Secure Collections & Investigations Limited ("SCI")
SCI provides debt collection and private investigation services. These Terms govern all services provided by SCI. By instructing SCI, the client agrees to be bound by these Terms.
DEBT COLLECTION SERVICES
1. Commission
SCI shall be entitled to charge commission on all amounts recovered following instruction, including any payments, credits, contra arrangements, settlements, write-offs, or set-offs made by or on behalf of the debtor.
Commission shall be payable whether such amounts are received by SCI or paid directly to the Creditor, and shall also apply where recovery occurs after termination of SCI's instructions where SCI's actions contributed to that recovery.
Commission Rate:
$1.00 - $3,000.00 = 25%
$3,000.01 - $15,000.00 = 20%
$15,000.01 - $50,000.00 = 15%
$50,000.01 - $80,000.00 = 10%
$80,000.01 - $100,000.00 = 7%
Over $100,000.01 = By quotation
2. No Guarantee of Recovery
SCI shall use reasonable skill and care in the provision of its services but does not warrant or guarantee the successful recovery of any debt.
3. Payments Made Directly to Creditor
Where any payment is made directly to the Creditor after SCI has been instructed, the Creditor shall immediately notify SCI. Commission shall remain payable on such amounts.
4. Fees and Payment Terms
All invoices rendered by SCI are payable within seven (7) days of the invoice date unless otherwise agreed in writing.
5. Default and Recovery Costs
In the event of default in payment, SCI shall be entitled to recover all reasonable costs incurred in enforcing its rights, including legal costs on a solicitor-client basis and interest at a reasonable commercial rate not exceeding 15% per annum calculated daily.
6. Control of Communications
Upon instruction, the Creditor shall not communicate directly with the debtor regarding the debt without SCI's prior written consent and shall immediately refer any communication received from the debtor to SCI.
7. Settlement and Compromise
The Creditor shall not enter into any settlement, payment arrangement, or compromise with the debtor without SCI's prior written consent.
8. Authority to Act
The Creditor appoints SCI as its agent for the purpose of recovering the debt and authorises SCI to take all reasonable steps in pursuit of recovery.
9. Accuracy of Information
The Creditor warrants that all information provided is accurate, complete, and lawful. Where information is materially incorrect or misleading, SCI may terminate its instructions and charge reasonable fees reflecting work undertaken.
10. Negotiation Authority
SCI is authorised to negotiate payment arrangements with the debtor in its discretion.
11. Indemnity
The Creditor indemnifies and holds harmless SCI from and against all losses, costs, damages, and liabilities arising from instructions given by the Creditor, except to the extent caused by SCI's negligence, wilful misconduct, or breach of law.
12. Termination
Either party may terminate the engagement by written notice. Termination shall not affect SCI's entitlement to commission, fees, disbursements, or costs accrued prior to termination or arising from SCI's prior involvement.
13. Withdrawal and Cancellation
Where the Creditor withdraws instructions or fails to provide instructions within a reasonable time, SCI may charge reasonable cancellation costs reflecting work undertaken, stage of recovery, and lost opportunity.
14. Right of Deduction and Set-Off
SCI may, at any time and without prior notice, deduct and set off any amounts owing to SCI by the Creditor, including commission, fees, disbursements, interest, or any other sums due, from any monies received or held by SCI on behalf of the Creditor, whether relating to the same debt or any other matter or file. This right applies across all accounts, matters, and engagements for which SCI acts or has acted. SCI may apply such monies in such order and manner as it determines in its discretion.
15. Limitation of Liability
To the maximum extent permitted by law, SCI's liability shall be limited to the total fees paid by the Creditor in respect of the relevant matter. SCI shall not be liable for any indirect, consequential, or economic loss.
16. Privacy Compliance
The Creditor warrants that all personal information has been collected, used, and disclosed in accordance with the Privacy Act 2020 and applicable codes.
17. Use of Legal Representatives and Agents
SCI is authorised to instruct any person including a barrister, solicitor, field agent, or other representative to act on behalf of the Creditor in the collection, enforcement, or recovery of any debt.
18. Counsel Fees and Administration Charge
Where SCI engages a barrister, solicitor, or other legal representative on behalf of the Creditor, SCI may charge an administration and management fee in addition to the fees charged by such representative. This fee reflects the work undertaken by SCI in briefing and instructing legal representatives, preparing and collating documentation, coordinating communications, managing the matter, monitoring progress, processing invoices, and providing ongoing support and reporting.
The Creditor shall be liable for all counsel fees, legal costs, disbursements, and administration and management fees incurred by SCI in connection with the matter.
Credit Reporting and Credit Checks
Where the Creditor instructs SCI to obtain a credit report or undertake credit enquiries, the Creditor authorises SCI to collect, use, disclose, and exchange personal information with credit reporting agencies, including Centrix Group Limited, Equifax Information Services and Solutions Limited and Illion New Zealand Ltd for the purpose of obtaining credit information and assessing creditworthiness.
The Creditor further authorises SCI, where permitted by law and where applicable to the services provided, to provide information relating to payment defaults, overdue accounts, repayment history, collection activity, and debt recovery outcomes to credit reporting agencies, including Centrix Group Limited, Equifax Information Services and Solutions Limited and Illion New Zealand Ltd for the purpose of credit reporting and default listing.
The Creditor warrants that it has obtained all necessary consents and has complied with all applicable legal requirements, including the Privacy Act 2020, before requesting any credit check, credit reporting activity, or default listing. Information about how credit reporting agencies collect, hold, use and disclose personal information can be found at:
Centrix: https://www.centrix.co.nz/privacy-statement/
Equifax: https://www.equifax.co.nz/privacy
illion: https://www.illion.co.nz/privacy-policy/
PRIVATE INVESTIGATION SERVICES
1. Services
SCI provides private investigation, surveillance, intelligence gathering, and related services as instructed by the Client.
2. No Guarantee
SCI does not warrant or guarantee any particular outcome, result, or evidence.
3. Evidence Disclaimer
SCI gives no warranty that any information or evidence obtained will be admissible or suitable for use in any legal or administrative proceedings.
4. Fees and Disbursements
Fees may be charged on an hourly, fixed fee, or quoted basis. The Client shall be liable for all disbursements incurred by SCI, including travel, accommodation, surveillance costs, database access, subcontractors, and third-party expenses.
5. Payment and Retainers
Invoices are payable within seven (7) days. SCI may require a deposit or retainer and may suspend services where funds are exhausted.
6. Client Obligations
The Client warrants that all instructions are lawful, all information provided is accurate and complete, the Client has authority to provide such instructions, and the Client is not subject to any court order, statutory restriction, or legal limitation, including protection orders or non-contact orders, preventing SCI from acting. SCI may suspend or terminate services where it reasonably believes such a restriction exists.
7. Confidentiality
SCI shall treat information obtained in the course of its services as confidential, subject to legal obligations and operational requirements.
8. Legal Risk Acknowledgment
The Client acknowledges that investigation services involve inherent legal and practical risks beyond SCI's control.
9. Use of Information
The Client accepts sole responsibility for the use of any information, reports, or evidence provided by SCI.
10. Indemnity
The Client indemnifies SCI against all losses, costs, and claims arising from the Client's instructions except where caused by SCI's negligence, wilful misconduct, or breach of law.
11. Limitation of Liability
SCI's liability shall be limited to fees paid. SCI shall not be liable for indirect or consequential loss.
12. Termination
Either party may terminate the engagement at any time. Fees incurred shall remain payable.
13. Cancellation
SCI may charge for work completed, committed costs, and reasonable cancellation charges.
14. Set-Off
SCI may deduct any amounts owing across all matters and engagements.
15. Force Majeure
SCI shall not be liable for any delay or failure caused by events beyond its reasonable control.
GENERAL TERMS
Governing Law
These Terms shall be governed by the laws of New Zealand.
Assignment
The client shall not assign its rights or obligations without SCI's prior written consent.
Non-Reliance
The client acknowledges that it has not relied on any representation not expressly set out in these Terms.
Acceptance
By instructing SCI, the client confirms that it has read, understood, and agrees to these Terms.