Get PAID Debt Collection Terms

This website (Website) is owned and operated by Curae Law Pty Ltd (ACN: 640 502 307) trading as Curae Law and Get Paid Debt Collection ABN: 79 640 502 307 (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.

Website content

• 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, claims against spouses, ex-spouses or near relatives;
  • you and your debtor are located within Australia; 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;
  • remit monies that we hold for you on trust into the bank account you have nominated; and
  • pay into the bank account you have nominated any monies we determine are refundable to you.

• 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 $220 (ex. GST) for debts up to $10,000 and $300 (ex. GST) for debts exceeding $10,000; 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.

• Upon receiving your instructions, we will automatically generate a demand letter. In some instances, we will not immediately send the demand letter to the debtor and may manually review the information you have provided to us.
• We reserve the right to decline to send the demand letter and accept your instructions at our absolute discretion, including in situations where we determine that we may have a conflict of interest. If we decline to accept your instructions, we will refund any monies you have paid us in full.

• 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 7 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 the Legal Profession Uniform Law 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 Uniform Law (WA). The costs determination that is likely to apply to your matters is the Legal Profession (Magistrates Court) (Civil) Determination 2022 (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;
  • negotiate the billing method we will use to charge you (for example, fixed price or as recorded);
  • receive a bill of costs from us;
  • request an itemised bill after you receive a bill that is not itemised or is only partially itemised. It is possible that the total amount of the bill may increase when each item of work has been itemised and the cost calculated;
  • seek the assistance of the Legal Practice Board Legal Profession Complaints Committee (LPCC) in the event of a dispute about costs;
  • 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 to the Supreme Court of Western Australia for our costs to be assessed within 12 months after your final bill if you are unhappy with our costs. If you have sought assistance of the LPCC in relation to a dispute about legal costs you cannot apply to the Supreme Court for a costs assessment except where the LPCC is unable to resolve the dispute and has notified you and us of the entitlement to apply for a costs assessment or the LPCC arranges for a costs agreement;
  • apply to the Supreme Court to have a costs agreement declared void. The Court will declare the costs agreement to be void if the Court is satisfied that the costs agreement contravenes or is entered into in contravention of any provision of Division 4 Part 4.3 or the disclosure obligations in Part 4.3 of the Legal Profession Uniform Law;
  • be notified by us of any substantial change to the matters disclosed in this Offer.
• Before entering into an agreement with us you should consider obtaining independent legal advice from a different law practice about what acceptance of the terms and conditions offered to you in this document means for you.

• 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.