- This Agreement sets out the terms and conditions under which Solve My Debt Now ABN 24 871 384 859 (SMDN) provides Debt Negotiation Services to the Applicant (You).
- These Terms and Conditions are governed by the laws of New South Wales, Australia. The Applicant irrevocably submits to the jurisdiction of the courts of New South Wales, Australia in matters concerning this Agreement and these Terms and Conditions.
- Debt Negotiation Service(s) means any service or activity provided or conducted by SMDN for or on behalf of the Applicant for a purpose which includes negotiating payment and / or payout of a credit facility and other credit related matters of the Applicant including but not limited to communication, whether written, electronic or oral, with the Applicant, Creditors of the Applicant, Credit Providers, holders of Credit Information files or any Credit Reporting Agency or any other relevant person, body corporate or government body or agency.
- A reference to SMDN includes its employees, servants or agents.
- While SMDN will use its best efforts in the provision of Debt Negotiation Services, SMDN provides no guarantees as to the success of the Debt Negotiation Services.
- For SMDN to provide you or consider providing you with Debt Negotiation Services the Applicant acknowledges and authorises that SMDN may collect and hold relevant personal information about the Applicant. Further, you authorise SMDN to give relevant personal information about you to and obtain it from any Creditors of the Applicant, Credit Providers, holders of Credit Information files or any Credit Reporting Agency or any other relevant person, body corporate or government body or agency for the purpose of providing Debt Negotiation Services to you.
- Furnishing of the Applicant’s historical contact information by SMDN to Creditors of the Applicant, Credit Providers, holders of Credit Information files or any Credit Reporting Agency or any other relevant person, body corporate or government body or agency may expose the Applicant to debts of the Applicant other than debts listed on the Applicant’s Application that you have advised SMDN about. The Applicant will not claim against SMDN for any such debts and hereby releases SMDN of liability in respect of such debts.
- SMDN does not, and will not, provide the Applicant copies of any correspondence, documents, internal notes, file notes or records of conversations in relation to any negotiations on behalf of the Applicant unless required to do so by a court of law.
- After any reasonable request to the Applicant by SMDN, whether oral or in writing, the Applicant will promptly furnish to SMDN, within 7 days of the request and in a form acceptable to SMDN, any document or information deemed reasonably required by SMDN for the provision of Debt Negotiation Services. This information includes the Applicant providing to SMDN the name of the credit providers which SMDN is required to negotiate with as part of the Debt Negotiation Services provided by SMDN. If information is not provided within 7 days, the Applicant will not claim against SMDN for any such debts and hereby releases SMDN of liability in respect of such debts.
- No Debt Negotiation Service will be provided to any Applicant under the age of 18 years.
- SMDN reserves the right to stop the Debt Negotiation Service to the Applicant at any time, during the performance of the Services should the Applicant conduct him or herself in a manner which is contrary to the Agreement and/or become aggressive to any persons employed by SMDN. The Applicant will not claim against SMDN for any such debts and hereby releases SMDN of liability in respect of such debts.
- Debt Negotiation Services are provided by SMDN on the following basis, payable in an agreed payment plan:
SMDN Set up Fee: $1500 per person/entity
SMDN Debt Negotiation Fee: 20% of the proven debt and ongoing outstanding fees amount
SMDN Debt Reduction Fee: 25% of the amount SMDN reduces any current debt by
SMDN Failed Payment Fee (by SMDN discretion only): $25 per failed payment cycle (weekly or fortnightly) under your agreed payment plan
The fees and disbursements which SMDN is entitled to charge for the provision of Debt Negotiation Services are set out in the Schedule of Fees as amended from time to time. These fees may be changed by SMDN prior to the commencement of any debt negotiation.
- The agreed payment plan must be paid by the due date agreed by the parties. If the Applicant has not paid the agreed payment plan on the due date SMDN reserves the right to add $25 to any missed payment. If the Applicant has not paid the agreed payment plan within 8 days of the agreed due date for the payment to be made, SMDN will stop work (put the Applicant’s cases on hold) under the contract without a refund of any fees paid to date. If agreed fees remain unpaid, SMDN reserves the right to take any legal measures available to collect its outstanding fees.
- SMDN may pay a maximum $250 referral fee to a third party for the referral of an Applicant.
- The Applicant acknowledges receipt of a copy of the Schedule of Fees applicable as at the time of signing this agreement.
- It is the responsibility of the Applicant to ensure that SMDN has the Applicant’s current email address and current mobile phone number to ensure the Applicant receives the communications referred to in this Agreement.
- The SMDN Set Up Fee, Debt Negotiation Fee, Debt Reduction Fee that have commenced / been achieved are non-refundable.
- The Debt Reduction Fee will be 25% of the reduction SMDN achieves for each debt.
- If the Applicant has contacted a creditor and/or an ombudsman service either before or during the time that SMDN has been engaged by the Applicant to conduct negotiations on the Applicant’s behalf, and the Applicant cancels the Agreement with SMDN, and there is a positive resolution of the debts (including a debt reduction) that SMDN was engaged in under this Agreement, the total Fees outlined in cl. 12 will be due and payable to SMDN by the Applicant.
- SMDN requires all communication to be in writing (by email). SMDN does not and will not provide verbal updates by phone.
- SMDN reserves the right at its own absolute discretion and without assigning any reason to refuse the provision of Debt Negotiation Services for any Applicant or to cease and desist the provision of Debt Negotiation Services for any Applicant at any time with notice.
- SMDN may seek to verify any information provided by the Applicant through any reasonable lawful means.
- The Applicant agrees to be contacted by SMDN and/or its agents for the purpose of gathering further information and to provide opportunities as required.
- SMDN is authorised by the Applicant to disclose any or all information contained in this Application, or any information subsequently obtained to any third party for the purpose of providing Debt Negotiation Services
- If the Applicant’s cases are put on hold due to non-payment as outlined in clause 13 of this Agreement, the Applicants case/s will be taken off hold (resume) after 2 full, consecutive, successful payments have been made to SMDN on time. If the Applicant’s cases do not resume due to sporadic payments to SMDN, no refunds under this Agreement will be paid to the Applicant and SMDN reserves the right to collect any outstanding fees due to SMDN under this Agreement. If sporadic payments are made to SMDN and/or there are one or more holds on an Applicants cases per clause 13 of this Agreement, the Applicant will not claim against SMDN for any such debts and hereby releases SMDN of liability in respect of such debts.
- The Applicant shall fully and completely indemnify SMDN in all respect of all claims by any person or party whatsoever for damage caused by or in connection with or arising out of the provision of Debt Negotiation Service and in respect of all costs and charges in connection therewith arising under statute or common law.
- In the event that SMDN fails to receive payment for fees payable by the Applicant in accordance with this Agreement, the Applicant will be liable to pay to SMDN all reasonable expenses (including reasonable legal costs and expenses and the fees of SMDN’s debt recovery agents) incurred by SMDN in relation to recovering payments due under this Agreement.
- By signing this Agreement, I declare I have read and agreed to the Terms and Conditions contained therein, declare that I am 18 years of age or over and declare that the information contained in the Application Form are true and correct.