General terms and conditions for Collectia A/S
Here you can read the general conditions for our service agreements: CollectiaLight, CollectiaPlus and CollectiaPro, which are entered into between Collectia and Collectia's customer.
1.1 The agreement between the parties consists of these general terms and conditions, price list and any cooperation agreement applicable to the transfer of cases for processing at Collectia A/S, CVR.nr. 20015381.
1.2 In the following, the parties to the agreement will be referred to as "Collectia", "Customer" and together "Parties". Customer's customer who owes money is referred to as "Debtor".
1.3. Collectia is entitled to make changes that benefit the Customer without notice. This does not entail a special right of termination.
1.4. Collectia is entitled to make other changes to the agreement with 30 days' notice via the e-mail address stated or stated on any cooperation agreement, via integration solution or the customer web that Collectia makes available to the Customer.
1.5 If the change is material, the Customer is entitled to terminate the Agreement until the change enters into force and with effect from the effective date of the change. Price increases of 5% annually are not considered to be a material change to the Agreement. Revocation of cases will be invoiced according to the price list.
1.6 Any deviation from the terms of the Agreement must be made in a written addendum to the Agreement.
2.2. Collectia can also not process cases if the Customer ceases to be in CVR, is taken under compulsory dissolution, bankruptcy or transfers the case to a third party for ownership or collection.
2.3. Collectia can only take over a case if
- the claim is due for payment,
- it is a legitimate claim,
- The debtor was of legal age (not under guardianship or under the age of 18) at the time the debt was established, and
- The debtor is not deceased or under bankruptcy, reconstruction, compulsory dissolution or debt restructuring
2.4. If there is disagreement about the claim, the case can only be transferred, see section 7.
3.2. The claim must be calculated correctly in accordance with legislation and with deduction of any payments and credit notes.
3.3. Documentation for the claim is transferred at the same time as the creation - as a minimum invoice copy (s).
3.4. If the Debtor is under guardianship when the case is transferred, contact details for the guardian must be provided.
3.5. If the Debtor is represented by a lawyer when the case is transferred, contact details for the lawyer must be provided.
5.2. If the Debtor expresses disagreement during the process, the reminder service will be stopped and the case will be processed in accordance with section 9.
5.3. After the end of the reminder process, without full payment, the case continues with debt collection service.
5.4. Collectia charges interest and fees to the greatest extent possible, including one compensation fee per invoice for business agreements. These amounts become part of the case and must also be paid for the case to be closed as fully paid.
5.5. Settlement of Collectia's service takes place according to the price list.
4.2. When a claim is approaching limitation, the Customer must notify whether Collectia must bring the case to court to interrupt the limitation period.
4.3. The Customer must not enter into dialogue with the Debtor about the case as long as the case is processed by Collectia or its partner, and the Debtor must therefore be referred to contact Collectia. If the Customer continues its dialogue with the Debtor after the case has been handed over to Collectia, the case will be considered withdrawn by the Customer and invoiced according to the price list.
4.4. If the Customer receives a direct payment from the Debtor, the Customer is obliged to inform Collectia of the payment amount and the payment date as soon as possible and within 7 days of receipt of the payment. If Customer terminates the case based on the payment or does not timely inform Collectia of the payment, the case will be considered revoked by Customer, regardless of whether it is fully or partially paid and will be invoiced according to the price list.
4.5. Customer must immediately inform Collectia if Customer's master data or operating status changes cf. CVR.
6.2. If the Debtor expresses disagreement during the process, the debt collection service will be stopped and the case will be processed according to section 9.
6.3. When Collectia has completed the debt collection service without obtaining payment or installment agreement, the Customer has the opportunity to
1) send the case to court, or
2) have the case transferred to monitoring
The case is automatically transferred to monitoring if the Customer fails to respond.
6.4. Collectia charges interest, costs and fees to the greatest extent possible, including one compensation fee per invoice for BTB cases, but a maximum of 10. These amounts become part of the case and must also be paid for the case to be completed as fully paid. All fees and costs are regulated in accordance with the applicable tariffs and legislation at any given time. All fees and costs are exclusive of VAT.
6.5. Payment of Collectia's service is made according to the price list.
7.2. Collectia sends a summons notice to the Debtor, after which a summons is filed with the court in accordance with the price list so that the court can decide on the disagreement.
7.3. Settlement of Collectia's service is in accordance with the price list.
8.2. The foundation must be transferred at the same time as the case is created.
8.3. The case is started in monitoring, see item 11.
8.4. Settlement of Collectia's service takes place according to the price list.
10.2 If Collectia does not have to file the claim, the case will be closed.
- the case is transferred with foundation,
- the case is not sent to court after completion of collection service,
- the case has been in court without resulting in a payment agreement or a full settlement of the case, or
- a payment agreement concluded in court is breached.
11.2 When a case is transferred to monitoring, it means that Collectia monitors the case. If there are indications of improvement in the Debtor's finances, Collectia will assess which collection step is the most optimal.
11.3. Settlement of Collectia's service takes place according to the price list. Please note that Collectia is entitled to commission of paid principal in monitoring.
12.2 Collectia is not obliged to transfer cases to a foreign partner.
13.2 It is a prerequisite that the Customer hands over relevant material so that the case can be processed.
13.3 Collectia requests the initiation of attachment proceedings by bailiff and the Customer is obliged to assist in canceling attachment.
13.4 The Customer may at any time withdraw the case and request Collectia to stop the case in court. Note revocation costs according to the price list.
13.5. If the Debtor expresses disagreement, the objection will be sent to the Customer who must respond to Collectia's inquiry and decide on the further course of the case, within the deadline announced by Collectia. If the Customer does not respond in time, Collectia will withdraw from the case and consider it withdrawn. The Customer is made particularly aware that the Customer in that case must handle the process in court, as the lawsuit is not stopped by Collectia's withdrawal. The Customer will be invoiced according to the price list.
13.6. Collectia assesses whether the case should be handled by an external legal partner or in-house. If the case is handled by an external partner, the case is put on hold at Collectia until the decision is made.
13.7. If the case is settled and paid in court, the Customer will be invoiced according to the price list.
13.8. If a case is lost or cannot be approved in court, the case will be closed and the Customer will be invoiced revocation costs according to the price list.
14.2 Collectia is entitled to enter into installment agreements with Debtor. Installment agreements are entered into at Collectia's discretion, but with at least DKK 100 per month.
14.3. Collectia is entitled to register and delete Debtors in debt registers on behalf of the Customer.
14.4. Collectia may adjust / write down the Customer's original claim (principal) by up to 25% and all interest, fees and costs by up to 100% if the case is in surveillance.
14.5. Collectia may settle/write down Customer's original claim (principal) by up to 50% and all interest, fees and costs by up to 100% if the case is under surveillance, there are 3 months until the limitation period begins and Customer does not want the case in court.
14.6. Regardless of settlement, Collectia is entitled to payment and commission in accordance with the price list.
15.2 If Collectia is charged fees from third parties in connection with Debtor's payment(s), these will be re-invoiced to the Customer as an outlay.
15.3 If payment according to the invoice collection is not made on time, Collectia charges interest at 2% per. commenced month.
15.4 Collectia offsets any paid amounts.
- Reminder fee(s) imposed by Collectia, Collection fee, collection costs, court awarded costs, meeting fees, and compensation fee(s)
- Attachments to third parties
- Interest rates
- Dunning fee(s) imposed by the Customer
- Principal (invoice amount)
16.2. Legal costs to cover representation accrue to Collectia.
16.3. If the court awards costs in a case that is processed outside the small claims process, and awards costs that significantly exceed ordinary collection rates, Collectia will, however, only charge reasonable fees at Collectia's discretion.
16.4. Collectia settles recovered amounts once a month.
16.5. When Collectia is entitled to commission, this will be offset against paid amounts and Customer will be sent an invoice. The Customer can then apply for a VAT refund from SKAT if the Customer is registered for VAT. This also applies if the payment from the Debtor is made directly to the Customer.
- Customer revokes or stops a case in writing,
- Customer receives payment, ex. principal (invoice amount), and chooses that Collectia should not continue the collection of the case,
- Customer's case is lost or not approved by the court,
- Customer sells a case to a third party,
- Customer has transferred the case to a third party collection service,
- Customer does not respond in a timely manner to Collectia's inquiry,
- Customer does not approve costs associated with collection abroad, or
- Customer exhibits dishonest behavior.
17.2 If the case is revoked or stopped, the Customer will be invoiced revocation costs according to the price list.
17.3 The Customer will be invoiced for ordered and not yet settled services regardless of the reason for revocation, including any agreed commissions according to the price list.
18.2. All written communication between the Parties takes place via Collectia's customer web for reasons of GDPR and confidentiality.
18.3 The Customer undertakes to continuously respond to inquiries as soon as possible or within the deadline specified in the inquiry.
18.4 Collectia is entitled to block the Customer's access to the customer web without notice if the Customer fails to pay, for security reasons, by abuse or if the agreement terminates. It is therefore also the Customer's responsibility that Collectia is at all times in possession of a contactable e-mail address and telephone number for the Customer.
18.5. To ensure access control and data protection, the Customer must use two-factor authentication (2FA) when logging into the Customer Web, which requires both a password and a one-time code sent to the mobile phone.
20.1 In cases where the Customer wants to make a claim for damages against Collectia, the Customer must complain in writing about the matter within 14 days of knowledge of the liable act. Otherwise, the Customer's right to compensation will lapse.
20.2. Collectia can only be held liable for the Customer's direct and documentable losses.
20.3. Collectia's liability for damages cannot exceed DKK 10,000 per liability-causing act.
20.4. Collectia cannot be held liable for typing errors in its own IT system and loss of data/documentation, including physical and electronic documents, as a result of simple negligence.
20.5. Collectia cannot be held liable for a case becoming obsolete unless the Customer has previously given instructions to bring the case to court.
20.6 Collectia cannot be held liable for events due to force majeure, including but not limited to flood, fire, acts of terrorism and war, strike/lockout, telecom and network breakdown, hacking, virus, spyware and malware and epidemic/pandemic.
20.7 Any errors and omissions in connection with Collectia's processing of the case do not constitute a defect or default if Collectia can rectify the error or defect within 2 months from the error or defect was detected.
21.1 The parties may only transfer their rights and obligations in the event of a business acquisition, merger or if the other party consents.
22.1. Collectia is the data controller for data and information processed in connection with its services under this agreement.
22.2. The parties are obliged to ensure good practice for handling data and information.
22.3. If the Customer is a sole proprietorship or other company with personal liability, Collectia is entitled to store and process his name, address, CPR number, telephone number, e-mail etc. Collectia is also entitled to store and process information about the person who has joined the Parties' agreement.
22.4 In order to ensure the best possible recovery, Collectia is entitled to exchange collected personal data to the extent that it is objectively justified, including passing on information to Collectia's partners.
23.1 Termination must be made in writing via e-mail to salg@collectia.dk.
23.2 CollectiaPlus is binding for 12 months from the signature of the service agreement, and the agreement is automatically renewed with a new binding period of 12 months, unless the Customer has terminated the agreement in writing no later than 30 days before the expiry of the previous binding period.
23.3. Termination to Collectia is made by an employee of the Customer with decision-making authority (position authorization). Furthermore, it must be stated whether the termination applies to a single or possibly several agreements entered into with Collectia.
23.4. The Customer cannot consider the agreement to be terminated until a confirmation of termination has been received from Collectia. Collectia must respond within 14 days of receipt.
23.5. In the event of termination by the Customer, Collectia is entitled to complete all assigned cases, unless the Customer revokes the cases, which is invoiced according to the price list.
23.6. Before termination of the agreement, the Customer may request case documents in the customer web, or the Parties may agree on method and time for delivery of the same.
24.1 In the event that one of the Parties materially breaches the agreement, the other Party may terminate the agreement by written notice. The termination takes effect when the request has been received.
24.2. If Collectia terminates the agreement as a result of the Customer's breach, Collectia will stop the case processing and consider the cases as withdrawn by the Customer, which is invoiced according to the price list.
25.1 If a disagreement arises between the Parties, the disagreement must first be attempted to be resolved through dialogue and if the disagreement persists, the disagreement is settled under Danish law by the Court in Glostrup.
25.2 Collectia and its legal partner are not obliged to follow any jurisdiction agreements with the debtor, unless the Customer informs about the jurisdiction agreement together with the instruction to initiate legal proceedings.