Terms and Conditions
1. This Agreement sets out the terms and conditions under which Repair My Credit Now ABN 24 871 384 859 (RMCN) provides Credit File Repair Services to the Applicant.
2. These Terms and Conditions are governed by the laws of New South Wales, Australia. The Applicant irrevocably submits to the jurisdiction of the courts of New South Wales, Australia in matters concerning this Agreement and these Terms and Conditions.
3. “Credit File Repair Service(s)” means any service or activity provided or conducted by RMCN for or on behalf of the Applicant for a purpose which includes the attempted correction, the correction, resolution or improvement of any pending or existing negative or incorrect credit record or credit related matter of the Applicant including but not limited to communication, whether written, electronic or oral, with the Applicant, Creditors of the Applicant, Credit Providers, holders of Credit Information files or any Credit Reporting Agency or any other relevant person, body corporate or government body or agency.
4. A reference to RMCN includes its employees, servants or agents.
5. While RMCN will use its best efforts in the provision of Credit File Repair Services no such service is guaranteed to correct any pending, existing or future incorrect credit record or credit related matter of the Applicant.
6. For RMCN to provide you or consider providing you with Credit File Repair Services the Applicant acknowledges and authorises that RMCN may collect and hold relevant personal information about the Applicant. Further, you authorise RMCN to give relevant personal information about you to and obtain it from any Creditors of the Applicant, Credit Providers, holders of Credit Information files or any Credit Reporting Agency or any other relevant person, body corporate or government body or agency for the purpose of providing Credit File Repair Services to you.
7. Furnishing of the Applicant’s historical contact information by RMCN to Creditors of the Applicant, Credit Providers, holders of Credit Information files or any Credit Reporting Agency or any other relevant person, body corporate or government body or agency may expose the Applicant to debts of the Applicant other than debts listed on the Applicant’s Credit Record. The Applicant will not claim against RMCN for any such debts and hereby releases RMCN of liability in respect of such debts.
8. RMCN does not, and will not, provide the Applicant copies of any correspondence, documents, internal notes, file notes or records of conversations in relation to any negotiations on behalf of the Applicant.
9. After any reasonable request to the Applicant by RMCN, whether oral or in writing, the Applicant will promptly furnish to RMCN, within 7 days of the request and in a form acceptable to RMCN, any document or information deemed reasonably required by RMCN for the provision of Credit File Repair Services. This information includes the Applicant providing to RMCN the name of the credit reporting agency which RMCN is required to negotiate with as part of the Credit File Repair Service provided by RMCN.
10. No Credit File Repair Service will be provided to any Applicant under the age of 18 years.
11. Credit File Repair Services are provided by RMCN in three stages:
a. Stage 1: A stage 1 service means file setup, compilation, review and assessment, and the development of possible strategies for resolving an Applicant’s incorrect credit record.
b. Stage 2: A stage 2 service means conducting negotiations on each incorrect credit record of the Applicant for the purpose of exploring the possibilities of resolving each incorrect credit record of the Applicant with each creditor. If a creditor has multiple credit records listed, then a stage 2 fee applies for each credit record. An additional stage 2 fee will apply where an incorrect credit record has also led to a related court judgment being taken out against the applicant whether the court judgment has been added to the Applicant’s credit file or not.
c. Stage 3: A stage 3 service means conducting negotiations with a credit reporting agency including Equifax (formerly Veda Advantage Australia), Illion (formerly Dun & Bradstreet Australia Pty Limited) or Experian for the purpose of exploring the possibilities of resolving the Applicant’s incorrect credit file with that organisation.
12. RMCN reserves the right to stop the Credit File Repair Service to the Applicant at any time, during any of the above Stages, should the Applicant conduct him or herself in a manner which is contrary to the Agreement and/or become aggressive to any persons employed by RMCN without a refund of any fees paid.
13. The fees and disbursements which RMCN is entitled to charge for the provision of Credit File Repair Services are set out in the Schedule of Fees as amended from time to time. These fees may be changed by RMCN prior to the commencement of the process. Stage 2 fees need to be paid within 14 days of the Applicant receiving a stage 2 email notification. If the Applicant has not paid within 14 days RMCN reserves the right to cancel the contract without a refund of any fees paid. If Stage 3 fees are not paid within 7 days of the stage 3 email notification a fee of $100 per week will be added to the balance due and RMCN reserves the right to place a default listing on the Applicants credit file due to non-payment of the stage 3 fees.
RMCN may pay a referral fee to a third party for the referral of an Applicant. The Applicant acknowledges receipt of a copy of the Schedule of Fees applicable as at the time of signing this agreement. It is the responsibility of the Applicant to provide to RMCN the Applicant’s current email address to ensure the Applicant receives the email notification referred to in this clause.
14. A Stage 1 service must be completed by RMCN for an Applicant before RMCN will provide any other Stage service. Any fees charged for the Stage 1 service are non-refundable.
15. Any fees charged during Stage 2 will be refunded to the Applicant if RMCN is unsuccessful in having a credit record removed for the Applicant. This refund applies only to the credit record RMCN has not been able to resolve and only if RMCN determines that it has exhausted all processes available to them. The refund of fees will be due to the Applicant within 14 days after this determination by RMCN. For the Applicant to qualify for the Stage 2 refund, the Applicant must provide to RMCN accurate and reliable information and/or documentation, as requested by RMCN, within seven (7) days of the request. The Applicant may be required to provide certified copies of documents and/or information to verify the applicant’s version of events or if requested by RMCN to verify the authenticity of the information and/or documentation
16. The Stage 2 refund will not apply if the Applicant decides that they do not wish to continue the process outlined in Clause 11 or if the Applicant does not comply with Clause 15. A Stage 2 refund will not apply if a credit record has been automatically deleted from the Applicant’s credit file during the time that RMCN is providing Credit File Repair services. A Stage 2 refund will not apply if there is an outstanding debt that relates to the credit record RMCN has been engaged to work on and the Applicant decides that they do not want to settle or pay the debt. A Stage 2 refund will not apply if a court judgment that relates to the incorrect credit record is impeding the resolution of an incorrect credit record.
17. Should there be a debt outstanding on any credit record of the Applicant in which RMCN is providing Credit Repair Services for, RMCN will advise the Applicant of the amount of the debt. In the event the Applicant requires RMCN to negotiate with the credit provider in relation to the debt, RMCN’s fees will be 25% of the reduction RMCN achieves for each debt.
18. In the event RMCN, at the request of the Applicant, negotiates a payment arrangement on the debt with the credit provider, RMCN will charge the Applicant a fee of $300 for each payment arrangement. If RMCN achieves a resolution of an incorrect listing for the Applicant (on the condition that the Applicant settles the outstanding debt), the Stage 3 fee is due and payable to RMCN even if the Applicant is ultimately unable to settle the debt due to the creditor.
19. If the Applicant contacts a creditor and/or an ombudsman service either before or during the time that RMCN has been engaged by the Applicant to conduct negotiations on the Applicant’s behalf, or if the applicant decides to stop the process once RMCN has commenced the process, and this results in a resolution (including the removal of the credit record which RMCN has been engaged by the Applicant to resolve), the total Stage 2 & 3 fee that applies to that incorrect credit record will be due and payable to RMCN by the Applicant. If the Applicant decides to stop the process of Credit File Repair after RMCN has been engaged by the Applicant, and a resolution of the incorrect credit record is achieved, the Stage 3 fees will be due and payable to RMCN.
20. During the period in which RMCN conducts the credit file repair services, RMCN will contact and update the Applicant by email monthly (from the start of the Application). RMCN requires all communication to be in writing (email). RMCN does not and will not provide verbal updates by phone. In the event the Applicant requires additional services including alternative forms of communication, fees for these services will apply.
21. RMCN reserves the right at its own absolute discretion and without assigning any reason to refuse the provision of Credit File Repair Services for any Applicant or to cease and desist the provision of Credit File Repair Services for any Applicant at any time with notice.
22. RMCN may seek to verify any information provided by the Applicant through any reasonable lawful means.
23. The Applicant agrees to be contacted by RMCN and/or its agents for the purpose of gathering further information and to provide opportunities as required.
24. RMCN is authorised by the Applicant to disclose any or all information contained in this Application or any information subsequently obtained to any third party for the purpose of providing Credit File Repair Services.
25. Full payment for any service must be made to RMCN, in a manner reasonably acceptable to RMCN, before any service is provided by RMCN. If the Applicant has been approved by RMCN to make payments on a payment plan the agreed fees must be paid on the agreed date. If the fees are not paid when due default fees will be added to the balance due to RMCN. RMCN reserves the right to stop the Credit File Repair Service to the Applicant at any time where fees due are more than 7 days in arrears and reserves the right to cancel the contract without a refund of any fees paid
26. The Applicant shall fully and completely indemnify RMCN in all respect of all claims by any person or party whatsoever for damage caused by or in connection with or arising out of the provision of Credit File Repair Services and in respect of all costs and charges in connection therewith arising under statute or common law.
In the event that RMCN fails to receive payment for fees payable by the Applicant in accordance with this Agreement, the Applicant will be liable to pay to RMCN all reasonable expenses (including reasonable legal costs and expenses and the fees of RMCN’s debt recovery agents) incurred by RMCN in relation to recovering payments due under this Agreement.
27. By signing this Agreement, I declare I have read and agreed to the Terms and Conditions contained therein, declare that I am 18 years of age or over and declare that the information contained in the Application Form are true and correct.