Pre-Authorized Payment Plan
Terms and Conditions - Pre-Authorized Payment Plan VitalAire Canada Inc.
1) I/We acknowledge that the Authorization is provided for the benefit of the Payee and the Processing Institution and is provided in consideration of the Processing Institution agreeing to process debits against my/our account, as listed above (the “Account”) in accordance with the Rules of Payments Canada.
2) I/We warrant and guarantee that all persons whose signatures are required to authorize withdrawals from the Account have signed the Authorization below.
3) I/We hereby authorize the Payee to issue Pre-Authorized Debits (as defined in Payments Canada (“PC”) Rule H1) (the “PAD/PAP”) drawn on the account, for respiratory services.
4) I/We may cancel the Authorization at any time upon providing a 30-day written notice to the Payee.
5) I/We acknowledge that provision and delivery of the Authorization to the Payee constitutes delivery by me/us to the Processing Institution . Any delivery of the Authorization to the Payee,regardless of the method of delivery, constitutes delivery by me/us. I/We have certain recourse rights if any debit does not comply with this agreement. For example, I/We have the right to receive reimbursement for any debit that is not authorized or is not consistent with this PAD Agreement. To obtain more information on my recourse rights, I/We may contact my financial institution or visit http://www.payments.ca
6) The Payee will provide to me/us, at the address provided in section 1:
a) with respect to fixed amount PAD/PAP’s, written notice of the amount to be debited (the “Payment Amount”) and the date(s) on which the Payment Amount debited will be posted to my/our Account (the “Payment Date”), at least 10 calendar days before the Payment Date of the first PAD/PAP, and such notice shall be provided every time there is a change in the Payment Amount or the Payment Date(s) unless such notice has been waived in accordance with PC Rule H1; and
b) with respect to variable amountPAD/PAPs, written notice of the Payment amount and the Payment Date(s), at least 10 calendar days before the Payment Date of every PAD/PAP unless such notice has been waived in accordance with PC Rule H1.
7) I/We acknowledge that the Processing institution is not required to verify that a PAD/PAP has been issued in accordance with the particulars of the Authorization including, but not limited to, the amount, or that any purpose of payment for which the PAD/ PAP was issued has been fulfilled by the Payee as a condition to honouring a PAD/PAP issued or caused to be issued by the Payee on the Account.
8) Revocation of the Authorization does not terminate any contract for goods or services that exists between me/us and the Payee. The Authorization applies only to the method of payment and does not otherwise have any bearing on the contract for goods or services exchanged.
9) I/We may dispute a PAD/PAP only under the following conditions:
i) the PAD/PAP was not drawn in accordance with the Authorization;
ii) the Authorization was revoked; or
iii) pre-notification, as required under subsection 10 a) or b) was not received and such pre-notification was not waived in accordance with subsection 10 d).
Section 10 a-d available upon request.
I/We acknowledge that in order to be reimbursed declaration to the effect that either (i), (ii) or (iii) took place, must be completed and presented to the branch of the Processing Institution holding the Account up to and including 90 calendar days after the date on which the PAD/PAP in dispute was posted to the Account.
I/We acknowledge that when disputing any PAD/PAP beyond the time allowed in this section it is a matter to be resolved solely between me/us and the Payee, outside the payments system.
10) I/We agree that the information contained in the Authorization may be disclosed to HSBC as required to complete any PAD/PAP transaction.
The following pre-notification requirements apply to all Business or Personal PADs recurring at Set Intervals, as set out in the Payor’s PAD Agreement:
a) where the Payor’s PAD Agreement provides for fixed amount PADs recurring at Set Intervals, the Payee or Member Payee shall, at least 10 calendar days before the due date of the first PAD or before an annual top-up or adjustment, give notice in writing to the Payor at the Payor’s address of record of the amount to be debited and the date(s) of such debiting, and such notice shall be given to the Payor every time there is a change in the amount or payment date(s);
b) where the Payor’s PAD Agreement provides for variable amount PADs recurring at Set Intervals, the Payee or Member Payee shall, at least 10 calendar days before the due date of every PAD, give notice in writing to the Payor at the Payor’s address of record of the amount to be debited and the date of such debiting;
c) notwithstanding the above, no pre-notification shall be required for changes in the amount of fixed or variable amount PADs recurring at Set Intervals if the Payor’s PAD Agreement provides for the change in amount to occur as a result of a direct action on the part of the Payor (such as, but not limited to, a telephone instruction) requesting the Payee to change the amount of a PAD; and
d) notwithstanding the above, the Payor and Payee or Member Payee, where applicable, may mutually agree to modify or waive the pre-notification requirements in the Payor’s PAD Agreement either in the Payor’s PAD Agreement or by a separate waiver (such as, but not limited to, a telephone instruction) provided a proper Authorization for the waiver is provided.