Terms and Conditions
- ECS agrees to collect debts on behalf of the Client in accordance with the Client’s Membership Package.
- In consideration for ECS providing the Services, the Client agrees that all fees, charges and commission contained in ECS’ invoice will be paid by the Client within fourteen (14) days from the date of ECS’ invoice.
- ECS reserves the right to charge the Client a one-off administration fee calculated at 10% of any amounts which fall outside the payment terms set out in clause 2.
- ECS’ commission rates as set out in the Client’s Membership Package are fixed for a period of twelve (12) months and may be varied by ECS thereafter by written notice from ECS to the Client.
- The Client agrees to pay ECS’ Commission to ECS if:
- All or part of the Client’s debt is paid to ECS;
- All or part of the Client’s debt is paid to the Client, or any of its related entities or authorised third parties;
- The Client’s debt is settled by mutual agreement, instalment arrangement, return of goods (where applicable), reinstatement of services (where applicable), contra, or other settlement arrangement – either arranged/organised by ECS, or by the Client directly at any stage after ECS’s initial demand is issued, or contact/involvement with the Client’s debtor;
- ECS assists in locating a payment that clears the Client’s debt, reduces the Client’s debt, or was previously unallocated by the Client;
- Instructions to ECS are withdrawn by the Client whilst further recovery options are available and/or the account is not subject to a write off, or write off recommendation by ECS; or
- A file is held, or no instructions are provided by the Client to ECS for a period equal to, or more than sixty (60) days.
- If applicable, Membership Fees will be charged upon return of a signed copy of this agreement by the Client. Membership Fees will be charged annually thereafter on the anniversary date of the agreement, unless a minimum of thirty (30) days’ written notice is provided by the Client to ECS prior to the next applicable anniversary date of the agreement.
- If the Client wishes to upgrade its membership package, a pro rata Membership Fee will be calculated and presented by ECS to the Client for the Client’s approval and payment.
Termination of Services by ECS
- ECS reserves the right to cease providing the Services to the Client. The Client agrees that ECS holds a lien over any files or monies held by ECS until all fees, charges and commissions owing to ECS, its agents and/or solicitors, are paid in full.
Other Fees, Charges and Disbursements
- Other fees, charges and disbursements are subject to change at any time if any of the following occurs: CPI increases, postal rate increases, court filing fee increases, and any other Government or statutory increases. ECS will endeavour to notify the Client in writing of any increases and, in addition, changes will be published on our web site, elitecollections.com.au
Payments and Monies Received by ECS
- ECS will forward to the Client any monies received by the Client’s debtors into the ECS Trust account. However, prior to doing so, ECS may offset any such payments against any current or overdue fees, commissions or charges owing to ECS, its agents and/or solicitors, by the Client.
Legal Proceedings and Scale Costs
- The Client agrees to pay ECS, its agents and/or solicitors, all fees and charges as set out in the Scale Legal Costs and Charges or such fees and charges as quoted by ECS to the Client on a case by case basis (i.e. legal hourly rates).
- All undefended legal proceedings are charged in accordance with the Scale Legal Costs and Charges applicable at the time the legal documents are issued. Pending statutory increases by Government bodies, components of the Scale Legal Costs and Charges may be subject to change.
Governing Law and Jurisdiction
- These terms are governed by the laws of the State of NSW and the parties submit to the exclusive jurisdiction of its Courts.
Amendments to these Terms and Conditions
- These terms may be changed by ECS. Any changes made to these terms will be in writing, and emailed to the Client.