Terms & Conditions
FIX BAD CREDIT SERVICE AGREEMENT TERMS AND CONDITIONS
This website (“Site”) is operated by Fix Bad Credit Pty Ltd ABN 83 636 741 592. It is available at: www.fixbadcredit.com.au and may be available through other addresses or channels. Throughout the site, the terms “we”, “us” and “our” refer to Fix Bad Credit (FBC). FBC offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
These terms cover engagement of our services, including obtaining a free credit report and our paid services.
1. Applying for your credit report
a. By entering your details into this Site and pressing submit, you authorise Fix Bad Credit Pty Ltd ABN:83 636 741 592 (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. While obtaining a credit report is free, FBC may charge for this service as part of the negative detail removal and debt negotiation process. The charge is for the time spent in submitting details and verifying the information to the reporting agencies;
c. Upon the provider accepting your payment, FBC will provide you with a copy of your credit file, should you not already have one. FBC will fill out online investigation forms, request documents from creditors and refer to known legislative material that may assist in the removal of any negative information on your credit file.
a. Where the option is given to you, you may make payment for the services (“Services Fee”) by way of:
- Electronic Funds Transfer (‘EFT’) into our nominated bank account
- Credit Card Payment (‘Credit Card’)
- PayPal (‘PayPal)
- Pay-advantage or any third-party App agreed to by both parties
Please note any third-party surcharges or fees will be passed onto you.
b. You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee. You agree and acknowledge that FBC can vary the Services Fee at any time;
c. By signing the Letter of Authority (“LOA”), you consent to FBC sending written correspondence to credit reporting agencies, credit providers and financial institutions, and creditors on your behalf. FBC will act on your behalf in rectifying the negative details on your credit file and negotiating debt, however, FBC does not guarantee any amendment to your credit information or debt;
d. The LOA extends to any employee, agent, contractor, and consultant of FBC. This authority continues to be in force until such time as the retainer between yourself and FBC has been satisfied or until such time as the authority is revoked in writing;
e. 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;
f. 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. Your only contact will be with FBC until the matter is settled, unless instructed by FBC otherwise.
3. FBC Service Agreement
a. After accepting our proposal to work with you, we will email you a Service Agreement (the “Agreement”) to be signed by you;
b. The FBC Service Agreement (the ‘Agreement’) proposal is valid for seven (7) days and until the Agreement is signed and returned;
c. Any Special Pricing Arrangements under the Agreement proposal are available for 48 hours from the time they were sent, after which they revert to the scheduled price.
4. Special Pricing Arrangements
a. FBC offers a Special Pricing Arrangement under certain circumstances;
b. We will advise you in the Service Agreement letter of the particulars of the Special Pricing Arrangement;
c. We will further advise you of the Scheduled fee costs in the Service Agreement letter;
d. This Special Pricing Arrangement is valid only when the following conditions are met:
- the terms are accepted within 5 days of the proposal; and
- if payments are made on time as agreed upon;
e. Failure to meet these conditions will result in the amount owing reverting to the scheduled fee.
5. Payment Policy
a. If approved for a payment arrangement, and a payment is missed FBC have the right to request the payment in full before any further works continue.
b. If we accept a payment arrangement on the service/s we provide, we will start the investigation once the first payment has been received. If the payment arrangement ceases or dishonours, we will cease work until funds have been received. If the payment remains outstanding for more than 30 days, we will close the file and you will not be entitled to a refund. If payments are outstanding for more than 30 days, legal action can be taken, and you will be liable for interest on the outstanding amount and all legal costs, including any costs we incur to collect any payment.
c. Default Interest: The default interest rate will be applied from the day after the payment was due. It will be applied at 20% per annum calculated on a daily basis. Any payment you make to us shall first be credited against any default interest accrued, should you then elect to continue with our services, you may receive a credit, but the full balance including interest will be required to be paid before work recommences.
6. Refund Policy
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 completely satisfied with the services we provide, and we will always work with you to achieve the best possible outcomes. However, there are certain terms and conditions that apply to our services, and we ask that you read and understand these before engaging us. We understand that there may be circumstances where a refund is required, and we have developed the following policy to ensure compliance with the law:
a. Accuracy of Information
Information provided by you during the discovery process and in the signed Circumstances Statement 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 circumstance statement. If any information provided is deemed by FBC to be inaccurate or false, we have the right to cancel the Agreement and accelerate the remaining payments as due. You will not be entitled to a refund in this situation.
b. 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 commencing works FBC have the right to cancel the Agreement and accelerate the remaining payments as due. You will not be entitled to a refund in this situation.
c. Communication with Creditors
Upon accepting the agreement, you will only discuss matters relating to the scope of works with FBC and its representatives. You are to have no contact with the creditor(s) unless instructed by FBC. Any contact with creditors without instruction from FBC can result in termination of the Agreement without any refund.
d. Failure to Provide Information
If information has been requested from you and is not provided within the requested timeframe FBC can cancel the Agreement, and you will not be entitled to a refund.
e. 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 from a person’s credit report. We offer a refund if we cannot remove the incorrectly reported entries or negative item information from your credit report.
f. Failure to Make Payment on Default Listing
If any negative detail on the credit report contains an unpaid default listing, and the creditor has confirmation that it will be removed on payment, that payment is your responsibility, and you must make it within the time frame agreed. If you fail to make the payment, you will not be entitled to a refund of the FBC fee.
g. Requirements to be met to entitle you to a Refund
- Refunds will only be given once all avenues have been exhausted and once an independent ombudsman advises that the negative items cannot be removed, or a 24-month period has lapsed;
- Refunds will occur within 30 business days if above terms are met.
h. Non-Cancellable Services
To the fullest extent permitted by law, once you have accepted our proposal and we have commenced acting on your behalf, our services are non-cancellable, and there shall be no fee adjustments or refunds for any, including decreases in usage, or otherwise during the term.
7. Consent to Use of Non-Identifiable Material for Marketing
You hereby authorise FBC to use any written, audio, and visual testimonials and/or feedback for marketing purposes. Your name, address and other sensitive information will be blanked out on the material.
Either party may terminate this Agreement immediately upon written notice at any time if the other party commits a non-remediable material breach of the 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.
a. FBC may exercise any right or discretion or make any decision under these Terms and Conditions, in its absolute discretion, conditionally or unconditionally, and without being required to disclose the reason. This clause applies unless these Terms and Conditions expressly require otherwise.
b. FBC may assign its interest under these Terms and Conditions without requiring the Customer’s consent.
c. 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.
d. You agree to receive notices or updates from us in relation to the Services electronically and must notify us of any changes in your contact details.
e. If there is a conflict between these Terms and Conditions, and any other terms and conditions or agreements you may have with FBC, those additional terms, conditions and agreements will, unless otherwise stated, prevail to the extent of the conflict.
If a provision of these Terms 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 these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
11. Warranties and Disclaimers
To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied.
You read, use, and act on our Site and the Content at your own risk.
12. Limitation of Liability
To the maximum extent permitted by law, FBC, our directors, owners, officers, employees, affiliates, agents, contractors, representatives, service providers or licensors are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent liability suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is Incorrect, incomplete, or out of date.
We will not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
To the maximum extent permitted by law, you must indemnify and hold FBC and our directors, owners, employees, agents, officers, contractors, licensors, and service providers, harmless against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms 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.
14. Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms and Conditions are governed by the laws of Western Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Western Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
For any questions and notices, please contact us at:
Fix Bad Credit Pty Ltd ABN: 83 636 741 592
Last update: 6/6/2023