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Terms & Conditions of Use

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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

 
 

Copyright © 2006 National Recoveries & Investigations (NRI) Pty Ltd ABN 99 096 699 786 (Member of The Institute of Mercantile Agents). Trade mark of National Recoveries & Investigations (NRI) Pty Ltd. All rights reserved. No content may be copied without permission. Terms & Conditions of Use.