1. Definitions
1.1 “CCA” shall mean Collection Consultancy Australia Pty Ltd, ABN 71 623 144 856, ACN 623 144 856, its successors and assigns or any person acting on behalf of and with the authority of Collection Consultancy Australia Pty Ltd.
1.2 “Client” means the person/s or any person acting on behalf of and with the authority of the Client requesting CCA to provide the Services as specified in any proposal, quotation, order, invoice or other documentation, and:
(a)if there is more than one Client, is a reference to each Client jointly and severally; and
(b)if the Client is a part of a Trust, shall be bound in their capacity as a trustee; and
(c)includes the Clients executors, administrators, successors and permitted assigns.
1.3 “Confidential Information” means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this Contract, either party’s intellectual property, operational information, know-how, trade secrets, financial and commercial affairs, contracts, client information (including but not limited to, “Personal Information” such as: name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history) and pricing details.
1.4 “Goods” means all Goods or Services supplied by CCA to the Client at the Clients request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).
1.5 “Price” means the Price payable (plus any GST where applicable) for the Goods and or Services as agreed between CCA and the Client in accordance with clause 3 below.
1.6 “GST” means Goods and Services Tax (GST) as defined within the “A New Tax System (Goods and Services Tax) Act 1999”.
1.7 “Credit Management” shall mean any advice or recommendations given to the Client on the assessment, management, and enforcement of credit given by a Client to a Debtor.
1.8 “Debt Load” shall mean the debts loaded via CCA’s Debt Load Webpage supplied by CCA to the Client for the purposes of lodging Debts to be collected on the Clients behalf by CCA.
1.9 “PPSA Registrations shall mean PPSA Registrations loaded via CCA’s PPSA Registration Webpage by CCA to the Client for the purposes of loading a security interest on the Personal Property Securities Register (PPSR).
1.10 “Debtor” shall mean the person, company, partnership, trust, organisation or any other entity that owes a Debt to the Client.
1.11 “Debt” shall mean any money that is owed to the Client by the Debtor.
1.12 “Contra Deal” shall mean a barter or set-off arrangement as agreed in writing between two or more parties, for the payment or settlement of any Debt.
1.13 “Commission” shall mean the fee charged by CCA for the Services undertaken in recovering a Debt.
2. Acceptance
2.1 The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client places an order for or accepts delivery of the Goods and or Services.
2.2 These terms and conditions may only be amended with the consent of both parties in writing and shall prevail to the extent of any inconsistency with any other document or contract between the Client and CCA.
2.3 These terms and conditions are meant to be read in conjunction with CCA’s Website Terms of Use Terms and Conditions of Trade (where applicable). If there are any inconsistencies between the two documents, then the terms and conditions contained in this document shall prevail.
2.3 Any advice, recommendation, information, assistance or service provided by CCA in relation to Goods and Services supplied is given in good faith, is based on CCA’s own knowledge and experience and shall be accepted without liability on the part of CCA and it shall be the responsibility of the Client to confirm the accuracy and reliability of the same in light of the use to which the Client makes or intends to make of the Goods or Services
2.4 CCA is appointed as a commercial agent and the Client’s agent when instructed to collect outstanding debts on behalf of the Client by undertaking CCA’s usual collection process as outlined in CCA’s “Client Manual” from time to time. Such appointment shall be ongoing until cancelled by the Client giving CCA not less than ninety (90) days’ notice in writing.
2.5 The Client shall issue debt recovery instructions to CCA completing the online Webpage on CCAs website, or any other method as agreed to between CCA and the Client. The Client acknowledges and agrees that upon completing these Debt recovery instructions, the Client is also instructing CCA to commence legal action (at CCA’s sole discretion) if CCA sees fit to do so. In the event any charges are involved in commencing legal action, all charges will be required to be prior approved by the Client.
2.6 None of CCA’s agents or representatives are authorised to make any representations, statements, conditions or agreements not expressed by Management of CCA in writing nor is CCA bound by any such unauthorised statements.
2.7 The Client warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow them to do so. The Client is not insolvent and that this agreement creates a binding and valid legal obligation on them, to meet all of their debts as and when they fall due.
2.8 The Client acknowledges that overpayments made by the Debtor to CCA for the repayment of a Debt owed to the Client, shall be returned to the Client by CCA and it shall be the Client’s responsibility to deal with such monies as is appropriate and/or required by law.
2.9 Where CCA has been provided with an email address from the Client for e-communications, both parties agree to fully comply with all current requirements by law pertaining to electronic messaging.
2.10 Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 9 of the Electronic Transactions Act 2000 (NSW & SA), the Electronic Transactions Act 2001 (ACT), the Electronic Transactions (Victoria) Act 2000, the Electronic Transactions Act 2003 (WA), the Electronic Transactions (Northern Territory) Act 2000, Section 14 of the Electronic Transactions (Queensland) Act 2001, Section 7 of the Electronic Transactions Act 2000 (TAS), (whichever is applicable), or any other applicable provisions of that Act or any Regulations referred to in that Act.
3. Pricing
3.1 Prices quoted for the supply of goods and services exclude GST and any other taxes or duties imposed on or in relation to the goods and or services. Any such GST and other taxes or duties are additionally at the Clients account.
3.2 At CCA’s sole discretion, the Price shall be either:
(a)as indicated on any invoice provided by CCA to the Client; or
(b)CCA’s quoted price (subject to clause 3.3) which will be valid for the period stated in the quotation or otherwise for a period of fourteen (14) days.
3.3 If the Client requests any variation to the Agreement, CCA may increase the price to account for the variation.
3.4 Where there is any change in the costs incurred by CCA in relation to goods or services, CCA may vary its price to take into account of any such change, by notifying the Client.
3.5 At CCA’s sole discretion, a non-refundable deposit may be required.
4. Payment
4.1 The time for payment for the Goods or Services is of the essence.
4.2 The Price will be payable by the Client on the date/s determined by CCA, which may be:
(a)on delivery of the Goods or Services;
(b)by way of installments/progress payments in accordance with CCA’s payment schedule;
(c)within fourteen (7) days in which a statement is posted to the Clients address or address for notices;
(d)the date specified on any invoice or other form as being the date for payment; or
(e)failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by CCA.
4.3 Payment may be made by cheque, bank cheque, credit card, cash, electronic/on-line banking, or by any other method as agreed to between the Client and CCA.
4.4 Payment by cheque is not deemed made until the proceeds of the cheque have cleared.
4.5 Payment made by credit card will incur a 2% surcharge.
4.6 The Buyer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by CCA nor to withhold payment of any invoice because part of that invoice is in dispute.
4.7 Prices quoted for supply of goods & services exclude GST and any other taxes or duties imposed on or in relation to the goods & services. In addition to the Price the Client must pay to CCA an amount equal to any GST CCA must pay for any Goods or Services supplied by CCA under this or any other contract for the sale of Goods or Services. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
4.8 Payment terms may be revoked or amended at CCA’s sole discretion, immediately upon giving the Client written notice.
5. Collateral & Assignment
5.1 The Client hereby charges all its right, title and interest in the property or properties referred to in the Client’s Credit Application Client Information Form and also any property or properties that it owns currently or may acquire in the future solely or jointly or have or become to have a beneficial interest in, in favour of CCA, with the due and punctual observance and performance of all the obligations of the Client. The Client indemnifies CCA against all expenses and legal costs (on a solicitor/own client basis) for preparing, lodging and removing any caveat.
5.2 The Client hereby acknowledges that CCA may at its discretion register and lodge a caveat(s) on such property or properties in respect of the interests conferred on it under clause 5.1. Such registration of a caveat by CCA over the Client’s property or properties must not be challenged by the Client in any way whatsoever, and the Client agrees not to take any steps in filing a “lapsing notice” via the Land Titles Office to have the caveat removed, until such time that the Client has paid all monies owing by it to CCA as claimed from time to time.
6. Personal Property Securities Act 2009 (“PPSA”)
6.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.
6.2 Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Goods and/or collateral (account) – being a monetary obligation of the Client to CCA for Services – that have previously been supplied and that will be supplied in the future by CCA to the Client.
6.3 The Client undertakes to:
(a)promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which CCA may reasonably require to;
(i)register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
(ii)register any other document required to be registered by the PPSA; or
(iii)correct a defect in a statement referred to in clause 8.3(a)(i) or 8.3(a)(ii);
(b)indemnify, and upon demand reimburse, CCA for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Goods charged thereby;
(c)not register a financing change statement in respect of a security interest without the prior written consent of CCA;
(d)not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods and/or collateral (account) in favour of a third party without the prior written consent of CCA;
(e)immediately advise CCA of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.
6.4 CCA and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
6.5 The Client waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
6.6 The Client waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
6.7 Unless otherwise agreed to in writing by CCA, the Client waives their right to receive a verification statement in accordance with section 157 of the PPSA.
6.8 The Client must unconditionally ratify any actions taken by CCA under clauses 8.3 to 8.5.
6.9 Subject to any express provisions to the contrary (including those contained in this clause 8) nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.
7. Commission.
7.1 Commission is due on every dollar recovered in payment of a Debt and is calculated as follows:
15% plus GST On All Debtor Payments thereafter,
7.2 Irrespective of whether collection costs have been recovered (or even added to the amount submitted for collection), and irrespective of any action taken by the Client after submission of the Debt for recovery of the Debt, Commission is due when:
(a)payment or part payment of a Debt is received by the Client or CCA, or
(b)an arrangement for payment of a Debt is made by the Client, to any representative of the Client, or CCA; or
(c)the Client has agreed to credits, or the return of product/goods, or any other matter acceptable to the Client, or
(d)a recovery, location of unallocated payment, or settlement agreement (including, but not limited to Contra Deals) is made through any other means where (in CCA’s opinion) commission is due, or
(e)payment or part payment of a Debt is received by the Client or CCA, subsequent to the file being closed under written advice, or
(f)payment or part payment of a Debt is received by the Client or CCA as a result of any litigation process undertaken, regardless of whether the applicant is the Client or the Debtor, where associated costs are acknowledged and awarded by the Court as part of the sum owed by the Debtor to the Client and this amount is paid; or
(g)payment or part payment of a Debt is received by the Client or CCA as a result of any litigation process undertaken by the Debtor.
7.3 In the event that the Client has (in CCA’s opinion) recovered a Debt by taking action through the appropriate court (using a third-party external law firm not associated as a contracting partner of CCA) at the cessation of CCA’s collection process, then Commission shall not apply.
7.4 CCA may deduct its respective Commission fees, or any other monies owed by the Client to CCA (plus GST), out of any monies collected on behalf of the Client.
7.5 The Client shall upon receiving payment for a Debt from a Debtor (or any third party) immediately notify CCA of the Debtor’s (or the third parties) payment. This can be done by phone, fax, e-mail, post, or via CCA’s website.
7.6 In the event of a liquidator exercising their legal right to claw back any funds considered preferential payments from the Client, and where CCA has recovered the forgoing funds on the Client’s behalf, the Client acknowledges and accepts that any commission paid in connection to that recovered Debt, will not, in any event, be refundable.
8. Client Warranty
8.1 The Client warrants that the amount claimed for collection does not include any debt collection or default costs. If debt collection or default costs are sought, they must be:
(a)separately identified.
(b)properly recoverable by reason of notification to the Debtor at the time of supply/sale and have been invoiced to the Debtor.
8.2 The Client acknowledges and agrees that by submitting any Debts to CCA, the Client warrants that no bona fide dispute exists in respect of the debt loaded via the Debt Load Webpage, and the Client further indemnifies CCA against any claims arising from any action taken by CCA on the Client’s behalf.
8.3 The Client indemnifies CCA against any penalty or liability incurred by CCA for any breach of the above warranties.
8.4 Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the Competition and Consumer Act 2010 or any of the Fair Trading Acts of each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable (including any substitute to those Acts or re-enactment thereof).
9. Intellectual Property
9.1 Any intellectual property rights contained in the design or manufacture of any Goods or Services remain with CCA. Notwithstanding this, CCA grants the Client a non-exclusive and non-transferable licence, allowing the Client to reproduce in full, any Terms of Trade documentation that CCA has supplied the Client (including CCA’s Copyright notice), for the purpose of providing it to the Client’s customers, as part of the credit management of the Client’s business. The Client shall only grant their customer the right to retain a copy as a record of the dealings between the Client and their customer. Except as allowed herein the Client agrees not to supply CCA’s documentation to any person or entity for any purpose whatsoever, without the prior written consent of CCA.
9.2 The Client warrants that the Client holds all necessary intellectual property rights in any document or material, (including, but not limited to, terms and conditions of trade), that are supplied to CCA for its provision of Goods and Services and that there is or will be no infringement of any rights or entitlements held by any third party.
9.3 The Client indemnifies and holds harmless CCA for any claims made against it arising from CCA’s use of any document, material or information supplied by the Client.
9.4 The Client agrees that CCA may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs, drawings or Goods which CCA has created for the Client.
10. Disclaimer
10.1 The Client hereby disclaims any right to rescind or cancel the contract or to sue for damages or to claim restitution arising out of any inadvertent misrepresentation made to the Client.
10.2 Any Credit Management advice, recommendation, information, assistance, or Service provided by CCA in relation to Goods and/or Services sold by CCA (or for their use or application) is given in good faith and is believed by CCA to be appropriate and reliable. However, any advice, recommendation, information, assistance or Service provided by CCA in relation to any Goods and/or Services supplied by CCA is provided without liability or responsibility on the part of CCA.
10.3 CCA also makes no express or implied warranty or statement and expressly negates any implied or expressed warranty (other than as may be imposed by statute) that the Goods and/or Services will be suitable for a particular purpose or end use for which the Client may use them.
10.4 The Client accepts all risk and responsibility for consequences arising from the use of Goods and/or Services, whether singularly or in combination with other products. CCA shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by CCA of these terms and conditions (alternatively CCA’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods and/or Services).
10.5 Whilst every care is taken by CCA in drafting Terms of Trade for the Client, CCA’s liability shall be limited to the Price of the Terms of Trade.
11. Default and Consequences of Default
11.1 If the Client defaults in payment by the due date of any amount payable to CCA, then all money which would become payable by the Client to CCA at a later date on any account, becomes immediately due and payable without the requirement of any notice to the Client, and CCA may, without prejudice to any of its other accrued or contingent rights:
(a)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 CCA’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment;
(b)charge the Client a late payment administration fee equal to 10% of the invoice to a maximum of $400 plus GST;
(c)charge the Client for, and the Client must indemnify CCA from, all costs and expenses (including without limitation all legal costs and expenses) incurred by it resulting from the default or in taking action to enforce compliance with the Agreement or to recover any goods;
(d)cease or suspend supply of any further goods or services to the Client;
(e)by written notice to the Client, terminate any uncompleted contract with the Client.
11.2 Clauses 12.1(d) and 12.1(e) may also be relied upon, at CCAs option:
(a)where the Client is a natural person and becomes bankrupt or enters into any scheme of arrangement or any assignment or composition with or for the benefit of his or her creditors or any class of his or her creditors generally; or
(b)where the Client is a corporation and, it enters into any scheme of arrangement or any assignment or composition with or for the benefit of its creditors or any class of its creditors generally, or has a liquidator, administrator, receiver or manager or similar functionary appointed in respect of its assets, or any action is taken for, or with the view to, the liquidation (including provisional liquidation), winding up or dissolution without winding up of the Client.
12. Cancellation
12.1 Without prejudice to any other remedies CCA may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions CCA may suspend or terminate the supply of Goods to the Client. CCA will not be liable to the Client for any loss or damage the Client suffers because CCA has exercised its rights under this clause.
12.2 CCA may cancel any contract to which these terms and conditions apply or cancel delivery of Goods or Services at any time before the Goods or Services are delivered by giving written notice to the Client. On giving such notice CCA shall repay to the Client any money paid by the Client for the Goods. CCA shall not be liable for any loss or damage whatsoever arising from such cancellation.
12.3 In the event that the Client cancels delivery of Goods or Services the Client shall be liable for any and all loss incurred (whether direct or indirect) by CCA as a direct result of the cancellation (including, but not limited to, any loss of profits) uo to the time of, or as a result of the cancellation, notwithstanding that at CCA’s sole decretion:
(a) Terms of Trade cancellation will be subject to a fee:
(i) no fee will apply where notification to CCA is received via email to termsoftrade@collectionconsultancy.com.au provided said cancellation is received within the cooling-off period of two (2) business days; or
(ii) after the cooling-off period, fifty percent (50%) of the Contract Price shall be due and payable, where work has commenced; and
(iii) where draft documentation is completed and sent to the Client, the full Contract Price is due and payable.
(b)Debt Collection cancellation requests, after the provision of the Services have commenced, will be subject to Commission, where:
(i)the Debts have been loaded and acknowledged by CCA and no prior written notice has been received; or
(ii)the Debts have been loaded and then it is established that the Client or a representative of the Client (including but not limited to, any other collection agency) has subsequently contracted, without prior written notice directly with the Debtor and a payment is received and/or a payment arrangement is entered into then the Commission that CCA would have otherwise been entitled to under the original contract will be due in accordance with clause 7.
13. Privacy
13.1 All emails, documents, images or other recorded information held or used by the Contractor is Personal Information, as defined and referred to in clause 13.2, and therefore considered Confidential Information. The Contractor acknowledges its obligation in relation to the handling, use, disclosure and processing of Personal Information pursuant to the Privacy Act 1988 (“the Act”) including the Part IIIC of the Act being Privacy Amendment (Notifiable Data Breaches) Act 2017 (NDB) and any statutory requirements, where relevant in a European Economic Area (“EEA”), under the EU Data Privacy Laws (including the General Data Protection Regulation “GDPR”) (collectively, “EU Data Privacy Laws”). The Contractor acknowledges that in the event it becomes aware of any data breaches and/or disclosure of the Clients Personal Information, held by the Contractor that may result in serious harm to the Client, the Contractor will notify the Client in accordance with the Act and/or the GDPR. Any release of such Personal Information must be in accordance with the Act and the GDPR (where relevant) and must be approved by the Client by written consent, unless subject to an operation of law.
13.2 The Client agrees for CCA to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name, address, D.O.B, occupation, previous credit applications, credit history) about the Client in relation to credit provided by CCA.
13.3 The Client agrees that CCA may exchange information about the Client with those credit providers and with related body corporates 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 including the Client’s repayment history in the preceding two (2) years.
13.4 The Client consents to CCA being given a consumer credit report to collect overdue payment on commercial credit.
13.5 The Client agrees that personal credit information provided may be used and retained by CCA for the following purposes (and for other agreed purposes or required by):
(a)the provision of Goods; and/or
(b)analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Goods; and/or
(c)processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or
(d)enabling the collection of amounts outstanding in relation to the Goods.
13.6 CCA may give information about the Client to a CRB for the following purposes:
(a)to obtain a consumer credit report; allow the CRB to create or maintain a credit information file about the Client including credit history.
13.7 The information given to the CRB may include:
(a)personal information as outlined in 14.1 above;
(b)name of the credit provider and that CCA is a current credit provider to the Client;
(c)whether the credit provider is a licensee;
(d)type of consumer credit;
(e)details concerning the Client’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested);
(f)advice of consumer credit defaults, overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that the Client no longer has any overdue accounts and CCA has been paid or otherwise discharged and all details surrounding that discharge (e.g. dates of payments);
(g)information that, in the opinion of CCA, the Client has committed a serious credit infringement;
(h)advice that the amount of the Client’s overdue payment is equal to or more than one hundred and fifty dollars ($150).
13.8 The Client shall have the right to request (by e-mail) from CCA:
(a)a copy of the information about the Client retained by CCA and the right to request that CCA correct any incorrect information; and
(b)that CCA does not disclose any personal information about the Client for the purpose of direct marketing.
13.9 CCA will destroy personal information upon the Client’s request (by e-mail) or if it is no longer required unless it is required in order to fulfill the obligations of this contract or is required to be maintained and/or stored in accordance with the law.
13.10 The Client can make a privacy complaint by contacting CCA via e-mail. CCA will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In the event that the Client is not satisfied with the resolution provided, the Client can make a complaint to the Information Commissioner at www.oaic.gov.au.
14. General
14.1 The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
14.2 These terms and conditions and any contract to which they apply shall be governed by the laws of New South Wales, the state in which CCA has its principal place of business and are subject to the jurisdiction of the courts in Sydney.
14.3 Subject to clause 12, CCA shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by CCA of these terms and conditions (alternatively CCA’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods).
14.4 The Client indemnifies CCA and agrees that CCA shall not be a party to, and/or liable for, any action brought against the Client or CCA by a Debtor in relation to any Debt that the Client has given to CCA for collection.
14.5 These terms and conditions are to be read in conjunction with CCA’s “Client Manual”, PPSA Conditions of Registration, and Conditions of Debt Load. If there are any inconsistencies between these documents, then the terms and conditions of trade contained in this document shall prevail.
14.6 Any monies held in CCA’s trust account shall be done so on a noninterest bearing basis. The Client shall have no claim on any interest earned on any monies deposited by CCA.
14.7 The Client agrees that CCA may amend these terms and conditions by notifying the Client in writing. These changes shall be deemed to take effect from the date on which the Client accepts such changes, or otherwise at such time as the Client makes a further request for CCA to provide Goods to the Client.
14.8 Both parties warrant that they have the power to enter into this contract and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this contract creates binding and valid legal obligations on them.