Terms & Conditions
Secure Collections & Investigations Limited” herein referred to as SCL.
“You” or “the individual, trust, limited liability company, partnership, or other legal entity instructing us” herein referred to as the Creditor.
1. That SCL will be entitled to charge commission on any payment made by the debtor or on behalf of the debtor, or any credits, contras or set offs applied once instructed by the creditor.
2. That SCL is not responsible for the unsuccessful collection of a debt.
3. That if a debtor pays the creditor after instructing SCL, the creditor will notify SCL immediately, & commission will
be payable on this amount.
4. That full payment of all invoices is payable by the creditor to SCL within 7 days.
5. That if the creditor fails to make full payment of any invoice within 7 days, the creditor will be liable for all costs incurred by SCL in the collection of the overdue amount, including solicitor’s fees & court costs on a solicitor-client basis, interest at 20% per annum charged on a daily basis, & commission of up to 25% on the overdue invoice(s).
6. That once the creditor has instructed SCL to collect a debt, the creditor will not enter into any correspondence with the debtor without prior written permission from SCL, & agrees to refer any correspondence from the debtor
to SCL immediately.
7. That once the creditor has instructed SCL to collect a debt, the creditor will not enter into any payment agreement or compromise without the written consent of SCL.
8. That if the creditor provides SCL with incorrect, false or misleading information, SCL reserves the right to close the file & charge the full commission on the debt, regardless of if any money has been paid by the debtor.
9. That SCL reserves the right to negotiate with debtors in relation to the amount per payment.
10. That the client agrees to defend, indemnify & hold harmless SCL & its officers, directors, shareholders, employees & agents from & against any & all damage, loss, cost, liability, tax & expense whatsoever, including barrister &/or solicitor’s fees incurred by SCL relating to the any action undertaken by SCL in the collection & enforcement of the debt.
11. That the services provided by SCL to the client may not be reproduced, copied, or disseminated without the prior written consent of SCL.
12. That either SCL or the creditor reserves the right to terminate this agreement in writing by giving the other party 30 days’ notice.
13. That upon termination of the agreement by the creditor, or the creditor withdrawing its instructions to collect a debt, or the creditor not providing instruction to SCL within one month of SCL seeking instructions from the creditor, SCL reserves the right to charge a cancellation fee of up to 25% of the balance owing on any debts which the creditor no longer wishes SCL to pursue.
14. That SCL reserves the right to review its terms & conditions, commission fees, or any other fees & disbursements at any time.
15.That pay-outs of funds collected from the debtor is made on the 2nd of each month, & if the 2nd falls on a public holiday or weekend, the pay-out will be made on the next working day.
16. That SCL will deduct any commission, invoices & fees (including GST) from any funds collected by the debtor before paying out the balance to the creditor.
17. That SCL is authorised to instruct any person including a barrister, solicitor, field agent or other person acting upon the instructions to SCL to act as agent for the creditor in the collection of the debt.
18. That in issuing any instruction to SCL, the instructing person confirms that they are duly authorised to issue such instruction on behalf of the entity that they represent.
19. That no other debt collection agency, person, partnership, limited liability company, lawyer or trust has been appointed to collect this debt from the debtor.
20. That if another debt collection agency, person, partnership, limited liability company, lawyer or trust has been appointed to collect this debt from the debtor, SCL will be entitled to close the file & charge the full commission payable, regardless of if any money has been collected.
21. That the creditor confirms any & all information concerning the debtor has been collected, obtained, used & disclosed in accordance with the Privacy Act 2020 & the Credit Reporting Privacy Code 2004.
22. That when there is more than one creditor, including a person acting on behalf of a company, all parties are held jointly & severally liable.
23. That if a liquidator or receiver reclaims money that has been collected by SCL, the creditor agrees that SCL was acting as a service provide to the creditor upon the creditor’s instructions, & that SCL is entitled to payment of commission, fees & disbursements “costs” & that these costs will not have to be refunded to the client.
24. That in issuing any instruction to SCL, the creditor agrees that they have read, understood, & agree to SCL’s terms & conditions.