Terms and conditions

1.1  We and our affiliated companies will provide debt collection services to you for each business to business debt that you place with us for collection (the "Service").

1.2  Such placement will be considered as a mandate for us to collect the debt.

2.1  You authorise us to collect payments in respect of the placed debt and to appoint on your behalf third parties such as lawyers, bailiffs, subcontractors ("Third Party") to provide (parts of) the Service.

2.2  You explicitly mandate and authorise us, for any debt of which the total outstanding amount (including interest and costs) is below  EUR 50.000,00, to agree on your behalf, when we estimate this appropriate, on any repayment plan or full and final settlement. This includes the authority to waive on your behalf a part of the placed debt in the frame of a full and final settlement.

2.3  We will not start any legal action or initiate any insolvency procedure without your prior approval.

3.1  We will provide the Service with due care and diligence.

3.2  Once you place a debt for collection you will refrain from any collection activity with respect to the debt and will provide us timely with the necessary information and documentation.

3.3  We have the right to set-off any amount collected by us or via a Third Party against any amount you owe to us.

3.4  We may cease our Service with respect to a single debt collection case when the Service will, in our opinion, not have a cost effective result or when a dispute cannot be solved.

3.5  You may withdraw a mandate to collect a debt subject to prior written notice and withdrawal fees when applicable.

3.6  We endeavour to transfer collection monies to you within fourteen 14 days after collection or upon clearance of a cheque.

3.7. Our Services will be subject to a prior debtor due diligence.  In case of negative result, we may cease our Services.

4.1 This agreement ("Agreement") commences on the Effective Date and shall remain in force for an indefinite period.

4.2  Either party may terminate this Agreement by giving at least two (2) months prior written notice. After the termination date this Agreement shall run-off and remain in force for all debts placed before the termination date.

4.3  Without prejudice to provisions under applicable laws, each party has the right to terminate this Agreement with immediate effect (i) when the other party becomes subject of any bankruptcy or insolvency procedure under the law of its country or (ii) when the other party fails to observe or breaches a material provision of this Agreement and such failure or breach, to the extent possible, is not remedied within a reasonable time to be determined by prior written notice of the terminating party or (iii) any of your directors, or those who control you or own more than 50% of you, become a designated person or entity under United Nations resolutions or sanctions laws or regulations of the European Union, the United Kingdom or the United States of America or the equivalent thereof under any other applicable national sanctions laws or regulations.

5.1  Parties will be liable towards each other for any loss, cost, claim or damage, excluding any loss of business or profits and any consequential damages, which either party might suffer or incur as a result of the other party's gross negligence, wilful misconduct or non-observance of any of its explicit or implied obligations under this Agreement.

5.2  For consequences of breaches related to laws and regulations pertaining to data protection or debt collections, parties will indemnify each other, any of their employees and any Third Party involved in the Service and hold them and each other harmless against any damage, obligations towards any third party, legal proceedings, costs and expenses arising at any time but excluding indirect and consequential losses.

6.1  In connection with this agreement, we and you shall be deemed as separate data controllers under the applicable data protection law in relation to any personal data which may be processed for our own individual purposes and by our own means and/or on your own respective behalves. All data protection and privacy legislation, regulations and guidance including Regulation (EU) 106/679 (the "General Data Protection Regulation" or "GDPR") (or any amendment of the GDPR and  all legislation enacted in the UK  or any of the Territories in respect of the protection of Personal Data), the Data Protection Act 2018 and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and any guidance or codes of practice issued by any Data Protection Regulator from time to time (all as amended, updated or re-enacted from time to time) are applicable.

6.2   Atradius Collections and its affiliates, will process Personal Data related to you and Debt collection cases solely for purposes related to the performance of Services provided under this Agreement and, if applicable, any other agreement entered into by you with us.  Atradius Collections commits to always process such Personal Data, including its sharing and or transfer outside the European Union, in accordance with the privacy statement available at Atradiuscollections.com/privacy.

6.3  If personal data processed for the purpose of providing you the Service or any other related services, is transferred to a jurisdiction outside of the European Economic Area (EEA) and said jurisdiction does not provide an adequate level of data protection according to the applicable data protection law, such transfer shall be governed by the appropriate European Union adopted Standard Contractual Clauses (for the transfer of personal data from a controller to another controller) or any updated or newer version thereof.

These Standard Contractual Clauses are incorporated by reference in our contractual relationship, and shall be governed by the applicable data protection law of the country in which you or we, as each of us may individually act as data exporter, have a relevant establishment in relation to processing of the personal data. Annex B (a description of the personal data we may transfer) forms part of the Standard Contractual Clauses and is available on your request.

Nothing on our contractual relationship shall be construed to prevail over any conflicting clause of the applicable Standard Contractual Clauses, or other transfer mechanism.

6.4  Should you transfer Personal Data other than your own to Atradius Collections, you guarantee us that you have properly notified the concerned persons that their Personal Data may be transferred to third parties for the purpose of the defence of your interests.

6.5  You agree and acknowledge that any data other than personal data, which we have obtained from you during the provision of the Service, may be shared and transferred with/to entities within the Atradius Group and any third party for commercial and credit management purposes unless you inform us in writing which data we cannot share or transfer as stated in this Clause.

We shall not (continue to) provide our Service and shall not be liable to collect, pay or transfer any Collection Monies under this Agreement where the provision of our Services, or collection, payment or transfer of any Collection Monies would expose us to any sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanctions, laws or regulations of the European Union, the United Kingdom, the United States of America or any applicable national sanction laws or regulations

8.1  The laws of England and Wales will exclusively govern this Agreement. Any dispute will be subject to the exclusive jurisdiction of the courts of  England and Wales.

8.2  A provision in this Agreement might be void, invalid or not enforceable under the law. This will not affect the validity or enforceability of any other provision.

9.1. Fees will be charged according to the quote that you have received through the debt collection platform for your specific collection case. This quote is based on the schedule of fees and costs available upon request. All amounts are exclusive of VAT.

9.2  The collection fees ("Success Fees"), calculated as a percentage of the collected amounts, will apply on the total amounts collected after you have placed the debt with us irrespective of who received the amounts, who intervened in relation to the collection of the debt and whether or not these amounts relate to the principal sum, interest or costs.

9.3  Costs for Third Party services and legal proceedings will be charged in addition to these fees, regardless of the result, provided that you have given prior approval to start the debt collection activity that generates such costs. We may request an advance payment from you for such costs.

9.4 Any amount paid on debts from debtors in countries other than the customer's domestic country ("Export Debts") and exceeding the principal amount of the debt, i. e. collection costs and/or interest, will be kept by us as remuneration for our Services in addition to the fees and costs. Where amounts exceeding the principle amount of Export Debts have been passed on to you, you are obliged to transfer such amounts back to us. No Success Fees will apply on collection cost and/or interest collected on Export Debts.

9.5  Success Fees will also apply to debts settled by a counter-trade or a credit note in respect of a return of goods. The Success Fees will be calculated on the amount of the issued credit note or the offset in relation to the counter-trade.

9.6. In the event you withdraw prematurely a mandate to collect we may charge the Success Fee calculated on the full outstanding amount of the debt except if we estimate that the debt cannot be collected anymore or you withdraw a mandate to collect within fourteen (14) calendar days after we have advised to start legal proceedings or an insolvency procedure.

9.7  We are entitled to modify the schedule of fees and costs with a three (3) months' notice. In the event of such a modification you have the right to terminate the Agreement with a two (2) months' notice period, after which this Agreement shall run-off as set out above.

9.8  All invoiced amounts have to be paid at the latest on the communicated due date or, if such date has not been specified, within 30 calendar days after the date of our invoice. In case of late payment we are entitled to charge you as from the due date with the damage caused by such delay, in particular any interest charges and cost in accordance with local law regarding Late Payment of Commercial Debts.

10.1  File opening Fees are Fees that are charged for each Debt that is placed for collection with us.

10.2  Fees for Insolvency Services:

10.3  The Success Fees ("Success Fees"), calculated as a percentage of the collected amounts, will apply on the total amounts collected on a Debt after we have initiated our Service for such Debt, irrespective of who received the amounts, who intervened in relation to the collection of the Debt and whether or not these amounts relate to the principal sum, interest or costs.

10.4  For Debts that are more than 180 days overdue at the date of placement for Debt Collection, 2% is added to the above mentioned percentages. Whether the Debts are more than 180 days overdue will be determined by the due date of the oldest invoice issued to the Debtor.

10.5  Any amount paid on Debts from Debtors in countries other than the customer domestic country ("Export Debts") and exceeding the principal amount of the Debt, i. e. collection cost and/or interest, will be kept by us as remuneration for our Services in addition to the Fees and Costs and Third Party Costs. Where amounts exceeding the principle amount of Export Debts have been passed on to you, you are obliged to transfer such amounts back to us. No Success Fees will apply on collection cost and/or interest collected on Export Debts.

10.6  All amounts are in GBP and exclusive of VAT.
 

Europe I	Americas I	Asia Pacific II
Andorra	Canada	Afghanistan
Belgium	Mexico	Bahrain
Czech Republic	United States	Bangladesh
Denmark		Bhutan
Faroe Islands	Americas II	Brunei Darussalam
Finland	Anguilla	Cambodia
France	Antigua and Barbuda	China
Germany	Argentina	Christmas Island
Gibraltar	Aruba	Cocos (Keeling) Islands
Hungary	Bahamas	East Timor
Ireland	Barbados	Fiji
Italy	Belize	French Polynesia
Liechtenstein	Bermuda	India
Luxembourg	Bolivia	Indonesia
Monaco	Brazil	Iran
Norway	British Virgin Islands	Iraq
Poland	Cayman Islands	Israel
San Marino	Chile	Japan
Spain	Colombia	Jordan
Sweden	Costa Rica	Kazakhstan
Switzerland	Cuba	Kuwait
The Netherlands	Dominica	Kyrgyz Republic
United Kingdom	Dominican Republic	Laos
	Ecuador	Lebanon
Europe II	El Salvador	Macau
Albania	Falkland Islands	Malaysia
Armenia	Greenland	Maldives
Azerbaijan	Grenada	Micronesia
Belarus	Guadeloupe	Mongolia
Bosnia-Herzegovina	Guatemala	Myanmar
Bulgaria	Guyana	Nepal
Croatia	Haiti	North Korea
Cyprus	Honduras	Oman
Estonia	Jamaica	Pakistan
Georgia	Martinique	Palestinian Territories
Greece	Montserrat	Philippines
Iceland	Netherland Antilles	Qatar
Latvia	Nicaragua	Saudi Arabia
Lithuania	Panama	Solomon Islands
Macedonia	Paraguay	South Korea
Malta	Peru	Sri Lanka
Moldova	Puerto Rico	Syria
Montenegro	Saint Lucia	Tajikistan
Portugal	South Georgia & South Sandwich	Taiwan
Romania	St. Kitts Nevis	Thailand
Russian Federation	St. Vincent and Grenadines	Tonga
Serbia	Surinam	Turkmenistan
Slovakia	Trinidad and Tobago	Tuvalu
Slovenia	Turks and Caicos Islands	United Arab Emirates
Turkey	Uruguay	Uzbekistan
	US Virgin Islands	Vanuatu
	Venezuela	Vietnam
		Western Samoa
	Asia Pacific I	Yemen
	Australia
	Hong Kong	Rest of the World
	New Zealand	All other countries
	Singapore