Secure Collections & Investigations Limited (“SCI”, “we”, “us” or “our”)
HOW THESE TERMS APPLY
These Terms and Conditions are made up of:
1. General Terms, which apply to every instruction; and
2. Service-Specific Terms, which apply depending on the services the Client has instructed SCI to provide.
The service sections are:
- Debt Collection Services
- Private Investigation and Tracing Services
- Repossession Services
- Process Serving and Field Attendance Services
Only the General Terms and the Service-Specific Terms relevant to the instruction apply.
If SCI is instructed to provide more than one type of service, each relevant Service-Specific section applies.
By instructing SCI, continuing an instruction or accepting services from SCI, the Client agrees to these Terms together with any applicable quotation, rate schedule, service agreement or other written fee arrangement.
GENERAL TERMS
1. Application and Priority
These Terms apply to all services provided by SCI.
Where a specific written quotation, service agreement or fee arrangement conflicts with these Terms, the specific written agreement will prevail to the extent of that inconsistency.
2. Fees and GST
Fees may be charged on an hourly, fixed-fee, commission, quoted or other agreed basis.
All fees, rates and charges are exclusive of GST unless expressly stated otherwise.
3. Payment
Unless otherwise agreed in writing, invoices are payable within seven (7) days of the invoice date.
SCI may require a deposit, payment in advance or retainer before commencing or continuing work.
SCI may suspend work where an invoice is overdue or an agreed retainer has been exhausted.
4. Overdue Accounts and Recovery Costs
If an amount owing to SCI is not paid by the due date, SCI may charge interest on the overdue amount at a rate not exceeding 15% per annum, calculated daily from the due date until payment.
The Client is also liable for all reasonable costs incurred by SCI in recovering an overdue account, including collection costs and legal costs on a solicitor-client basis, to the extent permitted by law.
SCI may suspend any current instruction while amounts owing remain overdue.
5. Disbursements and Third-Party Costs
The Client is responsible for reasonable disbursements and third-party costs incurred in carrying out an instruction.
These may include mileage, travel, accommodation, database charges, Court and filing fees, process serving, contractors, agents, towing, transport, locksmiths, storage and other expenses reasonably required for the instruction.
Unless expressly stated to be a fixed inclusive fee, a quotation or estimate is based on the circumstances known at the time and may change if the scope or circumstances of the instruction change.
6. Legal Representatives and External Providers
SCI may, where authorised and legally permissible, arrange for solicitors, barristers, process servers, investigators, expert witnesses, enforcement agents and other external providers to assist with an instruction.
The Client is liable for the fees charged by SCI for arranging and providing those services in accordance with any quotation, agreed fee, rate schedule or other fee arrangement.
Where SCI arranges an external provider, the amount charged by SCI to the Client may include SCI's administration, coordination, file management, professional attendance and commercial margin and may therefore differ from, or exceed, the amount charged to SCI by the external provider.
Unless expressly agreed otherwise, an external provider's invoice to SCI does not determine the amount SCI is entitled to charge the Client.
SCI will not normally incur material external legal or professional costs without Client authority unless those costs have already been authorised under an agreed rate schedule, quotation, service agreement or standing instruction.
7. Client Information and Authority
The Client warrants that:
a. it has lawful authority to provide the instruction;
b. all material information supplied is accurate, complete and not misleading;
c. any personal information supplied to SCI has been lawfully obtained and may lawfully be disclosed to and used by SCI for the purpose of carrying out the instruction; and
d. the Client will promptly advise SCI of any material change affecting the instruction.
SCI is entitled to rely on information and documentation supplied by the Client unless SCI has reasonable grounds not to do so.
8. Employees, Agents and Contractors
SCI may use suitably qualified employees, contractors, private investigators, repossession agents, process servers, field agents and other providers where reasonably required to complete an instruction.
9. Confidentiality
SCI will treat information obtained in the course of an instruction as confidential, subject to operational requirements and any legal, regulatory or professional obligation requiring disclosure.
10. Privacy
The Client acknowledges that personal information may be collected, used and disclosed by SCI where reasonably necessary to undertake the instruction, administer the engagement, comply with legal obligations or protect SCI's lawful interests.
The parties must comply with the Privacy Act 2020 and any applicable privacy codes.
11. Reports, Information and Work Product
Reports, photographs, recordings, information and other material produced by SCI may be used by the Client for the purpose for which the instruction was provided.
The Client must not materially alter an SCI report or represent an altered report as having been issued by SCI.
Reports and other work product must not be published or distributed more widely than reasonably necessary for the purpose of the instruction without SCI's prior consent, except where disclosure is reasonably required for legal proceedings, professional advice, insurance, regulatory requirements or another legitimate purpose connected with the instruction.
12. Third-Party Reliance
Unless expressly agreed by SCI in writing, SCI's reports, advice and work product are prepared solely for the Client and the purpose of the relevant instruction.
SCI accepts no responsibility to a third party who relies upon SCI's work without SCI's written agreement.
13. No Legal Advice
SCI is not a law firm and does not provide legal advice.
Comments concerning legal procedure, enforcement options, service requirements or likely outcomes are provided from an operational and practical perspective only.
The Client should obtain independent legal advice where required.
14. No Guarantee
SCI will exercise reasonable skill and care in carrying out an instruction but does not guarantee any particular result or outcome unless expressly agreed in writing.
15. Cancellation and Changes to Instructions
The Client may cancel or amend an instruction at any time.
The Client remains liable for all work undertaken, resources committed, third-party costs and reasonable cancellation charges incurred before cancellation or amendment is received.
Where personnel have been specifically scheduled for field work, surveillance, repossession or another assignment and the instruction is cancelled or materially changed at short notice, reasonable cancellation charges may apply.
16. Suspension or Termination
SCI may decline, suspend or terminate an instruction where:
a. SCI considers the instruction unlawful, improper or unsafe;
b. material information has been withheld or is inaccurate;
c. there is a conflict of interest;
d. the Client is in default of its payment obligations;
e. continuing may expose SCI or its personnel to unreasonable legal, regulatory, safety or reputational risk; or
f. SCI otherwise reasonably considers that it should not continue acting.
Fees and costs incurred to the date of termination remain payable.
17. Indemnity
The Client indemnifies SCI against reasonable losses, liabilities, claims and costs arising directly from inaccurate information, unlawful instructions or lack of authority on the part of the Client.
The indemnity does not apply to the extent that the loss or liability was caused by SCI's negligence, wilful misconduct or breach of law.
18. Limitation of Liability
To the maximum extent permitted by law, SCI will not be liable for indirect, consequential or special loss, loss of profit, loss of opportunity or other economic loss arising from an instruction.
Where the Client acquires SCI's services in trade and it is legally permissible and fair and reasonable to do so, SCI's aggregate liability arising from an instruction will be limited to the fees paid to SCI for the relevant instruction.
Nothing in these Terms excludes or restricts liability, rights or remedies which cannot lawfully be excluded or restricted.
19. Consumer Guarantees Act
Where the Client acquires SCI's services in trade, both parties are in trade, and it is fair and reasonable that they be bound by this provision, the parties agree that the Consumer Guarantees Act 1993 will not apply.
This clause does not apply where the Act cannot lawfully be contracted out of.
20. Set-Off and Deduction
SCI may deduct and set off any amount properly owing to SCI, including fees, commission, disbursements, interest and other charges, from monies received or held by SCI on behalf of the Client, including monies relating to another matter or engagement, to the extent permitted by law.
21. Assignment
The Client may not assign its rights or obligations under an instruction without SCI's prior written consent.
SCI may assign or transfer an engagement within its associated group of companies where reasonably required for operational purposes, provided this does not materially prejudice the Client.
22. Non-Reliance
The Client acknowledges that it has not relied upon any representation, promise or warranty which is not contained in these Terms or another written agreement between SCI and the Client.
23. Force Majeure
SCI is not liable for delay or failure to perform an instruction resulting from events reasonably beyond its control.
24. Governing Law
These Terms are governed by the laws of New Zealand and the parties submit to the jurisdiction of the New Zealand Courts.
25. Changes to Terms
The version of these Terms applying when an instruction is accepted will apply to that instruction unless otherwise agreed in writing.
Any updated version will apply to subsequent instructions.
DEBT COLLECTION SERVICES
1. Commission
Unless otherwise agreed in writing, SCI's standard commission rates are:
$1.00 – $3,000.00: 30%
$3,000.01 – $10,000.00: 25%
$10,000.01 – $25,000.00: 20%
$25,000.01 – $50,000.00: 17.5%
$50,000.01 – $100,000.00: 12.5%
$100,000.01 – $200,000.00: 10%
$200,000.01 – $500,000.00: 7.5%
Over $500,000.00: By quotation.
All commission rates are exclusive of GST.
Unless otherwise agreed in writing, the applicable commission rate is determined by the total amount of the debt referred to SCI when the file is opened and remains fixed for the duration of the file.
2. Amounts Subject to Commission
Commission is payable on all monies or other value recovered after referral, whether received by SCI, received directly by the Client or received by another person on the Client's behalf.
This includes payments, settlements, credits, set-offs, contra arrangements, return of property or other value accepted in satisfaction or reduction of the debt.
Commission remains payable following withdrawal or termination where a subsequent recovery results from, or is materially connected with, SCI's prior recovery activity.
3. Direct Payments
The Client must immediately advise SCI of any payment or other recovery received directly from the debtor or another person on the debtor's behalf.
Commission remains payable on direct recoveries.
4. No Guarantee of Recovery
SCI will use reasonable skill and care in pursuing recovery but does not guarantee that any debt will be recovered.
5. Control of Debtor Communications
Once a debt has been referred to SCI, the Client must immediately refer to SCI any material communication received from the debtor concerning payment, settlement, dispute or compromise.
The Client must not, without first consulting SCI, enter into any settlement, payment arrangement, compromise, credit, set-off or other arrangement which reduces or otherwise affects the debt.
Where the Client receives direct payment or enters into an arrangement with the debtor after referral, SCI's commission entitlement continues to apply.
6. Authority to Act
The Client appoints SCI as its agent for the purpose of recovering the debt and authorises SCI to take reasonable recovery steps in accordance with the instruction.
This may include correspondence, telephone contact, field attendance, negotiation, tracing, credit reporting where legally available, engaging agents and recommending or coordinating legal or enforcement action.
7. Negotiation Authority
Unless instructed otherwise, SCI may discuss and negotiate reasonable repayment proposals with a debtor.
SCI will obtain Client approval before accepting a material compromise of the principal debt unless prior settlement authority has been provided.
8. Accuracy and Enforceability of Debt
The Client warrants that, to the best of its knowledge, the debt is properly due and payable and that information and documentation supplied to SCI is accurate and complete.
The Client must promptly advise SCI if the debt becomes disputed or circumstances arise which materially affect enforceability.
9. Recovery Costs and Interest
Where the Client instructs SCI to seek contractual collection costs or interest from a debtor, the Client warrants that there is a proper contractual or legal basis for doing so.
SCI does not guarantee that collection costs, interest, legal costs or other amounts claimed from a debtor will ultimately be recoverable.
10. Legal Proceedings and Enforcement
SCI may recommend litigation, insolvency proceedings, enforcement or other legal action where appropriate.
Where authorised by the Client, SCI may arrange for solicitors, barristers and other legal providers to undertake such work.
The Client will be charged the fee quoted, agreed or specified by SCI for that service.
That charge may include external legal fees together with SCI's administration, coordination, file management, professional attendance and commercial margin and is not required to be identical to the amount charged to SCI by the external legal provider.
Court filing fees, service costs, searches and other disbursements may be charged separately.
No material legal proceeding or material additional legal cost will normally be incurred without Client approval unless already authorised under a standing instruction, rate schedule, quotation or service agreement.
11. Withdrawal and Termination
If the Client withdraws an instruction, fees, commission on recoveries already made, disbursements and accrued costs remain payable.
Commission may also remain payable on a later recovery where SCI's work materially contributed to that recovery.
12. Application of Money Received
Where SCI receives money in connection with a collection matter, SCI may apply those monies towards fees, commission, costs, interest and the underlying debt in such order as SCI reasonably determines, subject to applicable legal requirements.
ACCEPTANCE
By instructing SCI or continuing to instruct SCI after being provided with access to these Terms, the Client acknowledges and agrees that SCI's services are provided subject to these Terms.
Version: 15 September 2026
The full Terms and Conditions, including the terms for our other services, are at https://securecollections.co.nz/terms-conditions.