1. In this agreement, Action Mercantile Pty. Ltd. ACN 076970548, shall be known as “Action” and its product Collect Your Money shall be known as “CYM”. The party requesting a debt to be collected or requesting a service to be performed by Action shall be known as “the Client” and the party from whom a debt is to be collected shall be known as “the Debtor.”
2. The Client acknowledges having read these terms and conditions and agrees to be bound by them.
3. The Client acknowledges that by agreeing to use CYM that it is bound to pay for this service for 12 months. Payment can be made by 12 equal payments over 12 months by direct debit or by one payment in advance that covers the 12 monthly fee.
4. The Client acknowledges that by using CYM a maximum of 30 standard letters may be ordered each month. Should the Client exceed the maximum limit a fee of $3.30 will be charged per standard letter above the maximum limit per month.
5. The Client acknowledges that a maximum of 100 SMS text messages may be ordered per month. Should the client exceed the maximum limit a fee of $0.45c per SMS text message above the maximum limit will be charged.
6. The Client may use a combination of standard letters and SMS text messages per month up to a maximum limit as determined by Action. Action will determine if the maximum limit has been reached using a combination of SMS text messages and standard letters at which time the Client will be notified before charging for the excess usage.
7. Should the Client wish to cancel the service prior to the 12 month expiration, 7 days notice must be given to Action and the remainder of the period will be charged upon termination.
8. After 12 months the Client will continue to be charged on a month to month basis until 7 days notice to terminate is received in writing from the Client.
9. Should a client pay 12 months in advance for the second or subsequent years of using CYM then from the month after termination a refund of the remaining months paid in advance will be given.
Referring debts to Action
10. The Client undertakes to notify the Debtor of a debt referred to Action for recovery that the debt is to be paid to Action. In the event that a debt referred to Action for recovery is paid in whole or in part to the Client by the Debtor the Client undertakes to notify Action within one working day of such occurrence. The Client further acknowledges that Action shall be entitled to charge commission to the Client on such sum recovered calculated according to its rates and charges.
11. The Client agrees that in the event that the Client withdraws instructions or requests Action to cease acting in any matter that the Client has referred to Action that Action shall be entitled to charge the Client Commission as if the debt has been paid in full.
12. The Client authorises and directs Action to pay into its trust account all monies Action has received on behalf of the Client and Action agrees to remit to the Client at the end of each month all cleared funds together with its Invoice Statement setting out the fees and commission deducted and the Client authorises Action to deduct any unpaid legal fees incurred on the account of the Client as at the date of its Invoice Statement.
13. The Client warrants that the details supplied by the Client to Action are true and correct and include all information relevant to the debt. The Client further warrants that information supplied to Action relating to a Debtor who is natural person complies with National Privacy Principals. Should Action suffer loss or damage and expense due to misleading, false, insufficient details or information that does not comply with the National Privacy Principles being supplied by the Client will indemnify Action in full for such loss or damage and expense.
14. The Client and its servants and agents warrant to hold confidential any password, software, systems, procedures or format information or any other thing or document that has been designed for use using this service and will not divulge such information or copy any software, systems, procedures or format information or any other thing or document that has been designed for use using this service without with out the prior written consent of Action.
15. The Client authorises Action to perform all acts reasonably necessary to recover a debt on the Client’s behalf including legal and enforcement action after the debt has been referred to Action to collect.
16. Action 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 Debtor’s.
17. Action shall be bound by no covenants, representatives or warranties other than those specified in this Agreement.
18. Action agrees that the service to be provided to the Client will be carried out by it with due diligence and care to the best of its ability.
19. Action shall be entitled to destroy its files and all documents and particulars provided by the Client in relation any debt referral upon the expiration of thirty days from the date an Invoice Statement is sent to the Client advising either of the payment of debt or that Action has closed the file.
20. In the event where the client fails to pay to Action the debt balance of the Invoice Statement forwarded to the Client within 7 days from the date of the Invoice Statement Action shall be entitled to charge interest at the prevailing Bank overdraft rate in accordance with the rate prescribed under the Penalty Interest Rates Act (Vic) whichever is the higher until the debt balance is paid in full. In addition, the Client shall be liable for all legal costs and disbursements incurred by Action arising from the default.
21. All GST levied by the Commonwealth Government on Action’s commission shall be borne by the Client and Action shall provide the Client with a Tax Invoice.
22. Action shall be entitled to vary these terms and conditions at any time upon the giving of one month’s notice to the Client detailing such changes.
23. This agreement is bound by the Laws and Jurisdiction of the State of Victoria.
|
