Yummm Studio Recurring Payment Terms
Yummm Studio
2.1 Authorisation
Mr Yum will charge You the Fees on a recurring basis by submitting credit or debit instructions for your credit card to a trusted third-party payment processing service provider ("RecurringPayment Arrangement"). By signing the Agreement, You confirm that You agree to these terms and conditions and authorise ongoing charges to your credit card for the duration of the Agreement in the intervals specified below.
2.2 Third-party Payment Processor
Mr Yum uses Stripe Payments Australia Pty Ltd (ABN 66 160 180 343) and its global affiliates (together, “Stripe”) to initiate and process recurring payments.
Mr Yum does not collect any credit card information from You. You agree to provide your credit card details directly to Stripe according to Stripe’s separate payment processing procedures.
Mr Yum has a contract in place with Stripe to ensure that your credit card details remain safe and secure. MrYum is additionally bound directly to You by its obligations outlined in this Schedule. Mr Yum will submit requests to Stripe to charge your credit card only in accordance with the scope of the authority granted by You to Mr Yum in thisSchedule.
Mr Yum will provide You with reasonable notice of any changes in its relationship with Stripe, including termination of that relationship. In the event that Mr Yum’s relationship with Stripe comes to an end, Stripe will securely delete your credit card information from its records in accordance with its own policies.
Mr Yum will provide You with reasonable notice of the details of any new relationship with another third-party payment processing service provider, including the process for You to provide your credit card details to that new provider.
2.3 Recurring Payments
For the duration of the Agreement, including any renewal periods, Mr Yum will submit to Stripe credit or debit instructions for your credit card on the basis that is set out and agreed in the Agreement.
2.4 Confirmation and receipts
After You sign the Agreement, Mr Yum will provide You by email (or by another method agreed with You) written confirmation of your consent to the Recurring Payment Arrangement.
Mr Yum will also provide You by email (or by another method agreed with You) a written receipt for each charge made to your credit card within 3-5 business days of the charge.
2.5 Variation
Mr Yum may vary the details of the Recurring Payment Arrangement at any time. Mr Yum will inform You in writing 14 days before any proposed variation by email (or by another method agreed with You).
2.6 Cancellation
At any time, You may cancel, suspend or vary Recurring Payment Arrangement, or stop or defer any individual payment within the Recurring Payment Arrangement, by informing Mr Yum in writing at least 30 days prior.
After receiving your notice, Mr Yum will not submit any further credit or debit requests to Stripe except in accordance with your instructions.
However, your exercising of aright under this clause does not affect your obligations under the Agreement.For the avoidance of doubt, this clause relates only to the arrangement by which Mr Yum may effect charges to your credit card on a recurring basis and does not limit your obligation to otherwise pay for the Solution in by another payment method agreed with Mr Yum.
2.7 Disputes
You may dispute any charge to your credit card made under this Schedule. If You believe that You have identified an unauthorised or incorrect transaction, You must promptly notifyMr Yum so that Mr Yum can properly investigate.
Mr Yum will endeavour to investigate any potential disputes or errors in a fair and timely manner. If MrYum determines that an error has occurred, Mr Yum will rectify the issue by immediately informing Stripe and ensuring that the transaction is reversed, refunded or adjusted as appropriate, according to Stripe’s procedures. Mr Yum will promptly inform You of the outcome of that process in writing.
If, after conducting a thorough investigation, Mr Yum believes that no error has occurred, Mr Yum will inform You of the reasons for that conclusion in writing.
2.8 Security and Confidentiality
You acknowledge and agree that Stripe will store your credit card details on file. Mr Yum warrants that Stripe is bound by contract with Mr Yum to be responsible for and to protect the security of your credit card information. Mr Yum will only submit credit or debit requests to Stripe in respect of your credit card as authorised by You and in accordance with this Schedule.
Stripe complies with the Payment Card Industry Data Security Standards (PCI DSS) in respect of the retention and storage of credit card information. Stripe has been audited by a PCI-certified auditor and is certified as a PCI Service Provider Level 1, the highest level of certification. Stripe only holds credit card information permitted by the PCI DSS and does not hold any “Sensitive Authentication Data” as defined by those standards. Stripe encrypts all credit card information that it holds and stores decryption keys on separate machines. It maintains strong protections against unauthorised use or access of the information that it stores, and conducts regular audits of its security protocols and implementation procedures. More information on Stripe’s data security measures can be obtained from Stripe’s website at https://stripe.com/docs/security.
Stripe will store your credit card information for the duration of the Agreement, unless You withdraw your authorisation for the Recurring Payment Arrangement in accordance with clause 2.6 of this Schedule. In the event that You withdraw your authorisation under clause 2.6, or the Agreement is terminated in accordance with its terms, Stripe will delete your credit card information that it holds in accordance with its procedures.
2.9 Liability
Mr Yum warrants that Stripe will take all reasonable steps in accordance with its contract with Mr Yum and the PCI DSS to protect your credit card information and prevent unauthorised use or access. However, the digital storage of credit card information carries inherent risk. Mr Yum will not be liable to You under this Agreement for any unauthorised use or access of your credit card details that are beyond the reasonable control of Stripe.
You warrant that the information You provide to Mr Yum and Stripe, including your authority to agree to the Recurring Payment Arrangement, is accurate and complete.
It is your responsibility to ensure positive net activity in respect of your credit card before each payment date. In the event that a payment under the Recurring Payment Arrangement is declined or otherwise fails, You must immediately arrange with Mr Yum to pay the amount owing on that date by another method agreed with Mr Yum. Mr Yum reserves the right to charge You interest of a reasonable amount for any loss reasonably occurred as a result of a failed payment under the Recurring PaymentArrangement. Mr Yum will also not be liable for any fees or charged imposed onYou by your financial institution or incurred as a result of a declined payment.
