YMCA Client Service Agreement
1. INTRODUCTION This document outlines the rights and responsibilities that you have with regard to the authority of North Melbourne Community Centre to directly debit your nominated bank account or credit card for any instalments or fees due by you under the terms and conditions of the Contract and DDR Service Agreement, the terms of which are stated below. Should you have queries regarding your Contract or this DDR form you should in the first instance contact North Melbourne Community Centre on phone 9320 4700.
2. PARTIES TO CONTRACT The “Centre” means the organisation providing the service for which the Customer is paying. The “Customer” means you: the person or party signing this Contract. “North Melbourne Community Centre” is North Melbourne Community Centre, 49-53 Buncle Street, North Melbourne, Victoria 3051, Phone 9320 4700. Email firstname.lastname@example.org. All communication relating to this contract is to be sent directly to North Melbourne Community Centre. The customer acknowledges that North Melbourne Community Centre has been contracted by the Centre to collect the instalments due under the contract, and also acknowledges that all rights of the Centre pursuant to this contract are able to be enforced by North Melbourne Community Centre as if it were the Centre without any involvement on the part of the Centre or the consent of the Customer.
3. PAYMENTS North Melbourne Community Centre will debit your nominated account for the amount and frequency of payments in advance as agreed on the YMCA DDR Contract signed and accepted by you, or any later amendment to the amount and frequency of payment that is accepted by you. If the nominated day of your debit falls on a public holiday or weekend, North Melbourne Community Centre will debit your account on the next business day. It is your responsibility to have clear funds in your account on the due date of the direct debit. By signing this Contract you are agreeing to pay the instalment amount at the agreed payment frequency until this Contract is terminated in accordance with clause 7 below. Should there be any arrears in payments North Melbourne Community Centre will be authorised to debit the outstanding balance in order to bring your account up to date. It is your responsibility to advise us if the account nominated by you to receive the Victorian YMCA Direct Debit drawings is transferred or closed. It is your responsibility to arrange with us a suitable alternate payment method if you wish to cancel the Victorian YMCA Direct Debit drawing.
5a. SUSPENSION OF MEMBERSHIPS (excluding Program Memberships) Memberships may be suspended (deferred) for a minimum of two weeks and a maximum of 26 weeks at a time by completing a amendment form in writing at the Centre. This request must be lodged a minimum of three business days prior to the start date of suspension and the first proposed reduced payment date. The first 4 weeks of suspension per calendar year are free after which suspension will be charged at $0.33c per day. All medical suspensions are free of charge upon presentation of a valid medical certificate that covers all requested dates of suspension. Medical suspensions can only be backdated for one month.
5b. SUSPENSION OF MINIMUM TERM MEMBERSHIPS Minimum term memberships can be suspended as per clause 5A however the suspension time will extend the minimum term accordingly. For memberships outside of minimum term, clause 5A will apply.
6. SUSPENSION FOR PROGRAMS MEMBERSHIPS Programs members are not able to suspend willingly between the months of February to December; during these months such memberships may be placed on suspension for medical reasons only by completing a Membership/ Program Amendment form at the Centre. A valid medical certificate that covers all the requested dates of suspension must presented at the time of lodgement. Medical suspensions can only be backdated for one month.
7. CANCELLATION The Customer may terminate this Contract by completing a Cancellation Request form at the centre before the expiry of the minimum term or if all the instalments and fees due up to the date of termination are paid, and in addition the cancellation fee as specified on the front of this Contract is paid to North Melbourne Community Centre. Once the cancellation fee or the balance of the minimum term has been paid the contract ceases. After the expiry of the minimum term or payments, and after all instalments and fees due have been paid in full, should the box on the front of this Contract requesting termination at minimum term be marked then this Contract shall automatically terminate. Should the box on the front of this Contract requesting termination after the minimum term not be marked, then the Contract shall continue indefinitely until such time as the Customer requests North Melbourne Community Centre, in writing after the expiry of the minimum term, terminate the agreement. There will be a period of notice of 14 days unless otherwise specified by North Melbourne Community Centre between the date of request and the date of actual termination during which any payments due must still be paid in full.
8. DISHONORED PAYMENTS Should your payment be dishonoured, North Melbourne Community Centre will attempt to contact you by telephone or by mail sent to your last known address. We will debit you an additional administration fee of $15 with your next payment and, if we have not received instructions to the contrary from you, debit both the current due payment and the now overdue payment(s) on the same day. In the event of payments being dishonoured on two consecutive occasions North Melbourne Community Centre reserves the right to terminate your Contract. North Melbourne Community Centre may additionally charge any other fees incurred by us in collecting an outstanding balance.
9. ADDITIONAL RESPONSIBILITIES Direct Debit, through BECS, is not available on all accounts. You are advised to check with you financial institution their account details before completing the DDR. You are responsible for ensuring that your nominated bank account or credit card is able to accept direct debits. If it is not, it is your responsibility to provide North Melbourne Community Centre with a new bank account or credit card number. It is your responsibility to ensure that the authorisation given to draw on the nominated
account is identical to the account signing instruction held by the Financial Institution where the account is based. You are responsible to notify North Melbourne Community Centre of any changes to your debit details or contact details by completing a Customer Request form advising your requirements no less than 3 business days prior to the due date or contacting North Melbourne Community Centre at Email email@example.com The member/addressee is responsible for forwarding all correspondence to the bank account or credit card holder.
10. INCREASE IN FEES AND CHANGE OF TERMS North Melbourne Community Centre may at any time upon sending written correspondence or a Centre newsletter to your last known address and giving 30 days notice, increase the installment amount. In the event that other terms are to change, we will upon sending written correspondence or a Centre newsletter to your last known address, give you at least 14 days notice of these changes including, but not limited to, new frequency and debit date schedule. If you have any questions on any proposed changes, please contact North Melbourne Community Centre.
11. DISPUTES All disputes regarding a direct debit payment should be referred to North Melbourne Community Centre, by telephone 9320 4700, Email firstname.lastname@example.org or mailed to North Melbourne Community Centre, 49-53 Buncle Street, North Melbourne, Victoria 3051 or via your nominated Financial Institution.
12. ENTITLEMENT Provision of services provided by the Centre may change and for the purposes of this Contract is based on “entitlement” to use and not on actual use. By signing this agreement you are agreeing to be bound by the rules and conditions of the Centre. The Management at North Melbourne Community Centre reserves the right to cancel the rights of any member not complying with the conditions of membership or rules of the Centre at any time.
13. PROVISION OF SERVICE Change of location or ownership or the name of the Centre does not absolve you of your responsibilities under the terms and conditions of this Contract.
14. CREDIT/DEBT REPORTING AGENCIES North Melbourne Community Centre will be authorised to notify any debt collection/credit-reporting agency upon default by you in regard to any obligation under this Contract. Should this occur then at North Melbourne Community Centre’s sole discretion, it may terminate your contract at which time the full outstanding balance for the remainder of the minimum term or payments including any current arrears shall be due immediately in full. In addition North Melbourne Community Centre shall add $30 to the outstanding debt as its fee for dealing with the defaulting member. North Melbourne Community Centre is further authorised to add any
further amount to the outstanding debt that might be reasonably incurred by them in collecting the outstanding debt. This further amount shall include the fees of the agency to which the account is referred.
15. ENTIRE AGREEMENT This Contract and DDR Service Agreement constitute the entire agreement, understanding and arrangement (express and implied) between you, the Customer, North Melbourne Community Centre relating to the subject matter of this Contract and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral.
17. LIABILITY To the extent permitted by law, North Melbourne Community Centre and the City of Melbourne shall not be liable or responsible to you for any direct, indirect or consequential injury, loss or damage whatsoever and however arising. North Melbourne Community Centre and the City of Melbourne are not responsible for lost or stolen items or damage to property or vehicles. Acknowledging this risk, you agree to use the Centre at your own risk.