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Terms and Conditions Please read these Terms and Conditions. If you agree and wish to proceed click the link at the bottom of the page. The website www.bankbeaters.com.au is operated and maintained by ABN 133246965 in these Terms and Conditions referred to as "Bankbeaters"). 1. I understand it is my responsibility to obtain a list of the relevant fees, but if I am unable to do so and I cannot obtain copies of the same (for which the bank/credit card company/finance company etc may charge a fee to me), then Bankbeaters may not be able to pursue my claim as a consequence. 2. In the event Bankbeaters recovers any monies on my behalf, I agree to pay Bankbeaters a fee of 15% of the refunded amount, deducted from the refund and subject to a minimum payment of $50. 3. I appoint Bankbeaters as my duly authorised agent to appoint solicitors to act on my behalf for the purpose of attempting to recover monies I have paid to the Bank/Credit Card Company/Finance Company/Financial Institution (hereafter referred to as "my Financier") that I have nominated which amount to a "penalty" at law. Bankbeaters will arrange for our lawyers to negotiate with your credit provider on a "no win no fee basis". However if your credit provider refuses to pay it may be necessary to issue legal proceedings. In that event whilst our lawyers will act for you on a no win no fee basis, you will be required to pay the court filing fee for any summons. Should that become necessary, our lawyers will contact you first to fully explain the legal processes involved before anything further is done in your matter. 4. I specifically authorise the solicitors appointed by Bankbeaters to issue correspondence and any court documents that may be necessary in their absolute discretion to pursue my claim. 5. My agreement to appoint both Bankbeaters and any solicitors they in turn appoint to act on my behalf is on the basis that I shall not be required to pay any costs whatsoever out of my own pocket unless my express consent in writing has first been obtained and unless and until I give my consent in writing, then the appointment of such solicitors shall be on a "no win no fee" basis. 6. The agreement by Bankbeaters to act on my behalf is "from time to time" and I acknowledge that Bankbeaters may determine in its absolute discretion at anytime to cease acting on my behalf for any reason whatsoever should it so choose and I understand and agree that if Bankbeaters does choose to stop pursuing my claim at anytime, for any reason whatsoever in its absolute discretion, then I shall have no claim against Bankbeaters or any solicitors it may have appointed on my behalf as a consequence. 7. I understand that if Bankbeaters appoint solicitors to represent me, I may receive correspondence from such solicitors and it is a condition of Bankbeaters continuing to act on my behalf that I co-operate with any reasonable request such solicitors may have of me. 8. I understand that whether or not Bankbeaters will be able to recover the fees and charges I have claimed above depends on whether or not such fees and charges come within the legal definition of a "penalty" as defined by law [which is quite different to such word being used in any contract or terms and conditions issued by my Financier and that if Bankbeaters cannot negotiate a refund to me of such fees and charges, it will be up to a Court to make a finding whether or not such fees and charges do come within the legal definition of a "penalty". 9. I understand that by Bankbeaters pursuing any claim on my behalf, it is not representing to me in any way that the fees and charges it seeks to recover for me are as a matter of law, "penalties" as defined by the law and that in this regard, Bankbeaters is not providing any legal advice upon which I can rely and that if I wish to obtain legal advice whether or not the fees and charges I am seeking to recover are "penalties" as defined in law, I should obtain my own independent legal advice. 10. I understand that if any solicitors appointed by Bankbeaters determine it is necessary to issue legal proceedings in my name, no such legal proceedings will be issued without me first giving my express consent in writing to do so as I fully understand that unless a settlement can be negotiated on my behalf "out of Court" and legal proceedings are ultimately issued, there is a risk of legal costs being awarded against me if I then decide to pursue the matter further; before any decision is made to issue legal proceedings in my name, I understand that I will be contacted by the lawyers acting for me who will discuss the matter in detail with me in order that I am fully informed of all necessary information before any legal proceedings are issued in my name. 11. I understand that whilst Bankbeaters anticipates my claim will be able to be settled out of Court, there is no guarantee and whilst Bankbeaters will do its best to ensure settlement does occur without Court proceedings, it may ultimately be necessary to issue legal proceedings in order to "force" the Financier's hand. 12. I understand that my Financier may choose to close my account/cancel my credit card/act in an aggressive manner towards me as a result of Bankbeaters taking action to recover monies on my behalf. If you do not understand any of these Terms and Conditions you should seek independent legal advice.
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