IODM - Terms and Conditions

© Version 1.0a Effective date: January 2017– IODM Ltd (IODM) is a public company operating in Victoria, Australia. IODM is committed to providing you with excellent service for all of our products. We created this page to explain to you the terms and conditions of the premium service.

The Product
We sell subscriptions to our premium Online Debtor Management service. You may print or download the letters for your personal, commercial use, provided you do not remove or alter any copyright, trademark, or any other proprietary notices. You must not alter the letters or notifications in any way.

You may not lend or provide, the service to create or compile, directly or indirectly, a collection, compilation, database, or directory without express written permission from IODM for anyone else than yourself. Nor may you publish any content or any portion or portions, online. All other rights are reserved.

Refund Policy
You may have the option for a free trial of the Product using the Demonstration site before you make any payments. We give you this option so you have an opportunity to fully evaluate the Product before you buy it. However, once a payment has been made by you, subject to statute, you will have no right in contract to demand a refund.

Payment
You pay for the subscription on a recurring basis. By subscribing to the Product you authorize us to charge your credit/debit card whenever the subscription is due for renewal. This will normally occur 30 days from the initial payment made start date.

Cancellation
You can cancel your subscription at any time for any reason. After your subscription is cancelled no further payments will be made. However, there will not be any full, partial or pro rata refunds for any reason of the payments already made.

Changes to these Terms and Conditions
These Terms and Conditions are subject to change without notice. Any such changes will be posted online on this page. You should check the terms and conditions periodically. If you do not agree with the new terms and conditions your only option is to cancel your subscription according to the terms set forth above.

Personal subscriptions
You purchase the subscription for your personal use. Sharing your subscription with anyone is strictly prohibited. It is your responsibility to keep your password private and secure. If you believe your password may have been compromised, please notify us immediately.

Laws and Regulations
Access to and use of this Site are subject to all applicable international, federal, state and local laws and regulations. User agrees not to use the Site in any way which violates such laws or regulations.

Copyright and Trademarks
The information available on or through this Site is the property of IODM, or its licensors, and is protected by copyright, trademark, and other intellectual property laws. Users may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works or otherwise use any information available on or through this Site for commercial or public purposes.

Tampering
The user agrees not to modify, move, add to, delete or otherwise tamper with the information contained on the IODM website or to amend in any way whatsoever the contents of Business Credit Solutions Pty Ltd trading as Repaid Collections demand letter templates. Any such action by the user is completely forbidden and is a fundamental breach of the user’s agreement with IODM.

If such breach occurs, the user agrees to indemnify IODM for any damages suffered by them whether directly or indirectly as a result of such breach by the user. The recovery of damages suffered indirectly by IODM would include but not be limited to the recovery from the user of damages suffered by Business Credit Solutions Pty Ltd trading as Repaid Collections as a result of such breach. Further for the purposes of enforcing any of its rights against the user whether at common law or in contract, Business Credit Solutions Pty Ltd trading as Repaid Collections is deemed to be a party to the user’s agreement and any indemnity provided by the user to IODM is also provided by the user to Business Credit Solutions Pty Ltd trading as Repaid Collections for the purposes of enforcing any of its rights under this clause and in consideration for it providing the use of its demand letter templates to the user.

Any such breach will be reported as a matter of course to the relevant authorities.

Links to Third Party Sites
This Site may contain links that will let you access other Web sites that are not under the control of IODM. IODM assumes no responsibility or liability for any material that may be accessed on other Web sites reached through this Site, nor does IODM make any representation regarding the quality of any product or service contained at any such site.

No Warranties
Information and documents provided on this Site are provided "as is" without warranty of any kind, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, and non-infringement. IODM uses reasonable efforts to include accurate and up-to-date information on this Site; it does not, however, make any warranties or representations as to its accuracy or completeness. IODM periodically adds, changes, improves, or updates the information and documents on this Site without notice. IODM assumes no liability or responsibility for any errors or omissions in the content of this Site. Your use of this Site is at your own risk.

Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL IODM LIMITED BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS OR DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF INFORMATION, PROGRAMS OR OTHER DATA) THAT RESULT FROM ACCESS TO, USE OF, OR INABILITY TO USE THIS SITE OR DUE TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE INTERNET, EVEN IF IODM WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Privacy
Protecting the privacy of our users of our Site is important to IODM. The IODM Privacy Policy describes how we use and protect information you provide to us.

Security
IODM takes industry standard precautions to ensure all personal data received from the User remains secure. IODM is not responsible for any interception or interruption of any communications through the Internet or for changes to or losses of data. User is responsible for maintaining the security of any password, user ID, or other form of authentication involved in obtaining access to password protected or secure areas of the Site.

Access to Password Protected / Secure Areas
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized access to such areas is prohibited.

Further questions
If you have any questions about the Terms and Conditions of your subscription, please contact us before you commit to the purchase.

NCI Collections Service Agreement for Clients of IODM

We acknowledge that certain functions we engage with on this website will involve the provision of services to us by a division of National Credit Insurance (Brokers) Pty Ltd, known as NCI Commercial Collections (NCI).

We agree that:

  1. All information we receive from NCI will be held in strict confidence and not disclosed to any other person unless specifically authorised by NCI or required by law.
  2. Where NCI has provided information concerning identifiable individuals, we will deal with that information in accordance with our requirements under the Privacy Act 1988 and its amendments.
  3. To the extent permitted by applicable law, we will indemnify and hold NCI harmless against any legal actions that may arise out of information NCI provide to us, regardless as to whether that information is correct or incorrect.
  4. We will notify NCI in writing, within seven days, of any change to our identity, address, contact details or corporate name or style.
  5. NCI shall use its best endeavours to pursue the collection of outstanding monies (debts) owed to us by our customers. We accept, however, that not all debts can, or will, be collected either in part or in full.
  6. Where NCI believes that a conflict of interest may arise were NCI to undertake collection action on our behalf, we will accept a referral from NCI to a recommended third party to undertake collection action on our behalf as a satisfactory fulfilment of NCI’s obligations to us.
  7. Commission is payable by us to NCI on our customer’s account once it is submitted to NCI for collection provided that payments are made against our customer’s account, goods are returned, or credits given to our customer.
  8. Commission will be calculated as 10% of the value of the debt successfully collected subject to a minimum commission of $100 (plus GST) and a maximum commission of $4950 (plus GST).
  9. On demand from NCI we shall make payment to NCI in respect of any out of pocket expenses incurred by NCI in pursuit of any debt owed to us by our customer regardless as to how those expenses might have been incurred.
  10. NCI will remit, on a monthly basis, the total amount of debt recovered on our behalf (but only to the extent cleared by NCI’s bank) after deducting all charges for commission, court filing fees, solicitor and barrister costs and disbursements and incidental expenses for all collection work undertaken for us under this agreement.
  11. NCI is authorised by us to sign any document that is required in order to issue any legal document needed to progress any proceedings necessary for the collection of our debts. We also authorise, as our agent, any lawyer engaged by NCI to act on our behalf under this agreement (including where any defence or counterclaim is raised in response to the collection of the debt). We accept that we will be responsible for payment of all costs and expenses of the lawyers (or any barrister engaged by the lawyers) in this endeavour, and will reimburse NCI for any amounts they may have paid to such lawyers and/or barristers.
  12. NCI shall be entitled to request from us a sum of money in advance on account of any anticipated legal fees and disbursements. NCI may either deposit such money into their general bank account (with a corresponding credit being raised in our favour) where it will be used to reduce any credit granted to us, or placed in the trust account of the lawyers engaged by NCI to act on our behalf and drawn down on in satisfaction of properly incurred legal fees and disbursements.
  13. NCI may charge an administration and marketing contribution fee (AMC) to lawyers they engage on our behalf. The AMC may be up to 20% of the lawyer’s professional fees and may apply in respect of past, present and future proceedings. This is purely a matter between NCI and those lawyers, it is not payable by us and we have no right to claim any part of the AMC.
  14. Should we default in the payment of any monies due to NCI under this agreement, all monies due to NCI will become immediately due and payable. In this respect, we further agree to pay interest on those monies at whichever is the higher rate of either 14% per annum or the interest rate allowed under the relevant court rules and/or legislation applicable to the jurisdiction in which the collection work was performed for us. Our payment obligations in this regard will also extend to any expenses, costs or disbursements incurred by NCI (or on NCI’s behalf) in recovering any outstanding payments from us, all of which may be recovered as a liquidated debt.
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