In this Agreement:
1.1 “Negative listing” refers to any information about payment default, aggravated credit infringement, overdue loan account, or court injunction or summons;
1.2 “Credit Fixing Services” refers to any or all of the following services in a) to d) below;
(a) Provider’s provision of a credit report to the client as prepared by the Provider, including general information relating to negative listings on the Client’s credit file, a response to debt collection agencies, and a procedure on the maintenance of a good credit record or status;
(b) If appropriate, the provision of the submissions by the Provider on the Client’s behalf for correction requests to credit reporting bureaus requesting the exclusion of negative listings contained on the Client’s credit file;
(c) The provision of a submission prepared by the Provider on the Client’s behalf to dispute a contestable negative listing on the Client's credit file via any Telecommunication Industry or Power and Water Ombudsman, Australian Financial Complaints Authority, or any other relevant Ombudsman affiliated with Credit Files. If appropriate, the provision of the Provider’s said submission should be presented after the completion of a summary; and
(d) Any other service provided to the Client in a written agreement by the Provider as pursuant to the terms of this Agreement or otherwise.
1.3. (a) and (b) above apply if the request is done before 4.30pm on the application date, or before 10.30am the next business day if the request is done after 4.30pm.
1.4. “Express Credit Fixing Services” refers to the fast-tracking of the Client’s application by the provider in the same day as the reversal for the Credit Repair Services outlined in clauses, at the Client’s election;
1.5. “Credit File Fixing Services” refers to the provision of a copy of the Client’s credit file by the Provider in accordance with the Equifax & Illion (or a supplementary thereof, including Credit Simple, at the preference of the Provider) and a credit files review for the determination of the Client’s credit position and the Provider’s position to assist the Client with the Credit Repair Services, at the Client’s election;
2. The Provider is obligated to use its best endeavors in the provision of the services defined above, as required by the Client. The Client’s indemnity and agreement to indemnification to the Provider against any expenses, loss, action or claim arising howsoever out of the Provider’s performance as bound by the terms of this Agreement must be upheld, with the exception of any action or claim relating to the exercise of the Provider’s duty of care and skill in the provision of the services.
3. The Client must explicitly and unreservedly permit and direct the Provider to communicate and coordinate with any credit reporting agencies (including but not limited to Equifax and Illion) for the acquirement of the Client's credit status, through any preferred mode of communication such as telephone, email, internet access, facsimile or any other appropriate approach chosen by the Provider. Further, the Client is required to approve the Provider to supply this Agreement to any credit reporting entity for the provision of the services.
4. The Client is held liable for the truthfulness and correctness of all information provided to the service Provider.
5.1 The Client is required to pay a fee of $59.95 to the Provider, including GST in advance for the Credit File Fixing Services as provided in Clause 1.5 above.
5.2 If the Client chooses to receive the Credit Fixing Services, the Provider's standard fee of $1195 (inclusive of GST) before the Provider is obligated to provide the Credit Fixing Service, and the aforementioned fee must be paid in full upon the Client’s determination of engagement with the Provider for the provision of the Credit Fixing Service and after the Provider’s approval of the Client's application. The standard fee is only applicable if the number of negative listings on the Client’s credit report(s) does not exceed two negative listings. An additional $600 (including GST) is charged by the Provider for up to and including every two additional negative listings on the client’s credit report(s). In the case of similar negative listings relating to the same debt with two or more separate credit reporting institutions, the Client agrees that two or more separate submissions to each of the credit reporting bureaus will be required due to the existence of the two or more negative listings. Therefore, the Provider is required to use the extra fees charged as a result of the additional work to submit numerous correction requests to the relevant credit reporting institutions.
5.3 The Client is required to pay a fee of $199 (including GST) in advance for the Express Credit Fixing Services to the Provider as outlined in Clause 1.5 above.
6.1 It is hereby clarified that the services specifically exclude finance broking, Provider’s advice about the success or otherwise of a Client's application for finance with any financial institution or any activities other than the provision of the services.
6.2 The Client must acknowledge and approve that the Provider has no intent of making, and has not made, any guarantee, promise, or representation to the Client on the rectification or alteration of the Client's records of creditworthiness that is held by any agency or credit reporting body howsoever; and the Client must adhere to the Provider's criteria and/or being approval for the provision of the services without assure for any of the above, or the Client’s acquirement of any finance.
7. It is hereby required that the Client approves the Provider to negotiate or deal with and make representations on the Client’s behalf to any credit reporting institution for the purposes of acquiring the removal of any negative listing indicated on the Client’s credit file.
8. The Client is hereby informed that the investigation process integrates a limited series of comprehensive questions presented in a questionnaire issued to the Client by the Provider for an inquiry regarding how the credit providers may have altered or damaged the Client's credit file, whereby the questionnaire is not specific to each individual negative listing. The Client must also accept and understand that their acceptance into the investigation process does not guarantee any or all removals of the client’s credit reports held with any credit reporting institutions. Further, the Client also approves and understands that the improvement of their credit position or the Client’s creditworthiness may not be effected in the cases of the removal of only some of the negative from the credit file whereas some remain.
9. Further, the Client is also required to request and approve the submission of a dispute regarding any contestable listings on the Client’s credit history to any Telecommunication Industry Ombudsman, Australian Financial Complaints Authority, any Power and Water Ombudsman, any other relevant Ombudsman affiliated with credit files by the Provider on behalf of the Client. However, the Client must also acknowledge the Provider’s sole discretion in making of any such submission. Moreover, the Client must understand that such a submission may be made by the Client at no charge without any assistance from the Provider. However, through the signing of this Agreement, the Client requests the Provider’s aid in making the aforementioned submission, which necessitates the payment of the required fees to the Provider by the Client in accordance with clause 5 above.
10. The Client further accepts that they:
(a) independently signed this Agreement without reliability on any representation or inducement whatsoever to enter into this Agreement, other than the terms and conditions of this written Agreement;
(b) has the entitlement to obtain legal and financial advice before signing this Agreement, and either the Client:
(i) becomes a signatory to this Agreement after obtaining such advice to the their satisfaction; or
(ii) relinquishes the right to obtain any such advice before the validation this Agreement.
12. The parties must acknowledge and agree that these written terms and conditions are conclusive in regards to the terms and conditions that bind the Client and the Provider, and there are no additional terms or conditions, arrangements or understandings, and collateral agreements that bind the Client and the Provider with respect to the subject matter of this Agreement.
13. The Client may seek assistance from the Provider to negotiate with a Client’s creditor for the purpose of reducing a debt owed by the Client to such a creditor, which is hereby classified as a “Debt”, on the client’s behalf. In the latter case, the signing of this Agreement by the Client authorizes the Provider (on behalf of the Client) to share personal information that may be contained on the Client’s credit file, but only to a necessary, limited and reasonable extent that enables the Provider to negotiate a reduction in the Debt amount. In the event that the Provider is successful in negotiating a reduction in the amount of the Debt, the Client is obliged to make a supplementary payment (in addition to the fees indicated in Clause 6 above) to the Provider as recognition of the time, effort and skill used by the Provider in the negotiations with the creditor. The supplementary payment should be made in terms of an amount equal to 35% of the amount by which the Debt was reduced (including GST), whereby the said fee is due and payable instantly upon the closure of an agreement with the creditor regarding the reduction in the amount of the Debt. It is essential to note that the Client is liable to settle the aforementioned fee regardless of whether or not the debt reduction agreement between the Provider and the Client’s creditor(s) is documented in writing.
14. The Client acknowledges that:
i. Equifax (or any other credit reporting bureau) only collects the Client’s personal information delivered by the Provider based on the request for services;
ii. Equifax (or any other credit reporting bureau) and its affiliates may use and disclose the Client’s personal information for the facilitation of the provision of credit reporting services and the performance of data management for the purposes of quality assurance;
iii. Equifax’s (or any other credit reporting bureau’s) privacy policy is available on the organizations’ official websites, such as Equifax.com.au/privacy for Equifax; and
iv. The Equifax Credit Reporting Policy provides detailed information Equifax’s collection and management of credit reporting information, which is available online via the Equifax website at Equifax.com.au/credit-reporting-policy. The latter data privacy statement also applies to other credit reporting bureaus in which the Provider seeks to acquire the Client’s credit file information on behalf of the Client.
15. In the case of an express request and authorization by the client, the Provider may provide any information given by the Client to the provider, including but not limited to a copy of the Client’s credit report from any credit reporting body, to any finance broker to acquire assistance on behalf of the Client in any application to acquire finance. Through such a request and authorization, the Client acknowledges that the Provider may obtain the entitlement to receive a supplementary payment or commission generated from the referral to such a finance broker.
16. If the Client requests or give directions to a third party for the settlement of any fee as provided by clauses 5 and/or 13 above, either for or on behalf of the Client (by signing this Agreement), the Client provides authorization to the Provider on the disclosure of required Client’s personal information that may be available on the Client’s credit file. However, the Provider should only disclose the Client’s personal information to the third party ONLY to the extent reasonably necessary for the Provider’s acquisition of the services from the third party.
17. The Provider is entitled to the sole and autonomous determination to vary, waive, or defer either the amount to be paid by the Client for any fee (or any part thereof) or the payment duration, notwithstanding the terms of clauses 5 and 13 above.