Terms & Conditions
1. Our Obligation as your Agent or Services
1.1. You appoint Ezi Debt Collections Pty Ltd (herein referred to as “EDC”) as your agent to recover debts that you refer to us for recovery from time to time (Debts). Specifically, you authorise us, and we agree, to provide Debt Recovery Services in accordance with this agreement. We will, as part of our services, make written demand upon your debtors by way of SMS, Letter and Email, and in certain circumstances conduct telephone demands. You also authorise us to accept funds from your debtors (recovery sum) on your behalf and transfer these to your chosen account after the required holding period.
1.2. If we think it is unethical or uneconomical to pursue a debt, we may at any time by notifying you in writing or otherwise:
(a) Recommend that you cease recovery of the debt; and/or
(b) Suspend or stop performing Debt Recovery Services in relation to that debt (suspension).
1.3. We will confirm that any agreed amount which is received on your behalf will be transferred directly to you after being held in our trust account for a required holding period to prevent fraud or misuse of our system, with only the agreed fees being retained by EDC.
1.4. The required holding period will be a period of at least 30 days, where the money received on your behalf is held in our Trust Account in compliance with AML and fraud prevention measures. After this 30 day period we will automatically transfer the debt payment to you (minus any merchant fees, a $5 admin fee and our collection fee).
2. Your Obligations
You must and/or agree to:
2.1. Only upload debts to the system which are valid, overdue, for services that have been completed or a product that has been delivered and you have attempted to contact the debtor on at least one occasion after the invoice was due;
2.2. You must notify EDC if a debt has been paid directly to you once you have signed up to use the EDC service. You acknowledge that any debt paid once we have begun our debt collection process, either through our system, or through other means, is the result of our debt collection service and we are due the fee for collection;
2.3. Manage your online account and ensure that you include, and update, any required information of the debtor in order for us to provide our services effectively. If Ezi Debt Collection request additional information from you e.g a copy of an invoice, and after 21 days we do not receive a response or the information requested, the debt will be cancelled in our system.
2.4. Acknowledge that Ezi Debt Collections Pty Ltd is a service which supports debt collection activities and only collects upon those debts you yourself have approved within the system; and
2.5. Maintain accurate records in relation to all debts and the amounts repaid in relation to those debts.
2.6. Only upload debts which are extant debts and for which you have written evidence of existence (i.e invoices and/or proof of product or service delivery)
2.7. Provide EDC with debts furnished with a valid email address and a current, connected mobile phone contact number. A valid street address may also be included, but is not an absolute requirement. Failure to meet these requirements may result in the cancellation of debt collection procedure and incur a $20 administration fee.
2.8. Provide EDC with debts which have been outstanding for no longer than a period of 2 years prior to the beginning of the debt recovery process.
2.9. Provide EDC with debts that are not owed by a company listed under receivership status by ASIC.
2.10. Creditors in the fitness industry must ensure that any subscription fee-related debt provided to EDC for collection is legally valid to be collected upon. Any such subscription whereby the Creditor has written correspondence from the subscriber seeking to cancel the subscription is not legally valid to be collected upon.
2.11. During the period of time that the debt is managed by Ezi Debt Collections Pty Ltd you will not make direct contact with the debtor and/or enter into any correspondence related to the outstanding debt. The debtor is to be referred to Ezi Debt Collection for all debt matters, where we will act as a go between for both parties.
The following section relates to fees/payments and monies in relation to Ezi Debt Collections Pty Ltd collections activities.
3.1. You agree that Ezi Debt Collections Pty Ltd may take a debt collection fee of 15% of any debt amount collected (Excluding GST), calculated on the payment made by the Debtor. Foundation users are entitled to the introductory fee of 10% of any debt collected.
3.2. You agree that EDC may charge a $5 fee per transaction as an Administrative Fee (Ex GST). Merchant fees apply where the Debtor pays the debt with a credit/debit card.
3.3. You agree to furnish EDC with a valid, Australian bank account into which we can pay any and all monies collected on your behalf, minus collection fees previously mentioned.
3.4. You agree to allow EDC to arrange payment terms on your behalf, the minimum of which is $50 per week in repayment of the debt (as paid by the debtor).
3.5. With regard to 2.2 above, if a debt has been paid directly to you through the EDC system or by means other than the EDC system, EDC will draft an invoice for the debt collection fee and this will be due and payable on the terms provided in the invoice. If payment is not received within our agreed payment terms you accept that arrears may be taken from a payment due to you in our Trust account.
3.6. EDC agrees to charge no up front fee for the uploading of debts to the system, nor the beginnings of collection activities, nor any debt which does not eventuate in payment by a debtor. EDC will take no additional fees except those herein described.
3.7. You agree that we shall be entitled to utilise and transfer any funds held in our Trust Account, or any other account, on your behalf to another account in satisfaction of any legal requirement or Indemnity granted in section 6(b) below, without reference to you and you agree to release us in relation to any liability in respect of any such funds so applied or used.
(a) May use Confidential Information solely to assist us in performing our obligations under this agreement;
(b) Except as permitted under clause 4.1(c), must maintain the confidentiality of the Confidential Information; and
(c) May disclose Confidential Information as required by law.
4.2. Clause 4.1 above will cease to apply if the information ceases to be confidential through means other than by breach of this agreement.
4.3. If any information you provide to us is confidential please notify us prior providing that information so we will note that Clause 4.1 above will be applicable.
4.4. By using our platform to collect, pay or dispute a debt you agree that all communications sent and received by Ezi Debt Collection whether by email, letter, text in person or on the phone will be saved on file, and unless considered as confidential in 4.1 above, may be made available for any tribunal or legal proceedings relating to the debt.
5. Limitation of Liability
5.1. To the extent permitted by law, we limit our liability to you:
(a) In respect of each debt, subject to clause 5(b), to the fees paid or payable by you in relation to that debt; and
(b) For a breach of any condition or warranty implied by law, to the supplying again, or paying the cost of supplying again, the Debt Recovery Services in respect of which the breach occurred.
6.1. You indemnify us and our employees against all losses, damages, expenses and costs (on a full indemnity basis) that we or our employees may sustain or incur as a result, whether directly or indirectly, of:
(a) Any breach by you of this agreement;
(b) any negligence or fraud or wilful misconduct by you, or that of your employees, contractors or agents; and
(c) any third party claim, except third party claims arising out of or relating to our negligence or our breach of this agreement.
(a) To prevent against fraud or misuse of our service, we apply a Holding Period for funds we receive from your debtors to our trust account, prior to transferring those funds to your nominated bank account (minus EDC’s collection fee’s).
(b) In the event there is a chargeback, or fraud, or misuse of our service, the money in the trust account will be reimbursed to the cardholder, or the source from where the payment originated.
7.1. We may keep all documents and files in relation to debts in our possession or control until all fees and additional amounts payable by you under this agreement have been paid or as they may relate to future legally required actions (copies of invoices for instance).
8.1. Either of us may terminate this agreement immediately.
8.2. On termination, we are discharged from any further obligations under this agreement other than those specified in clause 8.3.
8.3. After termination but subject to clause 7:
(a) We will:
(i) Cease any and all operations with regard to the debts you may have uploaded to the system.
(ii) Suspend your account for the duration of the termination.
(iii) In the case of termination by breach by yourself we will suspend your account indefinitely and immediately, ceasing all collections activities including, but not limited to: sending correspondence, accepting payments, calls and allowing the ability to upload debts.
9. Entire Agreement
9.1. This agreement constitutes the entire agreement between us in relation to its subject matter. No understanding, arrangement or provision not expressly set out in this agreement will bind either of us. Accordingly all correspondence, negotiations and other communications between us in relation to the subject matter of this agreement which precede this agreement as superseded by and merged in it.
10. Changes of Name or Trading Style
10.1. You agree to immediately update your details within system if you change your name, trading style or proprietorship from that which is specified in the system.
11.1. The failure by either of us at any time to enforce any of our powers, remedies or rights under this agreement will not constitute a waiver of those powers, remedies or rights or affect our rights to enforce those powers, remedies or rights at any time.
11.2. Any single or partial exercise of any power, remedy or right does not preclude any other from further exercise of it or the exercise of any other power, remedy or right under this agreement.
12.1. If any provision of this agreement is prohibited, invalid or unenforceable in any jurisdiction, that provision will, as to that jurisdiction, be ineffective to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.
13. Governing Law
13.1. This agreement is governed by the law in force in NSW, Australia.
14.2. We will use your personal information:
(a) To keep you informed about the progress of matters you have engaged us to handle on your behalf; and
(b) To pay you the recovery sum; and
(c) To inform you of new products and services that become available.
(d) Advise Debtors as to on whose behalf we are acting and in relation to what debt.
(e) To provide the service for which you have engaged us to perform.
14.3. In keeping you informed of the progress of matters you have engaged us to handle, we might pass personal information about the debtor/s (or natural persons connected with the debtor/s) and this personal information might include sensitive information. Any information that we provide to you about the debtor/s (or natural persons connected with the debtor/s) must be used and handled by you strictly in accordance with the Privacy Act and the Australian Privacy Principles.
15. ADMINISTRATIVE FEE ON RESULT OF FRAUDULENT OR OTHER ACTIVITIES
15.1 By using Ezi Debt Collection you agree to only submit debts for collection where:
(a) The Debt can be proved or is valid.
(b) The Debt is not currently under arbitration nor in the process of legal proceedings.
(c) The Debt has not already been paid.
(d) The Debt has not been discharged by way of insolvency.
(e) You have made reasonable attempts to contact the Debtor prior to submitting the debt. If you have been made aware of a dispute or grievance related to the amount outstanding you have made attempts to resolve this with the debtor.
(f) The Debt has not been discharged by way of arbitration or court decision.
(g) The Debtor is currently located in Australia or New Zealand.
(h) The Debt is in AUD currency.
15.2 If there is found to be any breach of any of the conditions under 15.1 a TWENTY DOLLAR ($20 Ex GST AUD) administrative fee may be charged to you.
15.3 By using Ezi Debt Collection, you agree to provide us with contact information for yourself as the creditor. Contact information will be deemed invalid if correspondence sent by Ezi Debt Collection does not receive a response (where appropriate) within two weeks of being sent. In cases of invalid contact information being provided, Ezi Debt Collection reserves the right to cease collection of debts provided by Ezi Debt Collection customers. In such instances, a TWENTY DOLLAR ($20 Ex GST AUD) administrative fee may be charged to you.