TRADE COLLECT
Terms & Conditions of Service Debt Recovery Services for Trade Businesses
Service Provider
ABN / ACN
Contact Email
Contact Phone
Effective Date
Governing Jurisdiction
Trade Collect
23 614 234 182
info@tradecollect.com.au
(02) 7255 9987
01/05/2026
Australia/New Zealand
Part A — Plain-English Client Summary
This summary is provided for convenience only. It is not part of the legally binding agreement. If there is any inconsistency between this summary and Part B (Formal Terms & Conditions), Part B prevails.
What Trade Collect does
Trade Collect helps trade businesses (electricians, plumbers, builders, HVAC, civil, landscapers and similar trades) recover unpaid invoices from their customers (debtors). We focus on protecting your customer relationship wherever possible. Our first contact with your debtor is professional, respectful and non-aggressive. Legal escalation is a last resort.
How we work
You instruct us in writing to act on a specific debt or list of debts.
You give us accurate information: invoices, contact details, payment history, contracts/terms of trade, dispute history and any related communications.
You confirm the debt is genuinely owed, payable, and not already paid or settled.
We make first contact with your debtor in a courteous, business-like way — usually by phone, email or letter. If the debt is not resolved through that approach, we will discuss next steps with you before escalating.
We only escalate to legal action, external lawyers, courts, tribunals or other third-party providers with your written instruction.
How we charge
We typically charge commission based on how overdue the debt is at the date you place it with us. Our standard structure is:
Age of debt at placement
1 – 30 days overdue
31 – 60 days overdue
61 – 90 days overdue
91+ days overdue
4%
8%
25%
50%
Commission is normally only payable on amounts actually recovered (no recovery, no commission), unless we agree otherwise in writing.
We may also charge admin fees, setup fees, legal referral fees, or pass on disbursements (such as court filing fees, process server fees, or external lawyer fees) — but only if clearly agreed in writing in advance.
All fees are exclusive of GST unless stated otherwise.
Your responsibilities in a nutshell
Give us accurate, complete information.
Tell us within 2 business days if the debtor pays you directly (or anyone else on your behalf), raises a dispute, enters external administration, or contacts you about the debt.
Do not contact the debtor independently in a way that contradicts or undermines our recovery process while we are acting.
Do not settle, compromise or write off the debt privately without telling us — our commission is still payable on what's recovered.
Pay our fees and any agreed disbursements when invoiced.
“Deemed recovery” — important
Once we start work on a debt, we earn our commission on anything recovered from that debtor — whether the money lands in our account, your account, or somewhere else, and whether or not the debtor uses our payment reference. This includes situations where:
the debtor pays you directly without telling us;
you settle the matter with the debtor privately;
you withdraw the file after we have already contacted the debtor;
the debtor pays via insolvency dividend, set-off, or in non-cash form (e.g. goods or services); or
payment is made by a guarantor, related party, or any other person on the debtor's behalf.
We aim to be commercially reasonable. If you can show that a payment was genuinely unrelated to our work, we will discuss it with you. But the default position is that any payment received after we start work is treated as recovered through us.
Things to know
We can never guarantee recovery — outcomes depend on the debtor's ability and willingness to pay.
We comply with Australian law, including the ACCC/ASIC Debt Collection Guideline, the Privacy Act 1988 (Cth), and the Australian Consumer Law.
We treat your information confidentially and handle personal information in line with our Privacy Policy.
Either party can end the agreement under the conditions in clause 18 — but commission may still be payable on debts already placed with us in certain circumstances (see clause 8).
If anything in Part B is unclear, please ask us before signing. We strongly recommend you obtain your own legal and accounting advice.
Part B — Formal Terms & Conditions
Parties: These Terms apply between Trade Collect (a trading name of Trade Collect ABN 23 614 234 182 of 222 Lava St Warrnambool 3280 (“Trade Collect”, “we”, “us”, “our”), and the Client identified in Schedule 4 (“Client”, “you”, “your”).
Effect: These Terms govern the provision of debt recovery services by Trade Collect to the Client. They apply to each Debt the Client places with Trade
1. Definitions
In these Terms, unless the context otherwise requires:
"Agreement" means these Terms together with each Authority to Act, Debt Submission Form, Special Conditions and any quote, fee schedule or written variation accepted by the Client.
"ACL" means the Australian Consumer Law as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth).
"Authority to Act" means the written authority signed by the Client appointing Trade Collect to act in respect of one or more Debts (Schedule 1).
"Business Day" means a day other than a Saturday, Sunday or public holiday in the Jurisdiction.
"Client" means the person, partnership, company or other legal entity identified as the Client in Schedule 4 of this Agreement.
"Commission" means the percentage-based fee payable by the Client to Trade Collect on amounts Recovered, as set out in clause 7 and Schedule 4.
"Debt" means a monetary amount owed to the Client by a Debtor that the Client has placed with Trade Collect for recovery, including interest, late fees, recovery costs and any other amount lawfully recoverable.
"Debtor" means the natural person or legal entity from whom the Debt is sought to be recovered.
"Debt Submission Form" means the form in Schedule 2 (or any electronic equivalent provided by Trade Collect) submitted by the Client in respect of a Debt.
"Disbursements" means out-of-pocket costs reasonably incurred by Trade Collect on the Client's behalf in providing the Services, including court filing fees, process server fees, search fees, skip-tracing fees, external legal fees and similar costs.
"GST" has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
"Jurisdiction" means the State or Territory of Australia identified in Schedule 4.
"Legal Escalation" means action involving external lawyers, courts, tribunals, mediators, arbitrators, insolvency practitioners or other Third-Party Providers, including issuing letters of demand on legal letterhead, commencing proceedings, enforcement steps, bankruptcy or wind-up action.
"Personal Information" has the meaning given in the Privacy Act 1988 (Cth).
"Privacy Act" means the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
"Recovered or Recovery" means any amount in respect of a Debt that is paid, credited, set off, written down, capitalised, compromised, settled (including by instalment, deed, or replacement agreement), satisfied by non-cash consideration, or otherwise discharged in whole or in part — whether paid or provided to Trade Collect, to the Client, to a related entity of the Client, to a Third-Party Provider, or to any other person on the Client's behalf or at the Client's direction — after the Debt has been placed with Trade Collect, and includes amounts deemed to have been Recovered under clause 9.
"Services" means the debt recovery and related services described in clause 3 and any Special Conditions.
"Special Conditions" means the conditions (if any) set out in Schedule 3 or otherwise expressly agreed in writing between the parties, which prevail over inconsistent provisions in these Terms.
"Third-Party Provider" means any external supplier engaged by Trade Collect or referred by Trade Collect in connection with the Services, including external lawyers, mercantile agents, process servers, skip-tracers, search providers, mediators, and field-call agents.
"Terms" means these Terms & Conditions, as amended from time to time.
Singular includes plural and vice versa. Headings are for convenience only.
2. Appointment and Authority to Act
The Client appoints Trade Collect, on a non-exclusive basis (unless otherwise agreed in writing), to perform the Services in respect of each Debt placed under an executed Authority to Act.
The appointment takes effect when Trade Collect receives a signed Authority to Act and accepts the Debt for action. Trade Collect may decline to accept any Debt at its discretion, including where the Debt appears time-barred, disputed, fraudulent, or commercially unviable to pursue.
The Client authorises Trade Collect to: (a) communicate with the Debtor about the Debt; (b) negotiate payment arrangements within reasonable commercial parameters; (c) issue letters of demand and reminder communications; (d) accept payment of the Debt on the Client's behalf into a Trade Collect trust or operating account (subject to clause 9); (e) instruct Third-Party Providers as required to perform the Services; and (f) take any other reasonable step necessary or incidental to the recovery of the Debt.
Trade Collect will not commence Legal Escalation, settle a Debt for less than the full amount, or write off any portion of a Debt without the Client's prior written instruction (which may be given by email).
3. Scope of Services
The Services may include:
debt validation and pre-action review;
first-contact communications with the Debtor by telephone, email, SMS and letter;
issuing reminder notices and letters of demand;
negotiating settlement and payment plan arrangements;
skip-tracing and locating Debtors where contact details are out of date;
conducting credit and asset searches (where lawful and instructed);
liaising with the Client and the Debtor on disputes;
instructing or referring matters to Third-Party Providers for Legal Escalation; and
such other services as the parties agree in writing.
The Services do not include the provision of legal advice. Trade Collect is not a law firm and will not act as the Client's legal representative in any court or tribunal proceedings.
Trade Collect may, at its discretion, decline to take any specific recovery step where it considers the step is unlawful, unethical, contrary to the ACCC/ASIC Debt Collection Guideline, or likely to expose Trade Collect or the Client to material reputational or legal risk.
4. Relationship-Focused Recovery Approach
Trade Collect will, wherever commercially reasonable, adopt a professional, respectful and non-aggressive first-contact approach designed to preserve the commercial relationship between the Client and the Debtor.
Trade Collect will:
treat Debtors with courtesy and avoid abusive, threatening, harassing or misleading conduct;
provide accurate information about the Debt and its basis;
respect requests by Debtors for reasonable verification of the Debt;
offer, where appropriate, payment plan options that are realistic for the Debtor's circumstances; and
treat Legal Escalation as a step of last resort, taken only with the Client's written instruction.
Nothing in this clause limits Trade Collect's right to escalate where the Debtor refuses to engage, makes no genuine attempt to pay, conducts the matter in bad faith, or where the limitation period or commercial circumstances reasonably require prompt action.
5. Client Warranties and Obligations
The Client warrants and represents on a continuing basis that:
each Debt placed with Trade Collect is genuine, valid, due and payable, is not statute-barred, and has not already been paid, settled, written off or assigned to a third party;
the Client has full legal authority to instruct Trade Collect in respect of each Debt;
all information provided to Trade Collect (including invoices, statements, contracts, terms of trade, payment history, dispute history, contact details, and communications with the Debtor) is true, accurate, complete and not misleading;
the Client has complied with its own obligations under any contract giving rise to the Debt and is not in material breach of those obligations;
the Client has obtained all consents and authorisations (including under the Privacy Act) necessary for Trade Collect to handle Personal Information disclosed to it for the purposes of the Services; and
the Client has not, and will not while Trade Collect is acting, engage another collection agent in respect of the same Debt without disclosing this to Trade Collect in writing.
The Client must:
promptly provide all documents and information reasonably requested by Trade Collect;
notify Trade Collect, in writing, within two (2) Business Days of becoming aware of any of the following: (i) the Debtor (or any person on the Debtor's behalf) paying or offering to pay any amount in respect of the Debt to the Client or any related entity of the Client; (ii) the Debtor raising a dispute, complaint or counterclaim; (iii) the Debtor proposing or agreeing a payment arrangement, settlement or compromise; (iv) the Debtor or the Client agreeing any set-off, write-down or non-cash satisfaction of the Debt; (v) any direct contact between the Client and the Debtor regarding the Debt; or (vi) the Debtor entering external administration, bankruptcy, scheme of arrangement, deed of company arrangement, or any similar process;
not contact, threaten, harass or take recovery action against the Debtor in a manner that conflicts with, undermines or duplicates the Services while Trade Collect is acting;
respond to Trade Collect's requests for instructions within a reasonable time;
pay Trade Collect's invoices in accordance with clause 7; and
act in good faith and not direct Trade Collect to take any step that is unlawful, misleading or contrary to the ACCC/ASIC Debt Collection Guideline.
6. Debtor Disputes
If the Debtor raises a genuine dispute (whether in whole or in part) about the Debt, Trade Collect may suspend recovery activity in respect of the disputed amount and notify the Client.
The Client must promptly provide Trade Collect with all information reasonably required to assess the dispute, including any contracts, communications, scope of works, variations, defect notifications, and evidence of completion.
Trade Collect may, in its discretion, decline to continue acting on a Debt where the Client cannot substantiate the Debt, where the dispute is not capable of resolution by negotiation, or where pursuing the Debt would in Trade Collect's reasonable view contravene the ACCC/ASIC Debt Collection Guideline (which discourages collection action on disputed amounts that lack reasonable basis).
If a Debt is found (whether by agreement, by determination of a court or tribunal, or otherwise) not to be owing in whole or in part, the Client remains liable to Trade Collect for any Disbursements properly incurred and any Commission already earned on amounts properly Recovered.
7. Fees, Commission, GST and Payment Terms
The Client must pay Trade Collect:
Commission, calculated on the amount Recovered in respect of each Debt, at the percentages set out in Schedule 4 (or, if no percentages are specified, the indicative structure below);
any setup fee, administration fee, monthly portal fee or legal referral fee specified in Schedule 4 or otherwise agreed in writing;
Disbursements; and
any other fees expressly agreed in writing.
Indicative Commission structure (subject to Schedule 4):
Age of debt at placement
1 – 30 days overdue
31 – 60 days overdue
61 – 90 days overdue
91+ days overdue
4%
8%
25%
50%
Commission is calculated on the gross Recovery (including any interest, fees, costs and other amounts forming part of the Debt) before deduction of any expenses, unless Schedule 4 says otherwise.
Unless Schedule 4 provides otherwise, Commission is payable only on amounts actually Recovered (“no recovery, no commission”). Setup fees, administration fees, legal referral fees and Disbursements are payable regardless of whether any Recovery is achieved.
All fees are exclusive of GST. The Client must pay GST on any taxable supply at the same time, and in the same manner, as the underlying fee. Trade Collect will issue a tax invoice for each amount payable.
Trade Collect's invoices are payable within seven (7) days of the invoice date, unless otherwise agreed in writing. Where Trade Collect has Recovered funds on the Client's behalf, Trade Collect may deduct its fees and Disbursements from those funds before remitting the balance to the Client.
Overdue amounts payable by the Client to Trade Collect bear interest at the rate prescribed under the Penalty Interest Rates Act 1983 (Vic) or the equivalent legislation in the Jurisdiction (or, if no such rate applies, at 10% per annum), calculated daily and compounding monthly.
Trade Collect may recover from the Client all reasonable costs (including legal costs on a solicitor and own-client basis) of recovering overdue amounts from the Client.
8. When Commission Becomes Payable
Commission is earned and payable in respect of any Recovery (including any deemed Recovery under clause 9) occurring after a Debt has been placed with Trade Collect, regardless of who receives the payment, the form the payment takes, or whether any payment reference nominated by Trade Collect is used.
Without limiting clauses 8.1 or 9, Commission is payable where:
the Debtor pays the Client (or any related entity of the Client) directly after the Debt has been placed;
the parties agree a settlement, instalment plan, set-off, write-down, capitalisation or compromise (Commission applies to each instalment as and when paid, or, if Trade Collect elects, to the full settled sum on settlement);
the Debt is satisfied by the supply of goods, services or other non-cash consideration (valued at the agreed amount or fair market value);
the Debt is paid via insolvency dividend, scheme distribution, or proof of debt;
the Client withdraws the Debt, or terminates this Agreement, after Trade Collect has contacted (or attempted to contact) the Debtor, and any Recovery occurs at any time thereafter; or
the Debt is Recovered after termination, where the Debtor was contacted by Trade Collect during the engagement and payment occurs within ninety (90) days after termination, or where Recovery is otherwise materially attributable to Trade Collect's actions during the engagement.
Commission is not payable on amounts that the Client and Trade Collect agree in writing to write off, except to the extent (if any) Schedule 4 provides otherwise.
If the Client withdraws a Debt without reasonable cause after Trade Collect has commenced action, Trade Collect may charge a withdrawal fee equal to the Commission that would have been payable on the full Debt amount, or a fixed administrative fee, as set out in Schedule 4. This is in addition to any Commission payable on amounts subsequently Recovered under clause 8.2(e).
9. Deemed Recovery, Direct Payment and Notification
10. Legal Escalation and Third-Party Providers
Legal Escalation will only be undertaken with the Client's prior written instruction. Trade Collect will provide the Client with a reasonable estimate of expected costs and steps before escalation begins.
Where Legal Escalation involves a Third-Party Provider, the Client agrees that:
Trade Collect may share necessary information about the Client and the Debt with that Third-Party Provider;
the Third-Party Provider acts on its own terms of engagement (which may apply directly to the Client) and Trade Collect is not responsible for the acts or omissions of any Third-Party Provider, save to the extent such liability cannot be excluded at law;
the Client is responsible for paying the Third-Party Provider's fees and disbursements (whether directly or as Disbursements through Trade Collect); and
Trade Collect may receive a referral fee or commission from a Third-Party Provider, which will be disclosed to the Client where required by law.
Trade Collect may decline to refer a matter for Legal Escalation where, in its reasonable opinion, the matter has limited prospects of recovery, the Debt is too small to economically pursue, or escalation is not appropriate.
11. No Guarantee of Recovery
Trade Collect does not guarantee the recovery of any Debt in whole or in part. Recovery depends on factors outside Trade Collect's control, including the Debtor's solvency, willingness to pay, location and conduct.
Any forecast, estimate, recovery rate, statistic or timeframe provided by Trade Collect is indicative only and is not a representation, warranty or guarantee of outcome.
Nothing in this clause is intended to exclude, restrict or modify any consumer guarantee under the ACL that cannot lawfully be excluded.
12. Compliance with Australian Laws and Debt Collection Guidelines
Trade Collect will perform the Services in accordance with all applicable Australian laws, including the ACL, the Privacy Act, and the ACCC/ASIC publication “Debt collection guideline: for collectors and creditors” (as updated from time to time).
The Client agrees not to direct Trade Collect to take any step that would breach those laws or guidelines. Trade Collect may decline any instruction it reasonably considers non-compliant.
If the Client becomes aware of any conduct by Trade Collect that the Client reasonably considers non-compliant, the Client must promptly notify Trade Collect under clause 21.
13. Privacy and Handling of Personal Information
Each party will comply with its obligations under the Privacy Act in respect of any Personal Information disclosed, accessed, collected, used, stored or transferred under this Agreement.
The Client warrants that it has lawfully collected and is lawfully entitled to disclose to Trade Collect all Personal Information it provides about Debtors and any third parties (including any guarantors, directors, contacts and employees) for the purpose of debt recovery.
Trade Collect will use Personal Information only for the purposes of providing the Services, complying with law, and managing its business operations. Trade Collect's Privacy Policy (available at https://tradecollect.com.au/privacy-policy) forms part of this Agreement.
Trade Collect may disclose Personal Information to Third-Party Providers, credit reporting bodies, courts and tribunals, regulators, professional advisers and insurers, where reasonably necessary for the Services.
Each party must promptly notify the other of any actual or suspected eligible data breach (within the meaning of the Notifiable Data Breaches scheme under the Privacy Act) involving Personal Information disclosed under this Agreement.
14. Confidentiality
Each party must keep confidential all non-public information of the other party disclosed in connection with this Agreement (including pricing, recovery strategies, debtor lists and commercial terms), and must use such information only for the purposes of this Agreement.
Confidentiality obligations do not apply to information that: (a) is or becomes public through no fault of the receiving party; (b) was lawfully known before disclosure; (c) is independently developed; or (d) must be disclosed by law, court order, or to professional advisers under equivalent confidentiality obligations.
The confidentiality obligations in this clause survive termination of this Agreement for three (3) years.
15. Record Keeping and Communications
Trade Collect will keep reasonable records of communications with Debtors, instructions from the Client, payments received, and steps taken in respect of each Debt, in accordance with the ACCC/ASIC Debt Collection Guideline.
The Client authorises Trade Collect to record telephone calls with Debtors and the Client (with appropriate notification) for training, quality, evidentiary and compliance purposes, in accordance with applicable law.
Notices under this Agreement must be in writing and sent to the email address set out in Schedule 4 (or such other address as a party notifies in writing). Email notices are deemed received when delivered to the recipient's mail server, unless a delivery failure is received.
16. Limitation of Liability
To the maximum extent permitted by law, Trade Collect is not liable to the Client (whether in contract, tort including negligence, statute or otherwise) for any:
loss of profit, loss of revenue, loss of business opportunity, loss of goodwill, loss of customer relationship, loss of data, or any indirect, special or consequential loss; or
loss arising from inaccurate, incomplete or misleading information provided by the Client; the Client's breach of this Agreement; the Client's contact with the Debtor; the act, default or insolvency of any Debtor or Third-Party Provider; or events outside Trade Collect's reasonable control.
To the maximum extent permitted by law, Trade Collect's total aggregate liability to the Client under or in connection with this Agreement (whether arising from one or more events) is limited to an amount equal to the total fees actually paid by the Client to Trade Collect in the twelve (12) months immediately preceding the event giving rise to the liability, or AUD $5,000, whichever is greater.
The Client's rights under the ACL (including in respect of consumer guarantees that cannot lawfully be excluded) are not limited by this clause. Where Trade Collect's liability for breach of a non-excludable guarantee under the ACL can be limited, Trade Collect's liability is limited (at Trade Collect's election) to: (a) re-supplying the Services; or (b) paying the cost of having the Services re-supplied.
Each party must take reasonable steps to mitigate any loss it suffers under or in connection with this Agreement.
17. Indemnity from the Client
The Client indemnifies Trade Collect, and its officers, employees, contractors and Third-Party Providers, against all claims, demands, actions, proceedings, losses, damages, fines, penalties, costs and expenses (including legal costs on a solicitor and own-client basis) suffered or incurred arising out of or in connection with:
any breach by the Client of this Agreement, including any warranty in clause 5;
any inaccurate, incomplete or misleading information provided by the Client (including in any Debt Submission Form);
any claim by a Debtor or third party that the Debt is not owing, or that recovery action was wrongful, defamatory, harassing, misleading or in breach of privacy — to the extent caused or contributed to by the Client's information or instructions;
any direct contact by the Client with the Debtor that conflicts with or undermines the Services; and
the Client's breach of any law (including the Privacy Act, ACL or the ACCC/ASIC Debt Collection Guideline) in connection with a Debt.
The indemnity in this clause is reduced to the extent that the loss is caused by Trade Collect's own negligence, wilful misconduct, or breach of this Agreement.
18. Termination
Either party may terminate this Agreement for convenience by giving the other party fourteen (14) days' written notice. Termination does not affect existing instructions on Debts already placed unless the parties agree otherwise.
Either party may terminate this Agreement immediately by written notice if the other party:
commits a material breach of this Agreement that is not capable of remedy, or that is not remedied within ten (10) Business Days after written notice to remedy;
becomes insolvent, has a controller, administrator or liquidator appointed, enters into a scheme of arrangement or deed of company arrangement, is wound up, or (in the case of an individual) becomes bankrupt or commits an act of bankruptcy; or
ceases or threatens to cease to carry on business.
On termination:
the Client must immediately pay all outstanding fees and Disbursements;
Trade Collect's entitlement to Commission on Debts already placed continues in accordance with clause 8;
Trade Collect will return or hand over reasonable file materials on request, subject to a reasonable handling fee and to its lien for unpaid fees; and
clauses that by their nature should survive (including clauses 7 to 9, 11, 13, 14, 16, 17, 22 and 23) survive termination.
19. Suspension of Service
Trade Collect may immediately suspend all or part of the Services (including action on any Debt) if:
the Client fails to pay any undisputed amount when due;
the Client fails to provide information or instructions reasonably requested;
the Client breaches the notification obligation in clause 9.3 or any other material obligation under this Agreement;
Trade Collect reasonably suspects that continuing would breach a law or guideline, or expose Trade Collect or a Third-Party Provider to material risk;
the Debtor raises a dispute that the Client cannot substantiate; or
a force majeure event prevents performance.
Suspension does not constitute termination, breach or waiver. Trade Collect may charge fees reasonably incurred during suspension.
20. Conflicts of Interest
Trade Collect performs services for multiple clients in the trade industry and related sectors. The Client acknowledges that Trade Collect may act for other parties whose interests may, from time to time, conflict with the Client's interests.
Trade Collect will: (a) maintain reasonable systems to identify and manage conflicts of interest; (b) decline to act, or cease acting, where a conflict cannot be appropriately managed; and (c) keep confidential the affairs of each client in accordance with clause 14.
If Trade Collect identifies a material conflict in respect of a specific Debt, it will notify the Client and, where appropriate, propose a course of action (which may include declining the matter or referring it to a Third-Party Provider).
21. Complaints Handling
Complaints from the Client (or from a Debtor) about the Services should be sent in writing to the Trade Collect complaints contact at info@tradecollect.com.au.
Trade Collect will acknowledge receipt of a complaint within five (5) Business Days and use reasonable endeavours to resolve it within thirty (30) Business Days.
If a complaint cannot be resolved internally, the parties may refer the matter to mediation, an industry body, or to the appropriate regulator (including the ACCC, ASIC or the Office of the Australian Information Commissioner) as the case may require.
22. Governing Law and Jurisdiction
This Agreement is governed by the laws of the Jurisdiction. Each party submits to the exclusive jurisdiction of the courts of the Jurisdiction and the federal courts of Australia, and the courts of appeal from them, in respect of any dispute arising out of or in connection with this Agreement.
23. Entire Agreement
This Agreement (including all Schedules) constitutes the entire agreement between the parties about its subject matter and supersedes all prior representations, agreements and understandings.
No variation is effective unless in writing and signed (or confirmed by email) by both parties. A waiver of any right is effective only if given in writing and is limited to the matter waived.
If any provision is unenforceable, it is to be read down to the extent necessary to be enforceable, or severed if it cannot be read down, without affecting the remainder of this Agreement.
Nothing in this Agreement creates a partnership, joint venture, employment or agency relationship between the parties beyond the limited authority expressly granted in clause 2.
24. Acceptance of Terms
The Client accepts these Terms by any of the following: (a) signing Schedule 4; (b) signing an Authority to Act that incorporates these Terms by reference; (c) clicking “I accept” or equivalent in any electronic onboarding process; or (d) submitting a Debt Submission Form after being provided with these Terms.
Trade Collect may update these Terms from time to time by giving the Client at least thirty (30) days' written notice. The updated Terms apply to Debts placed after the effective date of the update. Debts already placed continue to be governed by the Terms in force when they were placed, unless the parties agree otherwise.
Client legal name
Trading name (if different)
ABN / ACN
Registered address
Authorised representative
Phone
[fill in]
[fill in]
[fill in]
[fill in]
[fill in]
[fill in]
Authority
The Client irrevocably authorises Trade Collect (and its nominated Third-Party Providers) to:
act on the Client's behalf in connection with the Debt(s) listed in the attached Debt Submission Form(s);
communicate with the Debtor, request payment, negotiate settlement and payment plans, and accept payment of the Debt;
disclose to Debtors, Third-Party Providers, courts, tribunals and regulators such information about the Client and the Debt as is reasonably necessary for the purpose of recovery;
conduct skip-tracing, credit checks and asset/insolvency searches where lawful and instructed;
instruct, on the Client's account, external lawyers and other Third-Party Providers for Legal Escalation, but only with the Client's prior written instruction in respect of each escalation step; and
take any other reasonable step necessary or incidental to recovering the Debt.
This authority continues until withdrawn by the Client in writing, subject to clauses 8 and 18 of the Terms (which deal with Commission entitlement and termination).
Acknowledgement
The Client confirms that:
each Debt referred to Trade Collect is genuine, valid, due and payable;
the Client has authority to give this authority and to disclose Personal Information about the Debtor to Trade Collect for recovery purposes;
the Client has read and accepted the Terms (including the Commission and indemnity provisions); and
the Client will notify Trade Collect within two (2) Business Days of any direct payment, dispute, settlement, or insolvency event involving the Debtor.
Client signature: ______________________________________
Print name: ______________________________________
Position: ______________________________________
Date: ______________________________________
A. Debtor information
[fill in]
[fill in]
[fill in]
[fill in]
[fill in]
[fill in]
[fill in]
[fill in]
[fill in]
[fill in]
[fill in]
[fill in]
B. Debt information
[fill in]
[fill in]
[fill in]
[fill in]
[fill in]
[fill in]
[fill in]
[fill in]
[fill in]
[fill in]
[fill in]
[fill in]
[fill in]
C. Document checklist
Tick (☐ → ☑) each item attached or provided:
☐ Copy of all unpaid invoice(s) and statements
☐ Signed contract, quote, work order or purchase order
☐ Client's standard terms of trade / credit application
☐ Personal guarantee (if any)
☐ Job sheets / dockets / proof of delivery / sign-off
☐ Photos or evidence of completed works (if relevant)
☐ Variations, change orders, or scope amendments
☐ Payment history / aged receivables ledger for the Debtor
☐ All written communications with the Debtor about the Debt
☐ Any dispute or complaint correspondence from the Debtor
☐ Any written promise to pay, payment plan, or part-payment
☐ ASIC company extract / business name extract (if available)
☐ Any security registered on the PPSR (PPSR registration number)
☐ Statutory demand or letter of demand previously issued (copy)
☐ Privacy authority from Debtor (if held)
D. Client declaration
By submitting this form, the Client declares that:
the information is true, accurate, complete and not misleading;
the Debt is genuine, due and payable, and is not statute-barred;
the Debt has not already been paid, settled, written off or assigned;
the Client is authorised to disclose Personal Information about the Debtor for the purpose of recovery; and
the Client has read and accepts the Terms and any applicable Special Conditions.
Signed for the Client: ______________________________________
Print name and position: ______________________________________
Date: ______________________________________
Examples of items typically recorded here
Custom Commission rates (overriding clause 7) — e.g. flat rate, volume tiers, or portfolio rates.
Setup fees, monthly minimum fees, or portal access fees.
Caps on Disbursements without Client approval.
Specific approval thresholds for settlement (e.g. no settlement below X% without Client consent).
White-label or co-branded communication arrangements.
Exclusivity arrangements (overriding clause 2.1).
Specific Third-Party Providers approved or excluded.
Custom escalation pathways or service levels.
Trust account arrangements for Recovered funds.
Agreed Special Conditions
[Insert agreed special conditions here, or write “Nil”]
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
Trade Collect representative: ______________________________________
Client representative: ______________________________________
Date: ______________________________________
Commercial particulars
Effective date
Jurisdiction
Commission structure
Setup fee
Monthly admin fee
Legal referral fee
Withdrawal fee (clause 8.4)
Payment terms (clause 7.6)
Notice email (Trade Collect)
Notice email (Client)
[fill in]
[fill in]
As per clause 7.2 / Special Conditions
[fill in]
[fill in]
[fill in]
[$ or % of Debt]
7 days from invoice / [Other]
[notices@tradecollect.com.au]
[fill in]
Executed by Trade Collect
Entity: Trade Collect ABN 23 614 234 182
Signed: ______________________________________
Print name: ______________________________________
Position: ______________________________________
Date: ______________________________________
Witness signature: ______________________________________
Witness print name: ______________________________________
Executed by the Client
Client legal name: [Client Legal Name]
ABN/ACN: [Client ABN/ACN]
Signed: ______________________________________
Print name: ______________________________________
Position: ______________________________________
Date: ______________________________________
Witness signature: ______________________________________
Witness print name: ______________________________________
If the Client is a company, this Agreement may be executed in accordance with section 127 of the Corporations Act 2001 (Cth) by two directors, a director and company secretary, or a sole director who is also the sole company secretary.