Bill Butler Client ServicesTerms and Conditions

Defined terms used in this documentand the Agreement have the meaning given in clause 21 of this document.
1. Bill Butler Service Details
You engage and authorise Bill Butler to provide any of the following services to you:

  • analyse your income, spending and debts and prepare a Personal Cash Management Plan and/or Budget for you;
  • administer (and act on your behalf in connection with) your financial affairs in accordance with your Personal Cash Management Plan, Payment Arrangement and/or Budget and the terms and conditions set out in this Agreement;
  • negotiate with your Creditors on your behalf and enter into arrangements that are formal or informal, that are binding on you, including (without limitation) negotiating or entering into payment plans, settlement plans or debt agreements;
  • make payments in accordance with your Personal Cash Management Plan and/or Payment Schedules or any additional instructions you provide to us or as Bill Butler sees fit for the purpose of providing the Services (including, without limitation, paying bills or making deposits to or withdrawals from your Bill Butler Account);
  • manage your Bill Butler Account on your behalf;
  • access your credit file;
  • such other additional services as requested by you (where Bill Butler has agreed in its sole and absolute discretion to provide such services); and
  • any other services provided by Bill Butler which are incidental to the above.

2. Client Information Provided

  • You consent to Bill Butler collecting, using and storing the information supplied by you as the Client or by authorised parties for the purpose of providing the Services to you and any other associated purpose.
  • You acknowledge that if you do not provide the information requested by Bill Butler, Bill Butler may not be able to (or may choose not to) provide the Services to you.
  • You warrant and represent that:(i) the information supplied by you and any other information you give to Bill Butler will always be accurate, correct and up to date; and (ii) you are authorised to request the debiting of payments from the Bill Butler Account and any other accounts referred to in your agreement.

3. Changes to Personal Cash Management Plan,Arrangements, Receipts, Scheduled Payments or your Details

  • If you wish to make any changes to your Personal Cash Management Plan or Arrangement you must give Bill Butler at least 4 business days prior written notice to execute the change. Changes includea schedule of payments to be made from your Bill Butler account or to stop individual payments or to add a new payment or notification of changes to your income schedule (receivables onto your Bill Butler Account).
  • Bill Butler will review your Personal Cash Management Plan or Arrangement at least once every 12 months to assess its integrity and viability, having regard to your budget changes (for example, because utility bills are for varying amounts, loans and arrears are paid off or overdue bills are retired).
  • You must provide Bill Butler with at least 4 business days prior written notice of any changes in your address, contact details, account details or other information previously provided to Bill Butler.

4. Authority of Bill Butler
You hereby authorise Bill Butler to do any of the following:

  • arrange for funds to be debited from your Bill Butler Account in the amounts and on the dates, or at the frequency, specified in your Personal Cash Management Plan, Arrangements and payment schedules in accordance with the Agreement or as otherwise notified by you to Bill Butler;
  • arrange for funds to be debited from the Bill Butler Account in payment of any Fees and charges that may be payable to Bill Butler in connection with the Services and any applicable taxes such as GST;
  • disclose the information you provide to Bill Butler (including the details you provide in the Client Information Schedule) to: any third parties to the extent required to provide the Services to you; any of Bill Butler’s related parties; any service supplier that we have an arrangement with (so that either us or they may provide you with the product or service you have requested or in which you have expressed an interest); government departments undertaking reviews of the integrity of our operations; organisations providing services or function on our behalf (including document storage services, data entry, data verification, information technology support and others); Bill Butler’s advisers; and any person acting on your behalf such as your financial adviser, power of attorney, solicitor or accountant;
  • collect and hold your tax file number (TFN) and use it as required by the taxation laws including after the Term (and you acknowledge that you have been informed of the legal basis for collection,are aware that declining to provide a TFN is not an offence,know the consequences of not providing a TFN and the manner of obtaining the TFN was not reasonably intrusive);
  • record details of your telephone calls and email correspondence with us for record keeping and verification purposes (including after the Term);
  • scan, store and hold in electronic form all copies of signed agreements, identification documents and correspondence received by Bill Butler from you or from any third parties on your behalf from time to time at any location around the world (including after the Term); and
  • anything which Bill Butler is authorised to do under the Letter of Authority.

5. Bill Butler Fees

  • In consideration for Bill Butler providing the Services you must pay the Fees as and when set out in the Fees Schedule and this Agreement, including (among others):
    • Service Establishment Fee (Set Up Fee)including GST – This fee is intended to compensate Bill Butler for the costs of establishing your account on Bill Butler’s system. The Establishment Fee is payable within 7 days after you enter the Agreement or under a payment plan as agreed;
    • Account Administration Fee (Service Subscription Fee) including GST – The Account Administration Fee is intended to compensate Bill Butler for the ongoing management of your financial affairs and providing the Services. The Account Administration Fee is payable according to your agreed receivable schedule cycle.
    • Transaction Service Fees including GST – This fee is intended to compensate Bill Butler for the costs associated with transacting on the Bill Butler account. All Bill Butler accounts have 15 transactions/month included in the Account Administration Fee. Transaction volume is reconciled on each Bill Butler account at the end of the quarter, transaction fees are charged in blocks of 10 transactions at a cost of $5/block of 10. Transaction Service fees will automatically be charged against a client account for transaction volumes over and above 15 transactions/month.
    • Direct Debit Dishonour Fees including GST – This is a fee and is intended to compensate Bill Butler for the administration costs associated with handling dishonoured direct debit receipts. Dishonour fee of up to $30 plus any further costs associated with administration caused by this dishonour may be charged against a client account immediately if a dishonoured direct debit occurs.
    • Other Service Fees including GST – This fee is intended to compensate Bill Butler for the costs associated with services provided by Bill Butler. Service Fees may be charged for, but not limited to, negotiation with service providers, renegotiation, financial analysis, reworking Cash Management Plans, Debt Reduction Planning, Budget development, Loan Establishment Fee, administration work associated with provision of information to client advisors, other services as requested. The Service Fee is payable within 7 days after you enter the Agreement or as otherwise agreed;
  • A full list of the Fees payable by you in respect of the Services is set out in your Fees Schedule.
  • Bill Butler will deduct the Fees from the Bill Butler Account in accordance with your Personal Cash Management Plan, payment schedules any Arrangements in place and the Agreement.
  • Bill Butler may amend the Fees at any time by giving you at least 28 days prior notice.
  • All Fees and payments processed by Bill Butler will be processed in Australian Dollars (AUD).
  • You agree that you are legally liable for all Fees under the Agreement whether or not such Fees are paid from the Bill Butler Account. You authorise Bill Butler to utilise any funds that it holds on your behalf at any time to secure payment of any Fees due to Bill Butler.
  • Subject to clause 11(Termination – Cooling off period),the Fees are non-refundable.
  • Any consideration to be paid or provided for a supply made by Bill Butler under or in connection with the Agreement, unless specifically described as ‘GST inclusive’, does not include an amount on account of GST. You must pay to Bill Butler the amount of any GST at the same time you pay the consideration for the relevant supply.

6. Consent to verify your identity

  • When Bill Butler opens an account on your behalf, it follows the provisions of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (the Act). The Act protects the integrity of Australia’s financial system by guarding against people who want to open accounts in false names.
  • To comply with the Act, Bill Butler will need to verify your identity. To do this, we will use the information you provide to us. It may include your name, date of birth and residential address. We may also require supporting documents, such as your Medicare card, passport or driver’s license details.
  • As part of the verification process we may verify your details using an identification verification database. We require your permission to electronically access your credit information file as retained by VEDA, a credit reporting agency or any alternate source of identity validation. Please note that the verification process will not have any impact on your credit rating and the contents of your credit information file. We will only access the information to verify your identity.
  • By receiving this service from Bill Butler, you authorise and consent for Bill Butler to access your credit information file as retained by VEDA or any alternate source of identity validation.

7. Managing your Bill Butler Accounts – Insufficient Funds

  • Bill Butler can only make payments on your behalf if sufficient funds are available in the relevant Bill Butler Account. You are solely responsible for ensuring there are sufficient funds available in the relevant Bill Butler Account to make bill payments or other scheduled payments in accordance with your Personal Cash Management Plan, Schedules or Arrangements.
  • If insufficient funds are available in the relevant Bill Butler Account to enable all payments in accordance with your Personal Cash Management Plan or Arrangement to be debited:
    • you will make every effort to ensure funds are deposited to rectify and/or provide sufficient information to Bill Butler to ensure sufficient funds are available within the Bill Butler Account.
    • you authorise Bill Butler, in its sole and absolute discretion, to prioritize the payments to be made under your Personal Cash Management Plan, Schedules or Arrangement as it sees fit; and
  • you can make a specific request in writing to Bill Butler to change the priority of your payments (except the priority of the payment of the Account Administration Fee) at least 4 business days prior to the scheduled payment the subject of the change

8. Working with your creditors

Bill Butler will not contact your Creditors until you have provided all required details including a signed Letter of Authority.You acknowledge and agree that:

  • in relation to any debts or arrears, we cannot guarantee that your Creditors, Financial Institutions or Service Providers will not, or have not already lodged a default on your credit file (or that your credit file will not be adversely affected) after Bill Butler has made an arrangement with your Creditors;
  • your Creditors may suspend or cancel, credit cards, store cards or lines of credit anytime at their discretion;and
  • your Creditors, Financial Institutions and service providers may from time to time request personal details and relevant information relating to your budget and Personal Cash Management Plan, including (without limitation) a payment schedule detailing the disbursement of funds to all parties. You authorise Bill Butler to supply any such information, when Bill Butler considers it to be appropriate, to Creditors, Financial Institutions and service providers. The exchange of information allows your Creditors to clearly understand your financial circumstances.

9. Your obligations

  • You must notify Bill Butler promptly in writing by email or by telephone if a payment is made by Bill Butler in error. It is important that you give Bill Butler as much information as you can to help Bill Butler resolve your concern and provide Bill Butler with sufficient time to remedy your concern.
  • You must provide Bill Butler with correct and up to date payment details including (without limitation) amounts and due dates for all expenses included in your Personal Cash Management Plan or Arrangement. This is especially important for any consumer credit products, as late credit repayments may appear on your credit file. Any fee, charges, costs or sundries arising from late payment (Late Fees) will be deducted from your nominated Bill Butler Account. Bill Butler is not liable for (and you agree to indemnify Bill Butler against) any Late Fees imposed by your service provider or Creditor (except where caused by a fraudulent or negligent act of Bill Butler).
  • Before Bill Butler can provide the Services to you Bill Butler is required to verify your identity. You must present such identification documents as requested by Bill Butler from time to time, including (among others) passport and driver’s licence. You must comply with any reasonable request by Bill Butler in order to allow it to verify your identity and comply with the Anti-Money Laundering and Counter-Terrorism Finance Act 2006 and other laws.
  • Where you are registered for an account through the Bill Butler website or mobile application and are given account/registration details (together with your password) (Log In Details), you must: (i) not share your Log In with any other person; (ii) protect the confidentiality of your Log In Details; (iii) not allow any other person to use your Log In Details;and (iv) ensure that your internet access, mobile device and computer are secure to prevent unauthorised persons gaining access to your account or Log In Details.
  • You must immediately notify Bill Butler of any unauthorised use of your Log In Details or any breach of security of which you suspect or have become aware. You acknowledge that Bill Butler is entitled to assume that any access to your account using your Log In Details is made by you (regardless of the true identity of the person accessing the account).
  • You must provide Bill Butler with all necessary information to enable Bill Butler to provide the Services to you and to comply with Bill Butler’s obligations under the Agreement and at law.

10. Your acknowledgements

You acknowledge and agree that:

  • direct debits cannot be processed through the Bill Butler Account. You must arrange direct debits from a separate bank account in your name;
  • your funds are held in an interest bearing account arranged by Bill Butler, however interest is not payable to you on funds held in the Bill Butler Account (and any such interest may be retained by Bill Butler);
  • in respect of any information you (or your Creditors, financial advisor or Financial Institutions) provide to Bill Butler (including, without limitation, any identification documents and the information provided in the Client Information Documents): (i) Bill Butler will retain copies of such information; and (ii) Bill Butler will rely on such information and is not required to verify such information;
  • Bill Butler may not retain original documentation after it has been scanned and archived electronically on Bill Butler’s system;
  • Bill Butler may engage third parties (including third parties located outside of Australia) to provide any part of the Services (or assist Bill Butler to provide the Services);
  • Bill Butler is under no obligation to provide the Services or process bills, queries, payments,changes and other parts of the Services outside of regular business hours (being 8:30am to 5pm AEST) on Business Days). If a scheduled payment falls outside of regular business hours Bill Butler may make the relevant payment from your Bill Butler Account within regular business hours on the next business day; and
  • without limiting any other provision in the Agreement, Bill Butler will take all reasonable care to ensure your requests, queries or complaints are responded to promptly, however unless your requests, queries or complaints in relation to a scheduled payment or event are communicated to Bill Butler via email within 4 business days prior to the scheduled payment or event, Bill Butler is not liable for any costs arising in connection with the scheduled payment or event.

Cancellations and Terminations

Should you wish to cancel or terminate your arrangement we appreciate hearing from you about any problems with our service that prompted your cancellation. Contact the Bill Butler Customer Support team on 1300 245 528 or butler@billbutler.com.au, with this feedback.  We are keen to hear from you so that we can keep improving. For details regarding refund policy and termination periods, please see below.

11. Termination – Cooling off period

  • You have a cooling-off period, which expires at 5:00 pm AEST five Business Days after the day you enter the Agreement (Cooling-off Period). For example, if the Agreement is entered into on Monday; the Cooling-off Period expires 5:00 pm [AEST]
  • You can terminate the Agreement prior to the expiration of your Cooling-off Period without incurring any cost, by:

before the expiration of the Cooling-off Period.

  • Bill Butler will respond to you as soon as possible to confirm the termination via email.  Please note that terminations via email may take up to three Business Days from receipt of your request to process.
  • If you terminate the Agreement in accordance with this clause 11: (i) Bill Butler will refund any Establishment Fee paid by you into the account that the payment was made from, unless you have nominated another account. If your payment was originally processed by credit card, then please allow up to two weeks for refunds to appear on the credit card used; and (ii) any funds held within your Bill Butler Account and on your behalf at the date of termination will be transferred to your nominated bank account.

12. Termination by client

  • After the expiration of your Cooling-off Period, you can terminate the Agreement by giving Bill Butler twenty-eight days (Notice Period) notice in writing of your intention to terminate the Agreement via:

and provide details of the reason for termination, together with details of your client account.

  • Bill Butler will respond to you as soon as possible to confirm the termination via email.
  • If you cancel or revoke any authority granted under the Letter of Authority (in accordance with the terms of the Letter of Authority) and Bill Butler considers it is unable (without the relevant authority) to provide the Services to you, then you will be deemed to have terminated the Agreement. The termination is effective from the date the notice of cancellation or revocation is received by Bill Butler.
  • If you wish to terminate the Services immediately (i.e. without giving the notice period)
    • you terminate the Agreement and request that Bill Butler not provide the Services during the Notice Period; or
    • the Agreement is terminated under clause 12(c),

then you must pay Bill Butler (on the date of termination) the Account Administration Fee that would have been payable to Bill Butler if it had continued to provide the Services to you during the Notice Period.

If you have any problems cancelling/terminating thisA greement, please contact Bill Butler Customer Support team on 1300 245 528 or butler@billbutler.com.au.

13. Termination by Bill Butler

  • The Agreement may be terminated by Bill Butler (without being required to provide reasons) by giving you twenty-eight days’ notice in writing of its intention to terminate the Agreement.
  • If a Default Event occurs in relation to you, Bill Butler may (in its sole and absolute discretion):
  • immediately terminate the Agreement by written notice to you and immediately cease providing the Services;
    • suspend the provision of the Services to you by written notice to you;
    • require immediate payment of all amounts outstanding (whether or not then due and payable);
    • reject, cancel, suspend or terminate any scheduled payments from the Bill Butler Account;
    • exercise or enforce all or any of Bill Butler’s rights, powers or remedies (whether arising under any law,the Agreement or otherwise); or
    • engage in any combination of the above

14. Consequences of termination

  • If the Agreement is terminated prior to the payment in full of the Establishment Fee, the outstanding balance of the Establishment Fee will remain due and payable by you.
  • Subject to clause 12(d), your liability to pay the Account Administration Fee will cease on the date of termination. However, termination of the Agreement does not relieve you of your obligations (including your obligation to pay any Account Administration Fees) which have accrued before the date of termination.
  • Any funds that we hold on your behalf at the date of termination will be transferred to your nominated bank account, after deduction by Bill Butler of any amount still payable in relation to payment of the Fees and any other amount which Bill Butler is entitled to withhold or set-off under the Agreement.
  • Bill Butler may report any failure by you to pay any Fees as and when due to a credit reporting bureau at its sole and absolute discretion.

15. Limitation of Liability and indemnity

    • To the extent permitted by law, Bill Butler (and its affiliates, officers, employees, contractors and agents) are not liable (in any circumstances) for any cost, damage, expense, loss, claim or liability (including consequential loss or damage) of any kind that you or any third party may suffer or incur arising (directly or indirectly) out of or in connection with:
    • (i) your failure to notify Bill Butler of a payment error within 5 business days of Bill Butler or its banking partners informing you of the relevant payment;
    • (ii) your failure or delay (or the failure or delay of any of your Creditors, Financial Institutions, service providers or other third parties) in providing any information Bill Butler requests;
    • (iii) any information provided to us being inaccurate, incorrect, untruthful, misleading or deceptive;
    • (iv) the failure of, or the refusal by, any of your Creditors to accept, vary, review or implement any payment plan, settlement plan or debt agreement;
    • (v) there being insufficient funds available in the Bill Butler Account;
    • (vi) any defaults or late or missed payments reported on your credit file;
    • (vii) any delay in operation or transmission, down-time or system outage, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, security breach, theft, destruction, alteration or unauthorised access to any records (to the extent it is beyond the reasonable control of Bill Butler);
    • (viii) any breach of your obligations under the Agreement;
    • (ix) any matters that fall outside the scope of the Services provided by Bill Butler to you, whether arising by reference to the provisions of the Agreement, implied terms, tort or otherwise howsoever.
    • You agree to fully indemnify Bill Butler against all cost, damage, expense, loss, claim or liability (including consequential loss or damage and legal fees on a full indemnity basis) of any kind that Bill Butler may suffer or incur (or which may be brought against Bill Butler) arising (directly or indirectly) out of or in connection with: (i) any breach of the Agreement by you; (ii) Bill Butler acting in accordance with your instructions (except where such loss is caused by Bill Butler’s negligence); or (iii) any matter referred to in clause 15(a).
    • To the maximum extent permitted by law, you acknowledge and agree that:
      • subject to any warranties implied by law which cannot be excluded by agreement, all warranties with respect to the Services are hereby expressly excluded; and
      • no advice, guarantees, warranties or representations are or have been given (or shall be implied) by Bill Butler or any of its officers, employees or agents in connection with the Services or any other matter, other than: (A) those which are given or implied by law which cannot lawfully be excluded; and (B) those which are expressly contained in the Agreement.
    • Subject to law, if circumstances arise where you are entitled to claim damages from Bill Butler notwithstanding the provisions of the Agreement and this clause 15, Bill Butler’s total liability to you for the aggregate of all such claims (regardless of the basis on which you are entitled to claim from Bill Butler including, without limitation, negligence) is limited to the lesser of: the amount of any actual loss or direct measurable damage incurred by you; or the Account Administration Fees received from you by Bill Butler in the preceding 12 months before your claim arose.
    • You acknowledge that you have relied upon your own skill and judgement in determining the appropriateness of the Services provided by Bill Butler for your own particular purposes and you have not been induced to enter into the Agreement or relied on any statement or representation made by Bill Butler or by any person on Bill Butler’s behalf.
    • If any warranty or condition is implied by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) or any corresponding state law, or other relevant legislation, which may not be excluded then, Bill Butler’s liability for any breach of such an implied warranty is limited solely to the resupply of the relevant Service or payment to you of the cost of having the Services provided again (at Bill Butler’s option).
    • In no circumstances will Bill Butler be liable to you for any consequential damages (including without limitation, loss of or damage to data, loss of profits, loss of savings and loss of revenue indirect or remote or abnormal or unforeseeable loss, loss of actual or anticipated savings, loss of reputation, lost opportunities, loss of use, any exemplary or punitive damages of any kind or any similar loss) whether or not in the reasonable contemplation of the parties even if Bill Butler has been expressly notified of the possibility of such damages.

16. Intellectual Property

  • Bill Butler is either the owner or licensed user of all Intellectual Property in the Bill Butler System (including all material on the Bill Butler System).
  • Nothing in the Agreement gives you any interest in any Intellectual Property (whether in relation to the Bill Butler System, the material on the Bill Butler System, or otherwise).
  • You must not: (i) reproduce, adapt, upload, link, frame, broadcast, distribute or in any way transmit the material on the Bill Butler System without the written consent of Bill Butler, other than to the extent necessary to view the material or as permitted by law; (ii) call into question or challenge, directly or indirectly, Bill Butler’s right, title or interest in the Intellectual Property; or (iii) make use of the Intellectual Property or any part of it, to the competitive or commercial disadvantage of Bill Butler.

17. Variation of Agreement

  • Bill Butler reserves the right to vary the terms of the Agreement from time to time. Bill Butler will give you thirty days’ notice in writing (Variation Notice) of such changes which could include (but are not limited to) changes in relation to Fees and charges. The changes will come into effect thirty days after the date of any Variation Notice.
  • If you do not agree to the variations set out in the Variation Notice, you can terminate the Agreement by contacting us within 7 days of receiving the Variation Notice by:
  • The Agreement will be terminated on the date Bill Butler receives your valid notice of termination above.Any Fees due and payable under the Agreement will remain due and payable but there will be no penalty payable in relation to the termination. Clause 14 (Consequences of termination) will apply in the case of termination of the Agreement under this clause.

18. Notices

  • Notices are taken to be received by the recipient of the notice: (i) in the case of correspondence by post to an address in Australia – on the third Business Day after the date of posting; (ii) in the case of correspondence by post to an address outside of Australia – on the seventh Business Day after the date of posting; or (iii) in the case of a facsimile or email – on production of a successful transmission report by the machine from which the facsimile or electronic mail was sent.
  • If time of despatch or deemed receipt of a notice is not on a Business Day, or is after 5.00 pm [AEST] on a Business Day, it will be taken to have been despatched or received (as applicable) at the commencement of the next Business Day.
  • Bill Butler may also give notices under or in connection with the Agreement by publishing them on the billbutler.com.au website or by sending them through the Bill Butler mobile application.

19. Complaints Process

  • If you wish to lodge a complaint about our people, policies, procedures or the handling of your personal information, or our compliance with our privacy policy, or the Privacy Act 1988, you may lodge a complaint by emailing our Customer Support at butler@billbutler.com.au or by contacting us by telephone or mail at the contact information listed below.
    • Phone: 1300 245 528
    • Postal Address: PO Box 452, Capalaba QLD 4157
  • We will generally contact you to acknowledge your complaint as soon as possible after receiving your complaint. We will use reasonable endeavors to investigate your complaint and provide you with a written response within 14 days. If we are unable to resolve your concern, you may request an independent person or ombudsman service to investigate your complaint, or direct your complaint to the Australian Information Commissioner in case of privacy policy breach. The details of the Australian Information Commissioner are listed on their website: www.oaic.gov.au.

20. Other important provisions

  • Bill Butler is entitled to offset any amount owing to it by you (including Fees or any amount owing or payable under or in connection with any indemnity given in favour of Bill Butler) against any amount owed to you by Bill Butler.
  • You agree to be bound by Bill Butler’s Privacy Policy (as amended from time to time) which is available on our website at www.billbutler.com.au/privacy-policy/ .
  • This Agreement is governed by the laws of the state of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Agreement will be governed, interpreted and construed by, under and pursuant to the laws of Queensland.
  • You acknowledge that Bill Butler has full access to your transactional data which could be used to analyse spending habits, create financial trend data, used for benchmarking and provide cash flow management, money coaching and budgeting advice. You agree that this data could be de-identified and used by Bill Butler for the purpose of creating trends and personas to enhance Bill Butler’s service offerings to its clients.
  • If any of the provisions of the Agreement are invalid or unenforceable it is to be read down so as to enable it to be valid and enforceable or otherwise severed so as to preserve the enforceability of the remaining provisions of the Agreement.
  • You confirm and declare that: (a) the provisions of the Agreement are fair and reasonable and you have taken the opportunity to obtain independent legal advice; (b) the provisions of the Agreement are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
  • You must not assign, novate or otherwise transfer your rights and obligations under the Agreement. Bill Butler may assign its interest under the Agreement (without your consent). If required by Bill Butler, you must enter into a deed of novation with Bill Butler and a third party nominated by Bill Butler on terms specified by Bill Butler.
  • A right created under the Agreement may only be waived in writing signed by the party granting the waiver and is effective only to the extent specifically set out in that waiver. The non-exercise of or delay in exercising a right of a party will not operate as a waiver of that right. No waiver of a breach of a term of the Agreement operates as a waiver of another breach of that term or of a breach of any other term of the Agreement.
  • If a provision of the Agreement is expressed to be for the benefit of (for example, by conferring an indemnity or an exclusion of liability upon) a person that is not a party to the Agreement, Bill Butler (and any assignee of that party) holds the benefit of that provision not only in its own capacity but also as agent and as trustee for that person not party to the Agreement.
  • Bill Butler owes no fiduciary duties to you and you expressly waive any which might otherwise exist.
  • You warrant and represent that you have the legal authority and capacity to enter into and be bound by the Agreement.
  • No provision of the Agreementis to be interpreted to the disadvantage of a party because that party (or its representative) drafted that provision.
  • The provisions in clauses 14, 15, 16, 20 and 21will survive termination of the Agreement.

21. Definitions

Agreement means the agreement between you and Bill Butler which comprises the Client Letter of Engagement, Client Information Schedule, these Client Services Terms and Conditions, Letter of Authority, Bill Butler’s Privacy Policy and the Fees Schedule sent to you.

Bill Butleror us means Bill Butler Pty Ltd ACN 607 845 081.

Bill Butler Account means yourindividual Bill Butler Bank account held on a Westpac Offsystem BSB account managed by Bill Butler Pty Ltd.  The Bill Butler Account is the account where your funds (which are used to make payments under the Personal Cash Management Plan or Arrangements) are held.

Bill Butler System means the electronic system operated by Bill Butler, which includes the website www.billbutler.com.au and the Bill Butler mobile application.

Business Day means a day, not being a Saturday, Sunday, public holiday or a day on which banks are not open for business in any State or Territory of Australia.

Client Information Schedule means the document/s (and all information provided by you in the documents) provided by you to Bill Butler during the service sign up and during the service period.

Creditorsmeans your creditors and service providers (being any entity which has provided services or credit to you) including, among others, the credit providers of Unsecured Credit Facilitiesand Secured Credit Facilities that you are obligated to.

Fees means the fees payable by you to Bill Butler as set out in the Fees Schedule.

Fees Schedule means fee details as provided to you at the time of entering an agreement with Bill Butler as amended from time to time in accordance with the Agreement.

Financial Freedom Your Money Your Life is a package offered by Bill Butler Pty Ltd.  Any agreement related to the Financial Freedom Your Money Your Life Package is subject to these Client Terms and Conditions.

Financial Institution means any financial institution with which you have an account, including, among others, the financial institutions (Bank Accounts), Managed Investment Portfolios,Term Deposits,and Misc Investments as advised by you.

Intellectual Property means all present and future rights conferred by statute, common law or equity in or in relation to intellectual property (whether or not registrable) including any know-how, design, layout, database, technology, data, user interfaces, web interfaces and algorithms in connection with the Bill Butler System.

Letter of Authority means the Letter of Authority (in the form required by Bill Butler) signed by you and provided to Bill Butler.

Personal Cash Management Plan means the Personal Plan and Arrangement prepared by Bill Butler for you as part of the Services, as amended from time to time by Bill Butler or you, in accordance with the Agreement.

Services means the services set out in clause 1 and any other services agreed to be provided by Bill Butler.

Term means the term of the Agreement, commencing on the date of the Agreement and expiring on the date the Agreement is terminated in accordance with its terms.


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