Terms & Conditions

Debt Collection Services

1. 1

   Commission

   Unless otherwise agreed in writing, the applicable commission rate will be determined by the total amount of the debt referred to SCI at the commencement of the instruction and will remain fixed for the duration of the matter.

   Where multiple invoices, accounts or amounts owing by the same debtor are referred as part of the same instruction, SCI may aggregate those amounts for the purpose of determining the applicable commission rate.

   SCI's standard commission rates are:

   Total Debt Referred	Commission Rate
   $1.00 – $3,000.00	30%
   $3,000.01 – $10,000.00	25%
   $10,000.01 – $25,000.00	20%
   $25,000.01 – $50,000.00	17.5%
   $50,000.01 – $100,000.00	12.5%
   $100,000.01 – $200,000.00	10%
   $200,000.01 – $500,000.00	7.5%
   Over $500,000.00	By quotation

   Different commission rates may be agreed in writing for particular clients, portfolios or instructions. Any specifically agreed rate will apply in place of the standard rate.

   Commission is payable on all recoveries, benefits or reductions in indebtedness occurring after referral, including:

   • (a) payments received by SCI;
   • (b) payments made directly to the Creditor or to any person on the Creditor's behalf;
   • (c) settlements or compromises;
   • (d) credits, credit notes or allowances;
   • (e) contra arrangements;
   • (f) set-offs;
   • (g) write-offs agreed as part of a settlement or compromise;
   • (h) transfers of property, goods or other value in satisfaction of the debt; and
   • (i) any other arrangement which has the effect of satisfying, reducing or discharging all or part of the debt.

   Commission remains payable irrespective of whether SCI physically receives the funds.

   Where an amount is recovered after SCI's instructions have been terminated or withdrawn, commission remains payable where SCI's work, communications, negotiations, tracing, field attendance, legal action or other involvement contributed directly or indirectly to the recovery.

2. 2

   No Guarantee of Recovery

   SCI shall use reasonable skill and care in the provision of its services but does not warrant or guarantee the successful recovery of any debt.

3. 3

   Payments and Recoveries Received Directly

   The Creditor must immediately notify SCI of any payment, settlement, credit, set-off, contra arrangement or other recovery occurring after referral.

   The Creditor must provide SCI with sufficient information to calculate the commission payable.

   A direct payment or arrangement between the Creditor and debtor does not avoid or reduce SCI's entitlement to commission.

4. 4

   Fees and Payment Terms

   All invoices rendered by SCI are payable within seven (7) days of the invoice date unless otherwise agreed in writing.

5. 5

   Default and Recovery Costs

   In the event of default in payment, SCI shall be entitled to recover all reasonable costs incurred in enforcing its rights, including legal costs on a solicitor-client basis and interest at a reasonable commercial rate not exceeding 15% per annum calculated daily.

6. 6

   Control of Communications

   Upon instruction, the Creditor shall not communicate directly with the debtor regarding the debt without SCI's prior written consent and shall immediately refer any communication received from the debtor to SCI.

7. 7

   Settlement and Compromise

   The Creditor shall not enter into any settlement, payment arrangement, compromise, credit, set-off, contra arrangement, waiver or other arrangement affecting the debt without SCI's prior written consent.

   Any such arrangement entered into after referral will be treated as a recovery for the purpose of calculating commission to the extent that it satisfies, reduces or discharges the debt.

8. 8

   Authority to Act

   The Creditor appoints SCI as its agent for the purpose of recovering the debt and authorises SCI to take all reasonable steps in pursuit of recovery.

9. 9

   Accuracy of Information

   The Creditor warrants that all information provided is accurate, complete and lawful.

   Where information is materially incorrect or misleading, SCI may terminate its instructions and charge reasonable fees reflecting work undertaken.

10. 10

    Negotiation Authority

    SCI is authorised to negotiate payment arrangements with the debtor in its discretion.

11. 11

    Indemnity

    The Creditor indemnifies and holds harmless SCI from and against all losses, costs, damages and liabilities arising from instructions given by the Creditor, except to the extent caused by SCI's negligence, wilful misconduct or breach of law.

12. 12

    Termination

    Either party may terminate the engagement by written notice.

    Termination does not affect SCI's entitlement to any commission, fees, disbursements or costs already incurred or subsequently becoming payable under these Terms.

    SCI remains entitled to commission on a recovery occurring after termination where SCI's prior involvement contributed directly or indirectly to that recovery.

13. 13

    Withdrawal, Reduction or Cancellation

    Where the Creditor:

    • (a) withdraws the debt;
    • (b) instructs SCI to cease recovery;
    • (c) materially reduces the amount claimed;
    • (d) settles directly with the debtor;
    • (e) issues a credit, allowance or write-off;
    • (f) accepts property, services or other value in satisfaction of the debt; or
    • (g) fails to provide required instructions within a reasonable time,

    SCI may charge:

    • (i) any commission payable under these Terms;
    • (ii) all fees, disbursements and costs incurred; and
    • (iii) reasonable cancellation or administration fees reflecting the work undertaken and stage reached.

    A withdrawal, reduction, settlement, credit or write-off does not extinguish SCI's entitlement to commission where it constitutes or results from a recovery, compromise or resolution of the debt following referral.

14. 14

    Right of Deduction and Set-Off

    SCI may, at any time and without prior notice, deduct and set off any amounts owing to SCI by the Creditor, including commission, fees, disbursements, interest or any other sums due, from monies received or held by SCI on behalf of the Creditor.

    This right applies across all accounts, matters and engagements for which SCI acts or has acted. SCI may apply such monies in such order and manner as it determines.

15. 15

    Limitation of Liability

    To the maximum extent permitted by law, SCI's liability shall be limited to the total fees paid by the Creditor in respect of the relevant matter.

    SCI shall not be liable for any indirect, consequential or economic loss.

16. 16

    Privacy Compliance

    The Creditor warrants that all personal information has been collected, used and disclosed in accordance with the Privacy Act 2020 and applicable codes.

17. 17

    Use of Legal Representatives and Agents

    SCI is authorised to instruct any person including a barrister, solicitor, field agent or other representative to act on behalf of the Creditor in the collection, enforcement or recovery of any debt.

18. 18

    Counsel Fees and Administration Charge

    Where SCI engages a barrister, solicitor or other legal representative on behalf of the Creditor, SCI may charge an administration and management fee in addition to the fees charged by that representative.

    This fee reflects work undertaken by SCI in briefing and instructing legal representatives, preparing and collating documentation, coordinating communications, managing the matter, monitoring progress, processing invoices and providing ongoing support and reporting.

    The Creditor shall be liable for all counsel fees, legal costs, disbursements and administration and management fees incurred by SCI in connection with the matter.

19. 19

    Credit Reporting and Credit Checks

    Where the Creditor instructs SCI to obtain a credit report or undertake credit enquiries, the Creditor authorises SCI to collect, use, disclose and exchange personal information with credit reporting agencies, including Centrix Group Limited, for the purpose of obtaining credit information and assessing creditworthiness.

    The Creditor further authorises SCI, where permitted by law and applicable to the services provided, to provide information relating to payment defaults, overdue accounts, repayment history, collection activity and debt recovery outcomes to credit reporting agencies, including Centrix Group Limited, for credit reporting and default listing purposes.

    The Creditor warrants that it has obtained all necessary consents and complied with all applicable legal requirements, including the Privacy Act 2020, before requesting any credit check, credit reporting activity or default listing.

    Details of how Centrix handles personal information are available at: https://www.centrix.co.nz/privacy-statement

Private Investigation Services

1. 1

   Services

   SCI provides private investigation, surveillance, intelligence gathering, and related services as instructed by the Client.

2. 2

   No Guarantee

   SCI does not warrant or guarantee any particular outcome, result, or evidence.

3. 3

   Evidence Disclaimer

   SCI gives no warranty that any information or evidence obtained will be admissible or suitable for use in any legal or administrative proceedings.

4. 4

   Fees and Disbursements

   Fees may be charged on an hourly, fixed fee, or quoted basis. The Client shall be liable for all disbursements incurred by SCI, including travel, accommodation, surveillance costs, database access, subcontractors, and third-party expenses.

5. 5

   Payment and Retainers

   Invoices are payable within seven (7) days. SCI may require a deposit or retainer and may suspend services where funds are exhausted.

6. 6

   Client Obligations

   The Client warrants that all instructions are lawful, all information provided is accurate and complete, the Client has authority to provide such instructions, and the Client is not subject to any court order, statutory restriction, or legal limitation, including protection orders or non-contact orders, preventing SCI from acting. SCI may suspend or terminate services where it reasonably believes such a restriction exists.

7. 7

   Confidentiality

   SCI shall treat information obtained in the course of its services as confidential, subject to legal obligations and operational requirements.

8. 8

   Legal Risk Acknowledgment

   The Client acknowledges that investigation services involve inherent legal and practical risks beyond SCI's control.

9. 9

   Use of Information

   The Client accepts sole responsibility for the use of any information, reports, or evidence provided by SCI.

10. 10

    Indemnity

    The Client indemnifies SCI against all losses, costs, and claims arising from the Client's instructions except where caused by SCI's negligence, wilful misconduct, or breach of law.

11. 11

    Limitation of Liability

    SCI's liability shall be limited to fees paid. SCI shall not be liable for indirect or consequential loss.

12. 12

    Termination

    Either party may terminate the engagement at any time. Fees incurred shall remain payable.

13. 13

    Cancellation

    SCI may charge for work completed, committed costs, and reasonable cancellation charges.

14. 14

    Set-Off

    SCI may deduct any amounts owing across all matters and engagements.

15. 15

    Force Majeure

    SCI shall not be liable for any delay or failure caused by events beyond its reasonable control.

General Terms