The American Express Corporate
Account Agreement and Application Form
– Australia
S/C:
PD1Ø7ØØ2Ø1
4. DIRECTORS SECTION
If Australian Proprietary Company/Registered Foreign Company/Unregistered
Foreign Company/Trustee Company list name(s) of all Directors. If more than
8 Directors, please provide on a separate Company letter head document signed
by the Decision Maker.
1. Full Name – Director 1
Residential Address – Director 1
City
State
Postcode
Date of birth
D D
/
M M
/
Y Y Y Y
2. Full Name – Director 2
Residential Address – Director 2
City
State
Postcode
Date of birth
D D
/
M M
/
Y Y Y Y
Please complete the following form in conjunction with your American Express representative.
Sign it and return it to your American Express representative
All fields are MANDATORY and must be completed in black pen and BLOCK LETTERS.
Application Form P1 of 8
3. CORPORATE DETAILS
Company Name (in full, as per registered ABN Entity Name, maximum 40 characters)
Trading Name (if different to above)
Company Name to appear on Card and Reporting (maximum 24 characters)
Registered Office Address (as registered with ASIC)
City
State
Postcode
Principal Place of Business (if different from above)
City
State
Postcode
Same as Business Address
Mailing Address (if different from Address)
City
State
Postcode
Telephone Number
–
1. EXISTING CUSTOMERS
Corporate Details
Entity Name
MCA Reference
Existing American Express Customers only need to complete Section 8, Section 18
and all relevant Product sections.
2. PRODUCT TYPE
Please select the product/s you are applying for Choose liability*
American Express Corporate Card
Corporate
Combined
American Express Qantas Corporate Card
Corporate
Combined
Your Company will be enrolled into the Qantas Business Rewards Program using the
ABN listed in your application.
Your Company will receive TRIPLE Qantas Points for business, for more information
please review the TRIPLE Qantas Points for business benefit terms and conditions at
www.americanexpress.com.au/mypa.
Please select plastic colour/s
Green Gold Platinum
Corporate Purchasing Card
Corporate
Corporate Meeting Card
Corporate
Business Travel Account (BTA) Corporate
Buyer Initiated Payments (BIP) Corporate
American Express vPayment Corporate
American Express Go Corporate
* Please refer to Clause 5(a) and (b) of the attached terms and conditions for a
description of these liability types.
OR
3. CORPORATE DETAILS (CONT.)
What type of Company? Proprietary Public
What is your legal entity type?
Australian Company Co-operative*
Partnership* Incorporated Association*
Registered Foreign Company Unincorporated Association*
Unregistered Foreign Company Trustee of a Trust* – If so, please also
complete Section 7
Government Body
Other
* Note: For non-Company and Trustees, please provide certified establishing documents
(e.g. Trust deeds, Partnership agreement etc). Certifier should print their name, sign, date and
include their qualific
ation and registered number on the document.
Industry or Nature of Business
Number of Employees
Business Registration No. ABN
(please ensure your ABN No is correct and must be 11 characters)
ACN
ARBN/CO-OP/ASSOC ID/Foreign Issued ID
Country/State/Territory of establishment/incorporation
AEX9559 07/20
Application Form P2 of 8
5. BENEFICIAL OWNERS OF THE COMPANY
1
American Express Australia Limited is required by law to gather the following
information about the beneficial ownership of your Company. We will not be able
to process your application without it.
American Express Australia Limited will use the information provided to carry out
further identification and verification checks.
Please note we may need to contact you for additional information.
Parent Company name (maximum 40 characters)
Parent Company location
City
State
Postcode
If your Company is listed on a recognised Stock Exchange, please provide the
Stock Exchange name.
Please provide the details of all individual Beneficial Owners. Refer to Notes/
Definitions in Section 20.
Where beneficial ownership structure is complex, a structure diagram should be
provided on Company letterhead paper showing percentage ownership.
Beneficial Owner Role
Shareholder Senior Management (e.g. CEO, CFO) Other
1. Full Name – Beneficial Owner 1
Residential Address – Beneficial Owner 1
City
State
Postcode
Date of birth
D D
/
M M
/
Y Y Y Y
Percentage of ownership (if applicable)
Beneficial Owner Role
Shareholder Senior Management (e.g. CEO, CFO) Other
2. Full Name – Beneficial Owner 2
Residential Address – Beneficial Owner 2
City
State
Postcode
Date of birth
D D
/
M M
/
Y Y Y Y
Percentage of ownership (if applicable)
Beneficial Owner Role
Shareholder Senior Management (e.g. CEO, CFO) Other
3. Full Name – Beneficial Owner 3
Residential Address – Beneficial Owner 3
City
State
Postcode
Date of birth
D D
/
M M
/
Y Y Y Y
Percentage of ownership (if applicable)
4. DIRECTORS SECTION (CONT.)
3. Full Name – Director 3
Residential Address – Director 3
City
State
Postcode
Date of birth
D D
/
M M
/
Y Y Y Y
4. Full Name – Director 4
Residential Address – Director 4
City
State
Postcode
Date of birth
D D
/
M M
/
Y Y Y Y
5. Full Name – Director 5
Residential Address – Director 5
City
State
Postcode
Date of birth
D D
/
M M
/
Y Y Y Y
6. Full Name – Director 6
Residential Address – Director 6
City
State
Postcode
Date of birth
D D
/
M M
/
Y Y Y Y
7. Full Name – Director 7
Residential Address – Director 7
City
State
Postcode
Date of birth
D D
/
M M
/
Y Y Y Y
8. Full Name – Director 8
Residential Address – Director 8
City
State
Postcode
Date of birth
D D
/
M M
/
Y Y Y Y
AEX9559 07/20
Application Form P3 of 8
6. OTHER ENTITY TYPES SECTION (CONT.)
Beneficial Owner Role
2. Full Name – Beneficial Owner 2
Residential Address – Beneficial Owner 2
City
State
Postcode
Date of birth
D D
/
M M
/
Y Y Y Y
Beneficial Owner Role
3. Full Name – Beneficial Owner 3
Residential Address – Beneficial Owner 3
City
State
Postcode
Date of birth
D D
/
M M
/
Y Y Y Y
Beneficial Owner Role
4. Full Name – Beneficial Owner 4
Residential Address – Beneficial Owner 4
City
State
Postcode
Date of birth
D D
/
M M
/
Y Y Y Y
If there are more than 4 Beneficial Owners, please provide on a separate Company
letterhead document signed by the Decision Maker.
If a Foreign Company, please confirm if the Company is registered by a foreign
registration body
YES
N0
(note this may be in addition to Australian registration)
If Yes please confirm if the Company is registered as
private
public or
other
(please specify).
Please also complete Section 5.
If Unregistered Foreign Company, state the full address of principal place of
business in its Country of formation or incorporation:
Principal Place of Business Address
Province/State
Zip/Postcode
Country
Please also complete Section 5
5. BENEFICIAL OWNERS OF THE COMPANY
1
(CONT.)
Beneficial Owner Role
Shareholder Senior Management (e.g. CEO, CFO) Other
4. Full Name – Beneficial Owner 4
Residential Address – Beneficial Owner 4
City
State
Postcode
Date of birth
D D
/
M M
/
Y Y Y Y
Percentage of ownership (if applicable)
Beneficial Owner Role
Shareholder Senior Management (e.g. CEO, CFO) Other
5. Full Name – Beneficial Owner 5
Residential Address – Beneficial Owner 5
City
State
Postcode
Date of birth
D D
/
M M
/
Y Y Y Y
Percentage of ownership (if applicable)
Beneficial Owner Role
Shareholder Senior Management (e.g. CEO, CFO) Other
6. Full Name – Beneficial Owner 6
Residential Address – Beneficial Owner 6
City
State
Postcode
Date of birth
D D
/
M M
/
Y Y Y Y
Percentage of ownership (if applicable)
If there are more than 6 Beneficial Owners, please provide on a separate Company
letterhead document signed by the Decision Maker.
6. OTHER ENTITY TYPES SECTION
• If Partnership, please provide the details of all individual Beneficial Owners.
Refer to Notes/Definitions in Section 20. This includes Managing Partners and
Controlling Partners.
• If Association or Co-operative, please provide the details of all individual
Beneficial Owners. Refer to Notes/Definitions in Section 20. This includes the
Chairman, Secretary, Treasurer and Public Officer.
Beneficial Owner Role
1. Full Name – Beneficial Owner 1
Residential Address – Beneficial Owner 1
City
State
Postcode
Date of birth
D D
/
M M
/
Y Y Y Y
7. TRUST SECTION
COMPLETE THIS SECTION ONLY IF THE COMPANY IS A TRUSTEE OF A TRUST
An American Express representative will contact you to collect a certified copy of the
Trust deed.
Trust Name
Type of Trust (e.g. Family, Unit, Discretionary)
Trading Name
Country where the Trust was established:
AEX9559 07/20
8. COMPANY CONTACT DETAILS
Authorised Signatory
2
(for future Application authorisation)
Full Name
Position
Mailing Address (if different from Company Address)
City
State
Postcode
Telephone Number
–
Application Form P4 of 8
7. TRUST SECTION (CONT.)
Please provide the details of all individual Beneficial Owners. Refer to Notes/Definitions
in Section 20.
Beneficial Owner Role
Beneficiary* Appointer Other
Full Name – Beneficial Owner 1
Residential Address – Beneficial Owner 1
Date of birth
D D
/
M M
/
Y Y Y Y
Beneficial Owner Role
Beneficiary* Appointer Other
Full Name – Beneficial Owner 2
Residential Address – Beneficial Owner 2
Date of birth
D D
/
M M
/
Y Y Y Y
Beneficial Owner Role
Beneficiary* Appointer Other
Full Name – Beneficial Owner 3
Residential Address – Beneficial Owner 3
Date of birth
D D
/
M M
/
Y Y Y Y
Beneficial Owner Role
Beneficiary* Appointer Other
Full Name – Beneficial Owner 4
Residential Address – Beneficial Owner 4
Date of birth
D D
/
M M
/
Y Y Y Y
If there are more than 4 Beneficial Owners, please provide on a separate Company
letterhead document signed by the Decision Maker.
REMEMBER ALSO COMPLETE ALL OF SECTION 3, SECTION 4 – DIRECTOR
DETAILS AND SECTION 5 – BENEFICIAL OWNERS FOR THE TRUSTEE COMPANY
If there is more than one Trustee please provide their name and address on a
separate page, signed by the Decision Maker.
* If the Beneficiaries are described in the Trust Deed by reference to a class, please
provide the description of each class of Beneficiary on a separate page, signed by
the Decision Maker.
8. COMPANY CONTACT DETAILS (CONT.)
We need an email address to send the Company changes to the Terms and
Conditions, servicing and marketing communications from American Express.
Business Email Address
Authorised Signatory’s Signature
✘
Date
D D
/
M M
/
Y Y Y Y
Additional Authorised Signatory
2
(recommended)
Full Name
Position
Mailing Address (if different from Company Address)
City
State
Postcode
Telephone Number
–
We need an email address to send the Company changes to the Terms and
Conditions, servicing and marketing communications from American Express.
Business Email Address
Authorised Signatory’s Signature
✘
Date
D D
/
M M
/
Y Y Y Y
Master Program Administrator
3
Full Name
Position
Mailing Address (if different from Company Address)
City
State
Postcode
Telephone Number
–
We need an email address to send the Company changes to the Terms and
Conditions, servicing and marketing communications from American Express.
Business Email Address
Do you have an existing @ Work User ID?
YES NO
If Yes, please provide your User ID
If No, please provide your day and month of birth. You will be prompted to
enter this as authentication when completing your online registration to
American Express @ Work.
D
D
/
M
M
Corporate ID
4
(please provide the CID to gain access)
AEX9559 07/20
Application Form P5 of 8
8. COMPANY CONTACT DETAILS (CONT.)
Program Administrator
5
(recommended)
Full Name
Position
Mailing Address (if different from Company Address)
City
State
Postcode
Telephone Number
–
We need an email address to send the Company changes to the Terms and
Conditions, servicing and marketing communications from American Express.
Business Email Address
9. ACCOUNT SET UP DETAILS – CORPORATE CARD PROGRAMS, CORPORATE
PURCHASING CARD AND CORPORATE MEETING CARD
(FOR BUSINESS TRAVEL ACCOUNT SET UP please go to Section 15)
Billing Method
6
Company Card Member
Payment Options
7
Company Card Member
#
Payment Method
Company Direct Debit^
Electronic Funds Transfer
#
Note payment options below are available only to Corporate Card Programs which have the
Card Member payment option ticked above.
BPAY Individual Direct Debit^ Individual Pay Online
^ A separate form will be required for Company Direct Debit and Individual Direct Debit.
How is the annual Card fee billed?
Centrally to a separate cost centre
To appear on Card Member’s statement
Note: If Annual Card Fee is to be billed separately to a cost centre, it means that the Company is
assuming Corporate Liability on the Annual Card Fees.
If annual Card fees are requested centrally, please complete Recipient details
Full Name
Position
Recipient’s Street Address
City
State
Postcode
Telephone Number
–
We need an email address to send the Company changes to the Terms and
Conditions, servicing and marketing communications from American Express.
Business Email Address
Common Anniversary Date
8
Ye s
If Yes, which month?
Nominate Ideal Date of Month for Billing Period to End
9
Billing Date
In which month does the Company’s Financial Year start?
Card Distribution Central – New Only Central – Renewal and Replacement
Central – All Cards To Card Member’s Billing Address
9. ACCOUNT SET UP DETAILS – CORPORATE CARD PROGRAMS, CORPORATE
PURCHASING CARD AND CORPORATE MEETING CARD (CONT.)
(FOR BUSINESS TRAVEL ACCOUNT SET UP please go to Section 15)
If central Card distribution is requested, please complete Recipient details
Full Name
Position
Recipient’s Mailing Address
City
State
Postcode
Telephone Number
–
We need an email address to send the Company changes to the Terms and
Conditions, servicing and marketing communications from American Express.
Business Email Address
10. AMERICAN EXPRESS vPAYMENT & AMERICAN EXPRESS GO
Billing Method
6
Company
Payment Options
7
Company
Payment Method
Company Direct Debit^
Electronic Funds Transfer
^ A separate form will be required for Company Direct Debit.
11. OTHER SERVICES – CORPORATE CARD PROGRAMS ONLY
Cash
^
^ Cash on the Card is only applicable to Corporate Card Programs and a separate application
form will be required to be completed.
Licensed Software*
##
Secure File Transfer (SFT)
10
Data Feeds
##
GL-1025 Corporate Card Data Feed
##
Daily Monthly
The GL-1025 data file contains comprehensive transactional data and facilitates the population
of your finance or expense management system to aid reconciliation. Data is provided in a
structured format on a daily or monthly basis and delivered through secure channels.
GL-1205 Card Member Listing Data Feed
##
Daily Monthly
The GL-1205 Card Member file contains details of existing Cards within the Card program and
is ideally used as a pre load file to finance, expense management, or MI system. Data is provided
in a structured format on a monthly basis and delivered through secure channels.
* Please ensure you complete the separate licensed software form.
## Fees may apply.
AEX9559 07/20
15. BUSINESS TRAVEL ACCOUNT (BTA) SET UP ONLY
To set up a Business Travel Account please complete the following
Name of your Travel Management Company (TMC)
Address of your TMC
City
State
Postcode
TMC
ABN
(Please ensure your ABN No is correct and must be 11 characters)
TMC Code
6
0
Travel Office Code
210
Air Spend Domestic AUD (per annum)
International AUD (per annum)
Total AUD (per annum)
BTA Account to be set up for the following commodity types
Tick
(3)
below to indicate the commodity type
Note: A separate BTA is required for each commodity.
Air Car Hotel
How many BTA accounts do you require?
If you have indicated above that you require more than one (1) BTA account
and the reporting information requirements or statement recipient details
differs for each BTA account, then you will be required to complete a
separate Section 15 for each BTA account. Please copy this Section 15 and
complete for each account required.
Reporting Information for Companies
1. Will the BTA be incorporated into your existing Corporate Card structure?
YES NO
2. If Yes, what is your highest level Corporate ID number?
Payment Method
3. How does your Company intend to pay the BTA?
Electronic Funds Transfer
Direct Debit
4. BTA Set-up Name (Maximum 30 characters including spaces)
5. BTA to be linked to a BCA Complete CID only if multiple
BTAs are to be linked to 1 BCA
6. CID to be linked to Corporate Card Complete only
if to be linked into existing Corporate Card structure
7. Nominate Ideal Date of Month for Billing Period to End
9
Billing Date
8. First Month of Financial Year
9. Customer Reference Fields
You can have up to four Customer Reference Fields. Please select what reference
fields you require and provide an example.
9(a). Customer Reference 1 (maximum 20 characters including spaces)
American Express Internal reporting; Customer Reference Standard.
9(b). Customer Reference 2 (maximum 20 characters including spaces)
American Express Internal reporting; Trip Requisition.
9(c). Customer Reference 3 (maximum 45 characters including spaces)
American Express Internal reporting; Customer Reference Enhanced.
9(d). Customer Reference 4 (maximum 20 characters including spaces)
American Express Internal reporting; Job Number.
Application Form P6 of 8
12. CORPORATE MEETING CARD SET UP ONLY
Agreement Start Date
D D
/
M M
/
Y Y Y Y
Accounts Requested
Plastic – Individual
Non Plastic – Individual
Non Plastic – Departmental
Licensed Software*
##
CAR (Corporate Account Reconciliation)
11
Secure File Transfer (SFT)
10
Data Feeds
##
GL-1025 Corporate Card Data Feed Daily Monthly
The GL-1025 data file contains comprehensive transactional data and facilitates the population
of your finance or expense management system to aid reconciliation. Data is provided in a
structured format on a daily or monthly basis and delivered through secure channels.
GL-1205 Card Member Listing Data Feed Daily Monthly
The GL-1205 Card Member file contains details of existing Cards within the Card program and
is ideally used as a pre load file to finance, expense management, or MI system. Data is provided
in a structured format on a monthly basis and delivered through secure channels.
* Please ensure you complete the separate licensed software form.
## Fees may apply.
13. CORPORATE PURCHASING CARD SET UP ONLY
Agreement Start Date
D D
/
M M
/
Y Y Y Y
Accounts Requested
Plastic – Individual
Non Plastic – Individual
Non Plastic – Departmental
Licensed Software*##
CAR (Corporate Account Reconciliation)
11
Secure File Transfer (SFT)
10
Data Feeds
##
GL-1025 Corporate Card Data Feed Daily Monthly
The GL-1025 data file contains comprehensive transactional data and facilitates the population
of your finance or expense management system to aid reconciliation. Data is provided in a
structured format on a daily or monthly basis and delivered through secure channels.
GL-1205 Card Member Listing Data Feed Daily Monthly
The GL-1205 Card Member file contains details of existing Cards within the Card program and
is ideally used as a pre load file to finance, expense management, or MI system. Data is provided
in a structured format on a monthly basis and delivered through secure channels.
* Please ensure you complete the separate licensed software form.
## Fees may apply.
14. BUYER INITIATED PAYMENTS (BIP) SET UP ONLY*
Agreement Start Date
D D
/
M M
/
Y Y Y Y
Accounts Requested
Non Plastic – Departmental
Licensed Software*##
CAR (Corporate Account Reconciliation)
11
Secure File Transfer (SFT)
10
Data Feeds
##
GL-1025 Corporate Card Data Feed Daily Monthly
The GL-1025 data file contains comprehensive transactional data and facilitates the population
of your finance or expense management system to aid reconciliation. Data is provided in a
structured format on a daily or monthly basis and delivered through secure channels.
GL-1205 Card Member Listing Data Feed Daily Monthly
The GL-1205 Card Member file contains details of existing Cards within the Card program and
is ideally used as a pre load file to finance, expense management, or MI system. Data is provided
in a structured format on a monthly basis and delivered through secure channels.
* Please ensure you complete the separate licensed software form.
## Fees may apply.
AEX9559 07/20
Application Form P7 of 8
15. BUSINESS TRAVEL ACCOUNT (BTA) SET UP ONLY (CONT.)
10(a). e-Data Required at Account level (additional Set-Up Forms to be completed)
Tick (3) if you require Monthly only or if you require EITHER Daily or Weekly in
addition to your Monthly file
Monthly Monthly and Daily Monthly and Weekly
10(b). Consolidated e-Data at Hierarchy levels (additional Set-Up Forms to be
completed)
Tick (3) if you require consolidated e-Data at a hierarchy level
YES
11(a). Primary Statement Recipient
Full Name
Telephone Number
Mailing Address
City
State
Postcode
We need an email address to send the Company changes to the Terms and
Conditions, servicing and marketing communications from American Express.
Business Email Address
I would like to enrol for BTA Reports
YES NO
Spend Comparison Report DHTML
Airline Usage Report DHTML
Trip Requisition Analysis DHTML
Traveller Analysis Report DHTML
Customer Reference Analysis DHTML
Top 10 Air Routings Report DHTML
Do you have an existing @ Work User ID?
YES NO
If Yes, please provide your User ID
If No, please provide your day and month of birth. You will be prompted
to enter this as authentication when completing your online registration
to American Express @ Work.
D
D
/
M
M
11(b). Additional Statement Recipient
Full Name
Telephone Number
Mailing Address
City
State
Postcode
We need an email address to send the Company changes to the Terms and
Conditions, servicing and marketing communications from American Express.
Business Email Address
I would like to enrol for BTA Reports
YES NO
Spend Comparison Report DHTML
Airline Usage Report DHTML
Trip Requisition Analysis DHTML
Traveller Analysis Report DHTML
Customer Reference Analysis DHTML
Top 10 Air Routings Report DHTML
Do you have an existing @ Work User ID?
YES NO
If Yes, please provide your User ID
If No, please provide your day and month of birth. You will be prompted
to enter this as authentication when completing your online registration
to American Express @ Work.
D
D
/
M
M
17. VERIFYING YOUR IDENTITY
American Express needs to verify your identity to comply with the Anti-Money Laundering
and Counter-Terrorism Financing Act 2006. We will attempt to electronically verify your
identity based on the details in your application and available electronic registers. However,
if this is unsuccessful, you agree that you will provide us with satisfactory documentary
evidence to allow us to verify your identity.
16. American Express OFFICE USE ONLY – BTA
SURNAME
TRAVEL ACCOUNT
SIGN
Y
FIRST
BUSINESS
PROC
6
DELIV
XXX
PROD
059
CARD DESIGN TYPE
000005
FEE
0
TEAM
6
BILL IND
C
REV
7
SCODE
PD1Ø7ØØ2Ø1
MAC
AML
E
18. AGREEMENT SIGNATURE
TO: AMERICAN EXPRESS AUSTRALIA LIMITED
The Entity named above (“You”) requests that American Express Australia Limited provide the
Corporate Payment products (“Accounts”) elected in this application. The undersigned officer
has read the attached Terms and Conditions and agrees that on your behalf you will be bound
by them and liable for charges in accordance with these Terms and Conditions.
You authorise American Express Australia Limited to contact your bankers or any other sources
and/or reports, in relation to our organisation including from, but not limited to, credit reporting
or other similar agencies for the purpose of identity verification of individuals named by us
(whether in this application or otherwise) or identified by American Express before, during or
after providing services to us to establish the chosen Accounts. You agree that a microfilmed or
other reproduction of this form may be produced by American Express as evidence of your
request to open the chosen Account(s). The undersigned warrants to American Express that
he/she is duly authorised by you to open the chosen Account(s) in the name of the above
entity in his/her capacity as (PLEASE TICK ONE):
Director, if a Company, including where Company is a Trustee
Partner, if a Partnership
Chairperson, Secretary, or Treasurer if an Association/Co-operative
Other (Please specify role):
If the Company is a Trustee, the Trustee enters into this Agreement in its own right and
as trustee of the Trust.
Full Name
Position
Company Name (maximum 40 characters)
(As per registered ABN Entity Name)
Decision Maker’s Address
12
City
State
Postcode
Telephone Number
–
We need an email address to send the Company changes to the Terms and
Conditions, servicing and marketing communications from American Express.
Business Email Address
Before you submit this form, check that you have provided true and correct
information. It is an offence under the Anti-Money Laundering and Counter-Terrorism
Financing Act 2006 to knowingly provide false, incomplete or misleading information.
Decision Maker’s Signature
12
✘
Date
D D
/
M M
/
Y Y Y Y
AEX9559 07/20
Application Form P8 of 8
American Express Australia Limited ABN 92 108 952 085
®
Registered Trademark of American Express Company.
20. NOTES/DEFINITIONS
1. Beneficial Owner – An individual with at least 25% ownership or an individual deemed
to have beneficial control of the Company. Beneficial control refers to the means of
exercising direct or indirect control including but not limited to the capacity to significantly
influence financial decisions, operating policies or the appointment/dismissal of a senior
managing official of the Company. Such control may be by means of trusts, agreements,
arrangements, understanding or practices, whether or not having legal or equitable force.
2. Authorised Signatory – An authorised signatory is authorised to approve and countersign
various agreements such as Card Applications, Corporate Cash enrolment etc, or request
changes to the Account.
3. Master Program Administrator – The central point of contact for American Express
program management within the Company and:
(i) is authorised by the Company to maintain and enquire on American Express
Account(s);
(ii) is the first point of contact if authorisation is required for certain maintenance
requests;
(iii) will oversee all other employees with permissions to transact on behalf of their Card
programs in @ Work; and
(iv) subject to the terms set out in this Agreement, will have default access and will
be authorised to approve or edit @ Work Program Management, Apply for Card,
Corporate Membership Rewards®, Corporate Online Payments and Reporting
permissions to other employees within the company.
4. Corporate ID – This is a 15 digit number that identifies all accounts within the same
cost centre.
5. Program Administrator – Additional corporate contact who is authorised by the Company
to maintain and enquire on the account. Also has access to @ Work Services.
6. Billing Method – You can choose whether the Company or the Card Member receives the
monthly Corporate Card statement
7. Payment Options – Who will be paying the monthly Corporate Card statement? Whoever
receives the monthly statement will be contacted if the Corporate Card Account becomes
overdue. Choose one option only.
8. Common Anniversary Date – Do you want all Card fees for the Company to be billed
in the same month, if so, when?
9. Ideal Date of Month for Billing Period to End – Please consult with your
American Express representative regarding which Billing Date you wish to receive your
Corporate Card statements.
10. Secure File Transfer (SFT) – A protocol used to transfer data between the Company and
American Express.
11. CAR (Corporate Account Reconciliation) – A web-based reconciliation solution that
eliminates the need for paper reconciliation.
12. Decision Maker – An individual who is responsible for initial talks with American Express,
this individual can discuss how the Company will be setup, signs the original contract and
can request changes to the recipient of any applicable rebate.
21. AMERICAN EXPRESS OFFICE USE ONLY
Sales Code
Sales Database ID
Hot Stamp ID
Salesperson’s Name
Telephone Number
–
Email Address
Existing Client LCA#
MR Client Preference No MR
CMR
CM MR
CMR and CM MR
Sales Channel CAD OBT MM – Field Sales
MM – CAT LM – Field Sales LM – ADM
GCG Multinational
Market Segment MM LM GCG MNC
Metcash Ye s No
Sales Source
1. Internal
existing relationship or client contact initiated by American Express
2. External
identified by non-American Express sales eg external sales agent,
terminal provider, etc
3. Unsolicited
telesales (inbound & outbound)
Number of Applications submitted
Date sent
D D
/
M M
/
Y Y Y Y
Date received
D D
/
M M
/
Y Y Y Y
21. AMERICAN EXPRESS OFFICE USE ONLY (CONT.)
Annual Fee Scheme (Please tick all product types under the preferred product line/s.)
Product Type Non Standard Sliding Scale Fixed Amount
1. Corporate (AECC)
a. Green
$
b. Gold
$
c. Platinum
2. Cobrand
a. Green
$
b. Gold
$
c. Platinum
3. CPC
a. Plastic
$
b. Non-Plastic
$
4. CMC
a. Plastic
$
b. Non-Plastic
$
5. B
TA
6. Metcash
7. BIP
$
19. MARKETING
If you wish to opt out of marketing at a Company level please contact your
American Express Representative or call 1300 366 296.
AEX9559 07/20
Conditions P1 of 7
This Australian Global Commercial Services Agreement is between American Express
Australia Limited ABN 92 108 952 085 (“we”, ”us”, ”our” and “American Express”)
and the Company named in the attached Account Application (“you”, ”your” and “the
Company”) and governs your use of the Account(s) in Australia. This Agreement sets
out the terms and conditions under which we provide American Express Global
Commercial Services in Australia and governs your use of the Accounts selected in
the Account Application which forms part of this Agreement.
Before you use any American Express Global Commercial Services’ product or
service, please read these conditions thoroughly. If you use any Account or Card, you
will be agreeing to these conditions and they will govern your use of the Account or
Card. If you do not wish to use the Account or Card, please notify American Express
in writing by registered mail on your letterhead signed by an authorised person, to:
American Express Australia Limited, Customer Service – Corporate Card, GPO Box
5087, Sydney NSW Australia 2001.
A: General Provisions
1. Definitions: the following definitions are used throughout this document:
‘Account(s)’: your American Express Corporate Card Account, Corporate Meeting
Card Account, Corporate Purchasing Card Account, American Express Virtual
Payment Account, as selected in the Account Application.
‘Account Application’: means the attached Account Application completed by the
Company, which forms part of this Agreement.
‘Account Limit’: a limit applicable to the Company Account or the aggregate of all
or a subset of Card Member Accounts, being the maximum amount that can be
outstanding at any time.
‘Affiliate’: any entity that controls, is controlled by, or is under common control with
the relevant party, including its subsidiaries.
‘Agreement’: these Terms and Conditions, as distinct from the separate Card
Member terms and conditions that are agreed separately and independently
between Card Members and us.
‘American Express Go facility’ or ‘Amex Go facility’: a facility which allows
authorised employees and non-employees of Company to receive and use
Virtual Account Numbers from Company via the proprietary American Express
mobile app “Amex Go” (“Amex Go app”).
‘American Express vPayment Facilitator’: means the third party chosen by the
Company, American Express or nominated by the Company’s Travel Management
Company (“TMC”), being either Troovo Technologies Pty Ltd, Coupa Software Inc.
and/or Conferma Limited, to act as the third party’s agent to facilitate its
American Express vPayment or BTA with Virtual Payments transaction.
‘American Express vPayment facility’ or ‘Amex vPayment facility’: a facility that
enables Company to make payments to Merchants via specific use Virtual
Account Numbers.
‘American Express Virtual Payment Account’ or ‘Virtual Payment Account’:
an account that enables the Company (including its designated employees and
non-emplo
yees) or, in the case of BTA with Virtual Payments, its designated
TMC, to make payments to Merchants via specific use Virtual Account Numbers
through one or all of the following: an Amex Go facility, an Amex vPayment
facility or a BTA with Virtual Payments facility.
‘App Users’: In the case of an Amex Go facility, this term means an individual who
is authorised by you to access company funds via the Amex Go app, Amex Go
virtual Card information and incur Charges on your Amex Go facility.
‘BTA with Virtual Payments’ or ‘BTA’: a Virtual Account Number enabled facility
that allows the Company to centralise Charges booked through its designated
TMC and be billed monthly for those Charges by American Express.
‘Buyer Initiated Payments’ or ‘BIP’: shall mean the electronic payment service solution
for our customers that enable them to make payments to their suppliers.
‘Card Member’: an individual to whom a Corporate Card, Corporate Meeting Card,
Corporate Purchasing Card, or Virtual Account Number is issued to you at your
request. The Card Member is an individual authorised by you to incur Charges on
an Account, whether by use of a Card or otherwise. In the case of a BTA, this term
includes an account user authorised by you to make travel reservations and
thereby incur Charges on an Account. In the case of an American Express Virtual
Payment Account, this term includes an account user authorised by you to request
and receive Virtual Account Numbers and thereby incur Charges on an Account.
‘Card Member Account’: means the Account established by us for a Card Member
for the purpose of executing and recording Charges.
‘Card Member Agreement’: the agreement between us and the Card Member
governing use of a Card and liability for charges.
‘Card’: any Card, whether plastic, non-plastic or, a Virtual Account Number issued
under this Agreement or on any Account.
‘Charge’: all amounts billed to an Account, regardless of whether a charge form or
other charge authorisation is signed, including purchases of goods and services,
cash advances, late payment charges and any other fees or charges.
‘Code’: any PIN, telephone codes or online passwords approved by us to be used
on your Account.
‘Commercial Card Services’: any or all of the Accounts or services provided by us
under this Agreement.
‘Company’ means the legal entity described in the Corporate Details in part 2 of the
Account Application (whether an Australian Company, Partnership, Registered
Foreign Company, Unregistered Foreign Company, Government Body,
Co-Operative, Incorporated Association, Unincorporated Association or Trustee).
‘Corporate Card’: an American Express Corporate Card issued on your Account.
‘Designated Employee’: a Master Program Administrator, Program Administrator,
Card Member or person designated by you as your point of contact for
Corporate Card Services or Program(s).
‘Items for Resale’: goods and services purchased using your Card or Account and
used by the Company for the purpose of resale.
‘Master Program Administrator’: a person notified to us by the Company as its
main administrator for the Program.
American Express Global Commercial Services Agreement in Australia – Company
AEX9559 07/20
‘Merchant’: a Company, firm or other organisation accepting American Express
Cards as a means of payment for goods and/or services.
‘Online Service’: any internet-based service that we make available to the Company.
‘Program’: the American Express Global Commercial Services’ services provided to
Card Members and the Company under this Agreement and the Card Member
terms and conditions.
‘Program Administrator’: a person notified to us by the Company as an additional
administrator for the Program.
‘Recurring Charges’: means when you authorise a Merchant to submit Charges
to a Card repeatedly or at regular intervals.
‘ROC’: a record of charge that evidences the purchase price of any Charge.
‘Statement’: a record of Card or Account transactions, account balance and other
relevant account information for a specified period.
‘Unauthorised Charges’: are Charges that did not benefit either you or the Card
Member and which were incurred by someone who was not the Card Member
and who had no actual, implied, or apparent authority to use the Card or Account.
‘Virtual Account Number’: a virtual account number that is issued by American
Express to or on behalf of a Company or TMC for use as payment for goods and/
or services at a Merchant.
2. Establishment of Accounts and Card Issuance
(a) We will establish and operate the Account(s) in your name and, if applicable,
issue Cards on your Account(s) bearing your name and those of any Designated
Employees and/or Card Members.
(b) We reserve the right to:
(i) require each prospective Card Member to complete our application for the
Card or Account, including providing any identification or other information
required to comply with local laws;
(ii) carry out credit checks and request financial information and other
information periodically from banks, credit reference agencies and other
sources in relation to you and/or any Card Members. These agencies may
retain records of such checks, including information regarding the conduct
of your Account and payment history, which may be used (subject to
applicable law) by us and other firms and organisations in making credit
decisions about you or the Card Member, including for preventing fraud
or tracing debtors; and
(iii) decline to issue, renew or replace a Card or Account to any person; cancel
or suspend the use of a Card or Account at any time either generally or in
relation to a particular transaction.
(c) Further, in the case of a Combined Liability Corporate Card Account, we may
insist upon a minimum income for Card Members in accordance with our usual
risk management criteria.
(d) We shall renew and replace Cards, subject to 2(b) above, until you or the Card
Member directs otherwise.
(e) You are solely responsible for selecting and notifying us of the names of persons
to whom you request we issue Cards and establish Card Member Accounts. We
may deem any applicant referred to us by a Designated Employee as approved
by you to hold and use a Card.
(f) We will provide to you upon request, any Card Member application forms or Card
Member Agreement then in effect. We reserve the right at our sole discretion to
change Card Member application forms and Card Member Agreements at any
time and to establish additional or different requirements for internet-based
Card Member applications, and we will notify you accordingly.
(g) You must ensure that current Card Member application forms and procedures
prescribed by us are used and that current Card Member Agreements are provided
to and retained by each applicant upon completion of the Card Member application
form and in any event in good time before the Card is provided to the Card Member.
3. Use of the Card and/or Account
(a) You may only use a Card in accordance with this Agreement and within the
validity dates shown on its face.
(b) Subject to Section E, you must not give any Card or Account numbers to others
or allow them to use either for Charges, identification or any other purpose.
(c) Subject to Section E, the Card Member is the only person entitled to use the
Card bearing his or her name and the corresponding Card Member Account.
You must ensure each Card Member takes reasonable measures to stop anyone
els
e using the Card and/or Account and that each Card Member takes proper
care to keep the Card safe and all Card and Account details secret.
(d) To protect any Codes approved by us to be used on your Account, please make
best endeavours to ensure that any Card Members:
(i) memorise the Code;
(ii) destroy our communication informing them of the Code (if applicable);
(iii) do not write the Code on the Card;
(iv) do not keep a record of the Code with or near the Card or Account details;
(v) do not tell the Code to anyone;
(vi) if they select a Code, do not choose a Code that can easily be associated
with them such as their name, date of birth or telephone number; and
(vii) take care to prevent anyone else seeing the Code when entering it into
an Automatic Teller Machine (ATM) or other electronic device.
(e) You must designate an individual as the Program Administrator to manage each
Account that you establish with us.
(f) You must not return any goods, tickets or services obtained with a Card or
Account for a cash refund, but you may return them to a Merchant for credit
to the Card or Account, if that Merchant agrees or is obliged to do so.
(g) You shall not obtain a credit to a Card or Account for any reason other than
as a refund for goods or services previously purchased.
(h) You must not use any Card or Account if you do not honestly expect to be able
to pay your Account in full on receipt of your monthly statement.
(i) You must cease using any Card or Account and notify us immediately if an
application is filed for the Company’s winding-up, or if the Company passes a
resolution for its liquidation or has a liquidator, administrator and/or receiver
appointed to it or over any of its assets.
(j) You acknowledge and agree that we have the right to refuse authorisation for
any Charge without cause or prior notice, and that we shall not be liable to you
or anyone else for any loss or damage resulting in such refusal.
(k) You may not use a Card or Account for any unlawful purpose, including the
purchase of goods or services prohibited by the laws of Australia or any country
where the Card or Account is used or where goods or services are provided.
(l) You may not use your Card for amounts that do not represent bona fide sales
of goods or services, e.g. purchases at Merchants that are owned by you (or
your family members) or employees or any other person contrived for cash
flow purposes.
(m) You agree to provide us with all information available to you concerning the
whereabouts of a Card Member and his or her address and to co-operate with us
in any investigation concerning the use of the Card or Account, or collection of
Charges from Card Members. This provision will continue in force after the Card
is cancelled and/or this Agreement terminated.
(n)
Although the Card Member uses the Card, the Card remains our property at
all times.
(o) Subject to restrictions set out in this Agreement or the Card Member
Agreement, you shall instruct the Card Member to use the Card or Account for
your business use, i.e. to pay Merchants for goods and/or services for travel and
entertainment in relation to your business or for use or consumption in the
course of conducting your business (and not for re-sale) and in accordance with
your policies and procedures.
(p) As a special concession, where you have a Corporate Card Account, we may
allow the Card or Account to be used for the purchase of Items for Resale
provided that:
(i) you indicate in the Account Application your intention to use your Card or
Account to purchase Items for Resale or you otherwise notify us of that
intention in writing; and
(ii) you will be solely liable for all Charges related to Items for Resale, as set out
in Liability below; and
(iii) you agree that we may request that you sign an additional agreement.
(q) The Express Cash Service, where applicable, allows Card Members to withdraw
cash from ATMs’ displaying the American Express logo. If a Card Member enrols
in our Express Cash Service, participation may be governed by a separate
agreement with the Card Member, but at all times you will be liable for such
Charges regardless of the liability type elected by you in the Account Application.
4. Payment
(a) You agree to pay all Charges shown on each monthly Account statement on receipt,
but not later than the due date as set out in the monthly statement. Each monthly
statement of Charges shall be deemed to have been received by you or the Card
Member (depending on the billing system in place) upon the date of the actual
receipt or the seventh day following its dispatch by us. In the event of your non-
receipt of our monthly statement you shall be liable to make payment of the
Charges within 21 days of incurring the Charge or earlier if requested by us. Failure
to pay on time and in full is a material breach of this Agreement.
(b) If you have a Corporate Purchasing Card Account or an American Express Virtual
Payment Account, you agree to pay all Charges shown on each monthly Account
statement by direct debit or eftpos no later than 14 days after the date of the
statement. In the case of Corporate Meeting Card, you agree to pay all Charges
shown on each monthly Account statement by direct debit or eftpos no later
than 21 days after the date of the statement.
(c) Payments will be credited to the relevant Account or Card Member Account
when received, cleared and processed. The time for payments to reach us for
clearing and processing depends on the payment method, system and provider
used to make payment to us. You must allow sufficient time for us to receive,
clear and process payments by the due date taking into account weekends and
public holidays, when we and/or your or our payment service provider may not
be open for business.
(d) You and the Card Member agree not to deduct or withhold, without our prior
written approval, any amount shown as due on any Account statement or data
feed. You will pay us the full amount shown on the Account Statement or data
feed irrespective of whether you are or intend disputing an amount(s) contained
on your Account Statement or data feed. If you believe any Charge shown on a
statement is in error or in dispute, you may request and we may set up and
maintain for a reasonable period, a temporary credit on the Account for the
disputed Charge while we investigate the error or you seek to resolve the
dispute. Should the dispute be resolved in your favour, we shall credit the
amount(s) that were previously disputed to your Account and it will appear on
the next issue of your monthly Account Statement.
(e) We may, in our sole discretion, accept late or part payments or any payment
described as being in full or in settlement of a dispute. If we do, we shall not lose
any of our rights under this Agreement or at law, including the right to payment
in full, and it does not mean we agree to change this Agreement. We may credit
part payments to any of the outstanding Charges.
(f) You must always pay us in Australian dollars, unless we agree otherwise in writing.
(g) A certificate signed by one of our officers stating the amount that you and/or the
Card Member owes us under this Agreement is proof of such amount. A copy of
any document relating to the Account with us, or produced from data received
by us electronically from a Merchant, shall be admissible to prove the contents
of that document for any purpose.
5. Liability
(a) For a Corporate Card product, the following liability options apply (as selected by
you in the Account Application):
(i) Combined Liability: Subject to the terms of clause 5(c), the Company and
each Card Member shall be jointly and severally liable for all Charges
incurred by the Card Member; provided, however, that the Company shall
not be liable for Charges (i) incurred by the Card Member that are personal
in nature and which did not accrue a benefit to the Company for legitimate
American Express Global Commercial Services Agreement in Australia – Company
Conditions P2 of 7
business purposes or (ii) for which the Company has reimbursed the Card
Member; and
(ii) Corporate Liability: Subject to the terms of clause 5(c), the Company
shall be fully liable to American Express for all Charges incurred on such
American Express Accounts.
(b) For any BTA, CPC, Corporate Meeting Card or American Express Virtual
Payment Account product selected in the Account Application, you are liable
for all Charges incurred.
(c) You are not liable for Unauthorised Charges on any Card or Account except in
the following circumstances where:
(i) you and/or the Card Member breached the terms of your Agreement with
us (in particular the “Use of the Card and/or Account” clause);
(ii) you or the Card Member contributed to, or were in any way involved in or
benefitted from the theft, loss or misuse (including improper or fraudulent
use) of the Card or Account;
(iii) you or the Card Member have delayed notifying us as required under
“Liability” sub-clause (d), in which case you will be liable for all Unauthorised
Charges until you or the Card Member did notify us;
(iv) for BTA or American Express Virtual Payment Accounts, you or the Card
Member, your previous and current agents, American Express vPayment
Facilitators, TMCs, travel providers, hotel consolidators, car rental suppliers,
Account Users, and any previous and current employees of the
aforementioned parties contributed to, or were in any way involved in or
benefitted from the theft, loss or misuse (including improper or fraudulent
use) of the Card or Account; and/or
(v) for BTA and American Express Virtual Payment Accounts, you or the Card
Member failed to accurately reconcile your statements and/or failed to notify
us immediately of any suspected fraudulent use of any Card or Account.
By way of example, if you or the Card Member gave away your Card and/or
Codes to another person to use or otherwise acted in breach of this Agreement,
you may be liable for the resulting Unauthorised Charges.
(d) You agree to notify us if any Designated Employee and/or Card Member’s
authority to incur Charges on your behalf terminates or as soon as you become
aware or have reason to suspect that a Card is lost or stolen, someone else
learns a Code, or if a Card or Account is at risk of being misused.
(e) You are liable to pay us for all Charges incurred from the date a Card Member’s
authority to incur expenses on your behalf is terminated through to the date we
receive notification from you of that termination.
(f) You will use your best efforts to collect and destroy Cards issued to individuals
whose authority to incur Charges is terminated, who leave your employment for
any reason or whose Cards have been cancelled, or on termination of this
Agreement.
(g) You agree to instruct Card Members to submit expense reports covering Card
transactions promptly and in any event at least once a month.
(h) You agree to instruct Card Members that the Card is issued solely for authorised
purposes as permitted by your policies and procedures, and promptly report any
misuse of the Card or Account to us.
(i) Wherever your Cards or Accounts are used to purchase Items for Resale, you will
be solely liable for all such Charges irrespective of Card Member liability
otherwise described in this Agreement and even if you have not notified us
of your intention to purchase Items for Resale.
6. Account Limits
(a) We reserve the right at our sole discretion to establish Account Limits for any
Account and/or jointly in connection with other accounts or arrangements that
you or your Affiliates may have with us or our Affiliates. We may, at our sole
discretion, change any Account Limit. We will inform you prior to or
simultaneously with the establishment of, or change to, an Account Limit.
(b) You agree to regularly monitor and manage your Account, including but not
limited to implementing internal policies and procedures to control Card
Member spending, to ensure Account Limits are not exceeded.
(c) Upon request, you must promptly provide us with copies of your financial
information and other information about your business that is reasonably
necessary for us or our Affiliates to assess our financial risk and comply with
our legal obligations. We may use and share such information with our Affiliates.
(d) We may require you to provide us with security in order to avoid having an Account
Limit established or decreased, or to enable an increase to an Account Limit.
(e) For the avoidance of doubt, you and/or the Card Member remain liable for all
Charges as set out in this Agreement, including Charges incurred in excess of
the Account Limit.
7. Communications with You
(a) We may provide Statements, notices, disclosures and other communications to
you in connection with the Program (“Communications”) by post, email or online
channels where those have been selected by you.
(b) We may communicate with you through a Designated Employee, which you
accept is a valid Communication from us to you. You authorise any Designated
Employee to act on your behalf for all matters relating to this Agreement and we
are entitled to rely on any directions, consents and information received from
them. We may communicate with a Card Member through a Designated
Employee, in which case you shall ensure that communications from or to a Card
Member are forwarded immediately to us or the relevant Card Member
respectively.
(c) You must keep us currently advised of yours, any Designated Employees, and/or
Card Members names, email addresses, postal mailing addresses and phone
numbers and other contact details for delivering Communications. If we have
been unable to deliver any Communication or a Communication has been
returned after attempting to send it via an address or phone number previously
advised to us, we will consider you in material breach of this Agreement and we
may stop attempting to send Communications to you until we receive accurate
contact information.
AEX9559 07/20
(d) All electronic Communications that we provide including Statements will be deemed
to be received on the day that we send the notification by e-mail or post the
Communication online even if you do not access the Communication on that day.
(e) If you do not receive a Statement in any month, or cannot access Statements via
the Online Service you shall be liable to make payment within 21 days of
incurring the Charges or earlier if requested by us.
(f) You must inform us of any changes to other information previously provided to
us. You must give us any additional information and support documentation
relevant to the Program or any Card Member Account that we request or as
required by applicable law. We may charge an additional annual administration
fee where any billing address is outside Australia.
(g) You will be deemed to have received any notice we give you under this
Agreement seven (7) days after we send it, unless you receive it earlier.
(h) Notices required under this Agreement to be delivered to American Express shall
be delivered to the address – American Express Australia Limited, Customer
Service – Corporate Card, GPO Box 5087, Sydney NSW Australia 2001.
8. Problems with Bills or Purchases
(a) You are responsible for confirming the correctness of your monthly statement
and, if you notify us immediately of a disputed Charge we will take reasonable
steps to assist you. If a Merchant issues a credit for a Charge, we will credit the
amount to your Account on receipt. If a problem cannot be resolved immediately
then pending resolution of the problem, we may agree to place a temporary
credit on any disputed amount, but you must pay us for all other Charges. If, at
your request, we agree to charge back a seller of goods or services, you agree to
indemnify us for any claim against us based upon the rejection of the goods or
services or that charge back.
(b) Unless required by law, we are not responsible for goods or services obtained
with the Card or Account, or if any Merchant does not accept the Card. You must
raise any claim or dispute direct with the Merchant concerned. You are not
entitled to withhold payment from us because of such claim or dispute.
(c) You agree that if requested to do so you shall provide us with written
confirmation in relation to your claim of Unauthorised Charges including without
limitation, supplying any or all of the following, a statutory declaration, an
affidavit of forgery and/or a copy of an official police report. By reporting the
existence of Unauthorised Charges, you agree to allow American Express to
release any information that you have provided or which is the subject of an
investigation into the Unauthorised Charges to the police and any other
investigative or statutory authority. You also agree that when requested you shall
provide all reasonable assistance and relevant information to us and/or the
police in relation to your claim of Unauthorised Charges.
(d) You may authorise a Merchant to bill Recurring Charges to your Card or Account.
To avoid potential disruption of Recurring Charges or the provision of goods or
services, in the case of a replacement Card or cancelled Card it is always your
responsibility to contact the Merchant and provide replacement Card or Account
information or alternate payment arrangements. You and/or the Card Member
will be liable for Recurring Charges incurred on a cancelled Card or Account. To
stop Recurring Charges, you must have the right to do so by law or under your
arrangement with the Merchant and you must advise the Merchant in writing or
in another way permitted by the Merchant.
(e) If we agree to place any limits or restrictions on the type of Charges incurred on
any Card or Account, we are obliged only to use reasonable efforts to apply such
limits or restrictions and this does not affect your liability for any Charges. We are
unable to block or prevent Charges at certain Merchants, including but not limited
to Merchants who do not process Charges via electronic terminals or who have
provided us with a description of their own activities, which may be incomplete or
inaccurate. In classifying Merchants in our system or records, we are entitled to
rely on any description of their own activities provided by such Merchants.
9. Lost/stolen Cards and misuse of Accounts
(a) You must ensure that we are informed immediately by telephone at
1300 558 891 or +612 9271 8198 (or such other number advised by us to you or
t
o Card Members from time to time) if:
(i) a Card is lost or stolen;
(ii) a mobile device through which your Card may be used is lost or stolen;
(iii) a replacement Card has not been received by the Card Member;
(iv) someone else learns a Code;
(v) there is suspicion that a Card or Account is being misused or a transaction
is unauthorised; or
(vi) there is suspicion that a transaction has been processed incorrectly.
(b) You agree to cooperate with us in our efforts to control fraudulent use of any
Card or Account, including but not limited to providing us with any declarations,
affidavits and/or copies of any official police reports, as reasonably requested.
You agree that we may provide information to the relevant governmental
authorities concerning the activities of you, a Designated Employee and/or Card
Member under the Program.
10. Online Service
(a) You must ensure that access to the Online Service is restricted only to
Designated Employees whom you see fit to have access and that such persons
access the Online Service only via our web site as notified to you from time to
time, using the assigned user id and password (“Security Information”). You
must implement and exercise reasonable measures and controls to ensure that
only such persons access the Online Service.
(b) You are responsible for obtaining and maintaining your own compatible
computer system, software and communications lines required to properly
access the Online Service. We have no responsibility or liability in respect of your
software, equipment or communication line costs.
(c) If, at any time, whether before or after this Agreement comes into effect,
American Express introduces or has introduced any third party software
American Express Global Commercial Services Agreement in Australia – Company
Conditions P3 of 7
provider to the Company, the Company acknowledges and agrees that
American Express makes no representation nor warranty expressly or impliedly
as to the functionality or reliability of any software provided by that third party to
the Company, nor as to the availability, quality or duration of software support or
upgrades by the third party. Moreover, the Company acknowledges and agrees
that American Express shall not be liable at all for the quality, merchantability or
fitness for purpose of any software provided by a third party. The Company
hereby agrees that its sole recourse for any damages suffered arising from the
use of, or any aspect of the software, will be to the provider of the software
(d) The Security Information is confidential to the respective Designated Employee.
You must ensure that the Security Information is not shared with any other person
or recorded in an insecure location accessible to anyone else. We are not
responsible for any misuse of the Online Service by you, your Designated
Employee or anyone else, nor for disclosure of confidential information by us
where you have failed to maintain the security of the Security Information.
(e) We may terminate, withdraw, modify or suspend the use of the Online Service at any
time. Except where security requires it or in circumstances beyond our control, or in
the event of fraud or your breach of these terms of use for the Online Service, we will
give you prior notice of our withdrawal or suspension of the Online Service in
accordance with the “Changes to this Agreement” clause of this Agreement.
(f) Whilst we will make commercially reasonable efforts to notify you each time a
statement is posted, you are responsible for regularly retrieving your statement
for each billing period.
(g) You agree that access to the Online Service is subject to the website terms
of use as displayed on the American Express website.
11. Suspension
We may immediately suspend a Card or Account if we suspect unauthorised or
fraudulent use, or if we believe the Account or Card may not be paid in full and
on time and/or for other related reasons. In such cases, this Agreement will
continue, and you and/or the Card Member will remain responsible for all
authorised Charges incurred on the Card or Account. We may also require you
to provide us with security in order to avoid suspension of any Card or Account.
12. Charges made in Foreign Currencies
(a) For each Charge submitted to us in a currency other than Australian Dollars
(a ‘Foreign Charge’), on the day we process the Foreign Charge we will:
(i) convert it to US Dollars first (unless it was submitted to us in US Dollars);
(ii) convert the US Dollar amount into Australian Dollars; and
(iii) apply a single non-refundable currency conversion fee to the Australian
Dollar amount of the Foreign Charge.
(b) We will use exchange rates selected from customary industry sources on the
week day prior to the day we process the Foreign Charge, unless required by law
or as a matter of local custom or convention to use a specific rate (in which case
we will look to be consistent with that custom or convention). The exchange rate
we use may be higher or lower than the exchange rate available on the day you
make the Foreign Charge. Exchange rate fluctuations can be significant. The
American Express Exchange Rate is set daily between Monday and Friday,
except 1 January and 25 December. Changes in the rate will be applied
immediately and without notice to you.
(c) When making a Charge in a foreign currency you may have the choice to allow
a third party to convert the Charge into Australian Dollars at the point of sale.
You should check the third party fees and charges before completing the Charge.
If you choose this option, then that third party will:
(i) determine the exchange rate and any commission or fees payable for the
currency conversion; and
(ii) submit that Charge to us in Australian Dollars, meaning we will not convert
the Charge or apply a currency conversion fee.
(d) Any refund transactions are processed at the date of the refund and you
acknowledge that the refund amount may not be the same as the Charge. The
amount of any refund of a Charge made in foreign currency will generally differ
from the amount of the original Charge because:
(i) in most cases, the rate applied to any refund will differ from the original rate
applied to the Charge;
(ii) any currency conversion fee charged on the original purchase is not
refunded. We do not, however, charge an additional currency conversion fee
on the refunded amount; and
(iii) where third parties convert foreign currency Charges into Australian Dollars,
those third parties may also apply a different conversion rate to any refund.
13. Fees and other Charges
(a) Fees and Charges applicable to a Card or Account are described in the attached
Fee Schedule and will appear as Charges on the Card or Account.
(b) Various service related fees may be charged if you elect additional services from
us. Any such fee will be disclosed to you at the time of accepting the service.
(c) We may also charge fees to a Card or Account for services that we provide to
Card Members that are not covered in the Card Member Agreement, for example
(and by way of illustration only) fees for participating in the Membership
Rewards program.
(d) We reserve the right to make changes to the attached Fee Schedule as provided
under the clause “Changes to this Agreement”.
(e) If we receive from you a direct debit or other payment instrument which is not
honoured in full, you agree to pay us the dishonoured amount plus our
reasonable collection costs and legal fees, except as prohibited by law. The
amount payable is set out in the attached Fee Schedule.
14. Late payment charges
(a) If you do not pay your Account in full upon receipt or by the due date as set out
in the monthly statement, you are in default. Therefore, you acknowledge that we
may suspend or cancel your charge privileges, and you agree that late payment
charges may be incurred as follows:
AEX9559 07/20
(i) If you do not pay the full closing balance by the due date on your monthly
statement, the unpaid balance will be identified as an ‘Overdue’ amount.
(ii) Late payment charges will be incurred on any overdue amount which is
identified in a statement and will be billed in that statement, except for BTA
which will be billed in the next statement.
(iii) An overdue amount may include any unpaid late payment charges billed on
previous statements.
(iv) The amount payable is set out in the attached Fee Schedule.
15. Term And Termination
(a) The initial term of this Agreement starts on the date it is signed by you and,
subject to (b) and (c), shall continue in force until and unless terminated by either
party giving the other 3 months notice.
(b) Either party may terminate this Agreement or an Account immediately by notice at
any time if the other is bankrupt, insolvent or unable to pay its debts or becomes
involved in any action or process (including a voluntary process) normally
associated with insolvency, including, without limitation, receivership, liquidation or
voluntary administration, or if it ceases to carry on business in Australia.
(c) We may also terminate this Agreement or an Account immediately by notice in
the event of your material breach of this or any other agreement between us or
with any of our Affiliates, or in the event that we deem levels of fraud or credit
risk on any Card or Account to be unacceptable to us.
(d) If this Agreement is terminated for any reason, we shall suspend the Account
and all Cards. You must pay us immediately for all outstanding Charges and any
other amounts you owe us on any Card or Account or otherwise under this
Agreement, including unbilled Charges that may not be shown on the last
Statement. We will only cancel an Account after you have paid all amounts you
owe to us. All fees continue to accrue if outstanding balances exist on a
cancelled or suspended Account.
(e) You agree to indemnify us for all reasonable costs incurred in recovering or
attempting to recover Charges from you, including solicitor’s fees on a solicitor/
client basis, except as prohibited by law.
(f) We reserve the right at our sole discretion to cancel or suspend any Card or
Account in accordance with the Card Member Agreement without notice to you.
(g) You will indemnify us against all actions, proceedings, claims and demands
arising out of or in connection with any claim against us in respect of any
withdrawal or cancellation of a Card that has been requested by you.
16. Changes to this Agreement
(a) We may change the terms of this Agreement at any time by giving thirty (30)
days’ prior notice to you. We will consider you to have accepted the notified
changes if you or Card Members keep or use their Account or Card thereafter.
(b) We may change the Card Member Agreement in accordance with its terms and we
will notify you accordingly. You shall remain liable for all Charges notwithstanding
such changes in accordance with the “Liability” clause of this Agreement.
17. Confidentiality
(a) All business or professional secrets or other information disclosed or supplied
by one party to the other party must be kept confidential except as necessary
for the proper performance of the Program or as otherwise expressly provided
in this Agreement or agreed in writing between the parties.
(b) The parties shall treat this Agreement as confidential and may not disclose any
of its contents to any third party without the other party’s prior written consent,
or unless legally required by court order, applicable law, regulation or any
relevant regulatory or supervisory authority.
(c) We may name your Company as an American Express customer for public
relations and marketing purposes.
(d) This provision shall survive the termination of this Agreement.
18. Limitation of Liability
(a) Notwithstanding any other provision in this Agreement, in no event shall we, our
direct or indirect subsidiaries, controlled affiliates, agents, employees or
representatives be liable for any indirect, incidental, special, punitive, exemplary
or consequential damages of any kind, nor for any lost profits or revenues, in
connection with or arising out of this Agreement.
(b) Except where required by law, we will not be responsible or liable to you for any
loss or damage arising in relation to:
(i) delay or failure by a Merchant to accept the Card or Account, the imposition
by a Merchant of conditions on the use of the Card or Account or the manner
of a Merchant’s acceptance or non-acceptance of the Card or Account;
(ii) goods and/or services purchased with the Card or Account, or their delivery
or non-delivery;
(iii) use of the Card in a machine that dispenses goods, services or cash or other
means of payment;
(iv) our declining to authorise any Card or Account transaction, including our
action to revoke or suspend Card privileges on any Card or Account; or
(v) any information provided via the Online Service not being available or
inaccurately displayed for any reason, including due to your email address
having changed or being invalid, systems failure or interruptions in the
communications systems.
19. Force Majeure
Neither party nor American Express third party suppliers and licensors will be liable for
any failure or delay in performance, except for any payment obligations, resulting from
circumstances beyond their reasonable control including, without limitation, acts of God
or nature; government intervention; power, communications, satellite or network failures;
unauthorised access or theft; acts of terror; or labour disputes or strikes. This provision
survives termination of this Agreement.
20. Assignment of this Agreement
American Express Global Commercial Services Agreement in Australia – Company
Conditions P4 of 7
(a) We may assign, transfer, sub-contract or sell our rights, benefits or obligations
under this Agreement at any time to any of our Affiliates or to an unaffiliated
third party and you consent to this without us having to notify you.
(b) If we do so, or intend to do so, we may give information about you and the
Account, including confidential information about you, the Account or this
Agreement, to the relevant third party or Affiliate.
(c) You may not assign, charge or otherwise transfer or purport to assign, charge or
otherwise transfer your rights or obligations under this Agreement or any
interest in this Agreement, without our prior written consent, and any purported
assignment, charge or transfer in violation of this clause shall be void.
21. Applicable Law and Jurisdiction
(a) This Agreement and any contractual or non-contractual obligations arising out
of or in relation to this Agreement are governed by the laws of New South Wales.
(b) The courts of New South Wales will have exclusive jurisdiction over any disputes
or collection proceedings arising out of or in relation to this Agreement and you
agree that New South Wales is the appropriate jurisdiction for the determination
of any dispute.
22. Account Information and Data Protection
(a) Notwithstanding the terms of the “Confidentiality” provision, you understand
and agree that we will process, analyse and use information about you and the
use of Cards and the Account and may combine that information with
information from other sources, for example in order to develop reports that
may enable you to maintain effective procurement policies and procedures, or to
authorise Charges and prevent fraud.
(b) We will keep all information about you, Designated Employees and/or Card
Members only for so long as is appropriate for the purposes of this Agreement
or as required by law.
(c) We may disclose information about you, Designated Employees and/or Card
Members to the extent necessary to operate the Program, to computerised
reservation systems, to suppliers of goods and services, to our Affiliates (and
their appointed representatives and licensees) and receive such information
from these parties for operation by us of the Program.
(d) We may disclose information about you, Designated Employees and/or Card
Members use of the Program to our bank or other payment service providers or
payment systems selected by us to the extent necessary to permit the invoicing
and payment for the Program.
(e) We may, in accordance with local law, monitor and/or record telephone calls to
or from you, either by ourselves or by reputable organisations selected by us.
(f) For the purposes of this clause information includes, in respect of individuals,
personal information. Personal information means information (i) that could
reasonably identify the individual to whom such information pertains, such as
name, specific address and/or telephone number, or (ii) that can be used to
authenticate that individual, such as passwords or PINs, biometric data, unique
identification numbers, answers to security questions, or other personal
identifiers. We will use commercially reasonable efforts to inform Designated
Employees and/or Card Members regarding our use of their personal
information. Upon a Designated Employee or Card Member’s request, we will
also provide them with information we hold about them. If requested by us, you
agree to instruct Designated Employees and/or Card Members to update, once
a year, their profile information held by us.
(g) You agree that in order to service your Account we may transfer information
including personal information confidentially to our Affiliates and other
organisations which issue or service American Express Cards. You also agree
that we may transfer personal information to other countries for processing
and servicing and that we may disclose personal information to third parties
who provide services to us, subject to appropriate conditions of confidentiality.
You agree that we may use any personal information for marketing purposes.
If you do not wish us to use your personal information for marketing purposes,
please call us on 1300 362 639.
(h) You agree that we may provide personal information to any organisation
(Co-brand partner) whose name, logo or trademark appears on your application
for the Card or Account or on the Card issued to you for marketing, planning,
product development, research and management information purposes.
(i) You agree that we and our Co-branded partners may exchange data relating to
transactions on your Account and use it to calculate, verify, provide, record and
determine your eligibility for benefits, if you have elected to receive them. You
also agree that we and our Co-branded partners may use that information to
offer or inform you about selected services of American Express or our Co-brand
partners which we think may be of interest to you.
(j) You agree that, where you have provided American Express with personal
information about Designated Employees or other individuals (whether in this
application or otherwise) or where personal information is identified by
American Express before, during or after providing services to you, including
from, but not limited to, the purpose of identity verification of individuals, you
must obtain the individual’s unambiguous and informed consent to use their
information except where these persons have already provided their consent
directly to us, for example under the Card Member Agreement. You will also
ensure they are aware of their ability to access that information in accordance
with the Privacy Act (and advise American Express if they think the information
is inaccurate, incomplete or out-of-date), and the contact details of the
American Express Privacy Officer.
(k) The contact details of our Privacy Officer are: The Privacy Officer,
American Express Australia Limited, GPO Box 5087, Sydney NSW 2001.
AEX9559 07/20
23. Set-Off
We shall be entitled to deduct and offset any amounts we or our Affiliates owe to you,
from or against any amounts you or any of your Affiliates owe to us or any of our
Affiliates under this or any other agreement.
24. Subrogation
If a Merchant or supplier does not provide you with the goods or services charged
to the Card or Account, we may at our discretion credit the Card or Account for the
amount charged. If we do so, you hereby appoint us your attorney to pursue any right
you may have against the supplier in your name but at our cost including but not
limited to, voting and proving in any insolvency, administration or commencing any
proceedings against the supplier. You agree to assign to us on demand any such rights.
25. Exchange control, tax and legal requirements
(a) You must comply with exchange control, tax laws and any other laws governing
the use of your Account or Cards, and you agree to indemnity us against any
consequence of your failure to comply.
(b) Unless specifically stated, all amounts payable under this Agreement are
exclusive of taxes, which if applicable, should be added to the amount payable,
whether monetary or non-monetary consideration is provided. We may charge
to your Card or Account the full amount or a reasonable part of that tax, duty, or
other charge (as determined by us) except as prohibited by law.
(c) The following provisions shall apply in relation to taxes:
(i) Taxes are defined to include but are not limited to Goods and Services Tax
(GST), Value-Added Tax (VAT) and all other taxes and duties levied or
assessed in connection with a supply made under this Agreement.
(ii) Taxes that are payable under this clause are due at the same time as any
amount payable under the Agreement is due.
(iii) If any payment under this Agreement is a reimbursement or indemnification
by one party of an expense, loss or liability incurred or to be incurred by the
other party, the amount of any input tax credit the other party is entitled to
claim is deducted from that payment;
(iv) Where amounts payable under this Agreement are in respect of a taxable
supply, the parties will agree to issue a tax invoice in respect of the supply;
(d) In the event that any of such fees payable to us are subject to withholding taxes
you shall withhold and pay over the required amounts to the tax authorities
within the time provided by law, and you will deduct the amount of any such
withholding taxes from the fees to be paid to us and shall furnish to us within
thirty (30) days thereof or as soon as practicable thereafter the official receipts
of the relevant tax authorities for the taxes involved.
(e) Each Party shall otherwise be responsible for its own taxes arising in connection
with this Agreement.
(f)
We may provide you with reports, management information and/or data feeds for
your Account in our standard format. Subject to (g), we do not represent or guarantee
that you can rely on such reports or information being accurate or complete for the
purpose of complying with your tax or other legal obligations or for any other purpose.
(g) The Australian Taxation Office has provided approval for companies
American
Express Global Corporate Payments’ Accounts to use their
Statements and electronic data files to support their claim for input tax credits
without holding a tax invoice or adjustment note, provided certain requirements
are met. The approvals are set out in the following legislative instruments:
(i) Goods and Services Tax: Waiver of Tax Invoice Requirement (Corporate Card
Statements) Legislative Instrument (No.1) 2008; and
(ii) Goods and Services Tax: Waiver of Adjustment Note Requirement
(Corporate Card Statements) Legislative Instrument (No.1) 2008.
(h) The GST information provided on Card Member statements and data files for
individual transactions is supplied by the processing Merchant. Where no GST
information has been included on the statement for a particular charge, you
should obtain a tax invoice or adjustment note to confirm the availability of input
tax credits for the relevant acquisition or adjustment.
(i) It is an offence under the Financial Transaction Reports Act 1998 (Cth) to
conduct transactions on an Account which may lead to an actual or attempted
evasion of a taxation law, or an offence under any other Commonwealth or
Territory law. Where we have reasonable grounds to suspect that such a
Transaction(s) has occurred on the Card or Account, we are obliged to complete
and render a suspect transaction report to the Federal Government (AUSTRAC).
26. Third Parties
This Agreement shall be for the benefit of and binding upon both us and you and our
and your respective successors and assigns and no other party.
27. No Waiver
If we fail to exercise or partially exercise any of our rights under this Agreement, this will
not be a waiver of our rights and will not prevent us from exercising them later.
28. Severability
(a) If any provision of this Agreement conflicts with any applicable law or regulation,
that provision will be deemed to be modified or deleted so as to be consistent
with applicable law or regulation in a manner closest to the intent of the original
provision of this Agreement.
(b) Modifications under this provision will not affect the parties’ obligations under
this Agreement, which will continue as modified.
29. Entire Agreement
(a) These terms and conditions for American Express Global Corporate Payments
and any related Account Applications constitute the entire Agreement between
us and you regarding Commercial Card Programs and all prior representations,
agreements and understandings are hereby excluded.
(b) Where this Agreement is entered into pursuant to a broader master agreement
between you (or any of your Affiliates) and us (or any of our Affiliates) covering
the issuance of American Express Global Commercial Services by us or any of
American Express Global Commercial Services Agreement in Australia – Company
Conditions P5 of 7
our Affiliates in countries other than Australia, this Agreement shall take
precedence in respect of any Program provided in Australia, to the event of any
inconsistency between this Agreement and that master agreement.
B: Where the Company is a Trustee
If the Company is a trustee:
(a) This Agreement binds the Company in its own right and as trustee of the trust
described in part 6 of the Account Application and the Company is liable to us
in each of those capacities.
(b) You must ensure that the Card is used for business purposes of the trust only.
(c) You represent and warrant to us that:
(i) the trust is validly formed and any relevant trust document is valid and
complies with the law;
(ii) the Company is properly appointed as sole trustee of the trust;
(iii) the Company has always complied, and will comply, with the terms of the
trust and its duties and powers as trustee;
(iv) the Company has power to enter into this Agreement and to perform its
obligations as trustee of the trust;
(v) the entry by the Company into this Agreement is for proper trust purposes;
(vi) the Company has a full right of indemnity from the trust assets in respect
of all Charges, Liabilities and obligations under this Agreement;
(vii)
the Company is entitled to use trust assets to meet any of your or the
Company’s obligations under this Agreement, ahead of any rights of any
of the beneficiaries.
(d) The Company will be in default if any of the following events happen:
(i) the trust is held by a court not to have been properly constituted or you
concede that the trust has not been properly constituted;
(ii)
the trust terminates or the beneficiaries of the trust resolve to terminate the
trust;
(iii) the Company ceases to hold the trust assets or property in its name or it
ceases to be trustee; or
(iv) the Company commits a breach of trust which, in our opinion, is material.
(e) You and the Company agree to notify us in writing immediately if any of the
above events of default occur.
C: American Express @ Work™
This section D applies where Company has requested for use of @ Work online
program management and reporting services (“@ Work Services”):
(a) Authorised Users
For the purposes of this section, “American Express” also refers to
American
Express Travel Related Services Company, Inc. Use of the
@ Work Services is restricted to those authorised users designated by Company
during the implement
ation of their @ Work Services including the Master
Program Administrator and any Program Administrator(s) (“Authorised Users”).
Company understands that the designation of, and restricting access to,
Authorised Users is part of the security of their overall @ Work Services data and
agrees that Company shall not substitute or replace any Authorised User, or add
any additional Authorised User(s), except upon notice to and with the assistance
of the applicable @ Work Services Support Team or Master Program Administrator
whose responsibility it is to provide for these services. Company shall ensure that
all Authorised Users comply with the terms and conditions in this section.
In addition to any other limitation of liability set out in this Agreement,
Americ
an Express will not be liable for any loss or damage (including but not
limited to consequential loss) incurred by Company or its current or former
Employees by any acts or omissions of any Authorised Users of @ Work Services,
including losses associated with the Authorised User’s failure to obtain any
appropriate consent or approval, or any fraudulent action(s) of Authorised User(s),
Company or its Employees.
(b) Master Program Administrator
The Master Program Administrator is authorised by Company to act on its
behalf with r
espect to the American Express Account(s), and American Express
may rely on all written and oral directions and information that it receives from
the Master Program Administrator. The Master Program Administrator shall,
on the terms set out in this Agreement:
(i) Use @ Work Services to maintain Account(s) and access reports;
(ii) Use @ Work Services to approve @ Work, Apply For Card, Corporate
Membership Rewards, Corporate Online Payments and Report Recipient
permissions to other Program Administrators or Authorised Signatories
within Company;
(iii) Use @ Work Services to Add New or Edit existing Program Administrators
or Authorised Signatories within Company;
(iv) Encourage Employees to use American Express’ online @ Work tool.
Company represents and warrants that it has obtained all consents and
approvals, and made all disclosures required by applicable law, to allow
the Master Program Administrator to:
(a) manage, and take any action with respect to, the American Express
Account(s); and
(b) access personally identifiable information of the Employees of
Company and/or any other related entity participating in
American Express’ Commercial Card Services or Program(s) while
managing the American Express Account(s), including the transfer of
the same by the Master Program Administrator on a cross-border basis.
(c) Password
Company is responsible for protecting the confidentiality of the User ID(s) and
Password(s) assigned to each Authorised User by American Express (collectively,
the “Password”). Company shall be responsible for any use of the @ Work Services
accessed by a Password, whether authorised or unauthorised. American Express shall
not be liable for any loss or damage arising from the use or misuse of any Password.
AEX9559 07/20
(d) Licence Rights and Terms
Pursuant to these terms and conditions, American Express hereby grants each
Authorised User a limited, non-transferable, non-exclusive licence to permit
Authorised Users to access and use the selected @ Work Services for the sole
purpose of managing Company’s American Express related data and
accessing and/or creating reports relating thereto and solely during the term
of this licence.
American
Express shall retain all rights to and in the @ Work Services, including,
but not limited to, patents, copyrights, trade secrets, and other proprietary
rights. Neither Company nor the Authorised Users may download the @ Work
Services. Neither Company nor its Authorised Users shall:
(i) remove any copyright or other proprietary legends from the @ Work Services;
(ii) sub-licence, lease, rent, assign, transfer or distribute the @ Work Services
to any third party;
(iii) alter, modify, copy, enhance or adapt the @ Work Services;
(iv) attempt to reverse engineer, convert, translate, decompile, disassemble
or merge the @ Work Services with any other software or materials; or
(v) otherwise create or attempt to create any derivative works from the
@ Work Services.
Notwithstanding the foregoing, you may download JAVA Applets as applicable
based on the @ Work Services selected and you may download, keep or merge
reports generated by you through @ Work Services. American Express retains all
proprietary rights to the format and arrangement of any and all reports generated
through @ Work Services. This licence granted in this section shall terminate with
respect to each type of @ Work Services selected by Company upon termination
of Company’s relevant American Express commercial account agreement(s).
(e) Customer Obligations
Company will comply with all applicable laws with respect to the @ Work Services,
including, but not limited to, laws related to the export of technical or personal data.
Company will only use the @ Work Services with content and data for which
Company has all necessary rights.
(f) Termination
Either party may terminate this licence for any reason or no reason by giving
the other party thirty (30) days prior written notice. American Express may
immediately terminate this licence upon written notice to Company if:
(i) Company fails to pay any applicable fee when due pursuant to the terms
of the Company’s relevant American Express commercial account
agreement(s);
(ii) Company or its Authorised Users breach obligations set forth in this section;
or
(iii)
Company or its Authorised Users otherwise breach any other terms contained in this
Agreement.
Upon the expiration or termination of this licence for any reason, Company shall:
(i) immediately require that all Authorised Users cease using the @ Work
Services;
(ii) promptly pay any applicable fees accrued but unpaid as of the expiration
or termination date; and
(iii) within fifteen (15) days after expiration or termination, destroy or return any
American Express documentation and confidential information in
Company’s possession or control to American Express. This requirement
applies to copies in all forms, partial and complete, in all types of media and
computer memory, and whether or not modified or merged into other
materials. Notwithstanding the above, you may download, keep, or merge
reports generated by you through the @ Work Services. We retain all
proprietary rights to the format and arrangement of any and all reports
generated through @ Work Services. All terms relating to an
American Express Corporate Card Account Agreement will survive the
termination or expiration of this licence.
(g) Service Interruptions
American Express reserves the right to conduct scheduled and unscheduled
maintenance. American Express will provide notice of maintenance when reasonably
possible. @ Work Services may experience unanticipated downtime or interruptions.
(h) Disclaimer of Warranties
American Express and its third party suppliers and licensors do not warrant that
the @ Work Services will meet Company’s requirements or that access to the
@ Work Services, or the operation of the @ Work Services will be uninterrupted,
s
ecure, error-free, that all errors will be corrected, or that the data and/or
reports generated by the @ Work Services will be accurate. @ Work Services are
provided “as is” and to the extent permitted by law, American Express and its
third party suppliers and licensors specifically disclaim all representations or
warranties of any kind, expressed or implied, including, without limitation any
implied warranty of Merchant ability, fitness for a particular purpose, title,
non-infringement or accuracy.
D: Use of American Express AccessLine
TM
(“AccessLine”)
This section E applies where the Company has been approved as an AccessLine
customer of American Express FX International Payments to use its international and
domestic payment service with a pre-registered American Express Corporate Card or
‘CPC’ as the settlement mechanism.
Authorised Users
Use of AccessLine is restricted to those authorised users (“Users”) designated by
Company during their registration process and the Company must ensure that all
Users comply with these terms and conditions. The Company must not substitute
or replace any User, or add any additional Users, except upon written notice to
American Express.
International Payments are arranged through American Express International, Inc.
(ABN 15 000 618 208 AFSL No. 237996). Incorporated with Limited Liability in
Delaware, USA.
American Express Global Commercial Services Agreement in Australia – Company
Conditions P6 of 7
E: American Express Virtual Payment Account
By selecting and completing the “Virtual Payments” section of this application, you
are applying for each of the following facilities (and agreeing to the below terms and
conditions which apply to each facility):
(a) an Amex vPayment facility;
(b) an Amex Go Facility; and
(c) a BTA with Virtual Payments facility.
Once approved for a Virtual Payment Account, unless you have specifically opted in
to one or more of the Virtual Payment Account facilities when completing this
account application, you must contact American Express before first using any of the
relevant facilities in order to enable that facility for use. You may be required to
provide American Express with additional information at that time. You are not
charged any fees for any of the above facilities that you do not use.
Once approved for your Virtual Payment Account, you may request additional Virtual
Payment Accounts, which will be subject to our approval. You will be liable for all
Charges incurred on each of your Virtual Payment Accounts.
You agree that a Virtual Payment Account may only be used for legitimate
business purposes in accordance with this Agreement. A Virtual Payment
Account is ineligible for enrolment in the American Express Membership Rewards
program. Physical plastic Cards will not be issued in conjunction with your Virtual
Payment Account.
Please see below for the specific terms and conditions for each of these facilities,
which you are agreeing to by applying for a Virtual Payment Account.
Account Users
In the case of an Amex vPayment and/or an Amex Go facility, this term means an
individual who is authorised by you to manage your Amex vPayment and/or
Amex Go facility, request Virtual Account Numbers and incur Charges on your
Amex vPayment and/or Amex Go facility.
(a) Amex vPayment facility
(i) American Express may rely on all written and oral directions (including via
American Express @ Work digital platform) that it receives from authorised
officers of Company to designate individuals as Account Users. We will be
entitled to hold you responsible for all Charges incurred on the Amex
vPayment facility by such authorised individuals or individuals who
reasonably appear to be such Account Users;
(ii) Company must be registered for an @ Work account;
(iii) An Amex vPayment facility will not bear the name or signature of a specific
employee.
(b) Amex Go facility
If Company elects to enable an Amex Go facility on its Virtual Payment Account,
the following terms will apply:
(i) Company must be registered for an @ Work account;
(ii) Company must designate in writing, or in @ Work (via Account Users),
employees and non- employees that are authorised by Company to receive
and use Virtual Account Numbers via the Amex Go App;
(iii) American Express may rely on all written and oral directions (including via
American Express @ Work digital platform) that it receives;
a) from authorised officers of Company to designate individuals as
Account Users; and
b) from authorised officers of Company and/or Account Users to issue
Virtual Account Numbers to employees and non-employees of
Company. We will be entitled to hold Company responsible for all
Charges incurred on the Amex Go facility by such employees and
non-employees.
(iv
) Company agrees that, where you have provided American Express with
personal information about employees or non-employees, you must obtain
the individual’s unambiguous and informed consent to use their information.
Where you have provided us with information about employees or non-
employees, you will also ensure they are aware of their ability to access that
information in accordance with the Privacy Act (and advise American Express
if they think the information is inaccurate, incomplete or out-of-date), and the
contact details of the American Express Privacy Officer.
(v) The contact details of our Privacy Officer are: The Privacy Officer,
American Express Australia Limited, GPO Box 5087, Sydney NSW 2001.
(vi) Subject to (vii) below, on receipt of authorisation from Company,
American Express will facilitate the issuance of Virtual Account Numbers to
authorised employees and non-employees of Company via the Amex Go App.
(vii) Company acknowledges that American Express must verify the identity of
authorised non-employees of Company in accordance with the Anti-Money
Laundering and Counter-Terrorism Financing Act 2006 and you have
obtained the individual’s consent to carry out electronic identity verification
checks.
(viii)
Company acknowledges and agrees that non-employees will not be eligible
to receive Virtual Account Numbers until American Express has provided
Company with confirmation that verification of such non-employees has
been completed by American Express.
(ix) In the event that American Express is unable to verify the identity of any
non-employees Company acknowledges and agrees that such individuals
will not be eligible to use the Amex Go App.
(c) BTA with Virtual Payments facility
In the case of a BTA with Virtual Payments facility, this term means an individual
authorised by you to make air travel, car rental and hotel reservations and
thereby incur Charges on your BTA with Virtual Payments facility. Where you
elect to enable a BTA with Virtual Payments facility within your Virtual Payment
Account, the following clauses also apply:
(i) Authorised officer(s)
AEX9559 07/20
americanexpress.com.au/cs
American Express Australia Limited ABN 92 108 952 085
®
Registered Trademark of American Express Company.
American Express Global Commercial Services Agreement in Australia – Company
FEE SCHEDULE* – AUSTRALIA (AUD)
(GST exclusive)
* Various service related fees may be charged if you elect additional services from us. Any such fees will be disclosed to you at the time of accepting the service.
# All fees are GST exclusive.
Corporate Products
Fees
#
Late Payment Charge
Foreign Currency
Conversion Commission
Annual Card Fees (figure in
brackets denotes number of
Cards issued)
Dishonoured or Returned
Payments
American Express Corporate Card (Green)
& American Express Qantas Corporate Card
(Green)
The greater of $30 or 3% of the
outstanding balance
3%
(1 – 19) $70
(20 – 99) $50
(100 – 249) $40
(250 – 499) $35
(500 +) $0
$6
American Express Corporate Card (Gold) &
American Express Qantas Corporate Card (Gold)
The greater of $30 or 3% of the
outstanding balance
3% Incremental fee @ $35 per Card $6
American Express Corporate Card (Platinum)
American Express Qantas Corporate Card
(Platinum)
The greater of $30 or 3% of the
outstanding balance
3%
$800
$1200
$6
American Express Business Travel Account
(BTA)
The greater of $10 or 3% of the
outstanding balance
3% N/A $6
American Express Corporate Purchasing Card
(CPC)
The greater of $30 or 3% of the
outstanding balance
3%
(1 – 9) $60
(10 – 19) $45
(20 – 99) $33
(100 – 249) $30
(250 – 499) $24
(500+) $15
$6
American Express Corporate Meeting Card
(CMC)
The greater of $30 or 3% of the
outstanding balance
3%
(1 – 9) $60
(10 – 19) $45
(20 – 99) $33
(100 – 249) $30
(250 – 499) $24
(500 +) $15
$6
American Express vPayment facility
The greater of $30 or 3% of the
outstanding balance
1% N/A $6
American Express Go Facility
The greater of $30 or 3% of the
outstanding balance
1% $3 per App User (one-off fee) $6
BTA with Virtual Payments
The greater of $10 or 3% of the
outstanding balance
3% N/A $6
Conditions P7 of 7
AEX9559 07/20
American Express Global Commercial Services Agreement in Australia – Company
American Express may rely on all written and oral directions that it receives
from authorised officers of Company to designate individuals as Account
Users. You are responsible for notifying your TMC of any changes to that list.
We shall be entitled to rely upon the accuracy of this or any updated version
of this list provided an update is received from an authorised officer. We
shall also be entitled to hold you responsible for all Charges incurred on the
BTA by such authorised individuals or individuals who reasonably appear to
be such Account Users.
(ii) Changing TMC
If you cease using the services of your TMC, you may either:
(a) request the BTA be closed. Any outstanding amounts on this BTA will
require immediate payment. Subject to approval by American Express,
you may apply for a BTA for use at your new TMC; or
(b) change your designated TMC by notifying us in the form and manner
specified by American Express. From the statement period following
such notification, your BTA statement will contain data submitted by
the new TMC.
(iii) Use of the BTA
(a) You agree and acknowledge that where you have chosen to enable BTA:
(i) American Express will provide you with one or more BTAs that uses
Virtual Account Numbers to pay for air, hotel and car Charges; and
(ii) American Express will enable your nominated TMC to request Virtual
Account Numbers from American Express. The TMC will then provide
the Virtual Account Numbers to Merchants as payment for Charges.
(b) Once your request for a BTA has been approved by American Express,
we will provide you with a BTA number.
(c) Upon your request, you agree that we may provide your BTA number to
your nominated TMC.
(d) The TMC will accept travel booking requests from your Account Users
and charge the associated costs to your BTA. The TMC will prepare
appropriate Record of Charge forms (‘ROC’) showing the Card number
quoted by you.
(e) You agree that each BTA assigned to you will be used only for the
purpose designated by American Express and in accordance with your
policies and procedures.
(f) Cash Advances cannot be charged to the BTA.
(g) Upon receipt of a ROC, we shall debit or credit the amount of the
Charge to your BTA, as appropriate.
(h) You agree to be bound by the normal terms and conditions governing
the booking of air travel, car rental and hotel reservations (and any
other transportation means) at any TMC. This shall include, but is not
limited to the obligation to pay applicable cancellation fees. With
respect to the handling of the BTA or of any Charge, the BTA terms and
conditions take precedence.
(i) You acknowledge that where you or TMCs submit Charges to your BTA,
American Express may not receive certain data from Merchants,
including data relating to tolling fees, and such data will not be captured
in your BTA statement. You must raise any dispute relating to such data
directly with the Merchant and to the exclusion of any involvement by
American Express and you agree that you may not withhold any amount
owing by you.
