(b)a reference to legislation includes all regulations, orders,
1.1. ‘DFL’, also referred to as ‘we’ or ‘us’, means Debt Free Limited trading as Debt Free, our successors and assigns or any person acting on behalf of and with the written authority of Debt Free Limited.
1.2. ‘Client’, also referred to as ‘you’ or ‘your’, means any person acting on behalf of and with the authority of the Client requesting DFL to provide the Services as specified in any proposal, quotation, order, invoice or other documentation. You, as the Client, further agree that:
(a)you and your is a reference to each Client jointly and severally;
(b)if you are part of a trust, you shall be bound in your capacity as a trustee; and
(c)our rights under this Agreement shall extend to your executors, administrators, successors and permitted assigns.
(c)our rights under this Agreement shall extend to your executors, administrators, successors and permitted assigns.
1.3. ‘Goods’ means all Goods or Services supplied by DFL to you at your request from time to time. Where the context permits, the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other and are described on the invoices, quotations or any other documentation provided by DFL to you.
1.4. ‘Services’ means all Services supplied by DFL to you and includes any advice or recommendations about Credit Management and, where the context permits, shall include any supply of Goods as defined above.
1.5. ‘Vouchers’ means the Vouchers supplied by DFL to you to load Debts to be collected on your behalf by DFL. The ownership of Vouchers shall remain solely and exclusively with you and shall not be transferable to any other third party without the prior approval of DFL in writing.
1.6. ‘Agreement’ means these terms & conditions, as may be amended from time to time (including any orders, purchases or schedules as applicable).
1.7. ‘Debtor’ means the person, company, partnership, trust, organisation or any other entity that owes a Debt to DFL’s Client.
1.8. ‘Price’ means the cost of the Goods or Services as agreed between DFL and you subject to clause 4 of this Agreement.
1.9. ‘Event of Default’ means your failure to comply with this Agreement (including your obligations in clause 6).
1.10.‘Debt’ means the amount of money owed to you from the Debtor.
1.11.‘Commission’ means the fee DFL charges for the Services undertaken in collecting any Debt.
1.12.‘Credit Management’ means any advice or recommendations given to you on the assessment, management and enforcement of credit provided by a credit provider to a Debtor.
1.13.‘Confidential Information’ means all information that could be reasonably regarded in the circumstances as confidential, including information that relates to the business, interests or affairs of a party, this Agreement, the Materials or Services (as applicable), and intellectual property rights, but excludes information which is:
(a)in the public domain, other than as a result of a breach of this Agreement;
(b)in the possession of a party prior to the commencement of this Agreement without any obligation of confidentiality; and
is independently developed or acquired by a party prior to the commencement of this Agreement without relying on information that would itself be Confidential Information.
1.14.‘Insolvency Event’ means an event of insolvency or bankruptcy, including: (i) the appointment of an insolvency administrator, manager, receiver or liquidator; (ii) any action related to winding up or making a material arrangement in relation to creditors; (iii) applying for any type of protection against creditors; (iv) being unable to pay your debts as they fall due; or (v) taking or suffering any similar or analogous action in any jurisdiction as a consequence of debt.
1.15.‘CCLA’ means the Contract and Commercial Law Act 2017.
1.16.‘FTA’ means the Fair Trading Act 1986.
1.17.‘CGA’ means the Consumer Guarantees Act 1993.
1.18.‘GST’ means the Goods and Services Tax (as defined in the Goods and Services Tax Act 1985).
2.1. In this Agreement, unless the context otherwise requires: (a)headings are for convenience only and do not affect interpretation; instruments, codes, guidelines or determinations issued under that legislation or any modification, consolidation, amendment, re enactment, replacement or codification of it;
(c)a reference to “in writing” includes by email;
(d)the words “include” or “including” or similar expressions are to be construed without limitation;
(e)a reference to a party shall include that party’s successors, permitted assigns and substitutes; and
(f) a word importing the singular includes the plural and vice versa.
3.1. You are taken to have exclusively accepted and are immediately bound, jointly and severally, by this Agreement if you place an order for the supply of Goods, Vouchers or any Services.
3.2. This Agreement is to be read in conjunction with DFL’s Privacy Policy (where applicable), and if there are any inconsistencies between any other documents, then this Agreement shall supersede all other agreements.
3.3. You warrant that you have the power to enter into this Agreement and have obtained all necessary authorisations to allow you to do so. You are not insolvent, and this Agreement creates a binding and valid legal obligation to meet all your Debts when they fall due.