Welcome to the website of Late Payer List ACN 617 519 187 (we, us or the Company). This Website is located on the web via the domain www.latepayerlist.com and includes all of the files located in that domain (Website).
We reserve the right to make any parts of this Website accessible only to registered users.
1. Acceptance by You
1.1 By accessing the Website:
(e) if you are the trustee of a trust, then in addition to that entity, you bind all trusts of which you are a trustee of from time to time; and
(f) you represent and warrant to us that you are over the age of 18 years. Should we suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from your parents or guardians.
2. Definitions and Interpretation
The following words, unless the context requires otherwise, have the following definitions:
Account means the membership account created by you on the Website, through which you access our Services.
Business Related means that the Debt must arise as the result of a business transaction for trade or commerce with another business, and not be a consumer debt.
Debt means any debt due and owing by the Latepayer to you, as notified to us.
GST has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Late Payer means a person or entity that owes the Debt to you and has a current ABN.
Late Payer List means the list of Late Payers listed contained on the Website and searchable by Members;
Member/s means a person or entity that holds a current and active Subscription and Account with us.
Notice means any notice or other posting on the Late Payer List or the Website regarding the payment or non-payment of the Debt.
Services means any of the Services we offer on the Website including the processing of a request for the publication of a Notice on the Website.
Subscription means paid membership to our Services.
Website means the entire computing hardware and software installation that is or supports the Website.
3. Purpose of Services
4. Agreement for Services
4.1 The agreement for the provision of Services commences on the date we accept your application for an Account. Upon acceptance of the Account, you agree we are appointed as collection agent for and on your behalf with respect of the Debt.
4.2 We reserve the right to accept or reject any application for registration of an Account, in our sole discretion.
4.3 Upon registration as a Member of the Website, you will be issued with a username and password to access your Account. You are responsible for maintaining the security of your password for this Website. You agree that we will be entitled to assume that any person using the Website with your username and password is you or your authorised representative. You must notify us immediately of any known or suspected unauthorised use of any password or any other breach of security. We will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation.
4.5 You must promptly update the information referred to in clause 4.4 to maintain its accuracy at all times.
4.6 You represent and warrant to us that all information provided to us by you, including the information provided by you through our account registration process or entered into your account profile and with respect of the Late Payer, is true, accurate, up to date, and complete and not misleading and does not violate any applicable law or regulation or any person’s intellectual property or other rights. You acknowledge this information is required in order to provide you with the Services.
4.7 One person may not maintain more than one account with this Website. Accounts registered by “bots” or other automated methods are not permitted.
5. The Services
6. Payment for the Services
6.1 Under your Subscription, you are liable to us for the following fees:
(a) Starter Plan
Under this plan, you can join for free and only pay a fee when you register a Latepayer.
(i) Registering a Latepayer is $45.00 (Incl. GST)
(ii) A 10% Collection Fee (Plus GST) on the amount of the debt is payable to us on the successful recovery of the debt, in accordance with clause 7.
(b) Small Business Plan
A monthly membership fee of $25.00 (Incl. GST) this includes:
(i) Two (2) Latepayer credits per month. Any unused credits rollover each month and continue to accumulate only as long as you stay a member.
(ii) Unlimited late payer searches of the Late Payer List
(iii) A 7% Collection Fee (Plus GST) on the amount of the debt is payable to us on the successful recovery of the debt, in accordance with clause 7.
(iv) Free set of Terms of Trade from our partner Lapath.
(v) Use of the Late Payer List Members logo on your own invoices.
(c) Medium Business Plan
A monthly membership fee of $40.00 (Incl. GST) this includes:
(i) Ten (10) Latepayer credits per month. Any unused credits rollover each month and continue to accumulate only as long as you stay a member of Late Payer List.
(ii) Unlimited late payer searches of the Late Payer List
(iii) A 5% Collection Fee (Plus GST) on the amount of the debt is payable to us on the successful recovery of the debt, in accordance with clause 7.
(iv) Free set of Terms of Trade from our partner Lawpath.
(v) Use of the Late Payer List Members logo on your own invoices.
6.2 You agree that the fees referred to in clause 6.1 will be charged to the credit card provided by you and a tax invoice will be issued to you. Any rejection by your banking facility or credit provider to any charge issued by us will be taken as cancellation by you of your Subscription and such monies will be immediately due and owing to us.
7. Recovery from the Latepayer
7.1 Upon receipt from you as to the particulars of the Debt, we shall issue a letter of demand for payment to the Latepayer. On the seventh day after the particulars of the Debt is submitted by you, we will ask you whether or not the Debt has been paid. If you notify us by the eleventh day from when the Debt is submitted by you that the Debt owing by the Latepayer remains unpaid, we shall proceed to publish the notice with respect of the Latepayer on the Latepayer List and clause 8 shall apply.
7.2 You agree to notify us immediately upon any payment being received (whether part or in full) by the Latepayer to you in relation to the Debt.
7.3 The Debt is deemed to have been paid to you by the Latepayer if:
(a) the Latepayer has provided to us a receipt for payment of the Debt. We shall provide you with a copy of the receipt through your Account or by email; or
(b) if you mark the Debt as paid within your Account; or
(c) if we do not receive written confirmation from you within eleven (11) days of notification of the Debt to us that the Debt remains due and owing.
7.4 If the Latepayer is deemed to have paid the Debt in accordance with clause 7.3, we shall remove any publication of the Latepayer from the Latepayer List.
7.5 You are immediately liable for the collection fee referred to in clause 6.1 (c) as follows:
(a) if any of the events referred to in clause 7.3 occur, then on the full amount of the Debt;
(b) if you receive a part payment of the Debt, then on the amount of the part payment;
(c) if the debt is settled or comprised by you in any way, then on the amount of the payment received by you; and
(d) if you accept goods or services in return for full or partial settlement of the Debt, then on the value of goods and services received by you.
8. Publication of Notices on Late Payer List
9.2 You irrevocably authorise us to make any enquiries, exchange, collect and use your personal information and credit information relating to property, business or other solvency matter from time to time or the personal or credit information of the Late Payer as we deem necessary for the following purposes:
(a) obtaining information on your credit position or the Late Payer;
(b) investigating the credit worthiness of you in relation to credit to be provided by us or for any marketing purposes (unless you have notified us that you wish to opt out of direct marketing);
(c) to allow us to provide you the Services;
(d) to notify a credit provider of a default by you or by the Late Payer;
(e) to a credit reporting body to provide a credit facility or to permit a credit reporting body to maintain or update your credit file or the file of a Late Payer.
9.3 You acknowledge that the information exchanged under clause 9.2 may include any information in relation to you or the Late Payer’s creditworthiness or credit history.
9.4 You consent and irrevocably authorise any information provider to disclose any information about you or the Later Payer (on your behalf) in their possession to us and we may use any information which it holds for the purposes listed in clause 9.2; and may disclose any of your personal or credit information to any interested person (including overseas third parties) for any purpose listed in clause 9.2, to the extent permitted by the Privacy Act 1988 (Cth) and the Australian National Privacy Principles (if applicable).
9.5 To the maximum extent permitted by law, you agree (unless you otherwise withdraw consent), to waive all rights under the Privacy Act 1988 (Cth).
10. Restriction on use of the Website
10.2 Without limiting any other remedies available to the us at law or in equity, we reserve the right to, without notice:
11. Cancellation and Termination of Subscription
12. Intellectual Property
12.5If you believe that the Website contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this Website to a third party Website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.
13.1 To the maximum extent permitted by law, we and our officers, employees, agents, consultants, licensors, partners and affiliates expressly disclaim all conditions, representations and warranties (whether express or implied, statutory or otherwise) in relation to this Website and the Services provided by us through this Website, including any warranty or condition as to merchantability or fitness of the Services.
13.2 This Website is provided strictly on an “as is” basis. To the maximum extent permitted by law, we and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this Website or any of its content, and in particular do not represent, warrant or guarantee that (whether express, implied, statutory or otherwise):
14. The Website and Third Parties
14.1 We may make improvements or changes to the Website, the content, or to any of the Services, at any time and without advance notice.
14.2 From time to time the Website content may include technical inaccuracies or typographical errors. We endeavour to minimise these occurrences and make necessary corrections quickly. Please notify us of any corrections that you identify.
14.3 The Website may contain links to other websites of third parties outside our power and control. Those links are provided for convenience only and may not remain current or be maintained. We do not recommend or endorse any third-party goods or services that are listed, advertised or referred to in this Website or the content of any third party Websites. We are not responsible for the content of linked third party Websites, Websites framed within this Website or third-party advertisements and we do not make any representations, or provide any guarantees or warranties, regarding their content or accuracy. Your use of any third party Websites is at your own risk and subject to their respective terms and conditions of use. We are not responsible for the content or privacy practices associated with linked websites, nor for any loss or damage arising from your use of any such website.
14.4 While we take all reasonable steps to ensure the accuracy of the content that we publish on the Late Payer List or the Website, we are not responsible or liable for:
(a) the accuracy of any Notices or any content on the Late Payer List or the Website not authored by us; or
(b) any loss that you may suffer as a result of your reliance upon any such Notice or content.
15. Limitation of Liability
15.2 To the maximum extent permitted by law, we and our officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (in our sole and absolute discretion) to the supply of the Services again or payment of the cost of having the Services supplied again.
17.1 You indemnify and hold harmless the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):
18.1 Restructure. You will provide us written notice of any change to your structure or a change to your details (including changes to its name or address). If you fail to comply then you agree to indemnity us from any resulting loss.
18.2 Statement of Debt. A certificate signed by a director, financial controller, credit manager or solicitor of us shall be prima facie evidence of your indebtedness to us under this Agreement.
18.7 Waiver. No rights under these Terms will be waived unless agreed in writing and signed by us. We do not waive a right if an extension or other forbearance is given to you. No waiver of a provision of these Terms shall be construed as a continuing waiver of the provision. A waiver by us of any matter does not prejudice its rights in respect of any matter. Any non-exercise or partial exercise of or any delay in exercising any right or remedy does not constitute a waiver of that right or remedy.
18.11 Entire Agreement. These Terms supersede all previous agreements, discussions and representations between us and you and constitute the entire agreement in relation to the agreement for provision of goods and/or services between us and you. All prior correspondence, negotiations or representations do not bind either party and neither party may rely upon them.
Schedule 1 – Prohibited conduct
YOU MUST NOT: