These terms and conditions document the agreement between InDebted (“InDebted”, “us”, "we”) and You (“you”, your”) whereby you agree to enter into a payment plan to repay the monies owing to your creditor (“creditor”).
You owe to the creditor the balance of your overdue amount (the “balance”) and you agree to repay the balance by entering into the agreed payment plan that you nominated on our online payment portal services in accordance with these payment terms and conditions (“terms and conditions”).
You agree to make payment amounts nominated and made by you as payment of the balance outstanding to the creditor until the balance is repaid in full.
Nominated payments will be deducted from your nominated account for the agreed amount via the method nominated by you.
By entering into this payment plan you acknowledge and agree to be bound by these terms and conditions as outlined below. We also agree to be bound by these terms and conditions. If there is any inconsistency between these terms and conditions and any other terms set out on our website, these terms and conditions will prevail with respect of your payment arrangement (except as expressly contemplated by these terms and conditions).
1. Acknowledgement of the Balance
You agree that you acknowledge that the amount stated within the payment plan is the amount owed to your creditor as the full payment amount of the outstanding balance.
2. Registration for our Online Services
In summary, InDebted’s online services allows you to register with InDebted online and enter into a payment plan to repay your balance that you owe to your creditor.
3. Account Security
You are responsible for maintaining the security of your access to our online services. We will not take responsibility for unauthorised access and use of your online services unless such unauthorised access or use was caused by our failure to take reasonable steps to prevent such access and use.
4. Authority to Act for You
You authorise us to do the following:
- use your personal information/personal data to make enquires regarding your financial situation, to better ascertain the most appropriate and beneficial way to provide our services to you;
- negotiate a payment plan with your creditor on your behalf;
- make arrangements for you to make payments to your creditor in accordance with the payment plan; or
- provide you with regular updates relating to your payment plan.
5. Payment plan
- You agree that we will make arrangements with you to repay your creditor in accordance with the payment plan in place.
- We will have payment records which we will provide to you and your creditor in relation to your balance.
- You agree that the amount specified in the payment plan will be paid to your creditor for the payment instalment of your balance for the period specified in the payment plan until the total outstanding balance is repaid in full.
- All instalments under your payment plan must be paid on or before the due date and you need to ensure that there are sufficient funds available in the nominated account to meet the instalment payments.
- As part of the payment plan, you will provide details of your debit or credit card or nominated bank account from which payments are to be made by you in respect of your balance owing to your creditor. By providing those details, you agree to InDebted (or InDebted’s agent) establishing a payment plan against that debit or credit card or bank account details on the terms of the Direct Debit Request and Direct Debit Service Agreement attached to these terms for the amounts payable by you under the agreed payment plan.
- InDebted will automatically deduct payments due on the scheduled dates in accordance with your payment plan and the Direct Debit Service Agreement. Subject to these terms and the terms of the Direct Debit Request Service Agreement, you hereby expressly consent to, authorize and instruct InDebted to deduct the payment amounts from the debit or credit card or bank account nominated by you in your account details. You may update or change your preferred debit or credit card or bank account details at any time by your online services or by contacting us. You must ensure that you have sufficient funds available on the debit card or nominated bank account by you in order to make the payments due on the due date for payment specified in the payment plan.
- You are liable for any fees or charges imposed by your debit or credit card or bank account provider except to the extent that they are imposed as a result of our error or system failure. If the automatic payment process fails (for example because your debit card has expired) a late fee may be applied by your creditor or debit or credit card or bank account provider unless you otherwise make the payment on or before the relevant due date. You authorise us to debit your debit or credit card or bank account at a later time or date to deduct the agreed payments under the payment plan.
- You will receive payment reminders of your payment plan via email.
- Where a payment option is given to you with respect of payment plan, you may choose to make payment by way of:
- Debit Card Payment;
- Credit Card Payment (where allowed in those jurisdictions) or
- Direct Debit.
- All payments made in the course of your use of the services are made using Stripe. In using the website, the services or when making any payment in relation to your use of the services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on the Stripe website.
- You acknowledge and agree that where a request for a payment is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the payment.
- If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.
7. Refund Policy
InDebted will only provide you with a refund of the payment in the event that we are unable to continue to provide the online services, you have made an overpayment or if InDebted determines in its absolute discretion that it is reasonable to do so under the circumstances.
8. Failure to make payments
If you fail to make a specified payment on the payment date, there is a risk that the payment plan will be cancelled, and you may incur additional fee and charges from your creditor.
9. Contact whilst on a payment plan
While an arrangement is in place, we will not contact you unless:
- you ask us to;
- we wish to propose a genuine alternative arrangement to benefit you;
- we agreed that the payment plan arrangement was made subject to review; or
- you do not comply with the terms of the agreed payment plan.
10. Changes to this plan
No changes will be made unless a new payment plan is entered into. Any prior arrangements made in writing or orally are superseded by the current payment plan.
11. Your Obligations
By using InDebted’s online services, you agree that you must:
- not provide us with information which is false or misleading or inaccurate;
- provide and update your contact details through your online services or preferred method of contact;
- not use the online services for any unlawful, fraudulent or improper activity;
- cooperate with us fully to investigate any suspected unlawful fraudulent or improper activity with respect of your use of the online services;
- not give access to your online services to anyone; and
- contact us immediately if you believe that your use of the online services is subject to any unauthorised activity, fraudulent activity or security breach.
You acknowledge and agree, in respect of InDebted, and its respective employees, directors, officers, related bodies corporates, agents and contractors (together, relevant persons), that none of the relevant persons will be liable in respect of:
- any failure to provide the service; or
- any failure to comply with these terms and conditions, if the failure or non-compliance is caused by events beyond its reasonable control.
To the maximum extent permitted by law, InDebted will not be liable for any loss or damage which you incur as a result of the online services and or the website being unavailable.
InDebted will not be responsible or liable to you for any indirect, or consequential injury, loss or damage to you or your property whatsoever or howsoever arising.
Nothing in this clause or these terms limits any rights you may have under law with respect of any applicable any competition and consumer legislation.
You have agreed to receive all communications from us in electronic form. Communications (including any amendments to the payment plan and these terms and conditions) will also be provided to you (subject to privacy legislation compliance) in any of the following ways by notice:
- posted on our website (where permitted under these terms and conditions); or
- being sent to your email address;
- sent via SMS; or
- via other digital methods of communication.
We will to the best of our ability, strive to provide you with services that exceed your expectations. However, if at times, you feel that you are not satisfied with our performance in any way, you can contact us via the 'Contact Us' link on our website.
If an issue has not been resolved to your satisfaction, we will handle your complaint in accordance with our complaints policy on our website.
15. Amendments to these terms and conditions
InDebted may amend these terms and conditions and the way in which InDebted provides the online services, at any time by notice on the InDebted website. You should check the InDebted website regularly. Any such amendments will apply from the date stated on InDebted’s website.
These terms and conditions will be available to you to view on InDebted’s website.
We will not give any advance notice where an immediate change to the service or these terms and conditions is required by law or is necessary to restore or maintain the security of our systems or our website.
You may not transfer or assign any of your rights or obligations under these terms and conditions without InDebted’s prior consent.
InDebted may transfer or assign all and any of its rights and obligations under these terms and conditions to any person, without requiring your consent.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
18. Governing Law
These terms and conditions shall be governed by and construed in accordance with the laws where the services are being provided to you or the website that you are accessing, if you are accessing the:
- Australian website – www.indebted.co, then Australian law will apply depending on the State or Territory that you reside in or applicable to the services;
- New Zealand website – www.indebted.co/en-nz then New Zealand Law will apply;
- Canadian website – www.indebted.co/en-ca then Canadian law will apply depending on the Province or Territory that you reside in or applicable to the services;
- United States of America website – www.indebted.co/en-us, then US law will apply depending on the State that you reside in or applicable to the services; and
- United Kingdom website – www.indebted.co/en-uk, then UK law will apply depending on where in the United Kingdom you reside in or applicable to the services.
Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of the applicable jurisdiction as outlined above.
In these terms:
- headings are inserted for ease of reference only, and do not affect the interpretation of these terms;
- references to you or your means the customer;
- references to the singular include the plural and vice versa;
- references to a person include an individual, company, corporation, partnership, firm, joint venture, association, trust, unincorporated body of persons, governmental or other regulatory body, authority or entity, in each case whether or not having a separate legal identity;
- reference to any party includes its permitted assignee or transferee;
- any reference to InDebted includes any entity appointed to replace it;
- reference to the “liability” of a person include references to its liability under any cause of action, whether in contract, tort, or equity or under any enactment;
- references to any document (however described) are references to that document as modified, novated, supplemented, varied or replaced from time to time and in any form, whether on paper or in an electronic form; and
- a reference to any legislation is a reference to that legislation as amended or replaced from time to time, and includes any regulations or legislative instrument made under it.
20. Statutory and regulatory disclosures
We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
These terms and conditions are Version 2.1, dated 13 August 2021.