TERMS AND CONDITIONS OF PURCHASE

DEFINITIONS:

Company: means DGI Debt Management Pty Ltd [ABN 64 631 021 184] having its registered office at Level 22, 31 Market Street, Sydney NSW 2000 and its associated companies and business names listed below.

Customer: means the person(s) or company named on the order form, online order or over the telephone. Where the Customer is a corporation, this agreement is signed under Section 126 of the Corporations Act 2001 by its agent.

AGREEMENT:

  1. This agreement regulates the sale by the Company to the Customer for the purchase by the Customer of the Company’s debt management services and products (the “Debt Management Services”) as identified on the order form, online order or over the telephone.
  2. By entering into this agreement, the Customer agrees to pay the specified purchase price to the Company and accepts responsibility and liability for payment. The Customer acknowledges that if payment is not made, the provision of the Debt Management Services may be cancelled by the Company without notice.
  3. On entering into this agreement, a 3 business day cooling off period commences, during which the Customer can cancel the agreement and receive a refund of all monies paid under the agreement. A refund becomes a cancellation of the agreement in its entirety. Notice of cancellation within the cooling off period must be given by the Customer to the Company in writing by email at the address: info@ dgidebtmanagement.com.au. Notice of cancellation by telephone is not permitted. A refund shall not be permitted in circumstances where the Customer has received any part of the products or services from the Company and has utilised them (or benefited from such product or service) within the cooling off period.
  4. The sale price under the agreement stated on the order form, online order or over the telephone must be paid by lump-sum as specified in the order or over the telephone.
  5. The Customer acknowledges and agrees that the Blue, Bronze, Silver and Platinum Packages provided by the Company to the Customer will endure for a period of six (6) months from the date of entering into this agreement. The Customer may request an extension of the Debt Management Services provided under this agreement in writing. The Customer acknowledges and accepts that any extension beyond the initial six (6) months period will incur a service extension fee of $995 per additional month.
  6. The Customer acknowledges and agrees that:
    • In the case of the Blue Package there is a maximum limit of one (1) debt that the Company can provide Debt Management Services under this agreement. The Customer acknowledges and accepts that any additional debts beyond the maximum of one (1) debt permitted will incur a fee of $1,000 for the Credit Repair product.
    • In the case of the Bronze Package there is a maximum limit of five (5) debts that the Company can provide Debt Management Services under this agreement. The Customer acknowledges and accepts that any additional debts beyond the maximum of five (5) debts permitted will incur a fee of $1,000 for each additional debt.
    • In the case of the Silver Package there is a maximum limit of two (2) secured debts and five (5) unsecured debts that the Company can provide Debt Management Services under this agreement. The Customer acknowledges and accepts that any additional debts beyond the maximum of two (2) secured debts and five (5) unsecured debt permitted will incur a fee of $1,000 for each additional debt.
    • In the case of the Gold Package there is a maximum limit of five (5) credit card or business debts that the Company can provide Debt Management Services under this agreement. The Customer acknowledges and accepts that any additional debts beyond the maximum of five (5) credit card or business debts permitted will incur a fee of $1,000 for each additional debt.
    • In the case of the Platinum Package, it will be on the discretion of the Company to determine the maximum number of debts that the Company can provide Debt Management Services under this agreement.
    • In the case of the Credit Repair product there is a maximum limit of two (2) credit defaults or three (3) enquiries that the Company can provide Debt Management Services under this agreement. The Customer acknowledges and accepts that any additional defaults or enquiries beyond the maximum of two (2) credit defaults or three (3) enquiries permitted will incur a fee of $500 for each additional default or enquiry.
  7. The Customer acknowledges and accepts that if recommended actions by the Company (based on the Customer’s debt strategy) are refused by the Customer, the Company reserves the right within its discretion to cancel the Debt Management Services, which will result in the Customer forfeiting any rights or remedies to receive any refund of any service fee paid.
  8. The Customer acknowledges that as part of the service requirement, the Customer must provide the Company with documents and/or information when requested by the Company in a timely The Customer acknowledges and accepts that if any documents or information are not supplied in a timely manner, the Company reserves the right to cancel the Debt Management Services, which will result in the Customer forfeiting any rights or remedies to receive any refund of any service fee paid.
  9. The Customer acknowledges that as part of the service requirement, the Customer must provide the Company with transparent, true, accurate and timely financial, creditor and other such information to enable the Company to consider the Customer’s debt position. The Customer acknowledges and accepts that withholding information, providing false and/or misleading information to the Company or acting in a fraudulent manner will be considered a material breach of this agreement and will forfeit any service fees paid to the Company.
  10. The Customer acknowledges and accepts that the Debt Management Services provided by the Company does not include legal representation in relation to any litigation, insolvency, bankruptcy, employment, tax or any other matters. The Customer acknowledges and accepts that for any such matters, the Customer will need to seek their own independent legal advice If the Company is required to engage a legal representative on the Customer’s behalf, such costs will be borne by the Customer.
  11. The Company declares and the Customer acknowledges that the intellectual property, copyright and trademarks relating to the products and/or services sold under this agreement are the sole and absolute property of the Company. The Customer acknowledges that title to all such intellectual property, copyright and trademarks relating to the Debt Management Services remains with the Company and are provided to the Customer for their personal use only and copying them is prohibited.
  12. By entering into this agreement, the Customer confirms its reliance upon personal choices and decisions and not on any influence, persuasion, warranty or representation made by the Company, its affiliated companies, their directors, employees and/or agents.
  13. The Company may, at the request of the Customer, provide answers to the Customer’s questions and provide general advice to the Customer without specific recommendations but rather guidance as to the Customer’s desired achievements and expectations.
  14. The terms and conditions set forth herein constitute the entire agreement between the parties and supersede any communications or previous agreements with respect to the subject matter of this agreement. There are no warranties, representations, covenants or agreements, express or implied, between the parties except those expressly set forth in this agreement. No change can be made to this agreement other than in writing and signed by both parties.
  15. Aspects of the products and services provided by the Company may have been prepared and supplied by DGI Lawyers Pty Ltd (ABN 89 620 718 550) where relevant. The Company may retain the services of DGI Lawyers Pty Ltd from time to time at no cost to the Customer for advice and opinion as may be necessary for the soundness and regulatory compliance of any products and services supplied to the Customer. The Customer acknowledges that the services of DGI Lawyers Pty Ltd are limited to those services specified in this clause and does not include any disbursements which are payable by the Customer in full. The Customer further acknowledges that any specific and/or additional legal services provided by DGI Lawyers Pty Ltd at the Customer’s request will be charged directly to the Customer.
  16. The jurisdiction and law applicable to this agreement is the State of New South Wales.
  17. Service of notices process and documents by one party on the other shall be by email only at the respective email addresses stated on this agreement.
  18. The Customer acknowledges that the Company may seek to obtain consumer credit information from any credit reporting body(ies) about the Customer if the Company considers it relevant to assessing the Customer’s application for commercial credit, made to the Company.
  19. The Customer agrees to the Company obtaining personal information about the Customer if the Company considers it relevant to assessing the Customer’s application for commercial credit, made to the Company.
  20. The Customer agrees that if there is a payment default under the terms of this agreement, DGI Debt Management Pty Ltd may list information about such credit default by the Customer with a credit reporting body.
  21. DGI Debt Management Service Guarantee; The Customer will receive a full refund of monies paid if the Customer’s debt position is not improved by more than the service fee paid at the completion of the service being delivered.
  22. By entering into this agreement, the Customer authorises and consents to DGI Debt Management Pty Ltd (ACN 631 021 184) sharing the Customer’s personal details with its affiliated companies if necessary, in order to engage services provided by other divisions of the business and to undertake a holistic approach to serve the Customer The affiliated companies of DGI Debt Management Pty Ltd (ACN 631 021 184) include: Master Wealth Control Pty Ltd (ACN 148 036 677), DGI Finance Pty Ltd (ACN 621 059 756), DGI Wealth Management Pty Ltd (ACN 626 596 272), DGI Accounting Pty Ltd (ACN 625 320 363), Open Network Funding Pty Ltd (ACN 621 733 088), DGI Lawyers Pty Ltd (ACN 620 718 550) & DGI Asset Management Pty Ltd (ACN 631 156 897) and any other affiliated company created in the future. The Customer acknowledges that any information provided to the Company will be treated by all parties as confidential.
  23. Once an agreed outcome has been negotiated between the Customer and the relevant creditor in relation to the Customer’s debt position, the Company shall have the option of ceasing to provide the Debt Management Service to the Customer as a successful outcome has been reached for the Customer. At such time, (a) the Company shall cease acting for the Customer in relation to the Debt Management Services and the Company will take all reasonable steps to remove its authority to act for the Customer in relation to any negotiations with a creditor, and (b) the Customer shall take full responsibility to adhere to the negotiated outcome agreed with the relevant creditor (the “Initial Creditor Agreement”). Should the Customer require additional assistance in connection with the Initial Creditor Agreement (including but not limited to any breaches or payment defaults under the terms of the Initial Creditor Agreement), the Company and the Customer may enter into a separate contract (on terms substantially similar to this agreement) for an additional service fee as agreed between the parties.
  24. The Company will endeavour to remove enquiries from the Customer’s credit report, rectify defaults from the Customer’s credit history, and/or negotiate favourable settlement terms for the Customer. However, in some cases this will not be possible due to unsuccessful negotiations with creditors and being unable to reach mutual agreement. In these circumstances, the Company shall not be responsible or liable for being unable to reach a resolution with any creditor and it will not warrant a refund of the service fee paid by the Customer (either in part or in full).

DATE: 12th April 2021

DISCLOSURE:

This legal practice conducted by Dominique Grubisa and her legal services are independent of and not provided by or affiliated with Dominique Grubisa’s other businesses.

DGI Debt Management Pty Ltd [ABN 64 631 021 184]: Level 22, 31 Market St Sydney NSW 2000, PHONE: 02 9986 2228, FAX: 02 9986 3338, Email to: info@dgidebtmanagement.com.au