Terms of Service

1. Acceptance of Terms

By engaging any service provided by Any Collections Pty Ltd, you agree to be bound by these Terms of Service and any applicable service agreement signed between the parties.

These Terms constitute the entire agreement between the Client and the Company with respect to the provision of debt collection services, and supersede any prior discussions, representations, or agreements.

We reserve the right to update or amend these Terms at any time. Any material changes will be communicated to active clients. Continued use of our services following such notification constitutes acceptance of the updated Terms.

2. Our Services

Any Collections Pty Ltd provides the following debt recovery services to clients:

• Debt Collection: Professional outreach to debtors using ethical and legally compliant methods to recover outstanding amounts owed to the Client.
• Credit Bureau Listings: Submission of qualifying debtor information to registered South African credit bureaus, in accordance with applicable legislation, to encourage repayment.
• Tracing Services: Locating debtors who have moved, changed contact details, or become uncontactable, using registered tracing agents and databases.
• Regular Follow-Ups: Structured and consistent contact with debtors on behalf of the Client, ensuring no account goes dormant.
• Monthly Reporting: Delivery of a detailed report to the Client each month, covering the status of all accounts and any funds recovered.
• Monthly Payments: Recovered funds, less agreed commission, are paid directly to the Client on a monthly basis.

The scope of services for each Client will be agreed upon at the commencement of the engagement and documented in a service agreement.

3. Client Obligations

To enable the Company to perform its services effectively, the Client agrees to:

• Provide Accurate Information: Supply complete, accurate, and up-to-date information about each debtor, including name, identity number, contact details, address, and the amount and nature of the outstanding debt.
• Ownership of Debt: Confirm that all debts handed over for collection are legitimately owed to the Client and are free from any dispute that has not been disclosed.
• Cooperation: Cooperate with the Company by responding promptly to requests for additional information, documentation, or instructions relating to specific accounts.
• Direct Payment Notification: Inform the Company immediately if a debtor makes a payment directly to the Client, so that commission can be calculated and records updated accordingly.
• Compliance with Law: Ensure that all information provided to the Company has been obtained lawfully and that its disclosure and use for debt collection purposes complies with POPIA and any other applicable legislation.
• Non-Interference: Refrain from contacting debtors directly in respect of debts that have been handed over to the Company, unless expressly agreed in writing.

5. Confidentiality

Both parties agree to maintain the confidentiality of all information disclosed during the course of their business relationship.

• The Company will not disclose any Client business information, debtor lists, account details, or financial information to any third party other than as required to perform the services (e.g., credit bureaus, tracing agencies) or as required by law.
• The Client will not disclose the Company's methodologies, pricing, or any proprietary information to third parties.
• Confidentiality obligations survive the termination of the service agreement for a period of 3 years.

All personal information handled by the Company is treated in accordance with our Privacy Policy and the Protection of Personal Information Act (POPIA).

6. Limitation of Liability

While the Company will use its best efforts and expertise to recover outstanding debts, the Client acknowledges and agrees to the following:

• No Guarantee of Recovery: The Company cannot guarantee the recovery of all debts or any specific amount. Debt recovery depends on factors outside the Company's control, including the debtor's financial circumstances, traceability, and willingness to pay.
• Limitation of Damages: The Company's total liability to the Client under these Terms, for any cause whatsoever, shall not exceed the total commission earned by the Company from the Client in the 12 months preceding the claim.
• Exclusion of Consequential Loss: The Company shall not be liable for any indirect, incidental, special, or consequential loss arising from or relating to the provision of its services.
• Third-Party Actions: The Company is not liable for the actions or omissions of third-party service providers (such as credit bureaus or tracing agencies), provided the Company exercised reasonable care in selecting and instructing them.
• Inaccurate Client Information: The Company is not liable for delays, failures, or outcomes resulting from inaccurate, incomplete, or misleading information provided by the Client.

7. Termination

Either party may terminate the service agreement by giving 30 days written notice to the other party. Termination notice must be delivered via email to the other party's designated contact address.

• Upon termination, the Company will cease collection activities on the Client's accounts and return all relevant account documentation.
• Any commission due on amounts recovered up to the date of termination remains payable by the Client.
• The Company may terminate the agreement with immediate effect if the Client is found to have provided fraudulent or misleading information, or is in material breach of these Terms and fails to remedy such breach within 7 days of written notice.
• The Client may terminate the agreement with immediate effect if the Company is found to be acting in a manner materially inconsistent with these Terms or applicable law.

Termination does not affect any accrued rights or obligations of either party.

8. Governing Law & Jurisdiction

These Terms of Service are governed by and construed in accordance with the laws of the Republic of South Africa.

• Any dispute arising from or relating to these Terms shall first be referred to good-faith negotiation between the parties.
• If a dispute cannot be resolved through negotiation within 30 days, the parties agree to submit the dispute to mediation before commencing any legal proceedings.
• The parties consent to the jurisdiction of the Magistrate's Court or High Court of the KwaZulu-Natal Division, as appropriate, for resolution of any legal disputes.

All services are provided in compliance with South African legislation, including but not limited to the Debt Collectors Act No. 114 of 1998, the National Credit Act No. 34 of 2005, the Protection of Personal Information Act No. 4 of 2013, and the Consumer Protection Act No. 68 of 2008.