Terms & Conditions -
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Stage One General Terms & Conditions, Standard Costs Agreement & Disclosure

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

General Terms & Conditions

By using this site you signify your acceptance of these terms of use. If you do not agree to these terms of use please do not use the site. We reserve the right, to change, modify, add, or remove portions of these terms at any time. Please check these terms regularly to ensure that you are aware of any changes. Your continued use of Credit Law following the posting of changes to these terms (including the Credit Law Privacy Policy") will mean you accept any changes made to the site.

This site is intended to give you legal information, not legal advice. The law is different from jurisdiction to jurisdiction, and even similar laws may be interpreted differently in different courts or in different places. The law is a personal matter, and no general information like the kind we provide can fit every circumstance, so you should consult a lawyer in your area to get specific advice for your problem. Nothing on this website should be considered legal advice.

Credit Law Australia Pty Ltd (Credit Law) is not responsible for any loss, injury, claim, liability, or damage related to your use of the site, whether from errors or omissions in the content of our site or any other linked sites, from the site being down or from any other use of the site. Use of the site is at your own risk.

No warranties are made as to the correct completion of the questions by you the user. You may not get the desired assessment if incorrect or incomplete information is provided and is not a true account of the circumstances or problems encounted on your CRA. Therefore you may not receive the results that you wanted or the outcome that you desired.

At Credit Law, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. Technologies are rapidly changing as are the services that we provide to you. Therefore, these policies are subject to change and we will post any changes on this page. Please read on for more details about our privacy policy.

Disclaimer

The information found on Credit Law does not constitute legal or professional advice. It is not intended to be used in the course of any adviser-client discussion. Instead it is intended to provide general information with respect to common legal and professional issues. Links to other sites are listed for the user's convenience, and do not necessarily imply sponsorship, endorsement, or approval by Credit Law. Credit Law has no responsibility for the content found on the linked sites. Credit Law may contain information constructed by third parties for which Credit Law assumes no responsibility. Your access to and use of Credit Law is subject to additional Terms of Service.

The materials in this site are provided "as is" and without warranties of any kind either expressed or implied. To the fullest extent permissible pursuant to applicable law, Credit Law disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Credit Law does not warrant that the functions contained in the materials will be uninterrupted or error-free, or that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Credit Law does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not Credit Law) assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Content Linked to Credit Law

Credit Law encourages you to exercise discretion while browsing the Internet using this service. Credit Law is not and cannot be held responsible for the accuracy, copyright compliance, legality or decency of material contained in sites linked to the Credit Law site.

Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall Credit Law be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if Credit Law or a Credit Law authorised representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Credit Law's total liability to you for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence), or otherwise exceed the amount paid by you, if any, for accessing this site.

Jurisdictional Issues

This site is controlled and operated by Credit Law from its offices within the State of New South Wales, Australia. Credit Law makes no representation that materials on the site are appropriate or available for use in other locations unless specifically stated. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Termination

These terms are effective until terminated by either party. You may terminate these terms at any time by destroying all materials obtained from any and all Credit Law site(s) and all related documentation and all copies and installations thereof, whether made under the terms of these terms of service or otherwise. These terms will terminate immediately without notice from Credit Law if in Credit Law's sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must destroy all materials obtained from this site and any and all other Credit Law site(s) and all copies thereof, whether made under the terms of these terms or otherwise.

Copyright - Restrictions on use of Materials

This site is operated by Credit Law and its affiliates, (collectively referred to as "Credit Law," "we," "us," or "our" herein). No material from Credit Law or any website owned, operated, licensed, or controlled by Credit Law may be copied, reproduced, republished, uploaded, reposted, transmitted, or distributed in any way. You may however, download one copy of the materials on any single computer for your personal use only. All copyright and other proprietary notices must be kept intact. Modification of the materials or use of the materials for any other purpose is a violation of Credit Law's copyright and other proprietary rights. The use of such material on any other website or networked computer environment is prohibited. All trademarks, service marks, and trade names are proprietary to Credit Law.

Submissions

Credit Law is pleased to hear from applicants and welcomes your comments regarding Credit Law's services. Unfortunately Credit Law's company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Credit Law's professional staff might seem to others to be similar to their own creative work.

While we do value your feedback on our services we request that you be specific in your comments about those services. If at our request you send certain specific despite our request you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of Credit Law. None of the Submissions shall be subject to any obligation of confidence on the part of Credit Law. Credit Law shall not be liable for any use or disclosure of any Submissions.

Without limitation of the foregoing, Credit Law shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

Agents

Credit Law reserves the right to engage or contract agents for the sole purpose of advertising and lead generation, these agents are remunerated by the company. Applicants or brokers are not to in any way to remunerate or pay commission or contract agents for and on behalf of the company.

Refunds

Applicants may apply for a refund if the applicant disputes a part or part(s) of the company service. A part or full refund is applicable if the applicant's claims are not in breach of all or any part of the terms and condition in which they have applied. The company reserves the right to deny refunds for false refund claims. Applicants which apply for a refund must do so within 30 days of the application being lodged with the company and will be notified in writing within 7 days. Claim for refunds can be made by writing to: Credit Law Refunds c/: disputes. Level 17, 60 Castlereagh Street Sydney 2000 NSW or email: refunds@creditlaw.com.au

Complaints

Complaints can be made in writing to the company Level 17, 60 Castlereagh street Sydney NSW 2000 or email complaints@creditlaw.com.au Consumer information is available at www.fairtrading.nsw.gov.au

Information and Payments

Collection of applications and applicants information is stored and managed in a secure environment and is not released to the public under any circumstances. False applications or misleading information is forwarded to authorities for investigation. Applications received and returned are due to incomplete information Brokers or agents investigated for misrepresentation of the company will be excluded from associating with the company until further notice. Suspect transactions or use of fraudulent payment methods are investigated and where appropriate referred to authorities.

Other

These terms shall be governed by and construed in accordance with the laws of the State of New South Wales, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in New South Wales and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

Stage One Standard Costs Disclosure

This document discloses information about the costs of our legal services, and your rights, as required by the Legal Profession Act 2004 NSW (the Act). You may negotiate and enter into a costs agreement with us based on the information contained in this document. A standard costs agreement is attached.

1. GST

All rates, charges, expenses etc in this document are GST exclusive unless otherwise stated. Where the service provided is subject to GST, GST of 10% will be added and charged to you.

2. Costs-how calculated

2.1 Professional Fees

We will charge you professional fees for the work we do either:

2.2 Charges

We will charge you for services we use or supply. Our rates are:

These charges are part of the lump sum amount of $220.00 GST Inc referred to at 2.1.1 above.

3. Your right to a bill of costs

You are entitled to receive a bill of costs from us. If we send you a lump sum bill you may request an itemised bill within 30 days of receipt of the lump sum bill.

4. Billing arrangements

We will send you a bill of costs containing information of our professional fees and charges, disbursements and expenses, including GST, either after completion of the work, or at other times as agreed with you, when the work is in progress.

5. Interest on unpaid costs

If our costs are not paid within 30 days of receipt by you of our bill of costs, we may charge you interest on the unpaid amount at the rate prescribed in Regulation 110A, (as amended), of the Legal Profession Regulation 2005. The current rate is The current rate is 8 % per annum, but may vary at the time the Bill of Costs is issued.

6. Dispute as to legal costs

The Act gives you the right to: apply to the Supreme Court to have the bill of costs assessed for its fairness and reasonableness by a Costs Assessor; or the right to have the costs mediated if the dispute is less than $10,000 (referral for mediation must be made before an application for assessment is accepted by the Manager, Costs Assessment); or a costs agreement set aside by the Costs Assessor on the basis that it is not fair, just or reasonable. Applications for assessment should be made before the expiry of 60 days after receipt of the bill of costs, or request for payment of costs made by us, or full payment made to us, whichever is the earliest.

7. Persons responsible for your matter and legal costs

Mr. Tully will be responsible for your matter.

You may contact me regarding your matter and your legal costs.

8. Substantial changes to disclosure

You will be informed, as soon as is reasonably practicable, of any substantial changes to anything contained in this disclosure document.

9. Progress reports

You are entitled to request, at reasonable intervals, written progress reports on your matter. Our normal charge-out rates will apply for this service. You are entitled to request a written report on the legal costs incurred to date or since the last bill of costs was given to you, free of charge.

10. Engagement of another law practice

It may be necessary for us to engage, on your behalf, the services of another law practice to provide specialist advice or services, including advocacy services, or to act as our agent. We will consult you as to the terms of that law practice's engagement, but you may be asked to enter into a costs agreement directly with that law practice. The law practice engaged by us will disclose costs in a similar manner and we will disclose those costs to you.

11. Applicable law

The law of NSW applies to legal costs regarding this matter. If this matter has a substantial connection with the law of any other State or Territory you may wish to have the matter dealt with by the law of that State or Territory. If you do so, as an incorporated legal practice separate disclosure requirements are imposed on us and we will disclose our costs in accordance with those requirements. You may, however, contract with us that the costs assessment scheme in NSW is applicable in the event of any dispute arising as to costs.

Stage One Standard Costs Agreement

A. This document is an offer to enter into a costs agreement with you.

B. The work we have been instructed to do is: Evaluate your credit file.

C. The disclosure requirements which we are required to provide you under the Legal Profession Act 2004 are contained in annexure A which forms part of this document.

D. Acceptance of Offer

If you accept this offer you will be regarded as having entered into a costs agreement. This means you will be bound by the terms and conditions set out in this document, including being billed in accordance with it. Acceptance may be by any one of the following ways:

• signing and returning a copy of this document;
• giving us instructions after receiving this document;
• Oral acceptance; or
• By placing the sum of $220.00 in to our trust account

Failure to accept our offer within 7 days of dispatch of this document can result in the immediate withdrawal of our offer to act on your behalf.

E. Termination of Agreement

E1. We will not continue to do the Work: if you fail to place the sum of $220.00 into our trust account; if you fail to provide us with adequate instructions within a reasonable time; if you give instructions that are deliberately false or intentionally misleading; if you fail to accept an offer of settlement which we think is reasonable; if you fail to accept advice we (or counsel) give you; if you engage another law practice to advice you on this matter without our consent; if we, on reasonable grounds, believe that we may have a conflict of interest, or if you indicate to us that we have lost your confidence; or for other just cause.

We will give you at least fourteen (14) days' notice of our intention to terminate our agreement, and of the grounds on which the notice is based.

E2. You may terminate this agreement at any time.

E3. If the agreement is terminated either by you or us, you will be required to pay our professional fees and charges for work done, and for expenses and disbursements incurred, up to the date of termination. For lump sum fee matters, you must pay the part of our lump sum fee that we reasonably estimate has been incurred in respect of the legal services provided to you up to the date of termination, plus charges, expenses and disbursements, subject to your right to a costs assessment. You will be liable to pay our costs whether or not the other party to any court proceedings has to pay your costs of the proceedings.

On termination, we are entitled to retain possession of your papers and documents while there is money owing to us for our charges and expenses, unless and until security is provided for our costs.

F. Retention of your documents

We will, on completion of the Work, retain any papers to which you are entitled, but leave in our possession (except documents deposited in safe custody) for no more than seven (7) years on the undertaking that we have your authority to destroy the file seven years after the date of the final bill rendered by us in this matter.

G. Privacy Protection

Personal information about you, provided by you and other sources, is protected under the Privacy Amendment (Private Sector) Act 2000. Disclosure of such information may be compelled by law (eg. under the Social Security Act). You also authorise us to disclose such information where necessary to others in furtherance of your matter (eg. within the law practice, to the Court, the other party or parties to litigation, to valuers, experts, barristers etc).

H. Payment / Money on Account

We require you to pay us, in advance, $220.00 GST Inc on account of our costs.

I. Authorisation to Transfer Money from Trust Account

You authorise us to receive directly into our trust account any judgment or settlement money, or money received from any source in furtherance of your work, and to pay ourselves our costs, disbursements and expenses in accordance with the provisions of clauses 88(3)(a)(i) and 88(3)(b) of the Legal Profession Regulation 2005.

Signed:

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