General terms and conditions
Here you can read the general terms and conditions for the use of collectia.dk. Questions about termination and settlement are answered here.
1.2 These general conditions apply to any agreement between Collectia A/S (Collectia) and Collectia's customer (the Customer).
1.3 Any deviation from these general terms and conditions must be made in writing in a separate contractual document. The General Terms and Conditions and the price list applicable from time to time are provided and accepted by the Customer in connection with the conclusion of the agreement and can be found on the Customer's web solution.
1.4 By accepting these general conditions, the Customer also accepts Collectia's personal data policy. Read more about the handling of personal data and data protection under section 12.
2.1 An agreement is concluded when the Customer has accepted the cooperation agreement by signature, by email or in any other way, including when the Customer has paid the first subscription payment.
2.2 The general conditions applicable at any time, the price list applicable at any time and the cooperation agreement together constitute the contractual basis between Collectia and the Customer.
2.3. The signatory of the agreement shall personally guarantee that he/she is authorized to sign or has the necessary power of attorney to enter into the agreement.
3.1 Collectia is entitled to make a credit assessment of the Customer by obtaining information from Collectia's own registers and from third party registers.
3.2 Any delay in payment by the Customer is considered material and entitles Collectia to terminate the agreement. However, Collectia is also entitled to maintain the agreement and demand payment in accordance with it.
3.3 Collectia is entitled to terminate the agreement if the Customer does not comply with its obligations under the cooperation agreement and / or these general conditions.
3.4 Collectia is entitled to waive the recovery of one or more of the Customer's cases based on an assessment of the underlying claim and / or the specific debtor, without the Customer may require justification for this. This applies in particular, but not only, if Collectia's handling of the case may be harmful to Collectia's reputation, if the Customer is registered as a bad payer, stops his payments if Collectia suspects that there is no real claim or assesses that attempts at recovery will be futile. Collectia is in that case entitled to consider the case withdrawn and require invoicing in accordance with these general conditions point 9.
4.1 When the Customer assigns a case to Collectia, the Customer must submit a specification of the claim so that it is divided into principal, reminder fee(s), compensation fee(s), costs and any interest.
4.2 Unless otherwise agreed in writing between Collectia and the Customer, the Customer may only transfer cases that are undisputed, ie the debtor must not have made any kind of objection to all or part of the claim before the case is transferred to Collectia. The Customer may never transfer cases concerning time-barred claims or transfer cases containing interest and/or fee(s) that are time-barred or collected in violation of applicable law. The Customer is obliged to ensure that no cases are transferred to Collectia, where the debtor was under 18 years of age or incapacitated at the time of debt creation. The Customer must also ensure that others do not process the case while it is active at Collectia or one of Collectia's partners.
4.3 Unless otherwise agreed in writing, the Customer must have sent a valid debt collection notice to the debtor before the case is transferred to Collectia. The Customer undertakes to ensure that the debt collection notice complies with the applicable legal requirements for the content and method of transmission of the debt collection letter. If the Customer is in doubt as to whether the collection notice complies with the applicable legal requirements, the Customer must clarify this in writing with Collectia before the case is transferred to Collectia.
4.4 Unless otherwise agreed in writing with Collectia, the Customer may not transfer cases to Collectia if the Customer is aware that the debtor is dead, bankrupt, under reconstruction or under debt restructuring.
4.5 If the debtor presents an objection to the claim during the process at Collectia, Collectia forwards the objection to the Customer. The Customer undertakes to send a complete response to the objection to Collectia within 14 days from the Customer's receipt of the objection, so that Collectia has the opportunity to respond to the debtor. If the debtor maintains his objection, the Customer can then choose whether to prepare a summons against the debtor or whether the case should be closed and considered withdrawn in accordance with these general conditions point 9. If the Customer wishes in connection with the debtor's objection to close the case or that a summons is issued in the case, the costs are regulated by the Customer's agreement with Collectia. The Customer undertakes to provide an instruction to Collectia on the further course of the case within 14 days from the customer has received
request from Collectia on the Customer's position on this, otherwise the case will be considered withdrawn, cf. these general conditions point 9.
4.6 If the debtor contacts the Customer after the Customer's transfer of the case to Collectia, the Customer must refer the debtor to Collectia. The Customer thus agrees that the Customer refrains from discussing the case directly with the debtor while the case is pending with Collectia or Collectia's business partner, including lawyer partners, foreign business partners and Collectia's foreign branches. By the Customer's continuation of dialog directly with the debtor, Collectia will be entitled to consider the case withdrawn in accordance with section 9 of these general conditions.
4.7 If the debtor makes payment of an assigned case directly to the Customer, the Customer is obliged to as soon as possible and no later than 7 days from receipt of payment, in writing to inform Collectia of the payment amount and payment date and whether the recovery of any outstanding balance to be continued or terminated. If the Customer does not, within 7 days of receipt of payment from the debtor, inform Collectia of this, Collectia reserves the right to invoice the Customer for the costs that may be incurred in the period from the Customer receives payment until Collectia receives notification of the payment. If the Customer decides to close the case on the basis of a partial payment of the total outstanding amount due including interest, costs and fees, the Customer will be invoiced for the costs Collectia would have been entitled to retain if there had been full payment of the outstanding amount due.
4.8 The Customer is obliged to notify Collectia in writing if the Customer makes a name and / or address change, if the Customer ceases, is taken into bankruptcy or reconstruction proceedings. If the Customer is taken into bankruptcy or reconstruction proceedings or if the Customer ceases, Collectia is entitled to immediately terminate ongoing cases that have been transferred to Collectia.
4.9 If the Customer fails to fulfill his obligations, cf. sections 4.1-4.8 of these general conditions, Collectia is entitled to charge compensation, costs and commission in accordance with the price list applicable from time to time.
5.1 If Collectia breaches the agreement and the Customer intends to invoke this, the Customer is immediately and no later than 14 days from the Customer became aware of the breach - or should be aware of the breach -, the Customer is obliged to complain in writing about the matter. The complaint is only valid when it has reached Collectia.
5.2 Any errors and defects in connection with Collectia's handling of the case does not constitute a defect or breach if Collectia can rectify the error or defect within 2 months from the error or defect was found.
5.3 The Customer is entitled to obtain documents from the Customer's file at Collectia against payment for ad hoc tasks according to the price list in force at any given time.
6.1 The price for Collectia's work is basically stated in the cooperation agreement between the Customer and Collectia and Collectia's price lists. All prices are stated exclusive of VAT.
6.2 The price for work performed by Collectia's partners, including lawyer partners, foreign partners and Collectia's foreign branches, is regulated by the Customer's agreement with Collectia and / or the Customer's agreement with Collectia's partner.
6.3 In agreements on ongoing submission of cases, the Customer must expect that the price for processing new cases may be adjusted on an ongoing basis. The price change may reflect the general market development or specific circumstances at Collectia, which gives rise to price increases. The price lists in force at any given time will be sent to the Customer on request.
6.4 Collectia is entitled to invoice the Customer immediately after the conclusion of the agreement.
6.5 The last due date for payment will be stated on the invoices sent. If the Customer fails to pay on time, interest will be charged on the amount due. The interest rate is agreed at 2% per month.
6.6 Collectia is entitled to set off the amounts that Collectia collects from the Customer's debtors with the Customer's outstanding debt owed to Collectia.
6.7 If Collectia is charged fees from third parties in connection with the debtor's payments, these fees will be re-invoiced to the Customer as an outlay, as these fees cannot be charged to the debtor.
6.8 In the event of non-payment by the Customer to Collectia, Collectia is entitled to withhold its services on all of the Customer's cases when notified by Collectia.
7.1 In accordance with the following, the reminder fee (if Collectia has imposed the fee), compensation fee(s), collection fee, collection costs, interest, costs awarded by the court (meeting fees) and interest accrue to Collectia.
Amounts recovered are written off in sequence:
- Collection fees imposed, collection costs, costs awarded by the court, including meeting fees, and interest (payable to Collectia)
- Reminder fee(s) (payable by the person who imposed the fee) - Compensation fee(s) (payable by Collectia)
- 3rd party outlay (to be paid by the Customer)
- Principal (accrues to the Customer unless Collectia is entitled to a share of the principal)
7.2 Collectia is entitled to the full costs awarded by the court when the court renders judgment on the basis of summons with a principal amount of up to DKK 50,000, provided that the case is not withdrawn from the small claims process and provided that no objection has been made in court, and when the court gives payment demand 2. endorsement. In other cases where the court awards costs, Collectia's claim for costs is limited to an amount corresponding to the rates applicable from time to time for extrajudicial recovery costs in connection with foreign debt collection (Executive Order 2002-07-12 No. 601). This applies regardless of whether extrajudicial recovery costs are or have been imposed on the case.
7.3 The amounts that Collectia collects from the Customer's debtors are settled electronically on the last working day of the month and invoiced / paid within the first 7 days of the following month.
7.4 When full or partial payment is received from the debtor, Collectia sends a demand to the Customer for payment of the amount subject to VAT. The Customer may then seek VAT refund from SKAT in accordance with the VAT and tax law rules applicable at any time. Any dispute between the Customer and SKAT is of no concern to Collectia.
8.1 If the debtor does not pay all or part of the total outstanding debt after Collectia has completed the agreed extrajudicial collection process, Collectia is entitled to transfer the case to monitoring, unless the Customer revokes the case. Collectia is also entitled to transfer a case for monitoring after the end of the judicial process, unless the Customer revokes the case in accordance with section 9 of these general conditions.
8.2 When a case is transferred to monitoring, Collectia has previously sent notice to the Customer. The parties agree that the transfer is considered finally and irrevocably accepted by the Customer, unless Collectia, within 6 working days from the transfer, receives written notice that the case is withdrawn because the Customer does not want it to be transferred to monitoring.
8.3 If payment is made on cases that have been transferred for monitoring, the Customer pays the commission set out in the cooperation agreement or the price list applicable from time to time to Collectia. The commission is calculated based on the principal amount recovered plus any fees, costs and interest that accrued to the principal before the case was transferred from the Customer to Collectia.
9.1 If the Customer withdraws a case that has not been transferred to monitoring, the Customer is obliged to pay Collectia imposed reminder - and collection fees, collection costs, costs awarded by the court, including meeting fees. The Customer must also pay any disbursements to the 3rd man if these are not paid and pay any share of the principal that Collectia would be entitled to in full recovery of the claim.
9.2 If the Customer revokes a written-off case or cases that have been transferred to monitoring, the Customer is obliged to pay Collectia a fee. The Customer must pay a fee for each case that is revoked. The fee is calculated on the basis of the rates applicable from time to time for extrajudicial recovery costs for foreign debt collection in accordance with Executive Order 2002-07-12 No. 601 multiplied by a factor of 3. This calculation method is applied regardless of whether extrajudicial recovery costs are or have been imposed on the case.
9.3 The customer can withdraw cases free of charge if the withdrawal is due to the debtor's death or bankruptcy, unless the case has been transferred to Collectia's business partner, including lawyer partner, foreign business partner and Collectia's foreign branches or if the debtor remains liable for the case despite the bankruptcy, for example if the debtor is a private individual or if there is personal liability in connection with the operation of a business.
9.4 Collectia can file claims in estates and bankruptcy estates against payment according to the price list in force at any given time. After notification of the case, the case will be closed by Collectia, so that future inquiries will be made directly to the Customer.
9.5 If the Customer withdraws a case that has been assigned with objection in accordance with these general conditions point 17, and a summons has not yet been issued, Collectia is entitled to charge a fee according to the price list applicable from time to time. If a summons has been issued in the case in accordance with these general conditions point 17, Collectia is entitled to invoice according to the price list applicable from time to time.
9.6 If the Customer wishes to withdraw a case that has been transferred with judgment for the claim in accordance with section 18 of these general conditions, Collectia is entitled to charge the Customer in accordance with these general conditions section 9.1, unless the case has been transferred to monitoring, after which the case is settled in accordance with section 9.2.
9.7 Costs and invoicing in connection with the Customer's revocation of a case processed by Collectia's foreign partner, is determined on the basis of the Customer's agreement with Collectia and the Customer's agreement with Collectia's partner.
9.8 Withdrawal of cases must be made in writing and is only effective when the notice has been received by Collectia.
10.1 Collectia's authorization to settle does not apply to cases where the Customer has instructed Collectia or Collectia's lawyer partner to bring the case to court or where the case is pending in court.
10.2 If Collectia estimates that the likelihood of recovery of a given case, which has been assigned for monitoring, could be optimized by entering into a composition agreement with the debtor, Collectia is authorized as a result of this agreement, Collectia is authorized to make a composition of 25% of the original principal amount owed and to make a composition of all interest, costs and fees, after which Collectia issues a balance receipt to the debtor on behalf of the Customer.
10.3 When there are 3 months or less to the case parent, Collectia is entitled to enter into a composition agreement with the debtor, and Collectia is as a result of this agreement authorized to piece up to 50% of the original principal amount due and to piece all interest, costs and fees, after which Collectia issues a balance receipt to the debtor on behalf of the Customer.
10.4 If Collectia enters into composition agreements with the debtor, Collectia is entitled to receive the commission set out in the cooperation agreement or the price list in force at any given time of the total amount recovered with the addition of any fees and costs if these have not been settled.
11.1 If the case must be sent to the enforcement court or civil court, the Customer will be invoiced in accordance with the current price list for bringing the case. It may be a necessary prerequisite for the judicial treatment of the case that the Customer makes material available to Collectia or Collectia's lawyer partner.
11.2 Collectia does not process objections in the enforcement court or civil court, so these cases will be transferred for further processing by Collectia's lawyer partner, cf. the current price list. If the case is transferred to Collectia's lawyer partner, the case will in the meantime be put on hold by Collectia.
11.3 When the case is finalized by Collectia's lawyer partner and a judgment has been obtained for the claim, the case will be returned to Collectia for further recovery in accordance with the cooperation agreement and the general conditions applicable from time to time. If Collectia's lawyer partner settles the case in court and at the same time obtains payment of the settlement amount or if the Customer loses the case in court, the Customer will be obliged to pay Collectia a fee for its work on the case. The fee is determined based on the current rates for extrajudicial recovery costs in connection with debt collection (Executive Order 2002-07-12 No. 601). This applies regardless of whether extrajudicial recovery costs are or have been imposed on the case.
11.4 If the debtor submits objections / defense to the Court on the basis of a payment demand, summons or bailiff requisition, the objection will be forwarded to the Customer. If the Customer does not respond to the objection / response within 6 working days, Collectia will withdraw from the case and consider the case to be withdrawn in accordance with section 9 of these general conditions. The Customer will be invoiced for work performed by Collectia or Collectia's lawyer partner, cf. the current price list.
11.5 When the case is brought before the enforcement court, the case continues automatically until the case is finalized by the enforcement court. In this connection, Collectia is entitled to take necessary steps to ensure the processing of the case by the court without this must be approved by the Customer. The Customer may at any time notify Collectia that they want the case withdrawn from the court and completed in accordance with these general conditions point 9.
11.6 Unless otherwise agreed in writing, the Customer will in all circumstances be invoiced for the statutory court fees, positive disbursements to the State, legal costs that may be awarded to the opposing party and extrajudicial assessed tariff legal costs. The Customer is also obliged to pay the costs associated with the case, including costs for Collectia and / or Collectia's lawyer partner's handling of the case.
12.1 In order to ensure the best possible recovery, Collectia is entitled on behalf of the Customer, to exchange collected personal data to the extent that it is objectively justified, including disclosing information to Collectia's partners.
12.2 In connection with the Personal Data Regulation, and any new legislation in this regard, Collectia and the Customer will be required to follow this. Collectia is entitled to make any adjustments to Collectia's agreement with the Customer to ensure compliance with the applicable legislation on personal data and data protection.
12.3 If the Customer is a company with personal liability, including, but not limited to, sole proprietorship, I / S, and K / S, Collectia is entitled
to store and use the person's name, address, CPR number, etc. Similarly, Collectia is entitled to store and use the same information on the person who, by signing the agreement, has committed the Customer in relation to Collectia, as the signatory personally guarantees the agreement. The use and processing will be in accordance with Collectia's personal data policy in force at any given time.
12.4 Collectia is the data controller on behalf of the Customer in connection with the Customer's transfer of cases to Collectia. Collectia is entitled to process information received from the Customer and to use this to obtain additional information and thus registrations about the Customer's customer. Registrations are, but are not limited to RKI registrations, FFS data, business form, etc.
12.5In order to ensure the best possible recovery, Collectia is entitled on behalf of the Customer, to exchange collected personal data to the extent that it is objectively justified, including disclosing information to Collectia's partners.
13.1 Collectia is entitled to use the Customer as a reference for advertising and marketing purposes.
13.2 The Customer may not, without prior written permission, use logos, trademarks or other distinguishing marks belonging to Collectia.
14.1 Collectia provides a web solution available to the Customer, where the case can be followed and where the Customer can communicate with Collectia. Collectia can without notice change or shut down the web solution. The Customer is provided with a user ID and choose a password, which is personal and confidential, and the Customer must therefore not disclose it to third parties.
14.2 The Customer's access to use the web solution ceases immediately upon termination of the agreement. If the Customer is in arrears, Collectia is entitled to block the Customer's access to the web solution. It is the Customer's own responsibility to save any materials and correspondence stored on the web solution before the Customer's access ceases and the content may be deleted. If the Customer wants Collectia's assistance to retrieve material from the web solution, Collectia is entitled to charge a separate payment for this in accordance with the current price list for ad hoc tasks.
15.1 Collectia's liability is limited so that it only covers the Customer's direct and documentable losses and so that the Customer can not pass on third party claims to Collectia.
15.2 The liability is further limited so that Collectia is under no circumstances liable for claims for damages exceeding the value of the remuneration paid by the Customer to Collectia for the handling of the individual case or cases to which the compensation relates.
15.3 Collectia can not be held liable for materials, including digitally stored materials, which are damaged or lost while in Collectia's custody, just as Collectia can not be held liable for losses resulting from any input errors in Collectia's and / or third party IT systems.
15.4 Any claims for compensation must be made in writing and be received by Collectia no later than 14 days after the Customer has become aware of - or should have become aware of - the offending act and / or omission. If the Customer fails to comply with the agreed deadline, the Customer's possible right to compensation lapses.
15.5 Collectia is not responsible for failure to fulfill its obligations to the Customer if this is due to circumstances beyond Collectia's control, such as flood, fire, strike, lockout, services from telecom and network provider, hacking, virus, spyware and malware and similar forms of force majeure.
15.6 Collectia is not liable for failure to fulfill its obligations where it would be unreasonably burdensome for Collectia to comply with the agreement. Collectia is in that case obliged to inform the Customer of this.
16.1 If the Customer assigns cases regarding the recovery of debt with a foreign debtor or with a debtor residing abroad, Collectia is entitled to charge separate payment for all additional costs associated with the recovery, including increased costs for: postage, translation, address search, recovery through Collectia's partners, including, but not limited to, foreign partners and Collectia's foreign branches.
16.2 If Collectia transfers the case to a foreign partner or one of Collectia's foreign branches, Collectia is entitled to invoice the Customer a set-up cost according to the price list applicable at any time. Collectia is also entitled to calculate commission on the amount recovered. The commission applicable to the agreement is stated in the price list applicable at any given time.
16.3 The case is considered withdrawn if the Customer does not approve in writing the payment of such additional costs within 6 days after Collectia has given notice of the payment of such costs. In that case, the case will be settled in accordance with clause 9 of these general conditions.
17.1 The Customer is only entitled to transfer cases where the debtor has objected to all or part of the claim, if it is expressly agreed in writing with Collectia. The Customer must ensure that Collectia is made aware of the objection at the same time as the case transfer. Collectia sends an information letter to the debtor, where the debtor will receive information that the case will be transferred to judicial proceedings unless the debtor pays within 10 days. If payment is not received, Collectia prepares a summons. If repayment is made in continuation of the information letter and before a summons is filed, Collectia charges commission according to the current price list.
17.2 Collectia prepares summons on cases with a principal amount of up to DKK 50,000.00. Collectia charges a fee for the preparation of the summons that appears in the price list applicable from time to time. If the debtor objects in court, Collectia will transfer the case to Collectia's lawyer partner after acceptance by the Customer. Collectia's lawyer partner can submit summons with a principal amount of more than DKK 50,000.00 by agreement with the Customer. Cases transferred to Collectia's legal partner will be invoiced separately according to the price list in force at any given time.
17.3 The Customer is entitled to withdraw the case before a writ of summons is issued in accordance with clause 9.5 of these General Terms and Conditions.
17.4 If the Customer gets a judgment for his claim, Collectia will then send the case to the enforcement court. Any legal assistance in connection with the enforcement court hearing can be provided by Collectia's lawyer partner in agreement with the Customer.
17.5 After the court hearing, the case will be transferred to supervision in accordance with point 8 of these General Conditions.
18.1 The Customer is entitled to transfer cases to Collectia, where the Customer has a judgment for the claim. The Customer must ensure that Collectia is made aware of the judgment at the same time as the case is transferred to Collectia.
18.2 If payment is made by the debtor under the judgment, after the transfer to Collectia, the Customer pays the commission set out in the cooperation agreement or the price list applicable from time to time to Collectia.
18.3 The Customer is entitled to withdraw the case assigned with judgment for the claim in accordance with clause 9 of these General Conditions.
19.1 Unless otherwise agreed in writing, it is a prerequisite for the agreement that the Customer has an e-mail address and that all communication from Collectia to the Customer can be sent by e-mail to the e-mail address provided by the Customer at the conclusion of the agreement. In case of changes to the Customer's e-mail address, the Customer must immediately notify Collectia. The Customer's failure to provide any new e-mail address is the sole risk of the Customer. Messages sent by e-mail are considered to have arrived regardless of the fact that the Customer no longer uses the e-mail address provided.
19.2 Collectia and the Customer may also communicate via the web solution.
19.3 If Collectia and the Customer have entered into a cooperation agreement on "Collectia Self-Service", the Customer is only entitled to communicate with Collectia via email or through the Customer's web solution.
20.1 In the case of cooperation agreements for ongoing subscriptions, the Customer may not terminate, cancel or withdraw from the agreement with regard to the first commitment period once the Customer has accepted the cooperation agreement. The agreed commitment period is regulated by the cooperation agreement.
20.2 Cooperation agreements for ongoing subscriptions are automatically renewed with a new binding period of the same length and can be terminated in writing with effect from the expiry of the first binding period. Notice of termination must be received by Collectia no later than 30 days before the end of the current commitment period.
20.3 In the event of termination, Collectia is entitled to finalize already transferred cases, unless the Customer chooses to revoke the cases in accordance with section 9 of these general conditions.
20.4 The termination must be in writing and the termination must be specified with a precise indication of whether the termination concerns all or some of the cooperation agreements that the Customer has entered into with Collectia. The termination is only valid when it has reached Collectia.
20.5 When Collectia receives the Customer's termination, Collectia sends a written confirmation of this, and it is the Customer's responsibility to contact Collectia if the confirmation is missing.
20.6 Collectia is entitled to terminate the cooperation with immediate effect, by the Customer's breach of the cooperation agreement and / or these general conditions and by dishonest behavior towards Collectia or debtor. Collectia may in such cases choose to terminate and settle the cases according to the terms of the contractual basis on Collectia's claim for commission and other costs when cases are withdrawn by the Customer, cf. these general conditions point 9.
21.1 Collectia is entitled to notify changes in the contractual basis via the e-mail address specified in the cooperation agreement or via the web solution that Collectia makes available to the Customer. Collectia can change the contractual basis with a notice of 30 days.
21.2 In the event of significant changes to the contractual basis, the Customer is entitled to terminate the cooperation agreement in writing with effect from the effective date of the new terms. The cases may be revoked in accordance with section 9 of these general terms and conditions. In this case, the notice of termination must be received by Collectia no later than the effective date. Price increases of less than 10% annually are not considered to be a significant change in the contractual basis.
21.3 Changes that are solely for the benefit of the Customer may be implemented without notice and do not entail a special right of termination for the Customer.
22.1 The Customer is not entitled to transfer its rights and obligations under the Agreement without Collectia's prior written consent.
22.2 Collectia is entitled to transfer both rights and obligations under the Agreement to third parties without the Customer's consent.
23.1 Any dispute that may arise between the Customer and Collectia in connection with the cooperation agreement, including disputes about the interpretation of these general conditions and the price list, shall be settled under Danish law by Arbitration. Collectia may choose that the dispute, as an alternative to Arbitration, shall be settled by the Court of Glostrup.