Professional Collections Terms & Conditions
Last Updated: July 9th, 2010
I/We the Client (hereafter referred to as “You” or the “authorised officer”) hereby appoint Professional Collections as our Sole Collection Agent and any other affiliated agent from the date of this agreement.
I/we authorise Professional Collections to institute on our behalf any action, including legal necessary to collect accounts placed for collection. These fees and charges are payable in accordance with this agreement.
I/We acknowledge and agree with the following:
In this Agreement, unless the context otherwise requires: “Agreed Commission” means: The amount which represents the percentage of each and every Recovered Debt. “Recovered Debt” means all payments or part payments of a Referred Debt, including payments or part payments made directly to You, or Referred Debts deemed settled or otherwise compromised by the Client in accordance with this Agreement. “Referred Debt” means a debt owned by the Client and which the Client refers to Professional Collections.
2. Acceptance of Offer
If you accept this offer you will be bound by the terms and conditions set out in this document, including being billed in accordance with the terms herein. Acceptance may be by any one of the following ways:
a. Signing and returning a copy of this document;
b. Giving us instructions after receiving this document;
c. Oral acceptance.
Failure to accept this offer within 7 days of dispatch of this document can result in the immediate withdrawal of our offer to act on your behalf.
3. All payments made by a debtor from the date Professional Collections is instructed to collect, are subject to the Agreed Commission.
The Agreed Commission is also payable if the account is withdrawn. Please note: Any of the following will require payment of the Agreed Commission: credit passed (cancelling some or all of the debt), goods returned, caveat registered with consent, or the debt settled by way of “contra”. Professional Collections will only acknowledge withdrawal of an account once we have received notice in writing by the authorised officer.
If you fail to provide your instructions for further prosecution of the debt within 30 days of our written request to do so, this will also be deemed as termination or withdrawal of your account, and the Agreed Commission becomes payable in the next billing cycle. Professional Collections reserves the right to enforce STOP WORK policies on accounts which remain unpaid for 60 days from due date. No claims recognised after 7 days from invoice date. We will also share 50/50 in any court awarded interest.
5. Once an account has been placed for collection, no arrangements or negotiations should be made with a debtor without Professional Collections being notified, Please send us a “DIRECT PAYMENT MEMO” if any payments are received from a debtor immediately.
6. We further agree to allow Professional Collections to still pursue the account even if your debtor has promised to pay you, and Professional Collections will continue to pursue the debt unless you terminate this agreement or withdraw an account in writing.
7. Professional Collections will remit monthly statements of accounts (statements are issued at the last day of each calendar month), any payments received after this date will be carried forward to the following month, after deducting all charges for commission and incidental expenses. Any debit statement rendered is payable on receipt.
8. Professional Collections is authorised to collect, bank and receive monies paid by the debtors and to deduct from these monies all agreed costs and reasonable disbursements. Professional Collections is hereby authorised to provide receipt and grant a sufficient discharge to the debtor in request of monies received on behalf of the client.
9. Package 5 fees include any field calls, search costs, demand letters and initial recovery action. This also includes issue (or re-issue if appropriate) of your payment claim if your matter is governed under The Building and Construction Industry Security of Payment Act NSW 1999 “(SOPA)” this does not include any legal related expenses or if your matter is defended.
10. We reserve the right to suspend, terminate or cancel our agreement with you due to non-payment of account, insufficient documentation to pursue your account and/or failure to provide instructions upon request.
11. We authorise Professional Collections to negotiate and accept any reasonable settlement from my/our debtors with my authorisation within the terms and conditions of this agreement with my approval whether written or verbally.
12. We the client authorise Professional Collections to initiate any legal representative namely, Mercantile Legal, O’Connor Legal or Snelgroves Solicitors to represent matters which require legal representation. You agree to pay all legal related expenses when charged and acknowledge Professional collections is authorised to provide instructions to our legal representatives on your behalf. All major expenses are strictly on approval basis and are charged at the scale rates; please refer to the fee schedule for more information.
13. Exclusion of Liability is extended to Professional Collections, employees and or agents instructed on behalf of or by the client. The client agrees to indemnify Professional Collections against any claims or proceedings, including for non-economic loss, loss of profit or loss of savings for any indirect or consequential losses or damages under this agreement.
14. The client agrees to release Professional Collections from any liability for failure to perform or comply with any of the conditions contained in the agreement if such failure results from any cause beyond its reasonable control.
a. All statements/tax invoices are strictly payable on receipt.
b. Five percent per month (5%) interest and any recovery costs incurred by Professional Collections will be added to all outstanding accounts that remain unpaid for 30 days.
c. Legal action may be taken if accounts remain unpaid after 60 days of due date. All costs, including legal costs incurred by Professional Collections will be charged to the client.
15. The client agrees that Professional Collections will Direct Debit the clients nominate account for any debit tax invoices issued for services rendered. The client further agrees to allow Professional Collections to Direct Debit the clients account on the 5th business day after presentation of the tax invoice. You may be entitled to 5% discount on fees if you pay by Direct Debit. The discount will be granted on successful debit of your first Statment/Tax Invoice. Your account will be credited for the 5% entilement on your following Statement/Tax Invoice.