In this Agreement, DebtCo Pty Ltd (ACN 621 022 928), shall be known as DebtCo and you the Client.

 

This document is an Agreement between the Client and DebtCo. It is agreed and acknowledged between the Client and DebtCo as follows:

  1. This Agreement will commence on the day the Client acknowledges and agrees to this Agreement and will continue until terminated in accordance with this Agreement.
  2. The Client agrees to provide DebtCo with all information and documentation DebtCo may need to collect any debt and warrants that all information and documentation it provides to DebtCo in relation to the debtor(s) and/or the Debt, written or otherwise, is complete, accurate and correct.
  3. The Client authorises DebtCo to receive, endorse, and deposit all monies recovered by DebtCo, into its holding account on behalf of the Client and to deduct all applicable Fees seven  (7) days after DebtCo has invoiced the Client.
  4. The Client authorises DebtCo to negotiate and make offers on Debt Amounts for payment from the Client's debtor(s). The Client agrees to not unreasonably hold consent in relation to an offer by the debtor(s).
  5. The Client covenants that they will notify DebtCo within seven (7) working days of a debt referred to in a form being paid in whole or in part to him whether paid directly by the debtor, on behalf of the debtor by a third party or to DebtCo and further acknowledges that DebtCo shall be entitled to charge the Fee to the Client.  
  6. The Client agrees to meet on demand all necessary and incurred disbursements, including legal and court fees, search fees, and other incidental costs including GST, associated with collecting/recovering a Debt through legal proceedings, even if the resulting collection/recovery process is only partially successful or entirely unsuccessful.
  7. DebtCo reserves the right to refuse to act as agent against any one or more debtors and may at any time by notice in writing, cease to act for the Client in relation to any one or more debts, at its sole discretion.
  8. DebtCo reserves the right to cease acting on any collection/recovery matter referred to it by the Client at its sole discretion.
  9. The services that DebtCo agrees to provide to the Client include, but not limited to, one or a combination of the following: Locating or Skip Tracing the Client's debtor(s); Correspondence with the Client's debtor(s); Issuing demands to the Client's debtor(s); Negotiating with the Client's debtor(s); Liaising with the Client's debtor(s) solicitors or representatives; Instructing third parties to correspond with the Client's debtor(s), including field calls; Instructing solicitors to commence legal proceedings; and any other services usually provided by a debt collection/recovery agent.
  10. Should DebtCo determine that a matter is potentially viable for legal proceedings it may, at its sole discretion, recommend that legal proceedings be commenced to the Client. DebtCo shall provide the Client the opportunity to accept or reject the commencement of legal proceedings.
  11. Should the Client accept the commencement of legal proceedings, it grants a limited power of attorney to DebtCo to engage a law firm on the Client's behalf, for the purpose of commencing legal proceedings to recover the Debt from the Client's debtor(s).
  12. DebtCo will tender all and any legal work to one or many of DebtCo’s legal partners.
  13. One or many of DebtoCo’s legal partners will provide a fixed price quote to DebtCo. DebtCo will examine such quotes and select a law firm at its sole discretion.
  14. The Client will be liable for all disbursements and legal fees regardless if a Debt is successfully recovered, either in whole or in part.
  15. If legal action is defended by a debtor, the law firm will provide the Client with a Cost Agreement and Cost Disclosure document.
  16. DebtCo and the Client agree that this Agreement shall apply to any and all Debt(s) referred to DebtCo by the Client for collection/recovery from time to time, unless both parties agree that another Agreement shall apply.
  17. The Client agrees that DebtCo may choose, at its sole discretion, to keep a debt collection/recovery matter open, or to close such matter, regardless of whether this Agreement is terminated until such a time as the Debt Amount, Fees and costs incurred are fully paid.
  18. If the Client refers a Debt to DebtCo for collection/recovery, and the Recovered Debt Amount is less than, or more than, the Debt amount, the fees payable to DebtCo by the Client shall be based on the Recovered Debt Amount.
  19. If the Client accepts goods or services in lieu of payment from the debtor(s), the fees payable by the Client to DebtCo shall be based on the full Debt Amount.
  20. If the Client is aware that the debtor(s) is bankrupt at the time of assigning the Debt to DebtCo for collection/recovery, the fees payable by the Client to DebtCo shall be based on the full Debt Amount.
  21. If any collection/recovery managed by DebtCo is compromised in any way, the Client agrees that the fees payable by the Client to DebtCo shall be based on the full Debt Amount. A collection/recovery is deemed compromised when a Client interferes with the ability of DebtCo to collect/recover a Debt Amount through their normal processes and procedures.
  22. DebtCo’s fees and the right of DebtCo to recover unpaid Fees is a debt due and payable by the Client and shall survive the termination of this Agreement.
  23. The Client agrees that it is liable to reimburse DebtCo for all disbursements incurred by DebtCo in the course of providing the Services covered by this Agreement.
  24. All invoices issued by DebtCo are immediately payable upon the receipt of invoice.
  25. The Client agrees that should payment not be made by the due date, a debt collection equal to twenty (20) percent of the amount due will be included in the total amount owing and interest at the rate of two (2) percent per annum shall accrue on any outstanding amount compounded on a daily basis from the due date and the total amount shall be payable to DebtCo by the Client as a debt due and owing. DebtCo also, including but not limited to, reserve the right to refer the Client to credit reporting agencies if the amount and interest owing are not paid within 30 days.
  26. The Client agrees that any Recovered Debt Amount will not be paid out by DebtCo until fourteen (14) days after the last day of the calendar month it was received by DebtCo.
  27. Should DebtCo choose to pay out any Recovered Debt Amount prior to the timeframe mentioned above, it does so at its sole discretion.
  28. The Client agrees that DebtCo may allocate any funds it holds in its trust account on behalf of the Client to offset any previously issued invoices that are owing by the Client to DebtCo.
  29. DebtCo may from time to time may request the Client to place money in its holding account to account for professional costs and disbursements.
  30. The Client makes the following warranties to DebtCo:
  1. All Debt Amounts are due and owing by the debtor(s) to the Client.
  2. All information and details of the debtor(s) that the Client provides to DebtCo is complete, true and accurate.
  3. The Client shall indemnify and keep indemnified DebtCo for any damage arising from any and all information that the Client provides which may be incorrect, false and/or misleading.
  4. The Client indemnifies and will keep indemnified (on a full indemnity basis) DebtCo from and against any and all claims, liabilities, obligations, expenses or damages that DebtCo may suffer or incur as a result of, or in connection with this Agreement.
  1. DebtCo expressly excludes any liability to the full extent of the law for consequential loss, incidental or indirect damages, due to, or arising from, the Services provided by DebtCo. Where the law precludes such exclusion and implies certain conditions and warranties into this Agreement, the liability of DebtCo for breach of such conditions or warranties shall be limited, to the amount paid by the Client in respect of the Services with regards to the specific Debt Amount assigned to DebtCo.
  2. The Client acknowledges and agrees to allow DebtCo to undertake the following activities to the extent permitted by law: 
  1. Obtain a consumer credit report about the Client and its debtor(s) from a credit reporting agency to assess the Credit Application or proposed guarantee or collect overdue payments. 
  2. Give credit worthiness information about the Client service providers to assess the Client's credit worthiness or applications for credit, or to notify defaults of the status of the credit.
  1. The Client acknowledges and agrees that they may request access to their personal information held by DebtCo. The Client consents to DebtCo accessing its personal information for the purposes of carrying out the Services.
  2. The Client warrants that they have obtained express permission from its debtor(s) to refer debtor information, which may include personal information, to DebtCo or any other credit reporting agency and that the Client has not breached any terms and conditions with the Debtor(s) or applicable legislation by doing so.
  3. The Client agrees and consents to DebtCo sharing its personal information with DebtCo’s related companies and services, which may engage in direct marketing activities to the Client from time to time. The Client may choose to unsubscribe to such marketing activities directly with the related companies and services.
  4. The Client warrants that it will not act in any manner which may damage DebtCo’s name and reputation.
  5. DebtCo may terminate this Agreement upon the happening of any of the following events: 
  1. The Client fails to pay DebtCo’s invoices by the Due Date and DebtCo has issued the Client with a letter of demand which the Client has not complied with. 
  2. The Client has been placed into administration or is the subject of a bankruptcy or winding up proceedings. 
  3. This Agreement shall terminate by either party giving the other party 7 days written notice.
  1. The legal relationship between the Client and DebtCo is that of principal and agent respectively and no other relationship shall be construed between the Client and DebtCo.
  2. The Client submits the debt with DebtCo electronically. The Client agrees and acknowledges that their electronic signature is the legal equivalent to their manual signature. The Client agrees and acknowledges that use of a key pad, mouse or other device used to select an icon, item, button or similar act/action constitutes their electronic signature, which is the legal equivalent to their manual signature.
  3. The Client acknowledges and agrees that by signing this Agreement with their electronic signature they consent to be legally bound to DebtCo’s Agreement.
  4. The Client warrants that they have the authority to enter into this Agreement on behalf of anyone who has an interest in or has authorisation to access any of the Client’s account. The Client acknowledges and agrees that such people will also be bound by this Agreement.
  5. If any provision, or the application of any provision, of this Agreement are prohibited, invalid, void, illegal or unenforceable, the provision or part will be severed and will not affect the validity or enforceability of the remaining provisions or parts of this Agreement.
  6. The Client acknowledges and agrees that this Agreement supersedes all earlier representations and/or conduct made by, or existing between, the Client and DebtCo and are expressly excluded in this Agreement.
  7. Once the Client agrees to this Agreement, they may be executed in counterparts, each of which shall have the effect of an original document. This Agreement is binding on the parties only upon execution of a counterpart by each of the parties. The date of this Agreement will be the date on which the last party executes it.
  8. If either party has accrued or will accrue any liability or right of action in respect of any act or omission by either party prior to the termination of the Agreement between the Client and DebtCo, then the termination of the Agreement will not release either party from any liability or right of action. Such right include, but is not limited to, the collection or recovery of any outstanding monies.
  9. No failure to exercise and no delay in exercising any right, power or remedy under the Agreement between DebtCo and the Client will act as a waiver of that power or right. Neither will any single or partial exercise of any right, power, or remedy preclude any other or further exercise of that, or any other, right, power or remedy.
  10. DebtCo shall be entitled to vary this Agreement at any time upon giving the Client 7 day’s written notice detailing the change prior to the change applying within this Agreement.
  11. All notices under the Agreement between DebtCo and the Client must be given in writing, where email is sufficient.
  12. This Agreement Conditions is governed by the laws of New South Wales. The Client and DebtCo submit to the non-exclusive jurisdiction of courts exercising jurisdiction there.
  13. The following definitions shall apply to the Agreement between the Client and DebtCo:
  14. Fees means the amount payable by the Client to DebtCo for services provided in accordance with the Agreement.  All Debt recovered from DebtCo attracts a 20 percent commission of the total Debt Amount. All GST levied on the commission shall be borne by The Client and DebtCo shall provide a Tax Invoice to the Client.
  15. Debt or Debt Amount means any debt the Client has referred to DebtCo for collection/recovery in accordance with this Agreement. 
  16. Recovered Debt Amount means any amount of a Debt Amount that has been recovered by DebtCo, the Client or a third party during, or after a debt has been referred to DebtCo by the Client in accordance with this Agreement. 
  17. Services means the services referred to in this Agreement.