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Terms & Conditions

1. This Agreement sets out the terms and conditions under which Solve My Debt Now ABN 24 871 384 859(SMDN)
provides Debt Negotiation Services and Credit File Repair Services(if applicable) to the Applicant.

  1. 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.
  2. 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, making payments on
    behalf of the Applicant 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.
  3. “Credit File Repair Service(s)” means any service or activity provided or conducted by SMDN for or on behalf of the
    Applicant for a purpose which includes the attempted correction, the correction, resolution or improvement of any
    pending or existing negative or incorrect credit record or credit related matter 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.
  4. A reference to SMDN includes its employees, servants or agents.
  5. While SMDN will use its best efforts in the provision of Debt Negotiation Services and Credit File Repair Services no
    such service is guaranteed to correct any pending, existing or future incorrect credit record or credit related matter of
    the Applicant.
  6. For SMDN to provide you or consider providing you with Debt Negotiation Services and Credit File Repair 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 and Credit Repair Services to you.
  7. 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 Credit Record or debts 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.
  8. 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.
  9. 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 and Credit Repair Services(if applicable).
    This information includes the Applicant providing to SMDN the name of the credit providers and credit reporting
    agency which SMDN is required to negotiate with as part of the Debt Negotiation Services and Credit Repair Services
    provided by SMDN.
  10. No Debt Negotiation Service or Credit File Repair Service will be provided to any Applicant under the age of 18 years.
  11. Debt Negotiation Services and Credit File Repair Services are provided by SMDN on the following basis payable in an
    agreed payment plan:
    SMDN Set up Fee: $1500 per person/entity
    Credit Repair (if applicable): $1500 per issue on your credit file
    SMDN Ongoing Administration Fee: 20% of the debt and ongoing outstanding fees amount
    Debt Negotiation: 25% of the amount SMDN reduces the current debt by
  12. SMDN reserves the right to stop the Debt Negotiation Service and Credit File Repair Service(if applicable) to the
    Applicant at any time, during the performance of the Services listed in cl. 12 above 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 without a refund of any fees paid.
  13. The fees and disbursements which SMDN is entitled to charge for the provision of Debt Negotiation Services and
    Credit File Repair 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 or credit repair service.
  14. The agreed payment plan under cl. 12 and in the schedule of fees 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 14 days of the agreed due date for
    the payment to be made, SMDN reserves the right to cancel the contract without a refund of any fees paid.If agreed
    fees remain unpaid SMDN reserves the right to charge $100 for every demand letter or contact to collect the fees and
    also reserves the right to place a default or judgment listing on the Applicants credit file due to non-payment of any
    outstanding fees.
  15. SMDN may pay a referral fee to a third party for the referral of an Applicant.
  16. 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 provide to SMDN the Applicant’s current email address to ensure
    the Applicant receives the email notification referred to in this clause.
  17. The SMDN Set Up Fee, Ongoing Administration Fee and fee for Credit Repair Services (if applicable) that have
    commenced are non-refundable.
  18. Debt Negotiation Services fee will be 25% of the reduction SMDN achieves for each debt.
  19. If the Applicant contacts 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, or if the applicant decides to stop the
    process once SMDN has commenced the process, and this results in a resolution (including the removal of the credit
    record which SMDN has been engaged by the Applicant to resolve), the total Credit Repair Fees of $1500 that applies
    to that incorrect credit record will be due and payable to SMDN by the Applicant.If the Applicant decides to stop the
    process of Credit File Repair after SMDN has been engaged by the Applicant, and a resolution of the incorrect credit
    record is achieved, ), the total Credit Repair Fees of $1500 that applies to that incorrect credit record will be due and
    payable to SMDN by the Applicant.
  20. During the period in which SMDN conducts the credit file repair services, SMDN will contact and update the Applicant
    by email monthly(from the start of the Application). SMDN requires all communication to be in writing(email). SMDN
    does not and will not provide verbal updates by phone.In the event the Applicant requires additional services including
    alternative forms of communication, fees for these services will apply.
  21. SMDN reserves the right at its own absolute discretion and without assigning any reason to refuse the provision of
    Debt Negotiation Services and Credit File Repair Services for any Applicant or to cease and desist the provision of
    Debt Negotiation Services and Credit File Repair Services for any Applicant at any time with notice.
  22. SMDN may seek to verify any information provided by the Applicant through any reasonable lawful means.
  23. 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.
  24. 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 and Credit File Repair
    Services.
  25. Full payment for any service must be made to SMDN, in a manner reasonably acceptable to SMDN, before any
    service is provided by SMDN.If the Applicant has been approved by SMDN to make payments on a payment plan the
    agreed fees must be paid on the agreed date.If the fees are not paid when due, default fees of $25 will be added to the
    balance due to SMDN.SMDN reserves the right to stop the Debt Negotiation Services and Credit File Repair Service
    to the Applicant at any time where fees due are more than 7 days in arrears and reserves the right to cancel the
    contract without a refund of any fees paid.
  26. 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 Credit File
    Repair Services and in respect of all costs and charges in connection therewith arising under statute or common law.
  27. 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.
  28. 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.