Privacy Statement

The Agent adheres to the Privacy Act 1988 (as amended) and the new privacy principles and the Competition and Consumer Act. Any information collected will be used only for the purpose for which it is collected, unless otherwise authorised by the client. You can find out more about how we handle personal information on our website: www.optimumrecoveries.com.au/privacy-policy

 

TERMS AND CONDITIONS

 

 

The Client hereby authorises the Agent to provide the following services:

• To act on its behalf and take the necessary collection action in the pursuit of its debtor accounts by letter, telephone call and where necessary, field call, skip tracing or legal action. The Agent will not proceed with field calls, outsourced skip tracing or legal action without prior authorisation from the Client, either written or oral.
• The client acknowledges that the Agent’s terms of trade are strictly payment within 14 days of the invoice date.
• The client agrees to pay GST on all invoiced fees and charges, where GST is applicable.

The Parties covenant and agree:

• to maintain the confidentiality of the terms of this Agreement and to ensure that, without the prior written consent of each other party (which each other party may withhold in its absolute discretion), the terms of this Agreement and other matters referred to above are not disclosed to any other party other than as required or permitted for the purposes of this Agreement or by mandatory compulsion of law;
• to use their best endeavours to cause all their servants, agents, officers and  any other person acting on their behalf to maintain the confidentiality of the terms of this Agreement, all information in relation to the Agreement and surrounding facts and to ensure that, without the prior written consent of each other party (which each other party may withhold in its absolute discretion), the terms of this Agreement and other matters referred to above are not disclosed to any other party other than as required or permitted for the purposes of this Agreement or by mandatory compulsion of law
• to take all such steps and do all such things as may be necessary, prudent or desirable in order to safeguard the confidentiality as set out above;
• not to use or allow the use of, for any purpose (other than as permitted or required for the purposes of this Agreement or by mandatory compulsion of law), any portion of the information referred to above; and
• not to disclose or allow disclosure to any person (other than as permitted or for the purposes of this Agreement or by mandatory compulsion of law), any portion of the information referred to above.
• The Client declares that the debt amount submitted to the Agent for recovery, does not include any amount for debt recovery costs. If the Client seeks debt recovery costs, they must provide evidence to the Agent that such costs are recoverable (i.e. Credit Agreement and Invoice). The Client indemnifies the Agent against any and all claims, liability, actions and costs, which may result from the Client’s actions or inactions, at any time.
• The Parties agree that funds collected on your behalf by the Agent may be deposited into the Agent’s trust account.
• The Client charges in favour of the Agent all of the Client’s estate and interest in any land, freehold or leasehold, in which the Client now has or which it may later acquire, with payment of all monies owing by the Client to the Agent from time to time, and consents to the Agent lodging a caveat or PPSR security, which notes the Agent’s interest.
• The Agent may amend its charge rates under this Agreement by giving not less than 45 days notice in writing to the Client. If this occurs, the Client is taken to have accepted the increased rates unless it gives contrary notice in writing within 15 days after the issuing of the notice.

 

 

Services provided:

Cash Flow Collection Services:

• 1st Party collections where calls are made in your company name – AUD 75.00 per hour (or part thereof) + GST.
• You agree that we provide these services based on your instructions, and at times as agreed by the parties.
• Optimum may assign a phone number for the exclusive use of contact with your customers to ensure that all calls are answered in your company name. While individual call costs are covered in our hourly rate, a monthly disbursement fee of AUD 20.00 applies to hold a unique phone number.

 

We will issue a tax invoice on an agreed basis, usually weekly, and payment terms are strictly 14 days from the invoice date.             

 

For Cash Flow Collection Services only, you authorise us to access your accounting software to allow us to conduct the Cash Flow Collection Service as and when required. Any subscription fees related to that access are your responsibility. You further warrant and agree that your accounts are true and correct, and that Optimum will be indemnified against any loss or damage caused to it as a result of relying on your accounts when providing the services.

 

You agree to provide us with your instructions to proceed with the Cash Flow calls as follows:

1. Optimum will access your ATB, prepare and deliver your Cash Flow Activity Report by 12pm the business day prior to your scheduled calls.
2. You must review this report and provide your instructions in writing before 30am the day of your scheduled collection calls. It is vital that we have your instructions to ensure we are working with the most up-to-date information and for the protection of your business reputation.
3. Optimum’s experienced credit professionals will commence works at 00am sharp on the agreed call day.
4. If we don’t receive your instructions, in line with Step 2 and have not received a request to postpone services within 24 hours of the scheduled call day, a cancellation fee equivalent to 1hr of cash flow collection services will apply.   

 

As part of the Cash Flow Collection Service we are further authorised to:

• gather details of and in some cases resolve issues or complaints around goods or services;
• enter into and manage payment arrangements, including taking and processing credit card payments;
• amend contact details of your customer if they are incorrect within your system (e.g. incorrect email address);
• contact the customer by phone, email or SMS to discuss payment of a past due account on your behalf; and
• release copies of invoices and statements as required during the collections process.

 

At the completion of actions or agreed cash flow hours we will

provide you with a report including the following key pieces of data:

 

1. Cash flow forecast as a result of the calls;
2. Flag any disputes or matters where you need to take an action to resolve a debt, dispute or accounting matter; and
3. Recommendations for escalations in the collection process

Debt Recovery Services:

• Our commission is charged at the rate of 20% + GST on any one payment. The Agent is entitled to invoice the Client for commission plus GST on any debtor payment that may be received by the Client or the Agent. Commission charged is payable by the Client regardless of whether costs have been added to the debtor for recovery.
• The Client agrees to notify the Agent within 2 business days of a payment received directly by the Client from the debtor. If the Client fails to do this, and the debtor provides the Agent with evidence of a payment made directly to the Client, the Agent will charge commission for the payment, and the Client is obligated to pay such commission.  
• Further, if the Agent through its recovery action, discovers evidence of a payment made by a debtor to the Client prior to the account being referred to the Agent, the Agent reserves the right to charge the Client commission for such payment.  
• Credits and contra considerations are treated as payments for the purpose of commission calculations. Commission is charged on collections as and when monies are received either directly to the Agent, by you or your representative and is payable within fourteen (14) days from date of invoice.
• The Client agrees not to negotiate or make arrangements with a debtor without the Agent being notified. In such cases, the debtor should be advised to contact the Agent directly.
• If the file is withdrawn by you during the Debt Recovery Service process, we are able to charge a withdrawal fee which is calculated at the commission rate payable.

Legal Services:

• You instruct us as your authorised Agent and irrevocably authorise/direct us to appoint/engage a Legal Practice (Solicitors) (which we warrant will be a Legal Practice within the relevant jurisdiction in which legal services will be provided) to provide legal services on your behalf (and for us to provide instructions to the appointed Solicitors throughout the duration of your matter(s)).
• As Agent, we acknowledge that you as the Client may at any time provide us with instructions to:

1. engage or cease to engage Solicitors in relation to the provision of legal services;
2. require the relevant Solicitors to prepare a brief for the benefit of you in relation to a matter and to provide all reasonable assistance to you or any other Legal Practice nominated by you for the duration of your matter,

and we agree as Agent to immediately comply with such instructions from you.

• Our appointed Solicitors charge the prescribed scale costs where such applies, otherwise they charge at the rate of

AUD 250.00 +GST per hour in 6-minute units. Legal fees and other Government fees and charges are charged to you at cost.

• The expenses, including travelling expenses, the Agent or its process serving agent is authorised to incur in connection with the performance of each service or category of service are detailed in the attached scale of costs.

 

• We will issue a tax invoice for the Legal Services undertaken from time to time at our discretion.
• These terms and conditions shall be governed by the laws of Queensland, the State in which we have our principal place of business, and the parties agree to submit to the jurisdiction of the Courts in that State.

Limitation of Our Liability:

• You agree that our liability for any loss or damage suffered by you arising out of any of the services we provide, will be limited to the amount we are entitled to be indemnified under our professional indemnity insurance.
• The term ‘liability’ includes liabilities arising in tort, contract by virtue of a statute or otherwise.
• The term ‘loss or damage’ includes loss or damage incurred directly, indirectly or consequentially.
• You agree to release us from claims arising under the provision of services in the event that our liability exceeds the limit of our professional indemnity insurance.

Payments:

• The Client authorises the Agent to invoice at its discretion and to deduct all fees payable under this Agreement plus GST.
• All invoices must be paid within 14 days of the date of the invoice. The Agent may at its discretion elect to apply the following should you default in payment of our tax invoices within the agreed terms:

1. Apply an interest charge against your account at the rate of 2.5% of the outstanding monies per month or part thereof;
2. Charge an administration fee each month, or portion thereof, that an amount owing by you is overdue;
3. Recover against you all monies that are owed to us including incidental costs (collection costs, legal fees on a solicitor and own client basis) that are incurred in relation to your default; and
4. List the default in payment with a credit reporting agency.

• The Agent is entitled to a lien over any documents, papers or files until all accounts have been paid in full.
• This appointment is made pursuant to the provisions of the Debt Collectors (Field Agents and Collections Agents) Act 2014 QLD and is a continuing appointment as provided for in the Act. The appointment ends ${appointmentExpiry} but may be revoked prior to that date upon one party giving at least 30 days written notice to the other and/or we may also terminate immediately for any lawful cause, including if the Client breaches this Agreement, asks us to act unlawfully or unethically, fails to provide adequate or timely instructions, or indicates it has lost confidence in us.
• The Client acknowledges and understands the terms of this agreement and has been given the opportunity to obtain independent professional advice before signing this Agreement.
• These terms and conditions supersede all terms and conditions previously issued by the Agent and the Agent may amend the terms and conditions from time to time of which notice will be provided to you.