terms and Conditions

Following are our Terms and Conditions of trading with you. You agree to appoint us to manage your accounts receivables ledger us on the following terms and conditions:

1. BC ENTERPRISES Pty Ltd is a licensed Commercial agent CAPI license number 412204958. By entering into this agreement you authorise us to undertake collection activities on your behalf which will include telephone demands, letters of demand and instructing solicitors and other persons to provide accounts receivables services your behalf. You here by authorize us to represent to your debtors we are your authorized agent.

2. As a licensed Commercial Agent, we are bound by the protocols laid down by the Australian Competition and Consumer Commission and you hereby acknowledge our requirements by law to act within those protocols.

3. You agree that you will:

a. Immediately notify us of payments of any debt that you receive.
b. Not settle or compromise the debt without prior notice to us.
c. Advise us immediately of any change of the balance of the outstanding debt.
d. Maintain accurate records in relation to all debts that you have placed

4. Our fees shall be charged in accordance with the attached Schedule of Fees.

5. BC ENTERPRISES Pty Ltd will hold and use confidential information that you provide to us solely for the purposes of assisting us in performing our obligations under the agreement. Whilst we agree to hold the information confidential, we may however be required to disclose confidential information as required by law.

6. To the extent permitted by law, our liability to you is limited with respect to each debt to the fees paid or payable by you in relation to that debt.

7. You indemnify us and all our employees, servants and agents against all losses, damages, expenses and costs that we or our employees may sustain as a result of any breach by you of this agreement, any lawful or willful misconduct by you and any third-party claim except those arising out of our own negligence or breach of this agreement.

8. Either party may terminate this agreement upon 30 days written notice to the other or such other time as the parties may mutually agree. upon termination we will return all confidential information to you, perform our obligations up to and including the date of termination and you will attend to payment of any outstanding tax invoices issued before and after termination.

9. This agreement constitutes the entire agreement between us and no understanding or arrangement which is not expressly set out in this agreement will bind either party. Any variation of this agreement must be in writing and accepted by both parties.

10. You agree to immediately notify us of any change in your name, corporate structure or trading style which will affect the entity from that which is specified in the agreement.

11. If either party at any time fails to enforce any power, remedy or right under this agreement, this will not be deemed to constitute a waiver of those rights, powers or remedies or affect either parties right to enforce those rights, powers or remedies at any time.

12. If any provision of this agreement is invalidated or made unenforceable by any Court of law or Tribunal, that provision will as to that jurisdiction be unenforceable to the extent of that provision without invalidating the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.

13. This agreement is governed by the laws and Courts of the State of New South Wales and the Commonwealth of Australia.

14. Any Personal Information about a natural person that is contained in this Service Agreement and Authority to Act (“Agreement”) is treated as confidential and will be handled in accordance with the Privacy Act, Australian Privacy Principles and the Privacy Policy of National Collection Services Pty Ltd. You can ask us for a copy of this Privacy Policy or it is available at our web site,

15. We will use your personal information:

a. To keep you informed about the progress of matters you have engaged us to handle on your behalf; and
b. To pay you the recovery sum; and
c. To inform you of new products and services that become available.

16. In keeping you informed of the progress of matters you have engaged us to handle, we might pass personal information about the debtor/s (or natural persons connected with the debtor/s) and this personal information might include sensitive information. Any information that we provide to you about the debtor/s (or natural persons connected with the debtor/s) must be used and handled by you strictly in accordance with the Privacy Act and the Australian Privacy Principles.

PRIVACY POLICY

www.blackcollect.com.au Privacy Policy

Type of website: Ecommerce
Effective date: 1st day of January, 2021

www.blackcollect.com.au (the “Site”) is owned and operated by BC ENTERPRISES PTY LTD. BC ENTERPRISES PTY LTD can be contacted at:

accounts@blackcollect.com.au
(02) 9302 1000
2/23-25 Bay Street, Double Bay, NSW, Australia, 2028

Purpose
The purpose of this privacy policy (this “Privacy Policy”) is to inform users of our Site of the following:

  1. The personal data we will collect;
  2. Use of collected data;
  3. Who has access to the data collected; and
  4. The rights of Site users.

This Privacy Policy applies in addition to the terms and conditions of our Site.

Consent
By using our Site users agree that they consent to:

  1. The conditions set out in this Privacy Policy; and
  2. The collection, use, and retention of the data listed in this Privacy Policy.

Personal Data We Collect
We only collect data that helps us achieve the purpose set out in this Privacy Policy. We will not collect any additional data beyond the data listed below without notifying you first.

Data Collected in a Non-Automatic Way
We may also collect the following data when you perform certain functions on our Site:

  1. First and last name;
  2. Email address;
  3. Phone number; and
  4. Payment information.

This data may be collected using the following methods:

  1. Enquiry Form; and
  2. Payment Form.

How We Use Personal Data
Data collected on our Site will only be used for the purposes specified in this Privacy Policy or indicated on the relevant pages of our Site. We will not use your data beyond what we disclose in this Privacy Policy.

The data we collect when the user performs certain functions may be used for the following purposes:

  1. Communication.

Who We Share Personal Data With
Employees
We may disclose user data to any member of our organisation who reasonably needs access to user data to achieve the purposes set out in this Privacy Policy.

Other Disclosures
We will not sell or share your data with other third parties, except in the following cases:

  1. If the law requires it;
  2. If it is required for any legal proceeding;
  3. To prove or protect our legal rights; and
  4. To buyers or potential buyers of this company in the event that we seek to sell the company.

If you follow hyperlinks from our Site to another Site, please note that we are not responsible for and have no control over their privacy policies and practices.

How Long We Store Personal Data
User data will be stored until the purpose the data was collected for has been achieved.

You will be notified if your data is kept for longer than this period.

How We Protect Your Personal Data
PCI Compliant

While we take all reasonable precautions to ensure that user data is secure and that users are protected, there always remains the risk of harm. The Internet as a whole can be insecure at times and therefore we are unable to guarantee the security of user data beyond what is reasonably practical.

Children
We do not knowingly collect or use personal data from children under 16 years of age. If we learn that we have collected personal data from a child under 16 years of age, the personal data will be deleted as soon as possible. If a child under 16 years of age has provided us with personal data their parent or guardian may contact our privacy officer.

How to Access, Modify, Delete, or Challenge the Data Collected
If you would like to know if we have collected your personal data, how we have used your personal data, if we have disclosed your personal data and to who we disclosed your personal data, or if you would like your data to be deleted or modified in any way, please contact our privacy officer here:

Timothy Medley
tim.medley@blackcollect.com.au
(02) 9302 1000
2/23-25 Bay Street, Double Bay, NSW, 2028

Modifications
This Privacy Policy may be amended from time to time in order to maintain compliance with the law and to reflect any changes to our data collection process. When we amend this Privacy Policy we will update the “Effective Date” at the top of this Privacy Policy. We recommend that our users periodically review our Privacy Policy to ensure that they are notified of any updates. If necessary, we may notify users by email of changes to this Privacy Policy.

Contact Information
If you have any questions, concerns or complaints, you can contact our privacy officer, Timothy Medley, at:

tim.medley@blackcollect.com.au
(02) 9302 1000
2/23-25 Bay Street, Double Bay, NSW, 2028