B2B Debt Recovery Authority & Client Agreement

The Client appoints RecoverRight to act as the Client's debt recovery agent in relation to the debt or debts identified in this Agreement.

The Client authorises RecoverRight to communicate with the debtor, request and negotiate payment, arrange payment plans where appropriate, issue recovery correspondence, and undertake other lawful debt recovery activities within RecoverRight's authority and applicable law.

RecoverRight accepts the appointment subject to the terms of this Agreement.

The Client confirms that the following amount is currently owing:

• Debtor Business Name:
• Debtor ABN:
• Invoice Number(s):
• Original Invoice Amount: $
• Outstanding Amount: $
• Original Due Date:
• Reason for Debt:

The Client warrants that, to the best of its knowledge, the information supplied to RecoverRight is accurate and that the amount claimed is genuinely owing.

The Client expressly authorises RecoverRight to contact the debtor on the Client's behalf for the purpose of recovering the outstanding debt.

This authority may include:

• Telephone calls
• Emails
• Written correspondence
• Payment requests
• Negotiation of payment arrangements
• Follow-up communications
• Requests for supporting information
• Settlement discussions, subject to the authority granted under this Agreement

RecoverRight will conduct communications professionally and in accordance with applicable Australian laws and regulations.

For the period that RecoverRight is actively engaged to recover the debt, the Client agrees that RecoverRight will be the primary point of contact for recovery communications with the debtor.

The Client agrees not to independently negotiate, settle, waive, reduce or otherwise alter the debt with the debtor without first notifying RecoverRight.

If the debtor contacts the Client directly regarding the debt, the Client should, where reasonably practicable, direct the debtor to RecoverRight.

This provision is intended to prevent conflicting communications, duplicated negotiations and arrangements that could interfere with the recovery process.

Nothing in this Agreement prevents the Client from communicating with the debtor where communication is reasonably necessary for matters unrelated to the recovery of the debt.

The Client agrees to provide RecoverRight with all information reasonably required to conduct the recovery.

This may include:

• Original invoices
• Quotes
• Contracts
• Purchase orders
• Proof of delivery
• Proof of completion
• Emails and correspondence
• Payment records
• Credit notes
• Dispute information
• Details of previous payment arrangements

The Client must promptly notify RecoverRight if:

• The debtor disputes the debt
• The debtor has already paid any amount
• The Client agrees to a separate payment arrangement
• The Client becomes aware of information affecting the validity of the debt
• The Client no longer wishes RecoverRight to pursue the debt

The Client authorises RecoverRight to negotiate payment arrangements with the debtor within the following limits:

• Maximum payment period authorised:
• Minimum settlement amount authorised: $
• Maximum discount RecoverRight may offer without further approval:%

RecoverRight must obtain the Client's approval before accepting any settlement outside these limits.

Unless otherwise agreed in writing, RecoverRight does not have authority to waive the principal debt.

The Client agrees to pay RecoverRight a recovery fee equal to 18% of amounts recovered.

The recovery fee applies to money recovered as a result of RecoverRight's recovery activities.

For example:

• Outstanding debt recovered: $10,000
• RecoverRight fee at 18%: $1,800
• Amount payable to Client: $8,200

The parties acknowledge that the applicable treatment of GST, if any, will be dealt with in RecoverRight's invoice and in accordance with applicable Australian taxation law.

The RecoverRight fee becomes payable when money relating to the referred debt is recovered.

For the purposes of this Agreement, "recovered" includes payment made:

• Directly to RecoverRight
• Directly to the Client
• To another person or entity on behalf of the Client
• Under a payment arrangement negotiated after RecoverRight was appointed

If the debtor pays the Client directly after RecoverRight has commenced recovery activity, the Client must notify RecoverRight promptly and the applicable recovery fee remains payable in accordance with this Agreement.

Where RecoverRight receives money from a debtor on behalf of the Client, RecoverRight will account to the Client for the recovered amount in accordance with the agreed payment process.

RecoverRight will deduct its agreed recovery fee of 18% and remit the remaining amount to the Client.

Example:

• Amount received: $5,000
• RecoverRight fee: $900
• Amount remitted to Client: $4,100

RecoverRight will provide the Client with a record or statement showing the amount recovered and the applicable fee.

The Client authorises RecoverRight to deduct its agreed recovery fee from money recovered before remitting the balance to the Client.

The Client's nominated payment details are:

• Account Name:
• BSB:
• Account Number:

The Client is responsible for ensuring that these details are accurate.

If the debtor disputes the debt, alleges defective goods or services, raises a contractual dispute, claims payment has already been made, or raises another substantive legal issue, RecoverRight may pause recovery activity while the matter is reviewed.

RecoverRight may request additional documentation from the Client.

Where legal advice, court proceedings or other legal services are required, RecoverRight may recommend that the Client obtain advice from an appropriately qualified Australian legal practitioner.

RecoverRight does not represent that it is a law firm and does not provide legal advice under this Agreement.

RecoverRight does not have authority to commence legal proceedings in the Client's name unless separately authorised and legally permitted to do so.

Where court proceedings or other formal legal action are considered appropriate, the Client may engage a solicitor or other appropriately qualified legal professional.

Unless separately agreed in writing, legal fees and court costs are the Client's responsibility.

The Client acknowledges that RecoverRight cannot guarantee that any debt will be recovered.

Recovery may depend on matters including:

• The debtor's financial position
• Whether the debtor disputes the debt
• The quality of the supporting documentation
• The terms of the original contract
• Whether the debtor can be contacted
• Insolvency or external administration
• Legal proceedings or other circumstances outside RecoverRight's control

RecoverRight will use reasonable professional efforts to pursue the recovery within the scope of this Agreement.

The Client confirms that:

• The Client is entitled to recover the debt.
• The debt has not been sold, assigned or transferred to another party unless disclosed to RecoverRight.
• The Client has authority to appoint RecoverRight as its recovery agent.
• The information provided to RecoverRight is accurate to the best of the Client's knowledge.
• The Client will notify RecoverRight immediately if any material information changes.

This Agreement does not transfer ownership of the debt to RecoverRight.

RecoverRight acts as the Client's recovery agent.

To the extent permitted by law, the Client agrees to indemnify RecoverRight against losses, claims, liabilities and reasonable costs arising from inaccurate or misleading information supplied by the Client or from the Client's failure to disclose material information concerning the debt.

This indemnity does not apply to losses caused by RecoverRight's own unlawful conduct, negligence or breach of this Agreement.

RecoverRight will conduct recovery activities in accordance with applicable Australian laws and regulations.

Nothing in this Agreement authorises RecoverRight to:

• Harass or intimidate a debtor
• Use threats or coercion
• Misrepresent the amount or nature of a debt
• Make misleading statements about legal consequences
• Enter premises without lawful authority
• Seize or threaten to seize property without lawful authority
• Impersonate a lawyer, government authority or other person
• Engage in any prohibited debt collection practice

The parties acknowledge that the Client may also have legal responsibilities when engaging a debt collector.

RecoverRight will treat information supplied by the Client as confidential and will use that information for legitimate business and debt recovery purposes.

The Client authorises RecoverRight to disclose information reasonably necessary to:

• Communicate with the debtor
• Verify the debt
• Obtain professional assistance where appropriate
• Refer the matter to legal professionals
• Comply with legal obligations

The Client authorises RecoverRight to collect, use and disclose personal information reasonably required to perform the services under this Agreement, subject to applicable privacy laws.

RecoverRight will maintain reasonable safeguards for information in its possession.

The Client may request that RecoverRight stop pursuing a debt.

The Client must notify RecoverRight in writing.

If the Client withdraws a debt after RecoverRight has commenced recovery activity, any recovery fee already earned remains payable.

If the debtor subsequently pays the debt following RecoverRight's prior recovery activity, the 18% recovery fee may remain payable in accordance with this Agreement.

If the debtor pays the Client directly after RecoverRight has commenced recovery activity, the Client must notify RecoverRight within 2 business days.

The Client agrees that RecoverRight's 18% recovery fee remains payable on amounts recovered where the payment results from, follows, or occurs during RecoverRight's recovery engagement.

This Agreement commences when signed by both parties and continues until the debt is recovered, the parties agree in writing to terminate the engagement, the Client withdraws the debt, or RecoverRight terminates the engagement.

Any rights or obligations that accrued before termination continue after termination where applicable.

This Agreement is governed by the laws of Victoria, Australia.

The parties submit to the jurisdiction of the courts and tribunals of Victoria and the Commonwealth of Australia, to the extent applicable.