The client (also referred to as the creditor) appoints Rokk Debt Recovery to supply credit management services on all files referred by the Client to Rokk on the following terms and conditions.
1- Requests for services must be given in writing and Rokk is under no obligation to action any instructions from the client that is not in writing.
2- A client application Form and Standard debt lodgement form must be completed and can be found on our website www.rokk.co.nz. These can be lodged in our online portal. Forms can also be emailed to you upon request.
3-The person issuing the instructions for debt recovery confirms that they are duly authorised to issue such instruction on behalf of the entity that they represent and will not provide Rokk with any false or misleading information.
4- The creditor confirms that all information concerning the debtor has been obtained in accordance with, and conforms to, and is within the confines of the Privacy Act 1993 and all other laws that apply to your use of our Services or information.
5-Upon receiving written instructions from you the creditor to recover any debt, Rokk will take steps to recover or secure the debt on your behalf. If that debt has not been paid or disputed within 42 days of receiving your collection instruction, you authorise Rokk to use the information you have supplied to notify credit reporting agencies of the unpaid debt.
6- Once the creditor has instructed Rokk to collect a debt, you the creditor agree to supply all correspondence with the debtor regarding the debt to Rokk immediately and will not enter any payment arrangement or communications with the debtor without immediately informing Rokk in writing.
7- Should any direct payment take place it is your obligation to advise us immediately.
8- Rokk reserves the right to negotiate with debtors in relation to the amount per payment whilst recovering the debt.
9- Rokk is not responsible for the unsuccessful collection of a debt.
10- Any money collected towards the debt for the client by Rokk in each month, will be paid to the client on the next scheduled pay-out date (1st week of the following month)
11- Unless otherwise agreed in writing, we will deduct all fees, commissions, disbursement charges and GST (if applicable) from any payments we receive on your behalf. A schedule of our current fees, charges or commissions is available on our website or by request.
12- Clients with appropriate terms and conditions, agreed to by their customers, can add the collection costs to the debt. Rokk will make every effort to recover these, reimbursing you the commission charged. To enforce this, ideally the debtor has completed a credit application form and/or has a sign displayed advising of terms and conditions in a prominent position that the debtor has been directed to.
13- Where fees, commissions, disbursements, charges, and GST (if applicable) are not deducted out of any payments received by us on your behalf, all invoices issued to you will be paid within 7 days of that invoice being issued.
14- Any overdue balance will incur a 2% penalty per month from the due date for payment until payment in full is received. Overdue balances may also incur a $20.00 administration fee per month as well as being subject to any debt recovery costs and associated fees. You agree that Rokk may also disclose information about your non-payment to a credit reporting agency.
15- Once a debt recovery process has started you agree that all costs associated with the recovery are payable by you. Rokk will make every effort to recover collection costs for you (if these are included in your Terms and Conditions of Trade) however if these are not able to be recovered, you agree that you are liable to pay the recovery costs to Rokk.
16- If a liquidator or receiver reclaims money that has been collected by Rokk, you the creditor agree Rokk was acting as a service provider to the creditor upon the creditor’s instructions, & that Rokk is entitled to payment of commission, fees & disbursements.
17- Where any debt and fees are ‘paid direct’ to you the client, Rokk will be notified immediately to cease further action with the debtor. Rokk will invoice the commission plus GST and any other associated fees payable to us.
18- We reserve the right to cease action on any collection instructions received from you if accounts are not paid on time, or where a sensitive issue or dispute has arisen in respect of the debt.
19- You agree to indemnify Rokk from any and all special indirect or consequential damage, loss, cost, liability, tax and expense whatsoever incurred by you and relating to any action undertaken by Rokk in the collection and enforcement of the debt. This includes Rokk Officers, shareholders, directors, employees, contractors, and agents.
20- We may, from time to time, amend these Standard Credit Management Terms and will notify you via a periodic newsletter, it your obligation to ensure that you check these emails for any changes to terms and conditions, procedures, or fees.
By signing this application, I/We confirm that I/We have read, and understood, and agree to be bound by the Rokk Debt Collection terms and conditions and that all information provided is to the best of my/our knowledge true and correct.