Recoupera Terms and Conditions
This document (and the other documents it refers to) contains the terms and conditions on which you may use https://recoupera.com/ (the “Website”), and our online debt collection platform (the “Platform”), whether as a guest or a registered user (the “Terms”). The Terms are a legally binding contract between you and Recoupera Limited. The contract sets out your rights and responsibilities when you use the services provided by Recoupera Limited, which may include, but is not limited to, our mobile app, web application, Website, Platform and any other services (collectively, the “Services”) so please read it carefully. You will be deemed to have accepted these Terms when you visit the Website and/ or whenever you use any of our Services.
https://recoupera.com/ is a website operated by Recoupera Limited (“Recoupera”, “we“, “our” or “us”). We are registered in England and Wales under company number 9929839. Our registered office address is 264 High Street, Beckenham, Kent, BR3 1DZ and our email address is [email protected].
ABOUT OUR SERVICES
The Service we provide via our Platform allows small and medium-sized enterprises (“SMEs”, “You”) to submit details to us relating to the collection of international debt for their companies (“Requests for Quotes”) and to receive responses from Debt Collection Agencies (“DCAs”) or law firms with an indication of the fees chargeable by them for the provision of their services in recovering the debt and any conditions applicable to those fees (“Quotes”).
YOUR USE OF THE RECOUPERA PLATFORM
Following a link from the website, you will be invited to create an account on the Recoupera platform. These terms are the few rules about creating and using accounts with Recoupera and using our platform.
a. The information you provide to us must be accurate. You are not permitted to use false information or impersonate another person or company through your account and doing so is a breach of the Terms. By registering on the Platform, you declare that you are entitled and authorised to do so on behalf of the company you sign up.
b. You are responsible for your account. You are solely responsible for any activity on your account. If you’re sharing an account with other people, then the person who’s billing information is on the account will ultimately be responsible for all activity. If you register as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business.
c. As we mentioned above, you are solely responsible for any activity on your account, so it’s important to keep your account password and any device from which you access the Services secure. If accessing the Website/Services via a mobile device, we recommend that you do not jailbreak or root the device (this is the process of removing software restrictions and limitations imposed by the official operating system of your device) as doing so could make your device vulnerable to malware, viruses or malicious programmes, compromise your device’s security features and may affect the functionality of the Services.
d. These Terms do not create any agency, partnership, joint venture, employment or franchisee relationship between you and Recoupera Limited.
f. You confirm that, after receiving Quotes from and details of DCAs/law firms, you will not attempt to contact any of those DCAs or law firms except through the Platform, either directly or indirectly. This includes accidental contact and contact by proxy. You agree also to notify Recoupera of any unauthorised contact from the invited DCA/law firm. Failing to do so may cause the interruption of the collection process and may cause additional fees to be paid to have the Service resumed.
g. You confirm that once connected with DCA/law firm, which takes place after you accept their quote, you will use to use Recoupera as your sole and exclusive method of communication with that DCA/Law firm for a period of 24 months. This includes additional requests for quotes related to new debt collections, accidental contact and contact by proxy. Failure to do so may cause termination of your account and may cause additional fees to be paid to have the Service resumed.
h. By submitting a Request For Quotes, you confirm that the related outstanding debt claim is exclusive to Recoupera and that no other agency, professional service, law firm or other service provider is currently being or will be given a mandate to recover this same debt including the related documentation. In case that in the past other third parties have been given the same mandate you must inform us promptly.
i. While we always try to invite multiple DCAs/law firms to send you Quotes, there are times when this will not be possible. In some cases, we may only be able to invite DCAs/law firms located outside of your debtor’s country/locality but still licensed and/or able to collect debt in your debtor’s country/locality to send you Quotes. In these cases the number of quotes could be even just one.
j. You acknowledge that we may edit, modify or remove any parts of a Request For Quotes which we consider is in breach of any of the provisions of these Terms and/or suspend your account with Recoupera.
k. You agree to immediately update Recoupera and the relevant DCA/law firm about any relevant information and/or event related to your debt collection, with special regard to partial and full payments of the outstanding debt, including any repayment plan proposed by the debtor whether accepted or not by you. Failure to inform Recoupera may cause the interruption of the service. In the event that a debt is paid in full or in part directly to you, rather than via Recoupera or the DCA/law firm, you must notify Recoupera, the DCA/law firm, and any relevant third party appointed as part of the process immediately.
PAYMENT AND FEES
Recoupera does not charge you for its Services. Our payment for a single transaction is taken from the DCAs/law firm, on a referral and commission basis.
All quotes provided by DCAs/law firms related to extra-judicial collection are to be considered final offers. Any other quotes provided whether by DCAs or law firms are indicative and may be subject to change. They are not, and should not be viewed as, concrete offers. By using the Services, you acknowledge this and you also accept that there are times, such as in complex litigation, when it may be very difficult or even impossible for law firms or DCAs to provide fixed fee Quotes for the debt collection.
If litigation is pursued by you, you acknowledge that there may be upfront fees payable to either Recoupera or to the DCA or law firm. These fees will include court fees, claim forms and other costs. Where possible these fees will be provided in advance when the initial Quote is provided, but there may be occasions where it is not predictable that litigation will be the route followed, and so it is not possible to include such fees in a Quote.
We request that, where such fees are payable by you, you settle them promptly and efficiently according to the accepted payment methods specified in the invoice. Any delay in payment of these fees may hinder your debt collection case and may prove detrimental or deleterious. Recoupera is never liable in these instances for a failure or a delay to pay such fees.
YOUR USE OF THE WEBSITE/OUR SERVICES
We allow access to our Website/the Services on a temporary basis and we reserve the right to withdraw, restrict or change our Services at any time and without notice. We will not be liable if for any reason the Services are unavailable at any time or if the content is changed or out of date.
You must treat as confidential any user identification code, password or other security feature in relation to the Website/the Services. If, in our opinion, you aren’t complying with the Terms, we have the right to disable any such code, password or feature at any time.
It is your responsibility that anyone who accesses the Website/the Services through your internet connection is aware of these Terms and complies with them.
We grant you a limited, non-exclusive, non-transferable and revocable licence to visit the Website/use the Service—subject to the Terms and the following restrictions:
a. You agree that you will not violate any laws in connection with your visiting the Website/use of the Services. This includes any local, national and international laws that may apply to you.
b. You are responsible for paying any fees or subscription payments that you owe to Recoupera Limited. You are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through the Website/our Services.
c. You agree not to “crawl,” “scrape,” or “spider” any aspect of the Website/the Services or to reverse engineer or attempt to obtain the source code of the Services. You shall not misuse the Website/the Services by knowingly introducing any material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website/the Services, the server on which the Website is/ any of the Services are stored or any server, computer or database connected to the Website/Services. You must not attack the Website/Services via a denial-of-service attack or a distributed denial-of service attack. By failing to comply with this provision, you would commit a criminal offence and your right to access the Website/use the Services will cease immediately and we will report your actions to the relevant authorities.
d. You agree not to interfere with or try to disrupt the Website/Services, for example by distributing a virus or other harmful computer code.
e. The name Recoupera and other marks, phrases, logos and designs that we use in connection with our Services, are trademarks, service marks or trade dress of Recoupera Limited in the UK and other countries. You require our express written permission to use our trademarks, service marks or trade dress.
f. We will provide you with certain legal information in writing. By using our Services, you’re agreeing that we may provide you information electronically (by email, etc.) instead of mailing you paper copies, and that your electronic agreement is equal to your signature on paper.
INTELLECTUAL PROPERTY RIGHTS
Save as described elsewhere in the Terms, we are the owner or the licensee of all intellectual property rights in the Website/the Services and are protected by copyright laws and treaties around the world. All such rights are reserved.
You must not use any part of the Website/the Services for commercial purposes without a licence from us or our licensors. You may not reproduce in any format (including on another website or mobile app) any aspect of the Website/the Services (including content, images, designs, look and feel) without our prior written consent.
If, in our opinion, you are in breach of these provisions, your right to use the Website/the Services will cease immediately and you must either return or destroy (as required by us) any copies of the materials you have made.
Content that you post to the Website is your content, and includes (but is not limited to) anything you post using the Website such as usernames, documents, profile pictures, photos, descriptions, reviews, comments, videos, etc (“Your Content”). Recoupera Limited does not make any claim to Your Content.
a. Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it or uploading it to the Website.
b. Permission to Use Your Content. By posting Your Content to the Website/through our Services, you grant us a licence to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help Recoupera Limited function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote Your Content.
c. Rights You Grant to us. By posting Your Content, you grant Recoupera Limited a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual licence to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Website/the Services and to promote Recoupera Limited or the Website/the Services in general, in any formats and through any channels, including across any Recoupera Limited websites or other Services or third-party website or advertising medium. Your Content will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose it to third parties. This clause does not apply to data and documents directly relating to your collection cases which will be treated as strictly confidential.
d. Reporting Unauthorized Content. We take intellectual property rights very seriously, and are committed to following appropriate legal procedures to remove infringing content from the Website /the Services. If content that you own or have rights to has been posted to the Website/Services without your permission and you want it removed, please contact us at the email below. If Your Content infringes another person’s intellectual property, we will remove it if we receive proper notice. If any third party claims that any material posted or uploaded by you to the Website/the Services violates their intellectual property rights, or their right to privacy, we have the right to disclose your identity to them. We’ll notify you if that happens.
e. Inappropriate, False or Misleading Content. This should be common sense, but there are certain types of content we don’t want posted via the Website/the Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive. We will not be responsible, or liable to any third party, for Your Content or the accuracy of any materials posted by you or any other user of the Website/the Services.
THE DCAs and LAW FIRMS
Whilst we have selected and periodically select and check all DCAs and Law firms working with us, we do not provide any assurance or guarantee as to the collection ability, competence or quality of the DCAs and Law firms which have sent you a quote and that you have hired through our platform. Furthermore we cannot and do not warrant as to the accuracy, quality or completeness of any practice, advice, assistance or information provided or executed by the DCAs and Law firms.
Recoupera provides a personalised selection of DCAs and Law firms which are entitled to recover your international debts based on your Request for Quotes. We are not a Debt Collection Agency nor a law firm and we do not provide such services. It is your responsibility to identify and determine the suitability of the DCA or Law firm for any collection upon which you instruct them. By choosing a DCA/law firm and accepting a Quote, you will engage the DCA or law firm and are expressly deemed to be satisfied as to the suitability and ability of that DCA or law firm, without exception.
Recoupera will not be a party to any contract made between you and any DCA or law firm for your debt collection and shall not be liable for any loss or damage that may result from any dealings between you and any DCA or law firm. You should not engage any DCA or law firm without having conducted such checks to your full satisfaction.
Within the Site or Services, we may include information sourced from DCAs or law firms, including general news, legal updates and information and profiles of individual DCAs and law firms. We do not write or control that information and have no responsibility to you or any person for it. All such information is for general guidance only and is not consultancy advice. You rely upon such information at your own risk.
In the unlikely event that you have a dispute with a DCA or law firm, you must address such dispute directly to DCA or law firm. Whilst we ask to be notified of any dispute as soon as reasonably practicable for information only, we shall have no involvement, connection with or liability in respect of such dispute.
For the avoidance of any doubt, your use of the Site and/or Services releases Recoupera immediately and on a continuing basis from any and all claims, demands and damages of any kind arising out of or in any way connected with any dispute or dissatisfaction with a DCA or law firm.
ACCESSING THE SERVICES
Certain functions of the Website/the Services, will require an active internet connection. The connection can be Wi-Fi, or provided by a mobile network provider, but Recoupera Limited cannot take responsibility for the Website/the Services not working at full functionality if you do not have access to an active internet connection. In using the Website/the Services, you accept responsibility for any charges incurred for the cost of data for the duration of the connection while accessing the Website/the Services, or other third party charges, including roaming data charges. If you are not the bill payer for the device on which you’re accessing the Website/the Services, please be aware that we assume that you have received permission from the bill payer for using the Website/the Services.
LIMITATION OF LIABILITY
The Website/Services are provided without any guarantees, conditions or warranties as to their accuracy or functionality. To the extent permitted by law, we hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it (whether by us or a third party), including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect any liability which cannot be excluded or limited under applicable law, including death and personal injury.
By using our platform, you accept all legal liabilities, either personal or business-related, inherent or in relation to the debt claim, its title and its legitimacy, including but not limited to the veracity, authenticity and authority the company may have in such a claim. You also accept that the collection of your debt may be unsuccessful. Recoupera is in no way liable for this. We are an intermediary service connecting SMEs to DCAs/law firms and we offer no warranty or guarantee as to the success or legitimacy of any debt claims. Any damages you may suffer in relation to the conduct of the DCA/law firm appointed for your debt recovery, are only pursuable against the same DCA or law firm.
RELIANCE ON INFORMATION AND LINKS
Any content made available on the Website/the Services (including links to other sites, apps and resources provided by third parties) are for information only, and we shall not be liable for any use of, or reliance on, such materials. It shall be your own responsibility to ensure that any products, services or information available through the Services meet your specific requirements.
For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of Recoupera including but not limited to strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
Recoupera shall not be liable as a result of any delay or failure to perform its Services as described in this Contract as a result of a Force Majeure Event.
If the Force Majeure Event prevents Recoupera from providing any of the Services for more than three days Recoupera shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to you.
You may terminate your account with Recoupera Limited by emailing [email protected]. Terminating your account will not affect the availability of some of your content and any outstanding payments owed to us will still be payable.
We may terminate or suspend your account (and any related accounts) and your access to the Website/the Services at any time, for any reason, and without advance notice. If we do so, it is important to understand that you don’t have a contractual legal right to continue to use the Website/our Services. We may refuse access to anyone at any time for any reason.
If you or we terminate your account, you may lose any information associated with your account, including any content created by you.
We reserve the right to change, suspend or discontinue any of the Website/the Services at anytime, for any reason. We will not be liable to you for the effect that any changes to the Website/the Services may have on you, including your income or your ability to generate revenue through the Website/the Services.
The Terms will remain in effect even after your access to the Services is terminated or your use of the Website/the Services ends.
INDEMNIFICATION (OR WHAT HAPPENS IF YOU GET US SUED)
You agree to indemnify us from any legal claim or demand that arises from your actions, your use (or misuse) of the Website/the Services, your breach of the Terms or your account’s infringement of someone else’s rights.
These Terms, including all of the other documents that make up the Terms, supersede any other agreement between you and Recoupera Limited regarding the Website/the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms.
CHANGES TO THE TERMS
We may amend the Terms at any time by amending this page or, if we believe the changes are material, we will let you know by i) notifying you via the Website/the Services, or ii) sending you an email or messages about the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Website/the Services following the changes constitutes your acceptance of the updated Terms.
JURISDICTION AND APPLICABLE LAW
If you have any questions about the Terms, please email us at [email protected].
Last updated: 21st April 2017