Business Online terms and conditions

These terms and conditions explain:

• important information on the use of Westpac Business Online, Password security and cancellation of Westpac Business Online access;
• Your rights, responsibilities and obligations once You are registered for Westpac Business Online;
• Westpac's rights, responsibilities and obligations as the provider of Westpac Business Online; and
• Your authority to Westpac to act as instructed against Your nominated accounts.

• You must appoint at least one Administrator to act on Your behalf. Your Administrator has the highest level of rights and responsibilities in regard to the Westpac Business Online facility, with complete access to all nominated accounts.
• In the event that there is no Administrator allocated to that facility, Westpac may, in its discretion, act as a temporary Administrator on that facility and/or suspend or withdraw Your access to Westpac Business Online.
• Every Administrator is also an Authoriser of the facility (see below).
• The functions of Your Administrator include:

Administering the set up of other Authorised Persons Designating levels of access rights for each Authoriser and Creator/Viewer Resetting Passwords for other users Disabling or restricting access for Authorisers and Creators/Viewers Receiving all notices from Westpac in relation to Westpac Business Online

• Upon receipt of all required documentation, each Authoriser will be set up by Westpac and will have the ability to authorise transactions on nominated accounts within the limits established by Your Administrator.
• The functions of each Authoriser include:

Viewing nominated accounts Setting up value transactions Depending on the signing rule you select to apply to Westpac Business Online, authorising transactions on Westpac Business Online.

• Creator/Viewers are set up on Westpac Business Online by Your Administrator. Each Creator/Viewer is able to view and/or create (but not authorise) transactions on Westpac Business Online, within the limits established by Your Administrator. Each transaction must be separately authorised by an Authoriser.

• Responsible for ensuring that all Authorised Persons are aware of, and comply with these terms and conditions.
• Responsible for all acts and omissions of all Authorised Persons in respect of Westpac Business Online.

1. Details about your Business ID, Login IDs, Passwords and Administrator Verification You gain initial access to Westpac Business Online by completing the Westpac Business Online application which can be found by visiting our web-site (www.westpac.co.nz) and downloading and completing the application form.

Once the Westpac Business Online application has been processed and accepted, You will be issued with a unique Business ID. You will also be provided with a Login ID and initial Password for each Administrator set out in the Westpac Business Online application. Each Administrator will also be provided with, or will provide Westpac with, an additional unique means of Administrator Verification. This will be used by Westpac to identify Your Administrator when communicating with Westpac by telephone. Each Authoriser and Creator/Viewer will be provided with a Login ID and initial Password by Your Administrator.

Each Authorised Person will be prompted to change their initial Password as part of their first logon to Westpac Business Online.

Once an Authorised Person has changed their Password, he or she must memorise this and use it with Your Business ID and their Login ID to access Westpac Business Online.

The Password each Authorised Person chooses must be a minimum of 8 characters and must include at least 1 letter and 1 number. It may also include some special characters and spaces. This will be that person’s own confidential Password to access Westpac Business Online.

Safety of Passwords and Administrator Verification:

You must, and must ensure that each Authorised Person, does:

• take steps to reasonably safeguard Your or their Password or Administrator Verification
• NOT allow anyone to observe you entering your password or overhear you when providing details of Administrator Verification.
• NOT disclose or allow Your or their Password or Administrator Verification to become known to anyone else, including another Authorised Person, other employees, family or those in apparent authority such as management, the Police or Westpac staff
• NOT write down, record or store Your or their Password or Administrator Verification anywhere in written or electronic form, including in a file on Your or their computer, including any password saving facility (unless it is a Secure Password Facility) or on your mobile device (e.g. in your sent items folder). A Secure Password Facility is one where the information in it is securely encrypted and which can only be accessed with a password or other security device that complies with the Password guidelines contained in these terms and conditions.
• choose a Password or Administrator Verification that is unique and/or is not the same as or similar to passwords used for any other services, equipment or cards You or they may use, including any non-banking services;

Each Authorised Person may change their Password at any time. We will also prompt and require each Authorised Person to change their Password for Westpac Business Online every 90 days.

Please note: There is no legitimate reason for You or an Authorised Person to disclose his or her Password to anyone, including Westpac staff, other employees or management, Police, etc. If anyone from Westpac or claiming to be from Westpac asks for this information, the Authorised Person should refuse to provide their Password and let us know immediately (by calling us on 0800 337 522).

2. Using Westpac Business Online

Each Authorised Person is responsible for the security of their Login ID, Password and Administrator Verification (if applicable).

Anyone accessing Westpac Business Online using Your Business ID, any Login ID and Password or Administrator Verification will have access to Your nominated accounts and may be able to effect transactions on these. Westpac will have no obligation to verify or take any steps to verify any instruction received from You or an Authorised Person or appearing to be sent by You or an Authorised Person via Westpac Business Online.

You or an Authorised Person must never leave a Westpac Business Online session unattended while logged in.

Only one signing rule can be applied to all the nominated accounts. That signing rule will apply to all nominated accounts when they are accessed using Westpac Business Online, notwithstanding any different (including more limited) signing rules that may apply to such accounts when accessed other than via Westpac Business Online.

Access rights granted to Authorisers and Creators/Viewers by Your Administrator are at Your Administrator’s sole discretion. Westpac is not responsible for any fraudulent acts or disclosure of information occurring due to an inappropriate allocation of these rights by Your Administrator.

If You appoint more than one Administrator, Westpac may take instructions from any Administrator.

You must ensure that only those people authorised by You can use Westpac Business Online and/or access the nominated accounts through Westpac Business Online. You must ensure that each Authorised Person is assigned separate Login IDs and Passwords. Use of the same Login ID and Password by more than one person is not permitted.

You must ensure that any Authorised Person who is no longer authorised to access Westpac Business Online is immediately disabled from accessing and using Westpac Business Online. Westpac is not responsible for any losses arising from You not disabling an Authorised Person’s access immediately upon that Authorised Person no longer being authorised.

Information provided through Westpac Business Online will in normal circumstances reflect the state of an account as at the close of business on the previous banking day. However, all information obtained through Westpac Business Online is subject to verification and authorisation by Westpac in accordance with normal banking practice and, in particular, the proceeds of cheques will not be available until cleared.

As part of doing business, Westpac may accept telephone, facsimile or other instructions in the course of the banker/customer relationship. However Westpac is not obliged to accept instructions in these forms and will not be liable to You or any other party if the instructions are unauthorised, forged or fraudulently given and Westpac could not reasonably have detected that from the instructions received.

All instructions provided to Westpac by You or Your Administrator in regard to the administration of nominated accounts and/or Authorised Persons (e.g. additions or removals, or changes to authority levels) must be confirmed to Westpac in writing. Westpac may, in its discretion, agree to action certain requests on the basis of verbal instructions. However, should we not receive confirmation of instructions in writing within 10 working days from the date the instructions were initially received by Westpac, we are entitled to cancel that instruction.

You should reconcile Your business or financial records with Your bank statements at least monthly so that you can monitor Your instructions via Westpac Business Online.

You should also initiate appropriate internal controls to minimise the risks of fraud.


3. Your liability

You will be liable for all loss, including any consequential loss suffered by other people, if You or any Authorised Person act fraudulently, either alone or together with any other person.

You will be liable for some or all loss arising from any unauthorised access if You or any Authorised Person have wilfully or fraudulently caused or contributed to that loss or have failed to comply with these Terms & Conditions.

If you advise us as soon as you become aware that your or any Authorised Person’s Login ID and/or Passwords are or may be known by another party, or that there has been unauthorised access to your accounts accessible by using Westpac Business Online, you will not be held responsible for loss unless you have wilfully or fraudulently caused or contributed to that loss or have failed to comply with these Terms & Conditions.

You will not be responsible for:

• unauthorised transactions occurring prior to any Authorised Person accessing Your accounts via Westpac Business Online for the first time
• faults that occur in our Westpac Business Online systems and software, excluding any fault that is obvious or has been advised by messages or notice on display
• fraudulent or negligent conduct by Westpac’s employees or agents
• any other unauthorised transaction where You or Your Authorised Persons could not have contributed to the loss.

• provide all available information of any actual or possible Password or Administrator Verification disclosure or unauthorised access to Your nominated accounts via Westpac Business Online. In addition, You agree to assist Westpac to recover unauthorised amounts withdrawn or paid from any of Your nominated account(s) or otherwise transferred to or from any other account(s);
• as well as advising Westpac as soon as you become aware that there has been unauthorised access to your accounts accessible by using Westpac Business Online, advise the police.

In the event of fraud or negligence by a Westpac employee or agent, Westpac will be liable for any direct or indirect costs, losses, damage or other liabilities which result from that fraudulent or negligent conduct.

In any other case other than fraud or negligence by a Westpac employee or agent, irrespective of any other term & condition in any agreement between You and us, Westpac will not, under any circumstances, be liable for:

• any amount other than the amount withdrawn or paid from your account as a direct result of unauthorised access or fraud
• losses due to user error or
• losses arising out of unauthorised access or fraud committed by your employee, officer or agent.

• Your or any Authorised Persons use or inability to access Westpac Business Online at any time, inaccurate content or information, or any failure or delay in providing service via the internet;
• faults in, or a malfunction of, any equipment (including telecommunications equipment) which supports Westpac Business Online, regardless of whether that equipment is ours or used by us to provide these services.

Westpac Business Online is only available for the accounts nominated by You. You can add further nominated accounts (as required) or change those accounts that are nominated accounts by completing and submitting the Making Changes form. Westpac reserves the right to specify which accounts can be nominated accounts, to vary the accounts available for nomination and to restrict access to nominated accounts.

6. Value Transactions

Any instructions You or any Authorised Person make when using Westpac Business Online will be taken to mean You wish Westpac to act on those instructions. Instructions will not be considered complete until they are confirmed by us. However, Westpac reserves the right to refuse to act upon an instruction for any reason and may therefore defer confirmation or seek further information as we see fit.

Transfer of money to or from account(s) or any other electronic transfer of funds will be debited/credited as per the instructions given at the time of the transfer request.

You or an Authorised Person cannot cancel an instruction made by Westpac Business Online once Westpac has acknowledged that it has received it, unless we inform You otherwise.

As part of our security procedures, we reserve the right to record any phone calls and to retain these recordings.

Westpac Business Online allows for value transactions such as third-party payments, tax payments, automatic payments, direct debits (where You are a Bank authorised direct debit initiator) and transfers to be conducted from Your nominated account(s).

Any transactions You or any Authorised Person complete via Westpac Business Online are subject to Westpac's terms and conditions, authorities, specified cut off times and any fees or charges applying at that time. When You or any Authorised Person uses Your unique Business ID, and an Authorised Person’s Login ID and Password to set up a value transaction this is Your authority to us to carry out transactions in accordance with Your instructions.

Over time new or varied functionality may also be added. You must ensure that You are satisfied for value transactions to be carried out using this service. If any new or existing functionality involving value transactions causes You concern please advise us straight away so that we can discuss other alternatives that may suit Your needs.

We will process and complete all value transactions properly initiated through Westpac Business Online in accordance with these terms and conditions and all other applicable Westpac terms and conditions, including specified cut off times. It is Your responsibility to make sure there is enough money in Your accounts to ensure all value transactions can be made.

We may refuse at our sole discretion to action an automatic payment or other value transaction if we believe there is not (or will not be) enough available money in Your account.

Some Westpac accounts have funds checking in relation to automatic payments as a standard feature. That means we check if there is enough available money in Your account before we action an automatic payment.

You may also ask us to do funds checking in relation to automatic payments on an account that does not have funds checking as a standard feature.

If funds checking finds there is not enough available money in Your account to cover the automatic payment, the automatic payment will not be made but it may be retried the next business day. If there is enough available money in Your account when the automatic payment is retried, the payment will be made. If there is not enough available money in the account when it is retried the payment will fail, a zero dollar transaction will be posted to Your account, and a payment failed fee may be charged (refer to the Interest rates and account fees section of our website for fees and charges).

Where an automatic payment is not funds checked and the automatic payment takes the account into overdraft or in excess of any agreed overdraft limit, then our honour or dishonour fee rules apply (refer to the Interest rates and account fees section of our website for fees and charges).

We may terminate an automatic payment authority, without notice to You, when an automatic payment fails to be paid on three consecutive payment cycles due to insufficient funds.

You may not be able to access funds from cheques and/or deposits containing uncleared funds until they have been cleared.

While Westpac may accept instruction(s) from You or any Authorised Person to set up value transactions to payees who are not pre-registered, those instructions are still subject to the payee(s) agreeing to receive payment via Westpac Business Online.

Westpac may impose such restrictions as it reasonably thinks fit for the efficient processing of value transactions. These restrictions may include, but shall not be limited to, restrictions with respect to the volume of transactions processed in a given period of time and the cut off times for lodging value transactions for payment.

Westpac has the sole authority to conclusively determine the order in which payments are to be debited to Your account pursuant to this, or any other authority, cheque or draft properly executed and given to or drawn on Westpac.

Prior to Your transmitting instructions for Direct Debit processing, You must execute the necessary documentation required to become a registered direct debit system user in terms of the instructions issued by the New Zealand Bankers’ Association from time to time.

All instructions transmitted to Westpac via Westpac Business Online shall specify a due date for the transaction to be processed. You and any Authorised Person may access Westpac Business Online 7 days a week for creation and storage of transactions but processing of such instructions will only take place on the due date.

We reserve the right to impose or change maximum or minimum transaction values as we see fit.

1. We will use reasonable care and skill to give effect to the directions given to us in the authority.
2. We accept any directions given in an authority without any responsibility or liability for any refusal or omission to make all or any of the payments or for late payment or for any omission to follow such directions.
3. We accept no responsibility or liability for the accuracy of the information contained in the payment information fields on the authority. You and any Authorised Person will be solely responsible for ensuring such information, including the other party’s bank account number where the other party is not pre-registered, is accurate. We accept no responsibility or liability if the information is incorrect.
4. You and any Authorised Person undertake to advise us immediately of any information about payments shown on bank statements or transaction records that is incorrect.
5. The authority is subject to any arrangement now or hereafter subsisting between You and us in relation to Your account.
6. We may in our absolute discretion conclusively determine the order of priority of payment by us of any monies pursuant to the authority or any other authority or cheque which You may now or hereafter give to us or draw on Your account.
7. We may in our absolute discretion refuse to make any one or more payments pursuant to the authority where there are insufficient funds available in Your account.
8. The authority may be terminated or reduced by us or the payee for any reason and at any time without notice to You in respect of the payments detailed in the authority.
9. The authority will remain in force and effect in respect of all payments made in good faith notwithstanding Your death or bankruptcy or any other revocation of this authority until notice of Your death or bankruptcy, or other revocation is received by us.
10. All current Westpac and Government charges for this service in force from time to time will be debited to Your account.

You or any Authorised Person will be able to obtain historical transaction and account balance information through Westpac Business Online. If You require more information You can contact Your Branch or relationship manager.

You acknowledge that third party providers of services to Westpac, who are involved in delivering Westpac Business Online, may store transaction and account balance information for future reference in the event of disputes.

You and any Authorised Person will not be able to access funds from cheques and/or deposits containing uncleared funds until those funds have been cleared.

Exchange rate information provided by us to You via Westpac Business Online is indicative only.

8. Equipment

You are responsible for using, having or obtaining equipment that is compatible with the Westpac Business Online service. Any conditions of use, including charges associated with Your use of that equipment, is Your responsibility.

You are responsible for remedying any trojans, key logging software, viruses, spyware or other forms of malicious software that you or any Authorised Person know are on any computer before using that computer for Westpac Business Online.

9. Charges

Westpac Business Online transactions are subject to all conditions, fees and charges applying to specific Westpac services.

You agree to pay any and all charges relating to using Westpac Business Online. Westpac will debit these fees and charges from the account You have authorised, together with any relevant taxes, charges or duties levied by any government body.

Details of the fees and charges applicable to Your banking are available in our Business Price List or can be found online at www.westpac.co.nz. Those fees and charges form part of these terms and conditions.

10. Transaction disputes


If You dispute any transaction completed via Westpac Business Online, for assistance either contact Your Business Manager or Your Branch, with the following information:

• Your name and relevant account number(s)
• the amount of the disputed transaction
• what sort of transaction it was e.g. payment, transferring money etc.
• the transaction number(s), if these are available
• the date and approximate time (if known) on which the disputed transaction occurred.

11. Cancellation

Access to Westpac Business Online by individual Authorised Persons can be cancelled at any time by Your Administrator. You can suspend or cancel Your Westpac Business Online access by Your Administrator calling us at the Business Online Support team (on 0800 337 522) or by contacting Your Business manager either in person or in writing. Once Your Administrator has cancelled Your Westpac Business Online, all access by Authorised Persons will also be cancelled. You will remain responsible for any transactions made on Your nominated accounts via Westpac Business Online until the time of cancellation. Upon reasonable notice we may suspend or withdraw Your access to Westpac Business Online banking. We can also suspend or cancel Your access to Westpac Business Online without prior notice for any reasonable grounds including, but not limited to:

• death;
• bankruptcy;
• fraud;
• lack of legal capacity;
• insufficient funds to cover payments or payment instructions given;
• to protect against any threats to the security of Your accounts or to Westpac Business Online;
• You or any Authorised Person breach any of these terms and conditions; or
• a reasonable period of inactivity (at the sole discretion of Westpac).

12. Customer indemnity and acknowledgement

You agree to indemnify and protect Westpac against all loss, costs, or damage suffered by us, our customers or a third party, or for any claim or action brought against us by a customer or third party which results either from misuse of Westpac Business Online by You or any Authorised Person or failure to comply with these Terms & Conditions.

You acknowledge that any unauthorised reproduction by You or any Authorised Person of any proprietary information contained in Westpac's Business Online Banking service, or any part of it, may result in legal action being taken.

13. Consumer Guarantees Act

To the extent allowed by law, the provisions of the Consumer Guarantees Act 1993 will not apply to Westpac Business Online.

14. Waiver, Severability and Governing Law

A waiver by Westpac of any provision of these terms and conditions shall be effective only if given in writing, and then it shall be effective only to the extent that it is expressly stated to be given. A failure, delay or indulgence by Westpac in exercising any power or right shall not operate as a waiver of that power or right. A single exercise or partial exercise of any power or right by Westpac shall not preclude further exercises of that power or right or the exercise of any other power or right.

If any part of these terms and conditions is held to be unenforceable, that will not affect the enforceability of the remaining parts of these terms and conditions.

These terms and conditions and the contract arising between You and us through Your or any Authorised Persons use of Westpac Business Online are governed by New Zealand law. You and Westpac submit to the exclusive jurisdiction of the Courts of New Zealand.

15. Definitions

Unless specifically stated otherwise, the following definitions apply to the use of the defined terms in these terms and conditions and anywhere else on the Westpac Business Online web pages;

account - the bank account(s) You hold with Westpac;

Administrator Verification - means an additional way of confirming the identify of Your Administrator in addition to a Password (for instance, a “Keyword” provided by Your Administrator to Westpac in a sealed envelope or some other means of second factor identification).

Authorised Person - means each Administrator, Authoriser and Creator/Viewer.

bankruptcy and bankrupt includes the loss of capacity, insolvency, receivership, administration liquidation, removal from the register, winding up, statutory management or any similar occurrence, and petition for bankruptcy includes any step taken for or towards any of these.

business day - every day except Saturday, Sunday, and national public holidays;

Business ID - the identifier for Your business issued to You by Westpac. This enables us to identify Your business and accounts when You access Westpac Business Online;

Login ID - the identifier for each Authorised Person which enables us to identify each Authorised Person and the accounts he or she can access when using Westpac Business Online;

Nominated accounts - means those Westpac account(s) You have nominated to access via Westpac Business Online.

Password – means a confidential password used to prevent unauthorised access to and use of Your account(s). When used with Your Business ID and an Authorised Person’s Login ID it gives access to Westpac Business Online;

value transaction means a transfer of funds between Your accounts and/or to a third party’s account which may include, but is not limited to, a bill payment, tax payment, automatic payment, direct debit or money transfer;

Westpac Business Online – means Westpac New Zealand’s business-specific online banking service which, through the use of a computer or other electronic equipment, connects You to us via the internet and enables you to carry out a range of transactions and obtain information about Your nominated accounts;

Westpac, Bank, we, us or our – means Westpac Banking Corporation ABN 33 007 457 141, incorporated in Australia (New Zealand division), Westpac New Zealand Limited and its or their related companies;

You or Your – means the account holder in respect of accounts accessed using Westpac Business Online.

In these terms and conditions, the singular includes the plural and vice versa.

The information on this page is presented subject to our legal page and any other terms and conditions that Westpac may impose from time to time. It is subject to change.

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