These Terms and Conditions are provided by:
Aus Paid Pty Ltd, trading as SydneyCollect
ACN 697 527 843 · ABN 29 697 527 843
("Supplier", "we", "us", "our")
PART A – GENERAL TERMS
1. Application of Terms
1.1 These Terms and Conditions govern the provision of all Services by the Supplier to the Customer.
1.2 By accessing the Supplier's website, submitting information through the Supplier's platform, purchasing any Service, or otherwise engaging the Supplier, the Customer acknowledges and agrees to be bound by these Terms.
1.3 These Terms constitute a binding agreement between the Supplier and the Customer.
1.4 The Supplier may amend these Terms at any time by publication of updated Terms on its website, and continued use of the Services constitutes acceptance of such amended Terms.
2. Definitions
In these Terms:
- Basic Plan means the Supplier's standard electronic letter of demand service.
- Business Day means a day other than a Saturday, Sunday or public holiday in New South Wales.
- Commission means 10% of any Recovery Amount.
- Customer means the person or entity acquiring Services from the Supplier.
- Debt means the debt, amount, liability or obligation alleged by the Customer to be owing by the Debtor.
- Debtor means the person or entity nominated by the Customer as owing the Debt.
- Premium Plan means the Supplier's electronic letter of demand service together with automated follow-up communications for 30 days.
- Recovery Amount means any amount, consideration, value, benefit, compromise payment, instalment payment, set-off, credit, transfer or other benefit received by or for the Customer referable to the Debt.
- Recovery Period means the period commencing on activation of the Premium Plan and ending 30 calendar days thereafter.
- Referral Solicitor means any solicitor or law firm nominated by the Supplier.
- Services means all services supplied by the Supplier including electronic letters of demand, automated communications, referral facilitation, platform access and associated administrative services.
3. Nature of Services / Disclaimers
3.1 The Supplier provides an automated communications platform only.
3.2 The Supplier:
- is not and does not act as a legal practice, law firm or legal representative;
- does not provide legal advice or legal services;
- is not a debt collector acting on trust or as agent for the Customer beyond issuing automated communications which are permitted without a commercial agent licence;
- is not a debt purchaser, assignee or financier;
- is not a payment processor, escrow service, financial intermediary or banking institution.
3.3 The Supplier does not:
- receive debt repayments;
- hold monies on behalf of any party;
- negotiate debts;
- mediate disputes;
- determine whether a debt is legally enforceable.
3.4 The Customer acknowledges that the Services are administrative only and that the Supplier makes no representation as to legal enforceability, recoverability, validity or collectability of any Debt.
4. Customer Warranties
4.1 The Customer warrants and represents on a continuing basis that:
- the Customer is the lawful original creditor of the Debt;
- the Debt has not been assigned, purchased, factored or acquired from a third party;
- the Debt is genuine, lawful, due and payable;
- the Debt is not statute-barred;
- all information submitted is true, accurate and complete;
- the Customer has lawful authority to provide all personal information submitted;
- pursuit of the Debt will not contravene any law.
4.2 The Customer indemnifies the Supplier against any breach of clause 4.1.
5. Fees and Payment
5.1 The Customer must pay:
- Basic Plan: AUD $29.00 per submission;
- Premium Plan: AUD $29.00 plus Commission.
5.2 All fees are payable immediately upon purchase.
5.3 All fees are strictly non-refundable.
5.4 The Supplier may vary pricing at any time for future Services.
6. Commission / Recovery Obligations
6.1 Where the Customer purchases a Premium Plan, Commission becomes due and payable upon the occurrence of any Recovery Amount during the Recovery Period.
6.2 Commission applies regardless of whether recovery occurs:
- directly from the Debtor;
- indirectly through a representative;
- by instalments;
- by negotiated settlement;
- through compromise;
- by transfer of goods/services/value in lieu of cash.
6.3 The Customer must notify the Supplier within 2 Business Days of any Recovery Amount.
6.4 The Supplier may issue an invoice for Commission, payable within 7 days.
6.5 The Customer must maintain accurate records evidencing recoveries and provide same upon request.
6.6 Any attempt by the Customer to structure, defer, disguise or otherwise avoid Commission constitutes a material breach.
7. Customer Responsibility for Information
7.1 The Customer bears sole responsibility for all information submitted.
7.2 The Supplier may rely entirely on submitted information without verification.
7.3 The Supplier bears no liability whatsoever for any loss arising from:
- inaccurate debtor details;
- incorrect debt amounts;
- disputed debts;
- fraudulent submissions;
- invalid contact details;
- incorrect bank details.
8. Bank Account Details
8.1 Where the Customer provides bank account details:
- the Customer warrants such details are accurate and belong to the Customer;
- the Supplier may include such details in communications.
8.2 The Supplier is not liable for payments made by any Debtor to incorrect account details supplied by the Customer.
9. No Guarantee
9.1 The Supplier provides no warranty, guarantee or representation that:
- any Debt will be recovered;
- any Debtor will respond;
- any Debtor will pay;
- any communication will be effective.
10. Debtor Communications / Negotiations
10.1 The Supplier does not negotiate disputes.
10.2 Any Debtor response may be:
- ignored;
- redirected to the Customer; or
- otherwise dealt with at the Supplier's discretion.
10.3 The Supplier owes no duty to facilitate communications.
11. Referral to Solicitors
11.1 Where the Customer elects to pursue legal proceedings or otherwise requests escalation beyond the Services, the Supplier may, at its discretion, refer the Customer to a Referral Solicitor.
11.2 The Customer irrevocably authorises the Supplier to disclose to the Referral Solicitor all information, documents and materials submitted by the Customer in connection with the Debt for the purpose of facilitating the referral.
11.3 Upon referral of the Customer to a Referral Solicitor:
- the Supplier's involvement in relation to the Debt shall be deemed complete;
- the Supplier shall have no further responsibility, involvement or obligations in connection with the Debt, the referral, or any legal proceedings.
11.4 The Supplier:
- does not provide legal advice in relation to any referral;
- makes no representation or warranty as to the suitability, competence, expertise, availability or performance of any Referral Solicitor;
- provides no guarantee that any proceedings commenced by a Referral Solicitor will be successful;
- provides no guarantee as to the prospects of recovery of any Debt through litigation;
- provides no representation, estimate or warranty regarding the legal fees, disbursements, recovery costs or other charges that may be charged by any Referral Solicitor.
11.5 The Customer acknowledges and agrees that:
- any engagement of a Referral Solicitor is entirely separate to these Terms;
- any retainer is strictly between the Customer and the Referral Solicitor.
11.6 To the maximum extent permitted by law, the Supplier excludes all liability arising from or in connection with:
- any advice provided by a Referral Solicitor;
- any acts or omissions of a Referral Solicitor;
- the conduct, outcome or success of any legal proceedings;
- any legal fees, costs, disbursements or adverse costs orders incurred by the Customer.
12. Limitation of Liability
12.1 To the maximum extent permitted by law, the Supplier excludes all liability arising from or in connection with:
- the Services;
- inability to recover debts;
- Debtor complaints or disputes;
- legal proceedings involving the Debt;
- data inaccuracies;
- technical outages;
- email/SMS delivery failures;
- third-party provider failures.
12.2 The Supplier excludes all consequential, indirect and special loss.
12.3 The Supplier's liability for any Liability or Claim in relation to these Terms, the Contract, and any supply of Goods and/or Services will be limited to the amount of the Price paid by the Customer to the Supplier.
12.4 The Supplier will not be liable to the Customer or any other person for any Liability or Claim of any kind whatsoever arising directly or indirectly (whether under statute, contract, tort, negligence or otherwise) in relation to any indirect or consequential loss (including but not limited to any loss of actual or anticipated profits, revenue, savings, production, business, opportunity, access to markets, goodwill, reputation, publicity, or use) or any other remote, abnormal or unforeseeable loss or any similar loss whether or not in the reasonable contemplation of the parties.
13. Indemnity
13.1 The Customer indemnifies and holds harmless the Supplier and its officers, employees, contractors and agents from and against all claims, demands, proceedings, liabilities, damages, losses, costs and expenses arising directly or indirectly from:
- breach of these Terms;
- any Debt being disputed, invalid or unlawful;
- any complaint by a Debtor;
- misleading, deceptive or inaccurate information submitted;
- misuse of the Services;
- regulatory investigations;
- third-party claims.
13.2 This indemnity survives termination.
14. Suspension / Termination
14.1 The Supplier may refuse, suspend or terminate Services immediately where:
- the Customer breaches these Terms;
- the Supplier suspects unlawful or improper conduct;
- the Debt appears disputed, fraudulent, vexatious or improper;
- the Supplier reasonably considers provision of Services may expose it to liability.
14.2 No refund is payable upon suspension or termination.
15. Intellectual Property
15.1 All platform content, templates, communications, branding, software and systems remain the exclusive property of the Supplier.
15.2 The Customer must not reproduce, copy, adapt or exploit same.
16. Confidentiality
16.1 The Customer must keep confidential all proprietary methods, systems and materials of the Supplier.
16.2 All personal information you give us will be dealt with in a confidential manner in accordance with our Privacy Policy. However, due to circumstances outside of our control, we cannot guarantee that all aspects of your use of this Website will be confidential due to the potential ability of third parties to intercept and access such information.
17. Governing Law
17.1 These Terms are governed by the laws of New South Wales.
17.2 The parties submit to the exclusive jurisdiction of NSW courts.
18. Audit Rights
18.1 Where the Customer purchases a Premium Plan, the Supplier may, upon giving reasonable notice, require the Customer to provide records, documents, bank statements, settlement correspondence, receipts, accounting records, communications or other evidence reasonably necessary to verify whether any Recovery Amount has been received.
18.2 The Customer must comply with any request under clause 18.1 within 5 Business Days.
18.3 If the Customer fails to comply with clause 18.2, the Supplier may:
- deem the full Debt amount submitted by the Customer to have been recovered for the purpose of calculating Commission; and/or
- suspend or terminate the Customer's access to the Services.
18.4 The rights under this clause survive termination of these Terms and continue for 12 months following expiry of the applicable Recovery Period.
19. Liquidated Damages for Non-Disclosure / Commission Evasion
19.1 The Customer acknowledges that:
- the Supplier suffers loss where a Customer fails to disclose a Recovery Amount or seeks to avoid Commission;
- the precise loss suffered by the Supplier may be difficult to quantify;
- the liquidated damages set out in this clause represent a genuine pre-estimate of the Supplier's loss.
19.2 If the Customer:
- fails to disclose a Recovery Amount;
- conceals, misrepresents or disguises a Recovery Amount;
- otherwise seeks to avoid payment of Commission,
then without limiting any other rights of the Supplier, the Customer must pay to the Supplier liquidated damages equal to the greater of:
- the Commission payable; or
- AUD $500.00.
19.3 The parties agree the amount in clause 19.2 is reasonable and not a penalty.
20. Anti-Circumvention / Avoidance
20.1 The Customer must not do any act or omission with the purpose or effect of avoiding Commission, including but not limited to:
- delaying settlement of the Debt beyond the Recovery Period where agreement was reached during the Recovery Period;
- accepting part-payment, instalments, offsets, credits or non-cash consideration without disclosure;
- withdrawing and re-submitting the same Debt under another account or plan;
- materially altering the debt particulars to avoid classification as the same Debt;
- procuring payment through a related entity or nominee.
20.2 Any Recovery Amount received within 90 days after expiry of the Recovery Period shall be deemed received during the Recovery Period if:
- negotiations, communications, arrangements or settlement discussions commenced during the Recovery Period; or
- the Supplier reasonably determines the Recovery was materially connected to the Services.
20.3 The Supplier may determine, acting reasonably, whether a Recovery Amount is sufficiently connected to the Services for the purposes of this clause.
21. Online Acceptance / Electronic Execution
21.1 The Customer acknowledges and agrees that:
- ticking any acceptance box;
- clicking "I Agree", "Submit", "Purchase", or any similar button;
- submitting information through the Supplier's platform;
- proceeding with payment for Services,
constitutes electronic acceptance of these Terms and creates a legally binding agreement between the Customer and the Supplier.
21.2 The Customer agrees that electronic acceptance satisfies any requirement for signature, writing or consent under applicable law to the extent permitted by law.
21.3 The Supplier may maintain electronic records of acceptance, submissions, IP addresses, timestamps and payment confirmations as evidence of agreement.
22. Payment Processing Platform (Premium Plan)
22.1 As part of the Premium Plan, the Supplier may facilitate integration with a third-party payment processing platform, including but not limited to Stripe, Inc. or its affiliates ("Payment Processor"), to enable the Customer to receive payments directly from Debtors.
22.2 The Customer acknowledges and agrees that:
- any payment processing account is established in the Customer's own name and for the Customer's sole benefit;
- the Customer is and remains the sole legal and beneficial owner of that payment processing account;
- all funds paid by Debtors are processed and remitted directly by the Payment Processor to the Customer;
- at no time are any monies received by, held by, controlled by, transferred through, or paid into any account operated by the Supplier.
22.3 The Supplier does not:
- receive or hold debt repayments on behalf of the Customer;
- operate any trust account, escrow account, remittance service, banking service or financial product;
- facilitate transfers of monies through accounts in the Supplier's name;
- act as intermediary, stakeholder or payment agent in relation to debt repayments.
22.4 The Supplier's involvement in relation to the Payment Processor is limited to:
- facilitating technical integration of the payment platform into the Premium Plan workflow;
- viewing payment status and transaction data for the sole purpose of verifying recoveries and calculating Commission.
22.5 The Customer authorises the Supplier to access payment status, transaction history and settlement information associated with debts submitted through the Premium Plan for Commission verification purposes.
22.6 The Customer acknowledges that the Supplier's access to payment data is facilitated by the Payment Processor's connected account architecture and may not require separate customer action.
22.7 The Customer acknowledges that the Payment Processor operates independently of the Supplier and may impose separate contractual terms, fees, policies and compliance obligations.
22.8 The Supplier bears no responsibility or liability whatsoever for:
- payment processing errors;
- failed or delayed settlements;
- chargebacks, reversals or disputes;
- account suspensions, freezes or closures;
- fraud or unauthorised transactions;
- outages, downtime or technical failures of the Payment Processor.
22.9 The Customer indemnifies the Supplier against all claims, losses, liabilities and expenses arising from or in connection with the Payment Processor or the Customer's use thereof.
22.10 The Customer must not revoke, restrict or interfere with the Supplier's access to payment visibility during the Recovery Period. If the Customer does so, the Supplier may deem the full Debt amount to have been recovered for Commission purposes.