Terms and Conditions

Term of Agreement and Payment

1. You authorise Professional Collection Services ABN 79 984 512 105 (“PCS”) to take such action as it considers reasonably necessary to collect the debts you have asked PCS to collect. This may include PCS instructing, at your cost, other third parties (such as legal practitioners and process servers) as are reasonably necessary to collect your debt. PCS will obtain your consent before incurring these costs. You authorize PCS to instruct, on your behalf, any such third parties.
2. You appoint PCS for a period of six months from the date of execution of this agreement. The term shall be automatically renewed for like terms thereafter unless either party gives notice of termination to the other not more than 90 days and not less than 60 days prior to the agreement expiry date.
3. Your debt/s is/are taken to be collected if any of the following circumstance occur:
   1. A debt or part of it is collected by PCS (or any person appointed by PCS pursuant to these terms and conditions), or you; or
   2. You confirm that a debt provided to PCS for collection, had previously or already been paid; or
   3. At any time after you have provided instructions to PCS to collect a debt/s:
      1. The debt or part of it has been recovered or paid by the debtor or anyone else on the debtor’s behalf to or for your benefit;
      2. The debt or the account to which it relates is settled or compromised by you in any way;
      3. You accept goods and/or services in return for full or partial settlement of the debt/s, including the return of any goods whether relevant to the debt/s or not;

4. You further agree to inform PCS regarding any direct payments and you allow commission, costs and other charges to be deducted from any monies held in PCS’s trust account on our behalf.
5. PCS will charge the applicable fees and commissions, in accordance with the attached fee schedule, as amended from time to time, upon collection of a debt. The terms of payment are strictly 7 days from the date of invoice from PCS and payment is due and payable on that date.
6. Should you not pay for the goods or services supplied by PCS or its third parties in accordance with the credit terms as provided herein, or as varied in writing by PCS from time to time, PCS shall be entitled to charge an administration fee of 10% of the amount of the invoice payable per year, or part thereof, from the date the goods or services were supplied (and not the day when the Supplier’s invoice was payable) until payment by you.

Jurisdiction

7. You acknowledge and agree that this agreement shall be governed by the laws of the state of Queensland, and the laws of the Commonwealth of Australia which are in force in Queensland.
8. You acknowledge and agree that any contract for the supply of goods or services between PCS and you are formed at the address of PCS.

Security/Charges

9. You charge, jointly and severally, in favour of PCS all of your past, present and/or future estate and interest in any real property and personal property to secure amounts owing by you (from time to time) pursuant to this agreement.

Purpose of Credit

10. 1You acknowledge and agree that the credit to be provided to you by PCS is to be applied wholly or predominantly for business or investment purposes (or for both purposes).

Retention of Title

11. Whilst you remain indebted to PCS at any time during this agreement, PCS may retain the legal and equitable title in any goods recovered on your behalf pursuant to the above charging clause. Until payment in full has been made to PCS, PCS may retain any such goods.
12. If you remain indebted to PCS for a period exceeding 30 days from the date of invoice, PCS shall be entitled to sell the goods in the ordinary course of its business, until full payment of your indebtedness to PCS is made.
13. Your indebtedness to PCS, whether in full or in part, shall not be discharged by the operation of clause 11 hereof unless and until the funds recovered or held on trust are remitted to PCS.
14. You will be responsible for PCS’s costs and expenses in exercising its rights under clauses 9 and 11.

Cancellation of Terms of Credit

15. PCS reserves the right to withdraw credit at any time, whether you are in default under the terms of this agreement or not.
16. Upon cancellation with or without notice all liabilities incurred by you become immediately due and payable to PCS.

Indemnity

17. You agree to indemnify PCS and keep PCS indemnified against any claim arising out of its action of collecting your debt/s. This indemnity includes any legal fees, costs and/or expenses PCS incurs in order to enforce its rights, on an indemnity basis.

Provision of Further Information

18. You undertake to comply with any request by PCS, as a consequence of debtor query or otherwise, to provide further information and documentation for the purpose of pursuing collection of your debt/s in a timely manner.
19. If the Applicant is a corporation (with the exception of a public listed company), it must advise PCS of any alteration to its corporate structure (for example, by changing directors, shareholders, or its constitution). In the case of a change of directors or shareholders PCS may ask for new guarantors to sign a guarantee and indemnity.

Corporations

20. If you are a corporation, you warrant that all of its directors have agreed and/or signed this agreement and that all of its directors will enter into a guarantee and indemnity with PCS in relation to your obligations to PCS if requested to do so in writing.

Trustee Capacity

21. If you are the trustee of a trust (whether disclosed to PCS or not), you warrant to PCS that:
    1. you enter into this agreement in both the capacity as trustee and in personal capacity;
    2. you have the right to be indemnified out of trust assets;
    3. you have the power under the trust deed to sign this agreement; and
    4. you will not retire as trustee of the trust or appoint any new or additional trustee without advising PCS in writing.

You must give PCS a copy of the trust deed upon request.

Partnership

22. If you enter into this agreement as partners, you warrant that all of the partners have agreed and/or signed this agreement and that all of the partners will enter into a guarantee and indemnity with PCS in relation to your obligations to PCS.
23. If you operate as a partnership, you must not alter the partnership (for example, adding or removing partners or altering its partnership agreement) without advising PCS. In the case of a change of partners, PCS may ask for new guarantors to sign a guarantee and indemnity.

Withdrawal of files.

24. If the Applicant withdraws any matter or file from PCS, and ceases collection activity, and denies PCS the ability to complete their collection processes including ongoing court and legal action, then commission will be charged at the rate set out in Fee Schedule (irrespective if the debt owed to you is paid in full or part).

Waiver

25. A waiver by PCS, of any provision or breach of this agreement by you, must be made by an authorised officer of PCS in writing.

Taxes & Duty

26. You must pay GST on any taxable supply made by PCS to you under this agreement. The payment of GST is in addition to any other consideration payable by you for a taxable supply.
27. If as a result of:
    1. any legislation becoming applicable to the subject matter of this agreement; or
    2. any changes in legislation or its interpretation by a court of competent jurisdiction or by any authority charged with its administration;

PCS becomes liable to pay any tax, duty, excise or levy in respect of the amounts received from you, then you must pay to PCS these additional amounts on demand.

Interest Rates

28. The interest rate on any outstanding debts or amounts payable by you pursuant to this agreement is a fixed rate of 15% per annum.

Power of Attorney

29. You appoint as its duly constituted attorney PCS’s company secretary from time to time to execute in your name and as your agent any document or deed relating to any real property mortgage, bill of sale or consent to any caveat PCS may choose to lodge against real property that you may own (whether jointly or severally) in any Land Titles Office in any State or Territory of Australia, even though you may not have defaulted in carrying out any obligations hereunder.

Set-Off

30. All payments required to be made by you under this agreement will be made free of any set-off, or counterclaim and without deduction or withholding.
31. Any amount due to PCS from time to time may be deducted from any monies that may be or may become payable to you by PCS and, if monies are held for your benefit (whether in a trust account or otherwise), you irrevocably authorize PCS to make any such payments (whether from a trust account or otherwise).

Miscellaneous

32. PCS is not liable for any loss or damage caused to you by reason of strikes, lockouts, fires, riots, war, embargoes, civil commotions, acts of God or any other activity as a consequence of PCS taking recovery action on your behalf.
33. PCS is not liable, whether claims are made or not, for loss of profit, economic or financial loss, damages, consequential loss, loss of opportunity or benefit, loss of a right or any other indirect loss suffered by you.

Trust Funds

34. All monies paid, and debts collected are paid into the PCS Trust account and are reconciled at the end of month. Refunds and payments are processed once per month, and within 10 business days of the end of the month to be disbursed thereafter.

Severance

35. If any provision of this agreement is not enforceable in accordance with its terms, other provisions that are self-sustaining are, and continue to be, enforceable in accordance with their terms.
36. If any part of this agreement is invalid or unenforceable, that part is deleted, and the remainder of the agreement remains effective.

Variation

37. You agree that these terms and conditions may be varied, added to, or amended by an authorised officer of PCS at any time by written notice to you.

Entire Agreement

38. This agreement constitutes the entire agreement between the parties relating in any way to its subject matter. All previous negotiations, understandings, representations, warranties, memoranda or commitments about the subject matter of this agreement are merged in this agreement and are of no further effect. No oral explanation or information provided by a party to another affects the meaning or interpretation of this agreement or constitutes any collateral agreement, warranty or understanding.