Terms & Conditions

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:

1. Electronic Funds Transfer (‘EFT’) into our nominated bank account
2. Credit Card Payment (‘Credit Card’)
3. PayPal (‘PayPal)
4. 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.

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.

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:

1. the terms are accepted within 5 days of the proposal; and
2. 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.

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.

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

1. 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;
2. 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.

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.