HeroClear – Feature Specific Terms

These HeroClear – Feature Specific Terms (HeroClear Terms) form part of the Employment Hero Platform Terms and Conditions (the General Terms) and represent a binding agreement between you and us. 

Your use of HeroClear is governed by these HeroClear Terms, and the General Terms which are required to be accepted electronically before you can use HeroClear. 

HeroClear is only available in the EH Platform and may require an Employment Hero subscription account. That account and the EH Platform are subject to specific terms and conditions, including the General Terms, which continue to apply.

If there’s any inconsistency, the order of priority is (1) your Customer Agreement (if applicable), then (2) these HeroClear Terms, then (3) the General Terms. 

Capitalised terms not defined here have the meaning given in the General Terms.

1. Definitions

• Contribution Cycle means a payroll-aligned batch of superannuation contributions you approve in the Platform for processing in one run; 
• Cut‑off Time means the time published in the Appendix by which you must approve a Contribution Cycle for it to be processed on the same Business Day; 
• DDR or Direct Debit Request means your authority permitting debits from your nominated account under BECS;
• DDR Service Agreement means the mandatory BECS terms between you and the BECS sponsor/processor, made available in platform;
• EH Settlement Account means the settlement account we (or our bank/provider) hold for temporarily holding funds in transit for HeroClear;
• EH Platform means the EH Websites, mobile applications like the Employment Hero Work app, services, content, subscriptions, accounts, benefits & perks and offers as available through or as described on the EH Websites, mobile applications, platform or agreed between you and us from time to time;
• EH Websites means the websites that we operate or provide any features of the EH Platform through, including the Employment Hero website available at employmenthero.com.
• End-to-End ID means a unique identifier we use to link payment instructions with the matching SuperStream message(s);
• Mandate or PayTo Mandate means a payment authority created and managed under PayTo via the Mandate Management Service;
• Mandate Management Service or MMS means the NPP service for creating, storing and managing PayTo mandates.;
• Messaging Partner means any third party we engage to prepare, convert, validate, route or deliver SuperStream messages (for example, a SuperStream gateway);
• Monitoring Partner means any third party we use for transaction monitoring, screening or anomaly detection;
• NPP means the New Payments Platform in Australia;
• PayTo means the NPP service that allows authorised parties to initiate payments using stored mandates;
• Processing Partner means any third party we engage to facilitate the initiation, processing, clearing, settlement or reversal of payments for the Service, including an NPP/PayTo sponsor, BECS sponsor or processor, settlement account provider, bank or ADI, and their sub-contractors;
• SuperStream means the ATO-mandated data standard and process for electronic superannuation contribution messaging; 
• SuperStream MIG means the SuperStream Message Implementation Guide;
• We, us, our, EH or Employment Hero means Employment Hero Pty Ltd ABN 11 160 047 709 and our affiliates; and
• “you”, “your” or “Users” refers to you as an employee, employer or user using HeroClear.

2. Who we are and what is HeroClear

1. HeroClear is a non‑cash payment facility embedded in the EH Platform that lets you initiate payments for employer superannuation contributions and sends SuperStream messages to nominated funds. 
2. We issue the facility and use approved third party providers (including an NPP/PayTo Sponsor, BECS processor and a SuperStream gateway).
3. This product is subject to Design and Distribution Obligations. See our Target Market Determination here. 
4. HeroClear is currently in “closed beta” phase, which means it’s early‑access software with limited functionality that may change quickly. Participation is initially invite‑only, for customers that meet the eligibility criteria set and communicated by us. We may decline or remove access at our discretion during this phase.

3. How it works

HeroClear works like this: 

1. you configure your contribution batch; 
2. you confirm the total amount and the source account/channel for that Contribution Cycle; 
3. we initiate a PayTo debit (or BECS if elected by you); 
4. funds are routed via our Processing Partner to an EH settlement account and disbursed to each super fund; 
5. we prepare and transmit matching SuperStream messages through our Messaging Partner; and
6. you can track status and fix any rejects in‑product.

4. What’s included (and what isn’t)

1. We will, on your instructions:
   • initiate payments for employer superannuation contributions via PayTo and/or BECS;
   • prepare and transmit SuperStream contribution messages to nominated funds; and
   • provide you with dashboards and notifications for contribution status and errors.
2. We are not a super fund, trustee, adviser or custodian. 
3. We don’t provide financial product advice and we don’t guarantee when a fund will receive a payment. A contribution is only paid when the super fund receives it.

5. Your authorisations and responsibilities

1. You authorise us (and our Processing Partner) to create, register, modify, pause, resume and cancel PayTo Mandates and to debit your nominated account(s) for amounts you approve in the platform.
2. Each Contribution Cycle requires your fresh confirmation of the total amount to be debited and the source account or channel. We do not rely on a blanket standing authority for recurring debits.
3. You authorise us (and our Messaging Partner) to prepare, convert and transmit SuperStream messages (and corrections or re‑submissions, where required) to the nominated funds, gateways and our providers.
4. You are responsible for:
   • entering accurate employee and/or fund identifiers, USIs, member numbers and amounts; 
   • approving each Contribution Cycle before the Cut‑off Time; 
   • keeping sufficient cleared funds available; 
   • allowing enough time for the contributions to reach the super funds before any statutory due dates; and
   • managing your administrators’ access, keeping your mandate active, your credentials secure, and ensuring only authorised users can confirm the amount and source account/channel for each Contribution Cycle.
5. You agree to co-operate promptly with reasonable verification requests (including KYB, sanctions/AML screening, fraud checks and mandate state confirmation). Processing may be paused while verification is underway or as required under Network Rules.

6. Mandates and Payment Issues

1. We (as payment initiator) create and maintain PayTo mandates using the NPP MMS for the Contribution Cycles you approve. Each mandate identifies your nominated account or PayID, a mandate reference/descriptor, and any sponsor-required guardrails (for example, a maximum-per-debit) where applicable.
2. If you opt to use BECS instead of or as a fallback to PayTo, the DDR Service Agreement applies and must be executed, along with a valid DDR for your nominated account. The terms of the DDR Service Agreement apply in addition to these HeroClear Terms. Unless we have an executed DDR Service Agreement and DDR (that isn’t cancelled, paused or invalid), BECS will not be available to you.
3. You can view and manage mandates via your bank channel and the EH Platform, including, where allowed, options to pause and cancel those mandates.
4. Before each debit, we will show the cycle total and source account or channel for your confirmation. No debit is initiated without this per‑cycle confirmation by you.
5. Where there are insufficient funds to meet a debit, your bank may charge fees or interest, third-party dishonour/retry charges may be passed through to you, and you must either make funds available by the time we specify or arrange another acceptable payment method. We may pause further initiations until the issue is resolved.
6. If PayTo fails and BECS is enabled with a valid DDRSA/DDR, we may switch to the alternative rail, which may extend processing time. A contribution is counted as paid only when the destination fund receives it. It is your responsibility to ensure you have allowed sufficient time for the contribution to be received by the nominated fund.
7. PayTo and DDR disputes follow our Processing Partners dispute processes. We may suspend further initiations while a dispute is active, or where required by our Processing Partner or Messaging Partner’s network rules.
8. We may delay, decline or pause a debit instruction (acting reasonably) where we consider it necessary to protect you, us or others from financial loss, fraud or security risk, or to comply with law or Network Rules. Where practicable, we will notify you and explain the reason.

7. How money moves

1. We’ll debit your nominated account and route funds through our Processing Partner to an EH settlement account held with our payment provider before disbursing to destination super funds. During this temporary holding period, we are the account holder of record. 
2. Typical settlement windows from debit to fund receipt are within 2 business days (or the time reasonably required given legal constraints). Times depend on banks, funds, gateways, cut‑offs and data quality and are indicative only.
3. While funds are in the EH settlement account, EH earns interest on the balances in transit. This interest does not reduce the contribution amounts due to funds. Funds in the EH settlement account are held on your behalf for the purpose of paying your nominated superannuation contributions. You remain responsible for ensuring the amounts are correct and that contributions are paid to the correct funds
4. If we can’t match a payment to a valid message or a fund rejects it, we may hold it temporarily while we work with you on a fix, or refund it to your source account upon your request (less bank charges, if any).

8. SuperStream messaging

1. We may use a Messaging Partner to submit and manage SuperStream messages.
2. We format and transmit data per the SuperStream standards and include identifiers to link each payment with its message.
3. If a message is rejected, we will handle it in accordance with the SuperStream standards. 
4. You are responsible for correcting any incorrect data and resubmitting on time.
5. We keep message and payment logs for 7 years so you can evidence timing and delivery.

9. Privacy and security

These terms relate to your use of HeroClear and should be read in conjunction with our general Privacy Policy.

1. We process employee identifiers, contribution amounts, fund details, bank mandate data, admin user details to provide HeroClear.
2. We disclose data to our Processing Partner, Message Partner and the nominated funds as needed to provide the service.
3. We may verify your business identity (and authorised persons/beneficial owners) with third‑party services and retain results for compliance and fraud‑prevention.
4. You warrant that you have provided all notices and obtained all consents and authorisations required under applicable privacy laws for us and our Processing Partner and Messaging Partner to collect, use and disclose your data to provide HeroClear. You agree that you will promptly assist us with any reasonable privacy-related requests (including data subject requests and regulatory inquiries).
5. We maintain administrative, technical and physical safeguards appropriate to the nature of the service and the data we process. Details of our current controls (including certifications, architecture and subprocessors) are published in our Trust & Legal Centre and may be updated from time to time. Updates will not materially reduce the overall security of the service. 

10. Acceptable Use

1. We’ll aim to minimise any suspension and keep you informed of any steps required to resume access.
2. You must keep complete records for 7 years and promptly provide information and documents we reasonably require (including within 24 hours for dispute/return handling or regulatory requests).

11. Pricing and fees (Beta Phase)

1. HeroClear is free during the “beta phase”.
2. We may pass through bank or sponsor charges for retries, returns and similar events.
3. Pricing may change at General Availability (GA) in accordance with the General Terms and any post-beta phase fees will be disclosed before they apply.

12. Availability, support and changes

1. During the “beta phase”, HeroClear is provided “as is” with no uptime commitments and may change quickly.
2. If you need any support, please contact us by submitting a support request here.
3. We may change or withdraw “beta phase” features following the change process outlined in the General Terms. 

13. Ending or suspending access

1. We may suspend the “beta phase” (in whole or part) immediately if we see or suspect fraud, if a security event occurs, if we receive regulatory direction or if our Processing Partner or Messaging Partner experiences an outage, where there is suspected fraud or anomalous activity identified by our Monitoring Partner, or where required by Processing Partner or Messaging Partner network rules.
2. We may roll back access to a prior state or disable features. We’ll give in platform notice of these occurrences where and as soon as practicable.
3. You can leave the “beta phase” by contacting us and we will assist with a safe transition off HeroClear, including reasonable support with disabling payment rails/mandates and reconciling any in-flight contributions. 

14. Limitation of Liability and Indemnity

1. To the maximum extent permitted by law, we exclude indirect or consequential loss. 
2. Nothing in these terms excludes, restricts or modifies any non‑excludable rights under the Australian Consumer Law. Where our liability for breach of a non‑excludable right can be limited, it is limited to re‑supplying the services or paying the cost of having the services supplied again.
3. You indemnify us for losses arising from inaccurate data, untimely approvals, incorrect fund details, insufficient funds or mandate disputes, and your breach of law or these HeroClear Terms.
4. The Limitation of Liability, Exclusions, Disclaimers and Indemnities in the General Terms apply to HeroClear and are incorporated by reference. If there is any inconsistency, the priority in the Introduction to these HeroClear Terms applies. For clarity, any cap, exclusions and carve-outs in the General Terms apply in aggregate across your use of the Platform and all features (including HeroClear). Any cap, exclusion or limitation stated in these HeroClear Terms is a sub-cap within, and not in addition to, the General Terms cap.

15. General

1. We may add, replace or remove Processing Partners, Messaging Partners or Monitoring Partners (or any third parties) without notice. If a change materially reduces HeroClear’s functionality for you, you may end your participation in the “beta phase” by contacting us.
2. We provide HeroClear on our own account and not as an agent for any Processing Partner or Messaging Partner. We are not responsible for the independent acts/omissions of third parties except to the extent caused by our failure to perform our obligations under these terms. Nothing in these terms creates rights for any third party (including any Processing Partner or Messaging Partner).
3. If you have any concerns or complaints about us or the EH Platform, please contact us by submitting a support request here. If you and we have a dispute or claim arising out of related to the EH Platform Terms or the EH Platform, the disputing parties must consult and negotiate in good faith to resolve the matter. If they are not able to reach a settlement within 60 days, then either party may commence legal proceedings.