1. Service provider
a) We (The Client) hereby instruct Collect A Debt PTY Ltd (“CAD”) to commence immediate debt recovery on our behalf. b) We agree that the debt collection (“the Services”) will be provided by CAD on the basis of these terms and conditions and that additional debt recovery accounts referred to CAD will also be subject to these terms and conditions.
2. The Service
a) CAD will determine the most suitable collection methods for a placed debt. b) CAD reserves the right to refuse and to terminate the collection process at any time, without explanation and without incurring any liability. c) CAD acts as the client’s agent. d) CAD will provide the Services through the use of its own personnel or through the use of a servant or agent of the company including without limitation, any lawyer appointed (“the agent”) for the purpose of carrying out the Services.
3. Fees & Charges
a) Fees will be based on a percentage commission and agreed prior to the instruction (minimum Fee of 50.00 AUD). Instalment cases are charged at a higher commission fee due to the extra work and monitoring. Fees will be due on the amount collected whether payment has been made to CAD or its agent or directly to the client.
b) All fees, charges and commissions will commence from when CAD is instructed either verbally or in writing and GST will be charged when applicable.
c) Please note that on contentious and complex matters that are not recoverable or withdrawn and closed we reserve the right to charge a cancellation/closing fee.
d) The client agrees that all invoices rendered by CAD to the client are due and payable 14 days from the date of invoice and CAD reserves the right to charge interest at a monthly rate of 2% on the outstanding invoices.
e) CAD reserves the right to offset any money held on behalf of the client against invoices outstanding.
4. Obligations of the client and CAD.
a) The Client warrants that any accounts it refers to CAD are true and valid.
b) The client agrees to notify CAD of any payments, offers or correspondence that are received directly from the debtor immediately.
c) Disbursements i.e. court fees, company searches etc, are the responsibility of the client. CAD shall have the right to deduct fees and commission from monies collected for its own account or for its agent.
d) The client agrees to promptly supply CAD with, relevant information to assist in the collection of an account, deal with all queries without delay.
e) The client agrees that any information provided for the issue of a First Legal Letter or other legal document to be prepared by CAD or its agent will be correct and accurate and that CAD will not be liable or responsible whatsoever for any errors, omissions or action taken against the client as a result of any proceedings.
f) CAD will not commence any legal proceedings or enforcement actions without prior consent from the client.
g) The signatory or person or organisation that submits any debt collection instruction or any other request for services declares that they have proper authority to do so and will be liable for any fee or other as a result of that submission.
h) Documents sent or passed to CAD are sent at the sender’s own risk. CAD does not accept responsibility for any documents or materials received from any source. CAD reserves the right to dispose of any documents still in its possession three months from date of receipt. Please refer to our Data Privacy Policy available on our website.
i) Any information supplied by CAD is to be treated as indicative only and the client agrees any information supplied in respect of any credit reference, trace enquiry, company searches etc is to be treated in the strictest confidence and must not be divulged to any third party/parties or outside source whatsoever.
j)Except in the case of death or personal injury caused by CAD’s negligence, or as expressly provided in these terms, CAD shall not be liable to the Client by reason of any representation (unless fraudulent) or any implied warranty , condition or term, for any loss of profit or for any indirect, special or consequential loss or other claims (whether caused by CAD’s negligence or the negligence of its agent or otherwise) arising out of the provision of the services. The entire liability of CAD under or in connection with the Agreement shall not exceed the amount of the Fee charged.
5. Jurisdiction
a).Australian law shall apply to this and any other contract between the client and CAD and the parties submit to the non-exclusive jurisdiction of the Australian courts.
6. Variation
a) CAD reserves the right to alter, cancel, reject, and withdraw any of its services or terms at any time without penalty or compensation and without explanation.
7. Confidentiality
a) The terms of the contract between the client and CAD shall be kept strictly confidential at all times. b) Details of individuals and cases will be kept confidential at all times and will be subject to the provisions of the Data Protection Act 1998. Please refer to our Data Privacy Policy on our web site for further details. C) CAD will use and protect your personal information and any information passed to us on behalf of matters you are referring to us, such as name and addresses, in accordance with the CAD Privacy Policy, the contents of which are incorporated by reference into these Terms.