Payments

CPA PARTNERS – TRADING TERMS & CONDITIONS

Privacy Act 1988

1.1           The Client agrees for CPA Partners (CPA) to obtain from a credit-reporting agency a credit report containing personal credit information about the Client in relation to credit provided by CPA.

1.2           The Client agrees that CPA may exchange information about the Client with those credit providers named in the Application for Credit account or named in a consumer credit report issued by a reporting agency for the following purposes:

(a)            To assess an application by Client;

(b)            To notify other credit providers of a default by the Client;

(c)            To exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and

(d)            To assess the credit worthiness of a Client.

1.3           The Client consents to CPA being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).

1.4           The Client agrees that Personal Data provided may be used and retained by CPA for the following purposes and for other purposes as shall be agreed between the Client and CPA or required by law from time to time:

(a)            Provision of Services & Goods;

(b)            Marketing of Services and or Goods by CPA, its agents or distributors in relation to the Services and Goods;

(c)            Analysing, verifying and/or checking the Clients credit, payment and/or status in relation to provision of Services/Goods;

(d)            Processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and

(e)            Enabling the daily operation of the Clients account and /or the collection of amounts outstanding in the Clients account in relation to Services and Goods.

1.5           CPA may give, information about the Client to a credit reporting agency for the following purposes:

                (a)           To obtain a consumer credit report about the Client; and or

                (b)           Allow the credit reporting agency to create or maintain a credit information file containing information about the Client.

Default & Consequences of Default

2.1           Interest on overdue invoices shall accrue from the date when payment becomes due daily until the date of payment at a rate of 1.5% per calendar month and shall accrue at such a rate after as well as before any judgement.

2.2           If the Client defaults in payment of any invoice when due, the Client shall indemnify CPA from and against all CPA’s costs and disbursements including on a solicitor and own client basis and in addition all external collection agency costs of collection.

2.3           Without prejudice to any other remedies CPA may have, if at any time the Client is in breach of any obligation (including those relating to payment), CPA may suspend or terminate the supply of Services/Goods to the Client and any of its other obligations under the terms and conditions.  CPA will not be liable to the Client for any loss or damage the Client suffers because CPA exercised its rights under this clause.

2.4           If any account remains unpaid for 30 days from the date of invoicing for the supply of the Goods or Services the following shall apply:  An immediate amount equivalent to 10% of the amount overdue levied for administration fees which sum shall become immediately due and payable.

2.5           In the event that:

(a)            any money payable to CPA becomes overdue, or in CPA’s opinion the Client will be unable to meets its payments as they fall due, or;

(b)            The Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors, or;

(c)            A receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client,

Then

(i)             CPA shall be entitled to cancel all or any part of any order of the Client which remains unperformed in addition to and without prejudice to any other remedies; and

(ii)            All amounts owing to CPA shall, whether or not due for payment, immediately become due and payable.