Privacy

1.1.

You appoint Ezi Debt Collections Pty Ltd 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, conduct telephone demands, make written demand upon your debtors by way of SMS, Letter and Email. You also authorise us to accept funds from your debtors (recovery sum) on your behalf and transfer these to your chosen account.

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, with only the agreed fees being retained by Ezi Debt Collections Pty Ltd.

2.1.

Only upload debts to the system which are overdue and the debtors of which you have attempted to contact on at least one occasion;

2.2.

You must notify EDC if a debt has been paid directly to you once you have signed up to use the Ezidebt Collection system. 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 process and we are owed the fee for collection;

2.3.

Manage your account and those debts that are within the system; and

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)

2.7.

Provide Ezi Debt Collections Pty Ltd with debts furnished with an attached email address and current, connected mobile phone contact number. Failure to meet this requirement may result in the cancellation of debt collection procedure and incur a $20 administration fee.

2.8.

Provide Ezi Debt Collections Pty Ltd 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 Ezi Debt Collections Pty Ltd 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 Ezi Debt Collections Pty Ltd for collection is legally valid to be collected upon. Any such subscription which has written correspondence from the subscriber seeking to cancel the subscription is not legally valid to be collected upon.

3.1.

You agree that Ezi Debt Collections Pty Ltd may take a debt collection fee of 15% of any debt collected, calculated on the payment received from the Debtor. Foundation users are entitled to a fee of 10% of any debt collected.

3.2.

You agree that Ezi Debt Collections Pty Ltd may take an additional fee, anywhere up to 2.5% as a transactional fee.

3.3.

You agree to furnish Ezi Debt Collections Pty Ltd with a viable, Australian bank account into which we can pay any and all monies collected on your behalf, withstanding the fees previously mentioned.

3.4.

You agree to allow Ezi Debt Collections Pty Ltd 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 means other than the EDC system, EDC will draft an invoice for the debt collection fee and this will be due and payable within 14 days.

3.6.

Ezi Debt Collections Pty Ltd 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. Ezi Debt Collections Pty Ltd will take no additional fees except those here described.

4.1.

We:

(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 will cease to apply if the information ceases to be confidential (other than by our breach of this agreement).

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) Ay negligence or wilful misconduct by you; and

(c) Any third party claim, except third party claims arising out of or relating to our negligence, or our breach of this agreement.

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.

9.1.

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.

10.1.

You agree to immediately alter 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 for 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.

13.1.

This agreement is governed by the law in force in NSW, Australia.

14.1.

Any Personal Information about a natural person that is contained in this Service Agreement and Authority to Act (“Agreement”) is treated as confidential and will be handled in accordance with the Privacy Act, Australian Privacy Principles and the Privacy Policy of National Collection Services Pty Ltd. You can ask us for a copy of this Privacy Policy or it is available at our web site, www.ezidebtcollection.com.au.

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.

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.

15.1

By using Ezi Debt Collection you agree to only submit debts for collection where:

(a) The Debt can be proved

(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

(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.