% more than your monthly Direct Debit in the negative, MyOneBill may approve the payment. However, if not approved, you will be requested to top-up your Account before the bill can be processed.
7.4 Manual Matching Requirement: Bills that cannot be readily matched with an existing Bill Group will require your manual intervention for matching before they can be processed for payment.
8 TOP-UPS AND WITHDRAWALS
8.1 Account Top Up Requirements: To maintain the functionality and effectiveness of the Account, it may be necessary to top up your account balance. This requirement arises if the funds currently available in your Account is insufficient to cover all your upcoming bills. You will be notified when a top up is required. Failure to adequately top up your Account may lead to an inability to process payments for your bills.
8.2 Conditions for Withdrawal of Excess Funds: Occasionally, the total annual sum of your bills may be less than what was projected in your annual Bill Estimate, resulting in excess funds accumulating in your Account. In such cases, you may request to withdraw these excess funds. However, all withdrawals are subject to MyOneBill’s approval process to confirm the actual surplus.
9 SERVICE FEES
For access to and use of the Platform and its Services, a service fee plus applicable Goods and Services tax (GST) will be charged. The amount of the service fee will be specified on the Platform and updated from time to time. This fee is payable monthly and is due at the beginning of each billing cycle. The service fee will be automatically debited from your Account.
10 TERMINATION AND CLOSING YOUR ACCOUNT
10.1 Voluntary Termination: Subject to clause 10.2., you may terminate your agreement with MyOneBill at any time without cost. To do so, please notify us in writing through your Account or via our designated customer support email.
10.2 Restrictions on Termination of Shared Trust Accounts: If you are user of a Shared Trust Account, you may not terminate your agreement while your balance is negative. To settle your account, a final Direct Debit Amount will be charged to bring your balance back to $0.
10.3 Fees for Returning Bills: Sending bills that are currently held within your Account to external parties such as vendors, suppliers or clients will incur a fee of $1 per bill.
10.4 Refund of any Excess Funds: Upon termination of your agreement, any excess funds remaining in your Account will be refunded to you within 5 business days after the last approved bill is processed and scheduled for payment.
11 RESTRICTED ACTIVITIES AND HOLDS
11.1 Restricted Activities: In connection with your use of our Platform, your Account, the Services, or in the course of your interactions with us, other customers, or third parties, you must not:
(a) breach these Terms, or any other agreement between you and us;
(b) violate any law, statute, ordinance, or regulation (for example, those governing financial services or anti money-laundering and counter terrorism-financing);
(c) intentionally or negligently infringe ours or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
(d) act in a manner that is defamatory, trade libellous, threatening or harassing;
(e) provide false, inaccurate or misleading information;
(f) send or receive what we reasonably believe to be potentially fraudulent funds;
(g) refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
(h) control an account that is linked to another account that has engaged in any of these restricted activities;
(i) take any action that imposes an unreasonable or disproportionately large load on our websites, software, systems (including any networks and servers used to provide any of our Services) operated by us or on our behalf or our Services;
(j) facilitate any viruses, trojan horses, malware, worms or other computer programming routines that attempts to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate, or gain unauthorised access to any system, data, information or Services;
(k) use any robot, spider, other automatic device, or manual process to monitor or copy our websites without our prior written permission;
(l) interfere or disrupt or attempt to interfere with or disrupt our websites, software, systems (including any networks and servers used to provide any of our Services) operated by us or on our behalf, any of our services or other users’ use of any of our Services;
(m) take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers or service providers;
(n) use our Services to test credit card behaviours; and
(o) circumvent any MyOneBill policy or determinations about your Account such as temporary or indefinite suspensions or other account holds, limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to create new or additional Account(s) when an account has a negative balance or has been restricted, suspended or otherwise limited; opening new or additional accounts using information that is not your own (e.g. name, address, email address, etc.); or using someone else’s account.
11.2 Actions We May Take if You Engage in Any Restricted Activities
(a) If we believe that you’ve engaged in any of these activities, we may take a number of actions to protect us, our customers and others at any time in our sole discretion acting reasonably. The actions we may take include, but are not limited to the following:
(i) limit your Account, and/or close or suspend your Account immediately and without penalty to us;
(ii) refuse to provide our Services to you in the future;
(iii) limit your access to our websites, software, systems (including any networks and servers used to provide any of our Services) operated by us or on our behalf, your Account or any of our Services, including limiting your ability to pay or send money with any of the payment methods linked to your Account, restricting your ability to send money or make withdrawals;
(iv) update any inaccurate information you provided us; and
(v) take legal action against you.
(b) If we close your Account or terminate your use of our Platform and Services for any reason, we’ll provide you with notice of our actions and refund any unrestricted funds held in your Account.
(c) You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by us, any of our customers, or a third party caused by or arising out of your breach of these Terms, and/or your use of our Services.
(d) We may refuse to process a payment if we believe there is a risk associated with it or if it breaches any law or regulation. For example, we may refuse to process a payment:
(e) sent to a person or country sanctioned by the United Nations or Australian government; or
(f) where we believe there is a legal or regulatory risk or a risk of loss being suffered by us or our users.
12 PRIVACY
We comply with the Australian Privacy Principles and only collect personal information and data that you provide to us. You agree and consent to us collecting, using and sharing your personal information and data for the purposes and manner set out in our Privacy Policy accessible at https://myonebill.com.au/privacy-policy/.
13 INTELLECTUAL PROPERTY
All the material displayed on or available on our Platform, including content, data, information, tables, reports, articles, tools, text, designs, graphics, layouts, names, logos, email communications, and all the underlying source code and software, is owned or used under license by us, and is protected by copyright, trademark and other intellectual property laws. You agree not to infringe any intellectual property rights owned by MyOneBill. All of MyOneBill’s rights in this regard are reserved.
14 LICENSE TO USE OUR PLATFORM
14.1 MyOneBill grants you a non-exclusive, revocable, non-transferable license to use our Platform on a server controlled by us, for the sole purpose of obtaining our Services.
14.2 When you use the Platform, you may cause our software to send a request to third party providers for information regarding products and/or services. You acknowledge and agree that when you access and collect information from the third-party sites using our software, you do so on your own behalf and that you have not appointed us to act as your agent. We simply make our Platform and Services available to you by which you may access such third-party sites.
14.3 You may not copy or reproduce the underlying source code or any part of the software either in full or in part, nor attempt to in any way modify, copy, reproduce, republic, upload, post, transmit, distribute, reverse engineer or decompile in any way any material from the Platform including the source code.
15 INDEMNITY
15.1 You hereby agree to fully indemnify and hold harmless MyOneBill and our directors, officers, employees and agents from and against any claim brought by a third party resulting from the use of the Platform in respect of all losses, costs, actions, proceedings, claims, damages, expenses, including legal costs and expenses or liabilities whatsoever, suffered or incurred directly or indirectly by us in consequence of such use of the Platform or your breach or non-observance of these Terms.
15.2 You shall defend and pay all costs, damages, awards fees, including legal fees and judgments awarded against us arising from or out of the above claims, and shall provide us with notice of such claims, and reasonable assistance necessary to defend such claims at your sole expense.
16 OUR LIABILITY
16.1 Without affecting any of your statutory rights that cannot be lawfully excluded, MyOneBill, our officers, employees, agents and contractors will not be liable in any way to you or anyone else for any losses, damages, liability, claims, expenses, loss of income, profits, or anticipated savings or loss of opportunity (irrespective of whether direct, indirect, secondary or consequential), however it arises (whether in contract, tort including negligence, under statute or otherwise), arising from your use of or in connection with your use of the Platform and Services, even if we have been advised of the possibility of such damages. This includes any products or services obtained from third parties after your use of our Platform.
16.2 Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by You to us for our services during the term of your use of the Platform and Services.
17 DISPUTE RESOLUTION
You must not start arbitration or court proceedings (except proceedings seeking interlocutory relief) about a dispute arising out of this Agreement (“Dispute”) unless you have complied with this clause. A party claiming that a Dispute has arisen must notify the other party in writing giving details of the Dispute (“Notification”) setting out a full description of the matters in dispute. On receipt of a Notification each party must negotiate in good faith to resolve the Dispute and, if necessary to resolve the Dispute, involve senior officers of the parties directly in those negotiations. If the Dispute is not resolved under this clause within 30 days (or longer period as agreed between the parties), the parties must refer the Dispute for mediation. If the Dispute is not resolved under this clause within 30 days after referral (or longer period agreed between the parties) either party may initiate proceedings in a court.
18 GENERAL
18.1 Assignment and transfer: We may assign or transfer our rights and obligations under the Agreement to another entity but we will always notify you by posting on this Website or via email if this happens. You must not assign or transfer your rights or your obligations under the Agreement to any third party.
18.2 Variations and Modifications: We reserve the right to make changes and modifications to our Platform, policies and these Terms at any time.
18.3 Severance: Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
18.4 Governing law and jurisdiction: These Terms are governed by the laws of the state of Victoria in Australia, and each party submits to the exclusive jurisdiction of the courts of Victoria.