Terms and Conditions
Bankruptcy Solutions Australia Client Services – Terms and Conditions
Defined terms used in this document and the Agreement have the meaning given in clause 19 of this document.
- Bankruptcy Solutions Australia Service Details
You engage and authorise Bankruptcy Solutions Australia to provide any of the following services to you:
- Analyse your income, spending and debts.
- Use information that you deem as true and accurate to fill out government forms
- access your credit file;
- such other additional services as requested by you (where Bankruptcy Solutions Australia has agreed in its sole and absolute discretion to provide such services) and;
- any other services provided by Bankruptcy Solutions Australia which are incidental to the above.
- Client Information Provided
- You consent to Bankruptcy Solutions Australia collecting, using and storing the information supplied by you as the Client or by authorised parties for the purpose of providing the Services to you and any other associated purpose.
- You acknowledge that if you do not provide accurate information requested by Bankruptcy Solutions Australia, Bankruptcy Solutions Australia may not be able to (or may choose not to) provide the Services to you.
- You warrant and represent that:
(i) the information supplied by you and any other information you give to Bankruptcy Solutions Australia will always be accurate, correct and up to date
- Changes to information
If you wish to make any changes to your information you must give Bankruptcy Solutions Australia at least 4 business days prior written notice to execute the change. Changes include a schedule of payments to be made from your Bankruptcy Solutions Australia invoice or to stop individual payments or to add a new payment or notification .
- Authority of Bankruptcy Solutions Australia
You hereby authorise Bankruptcy Solutions Australia to do any of the following:
- disclose the information you provide to Bankruptcy Solutions Australia (including the details you provide in the Client Information Schedule) to: any third parties to the extent required to provide the Services to you; any of Bankruptcy Solutions Australia’s related parties; government departments undertaking reviews of the integrity of our operations; organisations providing services or function on our behalf (including document storage services, data entry, data verification, information technology support and others); Bankruptcy Solutions Australia’s advisers; and any person acting on your behalf such as your financial adviser, power of attorney, solicitor or accountant;
- record details of your telephone calls, sms’s and email correspondence with us for record keeping and verification purposes (including after the Term);
- scan, store and hold in electronic form all copies of signed agreements, identification documents and correspondence received by Bankruptcy Solutions Australia from you or from any third parties on your behalf from time to time at any location around the world (including after the Term); and
- anything which Bankruptcy Solutions Australia is authorised to do under the Letter of Authority.
- Bankruptcy Solutions Australia Fees
- In consideration for Bankruptcy Solutions Australia providing the Services you must pay the Fees as and when set out in the Fees Schedule and this Agreement, including (among others):
- Service Establishment Fee (Set Up Fee)including GST – This fee is intended to compensate Bankruptcy Solutions Australia for the costs of establishing your account on Bankruptcy Solutions Australia’s system. The Establishment Fee is payable within 7 days after you engage services;
- Account Administration Fee. The Account Administration Fee is intended to compensate Bankruptcy Solutions Australia for the management of your information and providing the Services.
- Other Service Fees including GST – This fee is intended to compensate Bankruptcy Solutions Australia for the costs associated with the services provided. Service Fees may be charged for, but not limited to, negotiation with service providers, renegotiation, consultancy, Debt Reduction Planning, Budget development, administration work associated with provision of information to client advisors, other services as requested. The Service Fee is payable within 7 days after you enter the Agreement or as otherwise agreed;
- All Fees and payments processed by Bankruptcy Solutions Australia will be processed in Australian Dollars (AUD).
- You agree that you are legally liable for all Fees
- Subject to clause 11 (Termination), the Fees are non-refundable.
- Any consideration to be paid or provided for a supply made by Bankruptcy Solutions Australia under or in connection with the Agreement, unless specifically described as ‘GST inclusive’, does not include an amount on account of GST. You must pay to Bankruptcy Solutions Australia the amount of any GST at the same time you pay the consideration for the relevant supply.
- Consent to verify your identity
To comply with the Anti-Money Laundering and Counter-Terrorism Financing Act 2006, Bankruptcy Solutions Australia will need to verify your identity. To do this, we will use the information you provide to us. It may include your name, date of birth and residential address. We may also require supporting documents, such as your Medicare card, passport or driver’s license details.
- As part of the verification process we may verify your details using an identification verification database. We require your permission to electronically access your credit information file as retained by VEDA, a credit reporting agency or any alternate source of identity validation. Please note that the verification process will not have any impact on your credit rating and the contents of your credit information file. We will access the information to verify your identity, collect a list of your creditors and any other relevant tasks to the service.
- By receiving this service from Bankruptcy Solutions Australia, you authorise and consent for Bankruptcy Solutions Australia to access your credit information file as retained by VEDA or any alternate source of identity validation.
- Working with your creditors
Bankruptcy Solutions Australia will not contact your Creditors however we can confirm that you are in fact a mutual client seeking bankruptcy assistance when a creditor contacts a representative of the Bankruptcy Solutions Australia office.
- Your obligations
- You must notify Bankruptcy Solutions Australia promptly in writing by email or by telephone if a payment is made to Bankruptcy Solutions Australia in error. It is important that you give Bankruptcy Solutions Australia as much information as you can to help Bankruptcy Solutions Australia resolve your concern and provide sufficient time to remedy your concern.
- Before Bankruptcy Solutions Australia can complete the Services to you, Bankruptcy Solutions Australia is required to verify your identity. You must present such identification documents as requested by Bankruptcy Solutions Australia from time to time, including (among others) passport and driver’s licence. This may need to be notarized by a Justice of the Peace. You must comply with any reasonable request by Bankruptcy Solutions Australia in order to allow it to verify your identity and comply with the Anti-Money Laundering and Counter-Terrorism Finance Act 2006 and other laws.
- You must provide Bankruptcy Solutions Australia with all necessary information to enable Bankruptcy Solutions Australia to provide the Services to you and to comply with Bankruptcy Solutions Australia’s obligations under the Agreement and at law.
- Your acknowledgements
You acknowledge and agree that:
- Direct Debits cannot be processed by BSA. If the client is wishing to use a Direct Debit for payment to BSA, this must be arranged by the client and their respective bank;
- in respect of any information you (or your Creditors, financial advisor or Financial Institutions) provide to Bankruptcy Solutions Australia (including, without limitation, any identification documents and the information provided in the Client Information Documents): (i) Bankruptcy Solutions Australia will retain copies of such information; and (ii) Bankruptcy Solutions Australia will rely on such information and is not required to verify such information;
- Bankruptcy Solutions Australia may choose not to retain original documentation after it has been scanned and archived electronically on Bankruptcy Solutions Australia’s system;
- Bankruptcy Solutions Australia may engage third parties (including third parties located outside of Australia) to provide any part of the Services (or assist Bankruptcy Solutions Australia to provide the Services);
- Bankruptcy Solutions Australia is under no obligation to provide the Services or process bills, queries, payments,changes and other parts of the Services outside of regular business hours (being 8:30am to 5pm AEST) on Business Days).
- without limiting any other provision in the Agreement, Bankruptcy Solutions Australia will take all reasonable care to ensure your requests, queries or complaints are responded to promptly, however unless your requests, queries or complaints in relation to a scheduled payment or event are communicated to Bankruptcy Solutions Australia via email within 4 business days prior to the scheduled payment or event, Bankruptcy Solutions Australia is not liable for any costs arising in connection with the scheduled payment or event, and in these instances, normal refund policy will apply .
Cancellations and Terminations
We appreciate hearing from you about any problems with our service that prompted any wish for cancellation. Please contact Bankruptcy Solutions Australia Customer Support team with this feedback. We appreciate and respect all constructive feedback as it is integral to our quality control.
For details regarding refund policy and termination periods, please see below.
- Termination by client
- You can terminate the service by giving Bankruptcy Solutions Australia 7 days (Notice Period) notice in writing of your intention to terminate the Agreement via:
- Shop 8, 2 Coora Cres Currimundi QLD; or
- email to firstname.lastname@example.org,
and provide details of the reason for termination, together with details of your client account.
- Bankruptcy Solutions Australia will respond to you as soon as possible to confirm the termination via email.
- If you cancel or revoke any authority granted under the Letter of Authority (in accordance with the terms of the Letter of Authority) and Bankruptcy Solutions Australia considers it is unable (without the relevant authority) to provide the Services to you, then you will be deemed to have terminated the Service. The termination is effective from the date the notice of cancellation or revocation is received by Bankruptcy Solutions Australia.
- If you wish to terminate the Services immediately (i.e. without giving the notice period)
- you terminate the Agreement and request that Bankruptcy Solutions Australia not provide the Services during the Notice Period; or
- the Agreement is terminated under clause 12(c),
then you must pay Bankruptcy Solutions Australia (on the date of termination) the Fee that would have been payable to Bankruptcy Solutions Australia if it had continued to provide the Services to you during the Notice Period. Bankruptcy Solutions Australia will not refund any payments made up to the date of termination for the work completed prior to the termination however, will hold the case on file that can be restarted at any point.
If you have any problems cancelling/terminating this Agreement, please contact Bankruptcy Solutions Australia Customer Support team.
- Termination by Bankruptcy Solutions Australia
- The Agreement may be terminated by Bankruptcy Solutions Australia (without being required to provide reasons) by giving you twenty-eight days’ notice in writing of its intention to terminate the Agreement.
- Bankruptcy Solutions Australia may immediately terminate the Agreement by written notice to you and immediately cease providing the Services;
- suspend the provision of the Services to you by written notice to you;
- require immediate payment of all amounts outstanding (whether or not then due and payable);
- reject, cancel, suspend or terminate any scheduled payments from the Bankruptcy Solutions Australia;
- exercise or enforce all or any of Bankruptcy Solutions Australia’s rights, powers or remedies (whether arising under any law,the Agreement or otherwise); or
- engage in any combination of the above
- Consequences of termination/cancellation
- If the Agreement is terminated prior to the payment in full of the Establishment Fee, the outstanding balance of the Establishment Fee will remain due and payable by you.
- Subject to clause 12(d), your liability to pay the Account Administration Fee will cease on the date of termination. However, termination of the Agreement does not relieve you of your obligations (including your obligation to pay any Account Administration Fees) which have accrued before the date of termination. In short, funds received before the date of termination are non-refundable.
- Bankruptcy Solutions Australia may report any failure by you to pay any Fees as and when due to a credit reporting bureau at its sole and absolute discretion.
- Limitation of Liability and indemnity
- To the extent permitted by law, Bankruptcy Solutions Australia (and its affiliates, officers, employees, contractors and agents) are not liable (in any circumstances) for any cost, damage, expense, loss, claim or liability (including consequential loss or damage) of any kind that you or any third party may suffer or incur arising (directly or indirectly) out of or in connection with:
- (i) your failure to notify Bankruptcy Solutions Australia of a payment error within 5 business days of Bankruptcy Solutions Australia or its banking partners informing you of the relevant payment;
- (ii) your failure or delay (or the failure or delay of any of your Creditors, Financial Institutions, service providers or other third parties) in providing any information Bankruptcy Solutions Australia requests;
- (iii) any information provided to us being inaccurate, incorrect, untruthful, misleading or deceptive;
- (iv) the failure of, or the refusal by, any of your Creditors to accept, vary, review or implement any payment plan, settlement plan or debt agreement;
- (v) any defaults or late or missed payments reported on your credit file;
- (vi) any delay in operation or transmission, down-time or system outage, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, security breach, theft, destruction, alteration or unauthorised access to any records (to the extent it is beyond the reasonable control of Bankruptcy Solutions Australia);
- (vii) any breach of your obligations under the Agreement;
- (ix) any matters that fall outside the scope of the Services provided by Bankruptcy Solutions Australia to you, whether arising by reference to the provisions of the Agreement, implied terms, tort or otherwise howsoever.
- You agree to fully indemnify Bankruptcy Solutions Australia against all cost, damage, expense, loss, claim or liability (including consequential loss or damage and legal fees on a full indemnity basis) of any kind that Bankruptcy Solutions Australia may suffer or incur (or which may be brought against Bankruptcy Solutions Australia) arising (directly or indirectly) out of or in connection with: (i) any breach of the Agreement by you; (ii) Bankruptcy Solutions Australia acting in accordance with your instructions (except where such loss is caused by Bankruptcy Solutions Australia’s negligence); or (iii) any matter referred to in clause 15(a).
- To the maximum extent permitted by law, you acknowledge and agree that:
- subject to any warranties implied by law which cannot be excluded by agreement, all warranties with respect to the Services are hereby expressly excluded; and
- no advice, guarantees, warranties or representations are or have been given (or shall be implied) by Bankruptcy Solutions Australia or any of its officers, employees or agents in connection with the Services or any other matter, other than: (A) those which are given or implied by law which cannot lawfully be excluded; and (B) those which are expressly contained in the Agreement.
- Subject to law, if circumstances arise where you are entitled to claim damages from Bankruptcy Solutions Australia notwithstanding the provisions of the Agreement and this clause 15, Bankruptcy Solutions Australia’s total liability to you for the aggregate of all such claims (regardless of the basis on which you are entitled to claim from Bankruptcy Solutions Australia including, without limitation, negligence) is limited to the lesser of: the amount of any actual loss or direct measurable damage incurred by you; or the Account Administration Fees received from you by Bankruptcy Solutions Australia in the preceding 12 months before your claim arose.
- You acknowledge that you have relied upon your own skill and judgement in determining the appropriateness of the Services provided by Bankruptcy Solutions Australia for your own particular purposes and you have not been induced to enter into the Agreement or relied on any statement or representation made by Bankruptcy Solutions Australia or by any person on Bankruptcy Solutions Australia’s behalf.
- If any warranty or condition is implied by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) or any corresponding state law, or other relevant legislation, which may not be excluded then, Bankruptcy Solutions Australia’s liability for any breach of such an implied warranty is limited solely to the resupply of the relevant Service or payment to you of the cost of having the Services provided again (at Bankruptcy Solutions Australia’s option).
- In no circumstances will Bankruptcy Solutions Australia be liable to you for any consequential damages (including without limitation, loss of or damage to data, loss of profits, loss of savings and loss of revenue indirect or remote or abnormal or unforeseeable loss, loss of actual or anticipated savings, loss of reputation, lost opportunities, loss of use, any exemplary or punitive damages of any kind or any similar loss, ability now or future ability to acquire credit) whether or not in the reasonable contemplation of the parties even if Bankruptcy Solutions Australia’s has been expressly notified of the possibility of such damages.
- Intellectual Property
- Bankruptcy Solutions Australia is either the owner or licensed user of all Intellectual Property in the Bankruptcy Solutions Australia’s System (including all material on the Bankruptcy Solutions Australia System).
- Nothing in the Agreement gives you any interest in any Intellectual Property (whether in relation to the Bankruptcy Solutions Australia System, the material on the Bankruptcy Solutions Australia, or otherwise).
- You must not: (i) reproduce, adapt, upload, link, frame, broadcast, distribute or in any way transmit the material on the Bankruptcy Solutions Australia System without the written consent of Bankruptcy Solutions Australia, other than to the extent necessary to view the material or as permitted by law; (ii) call into question or challenge, directly or indirectly, Bankruptcy Solutions Australia right, title or interest in the Intellectual Property; or (iii) make use of the Intellectual Property or any part of it, to the competitive or commercial disadvantage of Bankruptcy Solutions Australia.
- Variation of Agreement
- Bankruptcy Solutions Australia reserves the right to vary the terms of the Agreement from time to time. Bankruptcy Solutions Australia will give you thirty days’ notice in writing (Variation Notice) of such changes which could include (but are not limited to) changes in relation to Fees and charges. The changes will come into effect thirty days after the date of any Variation Notice.
- If you do not agree to the variations set out in the Variation Notice, you can terminate the Agreement by contacting us within 7 days of receiving the Variation Notice by:
- email at email@example.com.
- Complaints Process
- Other important provisions
- Bankruptcy Solutions Australia is entitled to offset any amount owing to it by you (including Fees or any amount owing or payable under or in connection with any indemnity given in favour of Bankruptcy Solutions Australia) against any amount owed to you by Bankruptcy Solutions Australia.
- This Agreement is governed by the laws of the state of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Agreement will be governed, interpreted and construed by, under and pursuant to the laws of Queensland.
- If any of the provisions of the Agreement are invalid or unenforceable it is to be read down so as to enable it to be valid and enforceable or otherwise severed so as to preserve the enforceability of the remaining provisions of the Agreement.
- You confirm and declare that: (a) the provisions of the Agreement are fair and reasonable and you have taken the opportunity to obtain independent legal advice; (b) the provisions of the Agreement are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
- You must not assign, novate or otherwise transfer your rights and obligations under the Agreement. Bankruptcy Solutions Australia may assign its interest under the Agreement (without your consent). If required by Bankruptcy Solutions Australia, you must enter into a deed of novation with Bankruptcy Solutions Australia and a third party nominated by Bankruptcy Solutions Australia on terms specified by Bankruptcy Solutions Australia.
- Bankruptcy Solutions Australia owes no fiduciary duties to you and you expressly waive any which might otherwise exist.
- You warrant and represent that you have the legal authority and capacity to enter into and be bound by the Agreement.
- No provision of the Agreement is to be interpreted to the disadvantage of a party because that party (or its representative) drafted that provision.
- The provisions in clauses 14, 15, 16, 20 and 21will survive termination of the Agreement.
‘Bankruptcy Solutions Australia’ or ‘us’ or ‘BSA’ means Bankruptcy Solutions Australia Pty Ltd.
The ‘Bankruptcy Solutions Australia Account’ is the account where your funds (which are used to make payments under the Personal Cash Management Plan or Arrangements) are held.
‘Bankruptcy Solutions Australia System’ means the electronic system operated by Bankruptcy Solutions Australia, which includes the website www.bankruptcysolutions.net.au.
‘Business Day’ means a day, not being a Saturday, Sunday, public holiday or a day on which banks are not open for business in any State or Territory of Australia.
‘Creditor/s’ means your creditor/s and service provider/s (being any entity which has provided services or credit to you) including, among others, the credit providers of Unsecured Credit Facilities and Secured Credit Facilities that you are obligated to.
‘Fees’ means the fees payable by you to Bankruptcy Solutions Australia as set out in the Fees Schedule.
‘Fees Schedule’ means fee details as provided to you at the time of entering an agreement with Bankruptcy Solutions Australia as amended from time to time in accordance with the Agreement.
Any Service Package is subject to Client Terms and Conditions.
‘Financial Institution’ means any financial institution with which you have an account, including, among others, the financial institutions (Bank Accounts), Managed Investment Portfolios, Term Deposits and Misc Investments as advised by you.
‘Intellectual Property’ means all present and future rights conferred by statute, common law or equity in or in relation to intellectual property (whether or not registrable) including any know-how, design, layout, database, technology, data, user interfaces, web interfaces and algorithms in connection with the Bankruptcy Solutions Australia.