Jan 2017 Refund Guarantee Terms & Conditions
- THE FOLLOWING TERMS AND CONDITIONS SUMMARY REFERS TO THE JANUARY 2017 REFUND GUARANTEE PROMOTION (JRGP). JRGP APPLIES TO ALL FULL FEE MATTERS ACCEPTED BY ML BETWEEN 9AM MONDAY 9 JANUARY 2017 AND 5PM TUESDAY 31 JANUARY 2017 AEST.
- THIS OFFER ONLY APPLIES WHERE YOUR CREDIT FILE CONFIRMS THE DEFAULT AS A CONSUMER DEFAULT AND WHERE THE WORK TO BE PERFORMED FOR YOU WOULD OTHERWISE BE IN ACCORDANCE WITH OUR FIXED FEE PRODUCT.
- IF THE 50% REFUND GUARANTEED PRODUCT IS OFFERED BY US AND ACCEPTED BY YOU, THE DEFAULT INFORMATION PROVIDED BY YOU SHALL BE DEEMED BY US TO MEET THE ELIGIBILITY CRITERIA FOR THIS PRODUCT ONLY AND FOR THE SPECIFICALLY STIPULATED CREDIT FILE LISTING ONLY.
- ML RESERVES THE RIGHT TO ACCEPT OR REFUSE TO ACCEPT TO TAKE ON ANY CLIENT OR MATTER AT ITS ABSOLUTE DISCRETION.
- JRGP CAN NOT BE COMBINED WITH ANY OTHER OFFER.
- WHEN YOU CHOOSE TO ENGAGE MYCRA LAWYERS (ML) TO INVESTIGATE THE POSSIBLE INVALIDITY OF YOUR CREDIT FILE BAD CREDIT LISTINGS AND IMPROVE YOUR CREDIT SCORE WHERE POSSIBLE, YOU WILL BE SENT A COPY OF OUR LEGAL SERVICE AGREEMENT AND DISCLOSURE NOTICES WHICH WILL APPLY IN ADDITION TO THESE TERMS AND CONDITIONS OF OFFER.
- ML WILL COMMENCE WORK ON YOUR MATTER IMMEDIATELY OR AS SOON AS PRACTICABLE AFTER RECEIVING YOUR VERBAL OR WRITTEN INSTRUCTIONS. THE WORK PERFORMED IS EXPECTED TO INCLUDE THE FOLLOWING: FILE OPENING 2. CREDIT FILE ASSESSMENT AND OR REVIEW 3. CREDITOR RESEARCH 4. LETTER OF AUTHORITY DRAFT 5. INITIAL LETTER OF REQUEST TO CREDITOR DRAFT 6. LETTER OF AUTHORITY AND INITIAL LETTER OF REQUEST SENT TO CREDITOR 7. FOLLOW UP COMMUNICATIONS WITH CREDITOR AS REQUIRED 8. RECEIPT AND COMPILATION OF REQUESTED CREDITOR DOCUMENTS 9. INVESTIGATION AND REVIEW OF FILE & DOCUMENTS 10. COMPLAINT LETTER DRAFTED 11. COMPLAINT LETTER(S) SENT 12. FOLLOW UP COMMUNICATIONS WITH CREDITOR/REGULATORY BODIES AS REQUIRED 13. FILE REVIEW AND CONFIRMATION OF REMOVAL
- SHOULD THE DEBT REFERRED TO IN THE DEFAULT BE UNPAID, YOU AGREE TO PAY THE DEFAULT AT THE OUTSTANDING BALANCE, OR AS OTHERWISE NEGOTIATED BETWEEN THE PARTIES.
- IF ML REQUIRES ANY FURTHER INFORMATION AND/OR DOCUMENTS, YOU AGREE TO FULLY AND FRANKLY PROVIDE THE ADDITIONAL INFORMATION AND/OR DOCUMENTS PROMPTLY, UPON REQUEST.
- IN THE EVENT YOUR CREDITOR HAS AGREED TO THE REMOVAL OF YOUR DEFAULT AND REQUESTS PAYMENT OF THE DEBT AMOUNT LISTED, OR A LESSER AMOUNT AS NEGOTIATED, YOU AGREE TO BE BOUND BY THE TIMEFRAMES AS STIPULATED BY ML AND/OR YOUR CREDITOR TO FACILITATE THE SAID REMOVAL.
- YOU ACKNOWLEDGE AND ACCEPT THAT FAILURE BY YOUTO ADHERE TO THE TIMEFRAMES HEREIN MAY JEOPARDISE THE SUCCESSFUL REMOVAL OF THIS DEFAULT. AND IS AT YOUR OWN RISK, AND ML MAY EXERCISE ITS DISCRETION TO EITHER SUSPEND, CANCEL OR TERMINATE THIS AGREEMENT WITHOUT A REFUND TO YOU.
- IF, ML ADVISES YOU IN WRITING THAT THAT IT HAS CONCLUDED ITS INVESTIGATIONS, AS SET OUT IN OUR SCOPE IN CLAUSE 2.5 AS WELL AS ANNEXURE A AND ANNEXURE B OF THE CLIENT AGREEMENT AND THE LISTING REMAINS ON YOUR CREDIT FILE, YOU HAVE THE RIGHT TO APPLY FOR A REFUND OF UP TO 50% OF THE PROFESSIONAL FEES INVOICED ON THIS MATTER, THAT YOU FEEL IS FAIR AND REASONABLE AFTER TAKING INTO ACCOUNT THE WORK UNDERTAKEN, THE PROFESSIONALISM AND HELPFUL NATURE OF YOUR ML TEAM.
- THE REFUND RELATES TO THE PRODUCTS AND/OR SERVICES OFFERED AND ACCEPTED UNDER THIS GUARANTEE AND DOES NOT APPLY TO ANY OTHER MATTER, SERVICE OR PRODUCT SUPPLIED BY ML.
- IN THE EVENT ML HAS CONCLUDED ITS INVESTIGATION(S) AS SET OUT ABOVE AND/OR A REVIEW OF YOUR CREDIT FILE AND/OR INFORMATION PROVIDED BY YOU REVEALS THAT EITHER THE DEFAULT LISTED WAS BY A CREDITOR, NOT BEING THE CREDITOR YOU ALLEGED, OR ML BECOMES AWARE OF INFORMATION THAT IS CONTRARY TO THE INFORMATION YOU HAVE PROVIDED THEN YOU WILL BE IMMEDIATELY NOTIFIED OF YOUR OPTION:
- TO DOWNGRADE TO THE FIXED FEE PRODUCT WITHOUT A 50% REFUND GUARANTEE COMPONENT; OR
- TO CANCEL THIS AGREEMENT WITH A FULL REFUND LESS ANY PROFESSIONAL FEES INCURRED PRIOR TO THE CANCELLATION.
- SHOULD YOU DECIDE TO STOP OR CANCEL THE CONTRACT BEFORE ML HAS COMPLETED ITS INVESTIGATION(S), THEN THE 50% REFUND GUARANTEE DOES NOT APPLY. HOWEVER YOU MAY BE ELIGIBLE FOR A REFUND OF ANY UNUSED FUNDS HELD IN LEGAL PRACTICE HOLDINGS PTY LTD TRUST ACCOUNT.
- SHOULD THE LISTING(S) BE REMOVED FROM ONE OR MORE OF YOUR CREDIT FILES FOR ANY REASON ON OR AFTER THE DATE OF YOUR REQUEST TO ENGAGE ML, YOU AGREE THAT THE REMOVAL WILL BE DEEMED A REMOVAL RESOLUTION FOR THE PURPOSES OF THIS AGREEMENT
- ALL OF THE FEES AND CHARGES REFERENCED IN THIS AGREEMENT ARE EXCLUSIVE OF GST UNLESS OTHERWISE STATED:
- PROFESSIONAL FEES FOR THE ATTEMPTED CORRECTION OR REMOVAL OF AN ADVERSE LISTING FROM YOUR CREDIT FILE, AS SET OUT IN OUR SCOPE IN CLAUSE 2.5 AS WELL AS ANNEXURE A AND ANNEXURE B OF THE AGREEMENT SHALL BE THE FULL COST OF THE AGREEMENT, EXCLUDING ANY DISBURSEMENTS WHICH MAY INCLUDE BUT ARE NOT LIMITED TO THE COST OF ACQUIRING CREDIT FILE(S) ON YOUR BEHALF OR PAYMENTS OR SETTLEMENTS TO YOUR CREDITOR;
- THE MINIMUM INITIAL PAYMENT REQUIRED FOR JRGP IS $906.36 FOR EACH MATTER BEING INVESTIGATED;
- THE BALANCE WILL BE DUE AND PAYABLE TO LEGAL PRACTICE HOLDINGS PTY LTD TRUST ACCOUNT, AS EVIDENCED BY CLEARED FUNDS OR A PAYMENT RECEIPT PROVIDED TO ML WITHIN 7 DAYS OF THE DATE OF ANY INITIAL PAYMENT OR AS OTHERWISE AGREED IN WRITING WITH ML.
- IN THE EVENT THE PROFESSIONAL FEES AS REFERRED TO HEREIN ABOVE, ARE NOT RECEIVED IN ACCORDANCE WITH THESE TERMS AND CONDITIONS, THIS JRGP WILL IMMEDIATELY BE DOWNGRADED TO THE FIXED FEE PRODUCT WITH NO REFUND OF ANY AMOUNT.
- THE LAW OF QUEENSLAND WILL APPLY TO THIS AGREEMENT.
- WE RESERVE THE RIGHT TO ALTER, UPDATE, MODIFY,CLARIFY OR CHANGE THESE TERMS AND CONDITIONS AT THE SOLE DISCRETION OF ML. IN THE EVENT ANY CHANGE TO THIS AGREEMENT REQUIRES PRIOR NOTICE TO YOU, WE WILL NOTIFY YOU BY E-MAIL, AT THE E-MAIL ADDRESS YOU HAVE PROVIDED, OF THE NEW OR DIFFERENT TERMS AND CONDITIONS OR WILL PROVIDE YOU WITH A LINK WITHIN SUCH E-MAIL WHERE YOU MAY VIEW THE NEW OR DIFFERENT TERMS AND CONDITIONS ON A WEB SITE. ANY SUCH NOTICE WILL BE DEEMED RECEIVED WHEN MADE AVAILABLE TO YOU AT THE ADDRESS YOU HAVE PROVIDED. IF YOU CONTINUE TO PROVIDE INSTRUCTIONS TO US AFTER THE EFFECTIVE DATE OF SUCH NOTICE, YOUR CONTINUED USE OF THE SERVICE CONSTITUTES ACCEPTANCE OF THE CHANGES AND AN AGREEMENT TO BE BOUND BY THESE TERMS, AS AMENDED. IF YOU DO NOT AGREE TO THE CHANGES, YOU AGREE TO ADVISE US IN WRITING TO CANCEL THIS AGREEMENT.
- IF ANY TERM OR PART OF A TERM OF THIS AGREEMENT IS OR BECOMES LEGALLY INEFFECTIVE, INVALID OR UNENFORCEABLE IN ANY JURISDICTION IT WILL BE SEVERED AND THE EFFECTIVENESS, VALIDITY OR ENFORCEABILITY OF THE REMAINDER TERMS WILL NOT BE AFFECTED.
- TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL LIABILITY FOR ANY LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, OR CLAIMS MADE AGAINST YOU OR ANY THIRD PARTY WHICH RESULT FROM THE AGREEMENT.
- TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL REPRESENTATIONS, GUARANTEES, WARRANTIES OR TERMS (WHETHER EXPRESS OR IMPLIED) OTHER THAN THOSE EXPRESSLY SET OUT IN THESE TERMS, AND THE AUSTRALIAN CONSUMER LAW TO THE EXTENT APPLICABLE.
- DISPUTES: YOU AGREE TO USE YOUR BEST ENDEAVOURS TO USE MEDIATION AND NEGOTIATION TO RESOLVE ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS, PRIOR TO RESORTING TO AN EXTERNAL DISPUTE RESOLUTION PROCESS. PLEASE NOTIFY US IN WRITING OF ANY DISPUTE YOU MAY HAVE.
- WE MAKE EVERY EFFORT TO ENSURE ALL INFORMATION DISPLAYED ON THE SITE IS ACCURATE; HOWEVER, WE ARE UNABLE TO GUARANTEE THE ACCURACY OF ALL INFORMATION NOR ARE WE ABLE TO GUARANTEE THAT THE SITE IS FREE OF ERRORS OR FAULTS. WE RESERVE THE RIGHT TO CHANGE INFORMATION PUBLISHED ON THE SITE AT ANY TIME. WE ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS IN CONNECTION WITH THE USE OF A LINKED SITE.
- YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS IS EVIDENCED BY EITHER YOU INSTRUCTING ML OR BY MAKING PAYMENT TO LEGAL PRACTICE HOLDINGS PTY LTD.