Professional Collection Services Inc. Terms and Conditions of Service
Professional Collection Services Inc. also referred to and known as PCS Inc. GRANTS YOU THE RIGHT TO ESTABLISH AN ACCOUNT WITH THIS SITE ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS AGREEMENT CALLED NO RECOVERY NO FEE TERMS OF SERVICE
PLEASE READ THE TERMS OF SERVICE CAREFULLY.
BY CLICKING ON “YES”, YOU ARE INDICATING THAT YOU ACCEPT THE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH THESE TERMS, THEN Professional Collection Services Inc. IS UNWILLING TO GRANT YOU RIGHTS TO ESTABLISH AN ACCOUNT.
1. Upon placement of a claim(s), where a Debtor owes funds to CLIENT, Professional Collection Services Inc. will use its best efforts to expeditiously collect the claim on behalf of CLIENT. PCS Inc. agrees to charge a commission only on funds actually paid by Debtor to PCS Inc. or Client and not the actual amount owed, subject to the provisions of paragraphs 4, 5 and 7 below.
2. CLIENT warrants the validity, amount and authenticity of all claims and accounts placed with PCS Inc. for collection. Upon request by PCS Inc., CLIENT agrees to forward documentation to PCS Inc. to prove the amount, and authenticity of the claim when requested.
3. Professional Collection Services Inc. shall notify CLIENT of any settlement offers received by PCS Inc. and no settlement offer shall be accepted by PCS Inc. without CLIENT’S express consent.
4. CLIENT may withdraw a claim placed with Professional Collection Services Inc. only where a) there has been no activity on the account in the preceding sixty (60) days and b) the claim is not in litigation or involved in an insolvency proceeding. All withdrawals must be done in via e-mail to professional@bellnet.ca CLIENT and any commission then due and payable to PCS Inc. must be paid before the claim is deemed withdrawn. Any claim canceled by CLIENT while payments are being made by debtor will be billed by PCS Inc. for the full anticipated commission due PCS Inc. on the entire amount of the original claim assigned to PCS Inc. There is a fee of 10% of the principal balance of the account for administrative, initiation and clerical expense on all accounts withdrawn by CLIENT not in accordance with the provisions of paragraph 4a and 4b.
5. CLIENT shall report all direct payments made by Debtor to CLIENT to PCS Inc. within three (3) business days of receipt of payment by CLIENT via e-mail to professional@bellnet.ca and the commission due PCS Inc. on the direct payment shall be remitted to PCS Inc. within (15) days of the following month.
6. All claims placed with Professional Collection Services Inc. by CLIENT, that are under one (1) year in age shall be billed by PCS Inc. to CLIENT at a rate of 25% of any and all funds collected by PCS Inc. on behalf of CLIENT. All claims placed with PCS Inc. by CLIENT that are over one (1) year in age shall be billed by PCS Inc. to CLIENT at a rate of 40% of any and all funds collected by PCS Inc. on behalf of CLIENT.
7. Any merchandise returned to CLIENT by Debtor after initial contact by Professional Collection Services Inc, shall entitle PCS Inc. to a commission equal to 10% of the actual invoiced amount where CLIENT invoiced Debtor for the equipment returned.
8. Any claim placed with Professional Collection Services Inc. by CLIENT that is discovered to have been previously paid by Debtor or placed by CLIENT error will be billed by PCS Inc. to Client at a rate of 10% of the claim as an administrative, clerical and initiation fee.
9. Professional Collection Services Inc. shall account to CLIENT on a monthly basis all funds collected by PCS Inc. for CLIENT’S behalf and all remittances and/or invoices will be sent at this time.
10. CLIENT grants to Professional Collection Services Inc. and any attorney or collection firm that PCS Inc. may forward clients case to express authority to endorse and negotiate any check, draft or other negotiable instrument made payable to CLIENT for deposit in trust for distribution to CLIENT after deducting the commission and fees due PCS Inc. under this agreement.
11. CLIENT understands that Professional Collection Services Inc. may at their discretion forward a case or a claim to an outside law firm or collection network to assist in the recovery of said account and hereby grants PCS Inc. permission to do so. It is further understood that CLIENT must give PCS Inc. approval in the event that such a transfer will result in additional charges.
12. In no event shall Professional Collection Services Inc. be liable in any respect for the inability to collect any account placed with Professional Collection Services Inc. by CLIENT for collection. It is understood and agreed that Professional Collection Services Inc. is not a guarantor of any specific result on accounts placed by CLIENT.
13. Professional Collection Services Inc. agrees and shall hold harmless CLIENT from any claim, demand, action, cost or judgment, including a reasonable attorneys fee arising out of any action done or failing to be done by Professional Collection Services Inc. in connection with the collection of any claim(s) place with Professional Collection Services Inc. by CLIENT for collection.
14. This agreement shall be construed in accordance with the laws of the in the province of Ontario, Canada. In the event that any provision hereof is found to be invalid or unenforceable, then that provision shall deemed to be severed and removed and the remaining provisions shall remain valid and in full effect.
15. HST tax will be charged on fees where applicable in accordance to Canadian Tax Laws.
