Terms & Conditions
Get PAID Debt Collection Terms
This website (Website) is owned and operated by Birman & Ride (a firm) ABN: 57 325 569 850 (we/ us/our).
We license you to use to the Website on the terms set out in this document. By using the Website you agree to these terms, including any changes we make to them from time to time.
- While we take reasonable care to prepare and maintain the accuracy of information on the Website, we do not warrant its accuracy or completeness.
- The information presented is general in nature and does not take into account your objectives and specific circumstances. You should consider the appropriateness of the information and where necessary, obtain legal advice as to your specific circumstances.
- To the extent permitted by law, you release us from all liability for any loss caused directly or indirectly from your use of the Website and any reliance on its contents.
- You may use the Website to instruct us to issue demand letters for the payment of debts owed to you. The scope of our engagement is limited to issuing the demand letter in accordance with your instructions. We do not purport to give you legal advice on the merits of your claim or the best strategy to pursue it.
- We reserve the right at our absolute discretion not to issue a demand letter if we consider it would be inappropriate for us to do so.
- You warrant that:
- the information that you provide to us is true and correct;
- you are authorised to instruct us on behalf of the creditor(s);
- you will not use the Website to demand overdue rent, loan repayments, mortgage repayments, wages, damages claims, personal injury claims, guarantees, claims under building contracts or similar claims; and
- any debt you demand has not been assigned to another party.
- You authorise us to:
- receive monies due to you from your debtors into our trust account;
- apply any monies that we hold on trust for you in satisfaction of any debt that you owe us; and
- remit monies that we hold for you on trust into the bank account you have nominated.
- If you authorise us to negotiate a payment plan with a debtor, we will:
- confirm the arrangements with the debtor in writing;
- collect the instalments and remit them to you;
- monitor the debtor’s compliance and issue reminders where the default exceeds 3 business days;
- charge a Payment Plan Management Fee (PPMF) not exceeding $110 (including GST) which amount will be added to the debt as a condition of the payment plan; and
- deduct the PPMF from the debtor’s initial payment(s) before remitting monies to you.
- Upon the issue of a demand letter, a debtor may:
- pay in full – no further action required;
- enter into a payment plan – we will monitor compliance and remit payments to you; and
- ignore the demand – we will recommend and quote you for further action.
- We will charge you the amounts we quote you at the time you instruct us to issue a demand letter. You must pay us whether or not the demand letter is successfully delivered and whether or not it achieves a result.
- If we do not collect payment from you immediately, you must pay us our fees within 14 days of instructing us.
- You must pay to us the Goods and Services Tax that we incur in respect of the supply of services to you.
- The law of Western Australia and Part 10 of the Legal Profession Act 2008 (WA) (LPA) applies to this agreement.
- In the absence of an agreement to the contrary, lawyers’ charges are regulated by the legal costs determinations made by the Legal Costs Committee constituted under the Legal Profession Act 2008 (WA). The costs determination that is likely to apply to your matters is the Legal Profession (Magistrates Court) (Civil) Determination 2018 (Costs Determination). Our charges in this agreement may exceed those allowed by the Costs Determination. Upon request we will provide you with a copy of the Costs Determination.
- You have the right to:
- negotiate a costs agreement with us;
- receive a bill of costs from us;
- request an itemised bill of costs after you receive a lump sum bill from us;
- request written reports about the progress of this matter (for which we will charge you) and the costs incurred in this matter (at no cost to you);
- apply for our costs to be assessed within 12 months if you are unhappy with our costs;
- apply for the costs agreement to be set aside;
- accept or reject any offer we make for an interstate costs law to apply to this matter;
- notify us that you require an interstate costs law to apply to your matter;
- make a complaint under Part 13 of the LPA;
- contact your file manager to discuss legal costs;
- be notified by us under section 267 of the LPA of any substantial change to the matters disclosed in this offer; and
- apply to Legal Aid Western Australia and other bodies for a grant of legal aid or financial assistance to pursue this matter. We may choose not to act for you in these circumstances.
- For more information about your rights, please read the factsheets titled Legal Costs - Your Right to Know and Your Right to Challenge Legal Costs. You can ask us for a copy, obtain it from the Legal Practice Board or download it from the website of the Legal Practice Board (www.lpbwa.org.au) or the Law Society of Western Australia (lawsocietywa.asn.au).
- Before entering into an agreement with us you should consider obtaining independent legal advice.
Authority to release information
- You authorise us to release your personal information and copies of documents to any person if it is reasonably necessary for us to supply our services to you.
- We use a range of internet-based services hosted by third parties (cloud computing service providers) in delivering services and in the management and marketing of our business. You consent to us disclosing confidential information to our cloud computing service providers. We undertake reasonable due diligence when using any cloud computing service provider including data security and prevention of unauthorised access.
- The content and information displayed on the Website are our property and are protected by copyright and other intellectual property laws. You must not reproduce or publish such information for commercial gain.