Terms and Conditions
Terms and Conditions for use of The Website being https://debtrecoveryqld.com.au/ (“The Website“) for Debt Recovery Qld.
Governing Law and Jurisdiction
By using The Website, you accept these terms and conditions in full. If you register, or use an online form or contract services from The Website, you to expressly agree to these terms and conditions.
The Debt Recovery Qld terms and conditions are governed by the laws of Queensland and any and all disputes which may arise between a client and Debt Recovery Qld will be heard in the Courts of Queensland.
Information on The Website – Terms and Conditions
The information contained in The Website was current at the time of publication and is for general information purposes only. Debt Recovery Qld make no warranty as to their accuracy and strongly advise that you seek legal advice. All legal matters are different and a qualified legal professional will be able to tailor advice in relation to your own personal circumstances.
Instant Quote Form
By completing and submitting any form on The Website you consent to be contacted by Debt Recovery Qld or our partners in relation to your matter.
Scope of Works
The scope of works in relation to debt recovery will include the following:
- Collecting all of the relevant materials for our file, contracts, invoices, all client documents;
- Perusing the relevant client materials;
- Drafting and sending a letter of demand to the debtor;
- Telephone calls to the debtor to follow-up the letter of demand;
- If applicable, get an acknowledgment of debt from the debtor;
- If applicable, get a payment plan from the debtor; and
- Liaise with the client advising of each step in the proceeding.
The Client at its own cost employs Debt Recovery Qld as its agent to:
- recovery the debt of overdue accounts; or
- The Client hereby authorises Debt Recovery Qld to undertake all required legal actions through its firm of appointed solicitors and agrees to pay all legal costs in advance, if and when called upon to do so.
The Client at all times is:
- Shall at all times be fully responsible for and meet on demand all necessary and incurred solicitors disbursements, including legal and court fees, search fees and other incidental costs including GST, of attempting to effect recovery of the debt through legal proceedings, even if the resultant recovery process is not at all or only partially successful, except where any portion of such disbursements are legally or practically able to be recovered from the debtor.
- Will ensure payment of the Debt Recovery Qld invoice (inclusive of applicable fees, charges and GST) Shall be Strictly within 14days, except where such amounts can be deducted from money held in trust from debt recovery activity by Debt Recovery Qld.
- Is aware if you the client defaults in payment of any account with Debt Recovery Qld then the account will be treated as an account placed for debt recovery and you the client shall be liable for not only the account in question but also disbursements made, costs or fees incurred and commission including GST at the rate otherwise payable by the Client.
The Client will provide Debt Recovery Qld:
- With all such information and documentation as Debt Recovery Qld Debt may reasonably deem necessary to recover any debt.
- In any case handled by Debt Recovery Qld for recovery where the client fails to provide Debt Recovery Qld with all such information and documentation requested within a reasonable time then in each case full commission and charges are payable to Debt Recovery Qld and will be charged accordingly
- The Client warrants, that all information it provides Debt Recovery Qld concerning the debtor and/ or the debt or any other information, written or otherwise, is true and correct.
The Client irrevocably authorises Debt Recovery Qld in its rights to receive, endorse and deposit all monies recovered into its trust account on behalf of the Client and to deduct therefore all costs, fees, legal costs, commissions or other expenses which the Client is liable to pay thereafter.
- All applicable fees and charges shall become due and payable to Debt Recovery Qld from the moment that the Client instructs Debt Recovery Qld to recover the debt.
- All applicable fees and charges remain due and payable, if following Debt Recovery Qld receiving recovery instructions from the Client, the Client later advises that the debt has been issued in error or was incorrect in any way from that as was initially instructed.
- The Client will notify Debt Recovery Qld of payment made by the debtor direct to the client within 5 working days of receiving the payment. Failure to inform Debt Recovery Qld Debt will incur a fee.
- In the event that payment on Debt Recovery Qld invoice is not forthcoming a debt recovery fee will be added.
Paid direct to the client by or on behalf of the debtor. In any case handled by Debt Recovery Qld for recovery where the debt is:
- The action is discontinued by you the client (within 12months of the debt being given to Debt Recovery Qld)
- The debt process is compromised. A debt is deemed compromised when a client interferes with the recovery ability to recover a debt by their normal processes and failing to abide by the outlined of this document and information provided on the website.
- A credit is allowed by the client
- The client accepts goods in lieu of payment
- or whether the clients finds that the debt has been paid prior to being sent to Debt Recovery Qld.
THEN – IN EACH CASE FULL COMMISSION IS PAYABLE TO DEBT RECOVERY QLD.
The client authorizes any personnel of Debt Recovery Qld to negotiate, make and accept offers on debt amounts for payment from your debtors without consenting with you or any authorised person from your organisation and that you duly accept any offers Debt Recovery Qld agree to on your behalf.
- a) This Agreement shall automatically be deemed to have been renewed for a further 12 months on the then current fee level prior to the expiration of the current term of the Agreement if the Client does not give Debt Recovery Qld written notice of at least 30 days prior to the agreement expiring, that it does not intend to renew.
- b) If the Client does give such written notice, all matters then held with Debt Recovery Qld shall be completed by it and Debt Recovery Qld shall be entitled to full commission on the full debt amount as first instructed by the Client.
Debt Recovery Qld shall have the right (without providing any reason) to refuse to handle any recovery matter.
Debt Recovery Qld reserves the right to terminate this agreement at any time by giving written notice to the client, (without providing any reason therefore) and the client shall receive back any monies held, less all applicable fees and charges.
This agreement shall remain valid until either party provides 30 days written notice by registered mail to the other party at their business address or registered office. The agreement shall terminate 120 days from receipt of the advice.
The client warrants that all information it provides to Debt Recovery Qld is totally accurate, true and lawful. If the information is not totally accurate, true and lawful, Debt Recovery Qld reserves the right to charge the full amount for the commission.
The client confirms that where they instruct Debt Recovery Qld to recover the fees and charges of a recovery matter that the client holds a signed written agreement with the debtor authorising this action.
If termination of this agreement is executed or the client otherwise withdraws a file then the following shall apply;
- Debt Recovery Qld and its solicitors or agents shall immediately cease action on all debts including any legal action
- The client must inform all debtors that they must redirect any payments or instalments to them
- There shall be no refund of any fees including subscriptions
- All files shall remain the property of Debt Recovery Qld until all Debt Recovery Qld Invoices have been fully paid
- The client must always advise Debt Recovery Qld immediately of any contact with or payment from a debtor or their representatives.
Commission will apply in all of the following circumstances from the time Debt Recovery Qld creates a debt on its systems;
- On all payments received by Debt Recovery Qld, its agents, solicitors or representatives at any time (this shall include debts where termination of this agreement has been executed and/or any other debts that may have been otherwise withdrawn)
- On all payments received by, or on behalf of the client.
- On any withdrawal of a debt by the client where legal action exists, or where the debtor has entered into a repayment arrangement by instalments, or promised payment to either Debt Recovery Qld or the client (even if the promised payments have not been received). Commission shall apply immediately as if the debt were paid in full.
- Where the client raises a credit against the debt or advises it was paid before placement or on the day of placement with Debt Recovery Qld. Commission will apply on the value of the credit or payment.
- Where a client withdraws a file claiming it should never have been placed with Debt Recovery Qld. Commission shall apply on the full sum of the debt but at the discretion of Debt Recovery Qld.
Debt Recovery Qld shall continue all recovery efforts without referral to the client except for any action that requires the payment of a fee.
Debt Recovery Qld shall never commence legal action against a debtor without client approval, such approval may be verbal and in accordance with this agreement.
Debt Recovery Qld, its agents or solicitors shall have the right without notice to the client to cease action (including legal action) and/or close files if Debt Recovery Qld’s statement of account is overdue. File reinstatement shall be solely at the discretion of Debt Recovery Qld.
Debt Recovery Qld shall have the right to deduct any money owed to it by the client from any money it holds on behalf of the client. This clause may be overturned with the permission of Debt Recovery Qld but will unconditionally apply if the clients account is overdue.
Debt Recovery Qld shall have the right to increase annually its handling (rate) fees, subscriptions and other charges (except for commission) by the National CPI rate. Debt Recovery Qld shall have the right to increase its fees at any time where there has been an increase in the ‘out-of-pocket’ fees by a Debt Recovery Qld supplier. All fee increases may be rounded up to the nearest $1.00.
Debt Recovery Qld shall have the right to request pre-payment of any fees or legal costs at any time for any reason.
The client agrees that receipt of this agreement by Debt Recovery Qld by internet application, or internet acceptance tick, or by facsimile or by email shall at all times constitute a legally binding agreement on it and any court or tribunal.
The client confirms that Debt Recovery Qld will not provide copies of demand letters used in the recovery process
An owner or director of the client or any other person who signs and enters into this agreement shall be liable jointly and severally with the client for payment of all money due to Debt Recovery Qld, its agents or solicitors.
Debt Recovery Qld will have the right to bank funds it receives from debtors into its “Debt Recovery Qld Trust Account” and may instruct all debtors to directly pay into that account or to Debt Recovery Qld by any other means.
The client provides Debt Recovery Qld with an on-going and irrevocable authority to endorse payments Debt Recovery Qld receives that are made payable to the client, so that Debt Recovery Qld may then deposit those funds into the Debt Recovery Qld account nominated in the clause above.
The client gives authority for Debt Recovery Qld to undertake credit inquiries on it with any credit reporting agencies and to obtain or provide personal and company information to or from other credit providers.
The client agrees that they will be responsible for all recovery costs, including commission fees, relating to the recovery of any overdue account owed by the client to Debt Recovery Qld.
The client agrees that if any part of a debt owed to Debt Recovery Qld is overdue then all of its debt will be deemed as overdue.
Debt Recovery Qld may source credit reports from on behalf of our Client and will comply with all Australian privacy laws. The Client agrees to indemnify Debt Recovery Qld, its agents, employees, directors, contractors and subcontractors from and against any and all anticipated profit, cost, damage, liability, loss, taxation or any other expenses incurred by the Client, should the Client experience an unfavorable result from Debt Recovery Qld.
Appropriate Terms and Conditions information
Most of the legal information on The Website pertains to the laws associated with Queensland, or Australian law. However, this is not always the case. Do not believe that any certain item of legal information pertains to any particular legal system.
For all of the reasons, you should never rely upon any information on The Website, and we advise that you seek professional legal advice before embarking upon any action (or omitting to take any action) which includes or may have legal implications.
Exclusion of warranties, representations and also guarantees
Debt Recovery Qld do not warrant, represent or guarantee:
- the accuracy from the information published for The Website;
- the completeness from the information published for The Website;
- that the data published on The Website is up-to-date;
- or the information on The Website can be placed on achieve any certain result.
Limits and exclusions associated with liability
Nothing in these conditions will: (a) limit or exclude our or your liability with regard to death or compensation for injuries resulting from carelessness; (b) limit or perhaps exclude our or your liability with regard to fraud or bogus misrepresentation; (c) limit some of our or your liabilities at all that may not be not permitted under relevant law; or (d) exclude some of our or your own liabilities that may not be excluded under relevant law.
To the extent how The Website and the data and services on The Website are provided free-of-charge:
- We will not be liable in value of any losses arising away from any event or events beyond your reasonable control.
- We are not liable to you in respect of any business losses.
- We are not liable to you in respect of any decrease of or damage to profits, income, or anticipated financial savings.
- We will not be liable to you in value of any decrease of use or creation. We will not be liable to you in value of any decrease of management time or office time.
- We are not liable to you in respect of any decrease of business, contracts, business oriented opportunities or goodwill.
- We are not liable to you in respect of any burning or corruption associated with any data, data source or software.
- We are not liable to you in respect of any particular, indirect or debt recovery loss or damage.
- We will not be liable to you in value of any losses arising away from any acts or omissions of any hosting services provider, payment services provider or other alternative services provider.
From time to time The Website terms and conditions or features of the website will be unavailable. Such unavailability may be the result of defects from the website hosting, timetabled or emergency upkeep procedures, or failures of alternative service providers. We don’t commit to being sure that The Website or terms and conditions will be available at any particular time. Additionally, we do not guarantee that The Website will continue to be published.
The Website uses interactive features of which allow users to get in touch with us and our partner law firm. You acknowledge that, because of this limited nature associated with such communication, any legal assistance you might receive using such facility will probably be incomplete and could be misleading. Any legal assistance you might receive using such facility does not constitute legal services and accordingly should not be relied upon. No solicitor-client relationship should be created through the use of The Website.
In addition to protecting Debt Recovery Qld and it is members and staff members, the limitations associated with liability in these terms and conditions shall protect the following persons in value of any claims manufactured by any Debt Recovery Qld customer or perhaps any user on The Website: (a) any Debtrecoveryqld.com.au law practice partner; (b) any dealer of any appropriate document or documents offered on The Website; (c) any dealer of other legal content offered on The Website; and (d) any officer, employee, partner or member of any person known as in sub-paragraphs (a) to (c). For this avoidance of doubt, this Section will not affect this terms of any solicitor-client relationship expressly agreed and also entered into between a web site user and any law practice.
Licence to make use of The Website
Unless in any other case stated, we or your licensors own this intellectual property rights from The Website and material on The Website. Subject to this Terms and Conditions and licence below, each one of these intellectual property rights are reserved.
You could view, download with regard to caching purposes solely, and print pages from The Website on your own personal use, subject to the restrictions determined below and somewhere else in these terms and conditions of use. You mustn’t: (a) republish material using The Website (including republication with another website); (b) market, rent or sub-license material from The Website; (c) show any material from The Website in community; (d) reproduce, identical, copy or in any other case exploit material with The Website for any commercial purpose; (e) edit or otherwise modify any material on The Website; or (f) redistribute material using The Website, except for content specifically and expressly offered for redistribution (such while our newsletter).
Where content is specifically offered for redistribution, it could only be redistributed within your organisation. This is a strict Term of Debt Recovery Qld.
You may access our Feed by following this instruction on The Website. By accessing our Feed you accept these terms and conditions. Subject to your own acceptance of these terms and conditions, and notwithstanding the restrictions determined above, we grant to you a non-exclusive non-transferable non-sub-licensable licence to produce our RSS feed in unmodified style on any non-commercial website owned and handled by you. It is a condition of this licence that you include a credit for us and hyperlink to The Website on each website page where the Feed is published (in such form even as may specify every once in a while, or if we don’t specify any certain form, in an acceptable form). We may revoke this licence whenever they want, by giving your own written notice associated with revocation.
You must not use The Website in ways that causes, or might cause, damage to The Website or impairment from the availability or accessibility from The Website; or at all which is illegal, illegal, fraudulent or harmful, or connected with any unlawful, against the law, fraudulent or dangerous purpose or activity. You must not use The Website to copy, retail, host, transmit, mail, use, publish or deliver any material which is made of (or is related to) any malware, computer virus, Trojan’s horse, worm, keystroke logger, rootkit or other malicious software applications. You must not conduct any methodical or automated info recovery activities (including without having limitation scraping, info mining, data extraction and also data harvesting) on or with regards to The Website without having our express published consent. You should never use The Website to transmit or send unsolicited business oriented communication. You should never use The Website for just about any purposes related to marketing without our express written agreement.
Access to certain parts of The Website is fixed. We reserve the right to restrict having access to other areas of The Website, or in fact The Website, at our convenience. If we provide you with or you generate a password to help you access restricted parts of The Website or perhaps other content or perhaps services, you need to make sure that that password is kept confidential. You must notify us in writing immediately if you notice any unauthorised use of your account or password. You have the effect of any activity with The Website arising away from any failure to keep your password confidential, and may be held chargeable for any losses arising from such a problem. You must not use any other person’s user identification and password to get into The Website. We may disable your account on The Website at our sole discretion without warning or explanation. We reserve all rights in relation to this.
Third party websites Terms and Conditions
The Website includes hyperlinks to other websites possessed and operated through third parties. These links are not recommendations. We haven’t any control over this contents of alternative websites, and you agree that we accept no responsibility for the use or for any loss or damage which could arise from your use of them.
Licence to make use of free templates
You must credit Debt Recovery Qld on all templates and derivatives thereof (in the form specified on this relevant template). Furthermore, you must add a visible hyperlink to https://debtrecoveryqld.com.au/ on any website the place where a derivative is published. Subject to this particular, you are engaged to determine: (i) the circumstance and link text for your hyperlink; and (ii) this page on online world. https://debtrecoveryqld.com.au/ to which the hyperlink points.
You mustn’t republish any design in amended style, or publish derivatives of a template including any footnotes or brackets appearing from the templates. You have no rights to market or distribute this templates or derivatives thereof as well as to license to others any rights from the templates or derivatives.
You acknowledge that we do not provide any legal services to you relating to the templates, and Debt Recovery Qld will not be liable in respect of your use of the templates. We don’t warrant the templates comprehensiveness or precision; nor do we not plan to ensure that this templates remain available or that they’re kept up-to-date. The disclaimers of liability determined in any of these conditions apply in full with regards to our free templates.
Prices, payments Terms and Conditions
The charges will be as specified on The Website from time to time. We may change the charges at our sole discretion by posting the charges on The Website. If you do not wish to pay charges at the new level, the your remedy is to terminate the membership according to the terms. All charges are exclusive of GST.
Professional services are generally priced on The Website.
More limitations of the liability
The disclaimers of liability outlined in any of these terms and conditions apply in regards to member services.
You hereby indemnify Debt Recovery Qld and undertake to keep us indemnified next to any losses, loss, costs, liabilities and bills (including without restriction legal expenses and also any amounts compensated by us to a third party in settlement of an claim or dispute) sustained or suffered arising from any breach through you of any provision of these terms and conditions, or arising from any claim that you have breached any supply of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to our other rights, if you breach these terms and conditions of use at all, or if we reasonably suspect that you have breached these terms and conditions of use at all, we may: (a) send you more than one formal warnings; (b) temporarily suspend your having access to The Website; (c) permanently restrict you from accessing The Website; (d) block computers with your IP address from accessing The Website; (e) contact your online services provider and request they block your having access to The Website; (f) bring court proceedings against an individual for breach of contract or otherwise; (g) suspend and/or erase your account with The Website; and/or (h) erase and/or edit any or all of your current content.
Where we postpone or prohibit or block your having access to The Website or a component of The Website, you must not take any activity to circumvent such suspension or prohibition or perhaps blocking (including without having limitation creating and/or having a different account).
Debt Recovery Qld and also our logo are trademarks belonging to us. We give absolutely no permission for using these trademarks, and such use may constitute an infringement of our rights. The other listed and unregistered trademarks on The Website include the property of their own respective owners. Except stated otherwise, we do not endorse and so are not affiliated with from any of the holders of such rights and thus we cannot allow any licence to exercise such rights.
We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to using The Website from the date of the publication from the revised terms and conditions on The Website.
You hereby agree that people may not transfer, sub-contract or otherwise deal with any or our rights and/or requirements under these conditions. You may certainly not transfer, sub-contract or otherwise cope with your rights and/or requirements under these conditions without obtaining your prior written agreement.
If any of these terms and conditions is determined through any court or other competent authority to be unlawful and/or unenforceable, the remainder provisions will continue in effect.
Exclusion of alternative rights
Subject to this preceding paragraph, these terms and conditions are for the benefit of you, and are not meant to benefit any alternative or be enforceable by any alternative. The exercise individuals and your rights with regards to these terms and conditions is just not subject to this consent of any alternative.
Subject these terms and conditions, together with our privacy, constitute the overall agreement between an individual and us with regards to your use of The Website, and supersede almost all previous agreements in respect of your use of The Website.