Man Reading the Newspaper

PAYMENT ARRANGEMENT AND SPECIAL OFFER TERMS AND CONDITIONS

MB_Icon_BG_Right.png

1. Definitions

Payment Arrangement is a proposal made by You to settle the debt by way of instalments.

Special Offer is a proposal made by your Creditor to settle the debt for a discounted sum.

Creditor means the entity who is entitled to recover the debt.

Payment Schedule is the amount and frequency of the instalments under the Payment Arrangement or Special Offer.

Us or we means Mason Black Lawyers Pty Ltd (ACN 052 098 012) trading as Mason Black + Mendelsons Lawyers and its related entities including Prushka Fast Debt Recovery Pty Ltd (ACN 005 962 854), Recoveries Corporation Pty Ltd (ACN 052 138 799), and Transaction Capital Finance Australia Pty Ltd (ACN 135 458 141)

Company means the Company who is liable for the debt owed to the Creditor.

You means:

  a) the person liable for the debt owed to the Creditor; or

  b) an authorised representative of the Company; and/or

  c) the director of the Company.

2. Special Offer

2.1 The Special Offer only applies to outstanding amounts listed on the Special Offer screen. Any subsequent unpaid debts owed to your Creditor do not form part of the Special Offer.

2.2 The discount contained in the Special Offer has been extended to you on the condition that payment is made in a timely manner.

2.3 The Special Offer is open for acceptance for the number of days stated on the Special Offer screen.

2.4 If you fail, refuse or neglect to accept the Special Offer within the timeframe stated on the Special Offer screen, the Special Offer shall lapse and will no longer be available for acceptance.

3. Payment and Default

3.1 You must make each payment outlined in the Payment Schedule by the specified payment date.

3.2 You acknowledge that failure to adhere to the Payment Schedule without notifying our office in advance, could lead to:

  a) The Creditor’s acceptance of the Payment Arrangement and/or the Special Offer being voided, in which event the full amount, less any payments received, may become immediately due and payable;

  b) The Creditor exercising its right to recover interest pursuant to any present contractual entitlement or otherwise in accordance with the prevailing interest rate under the Penalty Interest Rates Act 1983 (Vic);

  c) The Creditor electing to issue legal proceedings against You in which event it will be entitled to seek its legal costs on an indemnity basis.

4. General

4.1 Please contact us on 1300 487 841 or email us at enquiries@mbmlawyers.com.au if you:

  a) would like to discuss an alternative payment arrangement;

  b) become unable to comply or have failed to comply with the Payment Schedule; or

  c) believe the outstanding balance is incorrect;

4.2 You agree to make payments using the selected payment method.

4.3 In order to make payments via direct debit, you must also accept the terms of the Direct Debit Service Request Agreement.

Man Reading the Newspaper

DIRECT DEBIT SERVICE REQUEST AGREEMENT

Paper Fold
MB_Icon_BG_Right.png

1. Definitions

Account means the account held at your financial institution from which we are authorised to arrange for funds to be debited.

Creditor means the entity who is entitled to recover the money paid under this Direct Debit Service Request.

Our financial institution is the National Australia Bank.

Us or we means Mason Black Lawyers Pty Ltd (ACN 052 098 012) trading as Mason Black + Mendelsons Lawyers and its related parties including Prushka Fast Debt Recovery Pty Ltd (ACN 005 962 854), Recoveries Corporation Pty Ltd (ACN 052 138 799), and Transaction Capital Finance Australia Pty Ltd (ACN 135 458 141), which you have authorised by making a Direct Debit Service Request.

Company means the Company who is liable for the debt being paid under this Direct Debit Service Request.

You means:-

  a) the person liable for the debt being paid under this Direct Debit Service Request; or

  b) an authorised representative of the Company; and/or

  c) the director of the Company.

Your financial institution is the financial institution where you hold the account that you have authorised us to arrange to debit.

2. Your Request

2.1 You warrant and represent that You are duly authorised to request the debiting of payments from the Account that is described in the Direct Debit Service Request.

2.2 You authorise Us to debit the Account or debit/credit card described in the Direct Debit Service Request via the Bulk Electronic Clearing System in accordance with these terms.

3. Debiting your Account

3.1 Direct debiting is not available on all accounts at all financial institutions. If in doubt, You should check with your financial institution with which You hold the account and check if additional fees and charges may be incurred by you as a result of this direct debit agreement.

3.2 It is your responsibility to make sure that there is enough money in the Account to meet scheduled payments. If there are insufficient clear funds in the Account to meet a scheduled payment:

  • You will have defaulted on this Agreement;

  • You may incur fees or charges imposed or incurred by us;

  • You may be charged a fee by Your financial institution; and

  • Your Direct Debit Service Request will continue on the next scheduled payment date unless the Direct Debit Service Request is varied or cancelled.

3.3 The following debit/credit cards are accepted:

  • Visa

  • MasterCard.

3.4 A debit/credit card transaction fee of 1% will apply to all card payments. These fees will be levied at the time of processing.

3.5 If a direct debit falls on a day that is not a business day, we will direct Your financial institution to debit the Account on the next business day.

4. Contact

4.1 You authorise Us to issue SMS and email notifications in relation to the management of your Direct Debit Service Request.

5. Cancellation / Variation

5.1 Only one active direct debit arrangement can exist at any time for a given account reference.

5.2 If You wish to vary, or defer a scheduled payment, or cancel a Direct Debit Service Request, You must provide Us with notice of at least 10 days before the next scheduled payment date. Requests for cancellation may alternatively be made directly to Your financial institution with which You hold the Account.

5.3 We may vary any details of this direct debit agreement at any time by giving You at least 14 days’ written notice.

6. Default

6.1 In the event that You default under this direct debit agreement:

  a) We may cancel this direct debit agreement with immediate effect, in which event You will be notified in writing.

  b) The total amount of the debt the subject of this direct debit agreement, less payments received, may become immediately due and payable.

7. Confidentiality

7.1 Except to the extent that disclosure is necessary in order to process direct debit payments, investigate and resolve disputed transactions or is otherwise required by law, we will maintain confidentiality with respect to your Account and payments.

7.2 All information provided in relation to the Direct Debit Service Request will be handled in accordance with the privacy policy maintained by Us.

7.3 Credit Card details are not stored by Us.

7.4 Payments will be processed directly through the secure payment portal of Our financial institution.

8. Dispute Resolution

8.1 You should check the Account statement to ensure that the amounts debited from the Account are correct.

8.2 If you believe there has been an error in debiting the Account, You may either contact:

  • Us; and/or

  • Your financial institution

to seek clarification and rectification where necessary.

8.3 If You refer the matter to Us we will investigate your claim and in the event that the Account has been incorrectly debited we will arrange a refund to be credited to the Account/card nominated in the Direct Debit Service Request.

8.4 If we conclude as a result of our investigation that the Account has not been incorrectly debited, we will respond to your query by providing You with reasons and evidence for this finding.