Terms & Conditions
1. REFERRAL OF DEBTS AND PROCEDURE
The Client authorises Circle Squared to collect the debts referred to Circle Squared on its behalf in accordance with the terms set out below.
Circle Squared will take such steps as it sees fit to collect the debts, including, but not limited to engaging the services of Solicitors and other agents on your behalf.
The Client warrants that to the best of its knowledge all instructions and information provided to Circle Squared are accurate and correct and Debts are legally due.
Circle Squared reserves the right to decline the collection of accounts which fall outside the terms of this Agreement.
2. FEES AND CHARGES
Circle Squared will collect the debts referred to Circle Squared on a no win no fee basis*. Circle Squared will deduct a commission, where any debt is collected which is equivalent to the following percentages of the debt recovered by Circle Squared.
Debtors greater than £20.000 20%
Below £4,999 15% (all prices are excluding Vat)
This deduction shall be made by Circle Squared before any funds are released to The Client.
*Circle Squared reserves the right to make a charge for time spent on cases where we become aware of existing disputes on the debts we have been asked to collect, where we were not made aware of the dispute when the debt was handed over to us. This charge will be equivalent to the commission as detailed above.
2.1 Where applicable, under the Late Payment of Commercial Debts (interest) Act and The Late Payment of Commercial Debts Regulations 2013, late payment, interest charges and “reasonable recovery costs” will be added to the debt. In the event that these charges can be collected from the debtor those charges will be retained by Circle Squared unless there is an agreement to the contrary.
2.2 The Client agrees to pay commission at the applicable rate on an account where the debt has been settled by way of returned or seized goods, or in the event that The Client agrees to credit against part or all of the debt.
2.3 The Client agrees that in the event of a case being withdrawn prior to Circle Squared having exhausted its efforts the full value of commission will be charged.
3. ISSUING CLAIMS THROUGH THE COURT
In the event the client wishes Circle Squared to instruct Solicitors to issue legal proceedings on the client’s behalf the client authorises Circle Squared to act as its agent, provide instructions to the solicitors and receive monies on behalf of the client. The client agrees to be responsible for all fees and costs incurred with solicitors. There is no obligation upon the client to utilise the service of any solicitors that Circle Squared may recommend, but in the first instance a referral will be made to Stripes Solicitors of Manchester, which specialises in company commercial, insolvency and business debt recovery. Stripes provide a service at ‘no cost’ to clients of Circle Squared, in that, all costs are claimed from the debtor. If a situation arises where you may be responsible for costs, you will be advised in advance to enable you to make an informed commercial decision as to how you wish to proceed.
3.1 Circle Squared shall not be liable to the client for any counter claim that may be brought by the client’s debtors and or set off in any action that is brought nor for any costs awarded in favour of a debtor or 3rd party within any proceedings. The client agrees to indemnify Circle Squared in the event of any such costs orders or damages being awarded against them as a result thereof. Circle Squared may submit relevant authorities to the client from time to time seeking approval and agreement to the terms of business of any solicitors appointed on the client’s behalf. By continuing with the instructions after terms of business have been sent you accept that you have been fully apprised of your options including any potential adverse reactions and associated costs.
3.2 Circle Squared is not a firm of solicitors and does not provide legal advice. Circle Squared assists client’s in considering which options are available to it for the recovery of debt. Such assistance is dependent upon the nature of the debt/s being pursued. Any advice provided by recommended solicitors to clients of Circle Squared, is provided independently of Circle Squared in accordance with the terms of business of the solicitors and any requirements of the Law Society of England and Wales and/or the Solicitor’s Regulation Authority.
4. DEBTS PAID DIRECT TO CIRCLE SQUARED
Debts paid to Circle Squared will be accounted for and remitted to The Client following deduction by Circle Squared of the fee, that is to be paid to Circle Squared in respect of any debt it collects. The Client agrees that if it receives any payment from Circle Squared and that payment is subsequently claimed back by the debtor, or any third party that The Client will pay back that sum to Circle Squared within 10 days without deduction.
5. DEBTS PAID DIRECT TO THE CLIENT
The Client undertakes to advise of and confirm to Circle Squared any direct payments immediately to ensure debtors’ records are updated on a timely basis and to avoid Debtors being followed up unnecessarily. Circle Squared’s fee is due on all such payments.
6. DISPUTED ACCOUNTS
Where the Debtor disputes the account and Circle Squared is unable to resolve the dispute with the assistance and co-operation of The Client, Circle Squared may suspend all action and return the account to The Client.
7. SETTLEMENT OFFERS
Where a Debtor offers a reduced sum in full and final settlement of the Debt, Circle Squared will refer to The Client for a decision unless a previously agreed discretionary limit exists.
Circle Squared undertakes that information provided by The Client will be kept confidential and is passed to staff and outside contractors on a ‘need to know’ basis.
The Client undertakes to keep details of this Agreement confidential.
9. ANTI-MONEY LAUNDERING
In considering your application, we may undertake a search against each individual, partner, director (or similar person) for the purposes of verifying your identity. To do we may check the details you supply against any particulars on any database (public or otherwise) to which we have access. A record of the search will be retained.
In providing services under this agreement Circle Squared will make every reasonable effort to exercise all reasonable care and skill and act in your best interest at all times. However, Circle Squared shall not be liable as a company or by its offices for any direct or consequential losses incurred whatsoever and howsoever caused.
11. FORCE MAJEURE
In the event that Circle Squared is prevented from performing any task in whole or part by industrial action, lock out war riot, explosion of fire, restrictions of movement caused by strike, fuel and transport disruption, act of god or any other influence outside the control of Circle Squared whether affecting its own business of that of any support or supplier Circle Squared shall not be liable for any direct or indirect or consequential loss or damage to the client or any 3rd party whatsoever.
This Service Level Agreement will commence on the date of the agreement and may be terminated by either party serving 30 days notice in writing on the other.
This agreement shall be governed by construed in accordance with the laws of England and Wales and all parties submit to the exclusive jurisdiction of the courts of England and Wales.Contact Us Today