Terms & Conditions

 

Rhythm Factory Standard Terms & Conditions

 

Revised as at 8th December 2015

 

  1. Notice by email Any changes to terms and conditions will be notified in writing via email.
  2. Privacy Policy Rhythm Factory is bound by the Privacy Act.
  3. Payment

 

3.1 Membership By enrolling as a Member with Rhythm Factory (via online, over the phone or by completing our Direct Debit Authorisation Form), you have agreed and are bound to Rhythm Factory’s regular 4 week payment cycle, which will occur automatically via direct debit. The first direct debit will serve as prepayment for the initial 4 weeks and continue on an ongoing basis, until cancellation in writing is received with 4 weeks’ notice (refer ‘5. Departure’).  Student membership automatically rolls over to the next calendar year.

 

3.2 Casual Attendance Casual attendance is offered for every class.  Every casual class attended requires a new Casual Participation Form to be completed in class, prior to payment.  Payment must be made by exact cash, no change will be issued.  Upon attending one single class as a Casual, students are no longer applicable for Rhythm Factory’s Discounted Introductory Offer of ‘First 4 Weeks for $40, when brand new students take up Unlimited Dance Time’.

 

  1. Participation Participation in Rhythm Factory’s program is subject to full payment being received in advance. If any amount payable for your enrolment is not paid on the due date, for example due to insufficient funds or incorrect personal details, participation in the program will not be allowed until such time as the payments are up to date, and payments will continue to be charged during this time.  An administration fee of $10 will apply to each returned payment.
  2. Departure An enrolment can be cancelled at any time during the 4 week payment cycle, with a 4-week notice period required. Request to cancel must be received in writing (by completing our Cancellation Form found on our Contact Us page) and parents should expect confirmation within 4 business days. Should confirmation not be received, parents should assume the request to cancel was not received by Rhythm Factory and contact the office immediately.  Following confirmation, the student’s last 4 classes after the cancellation date must be paid for.
  3. Enrolment Enrolment with Rhythm Factory means a student has taken up Unlimited Dance Membership.  This allows students to attend any of Rhythm Factory’s classes every week.  Classes must be age appropriate.
  4. Age Appropriate Classes Rhythm Factory’s classes are specified for certain age groups: Pitter Patters for children 15 months – 2 1/2 years, Roly Polys for children 2 – 3 1/2 years, Giggly Wigglys for children 3 – 4 1/2 years and Super Shakers for children 4 – 6 years.  Students must attend an age appropriate class.  Rhythm Factory reserves the right to allow or restrict access to a class, if a student falls outside of the specified age bracket.
  5. Student Profile Each student is required to have an Online Student Profile, which includes their date of birth and a photo of the child or their parent.
  6. Home Class At the time of enrolment, every student must nominate a Home Class, which will be a class they aim to regularly attend every week.  Students can change their Home Class at any time (by completing our Home Class Form found on our Contact Us page).  As classes attended must be age appropriate, a student’s Home Class must change once they fall outside of that class’s age bracket. In addition to the Home Class, students may attend as many other Rhythm Factory classes as they like every week.
  7. Make-up policy As Rhythm Factory offers unlimited dance classes every week to all members, make-up lessons do not apply.
  8. Cancelled classes On occasion, Rhythm Factory may need to cancel a class (e.g. due to staff illness).  If this occurs for your nominated Home Class, we will apply a $10 credit to your next direct debit.  Credits or refunds will not be provided under any other circumstances.
  9. Suspension policy for Members In the case of a planned leave of absence (e.g. family holiday), students may suspend their direct debit payments for a specified period of time (up to a maximum of 6 weeks).  4 weeks’ notice is required prior to the start of suspension and direct debits will automatically be reinstated after the duration of the suspension.
  10. Class timetable Every effort will be made to adhere to the published timetable, however Rhythm Factory reserves the right to change, consolidate or alter sessions as necessary.
  11. Class Size Rhythm Factory reserves the right to restrict the size of a class and close it to additional students
  12. Teacher changes Rhythm Factory reserves the right to alternate teachers when required.  Every effort will be made to provide a regular teacher for each specific class, however this cannot be guaranteed and replacement teachers will be used as necessary.
  13. Venue changes Rhythm Factory reserves the right to relocate classes to different venues as required, from time to time.
  14. Change of details You must keep Rhythm Factory informed of any change of address or email, contact numbers, bank account and credit card details for payment and any other information relevant to your enrolment.
  15. No refunds All payments are non-refundable and non-assignable, except where required by your statutory rights.
  16. Supervision and personal injury Children must not be left at the venue without active parent or guardian supervision.  Parents and guardians are responsible for the well being and care of their child and must administer any first aid they may require.  Although Rhythm Factory will take all due care, in the event of accidents no responsibility will be accepted.
  17. Student numbers There is no class size minimum or maximum.
  18. Communication Rhythm Factory will communicate with you primarily via digital means (such as mobile text, digital media or email). Should a Home Class be cancelled or delayed for any reason, a text message will be sent to the contact mobile phone number provided. Should a customer opt out of marketing communication this message cannot be sent.  It is members’ responsibility to refer to the Rhythm Factory website for any timetable changes which may occur.
  19. Photography By attending our classes, you give permission for the staff or those authorised by Rhythm Factory, to photograph or video your child for training and promotional purposes. These photos and/or footage may be used in future advertising and posted on digital media. Parents and friends of students present in class are also permitted to take photos or video footage. Should a parent not wish for their child’s image to be featured by Rhythm Factory in promotional campaigns, the parent must complete an ‘Opt Out’ form found on our Contact Us page. Casuals are not eligible to opt out.
  20. Public Holidays and Company Holiday Classes will not be held during public holidays and Rhythm Factory closes over the Christmas/New Year period. Dates of closure will normally be published by end September.  On occasion, venues may be closed for a week due to staff annual leave, in the event that a substitute teacher cannot be found.  Every effort will be made to give 4 weeks’ notice of this occurring and your direct debit payment will be adjusted accordingly.
  21. The Ezidebit DDR Service Agreement (Ver 3.1) forms part of these Terms & Conditions.

 

 

 

Ezidebit

 

DDR Service Agreement (Ver 1.3)

 

I/We hereby authorise Ezidebit Pty Ltd ACN 096 902 813 (Direct Debit User 10 number 165969) (herein referred to as “Ezidebit” to make periodic debits on behalf of the “Business” as Indicated on the attached Direct Debit Request (herein referred to as “the Business”).

 

 

 

I/We acknowledge that Ezidebit is acting as a Direct Debit Agent for the Business and that Ezidebit does not provide any goods or services (other than the direct debit collection services to me/us for the Business pursuant to the Direct Debit request and this DDR Service Agreement) and has no express Of implied liability in regards to the goods and services provided by the Business or the terms and conditions of any agreement that I/We have with the Business.

 

 

 

I/We acknowledge that the debit amount will be debited from my/our account according to the terms and conditions of my/our agreement with the Business and the terms and conditions of the Direct Debit Request (and specifically the Debit Arrangement and the Fees/Charges detailed in the Direct Debit Request) and this DDR Service Agreement.

 

 

 

I/We acknowledge that bank account and/or credit card details have been verified against a recent bank statement to ensure accuracy of the details provided and I/We will contact my/our financial institution if I/We are uncertain of the accuracy of these details.

 

 

 

I/We acknowledge that is my/our responsibility to ensure that there are sufficient cleared funds in the nominated account by the due date to enable the direct debit to be honoured on the debit date. Direct debits normally occur overnight, however transactions can take up to three (3) business days depending on the financial institution.

 

Accordingly, I/We acknowledge and agree that sufficient funds will remain in the nominated account until the direct debit amount has been debited from the account and that if there are insufficient funds available, I/We agree that Ezidebit will not be held responsible for any fees and charges that may be charged by either my/our or its financial institution.

 

 

 

I/We acknowledge that there may be a delay in processing the debit jf:-

 

(1) there Is a public or bank holiday on the day of the debit, or any day after the debit date;

 

(2) a payment request is received by Ezidebit on a day that is not a banking business day in Queensland;

 

(3) a payment request Is received after normal Ezidebit cut off times, being 4:00pm Queensland time, Monday to Friday.

 

Any payments that fall due on any of the above will be processed on the next business day.

 

 

 

l/We authorise Ezidebit to vary the amount of the payments from time to time as may be agreed by me/us and the Business as provided for within my/our agreement with the Buslness. l/We authorise Ezidebit to vary the amount of the payments upon receiving instructions from the Business of the agreed variations. I/We do not require Ezidebit to notify me/us of such variations to the debit amount.

 

 

 

I/We acknowledge that Ezidebit is to provide at least 14 days’ notice if it proposes to vary any of the terms and conditions of the Direct Debit Request or this DDR Service Agreement Including varying any of the terms of the debit arrangements between us.

 

 

 

I/We acknowledge that I/We will contact the Business if I/We wish to alter or defer any of the debit arrangements.

 

 

 

I/We acknowledge that any request by me/us to stop or cancel the debit arrangements will be directed to the Business.

 

 

 

I/We acknowledge that any disputed debit payments will be directed to the Business and/or Ezidebit. lf no resolution is forthcoming, I/We agree to contact my/our financial institution.

 

 

 

I/We acknowledge that if a debit is returned by my/our financial institution as unpaid, a failed payment fee is payable by me/us to Ezidebit. l/We will also be responsible for any fees and charges applied by my financial institution for each unsuccessful debit attempt together with any collection fees, including but not limited to any solicitor fees and/or collection agent fee as may be incurred by Ezidebit.

 

 

 

I/We authorise Ezidebit to attempt to re -process any unsuccessful payments as advised by the Business.

 

 

 

I/We acknowledge that certain in fees and charges (including setup, variation, SMS or processing fees) may apply to the Direct Debit Request and may be payable to Ezidebit and subject to my/our agreement with the Business agree to pay those fees and charges to Ezidebit.

 

 

 

You appoint Ezidebit as your exclusive agent with regard to the control, management and protection of your personal information (relating to the Business and contained in this DDR Service Agreement). You irrevocably authorise Ezidebit to take all necessary action (which we deem necessary) to protect your personal information, including (but not limited to) prohibiting the release to or access by third parties without our consent.

 

 

 

You hereby irrevocably authorise, direct and instruct any third party who holds/stores keeps your personal information (relating to the Business and contained in this DDR Service Agreement) to release and provide such information to Ezidebit on our written request.

 

 

 

Credit Card Payments

 

I/We acknowledge that “Ezidebit”- will appear as the merchant for all payments from my/our credit card. I/We acknowledge and agree that Ezidebit will not be held liable for any disputed transactions resulting in the non supply of goods and/or services and that all disputes will be directed to the Business as Ezidebit is acting only as a Direct Debit Agent for the Business. IMe acknowledge and agree that in the event that a claim is made, Ezidebit will not be liable for the refund of any funds and agree to reimburse

 

Ezidebit for any successful claims made by the Card Holder through their financial institution against Ezidebit.

 

 

 

Ezidebit will keep your information about your nominated account at the financial institution private and confidential unless this Information is required to investigate a claim made relating to an alleged incorrect or wrongful debit, or as otherwise required by law. Further information relating to Ezidebit’s Privacy Policy can be found at www.ezidebit.com.au

 

I/We acknowledge that Credit Card Fees are a minimum of the Transaction Fee or the Credit Card Fee, whichever is greater as detailed on the Direct Debit Request.

 

 

 

l/We authorise:

 

a) Ezidebit to verify details of my/our account with my/our financial institution; and

 

b) my/our financial Institution to re lease information allowing Ezidebit to verify my/our account details

 

 

 

Po Box 3327

 

Newstead, QLD 4006

 

Ph: (07) 31245500 Fax: (07) 3124 5555