Terms of Service

Terms of Service

1. Background
   1. This Terms of Service Agreement (“Agreement”) is entered into between the client identified through the online onboarding process (“Client”) and InDebted Australia Pty Ltd ACN 613 132 951 (“InDebted”), Level 24, Three International Towers, 300 Barangaroo Ave, Barangaroo, NSW 2000, Australia.
   2. This Agreement sets out the terms and conditions on which InDebted will provide debt recovery services to the Client. By agreeing to this document electronically, the Client acknowledges having read and accepted all the terms and conditions set out herein.
2. Services
   1. InDebted will provide third-party debt recovery services on behalf of the Client (“Services”) to recover unpaid debts submitted by the Client.
   2. The Services will include:
      1. Digital communication with debtors, including via SMS, email and self-service online portals;
      2. Providing support through live chat upon debtor request;
      3. Issuing settlement or repayment offers, as authorised by the Client;
      4. Providing reasonable reporting on recoveries.
   3. InDebted will act as an independent third-party and not as the Client’s employee or legal representative.
3. Process
   1. The Client may submit accounts for recovery by uploading them to InDebted via the online platform or other channels approved by InDebted.
   2. The Client agrees to follow all applicable file submission protocols and data formatting standards specified by InDebted.
4. Payment
   1. The Client agrees to pay InDebted a commission of 25% (exclusive of GST) on any amount successfully recovered from a Debtor.
   2. A debt is considered recovered regardless of whether the funds are paid directly to the Client or to InDebted.
   3. InDebted will issue invoices by the 10th day of each month for Services performed in the prior month. The Client must pay the invoiced amount within 30 days of the invoice date.
   4. Where Recovered Debt is paid to InDebted, funds will be remitted to the Client net of commission. Where Recovered Debt is paid to the Client, InDebted will invoice for the full commission amount.
   5. Interest will accrue at a rate of 10% per annum (calculated daily, compounding monthly) on unpaid invoices.
   6. If any Account is recalled by the Client after a recovery has been made or is in progress, InDebted reserves the right to invoice and collect the full commission on the total debt amount.
   7. All payments must be made without any withholding unless required by law. If required, the Client agrees to gross-up payments so InDebted receives the full amount as if no deduction had occurred.
5. Client warranties
   1. The Client represents and warrants that:
      1. It is a legally registered business with a valid ABN;
      2. All debts referred to InDebted are legitimate, legally enforceable, and arise from commercial transactions (e.g. unpaid invoices, services rendered, membership dues);
      3. Debts are not subject to unresolved disputes, hardship claims, or expected to become statute barred within 6 months of referral;
      4. All relevant consents have been obtained to allow InDebted to contact the Debtors via SMS, email, and other digital channels;
      5. The Client is authorised to recover the debts and is not aware of any legal restrictions or insolvency issues affecting the Debtors.
6. Privacy and data
   1. Both Parties agree to comply with applicable Privacy Laws in connection with the handling of personal information.
   2. The Client must:
      1. Provide all debtor data via secure methods as requested by InDebted;
      2. Ensure all necessary consents are obtained for data sharing and electronic communication;
      3. Notify InDebted of any suspected or actual data breaches without undue delay.
   3. InDebted may use anonymised and aggregated data to improve its Services.
7. Intellectual property
   1. Each Party retains ownership of its pre-existing intellectual property.
   2. InDebted is granted a non-exclusive, revocable licence to use the Client’s materials solely for the purpose of providing the Services.
   3. All rights to reports and recovery data prepared under this Agreement will remain with the Client.
8. Termination
   1. Either Party may terminate this Agreement by giving 30 days’ written notice.
   2. InDebted may terminate immediately if:
      1. The Client fails verification or onboarding;
      2. The Client breaches any material provision of this Agreement.
   3. Upon termination:
      1. All outstanding commissions and invoices become immediately due;
      2. InDebted may continue to service any active repayment arrangements and charge commission accordingly.
9. Confidentiality
   1. Both Parties must treat all non-public information shared under this Agreement as confidential.
   2. Confidential information must not be disclosed to third parties except as required by law.
10. Marketing
    1. The Client agrees that InDebted may use its name and logo in promotional materials, marketing collateral, or public websites unless the Client notifies InDebted in writing that it does not consent.
11. Governing Law
    1. This Agreement is governed by the laws of Australia, and each Party submits to the exclusive jurisdiction of the courts of the Commonwealth of Australia and the courts of any State or Territory as applicable.
12. Liability
    1. To the extent permitted by law, InDebted will not be liable for any indirect, incidental, special, or consequential loss or damage arising from or in connection with this Agreement, whether in contract, tort (including negligence), statute, equity or otherwise.
    2. InDebted’s total liability for any claim relating to this Agreement is limited to the total commission fees paid by the Client in the 12 months prior to the event giving rise to the claim.
13. Indemnity
    1. The Client agrees to indemnify and hold harmless InDebted against any claim, liability, loss, or expense arising from:
       1. The referral of inaccurate, incomplete, or unenforceable debt accounts;
       2. Breach of any warranties or representations under this Agreement;
       3. The Client’s failure to comply with applicable laws or obtain appropriate debtor consents.