DEBT COLLECTION AGREEMENT
1. General
1.1. This agreement takes effect upon the date when the Debt Collector on the website www.creditmanagementagency.com confirms to the Client that the collection process for the uploaded claim has commenced.
1.2. This agreement covers debt collection under the recovery process and expires as soon as the recovery process is finished, whether it leads to the successful recovery of the debt or not. A Client may not cancel or withdraw a case under the ordinary recovery process. The length of the ordinary recovery process is 360 days. After 360 days the Client has the right to cancel the case. The agreement terminates 10 days from the day the client requested to cancel the case.
1.3. The recovery process includes recovery activities in the Amicable Stage (Out of court Debt Recovery), the Judicial stage (Legal actions) and services for Enforcement and Insolvency proceedings.
1.4. Legal actions may be necessary if the Debtor does not voluntarily pay the debt collection demand. The Client then receives a recommendation and request for how they want to proceed in the matter. The Client can at this point choose to close the case or proceed with Debt Collector.
1.5. Communication between the parties primarily takes place by e-mail and shall be conducted in English.
2. The Debt Collector
2.1. The Debt Collector agency holds permits for debt collection.
2.2. Collection activities shall follow laws and regulations and will be conducted in a courteous and business-like manner.
2.3. All collected amounts from the Debtor are managed in accordance with applicable legislation and are continuously transferred and reported to the Client. Transfer of collected amounts is made to an account indicated by the Client with deductions for costs and commission.
2.4. The Debt Collector will not institute any action which entails costs before receiving written approval from the Client.
2.5. The Debt Collector sends the Client a casereport after case is closed.
2.6. The Debt Collector responds promptly to any questions from the Client.
2.7 The Debt Collector is entitled to refuse any assignment. The Client shall be given the reason for the refusal.
2.8. The Debt Collector is authorized to make instalment plans with the Debtor. In that case the ordinary recovery process terminates when the debtor pays the last installment.
2.9. The Debt Collector is entitled to terminate collection which does not lead to a result. The Debt Collector shall notify the Client of such termination.
3. The Client.
3.1. The uploaded claim must be against a legal entity. The claim must be due, undisputed and must not be neither time-barred nor acquired.
3.2. The Client must upload complete and accurate information and documents relevant to the case. 3.3. The Client will make no further contact with the Debtor. The Client will refer the Debtor to the agency in all contact regarding the assignment and inform the Debt Collector by e-mail about any communication with the Debtor.
3.4. The Client notifies the Debt Collector of:
- Communications held with the Debtor.
- Payments made directly to the Client.
- Other matters of importance for the case, such as objections, etc.
3.5. The Client collaborates with the agency to facilitate the collection process. For instance, this could mean that the Client sends supplementary documents if needed.
4. Price
4.1. The Client stands all cost outlays in the recovery process. Before the Debt Collector initiating any action, which entails costs for the Client, the Client must approve the action by e-mail to the Debt Collector.
4.2. The Debt Collector is entitled to all statutory recovery costs paid by the debtor, except actual cost outlays already paid by the Client.
4.3. The Debt Collector is entitled to a commission of 20% of the collected principal and 50% of the interest amount. Commission is charged for all payments (And all types of remedies such as merchandise return, credit notes, etc.) from the Debtor received either by the Debt Collector or the Client. The Debt Collectors right to commission applies to payments made on the same day or after the date, this agreement takes effect. The Debt Collector is also entitled to the commission if the Client cancels or withdraws a case under the recovery process. (Clause 1.2.)
4.4. Costs and fees are written off first for payments received from Debtor.
4.6. If payment is made directly from the debtor to the customer and the statutory collection costs are not included in this amount; The Debt Collector invoice the debtor for the statutory collection costs. The client cannot be held liable to pay the statutory collection costs.
5. Miscellaneous:
5.1. Neither party shall be liable for any damage or any delay due to force majeure event.
5.2. Both parties undertake not to communicate information that is confidential and whose disclosure could harm other party without the other party 's consent.
5.3. The Debt Collector shall not be held liable for any fluctuations in currency rates or harm caused.
PRIVACY POLICY
Privacy Policy of www.archer.ee
This Application collects some Personal Data from its Users.
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Debt Collection Services Ltd
Owner contact email: info@creditmanagementagency.com
Among the types of Personal Data that this Application collects, by itself or through third parties, there are: Cookies; Usage Data; first name; last name; address; email address; password; company name; VAT Number; country; ZIP/Postal code; various types of Data; language; phone number.
Complete details on each type of Personal Data collected are provided in the dedicated sections of this privacy policy or by specific explanation texts displayed prior to the Data collection.
Personal Data may be freely provided by the User, or, in case of Usage Data, collected automatically when using this Application.
Unless specified otherwise, all Data requested by this Application is mandatory and failure to provide this Data may make it impossible for this Application to provide its services. In cases where this Application specifically states that some Data is not mandatory, Users are free not to communicate this Data without consequences to the availability or the functioning of the Service.
Users who are uncertain about which Personal Data is mandatory are welcome to contact the Owner.
Any use of Cookies – or of other tracking tools – by this Application or by the owners of third-party services used by this Application serves the purpose of providing the Service required by the User, in addition to any other purposes described in the present document and in the Cookie Policy, if available.
Users are responsible for any third-party Personal Data obtained, published or shared through this Application and confirm that they have the third party's consent to provide the Data to the Owner.
The Owner takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.
The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Owner, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of this Application (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Owner at any time.
The Owner may process Personal Data relating to Users if one of the following applies:
In any case, the Owner will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
The Data is processed at the Owner's operating offices and in any other places where the parties involved in the processing are located.
Depending on the User's location, data transfers may involve transferring the User's Data to a country other than their own. To find out more about the place of processing of such transferred Data, Users can check the section containing details about the processing of Personal Data.
Users are also entitled to learn about the legal basis of Data transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by the Owner to safeguard their Data.
If any such transfer takes place, Users can find out more by checking the relevant sections of this document or inquire with the Owner using the information provided in the contact section.
Personal Data shall be processed and stored for as long as required by the purpose they have been collected for.
Therefore:
The Owner may be allowed to retain Personal Data for a longer period whenever the User has given consent to such processing, as long as such consent is not withdrawn. Furthermore, the Owner may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.
Once the retention period expires, Personal Data shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.
The Data concerning the User is collected to allow the Owner to provide its Service, comply with its legal obligations, respond to enforcement requests, protect its rights and interests (or those of its Users or third parties), detect any malicious or fraudulent activity, as well as the following: Analytics, Platform services and hosting, Remarketing and behavioral targeting, Registration and authentication, Managing landing and invitation pages, Managing contacts and sending messages, Interaction with live chat platforms, Tag Management and Contacting the User.
For specific information about the Personal Data used for each purpose, the User may refer to the section “Detailed information on the processing of Personal Data”.
Users may exercise certain rights regarding their Data processed by the Owner.
In particular, Users have the right to do the following:
Where Personal Data is processed for a public interest, in the exercise of an official authority vested in the Owner or for the purposes of the legitimate interests pursued by the Owner, Users may object to such processing by providing a ground related to their particular situation to justify the objection.
Users must know that, however, should their Personal Data be processed for direct marketing purposes, they can object to that processing at any time without providing any justification. To learn, whether the Owner is processing Personal Data for direct marketing purposes, Users may refer to the relevant sections of this document.
Any requests to exercise User rights can be directed to the Owner through the contact details provided in this document. These requests can be exercised free of charge and will be addressed by the Owner as early as possible and always within one month.
This Application uses Cookies. To learn more and for a detailed cookie notice, the User may consult the Cookie Policy.
The User's Personal Data may be used for legal purposes by the Owner in Court or in the stages leading to possible legal action arising from improper use of this Application or the related Services.
The User declares to be aware that the Owner may be required to reveal personal data upon request of public authorities.
In addition to the information contained in this privacy policy, this Application may provide the User with additional and contextual information concerning particular Services or the collection and processing of Personal Data upon request.
For operation and maintenance purposes, this Application and any third-party services may collect files that record interaction with this Application (System logs) use other Personal Data (such as the IP Address) for this purpose.
More details concerning the collection or processing of Personal Data may be requested from the Owner at any time. Please see the contact information at the beginning of this document.
This Application does not support “Do Not Track” requests.
To determine whether any of the third-party services it uses honor the “Do Not Track” requests, please read their privacy policies.
The Owner reserves the right to make changes to this privacy policy at any time by notifying its Users on this page and possibly within this Application and/or - as far as technically and legally feasible - sending a notice to Users via any contact information available to the Owner. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom.
Should the changes affect processing activities performed on the basis of the User’s consent, the Owner shall collect new consent from the User, where required.
Latest update: 20.11.2020
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