Terms and Conditions

  1. COLLECTaDEBTpro
    1. COLLECTaDEBTpro, SpyHawk Investigations, Themis Recoveries and Themis Investigations are trading styles of Themis Global Limited, which is a company registered in England & Wales under the Companies Acts with number 09641323. Any reference to “COLLECTaDEBTpro“, “SpyHawk Investigations”, “Themis Recoveries”, “Themis Investigations”, “us” or “we”, whether in this or any other document or communication from us, is to Themis Global Limited. All contracts entered into in relation to our business are entered into or are given by Themis Global Limited only.
    2. All contracts and/or obligations entered into or advice given in relation to our business by directors, employees or consultants of COLLECTaDEBTpro are entered into or given by Themis Global Limited and not those individuals personally.
    3. COLLECTaDEBTpro may assign our rights and/or our obligations under our agreement with you to any business which is a successor to our business or any part of it.
    4. We will sub-contract legal services to our preferred partner(s) if instructed as part of your set price solution. All charges payable by you in respect of such sub-contracted solutions will be made directly to our partner.
    5. COLLECTaDEBTpro.com is owned and operated by Themis Global Limited. COLLECTaDEBTpro is a trading brand of Themis Global Limited, Company Number 9641323. Registered Office 3rd Floor, 120 Baker Street, London, W1U 6TU. Themis Global Limited is authorised and regulated by the Financial Conduct Authority under registration number 726702. You can confirm our registration on the Financial Conduct Authority’s website www.fca.org.uk or by contacting the Financial Conduct Authority on 0800 111 6768.
  2. Our fees and expenses
    1. Our flat fee packages are clearly set out under each debt recovery solution and are advertised net of Value Added Tax. No further fees, commissions or disbursements will be payable unless you decide to proceed with legal action. In this case, your authority to litigate will be sought and our set fee legal process payment will be authorised before proceeding.
    2. All fees must be paid prior to the commencement of any service provided. Our solutions are usually delivered in-house, with the exception of legal services, which are sub-contracted to our preferred partner(s) as described in clause 1.4.
    3. All pricing information provided by us, and all references in this document to fees, disbursements and other amounts where applicable are exclusive of Value Added Tax unless expressly stated otherwise. Our VAT number is 215252834.
  3. Payment of our Services
    1. Our standard payment method is Debit/Credit Card. In the event that this method is not available, we may accept payment by bank transfer, however our service will only commence once the payment has been received and cleared in full.
    2. Unlike many companies, we are committed to absorbing the full cost of debit and credit card payment processing to ensure our set fee packages are clear and transparent, however, as these charges are outside of our control, we reserve the right to review this process in the future.
    3. Payment for additional services, such as litigation, will be displayed as a transparent additional fee. Services will not commence until the solution has been selected and the fees have been paid in accordance with clause 3.1.
  4. Monies we hold on your behalf
    1. Whilst we do not expect to receive any payments from your customers, we will not bank the transaction if one is received and where possible, we will forward you the payment instruction within a reasonable time frame. This will ensure that the customer’s account is accurate and as up to date as possible. Should we need to bank any funds on your behalf, no interest is redeemable by you in relation to us holding these funds.
  5. Litigation Costs
    1. The fee for our set price litigation package covers all activity up to and including the issue of a claim and is paid in advance. Additional activity such as enforcement or defence, if required, can accrue supplementary costs and fees as explained within our legal partner(s) terms and conditions.
  6. Compliance Activities
    1. Although we are unlikely to hold any of your monies, we are required by anti-money laundering legislation to report to the relevant authorities any suspicion or knowledge that a client’s funds (or any funds provided for or on behalf of a client) derive from the proceeds of crime. You agree that if this is the case, and we need to suspend any further activity on your behalf, that we will not be held accountable for any adverse consequences experienced by you as a result of our compliance with laws and regulations.
  7. Bankruptcy and IVA
    1. If you are an individual and not acting on behalf of a limited company, you must inform us immediately if you are, or have ever been declared bankrupt. There are implications if you choose to commence legal activity as a service of COLLECTaDEBTpro. There are restrictions within this recovery activity and the legal obligations imposed are serious.
    2. You can still instruct our debt collection processes if you have been declared bankrupt, however if you decide to select legal proceedings, a claim cannot be issued in your name unless your Trustee in Bankruptcy has granted a Deed of Assignment allowing you to do this before the claim is issued. If no Deed of Assignment is granted then any proceedings issued in your name will be void and you could be responsible for all the legal costs of the Defendant.
    3. If you are the subject of an Individual Voluntary Arrangement then this may also affect any claim and again you must inform us of that fact immediately.
  8. General Data Protection Regulations (GDPR)
    1. To provide our debt collection services, we will need to record and maintain certain information about your business to create your account. These details will usually be held in electronic form. We may use all information we hold about you for the purpose of providing our services and we will maintain the records that we must keep by law or under regulatory requirements.
    2. Our business is an online solution and as such you agree that we will communicate with you using electronic means. Appropriate security measures are in force to protect data, but certain risks will be associated with the electronic method such as interception or unauthorised access.
    3. From time to time, we may share information with other entities which directly or indirectly control, are controlled by, or are under direct or indirect common control with Themis Global Limited or entities with which we are associated. We may also share information with our preferred legal partner(s) or credit reference agencies and other associated trace solutions where this is necessary. In doing so we will maintain confidentiality.
    4. Themis Global Limited may provide additional services to other markets. We may use non-sensitive information that we hold about you for marketing purposes and also send you information periodically on new or existing services provided by Themis Global Limited or any of its trading styles. Marketing may include promotions and discount codes on solutions that you are already receiving from COLLECTaDEBTpro. If you do not wish to receive any of this marketing material please opt out during registration or contact Themis Global Limited through your COLLECTaDEBTpro account.
    5. We pass our client information to third parties where it is required to carry out the work for which you have instructed us, such as commencement of tracing or legal activity through our preferred partner(s) and where we have to disclose information to third parties because of our legal or regulatory obligations or to prevent fraud or money laundering.
    6. Any third party to whom we disclose information about you as described in clause 8.5 will be under the same obligation to keep your information secure and not to use it for any other purpose than that for which it was obtained.
    7. Where you are acting as a representative of another person, you agree to advise that person that their personal information will be dealt with on these terms, as if each reference to “you” or “your” in this section includes a reference to that person. Unless you inform us otherwise, by disclosing any personal information to us about a person you are representing, we will assume that you have obtained consent to enable the use of such information on these terms.
    8. Under the right to access within GDPR, you are entitled to a copy of any information we hold about you. If you would like to obtain this information please contact us through your COLLECTaDEBTpro account with a request for the data you require. We will provide the requested information within one month, although should this not be possible (E.G. the request is particularly complex), we may extend our response by two months. If we need this extra time, we will inform you within one month.
  9. Retention and Storage of Documents
    1. There are certain reasons why we have to keep hold of the information you supply us. Please refer to our Privacy Policy for full details. We will only keep data for as long as it is needed. The length of retention depends on the type of information and purpose the data was supplied for.
    2. We will retain your data (E.G. contact details) for as long as you are a customer and for up to six years afterwards. Information capable of identifying your customers will be anonymised 180 days after completion of our solution and then permanently deleted after another 180 days (360 days in total). Some basic, non-sensitive information will be retained for longer (usually six years) for regulatory, auditing, reporting and statistical reasons.
    3. 3rd parties who process information on behalf of COLLECTaDEBTpro must have processes in place to ensure that they adhere to this policy.
  10. Equality and Diversity
    1. We promote equality and diversity in all our activities with our clients, third parties and employees. We will attempt to make reasonable adjustments to our services and online functionality to assist clients.
  11. Professional Indemnity Insurance
    1. Themis Global Limited maintains Professional Indemnity Insurance cover which provides clients with significant protection.
  12. Complaints Procedure
    1. In the event that you wish to make a complaint about any of our services, we will investigate and strive where possible to improve the functionality, process and procedures to resolve the said complaint. We will adhere to our complaints procedure which can be viewed here.
  13. Limitations on our Liability to you
    1. COLLECTaDEBTpro take no liability for the accuracy of the data you import. Examples (non-exhaustive) are:
      - Incorrect value and/or validity of outstanding debt
      - Spelling accuracy
      - Customer personal details
      - Client personal details
      - Phone numbers
      - Email addresses
    2. We accept instructions from you on the basis that services provided by COLLECTaDEBTpro are solely for your benefit and we do not assume any liability to any person other than you, should we give you any advice. Unless we indicate otherwise in writing, we assume no responsibility or liability (including liability for fees) in relation to the acts or omissions of, or advice given by, any experts, legal partner(s), consultant’s, officers or other advisers engaged in relation to any matter connected with your instructions to us.
    3. No person who is not party to the agreement embodied in these standard terms and conditions shall, in the absence of express provision to the contrary, have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms, but this does not affect any right or remedy of a third party which exists or is available other than under that Act.
    4. You shall not bring any claim against any of our directors, officers, employees or consultants in his or her personal capacity in connection with the advice we give you save in circumstances of fraud by a member, officer, employee or consultant. We shall not seek to avoid any liability to you on the grounds that the relevant claim should be brought against one or more of our members, employees, officers or consultants and not Themis Global Limited.
    5. COLLECTaDEBTpro shall not be liable for any delay in performing or failure to perform any of our obligations as set out within our solutions, if such delay or failure results from events or circumstances outside our control, including, without limitation, transport or communications failure; the consequences of a terrorist attack; failure of our computer systems; or damage to our premises or storage facilities by explosion, fire, corrosion, flood, natural disaster, malicious or negligent act or accident.
    6. In connection with these instructions COLLECTaDEBTpro shall not be liable to you for any indirect or consequential loss or damage (including loss of profits) suffered by you or any other person.
    7. COLLECTaDEBTpro's liability to you shall be reduced, taking into account any contributory negligence on your part, such as incorrect information uploaded into our system.
    8. Our liability shall not be limited by anything set out in these terms and conditions in relation to death or personal injury or in circumstances of fraud or reckless disregard of professional obligations.
    9. It is your responsibility to ensure that further activity is ceased, as described in clause 14, as soon as you are reasonably aware of a query, payment, arrangement or any other reason for which continued activity may cause unnecessary distress, alarm or humiliation to your customer.
  14. Cease Instruction
    1. You may cease our activity at any time utilising the functionality on your online account, by allocating a ‘stop’ code to the relevant account.
    2. Unused activity on purchased packages is non refundable.
    3. We may decide to stop acting for you only with good reason, for example if a conflict of interests arises which prevents us from continuing to act. We will give you reasonable notice if we intend to stop acting on your behalf.
  15. General
    1. By registering and using our services you are agreeing to be bound by these standard terms and conditions. These set out our terms of business governing the services we provide. These terms of business cannot be amended except with our written agreement or as provided in these terms of business.
    2. Unless we notify you otherwise, these standard terms and conditions shall apply to any future instructions you give us.
    3. These standard terms and conditions and any other terms we may agree with you are governed by English Law and any dispute relating to them shall be subject to the exclusive jurisdiction of the English Courts. These terms and any future communication are provided to you in English.
    4. You agree the data entered in order for us to perform our services is accurate and up-to-date to your best of your knowledge. You also agree to fully indemnify Themis Global Limited and all of its directors, employees, officers, consultants, experts and agents against any actions brought due to any data supplied regardless of its accuracy.
    5. You must ensure the debt owed is valid and accurate based on a legitimate service / product supplied in accordance to your agreement with your customer and applicable for recovery in the relevant jurisdiction.
    6. You agree that you are the data controller of your customer's information and have identified an appropriate legal basis (where required) that allows you to pass their data to COLLECTaDEBTpro to process.
    7. You confirm that in order to apply statutory late payment fees and interest to overdue business invoices, as detailed under late payment legislation for goods and services supplied, you have not already added, nor do you have, differing late payment provisions within your own terms and conditions. You also confirm that you have invoiced the customer and the payment is late.
    8. You confirm that in order to apply late payment fees and interest to overdue consumer invoices for goods and services supplied, your own terms and conditions allow you to apply reasonable fees to cover the cost of collection and that these fees are not limited to less than twenty pounds, nor is the per annum interest rate restricted to lower than 3% above the Bank of England base rate and that these have not already been added. You also confirm that you have invoiced the customer and the payment is late.
    9. You may not assign all or any part of the benefit of, or your rights and benefits under, the agreement of which these standard terms and condition form part.
    10. We may submit your file for external review as part of our internal quality management procedures to ensure that our systems and processes are effective. We will only do so with your permission.
  16. Preferred Legal Partner(s)
    1. By selecting and paying for one of our legal packages, you give us permission to pass your information onto our preferred legal partner(s) and instruct them in relation to the legal activity requested. Their terms and conditions will be in addition to COLLECTaDEBTpro’s terms and conditions described within this document. COLLECTaDEBTpro will not be held responsible for any action taken by our partner(s) outside of our terms.

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