(1) Commercial Debts are treated as such at reduced commissions terms compared with Household rates for so long as the Debtor Company, Firm Partnership) or Sole Trader remain in business under the same Legal Title in which the debt or claim arose, operating from commercial premises which are open or generally open to the Public or in the case of offices, are generally operational and manned as such.

(2) Commission terms may otherwise vary to "Household" rates applicable at the appropriate scale or such other reasonable terms which may be agreed, should Debtor organisations, cease to trade or establish a new business at some other address or in the case of Small Businesses where the debtor Firm or Sole Trader operate from his or their (as the case may be) Residential addresses(s).

(3) Commission rates are tiered and scheduled assuming full and prompt recovery is achievable. Should payment be both offered by the Debtor and accepted by our clients which would not see the whole debt fully cleared within a period of six months from the starting payment date proposed, commission will become payable at the percentages applicable to the value of the actual individual remittances received or made by the Debtor, or otherwise at such rates as may reasonably be agreed in writing with our clients or may as otherwise be provided for by condition No. 16 hereof.

(4) Standard Commission terms only apply for those classes of Debt more particularly identified herein. accountcollection.com reserve the right at their absolute discretion to decline instructions at Standard Terms but clients may not unilaterally rescind instructions once activated or on such terms as may be agreed without the consent of accountcollection.com.

(5) That it is the incumbent duty of clients to provide correct details of the Debt claimed and the Legal Status and identification of the Debtor. Failure to do so will absolve our organisations from liability, claims or actions howsoever arising and our clients are required to indemnify us against all such claims.

(6) It is the sole duty of clients to notify our firm in writing of all or any payments received, any Notices as to Dispute or of the Debtor questioning Responsibility or Liability in any manner, of the amount claimed. Failure to do so will or may render our clients absolutely responsible for all or any costs, expenses or claims howsoever arising for any failure to do so, whether by act, error or omission. That clients are thereby required to absolutely indemnify and to keep indemnified our firm for any breach or failure to observe this or such other conditions herein arising.

(7) Commissions are due in respect of all or any payments made by the debtor from the date that deemed first contact is received from our firm. Such contact being deemed to be same day, in the event of facsimile or personal delivery being adopted, or the day following Letter Before Action/Notice of Default where First Class Post or Recorded Delivery is the method of rendering such communication and regardless as to whether such payments are made to our organisation or direct to our clients.

(8) Standard Commission terms do not apply and are separately negotiable in cases where the amount claimed is in dispute or that liability has been called into question. In the event that material information as to the validity of the amount claimed to be due has been notified to our Clients which has not in turn been disclosed to our organisation, but later becomes apparent, the right is reserved to vary our Standard Terms by such percentage as may be considered reasonable to take into account the complexity or otherwise of the case in hand, such percentage not in any event to exceed double the Standard Rate which would otherwise have been applicable.

(9) Instructions once placed and confirmed may not by the clients be cancelled or withdrawn without the prior consent in writing of our organisation and then only on such reasonable terms as may be agreed. Withdrawal from activity may at any time be instigated at our sole discretion, without giving cause or reason and that all documents records and paperwork remain our sole property.

(10) In the event that Clients accept a sum in Full and Final Settlement which is less than the original amount claimed to be due, Commission will be payable at the percentage rate applicable to the amount of the actual sum accepted and/or paid or recovered.

(11) Standard Commission Terms apply only where the Debtor Individual, Firm or Limited Company, reside, trade or have Registered Office address, as applicable, within the Jurisdiction of England and Wales. Whilst attempted recovery of funds due from Debtors outside of such Jurisdiction may be undertaken, non-standard commission and other terms to be individually negotiated will apply.

(12) Commission will remain payable at such rate as may be applicable, in the event that clients may accept Property, Goods or Assets in lieu of a monetary sum either in part or full settlement. Such commission to be determined by the rate that would otherwise have been payable on a cash payment to the equivalent value of such property as may be so accepted. The "Value" of such property to be determined by agreement wherever possible but otherwise to be assessed as the current second-hand market value at the date of such acceptance, having due regard for fair wear and tear.

(13) In the event either (a) it is agreed that the Debtor is due a credit which had not been apparent at the point of our instructions or (b) that the debtor should have an equitable right of set-off from the original debt claimed and that the total sum then being due and subsequently paid falling into a higher category or commission band then notwithstanding that our original documentation may have specified some lower commission being chargeable, such higher rate commission as may be applicable upon either our Standard Terms or as may otherwise be agreed in writing shall be due and payable.

(14) Costs incurred in preparation, issue or service of documents are or may be charged to Debtors and such costs are wholly exclusive of commission terms with our own clients. The right is reserved, at our absolute discretion to attribute funds recovered firstly to such costs and expenses incurred and any balance of funds recovered then attributed to the debt due to our clients.

(15) The Creditor(s) warrant the debt to be properly due and payable to them and that they are not themselves the subject of any outstanding Insolvency proceedings and indemnify accountcollection.com against all claims costs and expenses howsoever arising in the event that it may be later established, Ordered or Adjudged that the debt or any part of such may not be so payable. Should the Creditor receive at any time notice under the Insolvency Rules concerning the Debtor it is incumbent upon the Creditor to immediately notify accountcollection.com by Facsimile Message only and failure to do so which results in unnecessary costs being incurred will be held the responsibility of the Creditor.

(16) Where instalment arrangements are offered and accepted or ordered to be paid, which if complied with would not see the whole debt discharged within 180 days (6 months) from the date of first instruction accountcollection.com reserve the right and at their absolute discretion, if not agreed, to increase their Standard Commission terms to an economic rate that is reflective of the actual repayment term and the costs and expenses of such collection on the extended terms arising. Not exceeding in any single case tripling the original commission terms agreed.

(17) Whilst it is accepted that accountcollection.com will exercise reasonable care and attention in their recovery activities as AGENTS for the Creditor, any advice, recommendations or opinions expressed are or may be offered or given on an informal basis only and entirely Without Prejudice even though such may not be specifically recorded as such in individual letters documents or stated at the time of any verbal conversations.

(18) Commission is due and payable on all sums paid either to accountcollection.com or direct to its clients with immediate effect where the mode of first correspondence with the Debtor is by facsimile or from the day following where letter before action is otherwise sent by First Class Post.

(19) The commission percentage payable is calculated on the scale applicable to classification as "Household" or "Commercial" as may be appropriate and for the purpose of calculation of the age of the debt from the date of invoice to the date that instructions to collect be both given and received.

(20) For the purpose of calculation of time as to calculation of the age of the debt, instructions to send at a fee, a Solicitors' letter before action or a Default Notice, referred to herein, shall be excluded. Special low rate terms to send a letter before action only do not count as instructions to collect on a commission basis., unless automatic instructions are given at the outset to proceed with commission based recovery at expiry of the deadline for payment under a letter before action.

(21) It is only from the date that instructions be given to collect on a commission basis that the scale of commission be then fixed according to the age of the debt at that date, subject to the exclusion referred to in para. 20 above.

(22) All commission charges and fees are subject to v.a.t. at the prevailing rate in being from time to time. Currently 17.5%

(23) These terms and conditions and the contract between accountcollection.com and it's clients is to be construed in accordance with the Laws of England and Wales.

(24) It is expressly deemed that clients instructing accountcollection.com pursuant to these terms do accept that Jurisdiction for the purpose of any court proceedings be in England and any small claims be heard in the Southend County Court. All or any lawful costs awarded in such proceedings together with all or any costs and expenses of enforcing actual payment of any Court Order made in England, within other Jurisdictions are additionally payable by the defaulting party.

Last up-dated: 23 November 1998