Terms and Conditions
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TERMS AND CONDITIONS The website www.bankbeaters.com.au is operated and maintained by BBeaters Pty. Ltd. in these Terms and Conditions referred to as "Bankbeaters"). In these Terms & Conditions:- - the word "bank" means any bank or credit card provider or finance company or any other financial institution - the words "my bank" means the bank or credit card provider or finance company or other financial institution you have named in your registration details above on this website that you have nominated as charging you fees and charges you want refunded [Note: Bankbeaters only seeks to recover fees and charges that come within the legal definition of being "unlawful" - some fees and charges are lawful and cannot be recovered] BY ENGAGING BANKBEATERS I UNDERSTAND AND AGREE TO THE FOLLOWING:- 1. I declare that all of the information I have provided above regarding my account details is true and correct and that the fees and charges I have detailed that I seek to be recovered from my bank can be substantiated from my bank statements or other reliable source AND I will provide any further particulars of each fee that I seek to be refunded as my bank may reasonably require. [I understand these details are on my bank/credit card statements. Some banks provide these on the internet. Some customers may also be entitled to these for free pursuant to the various Consumer Credit legislation that applies in each state - enquiries can be made with your bank, Consumer Affairs or the Banking Ombudsman (see phonebook). 2. I appoint, authorize, instruct and direct Bankbeaters lawyers, Armour & Allen of 329 King William St Adelaide 5000 ("Armour & Allen") to act on my behalf on a "no win no fee" basis and to:- 2.1 Issue a formal Notice of Demand to recover monies on my behalf that in their opinion were unlawfully charged to me; 2.2 Represent me in any negotiations and to deal with my bank on my behalf as my duly authorized agent; 2.3 Receive into its trust account any monies it recovers on my behalf. 3. I agree to pay Bankbeaters a fee of 25% +GST (or $55 inc. GST whichever is the greater) of any monies that are recovered from my bank subsequent to the date hereof that are refunded at any time after a Notice of Demand has first been sent on my behalf to my bank AND AUTHORISE Armour & Allen to deduct such fee from monies received into its trust account on my behalf and pay the same to Bankbeaters without further approval being required from me AND I understand and agree this fee is payable by me even if:- 3.1 My bank refunds the money claimed (or a portion thereof) to me direct: or 3.2 My bank credits the money to an account in which I am in debit (e.g. a credit card, overdraft, loan account etc)in any of which events I agree I will still be liable to pay Bankbeaters its said fee. [Note: this could mean a refund is obtained but you get no cash in hand but are still liable for Bankbeaters fee]. 4. I agree that if my Bank refunds me direct and I do not advise Bankbeaters such has occurred within 14 days of me receiving such refund and/or I do not pay the commission on such refund to Bankbeaters within 7 days of being requested then Bankbeaters shall be entitled to charge an additional $110 incl GST as its reasonable costs to recover such commission due to it which fees will be in addition to any legal fees assosciated with such recovery. 5. I acknowledge and agree that the agreements by both Bankbeaters and Armour & Allen to act on my behalf are each "from time to time" and that Bankbeaters and/or Armour & Allen may determine in their absolute discretion at anytime hereafter to cease acting on my behalf for any reason whatsoever should they or either of them so choose and I understand and agree that in that event I shall have no claim against either Bankbeaters or Armour & Allen as a consequence. 6. I understand that the only fees and charges that will be sought to be recovered on my behalf are those that come within the legal definition of a "penalty" as defined by law [which is quite different to the common usage of that word as may appear in any contract or terms and conditions issued by my bank] or for any other legal reason are "unlawful" and that if my bank refuses to refund the same, to pursue the matter further, it may then be necessary to issue legal proceedings (i.e. a summons) and it be up to a Court to make the final decision. 7. I acknowledge and understand that if my bank refuses to refund the monies claimed on my behalf by Armour & Allen and it becomes necessary to issue a summons, before doing so Armour & Allen will contact me direct to advise me of the consequences of issuing legal proceedings and that I will be required, if I decide to proceed at that time, to pay $220 with all other lawyer's fees still being on a "no win no fee" basis. 8. I understand my agreement to appoint both Bankbeaters and Armour & Allen lawyers 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 Armour & Allen shall be on a "no win no fee" basis. 8.1 I understand I am entitled to terminate the services of Armour & Allen at any time subject to the conditions precedent:- 8.2 That I shall still remain liable at all times to pay Bankbeater's fee as set out above; 8.3 Bankbeaters shall be entitled in its absolute discretion to cease representing me. 9. I understand that by Bankbeaters pursuing any claim on my behalf it is not providing legal advice and that the opinions it has expressed on this website that such fees are "penalties at law" or are otherwise unlawful are its opinions only 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 or otherwise unlawful, I should obtain my own independent legal advice. 10. I specifically RELEASE AND HOLD HARMLESS both Bankbeaters and Armour & Allen in relation to any consequences that may follow and have a negative effect upon me in relation to my registration with Bankbeaters.. 11. That Bankbeaters reserves the right to vary these terms and conditions at any time in its discretion in which event it will publish such variations on this website AND I agree to be bound by such variations (if any) unless or until I contact Bankbeaters and ask for them to delete my registration and to cease making a claim on my behalf SUBJECT at all times to me remaining bound by the terms and conditions as they were prior to such variation in particular the obligation to pay Bankbeater's commission. [Please ensure you regularly view our website to ensure you keep up to date with our terms and conditions and developments as they occur]. 12. I acknowledge I have been advised of my right (as evidenced by this clause) that I am entitled to obtain independent legal advice prior to agreeing to these terms and conditions.
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