Terms and Conditions

    Agent‘s authority to act

  1. The person or company described as the client in the Recovery Action Form (the “Client”) expressly authorises DINO TARQUINIO, Licensed Commercial Agent, trading as Truscan and Associates ( the “Agent”) to act as their agent to recover debts and/or manage their debtor ledger. Where legal action is required, the Agent shall seek further authorisation from the Client before instructing solicitors to act,and the Agent shall only proceed to instruct solicitors once a signed authority to proceed from the Client is received.
  2. Monies received by the Agent

  3. The Agent will forward to the Client, on a monthly basis (or as otherwise agreed in writing), a cheque in the sum equivalent to any monies received on behalf of the Client less any commission due calculated according to the applicable commission rate agreed by the Client and Agent.
  4. Monies received directly by the Client

  5. The Client agrees to notify the Agent within one working day of any payments received directly by the Client in respect of any debt which has been referred to the Agent for collection. Any such payments shall be subject to commission payable to the Agent calculated according to the applicable commission rate agreed by the Client and Agent. The Agent shall be entitled to invoice the Client for the commission amount which the Client agrees to pay in accordance with these terms and conditions.
  6. Commencement of instructions

  7. The Client‘s instructions to the Agent to collect a debt on its behalf shall be deemed to have commenced from the date of receipt of an Recovery Action Form or instructions. If at any subsequent time the Client instructs the Agent to cease for any period of time or terminate recovery action for any reason whatsoever the Agent shall be entitled to charge commission as if the debt had been paid in full. The Agent shall be entitled to invoice the Client for that commission amount which the Client agrees to pay in accordance with these terms and conditions.
  8. General debt management services

  9. General debt management services performed by the Agent at the request of the Client shall be charged at an hourly rate agreed by the Client and Agent. The Agent shall invoice the Client on a monthly basis (or as otherwise agreed in writing) and the Client agrees to pay such invoices in accordance with these terms and conditions.
  10. Agent‘s invoices

  11. The Client agrees to pay the Agent‘s invoices in full strictly within 14 days from the date of the invoice. The Agent shall be entitled to charge an account-keeping fee of $10 for every week for which the invoice or any part of the total amount of the invoice remains unpaid.
  12. Client‘s indemnity

  13. The Client covenants that all the details provided by it are true and correct and include all relevant information. If the Agent suffers lossor expense due to false, misleading or insufficient information supplied by the Client, the Client agrees to indemnify the agent in full for any such loss or expense.
  14. Agent ceasing to act

  15. The Agent reserves the right to refuse to act as agent against any one or more debtors and may at any time by notice in writing to the Client cease to act for the Client in relation to any one or more of the debts.
  16. Amending these terms and conditions

  17. The Agent may at any time by notice in writing to the Client amend or vary these terms and conditions.
  18. Operation of terms and conditions

  19. The Agent shall be bound by no covenants, representations or warranties other than as specified in these terms and conditions.
  20. Destruction of files

  21. The Agent shall be entitled to destroy its files and all documents and materials provided by the Client in relation to a debt after 3 months from the date a statement is sent to the Client advising it of payment of the debt or that the Agent has closed the file.