Disclaimer and copyright

1. Definitions
   1. In this Terms of Use Agreement the words:
      1. City, City of Swan, We, Us, Our all mean the City of Swan.
      2. Online Services Portal refers to the City’s eServices.swan.wa.gov.au website.
      3. Material means any information, text, symbol, logo, image, video, audio, document, file or other data uploaded on the Online Services Portal by the City.
      4. User Account means your personal registered account for the City’s Online Services Portal.
      5. You or Your means you as the person accessing the City’s Online Services Portal.
2. Agreement
   1. By registering a User Account for the City's Online Services Portal You acknowledge that You have read, understood and agree to comply with these Terms of Use.
   2. The City reserves the right to change these Terms of Use at any time. The City will send a notification of any change by email, to the contact email address provided by You for Your User Account with the City’s Online Services Portal.
3. Access
   1. You agree to provide the City with accurate and complete registration and User Account information and to retain, maintain and promptly update that information in the event of any changes.
   2. By registering for a User Account for a particular property You warrant that you are the registered owner of the property or have the written consent of all registered proprietors of the property to set up a User Account for the property.
   3. By registering to use the Online Services Portal as an 'individual' You must:
      1. be over the age of 18;
      2. provide an active email address;
      3. not share Your login details including password with anyone;
      4. agree to notify the City immediately of any unauthorised use of Your password or email account or any other breach of security related to Your User Account.
   4. By registering a User Account with the City’s Online Services Portal as a company, corporate body or organisation You:
      1. agree that You are an authorised representative of the company, corporate body or organisation You represent and that You have authority to accept these Terms of Use on behalf of the company, corporate body or organisation;
      2. provide an active email address;
      3. provide Your name and contact details;
      4. provide an Australian Company Number (ACN), Australian Business Number (ABN), Builder’s Registration Number (BRN) or Certificate of Incorporation of an Association as applicable;.
      5. agree to restrict login details including passwords to only authorised personnel or representative of the company, corporate body or organisation;
      6. agree to notify the City immediately of any unauthorised use of Your password, email account or any other breach of security of Your User Account;
      7. accept that all authorised personnel will have full access to all information that the City may make available through the Online Services Portal.
   5. The City reserves the right at any time to modify, restrict or discontinue Your access to the Online Services Portal (or any part), with or without notice, temporarily or permanently without liability to You or Your company, corporate body or organisation or its members.  
4. General notices, invoices, and statements
   1. By registering for a User Account for the City’s Online Services Portal You acknowledge and agree:
   2. You are consenting to receive statements, notifications and notices relating to You electronically;
   3. You will no longer receive paper copies of documents, such as notices and invoices;
   4. the City is not responsible for non-receipt of documents such as invoices or notices once sent to You by the City by email;
   5. to regularly check Your mailbox and ensure Your mailbox is not 'full';
   6. to ensure Your mailbox does not have a diversion or a "forward all emails" facility in place;
   7. to ensure Your mailbox can receive documents such as invoices and rates notices in portable document format (PDF);
   8. to check that emails and notifications from the City are not filtered into Your junk mail;
   9. to pay Your accounts to the City by the due date to avoid interest penalties;
   10. that if You had previously registered to receive Your notices  by email (such as the City’s eRates system) and the email address You use when You create Your User Account for the Online Services Portal is different, then the Online Services Portal email address You nominated will become Your single registered email address and will be used by the City to email future notices, regardless of the email address You previously registered with the City;
   11. the City does not warrant or represent that the information or Material on the Online Services Portal is free from errors or omissions or is suitable for Your intended use. Any advice contained on this Online Services Portal has been prepared without taking into account Your objectives, financial situation or needs. Before acting on any advice on the City’s Online Services Portal, we recommend that You consider whether it is appropriate for Your circumstances.
   12. You acknowledge that the City’s building application service does not provide a property history and should not be relied upon as a record of building approvals.
5. Rates notices, invoices, and statements
   1. If You are a property owner, then by registering for a User Account for the City’s Online Services Portal You acknowledge and agree:
   2. future rates notices will be sent to Your nominated email address and dependent on the timing of Your request, You may receive one more notice posted to you  before the email schedule is finalised;
   3. that rates notices will be emailed to the most recent email address You have provided to the City before the notice issue date. If You update Your email address, depending on the timing of this update, You may receive one more rates notice delivered to the previous email address before the request is finalised;
   4. that the City will only register one email address for Your rates accounts and all notices will be sent to the same email address, being the latest email address You provided to the City;
   5. that the City will not email rates notices for the same property to different email addresses. Similarly, the City will not post one notice to Your letterbox and email the other notices for the same property;
   6. that if You own multiple properties You will receive rates notices for all properties to Your nominated email address;
   7. by obtaining a rate account balance for Your property using Online Services Portal, You acknowledge and agree;
      1. the results displayed reflect the information held within the City's records which is current at the date first published on the Online Services Portal site and not necessarily at the time of the request, therefore the information may change in the time between the information being published and the time of access;
      2. the information displayed may not represent the full amount owing on the account (for example if charges are pending as a result of changes to the calculated rates, or if legally recoverable charges have been incurred due to action taken to recover overdue rates) and the balance of Your rates account as displayed through the Online Services Portal may not represent full and final settlement of the rates and charges owing by You to the City;
      3. if these circumstances apply to Your rates account, please email the City at swan@swan.wa.gov.au or phone on Us on 08 9267 9160 for an up-to-date balance of Your account before making payment;
      4. if Your rates related request cannot be processed using the Online Services Portal, please email the City at swan@swan.wa.gov.au or phone Us on 08 9267 9160.
6. Changes to the services
   1. You acknowledge that:
      1. the City may at any time modify, suspend or terminate the Online Services Portal. The City will use best endeavours to notify You at least 14 days prior to the services being, suspended or terminated;
   2. at times the Online Services Portal may undergo development or upgrade or cease to operate and You agree that in such circumstances prior notice of the event may not be given to You.
7. User conduct and the use of Materials
   1. As a condition of use when accessing the Online Services Portal You must:
      1. only use the City’s Material for personal use or informative purposes;
      2. not modify or use the City’s Material in an improper manner, attribute Your use of the Material as a City Material, or present it as City Material without prior written consent of the City;
      3. not use or distribute the City’s Material or any derivative of the Material for profit or commercial purposes;
      4. not use, post or transmit using the Online Services Portal or using any other devices such as laptop, tablet or smart phone or on any social media forum any of the City’s Material that breach any laws or regulations, infringes upon a third party's privacy or legal rights;
      5. not use, post or transmit using the Online Services Portal or using any other devices such as laptop, tablet or smartphone or on any social media forum any of the City’s Material that interferes with other users or defames, harasses, threatens, menaces, offends or incites racial hatred or restricts any person, or inhibits any other user from using or enjoying the Online Services Portal;
      6. not use the Online Services Portal to send unsolicited and unwanted email messages to anyone or make any fraudulent or speculative enquiries, bookings, reservations or requests using the Online Services Portal;
      7. not use another person's identity information to access the Online Services Portal, including but not limited to, their name, address, username, password, rate reference number or postcode without their prior permission;
      8. not post, transmit or upload via the Online Services Portal any obscene, indecent, inflammatory or pornographic material, or material that could give rise to civil or criminal proceedings;
      9. not collect or attempt to collect any information or communication about any other users of the Online Services Portal;
      10. not attempt to undermine the security or integrity of the City’s computing systems or networks, or where the services are hosted by a third party, that third party's computing systems and networks;
      11. not attempt to gain unauthorised access to any Materials other than those to which You have been given express permission to access or to the computer system on which the services are hosted;
      12. not transmit, or input into the services or onto the Online Services Portal, any files that may damage, cause virus or corrupt any other person's computing devices or software (including by introducing any malicious software or code);
      13. not input into the services any content that may be offensive, or material or data in violation of any law (including data or other material protected by copyright or trademarks which You do not have the right to use); and
   2. not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the services or to operate the Online Services Portal.
8. Indemnity
   1. You agree to indemnify the City against all claims, costs, damage and loss arising from any breach of these Terms of Use or any obligation You may have to the City, including any third party claims against the City arising from any breach of these Terms of Use by You.
   2. By accessing the Online Services Portal, You agree to the extent permitted by law, to discharge, indemnify and hold harmless City and its officers, employees, agents and related bodies from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses arising out of, or in any way connected to, Your use of the Online Services Portal. 

These terms outlines the direct debit arrangement between us, City of Swan ABN 21 086 180 442 (City) and you, for your payment of rates and charges. It also explains your rights and obligations when undertaking a direct debit arrangement with us and what our obligations are to you. 

Meaning of terms we use in this document 

Nominated Account	The account held at the financial institution you’ve nominated in your Direct Debit Request, and from which we are authorised to arrange for funds to be debited. Credit card accounts are not accepted.
Agreement	This Direct Debit Request Service Agreement between you and us.
Debit Payment	A particular transaction where a debit is made. A debit is an amount that is deducted from an account.
Direct Debit Request or DDR	The written or online request you give us to debit funds from your account.
Us, We	City of Swan
You	The nominated accountholder(s) who have authorised the Direct Debit Request.
Your Financial Institution	The financial institution at which you hold the account you’ve authorised us to debit.

 

You agree and accept the following terms and conditions:

1. By agreeing to a Direct Debit Request, you authorise and request us, City of Swan (User ID number 121341), to arrange for funds to be debited from your Nominated Account. 
2. We’ll arrange for funds to be debited from your Nominated Account for your rates and charges repayments. You also authorise us to make any other debits permitted by this agreement or your DDR. 
3. Payments from your Nominated Account will be made on Friday each week or fortnight, depending on your selected payment frequency on your DDR and the deduction dates as specified by us.
4. This direct debit arrangement will be set up as an ongoing arrangement that will stop at your request, either by phone or in writing.
5. If you request a Direct Debit change to start on a Direct Debit repayment due date, in some cases the change may be applied from the next Direct Debit repayment date. 
6. Penalty interest on rates (5 per cent) and emergency services levy (11 per cent) will accrue daily after the due date on the applicable outstanding balance. 
7. We reserve the right to review your direct debit arrangement and request to debit a higher amount to ensure that rates and charges are paid on time, and to cancel your direct debit arrangement if your account balance is nil or in credit by more than an estimate of rates and charges for the following financial year.
8. A dishonour fee of $10.00 for each rejected payment will be on charged to your rates account.
9. A re-establishment fee of $59 for each reinstatement of a direct debit arrangement will be on charged to your rates account.
10. The maximum number of any re-establishments allowed per financial year is one (1). Following a second cancellation of any kind of payment arrangement in the same financial year, payment in full will be required or the account may be subject to debt recovery proceedings.
11. If your rates account is in credit and you apply for a refund, the first refund request fee is $32.00. A fee of $59 will be applied to any subsequent requests in the same financial year.
12. We allow two (2) temporary payment reductions during each financial year. This reduction is subject to increasing the frequency of your scheduled payments to ensure the outstanding balance is cleared within the agreed period.
13. Registered pensioners/seniors are not charged penalty interest, direct debit arrangement re-establishment or refund fees. However, pensioners and seniors whose account is in arrears may still be subject to debt recovery proceedings.
14. If a Direct Debit due date falls on a non-working day, we will process the debit on the next working day (for example, payments falling on Good Friday will be deducted the following Tuesday)
15. If you are not sure about which day your account has been, or will be, debited, you should speak to Your Financial Institution. 
16. We may send notices either electronically or by ordinary post to the address you have given us. If sent electronically, communications are taken to be received when they enter the first information system outside the City of Swan; If sent by mail, they are taken to be received on the day they would be received in the ordinary course of post. 
17. We will give you at least thirty (30) days’ notice if we vary the terms of this agreement. 
18. All customer records and account details will be kept private and confidential in accordance with privacy laws. We may disclose your account and Direct Debit details at your request, or at the request of Your Financial Institution in connection with a claim made relating to an alleged incorrect or wrongful debit or as required by law or permitted under our privacy statement.
19. Be aware Direct Debiting through the Bulk Electronic Clearing System is not available on all accounts. If in doubt, contact Your Financial Institution. 

Your responsibility

20. You should confirm your Nominated Account details are correct before submitting this Direct Debit Request by checking them against a recent account statement. It is your responsibility to ensure sufficient cleared funds are available in your Nominated Account at the time of your scheduled direct debit deduction. 
21. You must advise us immediately, in writing, if your Nominated Account details change or the account is closed. 
22. You should regularly check your account statements to verify that the amounts debited from your account are correct. If you believe there has been an error, you should contact Your Financial Institution or us immediately. 
23. You’ll need to ensure that you have sufficient funds in your Nominated Account on each repayment due date until the Direct Debit occurs. If you do not have sufficient funds, then:
    • The payment will be regarded as not having been made; 
    • A fee may be charged to your account (eg. dishonour fee) 
24. For weekly repayments, if your debit item is rejected an email confirmation will be sent including a request to make a manual payment. We will attempt to deduct the next scheduled amount, but if it is rejected as well, we will cancel the Direct Debit arrangement and this Agreement and your account may be subject to debt recovery proceedings.
25. For fortnightly repayments, if your debit item is rejected an email confirmation will be sent including a request to make a manual payment.
26. If no contact or payment is made two (2) days before the next scheduled Direct Debit deduction date, the Direct Debit arrangement and this Agreement will be cancelled, and your account may be subject to debt recovery proceedings.
27. If we receive a rejected payment based on a stopped payment, your direct debit arrangement will be cancelled, and debt recovery proceedings may follow.

Acknowledgements

28. By requesting a Direct Debit arrangement, you consent and acknowledge that: 
    • You are authorised to give Direct Debit instructions on the Nominated Account;
    • You and any other accountholder(s) on the Nominated Account can cancel the Direct Debit Request at any time;

Your rights

29. To change, suspend, cancel or discuss your Direct Debit arrangement, please contact us:
    • Telephone:     (08) 9267 9160
    • Email:         swan@swan.wa.gov.au, 
    • Post:             City of Swan, P.O. Box 196, Midland WA 6936
    • Fax:             (08) 9267 9444
    • Visit:             City’s Administration Building at 2 Midland Square, Midland.
30. You should allow a maximum of 30 working days for any amendments to take effect.
31. Alternatively, you can also arrange to suspend and/or cancel this Direct Debit arrangement through Your Financial Institution. 
32. If you believe there has been an error in debiting your Nominated Account you should contact Your Financial Institution or us immediately. If we conclude your account has been incorrectly debited we’ll promptly arrange for Your Financial Institution to adjust your account (including interest and charges) an we will notify you of the amount your account has been adjusted. If we conclude on reasonable grounds that your account has not been incorrectly debited, we’ll promptly advise you of the outcome and provide you any related evidence. 

1. Your City of Swan payment arrangement is valid for a single financial year and will cease at the end of the financial year (30 June).  If you wish to continue paying your rates the same way  new payment arrangement must be created for each financial year.
2. As noted on your annual rate notice, penalty interest will be accruing daily on any outstanding rates and emergency services levy balances, however it is not factored into the calculation at the time of your online payment set up. When submitting your payment arrangement, you accept that it is your responsibility to contact the City to obtain your final outstanding balance inclusive of all penalty interest accrued to date.
3. Please be aware that:
3.1 Administration fee of $35 will be added to your outstanding balance.
3.2 Penalty interest be accruing daily on overdue rates (5%) and emergency services levy (11%) until paid in full.
3.3 If your payment arrangement is cancelled, a re-establishment fee of $56.50 will be applicable.
3.4 Maximum number of re-establishments allowed per financial year is one (1).
3.5 A request for a refund where a payment arrangement goes into credit will incur an administration fee; first request $30, subsequent requests within the same financial year will incur fee of $56.50 each.
3.6 Registered Pensioners/Seniors are exempt from administration fees and penalty interest although may be subject to debt recovery proceedings.
4. The City of Swan reserves the right to review a payment arrangement and impose a minimum payment amount to ensure that rates and charges are paid in a timely manner or cancel your payment arrangement if your account balance is nil, in credit or default.

5. Non-payment/Cancellation 
5.1 Should you default on your payment arrangement the City will cancel the payment arrangement without further notice and, your account may be subject to debt recovery proceedings. Should you not be able to make full payment the City will accept a maximum of one (1) payment plan re-establishment within the same financial year, (administration fee of $56.50 will be applicable). Following a second cancellation, payment in full will be required to avoid debt recovery proceedings.
6. For all matters relating to your payment arrangements, please contact City of Swan Rating Services and outline your request or issue by:
•    Phone: (08) 9267 9160
•    Email: swan@swan.wa.gov.au
•    In writing: send written correspondence addressed to City of Swan, P.O. Box 196, Midland WA 6936
•    Fax: (08) 9267 9444
•    In person:  visit the City’s administration building at 2 Midland Square, Midland.

7. Disputes
If you have any concerns regarding your balance, or payments, please call Rating Services directly on (08) 9267 9160.
8. The City will publish payment arrangement Terms and Conditions on its web page. 

Opinions expressed and statements made during a Council meeting are those of the individuals making them and not those of City of Swan (the City). Unless by way of Council resolution, the City does not endorse or support the views, opinions or conduct that may be expressed by individuals at a Council meeting and which may be contained in a stream or archived recording of a Council meeting via YouTube or other system.

The City does not accept any responsibility for any verbal comments made during Council meetings which may be inaccurate, incorrect, defamatory, or contrary to law and does not warrant nor represent that the material or statements made during the live streamed meetings are complete, reliable, accurate or free from error.

The City does not accept any responsibility or liability for any loss, damage, cost or expense that might be incurred as a result of the viewing, use or reliance of information or statements provided in a live stream or archived recording of a Council meeting.

Endorsed Council minutes provide the definitive record of Council’s resolutions