Terms of Service

One of the tools that your PM Company uses to assist them to provide property management services to you is software which helps your property manager communicate with you and your tenants, administer maintenance and repairs, pay bills and manage trust accounting, facilitate rent payments from your tenants and disburse rent to your nominated bank account.  You acknowledge that the PM Company (under agreement with Ailo Pty Ltd for use of the Platform and Ailo Pay) may use such software to enable payments to and from the Trust Account.

You acknowledge that the disbursements to your and the PM Company’s nominated bank accounts will be enabled by Ailo Pay by way of a standing authority to direct debit the Trust Account and the disbursements made will be based upon the completed and reconciled Trust Account, as entered by the PM Company into the Platform.

3.1 Ailo provides Ailo Pay through Ailo Pay Pty Ltd (ACN 621 914 163) and its Payment Facilities Providers.

3.2. You authorise payments from the Trust Account using Ailo Pay to Wallets and Accounts.  You acknowledge that Ailo Pay will disburse funds to your and your PM Company’s nominated bank accounts, to account for payments in relation to your property and the property management fees you owe to your PM Company (as set out in your management agreement with your PM Company).

3.3 You acknowledge that in providing Ailo Pay, we provide a means for Payers to make payments directly to Payees, but do not:

(a) collect any amounts (for example, rent payments) on behalf of Payees;

(b) act as the agent of any Payer or Payee; or

(c) have any responsibility or liability for the goods or services to which such payments relate, or any other matter relating to any arrangement between a Payer and a Payee.

4.1 From time to time the disbursements made to your nominated bank account may be Invalid, that is, the amount may be incorrect or it may not be authorised by the Payer.  In these circumstances it may be necessary for Ailo to recover these funds. To facilitate this Ailo Pay may need to be used to reverse these transactions from your bank account as a direct debit. We will always advise you before we reverse any transactions.

4.2 You authorise for any Invalid Payments made to your Wallet or Account to be reversed by Ailo Pay as a bank direct debit.

4.3 Bank account direct debit payments will be processed via the Bulk Electronic Clearing System (BECs) by our Payment Facilities Provider. You authorise Ailo Pay Pty Ltd to direct debit your bank account using direct debit user ID 543950 (processed by Zepto Payments Pty Ltd).

4.4 If a drawing falls on a day that is not a Business Day, it will be debited from your Account on the next Business Day.

4.5 If you wish to discuss or dispute any notified Invalid Payments, contact us via the support functionality on the Ailo 'Help' page (https://help.ailo.io/hc/en-au) or by contacting support@ailo.io (mailto:support@ailo.io).  We will endeavour to get back to you within 48 hours or as soon as is reasonably practicable.  All enquiry communications should include your:

(a) business name and corporate entity name (if you are a business);

(b) contact details (including your name, mobile and the email you use); and

(c) reason for the enquiry.

4.6 If you do not receive a satisfactory response from us within 14 days, contact the financial institution that issued your bank account who will respond to your claim:

(a) within five Business Days (for claims lodged within 12 months of the disputed drawing); or

(b) within 30 Business Days (for claims lodged more than 12 months after the disputed drawing), and if, after following this procedure, we cannot substantiate the reason for the drawing, you will receive a refund of the drawing amount. Note: Your financial institution will ask you to contact us to resolve your disputed drawing prior to involving them.

4.7 It is your responsibility to ensure that:

(a) your Account can accept these payments (your financial institution can confirm this);

(b) on the drawing date, there is sufficient cleared funds in the Account;

(c) you advise us if the Account is transferred or closed; and

4.8 If your drawing is dishonoured by your financial institution then:

(a) you may be charged a fee and/or interest by your financial institution;

(b) we will contact you informing you of the decline; and

(c) you may be charged a debt recovery fee and/or interest by the Payer.

5.1 You warrant you are authorised to act for all investors in the property under these terms.  These terms commence and apply from the time you click “Accept” and continue until terminated by written notice from you to us or us to you.

5.2 Ailo implements and maintains physical, technical and administrative security measures designed to protect information held about you by your PM Company from unauthorised access, destruction, use, modification or disclosure.  More information on how Ailo protects your data and our privacy policy can be found on our web site https://ailo.io/privacy (https://ailo.io/privacy).  You acknowledge that despite our commercially reasonable efforts to secure and store safely all data on the Platform:

(a) we cannot guarantee that third parties will not succeed in penetrating its systems by nefarious actions; and

(b) the Platform is not intended to be a data back-up or recovery service, and we make no assurances that data will be retained or not be lost.

5.3 We will use reasonable endeavours to implement industry standard safeguards with respect to the Platform and Ailo Pay to protect your data, however security is a joint responsibility and you are solely responsible for:

(a) maintaining the security of your ICT environment and any access credentials; and

(b) all activities that occur under your account (whether or not authorised by you).

5.4 Defined terms used (others can be found on our webpage – https://ailo.io/terms)

Account means a credit and debit card or bank account (supplied by a financial institution), as nominated by you when signing up to the PM Company management agreement.

Ailo means Ailo Pty Ltd (ACN 603 174 714).

Ailo Pay means the Ailo Pay Pty Ltd service (ACN 621 914 163) provided by us (including through our Payment Facilities Providers) and used by the PM Company to make payments to a Payee or collect payments from a Payer.  Ailo Pay is an authorised representative (AR001280515) of an Australian Financial Service Licensee.

ICT means Information and Communications Technology.

Invalid Payments means a transaction that is

Payee means an individual or other entity with legal personality that has an agreement with us to use Ailo Pay to receive payments (for example, rent or payments for other property-related goods or services) from a Payer.

Payer means an individual or other entity with legal personality that has an agreement with us to use Ailo Pay to make payments (for example, rent or payments for other property-related goods or services) to a Payee.

Payment Facilities Providers means those organisations, including banks, that supply underlying payments facilities to us to allow us to provide Ailo Pay.

Platform means the technology platform (available via the web or a mobile application), used by the PM Company, offering a communication and practice management service. The term Platform includes all products and services accessible via the platform (including Ailo Pay), and all Ailo Content.

PM Company means a legal entity (whether an individual sole trader, a partnership or a body corporate) that is the owner or operator of a real estate business and used by you to manage your investment property or properties.

Trust Account means that bank account supplied by an authorised financial institution to the PM Company that is regulated under the Estate Agents Act relevant to their state of operation and used by them to hold your funds.

Wallet means a virtual account managed and operated by us that stores your funds so that you can disburse funds to Payees and/or receive funds from Payers.