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. 

1. Direct debit deductions are made from your nominated account on Friday each week or fortnight, depending on your selected payment frequency and the deduction dates as specified by the City of Swan.

2. If the deduction falls on a non-working day or public holiday, the payment will be processed on the next working day (for example, payments falling on Good Friday will be deducted the following Tuesday).

   The City’s direct debit arrangement can be set up as:

3. 1. A single financial year arrangement submitted through the Online Services Portal that stops at the end of the financial year (30 June) – a new arrangement must be set up each financial year. By submitting your direct debit request you accept and give consent for the City to adjust your final payment where necessary. 
   2. An ongoing arrangement that will stop at the ratepayer’s request, or one financial year arrangement.
4. You agree and accept the following:
   1. If you want to cancel your arrangement it is your responsibility to inform the City either by phone or in writing
   2. Deductions can only be withdrawn from a cheque or savings account (not a credit card)
   3. Penalty interest (5 per cent) and the emergency services levy (11 per cent) will accrue daily on overdue balance until paid in full
   4. Each direct debit rejection from your nominated account will incur a dishonour fee of $10.00 which will be on charged to your rates account
   5. If your direct debit arrangement is cancelled because of a default, a re-establishment fee of $56.50 will be applicable
   6. The maximum number of re-establishments allowed per financial year is one (1)
   7. A request for a refund where a direct debit goes into credit will incur an administration fee. The first request is $30.00, and subsequent requests in the same financial year are $56.50 each.
   8. Registered pensioners/seniors are not charged penalty interest, payment arrangement re-establishment or refund fees. However, may still be subject to debt recovery proceedings.
   1. The City reserves the right to review a direct debit arrangement and request an increase to ensure that rates and charges are paid on time
   10. The City reserves the right to cancel your payment arrangement if your account balance is nil or in credit by more than an estimate of rates and charges for the following financial year.
5. Failed payments and cancellations

6. Weekly payments

7. 1. If payment from your nominated account is unsuccessful, the City will send an email confirmation that your payment has been rejected. A manual payment is required to avoid cancellation of this arrangement (as this is a weekly deduction, we will deduct the next scheduled amount). However, if the required manual payment is not received two (2) days before the following scheduled deduction, this arrangement will be cancelled. Two successive rejections will automatically void this arrangement. If applicable, your account may be subject to debt recovery proceedings.
   2. If your direct debit arrangement is cancelled, the City will accept only one (1) more arrangement in the same financial year and a $56.50 re-establishment fee will be applied to your account. 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 legal recovery proceedings.
   3. If you are experiencing temporary financial hardship, the City allows you to temporarily reduce your scheduled payments a maximum of two (2) times each financial year. Please note that this will result in a request to increase your remaining scheduled payment amounts to ensure clearance of the outstanding balance within the financial year.

8. Fortnightly payments

9. 4. If payment from your nominated account is unsuccessful, the City will email confirmation that your payment has been rejected. A manual payment is required to cover the unsuccessful deduction.

10. If no contact or payment is made two (2) days before the next scheduled direct debit deduction date, the arrangement will be cancelled. If applicable, the account may be subject to legal recovery proceedings.

11. 5. If your direct debit arrangement is cancelled, the City will accept only one (1) more arrangement in the same financial year and a $56.50 re-establishment fee will be applied to your account. 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 legal recovery proceedings.
    6. If you are experiencing temporary financial hardship, the City allows you to temporarily reduce your scheduled payments a maximum of two (2) times each financial year. Please note that this will result in a request to increase your other scheduled payment amounts to ensure clearance of the outstanding balance in the financial year.
12. It is your responsibility to ensure sufficient cleared funds are available in your nominated bank account at the time of your scheduled direct debit deduction.
13. If your nominated account is closed, it is your responsibility to advise the City immediately and provide updated banking details.
14. If the City receives a rejected payment deduction based on a stopped payment, your direct debit arrangement will be cancelled and debt recovery proceedings may follow.
15. Data security is the highest priority for the City. All customer records and account details will be kept private and confidential. They will be disclosed only at your request, or at the request of your financial institution in connection with a claim made to an alleged incorrect or wrongful debit.
16. For all matters relating to your direct debit arrangements, please contact the City’s Rating Services team:
    1. By calling: (08) 9267 9160
    2. By emailing: swan@swan.wa.gov.au
    3. By post addressed to City of Swan, P.O. Box 196, Midland WA 6936
    4. By fax: (08) 9267 9444
    5. In person: Visit the City’s administration building at 2 Midland Square, Midland.

17. Please allow a maximum of 10 working days for any amendments to take effect. We will advise if additional time is required.

18. Disputes

19. If you have any concerns regarding your payments and balance, please call Rating Services directly on (08) 9267 9160.

20. The City will advise you on your annual rate notice, or via email, of any changes to your direct debit terms and conditions within the City’s control. 

2023/25 direct debit dates:

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