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 is
reasonably necessary to collect your debt. PCS will obtain your consent before
incurring these costs.
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.
Your debt/s is/are taken to be collected if any of the following circumstance
A debt or part of it is collected by PCS or any person appointed by PCS
pursuant to these terms and conditions; or
At any time after you have provided instructions to PCS to collect a
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;
The debt or the account to which it relates is settled or
compromised by you in any way;
You accept goods and 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 no;
I further agree to inform PCS regarding any direct payments and allow
commission and other charges to be deducted from any monies held in PCS’s
trust account on our behalf.
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.
Should you not pay for the goods or services supplied by PCS 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.
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.
You acknowledge and agree that any contract for the supply of goods or
services between PCS and you is formed at the address of PCS.
You charge in favour of PCS all of your estate and interest in any real property
and personal property, including any monies recovered by PCS pursuant to this
agreement, that you own at present and in the future with the amount of your
indebtedness hereunder until discharged.
Purpose of Credit
You 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
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.
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.
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.
You will be responsible for PCS’s costs and expenses in exercising its rights
under clause 11.
Cancellation of Terms of Credit
PCS reserves the right to withdraw credit at any time, whether you are in
default under the terms of this agreement or not.
Upon cancellation with or without notice all liabilities incurred by you become
immediately due and payable to PCS.
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 and expenses PCS incurs in order to enforce its rights, on an
Provision of Further Information
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.
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.
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.
If you are the trustee of a trust (whether disclosed to PCS or not), you warrant
to PCS that:
you enter into this agreement in both the capacity as trustee and in
you have the right to be indemnified out of trust assets;
you have the power under the trust deed to sign this agreement; and
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
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
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.
If you become insolvent, you remain liable under this agreement for payment
of all liabilities incurred hereunder. You remain liable under this agreement,
including charged property, even if PCS receives a dividend or payment as a
result of you being wound up.
Withdrawal of Files
If the Applicant withdraws any 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 agreed
rate as per the signed Authority to act.
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
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.
If as a result of:
any legislation becoming applicable to the subject matter of this
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.
The interest rate on any outstanding debts is a fixed rate of 15% per annum.
Power of Attorney
You appoint as its duly constituted attorney PCS’s company secretary from
time to time to execute in your name and as your act and deed any real
property mortgage, bill of sale or consent to any caveat PCS may choose to
lodge against real property that you may own in any Land Titles Office in any
State or Territory of Australia, even though you may not have defaulted in
carrying out its obligations hereunder.
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.
Any amount due to PCS from time to time may be deducted from any monies
which may be or may become payable to you by PCS and you irrevocably
authorise any such payments, if monies are held to your benefit in a trust
account operated by PCS, to be made from those trust monies.
PCS is not liable for any loss 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.
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.
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
If any provision of this agreement is not enforceable in accordance with its
terms, other provisions which are self-sustaining are, and continue to be,
enforceable in accordance with their terms.
If any part of this agreement is invalid or unenforceable, that part is deleted
and the remainder of the agreement remains effective.
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.
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.