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  1. Interpretation
    1. References to a party in this Agreement include the party’s successors, permitted substitutes, permitted assigns, heirs, beneficiaries, legal personal representatives, trustees, liquidators, administrators, receivers, controllers and managers.
    2. In this Agreement:
      • (a) Agreement means the contract between Us and You, which comprises these terms and conditions, and the information on the CG Law website;
      • (b) CCA means the Competition and Consumer Act 2010 (Cth) and all related regulations, as amended from time to time;
      • (c) Default Interest Rate means the rate of 12% per annum;
      • (d) GST means goods and services tax assessed on, and payable in addition to the price for, certain goods and services pursuant to the GST Act for which we must issue you with a Tax Invoice (as defined in the GST Act) in respect of the tax payable;
      • (e) GST Act means A New Tax System (Goods and Services Tax) Act 1999 (Cth);
      • (f) Initial Fixed Fee means the sum of AUD 220 including GST;
      • (g) Instalment Arrangement Fixed Fee means the amount of AUD 220 including GST;
      • (h) Instalment Arrangement Work has the meaning given in clause 3 below;
      • (i) Loss means any loss and includes without limitation, indirect, special or consequential loss or damage and is deemed to include economic loss, loss of opportunity, loss of profit or revenue, loss or damage in connection with claims against You by third parties, liquidated sums or liquidated damages;
      • (j) Work has the meaning given in clause 2 below;
      • (k) We/Us/Our means CG Law (Trading) Pty Ltd (ACN 143 426 028) trading as CG Law; and
      • (l) You/Your means any client or customer of CG Law or user of CG Law services.
  2. Description of Work
    1. Upon our receipt of the Initial Fixed Fee and provided we do not have a conflict of interest or duty, we will carry out the Work, which is limited to:
      • (a) Preparing and sending a letter of demand to your debtor, and providing a copy of that letter to you;
      • (b) If our letter of demand does not result in full payment of your debt, making one phone call to your debtor seeking payment of your debt; and
      • (c) If our phone call does not result in payment of your debt in full, providing you with advice as to your further legal options to pursue recovery of your debt.
  3. Description of Instalment Arrangement Work
    1. Upon our receipt of the Instalment Arrangement Fixed Fee, we will perform the Instalment Arrangement Work, which is limited to:
      • (a) Preparing and sending a letter to your debtor that sets out the terms of the instalment agreement, and provide a copy of that letter to you;
      • (b) If your debtor misses an instalment, making one phone call to the debtor per missed instalment, up to a maximum of 2 phone calls; and
      • (c) If the instalment agreement does not result in payment of your debt in full, providing you with advice as to your further legal options to pursue recovery of your debt.
  4. Additional Work and Fees
    1. If you instruct us to do anything in addition to the Work or the Instalment Arrangement Work, then we will charge you and you agree to pay for that additional work in accordance with our hourly rates, as amended from time to time.
    2. We will seek your instructions prior to doing anything in addition to the Work or the Instalment Arrangement Work.
    3. You agree to pay our costs, fees, disbursements and other expenses to us at our place of business which is 259 Ruthven Street, Toowoomba in the State of Queensland, Australia. For the sake of clarity, payment by you to us online or by any of the usual methods (e.g. cash, cheque, money order, monies deposited into our trust account, direct bank transfer or credit card) is taken to be made at Toowoomba in the State of Queensland, Australia.
    4. Interest on our overdue Tax Invoices shall accrue on a daily basis from the date on which payment becomes due until the date you pay the Tax Invoice in full at the Default Interest Rate and shall continue to accrue at the Default Interest Rate.
    5. If we take any action to recover an overdue Tax Invoice, you will become liable for any costs or expenses that we incur in taking such action, including but not limited to legal costs on an indemnity basis, and we will be entitled to claim those costs or expenses from you as a liquidated debt.
    6. You must not retain or withhold any money owing to us for any reason whatsoever, including any alleged set off amounts.
  5. Your responsibilities
    1. You will make reasonable efforts to give us instructions in relation to the Work or the Instalment Arrangement Work, and if there are more than one of you, you authorise us to take instructions from either or any of you, on behalf of both or all of you.
    2. Your instructions will be honest and adequate and you will not instruct us to act dishonestly, unethically or illegally.
  6. Cancellation
    1. If instruct us to act dishonestly, unethically or illegally, or you fail, neglect and/or refuse to give us honest and adequate instructions, and we suffer Loss as a result, then you will be liable to indemnify us from and against such Loss.
  7. Refund
    1. You will be entitled to a refund of the Initial Fixed Fee if we are ethically prevented from acting for you due to a conflict of interest or duty.
  8. Termination
    1. We may terminate this Agreement or suspend the Work or the Instalment Arrangement Work immediately, without prior notice, for any reason whatsoever, including without limitation if you breach this Agreement. We will not be liable for any Loss whatsoever arising from such termination or suspension.
  9. Privacy
    1. We are required by law to provide you with this notice before or at the time we collect your personal information. If it is not practicable for us to give you this notice at that time, we will give it to you as soon as we are able.
    2. The entity collecting your personal information is CG Law (Trading) Pty Ltd trading as CGCollect. You can contact us by phone on 1300 839 473, by fax on 07 4688 2199, by email at mail@cgcollect.com.au or by post at PO Box 8208, Toowoomba South Qld 4350.
    3. We have or will be collecting personal information about you. This could include, for example, your name, contact details, financial details and sensitive legal information.
    4. We collect personal information in order to conduct our business and to provide legal services to our clients. Additional detail about how your personal information may be used, collected, stored or disclosed can be found in our Privacy Policy, available at www.cglaw.com.au/PrivacyPolicy or we can provide you with a hard copy on request.
    5. If you choose not to provide us with your personal information when we request it, we may be unable to provide you with the services you have requested.
    6. We may from time to time disclose information to other entities bound to comply with the Australian Privacy Principles to enable us to provide you with the services you have requested.
    7. You are able to access, verify, update and correct any of your personal information. Information about how you can do this is contained within our Privacy Policy.
    8. If you believe we have breached the Australian Privacy Principles, you are able to make a complaint. Information about how you can do this is contained within our Privacy Policy.
    9. It is possible that in providing you with legal services, we will disclose your personal information to overseas recipients. Whether such disclosure takes place will be based on the facts of each individual matter and as such, it is not practicable to specify which countries the recipient entities may be located in.
    10. If you provide us with an email address, you authorise us to use that address to send you electronic communications from time to time, including legal updates, newsletters, marketing activities and invitations.
  10. General
    1. Your access to and use of CG Law services is conditional upon your acceptance of and compliance with this Agreement. These terms and conditions apply to all users of CG Law services.
    2. A party waives a right under this Agreement only if it does so in writing.
    3. Any variation of this Agreement will not be binding, valid or enforceable unless it is in writing and signed by the parties.
    4. If a provision in this Agreement is wholly or partly invalid or unenforceable in any jurisdiction, that provision or the part of the provision that is invalid or enforceable must, to that extent, and in that jurisdiction, be treated as deleted from this Agreement. This does not affect the validity or enforceability of the remaining provisions in that jurisdiction, or of the deleted provision in any other jurisdiction.
    5. We may assign or otherwise deal with the benefit of any contract made pursuant to this Agreement without your consent.
    6. You may not assign your rights and obligations under this Agreement without obtaining our written consent to do so.
    7. You agree to submit to the exclusive jurisdiction of the State of Queensland and its courts for all purposes of or in connection with this and other contracts.
    8. We acknowledge that nothing in this Agreement purports to modify or exclude certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) which may be implied into this Agreement.
    9. Subject to this clause and except as expressly set out in this Agreement, we make no warranties or other representations under this Agreement, including but not limited to the quality or suitability of CG Collect’s services. Our liability in respect of these warranties is limited to the fullest extent permitted by law.
    10. 1Unless otherwise stated, the services provided by CGCollect are only available within Australia. All CGCollect advertising is intended solely for the Australian market.
    11. Redistribution or republication of any part of CG Law website, or its contents, or the contents of this Agreement is prohibited, including by other similar ways or any other means, without express written consent from CGCollect.
  11. Indemnity
    1. By using CG Law services, you agree to indemnify CGCollect, its employees, agents and affiliates against any Loss suffered by CGCollect, its employees, agents and affiliates resulting from any breach of this Agreement, in whatever manner or howsoever caused.