Terms & Conditions of Trade

  1. DEFINITIONS
    1. “We”, “Us” and “our” mean Debtworks (NZ) Limited (or “Debtworks”)
    2. “You” and “your” mean the client.
    3. “Service” and “services” include our debt collection, credit information, credit management or associated services requested by you from time to time.
  2. APPOINTMENT OF DEBTWORKS AS AGENT
    1. You appoint us to act as your agent to provide the services in accordance with these terms, and we accept the appointment.
  3. OUR OBLIGATIONS
    1. We will provide the services requested promptly and report to you on progress as requested by you.
    2. Where necessary, we may instruct 3rd parties to assist us in providing the services.
    3. We will not compromise, secure or settle any debt for less than the outstanding balance without your authority, unless in the circumstances it is not reasonably practical to obtain your authority.
    4. We will hold any funds we collect for you in our trust account or the trust account of our solicitor, and we will account to you on a monthly basis. We may deduct any money you owe us prior to sending any funds to you. You acknowledge that our payment to you may be based on uncleared funds and you agree that if any such funds dishonour, you will immediately refund the amount of any dishonoured funds to us upon request.
  4. YOUR OBLIGATIONS
    1. You will give us clear written instructions in respect of each service requested.
    2. When you issue any instruction, you will provide us with all relevant information and documentation that you hold in your possession. You warrant that any information you provide is not misleading nor deceptive within the terms of the Fair Trading Act 1996.
    3. You will inform us immediately if you become aware of any change to any information you have provided to us. This includes any payment or other arrangement made with or to you for the settlement or reduction of the debt.
    4. PRIVACY ACT – DEBTORS – Prior to instructing us to perform a service against an individual, you confirm to us:
      1. That you have all the necessary authorities pursuant to the Privacy Act 1993 for you or any agent (including us) to use all information you hold or provide to us; and
      2. That you have all the necessary authorities pursuant to the Privacy Act 1993 for you or any agent (including us) to obtain information from third parties about that individual for the purpose of performing the service (and any directly related service including credit reporting); and
      3. the individual authorises any person, corporation or organisation to provide you or us with any information we may require to any enquiries we may make in carrying out any instruction from you; and
      4. that our use of any information you provide to us is one of the purposes (or directly related) with which the information was obtained.
      5. that providing us with any information, materials or documentation about the individual constitutes confirmation by you that the material has been obtained by you in accordance with the Privacy Act 1993, including but not limited to you having disclosed to the individual concerned that the purposes of collecting the information, any intended recipients of the information, and the right to access and correct any information held about the individual.
    5. PRIVACY ACT – YOU (IF YOU ARE AN INDIVIDUAL) - If you are an individual, you acknowledge that
      1. any personal information you supply to us is supplied for all purposes relating to our performance of our services to you, including but not limited to providing the service, maintaining our business relationship, credit checking, debt collection and marketing. You authorise us to undertake such enquiries (including credit checks)about you from time to time by any means whatsoever and to provide any such information to third parties for those purposes or related purposes.
      2. you are aware of your right to access and correct any personal information we hold about you.
  5. PAYMENT OF OUR COMMISSION, FEES AND DISBURSEMENTS
    1. Once we are instructed to collect your debt, you must pay commission on any payment, credit or contra deal accepted by you in settlement or reduction of a debt regardless of whether any such payment is received by us or directly by you.
    2. If you withdraw any debt or instruction, we may charge you the full commission due on the debt if it is under a current repayment arrangement or a closed file fee on each instruction affected including a fee of up to 7.5% of the outstanding balance of that file (whatever is the greater). We may also hold the file affected until we receive payment in full of all amounts owed to us.
    3. You will pay our commission and charges (plus GST) by the 20th of the month following the date of invoice. We may at our discretion charge interest on any overdue amount at the rate of 1% per month, compounding monthly. You will be liable to us for all costs we incur as a result of your failure to pay on time, including any debt collection or legal costs (on a solicitor – client basis).
    4. Any fees set by statute are subject to change immediately upon the changes being gazetted by Parliament.
  6. INDEMNITIES AND EXCLUSION OF LIABILITY / ACCURACY OF INFORMATION
    1. We will not be liable to you for any liability, loss or damage, cost or claim arising from or in connection with any service provided by us to you. You agree to indemnify us against any actions, liabilities, charges, demands, expenses, losses, damage, claims or costs incurred by us as a result of us acting upon your instruction from you or arising from any information (or lack of information) supplied by you, or your breach of these terms and conditions.
    2. We take no responsibility for the correctness or accuracy of any information we supply to you and we shall not be liable to you for any liability, loss, damage, cost or claim arising from reliance on or use of the information, howsoever caused.