PLEASE READ CAREFULLY BEFORE REGISTERING FOR
NETCOLLECT™, AUSCOLLECT™ FILE TRACKING OR SUBMITTING INSTRUCTIONS OR
REQUESTS (EITHER VIA THIS WEBSITE OR BY ANY OTHER MEANS). YOU MUST AGREE
TO THESE TERMS AND CONDITIONS BEFORE USING THIS WEBSITE OR REGISTERING OR
SUBMITTING INSTRUCTIONS OR REQUESTS OF ANY KIND.
1.
General
1.1
This website is administered by National Recoveries &
Investigations (NRI) Pty Ltd ACN 096 699 786. In these Terms & Conditions
of Use, "NRI" means National Recoveries & Investigations (NRI) Pty
Ltd and its affiliates, subsidiaries, contractors, sub‑agents and
divisions. Any person or company which registers for NRI's services or
instructs or requests NRI to perform any action is referred to in these
Terms & Conditions of Use as "the Client".
1.2
The Client when engaging or utilising products or using services
provided by NRI agrees to be bound by the Terms & Conditions. These Terms
& Conditions of Use also govern the Client's use and access of this
website.
1.3
The Client is deemed to agree to these Terms & Conditions of Use by
accessing, browsing, opening or otherwise using this website or by
registering for NRI's services or instructing or requesting NRI to perform
any action.
1.4
The Client acknowledges that NRI reserves the right to change or
amend these Terms & Conditions of Use without notice by posting the
changes or amendments on this website. The Client agrees that its
continued use of this website or directly linked related websites
constitutes acceptance of any changes or amendments made. The Client
agrees to periodically review these Terms & Conditions of Use so as to be
aware of any changes or amendments made.
1.5
The Client may use the information on this website for the purposes
of obtaining or considering whether to obtain services from NRI and for no
other purpose. Any material downloaded from this website must also
include the copyright notice at the foot of each page and is licensed
subject to these Terms & Conditions of Use.
1.6
The information contained on this website is not advice and the
Client relies on the information at the Client's own risk. Where the
Client is uncertain whether the services available are appropriate, the
Client should obtain legal or other advice before proceeding.
2.
Copyright and Trade Marks
2.1
Copyright in the text and graphics and any software contained on
this website is owned or licensed by National Recoveries and Investigation
(NRI) Pty Ltd ABN 99 096 699 786 (NRI). A single copy of information from
this website may be downloaded for reference purposes only. To the extent
permitted under any applicable law, and subject to this licence, no part
of this website may be reproduced, adapted, downloaded or transmitted in
any form without the written consent of NRI.
2.2
NetCollect™ is a registered trade mark of National
Recoveries and Investigation (NRI) Pty Ltd ABN 99 096 699 786 (NRI) in
Australia and the United States of America and may not be used without the
written consent of NRI.
2.3
AusCollect™ is an Australian registered trade mark of
NRI and may not be used without the written consent of NRI.
Back to Top
3.
NetCollect™
3.1
If registering for the online NetCollect™ debt collection system,
the Client agrees to pay a non‑refundable membership fee (after expiration
of the 30 day unconditional money back guarantee) for on‑line debt
recovery services and acknowledges that all fees are subject to change
without notice.
3.2
The Client agrees that the letters generated on NRI letterhead
using the online NetCollect™ debt collection system must not
be altered by the Client except as permitted by NRI to change defined
variables in each letter.
3.3
In the event a debt registered for collection using the online
NetCollect™ debt collection system is not recovered the Client may engage
NRI specifically to conduct telephone collection or a personal visit upon
the debtor at the applicable rates as specified in the
schedule of fees.
The Client may also engage NRI to arrange legal action by a solicitor on
the Client's behalf. Any such engagement is subject to separate terms and
conditions which will be provided at the time of the engagement.
3.4
The Client agrees that its membership for NetCollect™ online debt
recovery services will be automatically renewed on the anniversary date of
the agreement and the annual membership fee charged to the Client by NRI,
unless thirty days written notice of cancellation is received from the
Client prior to the anniversary date. The Client acknowledges to NRI that
any such renewal fee charged is non‑refundable.
3.5
The Client may notify NRI in writing at any time that the Client
does not want to remain a member of the online NetCollect™
debt collection system. On receipt of such notification, NRI will remove
the Client from membership of the online NetCollect™ debt
collection system and cancel any access to the NetCollect™
database.
3.6
The Client acknowledges that the Client registers for and uses the
online NetCollect™ debt collection system at the Client's own
risk and that NRI does not warrant that the online NetCollect™
debt collection system will be effective or achieve the ends required by
the Client.
3.7
The Client acknowledges that NRI may cancel the Client's membership
of the online NetCollect™ debt collection system if the
Client, in NRI's sole discretion, is not considered to be an appropriate
member of the online NetCollect™ debt collection system.
Back to Top
4.
AusCollect™
4.1
The Client acknowledges that NRI is not a legal practice and does
not employ legal practitioners and will neither provide legal advice to
the Client nor charge the Client for legal services, unless as an incurred
disbursement from a registered legal practitioner. No legal services will
be engaged on behalf of the Client without the Client's further express
instructions. If a legal claim is defended by a debtor, the Client
acknowledges that NRI cannot be involved in the legal process or assist in
any way until such time as a judgment is obtained for enforcement.
4.2
The Client understands that once a debtor account is received by
NRI for collection or investigation, under any service agreement between the Client and
NRI, it is subject to the charges applicable in the
schedule of fees and
any other incurred disbursement fees where applicable (such as legal
fees), whether part payment is recovered or whether withdrawn, compromised
or settled direct by the Client.
4.3
The Client agrees that NRI shall have the right to deposit into
trust remittances received for the Client and to deduct there from all
fees, charges and disbursements for which the Client is liable under the
terms of any agreement between the Client and NRI. Statements and trust
account remittances for monies collected shall be issued within 2 business
days of identification of such monies. NRI will not hold trust monies on
behalf of the Client for any longer period.
4.4
The Client agrees that NRI reserve the right to cancel any service
agreement without notice or refuse to accept or to continue handling any
matter without assigning any reason.
4.5
The Client agrees that NRI can in no way guarantee results of any
service provided or the validity of information contained on or in this
website or directly linked related websites and the Client agrees to
indemnify and hold all NRI affiliates, or their employees, servants,
contractors, agents or sub‑agents harmless against all damages, losses,
expenses, claims, actions, suites, proceedings or demands of any kind upon
it arising from any action undertaken by NRI in response to any Client
instructions or from the Client's use of any program on, or information
obtained from, this website or directly linked related websites.
4.6
The Client acknowledges that NRI may decline to accept instructions
from the Client at NRI's sole discretion.
Back to Top
5.
Payment Terms
5.1
The Client agrees to pay fees, charges and disbursements for debt
recovery and/or legal process and/or investigative services as specified in the schedule of
fees and acknowledges that they have read and understood same.
5.2
The Client agrees that terms of trading with NRI are strictly 7
days net and that an account exceeding this term may be treated as an
unpaid debt and therefore subject to recovery fees, charges and
disbursements at the rates outlined in the NRI
schedule of fees.
5.3
Where a Client's account remains unpaid for a period of 1 calendar
month from the date of invoice, NRI reserves its right to charge a late
payment administration fee (which is currently set at 5% per annum + GST
of the outstanding amount) applied daily to the outstanding balance
(exclusive of GST) for each calendar month or part thereof that the
balance is outstanding.
5.4
If recovery action against the Client is necessary to recover the
amount of any unpaid invoice, the Client will also be liable for the
applicable payment collection fee specified in the
schedule of fees and
this additional amount will be added to the total owed by the Client.
5.5
Where a Client has selected the Silver or Gold skip tracing service for a
base fee, the Client specifically acknowledges that NRI cannot guarantee a
result within such budget. In the event a subject is not located within
the parameters of the Silver or Gold service, the Client will be provided
with a written report of the investigation, an invoice for the non‑find
fee amount and the Client may then choose to upgrade the matter to
Platinum
service at the applicable additional cost invoiced on a successful result
only (The Client also understands that once instructions are actioned, under any service agreement between the Client and
NRI, it is subject to the charges applicable in the
schedule of fees and
any other incurred disbursement fees where applicable [such as legal
fees], whether part payment is recovered or whether withdrawn, compromised
or settled direct by the Client).
5.6
The Client acknowledges that the Terms of Trading also apply to any
transaction between NRI and the Client and it is the responsibility of the
Client to have read, understood and agreed to the Terms of Trading before
engaging the services of NRI.
Back to Top
6.
Availability of website and online services
6.1
NRI will use all reasonable efforts to ensure that this website and
the NetCollect™ database are available to Client at all
times. However, NRI cannot guarantee that the website or the NetCollect™
database will be available or functioning correctly at all times. The
Client acknowledges to NRI that NRI is not responsible for any damages
caused to the Client by the Client's inability to access NRI's website or
databases.
6.2
NRI will use all reasonable efforts to ensue that this website and
the NetCollect™ database is free of viruses, bugs, worms and
all computer software routines that may cause damage to NRI's website or
databases or to the Client's data or computer software or systems. NRI
cannot guarantee that NRI's website or databases will be at all times free
of such computer software routines and the Client acknowledges that the
Client uses NRI's databases and website at the Client's own risk.
6.3
The Client acknowledges that the Client must take its own
precautions to prevent loss or damage from material obtained from the
internet including, without limitation, firewalls or virus protection
software to assist the Client to protect the Client's data.
6.4
NRI is not liable for any loss, damage, corruption, incorrect
delivery or alternation of any material transmitted over the internet,
including from this website or from the NetCollect™ database. The Client
takes all responsibility for any transmissions over the internet,
including responsibility for any viruses the Client may receive by
downloading material from the internet and these web pages.
Back to Top
7.
Disclaimer
7.1
While NRI takes reasonable care to ensure that all information
contained on this website or on brochures accessible through this website
is both accurate and complete, NRI does not provide any warranties of any
kind, express or implied, to the extent permitted by law, including, but
not limited to any implied warranties of merchantability or fitness for
purpose of any information or services offered through this website,
including, without limitation, the online NetCollect™ debt
collection system. For these warranties that cannot be excluded, NRI’s
liability is limited to the resupply of material or services or the cost
of resupply of the material or services at the sole discretion of NRI.
7.2
NRI will not be liable for any consequential, incidental or special
damage resulting from any use or reliance on information contained in this
website.
7.3
The Client acknowledges the limitations referred to in paragraphs
5.1 and 5.2 of these Terms & Conditions.
7.4
This website contains links to other businesses and organisations. NRI has obtained the consent of these organisations for the links to
appear on this website. These links do not imply any endorsement or
approval of those websites or the business or activities of those
organisations. NRI cannot control any content of any of the linked
websites and is not responsible for any information contained on those
linked websites.
Back to Top
8.
Privacy
8.1
NRI's privacy statement does not apply to any external websites
which are linked from NRI's website. Please refer to the privacy
statement on the linked website for terms relating to use of that website.
8.2
Information on NRI’s website is gathered in two ways:
(a)
By way of Internet access logs
When a Client accesses the NRI website, the Client’s
Internet address, the Client’s computer's operating system, the web
browser version being used, the time the request is made, which Internet
search engine and which keyword used to find NRI, each page visited and
how long each page is open is automatically collected and is placed in
NRI’s Internet access logs.
(b)
By way of cookies
(1)
When certain forms are completed and submitted through the NRI
website, cookies are automatically generated and collected by NRI. Cookies are small files, which save and retrieve information about visits
to NRI’s website and are used to enhance a Client’s visit to NRI’s
website. NRI does not use this information to identify the user, but
merely to track, monitor and analyse usage of the website (for example,
the most popular pages, how long website users spend on each page,
movements from one page to another) in order to update and improve the
website based on the marketing information analysis of this information
provides.
(2)
To avoid the use of cookies, cookies can be filtered or disabled by
changing the security settings on the user’s computer however, if the
security settings are set to "high" or if the user has disabled cookies,
some features on NRI’s website will not operate correctly.
8.3
The information logged from the NRI website is used by NRI solely
to ascertain how the website can be improved. NRI does not use web logs
to identify any individual except if NRI has just reason to believe that
someone is using the website improperly or if NRI is legally compelled to
do so by a court order.
8.4
If the Client provides any information about itself or its
customers through NRI's website (for example, email addresses), NRI will
use this information solely for the purposes of providing relevant
material and services to the Client.
8.5
NRI will not use any information provided by the Client, whether
directly or indirectly for any marketing to the Client without specific
permission, nor will NRI provide the Client's information (or the Client's
customer information) to third parties not affiliated with NRI unless
compelled by law to do so. Information will be provided to NRI's
affiliates where NRI's affiliates are providing services to the Client on
behalf of NRI.
8.6
NRI will ensure, so far as is reasonable in the circumstances, that
security precautions are in place at NRI’s office to ensure this
information is not misused. By submitting personal information to NRI
through the use of the various forms found on NRI's website, such as
names, mailing addresses, email addresses, telephone numbers or credit
card numbers, the Client acknowledges that, whilst NRI takes steps to
maintain a high level of security on and through NRI's website, the open
nature of the Internet means that information may flow over networks
without security measures and may be accessed and used by persons other
than those for whom the information was intended. Should this be of
concern, the Client should use another method of communication such as
mail, facsimile or telephone.
8.7
NRI offers users the ability to correct or change the information
collected during registration for any interactive area (see above).
Website users may change this information at any time and as often as
necessary. Website users who are experiencing problems or who have any
questions about how this works should contact us at
inbox@debtcollections.com.au.
8.8
Users may unsubscribe to any of NRI’s electronic services at any
time. Currently, NRI does not offer users an automated means by which to
completely delete personal information established at the time of
registration for any of our interactive areas. Users wishing to be
completely deleted from mailing lists or databases may contact NRI
directly at
inbox@debtcollections.com.au and we will manually delete all
information as requested.
8.9
Should you wish to raise any privacy concerns about NRI's website
or notify us of a potential breach of privacy, please contact NRI by email
at
privacy@debtcollections.com.au.
Back to Top
9.
Complaints
9.1
If the Client or a third party has a complaint about any action by
NRI (such as how private information has been handled by NRI), the
following will occur:
•
the Complaint is processed free of charge;
•
the Complaint must be in writing (ie: not in electronic
form), marked and posted as follows:
•
Complaints are to be sent by post to GPO Box 2664 Adelaide
SA 5001 and must include your return postal address;
•
Complaints against NRI's affiliates, contractors or
sub‑agents will only be heard and/or responded to by NRI if the complaint
relates to a matter where the company National Recoveries & Investigations
(NRI) Pty Ltd is in direct control [ie: an instruction received
electronically via this website, or by mail or fax directly to National
Recoveries & Investigations (NRI) Pty Ltd]. No responsibility is taken for
instructions submitted to NRI's affiliates, contractors or
sub‑agents where the company National Recoveries & Investigations (NRI)
Pty Ltd is not in control and/or has no knowledge or awareness of the
instruction;
•
NRI will determine a resolution of the Complaint within ten
(10) business days of receiving the Complaint;
•
NRI will communicate their decision by post to you giving
general reasons for the decision.
|