Here's what you need to know.
Dunnly’s terms and conditions (“Terms of service”) govern your access to and use of Dunnly Services, management tools, software, applications, account management tools (collectively “Services”), and any and information, text, graphics, photos or other materials uploaded, downloaded, or used by the Services (collectively “Content”). By accessing and using the Services, you are agreeing to be bound by these Terms of Service. If you do not agree to be bound by these Terms of Service, you are not allowed to use the Services. Wherever used in these Terms of Service, “you”, “your” or similar terms mean the company, person or legal entity utilizing or accessing the Services.
Dunnly.com (hereafter referred as to “Dunnly”) shall undertake the collection of undisputed debts out of court through its subsidiaries, and is empowered by the creditor or any other third party acting on behalf of the creditor (hereafter referred as to the “Client”) to make use of other debt collection agencies.
Debt Collection activities shall be initiated against a particular debtor after the Client has placed an online order placed via http://app.dunnly.com (hereafter referred as to “Dunnly App”) and require no additional signed order.Prior acceptance of the General Terms and Conditions for Debt Collection by the customer is required.
The signatory or person who submits a Debt Collection order hereby declares that he/she is properly authorised by the Client to do so, and agrees to be liable for any fee or other costs resulting from placement of this order.
Debt Collection activities shall end with the successful collection of the debt or with the negative closing of the case. “Successful” shall be defined as total or partial collection of the debt. “Partially collected” shall mean that no further payments will be made by the debtor.“Negative closing” shall mean that the debt could not be collected.
The Client hereby authorises Dunnly to undertakeon his/her behalf the actions referred to in Clause 2 and also authorises Dunnly to entitle its subsidiaries to act on behalf of the
Client. Dunnly or one of its subsidiaries also reserves the right to authorise other debt collection agencies to act on behalf of the client.
Dunnly reserves the right to cancel or reject Debt Collection order at any time without providing a reason and without penalty or compensation.
Dunnly and its subsidiaries shall comply with all regulations, ordinances, or laws governing Debt Collection in the countries the services are carried out.
On separate request by the Client, the subsidiaries of Dunnly will provide:
(1) legal advice on further debt collection steps
(2) recommendation for an external or in-house attorney to arrange debt collection proceedings in-court Any additional costs related thereto are not covered by standard Dunnly fees.
Unless otherwise agreed, the standard Dunnly conditions shall apply.
The fees set forth in any of the sources are exclusive of VAT.
In the event of partial payment, Dunnly or the subsidiary in charge of Debt Collection is entitled to submit a partial invoice.
In case payments are effected by the debtor to the account of Dunnly or one of its subsidiaries any fee may be deducted therefrom.
The fee shall be invoiced directly by Dunnly.
Country-specific VAT regulations may lead to differences in the amount of VAT charged.
The payment conditions granted to the Client may differ for each subsidiary.
Dunnly shall charge the following fees for its services:
(1) In the event of successful Debt Collection, a success fee shall be paid to the subsidiary in charge. This fee (plus VAT) is payable without deduction for any set-off or counterclaim as soon as the Dunnly subsidiary or Client has received payment of the debt,following the placement of an order by the Client pursuant to the If the debt is not paid in full in the form of a lumpsum
payment, the Client shall pay Dunnly a proportion of the fee (plus VAT) equal to the percentage of the debt paid, as soon as any partial payment is received. Dunnly shall also be entitled to a success fee if the debt is settled by the delivery of goods, returned shipments or services..
If the Client should ask Dunnly to take further measures, which can be summarised under additional Debt Collection services and which are not connected with services provided under the conditions of in-court Debt Collection,any additional costs will be charged to the Client.
The Client and – in the event the Client is not the creditor – the creditor shall have the right including, but not limited to reduction of the claim amount, offset or deferral of the claim against the debtor. In this case, and in the event of a successful collection the Client shall pay a success fee based on the total amount of the claim.
The Client shall inform the Dunnly subsidiary in charge of Debt Collection of all contacts with the Debtor, any offers or payments, and any changes in the information provided to Dunnly when the order was placed.
If the Client does not observe the above provision and the activities of Dunnly therefore become ineffective and impractical, Dunnly is entitled to close the Debt Collection file and charge 50% of the success fee calculated on the basis of the total amount of the claim.
The respective subsidiary of Dunnly is also entitled to invoice the success fee if the Client receives payments,property other valuable rights or services in exchange for the debt after the subsidiary has established direct contact with the debtor.
You may terminate an order within 24 hours after order-placement.If the debt is paid within this period , the Client is not required to pay a fee.
With the placement of a collection order, the Client expressly acknowledges his/her compliance with the provisions of the United States Protection Act for the processing and transfer of data and also agrees to the corresponding processing and communication of data by Dunnly or one of its subsidiaries. The communication of data is part of the business activities of Dunnly.
Dunnly shall handle all claims in accordance with the directives of the Clients and in full consideration of his/her interests. Due to the special risks associated with Debt Collection, liability for all orders placed with Dunnly or with one of its subsidiaries
(1) is restricted to the fee charged by Dunnly in the event of ordinary negligence, and
(2) is excluded with respect to agents not directly employed by Dunnly or one of its subsidiaries. These agents may be :
a) employees of debt collection agencies, who have been commissioned by Dunnly or one of its subsidiaries to proceed with Debt Collection, or
b) persons authorised directly by the Client – and who are not employees of Dunnly or one of its subsidiaries to proceed on a debt collection case that has been received and accepted by Dunnly.
This regulation shall also remain valid if the Client appoints a person to collect the debt after Dunnly or one of its subsidiaries has received and accepted an order.
The Client may not submit or assign any claim for Debt Collection to any third party, which was previously submitted or assigned to dunnly or one of its subsidiaries, unless this order has been withdrawn or expired so as not to endanger collection of the Client’s debt.
If the Client fails to observe the provisions set forth.Dunnly or the subsidiary in charge of Debt Collection is entitled to terminate the order and/or to charge 100% of of the success fee calculated on the basis of the total amount of the claim.
Out-of-Court Debt Collection Services (hereafter referred as to “Debt Collection”) cover the following activities:
(1) demand for payment,
(2) negotiation of payment conditions,
(3) supervision of instalment plans,
(4) investigation of the debtor’s credit standing,
(5) acceptance and handling of payments on behalf of the Client to the extent this is not prohibited by law in the country in which the respective subsidiary of Dunnly is located, and
(6) other appropriate measures.
Should Dunnly or one of its subsidiaries believe it would be in the best interest of the Client and/or the creditor – in the event the Client is not the creditor – to take measures or to settle in a way different from the terms underlying the debt,it may do so by:
(1) reducing the amount of principal,
(2) allowing a grace period or instalment payments by the debtor,provided this term exceeds three months after the acceptance of the relevant debt collection order,
(3) satisfying payment obligations with other goods or
(4) other similar measures, Dunnly or the acting subsidiary shall obtain prior written approval from the Client.
If the Client orders collection services for a debt that has been paid before the date of assignment and Dunnly can submit evidence thereof to the Client, Dunnly is entitled to a success fee equal to 25% of the amount due.