Merchant may be authorized to permit Customers to use the Extended Repayment Feature to make Afterpay Purchases for Goods on a Recurring Payments basis. PSP may withdraw its authorization at any time in its sole discretion.
1. General
1.1 PSP may authorize Merchant to permit Customers to use the Extended Repayment Feature for one or more Recurring Payments. Recurring Payments are not available in all regions. Merchant agrees to follow any technical guides and any reasonable directions from PSP regarding the technical integration for the use of the Extended Repayment Feature for Recurring Payments.
1.2 For each Customer electing to use Recurring Payments, PSP will pass to the Merchant a token to store against that Customer’s account to allow Merchant to initiate subsequent Recurring Payments. The token can be used until: (a) the Customer opts-out of the Recurring Payments pursuant to Merchant’s terms of use with the Customer, and such opt-out is communicated by Merchant to PSP; or (b) PSP terminates Recurring Payments. Merchant must display an opt-out option for Customers within its checkout flow (or elsewhere on Merchant's Website(s)) and Merchant must not use a token for any Customer who has opted-out.
1.3 PSP may terminate the provision of any or all types of Recurring Payments for any or all Merchants for any reason immediately by written notice (including where PSP ceases to offer Recurring Payments in connection with the Afterpay Services). If PSP terminates Recurring Payments, these Recurring Payment terms do not apply, the remaining provisions of this Agreement are not affected, and the Agreement remains in full force and effect and continues to be legally binding on the Parties. For the avoidance of doubt, if either Party terminates this Agreement pursuant to its terms, this also terminates Merchant’s provision of Recurring Payments.
1.4 In this Agreement, “Recurring Payment” means an arrangement between Merchant and the Customer via Merchant’s Website(s), whereby the Customer agrees to save their Afterpay details with Merchant to pay Merchant for Goods using the Extended Repayment Feature based one or more of the following options:
(a) payment for ad hoc future Afterpay Purchases without requiring the Customer to subsequently log in to their Afterpay account to complete the Afterpay Purchase, where the Customer must be present on Merchant’s Website(s) to approve each Recurring Payment (“Future Orders”);
(b) automatic payment over a fixed or variable cadence where the amount may vary across billing periods based on the Customer’s usage or needs (this may include flexible subscription arrangements and bill payment arrangements), and where the Customer does not need to be present on Merchant’s Website(s) to approve each Recurring Payment after initial setup (“Flexible Recurring Payment”); or
(c) automatic payment of a fixed amount on a regular cadence for the purposes of an ongoing subscription, and where the Customer does not need to be present on Merchant’s Website(s) to approve each Recurring Payment after initial setup (“Fixed Recurring Payment”).
For the avoidance of doubt, each Recurring Payment is deemed an Afterpay Purchase.
2. Preferred Payment Method. Merchant agrees that the Extended Payment Feature will be saved as the Customer’s preferred payment method for any Fixed Recurring Payments or Flexible Recurring Payments following initial setup, until the Customer opts-out of making such Recurring Payments pursuant to Merchant’s terms of use, and such opt-out is communicated by Merchant to PSP.
3. Rights and obligations relating to Recurring Payments.
3.1 Merchant agrees to provide PSP with sufficient information regarding each Afterpay Purchase in order to determine whether it constitutes a Recurring Payment, including evidence of Customer consent for payments made without their presence on Merchant’s Website(s)).
3.2 Merchant additionally represents and warrants that:
(a) for Fixed Recurring Payments, each Recurring Payment will be of equal amount, unless Merchant provides the Customer with reasonable prior written notice of any proposed price variation and the Customer agrees to that price variation and the Extended Repayment Feature being used for subsequent Recurring Payments; and
(b) any price variations for Recurring Payments comply with Applicable Laws, are agreed between Merchant and Customer, are communicated to PSP, and do not exceed any reasonable threshold set by PSP. PSP may cancel any Recurring Payment exceeding such threshold.
3.3 PSP may cancel any Recurring Payment scheduled to occur twelve (12) months after the first Recurring Payment is made by a Customer unless the Customer re-consents to Afterpay’s then-current terms relating to Customer’s use of the Extended Repayment Feature. Merchant must facilitate this re-consent process within its checkout flow (or elsewhere on its Website(s)).
3.4 Each Party shall implement and maintain appropriate technical and organizational measures to protect Personal Data against unauthorized or unlawful processing and against accidental loss, destruction, damage, alteration, or disclosure.
4. Applicable Regions and Regional Terms.
| Region | Recurring Payment Options | Regional Terms |
|---|---|---|
|
AU |
Future Orders Flexible Recurring Payments Fixed Recurring Payments |
No additional Regional Terms. |
|
NZ |
Future Orders Flexible Recurring Payments Fixed Recurring Payments |
No additional Regional Terms. |
|
US |
Not available |
N/A |
|
CA |
Not available |
N/A |
|
UK |
Not available |
N/A |
In these terms, “Afterpay” means “Clearpay” or “APM Provider”, as applicable.
