1. In this agreement, Action Mercantile Pty. Ltd. ACN 076970548, shall be known as “Action” and the party requesting a debt to be collected or requesting a service to be performed by Action shall be known as “the Client” and the party from whom a debt is to be collected shall be know as “the Debtor.”

2. The Client acknowledges having received and read a written quotation from Action of its rates and charges and the Client agrees to be bound by these rates and charges. The Client also acknowledges having read these terms and conditions and agrees to be bound by them.

3. The Client undertakes to notify the Debtor of a debt referred to Action for recovery that the debt is to be paid to Action. In the event that a debt referred to Action for recovery is paid in whole or in part to the Client by the Debtor the Client undertakes to notify Action within one working day of such occurrence. The Client further acknowledges that Action shall be entitled to charge commission to the Client on such sum recovered calculated according to its rates and charges.

4. The client acknowledges that should a debtor pay directly to Action using either the BPay system or the Credit Card facility then Action will on charge to the client the fees applicable at the time as charged to it by the merchant provider/s.

5. The Client agrees that in the event that the Client withdraws instructions or requests Action to cease acting in any matter that the Client has referred to Action that Action shall be entitled to charge the Client commission as if the debt had been paid in full.

6. The Client authorises and directs Action to pay into its trust account all monies Action has received on behalf of the Client and Action agrees to remit to the Client on a monthly basis all cleared funds together with its Invoice Statement setting out the fees and commission deducted and the Client authorises Action to deduct any unpaid fees incurred on the account of the Client as at the date of its Invoice Statement.

7. The Client warrants that the details supplied by the Client to Action are true and correct and include all information relevant to the debt. The Client further warrants that information supplied to Action relating to a Debtor who is a natural person complies with National Privacy Principles. Should Action suffer loss or damage and expense due to misleading, false, insufficient details or information that does not comply with the National Privacy Principles being supplied by the Client to Action, the Client will indemnify Action in full for such loss or damage and expense.

8. The Client authorises Action to perform all acts reasonably necessary to recover a debt on the Client’s behalf including legal and enforcement action.

9. Action and its servants and agents warrant to hold confidential all information supplied by the Client and the Client’s servants and agents and will not divulge such information without the consent of the Client. Action agrees that all matters referred to it by the Client will be carried out by it with due diligence and care to the best of its ability.

10. Action reserves the right to refuse to act as agent against any one or more debtors and may at any time by notice in writing, cease act for the Client in relation to any one or more debtor’s.

11. Action shall be bound by no covenants, representatives or warranties other than those specified in this Agreement.

12. Action shall be entitled to destroy its files and all documents and particulars provided by the Client in relation to any debt referral upon the expiration of thirty days from the date an Invoice Statement is sent to the Client advising either of the payment of debt or that Action has closed the file.

13. In the event where the Client fails to pay to Action the debit balance on the Invoice Statement forwarded to the Client within 7 days from the date of the Invoice Statement Action shall be entitled to charge interest at the prevailing Bank overdraft rate or in accordance with the rate prescribed under the Penalty Interest Rates Act (Vic) whichever is the higher until the debit balance is paid in full. In addition, the Client shall be liable for all legal costs and disbursements incurred by Action arising from the default.

14. All GST levied by the Commonwealth Government on Action’s commission shall be borne by the Client an Action shall provide the Client with a Tax Invoice.

15. Action shall be entitled to vary these terms and conditions at any time upon the giving of one month’s notice to the Client detailing such changes.

16. This agreement is bound by the Laws and jurisdiction of the State of Victoria