Application Form

Terms and Conditions

1. In this Agreement:
   • 1.1. “negative listing” means any default information, clear out, serious credit infringement, payment default, overdue account, court judgment, write or summons.
   • 1.2. “Credit File Assessment” means at the Client’s election, the provision by the Provider to the Client of a copy of the Client's credit file as maintained by Equifax & Illion (or a subsidiary thereof including Credit Simple at the Provider’s discretion) and a review of those credit files to determine the Client’s credit position and whether the Provider is in a position to assist the Client with the Credit Repair Services;
   • 1.3. "Credit Repair Services" means any or all of the following services in a) to d) below:
     • a). The provision by the Provider to the Client of a report prepared by the Provider (which report contains general information in relation to negative listings on an individual’s credit file, how to respond to debt collection agencies, and how to maintain a good credit status or record);
     • b). Where appropriate, the making of submissions by the Provider on behalf of the Client for correction requests to credit reporting bureaus seeking the removal of negative listings noted on the Client’s credit file;
     • c). The making of a submission by the Provider on behalf of the Client to dispute a contestable negative listing on the Client's credit file with any Telecommunication Industry Ombudsman, Australian Financial Complaints Authority, any Power and Water Ombudsman, any other relevant Ombudsman affiliated with Credit Files, provided such a submission is appropriate and only after a summary has been completed; and
     • d). Any other service the Provider agrees in writing to provide to the Client, whether pursuant to the terms of this Agreement or otherwise.
   • 1.4. “Fast Track Credit Repair Services” means, at the Client’s election, the Provider will fast track the Client’s application which will result in a same day turnaround for the Credit Repair Services outlined in clauses 1.3(a) and (b) above, if requested before 4.30pm that day and if requested after 4.30pm, then before 10.30am the next business day.
2. The Provider must use its best endeavours to provide the services defined above as sought by the Client. The Client indemnifies and agrees to keep indemnified the Provider against any loss, cost and expense, action or claim arising howsoever out of the Provider’s performance of the terms of this Agreement, save and except for any action or claim arising out of or concerning the exercise of a duty of care and skill by the Provider in providing the services.
3. The Client irrevocably and unconditionally authorises and directs the Provider to contact, and liaise with, all credit reporting agencies (including but not limited to Equifax and Illion) to obtain the Client's records of creditworthiness, whether by way of telephone, email, internet access, facsimile or any other way that the Provider sees fit; and the Client further so authorises the Provider to supply this Agreement to any credit reporting entity in order to enable the Provider to provide the services.
4. The Client warrants that all information provided by the Client to the Provider is true and correct.
5. For the avoidance of any doubt, the services specifically do not include finance broking, advising about the success or otherwise of a Client's application for finance with any financier, or doing anything other than providing the services. The Client acknowledges and agrees that the Provider does not make, and has not made, to the Client any guarantee, representation or promise that the Provider will rectify or change the Client's records of creditworthiness maintained with any agency or credit reporting body howsoever; and meeting the Provider's criteria and/or being approved by the Provider for the provision of the services does not assure any of the above or that the Client will obtain any finance.
6. • 6.1. The Client must pay to the Provider a fee of $59.95 including gst in advance for the Credit File Assessment as referred to in clause 1.2 above.
   • 6.2. If the Client elects to receive the Credit Repair Services, the Client must pay the Provider's standard fee of one thousand one hundred and ninety five dollars (including GST) before the Provider is required to provide the Credit Repair Service, and that fee must be paid in full upon the Client determining to engage the Provider to provide the Credit Repair Service after the Provider has determined to accept the Client's application to the Provider. The standard fee only applies where the number of negative listings on the Client’s credit report(s) is up to and including but no greater than one negative listing. The Provider charges an additional $600 (including gst) for up to and including every one additional negative listings on the client’s credit report(s) above 1 listing. The client agrees that in circumstances where the same negative listing is listed (in reference to the same debt ) with two or more separate credit reporting bodies it will constitute two or more negative listings as two or more separate submissions to each credit reporting bureau will be required. The extra fees are charged due to the additional work the Provider must undertake in submitting numerous correction requests to credit reporting bureaus.
   • 6.3. The Client must pay to the Provider a fee of $199 including gst in advance for the Fast Track Credit Repair Services outlined in clause 1.4 above.
7. The Client understands that the investigation process is limited to a series of broad questions contained in the questionnaire that the Provider asks the Client in regard to how the credit providers may have damage the Client's credit file and are not specific to each individual negative listing. The client also accepts and understands being accepted for the investigation process does not guarantee any or all removals from the client’s credit reports held with any credit reporting bodies. The Client also accepts and understands that in some cases where only some negative listings can be removed from the credit file and some remain, that this may not improve the Client's credit position and the Client.
8. The Client hereby authorises the Provider to deal with, negotiate with and make representations on behalf of the Client to any credit provider or credit reporting bureau for the purposes of obtaining a removal of any negative listing on the credit file of the Client.
9. The Client requests and further authorises the Provider to submit a dispute in regards to any contestable listings on the Client's credit history to any Telecommunication Industry Ombudsman, Australian Financial Complaints Authority, any Power and Water Ombudsman, any other relevant Ombudsman affiliated with Credit Files on the Client's behalf; but the Client acknowledges that the making of any such submission is at the Provider's sole discretion. The Client further acknowledges that such a submission may be made by the Client without the Provider’s assistance at no charge, however, the Client by signing this Agreement requests the Provider’s assistance in consideration for the payment by the Client to the Provider of the fees (pursuant to clause 6 above).
10. The parties acknowledge and agree that these written terms and conditions contain all of the terms and conditions that have been agreed between the Client and the Provider, and there are no other terms or conditions, collateral agreements, understandings or arrangements that bind the Client and the Provider with respect to the subject matter of this Agreement.
11. The Client further acknowledges that the Client:
    • a). has not relied on any representation or inducement whatsoever to enter into this Agreement other than as is written in this Agreement; and
    • b). has, before signing this Agreement, the right to obtain independent legal and financial advice and either:-
      • i). Signs this Agreement having obtained such advice to the Client's satisfaction; or
      • ii). Waives the Client's right to obtain any such advice before signing this Agreement.
12. The Client may request the Provider to act on the Client’s behalf to negotiate with a creditor of the Client for the purpose of reducing a debt owed by the Client to such a creditor (“Debt”). If the Client makes such request, the Client (by signing this Agreement) authorises the Provider to disclose to that creditor such personal information of the Client as may be contained on the Client's credit file, but only to the extent reasonably necessary so as to enable the Provider to negotiate a reduction in the amount of the Debt. If the Provider is successful in negotiating a reduction in the amount of the Debt, the Client agrees to pay to the Provider a supplementary fee (in addition to the fees in clause 6 above) in consideration for the Provider’s time, effort and skill in negotiating with the creditor in an amount equal to thirty-three percent (33%) of the amount by which the Debt was reduced (including GST) which fee is due and payable immediately upon the conclusion of an agreement with the creditor for a reduction in the amount of the Debt (irrespective whether the agreement is recorded in writing).
13. If requested by the Client to do so, the Client expressly authorises the Provider to provide the Client’s details (including but not limited to a copy of the Client’s credit report from any credit reporting body) and any information supplied by the Client to the Provider to any finance broker to assist the Client in any application to obtain finance. The Client acknowledges that by so doing, the Provider may become entitled to receive a payment or commission from such a finance broker for the referral.
14. To the extent that the Client directs or requests a third party to pay any fee (per clauses 6 or 12 above) for and on behalf of the Client, the Client (by signing this Agreement) authorises the Provider to disclose to that third party such personal information of the Client as may be contained on the Client's credit file, but only to the extent reasonably necessary so as to enable the Provider to explain to that third party the services.
15. Notwithstanding the terms of clauses 6 and 12 above, the Provider may at any time, in its sole and unfettered discretion, determine to vary, waive or defer either the time for payment or the amount to be paid by the Client to the Provider of any fee (or any part thereof).
16. This Agreement is subject to a cooling off period. The duration of the cooling off period is 48 hours (including non-business days) and commences from the date and time of payment of the Provider’s standard fee or the amount paid pursuant to clause 6.2 of this Agreement. During the cooling off period, the Client may cancel this Agreement and seek a full refund of the Provider’s standard fee or the amount paid pursuant to clause 6.2 of this Agreement. The cooling off period does not apply where the Client elects to receive the Fast Track Credit Repair Services pursuant to clause 1.4 of this agreement. To terminate this Agreement, this must be done in writing during the cooling off period, the Client must send an email to jordan@creditcleanaustralia.com.au during the cooling off period notifying this Agreement is terminated.
17. The Client acknowledges that a) Equifax is collecting the Client’s personal information provided by the Provider to Equifax in connection with the request for services; b) Equifax and its related companies may use and disclose such personal information to manage the provision of credit reporting information and services and to undertake data management for quality relates purposes; c) that Equifax’s privacy policy is available on its website at quifax.com.au/privacy; and d) that the Equifax Credit Reporting Policy contains information about how Equifax collects and handles credit reporting information and is available on the Equifax website at Equifax.com.au/credit-reporting-policy. The client acknowledges that the above applies to all reporting bodies in which the provider seeks credit file information on the client