Terms and conditions
1. Scope of Work
1.1 We will evaluate your credit file to identify inaccurate, erroneous, false or obsolete information or any other information we are able to correct. Where inaccurate, erroneous, false or obsolete information, or any other information we are able to correct, is found on your credit file, we engage with credit providers and credit reporting bodies on your behalf to correct, where possible, any listings, notations and other such entries on your credit file. We do this for your personal and credit information held in both Australia and New Zealand.
2. Successful outcome of your matter
2.1 We will only be entitled to receive payment of fees from you in the event that we obtain a successful outcome. The successful outcome of the matter, as agreed with you, may include, but is not limited to, any one or more of the following:
a) The removal of a credit default listing;
b) The correction of the status of a credit default listing;
c) The removal of a credit enquiry;
d) The separation of credit reports by different individuals
3.1 You agree to pay the following fees as outlined in the below fee schedule:
Fee Amount Description
Completion Fee – $890
Amount payable upon the successful outcome of your matter
pursuant to clause 2.1.
Cancelation Fee – $180
Amount payable if:
A. you cancel the service within twelve months of the date of
B. your credit report is corrected by a party other than us within
twelve months of the date of signature;
C. the information you have given to us to correct your credit file is
untrue or incorrect; or
D. you do not provide us with additional information we require to
correct your credit file within a reasonable timeframe.
3.2 There are no additional fees for entering into this Agreement so long as you make all payments as detailed in the fee schedule. In the event you dishonour one or more of your scheduled payments, additional fees may be charged by us for each dishonour, and by your financial institution.
3.3 Payment of relevant fees in clause 3.1 will be due and payable within 5 days upon the successful outcome of your matter.
4. Your payment obligations
4.1 You agree to ensure sufficient funds will be available in your nominated payment account or card at the time of the payment.
4.2 You agree not to cancel, suspend, terminate or cause the payment(s) not to be made.
5. Failure to pay
5.1 You understand that if you do not pay your fees as detailed in the fee schedule in clause 3.1 you may be in default and your unpaid payments may be grounds for selling or assigning your unpaid payment amount to a third party for collection at which time additional fees and charges may be added.
5.2 In the event of any non-payment you may be registered as a defaulter and a listing placed on your Veda advantage credit reporting agency credit file, your Dun & Bradstreet credit reporting agency credit file, your Tasmanian collection service credit reporting agency credit file and your Experian credit reporting agency credit file and any other relevant credit reporting body.
5.3 You will be given the opportunity to remedy any breach of this Agreement and the appropriate notices as legislated prior to the recording of any listing or default with any of the aforementioned credit reporting agencies.
6. Termination of work
6.1 We may cease to act for you at any stage if, in our sole and absolute discretion, we deem it appropriate to do so, including but not limited to:
a) if we deem that your credit file is unable to be corrected;
b) if the information you have given to us to correct your credit file is untrue or incorrect;
c) if you do not provide us with additional information we require to correct your credit file within a reasonable timeframe; or
d) for any other just cause.
6.2 If we cease to act for you, we will give you reasonable written notice of the termination of our services.
6.3 You may terminate our services by written notice at any time. However, if you do so within twelve months from the date of signature in this Agreement, you will be required to pay the cancellation fee detailed in the fee schedule in clause 3.1, even if we have not yet successfully corrected your credit file.
6.4 Our service will automatically expire twelve months from the date of signature in this Agreement, unless we have achieved a successful outcome or our service has been terminated earlier.
7. Retention of documents
7.1 We are entitled to retain all documents and records relating to our professional services, irrespective of the outcome of your matter or if your service is terminated and whether or not the documents are received from you or a third party or developed by us.
8. Sending material electronically
8.1 We are able to send and receive documents electronically. However, as such transmission is not secure it may be copied, recorded, read or interfered with by third parties while in transit. If you ask us to transmit any document electronically, you agree to release us and to hold us forever harmless from any claim, action, cost, expense, loss, damage or liability howsoever arising you may have as a result of any unauthorised copying, recording, reading or interference with that document, for any delay or non-delivery of any document and for any damage caused to your system or any files.
9.1 We collect personal information from you in the course of our services. Your personal information will only be used for the purposes for which it is collected and in accordance with the Privacy Act 1988 (Cth).
10. Governing Law
10.1 The laws of New South Wales govern this Agreement.
10.2 If any term or part of a term of this Agreement is or becomes legally ineffective, invalid or unenforceable in any jurisdiction it will be severed and the effectiveness, validity or enforceability of the remainder will not be affected.
11. Limitation of liability
11.1 Notwithstanding any other provision of this Agreement, our total aggregate liability to you arising out of, or in any way in connection with, the Agreement or the services, whether based on contract, tort (including negligence), indemnity, under statute (to the extent permitted by law) or otherwise at law or in equity, is limited to ten ($10) dollars.
11.2 Notwithstanding any other provision of this Agreement, we shall not be liable to you, whether based on contract, tort (including negligence), indemnity, at law or in equity, under any warranty, under statute (to the extent permitted by law) or otherwise arising out of, or in any way in connection with, the Agreement or the services for loss of use, data, proft, revenue, income, business, contract or anticipated saving, damage to goodwill, reputation or share price, loss of customer or customer losses, loss by reason of full or partial shutdown or non-operation, or for any delay, financing costs or any indirect or consequential loss or damage (as that concept is known in the second limb of Hadley v Baxendale) or any other special loss or damage.
11.3 You shall indemnify us, our employees, agents and directors and hold us and them forever harmless against any claim, action, cost, expense, loss, damage or liability arising out of, or in any way in connection with, the Agreement or the Services, whether based on contract, tort (including negligence), indemnity, at law or in equity, under any warranty, under statute (to the extent permitted by law) or otherwise arising out of, or in any way in connection with the Agreement or the services to the extent such claim, action, cost, expense, loss, damage or liability exceeds the amounts contained in clauses 11.1 or 11.2.
11.4 We do not endorse and are not responsible for any goods or services provided by any third party to whom we disclose your personal information and you release us and agree to indemnify us, our employees, agents and directors and hold us and them forever harmless from any claim, action, cost, expense, loss, damage or liability arising in relation to that disclosure or any service provided to you by any third party.
12. Acceptance of offer
12.1 If you accept this offer, you must provide your electronic signature at the bottom of this page. We will not do any work on this matter until this is done. If you do so, you have entered into an Agreement with us. This means that you will be bound by the terms in this Agreement, including being charged in accordance with it.
12.2 You confirm that you are entering into this Agreement by your own free will and are not being forced, coerced or pressured in any way to do so by any person or entity, and that you are legally entitled to do so.
12.3 In accepting our offer, you understand that you have sought independent legal advice regarding your matter, or chosen not to do so.
12.4 You accept that if you are using our services for the purpose of obtaining a credit product, the successful outcome of our service will not guarantee that you will be successful in obtaining the credit product.