The following pages contain:
3. Scope of the engagement & Fee Structure
4. Provision of the Services
5. Invoicing, Payment and Credit Policy
6. Payment Arrangements
8. Risk and Liability
10. Termination and Cancellation
11. Entire Agreement
12. Client Authority
1.1. The Service Provider is Real Credit Repairers Australia Pty Ltd (ACN 603 777 091) of 145 Sinnathamby Boulevard, Springfield Lakes in the State of Queensland.
1.2. The Client includes any person engaging the Service Provider on behalf of and with the authority of the person or entity that the Services are to be provided for.
1.3. The Services are the credit restoration and/or associated services to be carried out by the Service Provider, and includes any advice or recommendations given.
1.4. The Minimum Term is the twelve (12) month period for which Service Provider shall be entitled to provide the Services before they can be cancelled or terminated.
1.5. Reference to loss and damage includes indirect, reliance, special or consequential loss and/or damage including i) any loss of income profit or business; ii) any loss of good will or reputation; iii) any loss of value of intellectual property.
1.6. Major failure is as defined under the Competition and Consumer Act 2010 (Cth).
1.7. GST refers to Goods and Services tax under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
2.1. These terms and conditions together with the Service Provider’s Client Authority Form constitutes the whole agreement between the Service Provider and the Client (“the agreement???).
2.2. The agreement may not be varied unless expressly agreed to by the parties in writing. In the event that an inconsistency exists and/or arises between these terms and a request of the Client, it is acknowledged that these terms and conditions will prevail.
2.3. The terms and conditions are binding on the Client and the Client’s heirs, assignees, executors, trustees and where applicable, any liquidator, receiver or administrator.
2.4. In these terms and conditions, the singular shall include the plural, the neuter gender shall include the masculine and feminine and words importing persons shall apply to corporations and vice versa.
2.5. Where more than one Client completes this agreement, each shall be liable jointly and severally.
2.6. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired and the offending provision shall be deemed as severed from these terms and conditions.
2.7. The failure by a party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision.
2.8. The Client acknowledges that the Service Provider may detail these terms and conditions on its website. In this event, the terms and conditions on the Service Provider’s website shall apply to any future dealings as between the Parties and the Client is deemed to have notice of any such terms and conditions and/or amendments.
2.9. The Client acknowledges and authorises that the Service Provider may collect and hold relevant personal information about the Client. Further, the Client authorises the Service Provider to obtain and give relevant personal information about the Client from the Client’s creditors, credit providers, holders of credit Information files and any credit reporting agency or other relevant person, body corporate, government body or agency for the purpose of providing the Services to the Client.
3. SCOPE OF THE ENGAGEMENT & FEE STRUCTURE
3.1. In consideration of the Service Provider agreeing to perform the Services at the Client’s request, the Client agrees to pay to the Service Provider fees in accordance with its Fee Structure detailed herein.
3.2. The Service Provider warrants that two (2) categories of fees shall be payable by the Client for the Services provided:
3.2.1. NO WIN, NO REMOVAL SUCCESS FEE
First Removal – The Service Provider will charge a fee of $990.00 including GST for a first removal, improvement and/or confirmation from the Client’s creditor in writing of a conditional agreement to remove any Default or Serious Credit Infringement on the Client’s credit file. Each Subsequent Removal – The Service Provider will charge a fee of $395.00 including GST for each subsequent removal, improvement and/or confirmation from the Client’s creditor in writing of a conditional agreement to remove any Default or Serious Credit Infringement on the Client’s credit file. Removal of Court Default Judgments – The Service Provider will charge a fee of $990.00 including GST for each removal, improvement and/or confirmation from the Client’s creditor in writing of a conditional agreement to remove any Court Default Judgment on the Client’s credit file. Removal of Fraudulent Credit Enquiries – The Service Provider will charge a fee of $100.00 including GST for each removal of fraudulent credit inquiries when confirmation of the removal and/or improvement has been received in writing. Removal of Identity Mix-Up/Cross Reference – The Service Provider will charge a fee of $495.00 including GST for each removal and/or improvement of any identity mix-up/cross reference when confirmation of the removal and/or improvement has been received in writing. Debt Negotiation – The Service Provider will charge a fee equivalent to 20% of the amount the Service Provider has saved the Client when successfully negotiating a Client’s outstanding debt. This fee is effective upon receipt of the Client’s instructions to negotiate in writing. The charge will be calculated on a current amount owing which could be higher than the amount detailed on the Client’s credit file to include additional incurred interest by the Client’s creditor or lower if the Client has made recent payments on account.
3.3. The Service Provider warrants that it will not undertake further work for the Client until payment of fees outlined at Clause 3.2. herein as invoiced are settled and/or a payment arrangement for same is agreed between the parties in accordance with Clause 6 herein. E.g. The Service Provider will not conduct further work for subsequent removals until such time as payment of the Service Provider’s fee for the first removal has been made and or a payment arrangement in respect of the said fee has been agreed between the parties.
3.4. The Client acknowledges that it will be liable for additional costs associated with Court filing fees and obtaining the Client’s business/commercial Equifax file(s). These additional costs will only apply where the Service Provider has informed the Client of the additional costs in advance, and provided that the Client has approved same.
4. PROVISION OF THE SERVICES
4.1. The Service Provider reserves its right to decline requests for any Services requested by the Client not included in the scope of the engagement.
4.2. Unless specified by the Service Provider to the contrary in writing, the Service Provider does not warrant that it will be capable of providing the Services at or before specific times requested by the Client.
4.3. Subject to otherwise complying with its obligations under the Agreement, the Service Provider shall exercise its independent discretion as to its most appropriate and effective manner of providing the Services and of satisfying the Client’s expectations of those Services.
5. INVOICING, PAYMENT AND CREDIT POLICY
5.1. The Service Provider will immediately raise an invoice for the applicable category of No Win, No Removal Success Fees herein as soon as the Client’s creditor has provided the necessary confirmation in writing.
5.2. GST will be charged on the Service Provider’s prevailing rate(s) for the Services that attract GST at the rate applicable at the time the Practitioner raises its tax invoice for the Services provided.
5.3. The Client must make full payment to the Service Provider within five (5) business days of receipt of the Service Provider’s invoice for the provision of the Services unless a Payment Arrangement in accordance with Clause 6 herein is otherwise agreed between the parties.
5.4. The Client warrants that it will not delay in making payment of the Service Provider’s invoice/s and will endeavor to settle the invoice/s within the timeframe stipulated at clause 5.4. herein.
6. PAYMENT ARRANGEMENTS
6.1. The Service Provider, upon the request of the Client and at its absolute discretion, may offer the Client a payment arrangement in order to satisfy its outstanding invoice/s.
6.2. In the event that the Client defaults on the terms of the payment arrangement, the Client acknowledges that the default provisions detailed at Clause 7 herein shall apply.
6.3. The Client acknowledges that if they default in making two (2) or more installment payments pursuant to an agreed payment arrangement, the Service Provider is entitled to terminate the payment arrangement and the total balance of the payment arrangement will become immediately due and payable.
7.1. In this clause, the “default date??? is the day after the date by which payment of the Service Provider’s invoice was due to be made by the Client to the Service Provider or day after the date by which payment of an installment pursuant to a payment arrangement in accordance with Clause 6 was due to be made by the Client.
7.2. In this clause the “outstanding balance??? is the amount detailed on the Service Provider’s invoice or the balance of a payment arrangement in accordance with Clause 6 less any payments made by the Client prior to the default date.
7.3. The Client will be liable for a dishonoured cheque fee of $40.00 for each cheque issued by the Client and rejected by the Service Provider’s bank.
7.4. If the Service Provider does not receive the outstanding balance by the default date the Client will be liable for:
7.4.1. Interest on the outstanding balance from the default date at the rate of twelve per centum (12%) per annum calculated on a daily basis;
7.4.2. A late payment fee in the sum of $20.00 for each default of payment of an instalment under a payment arrangement agreed under Clause 6 herein;
7.4.3. An account keeping fee of $15.00 to be charged at the end of each calendar month after the default date until the outstanding balance has been paid;
7.4.4. Any charges reasonably made or claimed by the Service Provider’s lawyer for legal costs on the indemnity basis.
7.5. In the event that the Service Provider does not receive the outstanding balance by the default date, the Service Provider will be entitled to charge the Client’s legal and beneficial interest in any real property held in the Client’s name in favour of the Service Provider. The Client authorizes the Service Provider to lodge a Caveat against any interest the Client holds in real property.
8. RISK AND LIABILITY
8.1. The Client will ensure that there is sufficient information and documentation to enable the Service Provider to perform the Services and the Service Provider takes no responsibility in the event the Client fails to provide any information or documentation in a timely manner or if such information provided by the Client is incomplete, incorrect or inaccurate.
8.2. The Client acknowledges that payment of the Service Provider’s invoice/s for its No Win, No Removal Success Fees is not contingent upon the removal of the default listing itself, but rather the Client acknowledges that it will be liable for payment of the Service Provider’s invoice/s upon the Client’s creditor’s confirmation that they will remove the default listing when the Client makes payment.
8.3. The Client acknowledges that the Service Provider shall not be liable for and the Client releases the Service Provider from any loss and damage incurred as a result of delay or failure to observe any of these conditions or to perform the Services due to the failure by the Client to provide information and documentation on request and in timely manner or due to an event of force majeure, being any cause or circumstance beyond the Service Provider’s reasonable control.
8.4. While the Service Provider will use its best efforts in the provision of the Services, no such Service is guaranteed to correct any pending, existing or future incorrect credit record or credit-related matter of the Client.
8.5. During the time that the Service Provider is acting for the Client, the Client covenants that the Service Provider acts on its behalf exclusively and the Client shall not negotiate with or contact the Client’s creditor.
8.6. The Client’s instructions to the Service Provider to undertake the Services pursuant to this agreement shall be deemed to have commenced from the date of receipt of the Client Authority Form and should the Client thereafter at any time instruct the Service Provider whether expressly or by conduct to terminate the Services for any reason whatsoever within the Term, and a removal or improvement of the Client’s credit file is thereafter achieved, the Service Provider will be entitled to charge the Client for the applicable No Win, No Removal Success Fee/s.
9.1. The Service Provider warrants that the Client’s rights and remedies in the Agreement arising from a warranty against defects are in addition to other rights and remedies under any applicable law in relation to the Services to which the warranty relates.
9.2. The Service Provider does not purport to restrict, modify or exclude any liability that cannot be excluded under the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) as may be amended from time to time. Warranty for Services
9.3. Provided that the Client reports any defect in any Service provided, preferably within fourteen (14) days from the date that the defect became apparent, the Service Provider will rectify any defect in the Services within a reasonable period of time. The Service Provider provides the following warranty to Customers in respect of Services supplied: “Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the
service you are entitled:
– To cancel your service contract with us;
– To a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.???
9.4. The Service Provider shall not be liable to compensate the Client for any reasonable delay in remedying any defective Services or in assessing the Client’s claim.
9.5. The Client warrants that it will use its best endeavours to assist the Service Provider with identifying the nature of the defective Service claim. Claims made under Warranty
9.6. Claims for warranty should be made in one of the following ways:
9.6.1. The Client must send the claim in writing to the Service Provider’s address of 145 Sinnathamby Boulevard, Springfield Lakes or to the Service Provider’s post office box of PO Box 4718, Springfield Lakes, both in the State of Queensland.
9.6.2. The Client must email the claim to the Service Provider to firstname.lastname@example.org.
9.6.3. The Client must contact the Practitioner on the Credit Provider’s business number of (07) 3106 1632.
10. TERMINATION AND CANCELLATION
Cancellation by the Service Provider
10.1. Without prejudice to the Service Provider’s other remedies at law, the Service Provider shall be entitled to cancel all or any< part of any Services of the Client which remain unperformed and all amounts owing to the Service Provider shall, whether or not due for payment, become immediately due and payable in the event that:
10.1.1. Any money payable to the Service Provider becomes overdue for payment; or
10.1.2. The Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
10.1.3. A receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.
10.2. The Service Provider shall not be liable for any loss or damage whatsoever suffered by the Client arising from the cancellation. Cancellation by the Client
10.3. Upon engaging the Service Provider, the client undertakes that it will commit to a minimum term of engagement of twelve (12) months.
10.4. Upon the expiry of the twelve (12) month term, the Client may cancel any request for Services providing written notice to the Service Provider. The Client acknowledges and accepts that the Service Provider will be entitled to charge its prevailing rate(s) for any Services performed up to the time of cancellation.
11. ENTIRE AGREEMENT
11.1. The agreement as defined herein constitutes the whole agreement between the Client and the Practitioner.
11.2. The agreement is deemed to be made in the State of Queensland and all disputes hereunder shall be determined by the appropriate courts of Queensland.
11.3. All prior discussions and negotiations are merged within this document and the Service Provider expressly waives all prior representations made by it or on its behalf that are in conflict with any clauses in this document in any way.
11.4. Nothing in these terms and conditions is intended to have the effect of contravening any applicable provisions of the Competition and Consumer Act 2010 or the Fair Trading Acts in each of the States and Territories of Australia.