FIX BAD CREDIT SERVICE AGREEMENT TERMS AND CONDITIONS

a. By entering your details into this Site and pressing submit, you authorise FBC to act as your agent to exercise your rights to obtain access to all of your individual and commercial credit information in the possession or control of any credit reporting agency.

b. Access to a credit report may at times be obtained free of charge. However, FBC may charge for this service as part of the negative detail removal and/or debt negotiation process. The charge includes but is not limited to the time spent in submitting details and verifying the information to the reporting agencies.

c. Upon the provider accepting payment, FBC will provide you with a copy of your credit report, should you not already have one. FBC will fill out online investigation forms, request documents from credit providers and refer to known legislative material that may assist in the removal of any negative information on your credit file.

a. You agree to the payment terms set out in these Terms and Conditions, the FBC Service Agreement, and any subsequent arrangements made at the sole discretion of Fix Bad Credit Pty Ltd (“FBC”), acting reasonably and in accordance with applicable law.
b. Services under the Service Agreement will not commence, and any ongoing work will be suspended, until the first payment is received. This applies to all standard payment terms, payment arrangements, and Special Pricing Arrangements.
c. Unless otherwise agreed in writing, all payments are due within seven (7) days of the invoice date or the date specified in your payment schedule.
d. You may make payment for services (“Service Fee”) using one of the following methods:
   I. Electronic Funds Transfer (EFT) to FBC’s nominated bank account;
  II. Credit Card;
 III. PayPal;
 IV. Third-party payment providers or platforms as nominated or approved by FBC from time to time. 

e. You are responsible for any third-party surcharges or transaction fees incurred. FBC’s fees and charges are separate from any amounts owed to credit providers or third parties.
f. If your payment is declined, dishonoured, returned, or otherwise unpaid, you are liable for any associated costs, including but not limited to banking fees, administrative charges, and recovery expenses.
g. If a payment arrangement or Special Pricing Arrangement is agreed, services will commence only after the first payment is received.
h. If you fail to make a payment when due, you will be deemed to be in default of your Service Agreement (“Default”). Upon such Default, the following provisions apply:

   I. Notice of Default: FBC will notify you of the overdue amount (“Overdue Amount”) and specify a rectification date (“Rectification Date”) by which the payment must be made.
  II. Suspension of Services: Any missed or dishonoured payment will result in an immediate pause of all services under the Service Agreement until the payment issue is resolved.
 III. Termination for Non-Payment: If payment remains overdue for more than seven (7) days, FBC may, at its sole discretion, close your file. In such cases, you will not be entitled to any refund of fees paid.
 IV. Acceleration of Debt: If the Default is not remedied by the Rectification Date, all outstanding amounts under the Service Agreement will become immediately due and payable.   
  V. Default Interest: Interest will accrue on the Overdue Amount from the day after the payment was due at a rate of 20% per annum, calculated daily. Any payments received will first be applied to accrued interest before being applied to the principal balance.
 VI. Recovery and Enforcement: FBC may initiate recovery action, including legal proceedings and credit reporting. You will be liable for all associated costs, including interest, legal fees, and enforcement expenses.
 VII. Subsequent Defaults: If a subsequent default of the same nature occurs and is not remedied, FBC may proceed with enforcement without further notice.
VIII. Credit Reporting: If the Overdue Amount remains unpaid for sixty (60) days or more and recovery steps have commenced, FBC may report the default to an external credit reporting body in accordance with applicable law.
 IX. Partner Notification: If you were referred to FBC by a third-party partner, FBC reserves the right to notify that partner of any missed payments or enforcement actions taken.
  X. Reinstatement of Services: Should you wish to continue with FBC’s services after a Default, you may be eligible for a credit toward future services. However, the full outstanding balance, including any applicable interest and fees, must be paid in full before services will recommence.
 XI. No Waiver of Rights: Any partial payments received after notice of Default will be accepted without prejudice to FBC’s rights to recover the full balance owing.

i. If you are experiencing financial hardship, you must notify FBC immediately by contacting 1300 406 172. FBC may, at its discretion, consider varying the terms of your Service Agreement. If a variation is not agreed, you may lodge a complaint with the Australian Financial Complaints Authority (AFCA) at www.afca.org.au or by calling 1800 931 678. Enforcement action may be paused while your complaint is under review. You may also seek assistance from a financial counsellor by calling the National Debt Helpline on 1800 007 007. 
j.  Where you request FBC to assist with a hardship application, payment variation, complaint, dispute or similar request, you must provide true, accurate, complete, genuine and verifiable information and supporting documents. FBC is entitled to rely on the information and documents you provide. FBC is not required to accept, submit, progress or continue a hardship application where FBC reasonably considers that the information or documents provided are false, inaccurate, misleading, fraudulent, altered, incomplete, inconsistent, unverifiable, or unable to be relied upon. In those circumstances, FBC may decline to submit or continue the hardship application, suspend work, request further information, or terminate the FBC Service Agreement and close your case. To the maximum extent permitted by law, FBC is not liable for any loss, rejected hardship application, credit provider decision, enforcement action, credit reporting outcome, complaint outcome, delay or other consequence arising from information or documents provided by you that are false, inaccurate, misleading, fraudulent, altered, incomplete, inconsistent, unverifiable, or unable to be relied upon.

a. By entering and submitting your personal details via this Site, you hereby fully authorise us to make contact with you, whether by telephone or in writing, to discuss your matter with you. You further authorise us to access your commercial and consumer credit information and ongoing credit monitoring. This authority extends to assisting you with dealing with relevant third parties in relation to work you have engaged us to undertake on your behalf. This authority can only be revoked in writing.

b. In addition to clause 3(a) above, by signing the Letter of Authority (“LOA”) provided by FBC, you consent to FBC sending written correspondence to credit reporting agencies, credit providers and financial institutions on your behalf. FBC will act on your behalf in rectifying the negative details on your credit file and negotiating debt.

c. The LOA extends to any employee, agent, contractor, and consultant of FBC. This authority continues to be in force until the FBC Service Agreement between you and FBC has been satisfied or until the authority is revoked in writing.

d. Should FBC be unable to remove negative details from your credit file, or achieve a negotiated debt, you are free to go to other agencies, and law firms to seek legal advice about the outcome desired.

e. FBC advises that you have the right to query and contest inaccurate personal credit information, and debt negotiation through contacting relevant credit providers, credit reporting agencies, and financial institutions without charge. However, as part of the service that FBC provides, we do this on your behalf whilst the LOA is in force. To maximise the chance of a successful negotiated outcome by FBC, we highly recommend that you do not undertake discussions with the relevant parties, whether direct or indirect, without first informing and discussing with FBC. We strongly recommend that your communication with the relevant parties be made through us whilst the LOA is in force. In the event that you partake in discussions with the relevant parties whilst the LOA is in force, FBC may at its discretion terminate the FBC Service Agreement if we are of the view that your actions are compromising the achievable outcome by FBC.

f. While FBC is acting for you, you must not make new credit applications, create new credit enquiries or take other action that may materially affect your credit report or FBC’s work, without first obtaining FBC’s agreement. If you do so, FBC may treat this as a breach of your Service Agreement, close your file and cease further work. Closure under this clause does not cancel or reduce any amount owing to FBC. Any outstanding fees remain payable in accordance with your Service Agreement and these Terms and Conditions. 

g. You hereby authorise FBC to use any written, audio, and visual testimonials and/or feedback for marketing purposes. Your full name, address and other sensitive information will be blanked out on the material.

h. FBC maintains internal records of communications and actions taken on your behalf, which form part of our proprietary methods and intellectual property. 

i. These records will not be provided to any third party unless required by law or expressly agreed in writing. By entering into the Service Agreement, you acknowledge that our obligation to perform services is not contingent on providing you with copies of these records.

j. You must ensure your contact details, including your residential address, postal address, phone number and email address, remain accurate and up to date while the FBC Service Agreement remains active or while any amount remains outstanding to FBC. You must notify FBC immediately of any change to your contact details. FBC may rely on the last contact details provided by you for all communications relating to your account, including invoices, payment reminders, credit listing notices and other correspondence. Any notice sent to your last notified email address will be deemed to have been received by you. Failure to update your contact details constitutes a breach of the FBC Service Agreement.

a. The FBC Service Agreement must be signed and returned within seven (7) days of issue to commence work.

b. If the FBC Service Agreement is accompanied by a Special Pricing Arrangement (SPA), it must be accepted within 48 hours. If not returned within that time, the SPA expires and standard pricing applies.

c. The FBC Service Agreement will remain valid for acceptance within the original seven (7) day period, but without the SPA.

d. If a SPA ceases to apply for any reason set out in the FBC Service Agreement or these Terms and Conditions, the Service Fee automatically reverts to the applicable Schedule of Fees immediately and without further notice. The applicable Schedule Fee will become immediately due and payable. You acknowledge and agree that FBC is not required to provide separate notice of this change.

e. Where FBC requests information, documents, instructions, confirmation, approval, or attendance at a meeting or telephone appointment, you must respond or comply within the timeframe specified by FBC. This includes any supporting information or evidence that FBC reasonably considers necessary to assess, support or progress your matter, including, where relevant, medical certificates or reports, bank statements, receipts, rental or tenancy agreements, payslips, employment records or letters, financial records, correspondence, notices, or other documents requested by FBC. If you fail to provide requested information or supporting evidence within the specified timeframe, this will constitute a breach of your Service Agreement. Any Special Pricing Arrangement will immediately cease to apply, the Service Fee will revert to the applicable FBC Schedule of Fees under clause 4(d), and the applicable Schedule Fee will become immediately due and payable from that date. FBC may close your case as a result of that breach unless FBC agrees in writing to continue the matter, including under a revised scope or Variation Agreement.

f. You must ensure that all information and documents provided to FBC are true, accurate, complete and not misleading. If FBC reasonably determines that information or documents provided by you are incorrect, false, misleading, incomplete, inconsistent, altered, unverifiable or otherwise unable to be relied upon, any Special Pricing Arrangement will immediately cease to apply. The Service Fee will revert to the applicable FBC Schedule of Fees in accordance with clause 4(d), and the applicable Schedule Fee will become immediately due and payable.

4A. VARIATION OF SERVICES

a. Variation of Scope:
   I. During our work further information, documents or responses may become available that affect the basis on which FBC originally agreed to act.
  II. Where the original dispute approach is no longer reasonably available, is weakened by the information or evidence available, or FBC identifies another reasonable basis on which to continue the matter, FBC may offer you a revised scope of works.
 III. Any revised scope must be agreed in writing in a Variation Agreement.

b. Effect of a Variation Agreement
   I. A signed Variation Agreement replaces the previous scope of works or dispute approach identified in that Variation Agreement from its effective date.
  II. Unless the Variation Agreement expressly states otherwise

• all other terms of the original FBC Service Agreement and these Terms and Conditions continue to apply;
• any fees already incurred or payable under the original FBC Service Agreement remain payable;
• any outstanding balance remains due under the existing payment arrangement; and
• any additional fee stated in the Variation Agreement is payable in addition to the original Service Fee.

 III. Closing or replacing an earlier scope of works does not cancel or reduce any amount already payable under the original FBC Service Agreement.

c. Revised Dispute Strategy
   I. FBC may propose a revised strategy having regard to the information and evidence available, including creditor responses, credit reporting information, compliance or procedural issues, hardship or vulnerability circumstances, settlement options or other reasonable grounds relevant to the matter. 
  II. FBC is not required to make or continue an allegation or argument that it reasonably considers cannot be supported by the information or evidence available. 
  III.  A revised strategy does not, by itself, constitute an admission by you or FBC about:

• the validity, amount or enforceability of any debt;
• the accuracy of any credit information;
• whether any amount is owing;
• the conduct of a credit provider; or
• any other matter in dispute.

d. Supporting Information and Client Cooperation
   I. You must provide information and documents reasonably requested by FBC  within the timeframe specified by FBC, or otherwise within a reasonable time. 
  II. You must tell us promptly if information previously provided changes or you become aware of information that may materially affect your matter.
  III. If requested supporting evidence is unavailable, you must tell FBC.   
  IV. Where the available information or evidence does not reasonably support the original dispute approach, FBC may:

• request further information;
• suspend that part of the work;
• propose a revised scope or strategy; or
• close the affected scope where there is no reasonable basis to continue it.

e. Continuing Despite Missing Information
   I. If you do not provide information or documents requested by FBC within the specified timeframe, FBC may still agree to continue your matter under a revised scope or strategy.
  II. Continuing the matter does not waive FBC’s rights under the Service Agreement or these Terms and Conditions and does not guarantee that the revised strategy will succeed. The outcome will depend on the information and evidence available and the response of relevant third parties

f. No Guarantee of Revised Strategy   
  I. FBC does not guarantee that an original or revised strategy will achieve a particular result.
  II. This includes any guarantee of: 

• removal, amendment or suppression of credit information;
• acceptance of a correction request or dispute;
• agreement by a credit provider or credit reporting body;
• settlement or reduction of a debt;
• a particular AFCA or complaint outcome;
• improvement to a credit score or creditworthiness;
• approval of finance; or
• removal, termination, voiding or other reversal of a Part IX Debt Agreement or its consequences.

g. Fees for a Revised Scope

   I. Where a Variation Agreement includes an additional fee for the revised scope, that fee is payable in accordance with the Variation Agreement.
  II. Unless otherwise agreed in writing, the additional fee does not replace, reduce or cancel any outstanding amount payable under the original FBC Service Agreement.  
  III. Any existing payment arrangement continues unless FBC and you agree otherwise in writing. 
  IV. Any refund entitlement remains subject to the Refund Policy, applicable law and any specific written agreement between you and FBC.

4B. COMPLETION OF SERVICES

a. FBC may treat its services for a dispute as complete and close the matter where:

  I. you instruct FBC to accept an offer, settlement, goodwill payment, resolution or other outcome, or otherwise instruct FBC to close or discontinue the dispute;

  II. the offer or outcome resolves the complaint on a full and final basis, even if the underlying credit reporting issue is not removed, corrected or otherwise resolved; or

  III. FBC has completed the agreed scope of services and, acting reasonably, determines that no further work is required or reasonably available under that scope.

b. Where FBC closes a matter because the agreed services have been completed, FBC may notify you of the outcome and closure without requiring further instructions from you.

c. Once the dispute is closed, FBC has no further obligation to continue, reopen or pursue that dispute unless FBC agrees in writing to provide further services.

d.  FBC is not responsible for any consequence arising from your decision to accept an offer, settlement or outcome, or to close or discontinue a dispute, except to the extent that liability cannot lawfully be excluded.

e. Closure of the dispute is the full and final completion of FBC’s services for that dispute, unless FBC agrees in writing to provide further services.

f. Closure of a dispute does not cancel, reduce or otherwise affect any fee or other amount payable to FBC. Any outstanding balance remains payable under the Service Agreement and these Terms and Conditions, and any existing payment arrangement continues unless otherwise agreed in writing.

4C PART IX COMPLAINT OUTCOMES

a. Where your Service Agreement relates to a Part IX Debt Agreement challenge, any compensation, refund, fee reimbursement, goodwill payment or other monetary amount obtained as part of that complaint is payable to FBC as part of the agreed fees for the service.

 b. If any such amount is paid directly to you, you must pay that amount to FBC within fourteen (14) days of receiving it.

 c. FBC does not guarantee that a Part IX Debt Agreement will be removed, terminated, declared void, amended or otherwise reversed, or that any compensation or other remedy will be awarded.

4D SPECIAL PRICING AGREEMENT – REFERRAL (SPAR)

a. Where your FBC Service Agreement states that you are receiving a Special Pricing Arrangement – Referral (SPAR), the following additional conditions apply. The referral partner named in your FBC Service Agreement is the “Referral Partner”.

b. SPAR FEE
   I. The SPAR fee payable by you is the amount set out in your FBC Service Agreement and is subject to you complying with all SPAR conditions.
  II. Despite the general payment requirements in the “Payment Policy” section, FBC may commence work under a SPAR before the SPAR fee is paid. The SPAR fee must be paid at the time specified in your FBC Service Agreement and these Terms and Conditions.

c. Finance application through your Referral partner
   I. Once FBC informs you that the relevant credit listing has been removed, you must submit your finance application through the Referral Partner named in your FBC Service Agreement within two (2) business days.. 
  II. The SPAR will immediately cease to apply If you:

• submit the finance application through another broker or finance provider instead of your Referral Partner; or
• do not submit the finance application through your Referral Partner within two (2) business days,

  III. The Service Fee will then revert to the applicable FBC Schedule Fee identified in your Service Agreement and that amount will become immediately due and payable in accordance with clause 4(d)

d. Payment of the SPAR FEE
   I. You must pay the SPAR fee within one (1) business day of receiving the funds from your finance, unless otherwise stated in your FBC Service Agreement.
  II. If the SPAR fee is not paid when due, you will be in default of your Service Agreement and FBC may take recovery action in accordance with these Terms and Conditions.

e. Security over the asset
   I. Where finance arranged through your Referral Partner is used to purchase or refinance an asset, as security for any amount you owe FBC under your SPAR Service Agreement, you grant FBC a security interest in that asset.
  II. If an amount owing to FBC is not paid when due, FBC may register or otherwise protect its security interest over the asset where permitted by law. 
  III. You are responsible for the reasonable costs incurred by FBC in registering, maintaining, amending, removing or enforcing that security interest, to the extent permitted by law.
  IV. Once all amounts secured have been paid in full, FBC will take the steps required to release or discharge its security interest.

f. Other SPAR conditions
   I. The general Special Pricing Arrangement conditions in the “FBC Service Agreement and Special Pricing Arrangement” section of these Terms and Conditions also apply to SPAR.
  II. If you fail to comply with the client cooperation and supporting information requirements in clause 4(e), SPAR will immediately cease to apply;
  III. If you provide information or documents that FBC reasonably determines are incorrect, false, misleading, incomplete, inconsistent, altered, unverifiable or otherwise unable to be relied upon, SPAR will cease to apply; and
  IV. If SPAR ceases to apply, the applicable FBC Schedule Fee identified in your FBC Service Agreement will become immediately due and payable.

g. FBC is not the lender or finance broker and does not make any decision about whether your finance application is approved. 

h. Removal of a credit listing by FBC does not guarantee that your referral partner or any lender will approve your finance application.

4E PAYMENTS OR GOODWILL RECEIVED FROM CREDIT PROVIDERS

a. Except where clause 4C applies, if a credit provider pays you any compensation, refund, reimbursement, goodwill payment or other monetary amount as a result of work performed by FBC, you must notify FBC and pay that amount to FBC within five (5) days of receiving it, up to the amount you still owe FBC under your Service Agreement.

b. Any amount paid to FBC under this clause will be credited against your outstanding FBC balance. If you do not owe FBC any money, you are not required to pay that amount to FBC under this clause.

FBC is committed to providing high-quality credit repair services to our clients in accordance with the Australian Consumer Law. We want you to be satisfied with the services we provide, and we will always work with you to achieve the best possible outcomes. Whilst refunds are considered on a case by case basis, we will not refund you in the following circumstances:
a. Accuracy of Information
Information provided by you during the discovery process and in the signed Circumstances Statement (incorporated in or accompanying the FBC Service Agreement) is expected to be true and accurate. We agree to act on your behalf based upon the information provided by you as documented in the Circumstances Statement. If any information provided is deemed by FBC to be inaccurate or false, we have the right to terminate the FBC Service Agreement and accelerate the remaining payments as due.

b. Fraudulent, Misleading or Unverifiable Information
You must ensure all information and documents provided to FBC, including in support of any hardship application or payment variation request, are true, accurate, complete, genuine and capable of verification. If FBC reasonably considers that any information or document is false, misleading, fraudulent, altered, incomplete, inconsistent, unverifiable or unable to be relied upon, FBC may suspend work, request further information, decline to progress any hardship application, payment variation, application or dispute, terminate the FBC Service Agreement, close your case and accelerate any outstanding payments. FBC is not liable for any loss, delay, adverse outcome, rejected application, creditor action, credit reporting outcome, complaint outcome or enforcement action arising from that information or document.

c. Previous Credit Repair Attempts
If you have previously attempted to repair your credit report with any other third party or attempted yourself, and have not disclosed this to FBC before we commence work on your matter, FBC has the right to terminate the FBC Service Agreement and accelerate the remaining payments as due.
d. Communication with Third Parties
Upon accepting the FBC Service Agreement, you agree to only discuss matters relating to the scope of work with FBC and its representatives. We strongly recommend that your communication with third parties, such as credit providers, be made through us whilst the FBC Service Agreement is in force. In the event that you partake in discussions with the creditors whilst the FBC Service Agreement is in force, FBC may at its discretion terminate the FBC Service Agreement if we are of the view that your actions are compromising the achievable outcome by FBC and accelerate the remaining payments as due.
e. Failure to Provide Information
If information has been requested from you and is not provided within the requested timeframe, or if you fail to provide relevant third-party communications (including but not limited to court notices, credit provider correspondence, or any legal notices) within one (1) business day of receipt, FBC may cancel the FBC Service Agreement and accelerate the remaining payments as due. Failure to provide such communications may be considered a non-remediable breach, given the potential impact on your matter.
f. No Guarantee or Assurance
FBC does not provide any guarantee or assurance in relation to the removal of any and/or all incorrectly reported entries or negative items (bad credit entry) from a person’s credit report.

g. Failure to Make Payment on Conditional Removal or Correction

Where any negative listing or credit information on your credit report is subject to removal, correction, or amendment on the condition that an outstanding debt is paid (in full or as part of a negotiated settlement), that payment is your sole responsibility. You must make the required payment within the timeframe agreed with the credit provider. If you fail to make the required payment or comply with the agreed settlement terms, and this results in the non-removal, non-correction, or reinstatement of the negative listing, you will not be entitled to a refund.
h. Cooling-Off, Cancellation and Payment Obligations 

I. Cooling-Off Period – You are entitled to a contractual cooling-off period of 14 calendar days from the date you receive a copy of the signed FBC Service Agreement. During this time, you may cancel the Service Agreement by giving written notice. If no work has commenced, you will receive a full refund of any fees paid.

II. Waiver of Cooling-Off Rights

• If you request Fix Bad Credit to commence work immediately, you choose to waive your 14-day cooling-off rights. This waiver must be expressly acknowledged in writing (for example, by signing a waiver form or electing the waiver in the Service Agreement). Once waived and work has commenced, you lose the right to cancel under the cooling-off period provisions.
• If you agree to a Special Pricing Agreement, this means you have requested that your matter be dealt with on a priority basis. In such circumstances, Fix Bad Credit will commence work immediately and you will not be entitled to the 14-day cooling-off period. By entering into a Special Pricing Agreement, you expressly waive your rights under the Cooling-Off Period clause of this Agreement.

III. Non-Cancellable Services and Payment Obligations

a. To the fullest extent permitted by law, once you have accepted our proposal (or signed the FBC Service Agreement) and we have commenced acting on your behalf, you may cancel the Service Agreement at any time by giving written notice. However, cancellation of the Service Agreement does not cancel your payment obligations.
b. Our services are non-cancellable, and you are required to pay the full service fee without any deductions or set-offs, regardless of whether you choose to terminate the Service Agreement before work is completed.
c. Refunds will only be considered in the following limited circumstances:
i. Upon exhausting all avenues and, upon an independent ombudsman’s advice, that an incorrectly reported entry or negative item cannot be removed from your credit report; or
ii. At no fault of yours, an incorrectly reported entry or negative item cannot be removed from your credit report within 24 months of the FBC Service Agreement.

If a refund is applicable, we will process the refund within 30 business days from the date of our decision.

a. Either party may terminate the FBC Service Agreement immediately upon written notice at any time if the other party commits a non-remediable material breach of the FBC Service Agreement, or if the other party fails to cure any remediable material breach or provide a written plan of cure acceptable to the non-breaching party.

b. A “non-remediable material breach” includes but is not limited to:

• you providing FBC with incorrect, false, misleading, fraudulent, altered, incomplete,
• inconsistent or unverifiable information or documents;
• you failing to be cooperative with FBC (including failing to respond to FBC’s requests for instructions, confirmations, or approvals within the timeframe specified by FBC);
• you compromising any negotiations that FBC is undertaking on your behalf. Whether such breaches have occurred will be determined conclusively by FBC at its sole discretion.

c. You agree to provide FBC promptly with copies of all correspondence or communications received from credit providers, courts, or any other third party relating to the matter for which you have engaged FBC, including any notices received after the commencement of our engagement. You agree to provide this information within one (1) business day of receipt. Failure to do so will be deemed a non-remediable material breach of the FBC Service Agreement, which may result in immediate termination of the agreement by FBC and acceleration of any outstanding payments. This clause is necessary to ensure FBC can act in your best interests and avoid adverse outcomes caused by delays or withheld information. 

d. You agree to respond to any requests for instructions, confirmations, or approvals from FBC within the timeframe specified in FBC’s communication to you. If you do not respond within the timeframe, FBC may, at its sole discretion:

1. proceed in the manner it considers to be in your best interests;
2. suspend further work until a response is received; or
3. treat such failure as non-cooperation, which may be deemed a non-remediable material breach under clause 6(b) and may result in immediate termination of the FBC Service Agreement and closure of your case.

e. You agree not to engage in threatening, abusive, intimidating, harassing or otherwise unacceptable conduct towards FBC’s employees, contractors or affiliates, whether verbally, physically, in writing or through electronic communications. FBC may take appropriate action in response to such conduct, including suspending services, restricting communications, reporting the conduct to the relevant authorities or terminating the FBC Service Agreement. Where FBC reasonably determines that you have engaged in conduct prohibited by this clause, any Special Pricing Arrangement (SPA) will immediately cease to apply. The Service Fee will then revert to the applicable Schedule of Fees in accordance with clause 4(d). If FBC terminates the Service Agreement under this clause, all amounts owing under the applicable Schedule of Fees will become immediately due and payable, not with standing any payment arrangement previously in place.

f. You agree that termination of the FBC Service Agreement does not cancel your responsibility to pay any outstanding fees. If you have an active direct debit arrangement, payments will continue until the full balance owing has been paid, unless otherwise agreed in writing by FBC.

This clause shall apply to the fullest extent permitted by law. FBC makes no representation, guarantee and warranty of any kind, whether express or implied, regarding the use of our Site or its content. You agree to use the services and our Site content provided by us at your own risk. FBC will not be liable to you or anyone else including for breach of contract, tort or negligence for any damage (including direct, indirect, specific, economic or consequential loss) howsoever caused and such damage whether is suffered directly or indirectly in connection with the use of our Site. FBC will not be liable for any disruptions to this Site and any interference with or damage to your computer system (including any viruses) resulting from the use of this Site. You further acknowledge and agree that our services do not constitute as any legal, financial or accounting advice and that where necessary, you will obtain independent legal, financial and or accounting advice at your own costs. FBC shall not be held liable for any actions taken or pursued against you consequent to the use of FBC’s services and your failure to pay the debt or monies owing to any third party. FBC does not in any way guarantee that any amendment will be made to your credit information or debt.

To the maximum extent permitted by law, you fully indemnify and hold FBC and our directors, owners, employees, agents, officers, contractors, licensors, and service providers, harmless against any liability, costs, legal costs or fees suffered or incurred by us arising from or in connection with your use of our Site or any breach of this Terms and Conditions and the FBC Service Agreement or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

a. Where FBC has assessed, negotiated or provided services in relation to a debt, including a possible statute-barred debt, you must not contact the credit provider, make a payment or acknowledge the debt without first discussing it with FBC, whether during our engagement or after the matter has been closed. If you do so and this affects the limitation period, enforceability of the debt or any outcome achieved by FBC, FBC is not responsible for that result and this does not cancel, reduce or entitle you to a refund of any debt negotiation fee payable or already paid to FBC.

b. If FBC successfully negotiates a reduction in the said debt, you agree to pay us a debt settlement fee equivalent to thirty (30) per cent (%) of the difference between:
I. the total amount owed at the time of settlement; and
II. the agreed reduced settlement amount,
plus GST, within fourteen (14) days of FBC notifying you of the outcome.
For the purposes of this clause, the “total amount owed” includes the original principal balance together with any accrued interest, fees, charges, and other costs applied by the credit provider up to the date of settlement or when the debt becomes statute-barred.

Example:
If you owed $20,000 at default and, prior to settlement, interest and charges increased the total amount owed to $30,000, and FBC negotiates a settlement of $10,000, the debt settlement fee is calculated as:
30% × ($30,000 – $10,000) = $6,000 + GST.

For avoidance of doubt, the debt settlement fee remains payable in full even if the credit provider’s legal ability to recover the debt is extinguished due to the expiration of any statutory limitation period.

c. If FBC notifies you that a credit provider has agreed to accept a reduced amount as full and final settlement, and that this represents the best outcome reasonably achievable, you agree that the debt settlement fee is payable regardless of whether you accept, reject, or proceed with payment of the reduced amount.

d. FBC acts based on the information you provide in your Circumstance Statement when seeking the removal of a default listing. Depending on the credit provider’s response, one of the following outcomes may occur:
I. Unconditional Removal: The credit provider agrees to remove or amend the listing without any requirement for payment. Any outstanding debt remains your sole responsibility.
II. Conditional Removal: The credit provider agrees to remove or amend the listing on the condition that the outstanding debt is paid in full. You are responsible for making that payment directly to the credit provider within the timeframe specified.
III. Conditional Removal with Negotiated Settlement: The credit provider agrees to remove or amend the listing subject to settlement of the outstanding debt, and FBC negotiates that settlement on your behalf. In these circumstances, the debt settlement fee outlined in clause 9(b) applies, and is payable to FBC.

e. If, during FBC’s engagement, a debt becomes statute-barred under applicable law, the debt will be deemed settled for the purpose of calculating the debt settlement fee. In such circumstances, you acknowledge and agree that:
I. FBC has fulfilled its obligations under the FBC Service Agreement; and
II. the debt settlement fee remains payable in full, calculated based on the total amount owed as defined in clause 9(b), regardless of whether the credit provider pursues or recovers the debt.

a. All material contained on this Site is protected by intellectual property rights law. Permission is given by FBC to view the material on our Site and save the material only for personal reference. Copying or storing of any material other than for non-commercial personal use is strictly and expressly prohibited. We reserve the right to make changes on the Site without notice or liability, at any time.
b. This Site may store content document known as “cookies” on the web program records of your computer. You can disable or decline them by turning it off on your web program. However, by doing so, you may at times not be able to gain access to all the content and usage of this Site.
c. In the event that FBC notifies you that the credit provider has agreed to accept a reduced amount as payment of the debt and that the said reduced amount is the best outcome achievable by FBC, you agree to pay FBC the debt settlement fee notwithstanding your acceptance or payment of the reduced amount.
d. Where we provide links to third party’s website, we do so for information purpose and convenience only. We do not monitor, review, control, endorse or approve the content of those sites and we may not update those links. The use of the links to those sites and the use or adaptation of their content are at your sole risk. FBC makes no warranties and accepts no liability for your use of the content of, or clinking on those hyperlinks to, the third parts website.
e. FBC may exercise any right or discretion or make any decision under these Terms and Conditions at its absolute discretion, conditionally or unconditionally, and without being required to disclose the reason. This clause applies unless this Terms and Conditions expressly require otherwise.
f. FBC may assign its interest under these Terms and Conditions without requiring your consent.
g. A right under these Terms and Conditions may only be waived in writing signed by the party granting the waiver and is effective only to the extent specifically set out in the waiver. The failure by FBC to exercise or enforce any right or provision of this Terms and Conditions shall not constitute a waiver of such right.
h. You agree to receive notices or updates from FBC in relation to our services electronically and you must notify us of any changes in your contact details.
i. If there is a conflict, inconsistency or ambiguity between these terms and conditions and any other terms or agreements entered into separately with FBC (“Other Terms”), those Other Terms shall prevail unless otherwise stated
j. If a provision of this Terms and Conditions is held to be void, invalid, illegal, or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from this Terms and Conditions without affecting the validity or enforceability of the remainder of that provision or the other provisions in this Terms and Conditions.
k. Each and every provision of this Terms and Conditions and the FBC Service Agreement shall be construed as though you and FBC participated equally in the drafting of same. Any rule of construction that a document shall be construed against the drafting party, including without limitation, the doctrine commonly known as contra proferentem, shall not be applicable to this Terms and Conditions and the FBC Service Agreement.
l. This Terms and Conditions and the FBC Service Agreement constitute the entire agreement and understanding between us. Any variations shall be mutually agreed upon and made in writing.
m. These Terms and Conditions and the FBC Service Agreement are governed by the laws of New South Wales. You submit to the non-exclusive jurisdiction of the courts of New South Wales.