Terms and Conditions

1. Definition and Payment

1.1 “Chirolife” shall mean Hughes Services P/L T/A Chirolife.

1.2 “Client” shall mean the Client or any person (or persons) that agree herein to be liable for the debts of the Client on a principal debtor basis.

1.3 Time for payment for the Services shall be of the essence and will be stated on the invoice.  If no time is stated then payment shall be on delivery of the Services.

1.4 At Chirolife’s sole discretion, payment for approved Clients or Persons responsible for the Account shall be made by instalments in accordance with Chirolife’s payment schedule.

2. Default

2.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Chirolife’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.

2.2 If the Client owes Chirolife any money the Client shall indemnify Chirolife from and against all costs and disbursements incurred by Chirolife in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Chirolife’s collection agency costs, and bank dishonour fees).

3. Privacy Act 1988

3.1 The Client agrees for Chirolife to obtain from a credit reporting agency a credit report containing personal credit information about the Client in relation to credit provided by Chirolife.

3.2 The Client agrees that Chirolife may exchange information about the Client with those credit providers either named as trade referees by the Client or named in a consumer credit report issued by a credit reporting agency for the following purposes:

(a) to assess an application by the Client; and/or

(b) to notify other credit providers of a default by the Client; and/or

(c) to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or

(d) to assess the creditworthiness of the Client.

The Client understands that the information exchanged can include anything about the Client’s creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988.

3.3 The Client consents to Chirolife being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).

3.4 The Client agrees that personal credit information provided may be used and retained by Chirolife for the following purposes (and for other purposes as shall be agreed between the Client and Chirolife or required by law from time to time):

(a) the provision of Services; and/or

(b) the marketing of Services by Chirolife, its agents or distributors; and/or

(c) analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Services; and/or

(d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or

(e) enabling the daily operation of Client’s account and/or the collection of amounts outstanding in the Client’s account in relation to the Services.

3.5 Chirolife may give information about the Client to a credit reporting agency for the following purposes:

(a) to obtain a consumer credit report about the Client;

(b) allow the credit reporting agency to create or maintain a credit information file containing information about the Client.

3.6 The information given to the credit reporting agency may include:

(a) personal particulars (the Client’s name, sex, address, previous  addresses, date of birth, name of employer and driver’s licence number;

(b) details concerning the Client’s application for credit or commercial credit and the amount requested;

(c) advice that Chirolife is a current credit provider to the Client;

(d) advice of any overdue accounts, loan repayments, and/or any outstanding monies owing which are overdue by more than sixty (60) days, and for which debt collection action has been started;

(e) that the Client’s overdue accounts, loan repayments and/or any outstanding monies are no longer overdue in respect of any default that has been listed;

(f) information that, in the opinion of Chirolife, the Client has committed a serious credit infringement (that is, fraudulently or shown an intention not to comply with the Clients credit obligations);

(g) advice that cheques drawn by the Client for one hundred dollars ($100) or more, have been dishonoured more than once;

(h) that credit provided to the Client by Chirolife has been paid or otherwise discharged.

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If I execute this agreement as the person responsible for payment on behalf of the Client I guarantee the due and punctual payment of all monies payable under this agreement. This Guarantee and Indemnity shall constitute an unconditional and continuing guarantee and indemnity and accordingly shall be irrevocable and remain in full force and effect until the whole of moneys owing to Chirolife by the Client and all obligations herein have been fully paid satisfied and performed.

I certify that the above information is true and correct.  I authorise the use of my personal information as detailed in the Privacy Act clause. I have read and understand the PAYMENT TERMS AND CONDITIONS (above) of Chirolife which form part of, and are intended to be read in conjunction with this Client Information Form and agree to be bound by these conditions.