Flex Pay Terms and Conditions

PAY.COM.AU 

PAY LATER TRIAL – TERMS AND CONDITIONS

Date of last update: 5 March 2026

Pay.com.au Limited ACN 639 316 546 (Pay.com.au, we, our or us) provides the Flex Pay services in accordance with these terms and conditions (Flex Pay Terms or these Terms). The Platform Terms and PayRewards Terms also apply to your, or Flex Payer’s, use of the Platform or access to the PayRewards Program.

Any capitalised terms in these Terms not defined carry the same definition as set out in the Platform Terms and Conditions and/or the PayRewards Terms and Conditions (as applicable).

By sending an invoice with Flex Payer Terms, you agree:

• 1. to be bound by and agree to these Terms and any terms set out in the Onboarding Form; and
  2. you have a direct agreement in place with any Flex Payer which gives effect to these terms.

 If either of the above does not apply, you must not use send an invoice incorporating the Flex Payer Terms or use Flex Pay services.

These Terms operate in addition to any agreement(s) that you have in place with a third party, such as the provider of a Valid Card, the issuer of a Bank Account or Reward Program, or a Nominated Payee. 

DEFINITIONS

In these Terms, unless the context requires otherwise:

Early Payment means any payment by a Flex Payer of a Flex Pay Invoice where the Payment Submission Date is before the Invoice Due Date and has Pay Early Bonus Points, as provided by the Flex Payer Terms.

Flex Pay Invoice Amount means the Original Invoice Amount plus any Late Fees (including any applicable GST) payable by the Flex Payer in accordance with the Flex Payer Terms. 

Flex Pay Invoice means an invoice issued by you to a Flex Payer which complies with the requirements set out in these Terms.

Flex Pay means the service offered to you pursuant to These terms.

Flex Payer means any payer nominated by you, and approved by us, to participate in Flex Pay.

Flex Payer Terms means the Late Fee and Pay Early Points Bonus applicable to any Flex Payer, as approved by us in accordance with these Terms.

Invoice Due Date means due date of any Flex Pay Invoice, as specified on the relevant Flex Pay Invoice.

Invoice Issue Date means the date that a Flex Pay Invoice is issued to a Flex Payer.

 Late Fee means the additional amount payable by the Flex Payer for a Late Payment (including any applicable GST), as provided by the Flex Payer Terms.

Late Payment means any payment by a Flex Payer of a Flex Pay Invoice where the Payment Submission Date is after the Invoice Due Date, and has a Late Fee, as provided by the Flex Payer Terms.

Late Payment Points means the PayRewards Points earned by you for a Late Payment by a Flex Payer, as set out in your Onboarding Email or as agreed between us from time to time. 

Onboarding Email means the email formally confirming you have been onboarded to the Flex Pay service.

Original Invoice Amount means the original amount payable by Flex Payer to you in respect of any Flex Pay Invoice, before any Late Fees are applied.

Pay Early Bonus Points Fee means the amount retained from the Original Invoice Amount in respect of any Early Payments (including any applicable GST), as agreed between us from time to time.

Pay Early Bonus Points means the PayRewards Points earned by the Flex Payer for Early Payment by a Flex Payer, as provided by the Flex Payer Terms.

Payment Submission Date means the date that the Flex Payer submits a Payment Instruction to us via the Pay.com.au Platform, or in respect of Payment Instructions which are scheduled by the Flex Payer to be paid (Scheduled Payment Date) is at least three (3) business days after what would otherwise be the Payment Submission Date, then the Scheduled Payment Date.

PAYEE ELIGIBILITY AND FLEX PAYER TERMS

1. Access to Flex Pay is subject to Pay.com.au’s sole discretion and access is by invitation only.
2. com.au reserves the right, in its discretion, to withdraw an Associated Business’ access to the Flex Pay services, in whole or part, at any time.
3. After approval to access Flex Pay, you will be provided an Onboarding Form which will include:
   • 1. Flex Payer Terms; and
     2. Late Payment Points.
4. If you wish to make changes to your Payer Flex Pay Terms, this is subject to our prior written approval and will only apply to Flex Pay Invoices issued after the date of our approval and which include the relevant Payer Flex Pay Terms. We have the right to the Late Payment Points in the event of any change to the Payer Flex Pay Terms.
5. Early Payments and Late Payments will be determined by reference to the Invoice Date and the Payment Submission Date. You acknowledge and agree that receipt of the Invoice Amount by you can be up to three (3) business days after the Payment Submission Date (for more details – see Pay.com.au’s FAQ “How long do payments take to process?”) – you will need to take this into account in determining if the Flex Payer Terms / Late Payment Points are acceptance to you.

PAYER ELIGIBLITY AND FLEX PAYER INVOICES

6. Any Flex Payer is subject to our prior written approval, and any Flex Payer will not be approved unless they meet the eligibility conditions for a Pay.com.au Account set out in the Payment Terms. You may not issue a Flex Pay Invoice to a payer until we have approved that payer as a Flex Payer.
7. We will have prior approval over how Flex Payer Terms are included on any Flex Pay Invoice and you must include the following on every invoice: Flex Payer Terms, Invoice Due Date and Invoice Issue Date.
8. You acknowledge and agree that any Flex Payer, even once approved by us for participation in Flex Pay, must also have or open a verified Pay.com.au Account before the Flex Payer will be able to submit Payment Instructions for Eligible Payments. Pay.com.au retains sole discretion to determine initial and ongoing KYC/KYB, fraud or other compliance/risk requirements for all Pay.com.au Accounts and Payment Instructions and any refusal to verify a Flex Payer does not constitute a breach of these Terms.

FLEX PAY PAYMENTS

9. Flex Payer Terms will only apply in respect of Eligible Payments of Flex Pay Invoices submitted by Flex Payers via the Pay.com.au Platform, which are consistent with the Platform Terms (including that it is not a Prohibited Payment), where we have been provided a copy of the relevant Flex Pay Invoice no more than three (3) business days after the Invoice Issue Date.
10. If a Flex Payer submits a Payment Instruction for an Early Payment and funds are successfully remitted by the Flex Payer to Pay.com.au:
    • 1. Pay will deduct and retain the Pay Early Bonus Points Fee from the Invoice Amount and remit the balance to you in accordance with the Flex Payer’s Payment Instructions; and
      2. once Pay has successfully remitted the funds referred to under (a) above, Pay will issue the Pay Early Bonus Points to the Flex Payer’s relevant PayRewards Account.
11. If a Flex Payer submits a Payment Instruction for a Late Payment and funds are successfully remitted by the Flex Payer to Pay:
    • 1. you authorise us, on your behalf, to arrange for the Flex Payer to make payment of the applicable Late Fee to us;
      2. Pay will remit the Invoice Amount to you in accordance with the Flex Payer’s Payment Instructions; and
      3. once Pay has received the Late Fee, Pay will issue the Late Payment Points to your relevant PayRewards Account.
12. Notwithstanding the above, you acknowledge and agree that we will not be obliged to allocate PayRewards Points unless the appropriate person to which those points should be allocated under these Terms holds a valid and unsuspended PayRewards Account. In the event that Pay.com.au is unable to issue PayRewards Points in accordance with this clause, there will be entitlement to refunds for the Pay Early Bonus Points Fee or Late Fee.
13. If the Flex Payer submits a Payment Instructions but:
    • 1. Funds are not remitted to Pay.com.au successfully: Relevant Payment Instruction will be cancelled, and the Pay Early Bonus Points Fee or Late Payment Points will not be issued; and
      2. Funds are remitted to Pay.com.au successfully for the Original Invoice Amount but the Late Fee is not successfully remitted to Pay.com.au, Pay.com.au will remit the Original Invoice Amount in accordance with the applicable Payment Instruction, but will not be required to allocate the Late Payment Paye Points.
14. You acknowledge and agree that the Platform Terms and Conditions apply to all Payment Instructions – in particular you acknowledge that a Flex Payer will be entitled to cancel a Payment Instruction in accordance with clause 59 of the Platform Terms and Conditions and we determine the outcome of any such cancellation request in accordance with the Platform Terms and Conditions and otherwise in our sole discretion.
15. Notwithstanding anything in the Platform Terms and Conditions to the contrary, you acknowledge and agree that it may be possible for a Flex Payer to successfully dispute and/or reverse a Payment Instruction. If such dispute, results in return of Original Invoice Amount and/or Late Fee, then you acknowledge that we may cancel any associated Pay Early Bonus Points or Late Payment Points.

YOUR OBLIGATIONS, WARRANTIES AND INDEMNITY

16. By issuing any invoice which refers to Flex Pay, you acknowledge and agree that we provide this service to you (as the Payee) and we do not have a direct contractual relationship with any Flex Payer in respect of payment any Flex Pay Invoice or Flex Payer Terms. You acknowledge that if you have any dispute with any Flex Payer, including in relation to (i) any Flex Pay Invoice (including failure to make payment of the same) or (ii) applicable Flex Payer Terms, you are solely responsible for making a claim or resolving the matter with the Flex Payer directly. You acknowledge and agree that if a Flex Payer makes Late Payment of a Flex Pay Invoice in accordance with the Flex Payer terms (including payment of the Late Fee), you shall not make any further claims to the Flex Payer in respect of that Late Payment.
17. You also acknowledge and agree that you are not a party to the contract between us and the Flex Payer in respect of any Payment Services or other services provided by us to the Flex Payer, whether in relation to a Flex Pay Payment Instruction, or otherwise. In no circumstances are we required by these Terms to do anything that does not comply with a Flex Payer’s Payment Instructions. If there are any Fees payable by the Flex Payer in respect of the Payment Instruction, these Fees are solely payable to, and will be retained by, Pay.com.au. You acknowledge and agree that we do not have a binding agreement with any Flex Payer to make payment of the Flex Pay Invoice via the Platform, and is subject to us receiving a Payment Instruction in each case.
18. You are solely responsible for:
    • 1. prior to issuing any Flex Pay Invoice, entering into agreement with an Flex Payer which is consistent with the applicable Payer Flex Pay Terms and these Terms;
      2. ensuring that the Payer Flex Pay Terms do not constitute an unlawful penalty and do not contravene any applicable laws or regulations, including the Competition and Consumer Act 2010 (Cth); and
      3. the Invoice Due Date and any Payer Flex Pay Terms are clearly included on any Flex Pay Invoice.
19. You indemnify Pay.com.au and each of its directors, officers, shareholders, advisers, consultants, agents, employees and contractors (each an Indemnitee) against all liabilities, claims, losses and expenses (Losses) which may be incurred or suffered by the Indemnitees directly arising out of your failure to comply with these Terms, or the Flex Payer’s failure to comply with the Flex Payer Terms. Losses may include consequential losses and any legal fees incurred in defending or responding to Losses. This indemnity will not apply to the extent (and only to such extent) that Losses were incurred or suffered by an Indemnitee due to the fraud or wilful default of Pay.com.au.
20. We are not required to seek recovery or enforce any right against any other person or incur expense, loss, or damage or make any payment before enforcing a right of indemnity conferred by these Terms, but we must nevertheless take reasonable steps to mitigate any such expense, loss or damage.

CANCELLATION OF FLEX PAY

21. You acknowledge and agree that Flex Pay is a being offered on a trial basis and we may withdraw your access to this service at any time by providing notice to you (Pay Cancellation Notice). If we withdraw your access Flex Pay:
    • 1. You will notify any and all Flex Payers and will remove Flex Payer Terms from all invoices; and
      2. unless we determine such action would be unlawful, we will honour Flex Payer Terms (and any corresponding Late Payment Points) in respect of Flex Pay Invoices issued before the Cancellation Notice.
22. You may cease using Flex Pay at any time by giving us written notice (Customer Cancellation Notice). If you provide a Customer Cancellation Notice:
    • 1. You will notify any and all Flex Payers and will remove Flex Payer Terms from all invoices; and
      2. You acknowledge and agree that we will honour any Flex Payer Terms (and any corresponding Late Payment Points) in respect of Flex Pay Invoices which display Flex Payer Terms. 

GENERAL

23. Any issue or PayRewards Points under these Terms are non-refundable and the PayRewards Terms apply.
24. To the extent permitted by law, we may change these terms by providing 7 days advance notice to you. You have taken to accept these terms by issuing any Flex Pay Invoices after this date.