1. Definitions 

1.1 "Company" refers to KS Credit Control Limited, including its employees, agents, and subcontractors. 

1.2 "Client" refers to the individual or entity engaging the Company’s services. 

1.3 "Services" refers to outsourced credit control, ledger collect-outs, debt recovery, debt verification, or any other service provided by the Company as agreed. 

1.4 "Agreement" refers to the contract formed between the Company and the Client upon acceptance of these terms and conditions.

2. Services 

2.1 The Company shall provide the Services with reasonable skill, care, and diligence, tailored to the Client’s needs as outlined in the service agreement. 

2.2 The scope of the Services will be agreed upon in writing before commencement. Any amendments must be mutually agreed in writing.

3. Fees and Payment 

3.1 All fees, including commission charges, will be subject to VAT at the applicable rate.

3.2 Fees for the Services will be detailed in a separate service agreement, invoice, or proposal document. 

3.3 Unless otherwise agreed, invoices are payable within 14 days of the invoice date. 

3.4 The Company operates a "No Collect, No Fee" model for certain services. Under this model:

• No upfront or start-up costs will be charged.
• Fees are only payable upon successful recovery. 
• Any settlement offers will be charged at the agreed commission rate, whether accepted or rejected by the client.
• For ledger collect outs, commission will be chargeable on all invoices paid, regardless of whether payment was made as a direct result of the Company’s efforts or through other means. This includes any payments resulting from settlement offers, customer-initiated payments, or any other resolution of outstanding balances. 

3.5 Commission will not be charged on invoices that are subsequently cancelled or reduced due to billing errors, disputes regarding service delivery, or where the Client acknowledger that the original charge was raised in error.

3.6 Interest on overdue invoices will accrue daily at 8% above the Bank of England base rate until payment is received in full. 

3.7 Any invoice disputes must be raised in writing before the due date. Disputes raised after the due date will not absolve the Client of their obligation to pay in full and on time. 

3.8 If stipulated by the Company, the Client shall provide purchase orders in writing prior to the commencement of the relevant work. The Company is not liable for delays or additional charges arising from the absence of a purchase order.

1. Debt Verification and Validity

3.9a      For commission-only assignments, the Client confirms that all debts referred to the Company are valid, due,         and supported by complete and accurate documentation.

3.9b      If, during the Company’s work, it is found that any portion of the referred debt is invalid, incorrectly raised, or not legally enforceable, the Company reserves the right to: 

• Charge for time spent verifying the debt at a rate of £150 per day;
• Exclude the invalid portion from the commission-based model;
• Or terminate the agreement in accordance with Clause 8.4

3.9c      The company is not liable for losses arising from the Client’s failure to issue accurate or complete documentation to support the debt.

4. Client Obligations 

4.1 The Client must provide accurate and complete information necessary for the Company to perform the Services. 4.2 Failure to disclose or withholding information may result in additional fees and/or delays. 

4.3 The Client agrees to maintain communication and promptly respond to the Company’s reasonable requests for information or instructions.

4.4 Misrepresentation and Withholding of Information

• If the debtor has not received the necessary documentation (invoices, contracts, purchase orders, etc) required to make timely payment, and this has not been disclosed prior to the assignment, this will be considered material withholding.
• Clients must not submit debts that are known to be incorrect, artificially overdue, or disputed without informing the Company. Any misrepresentation may result in termination of the agreement and additional charges. 

4.5 Fraudulent Activity If the company suspects any form of fraudulent activity, including but not limited to, deliberately altering invoice dates or misrepresenting the status of a debt to secure recovery, it reserves the right to:

• Terminate the agreement with immediate effect;
• Invoice the Client at a rate of £150 per day for all time incurred; 
• Invoice the Client any additional administrative costs reasonably incurred.

5. Confidentiality 

5.1 Both parties agree to keep all sensitive information exchanged during the engagement confidential, except where disclosure is required by law or agreed upon in writing. 

5.2 The Company will act under the Client’s branding (where applicable) and maintain discretion when interacting with third parties.

6. Liability 

6.1 The Company will not be liable for any indirect, consequential, or economic losses arising from the provision of the Services. 

6.2 The Company’s liability for any claim under this Agreement is limited to the fees paid by the Client for the specific service from which the claim arises.

7. Termination 

7.1 Either party may terminate this Agreement by giving 30 days' written notice. 

7.2 If the Agreement is terminated early by the Client, the full contract value or the full potential commission (for commission-based agreements) will be payable, regardless of whether recovery was successful. 

7.3 The Company may terminate the Agreement immediately if the Client breaches these terms or fails to pay any outstanding invoices.

7.4 If the Company terminate the Agreement due to a breach of these terms, the Client will be invoiced at a rate of £150 per day for each day the assignment was active, plus any additional administrative or incurred costs. Upon termination, the Company will notify the debtor that it no longer represents the Client and will provide no further advice or support in relation to the matter. 

8. Governing Law 

8.1 This Agreement shall be governed by and construed in accordance with the laws of England and Wales. 

8.2 Any disputes arising from or in connection with this Agreement will be subject to the exclusive jurisdiction of the courts of England and Wales.

9. Miscellaneous 

9.1 These terms and conditions constitute the entire agreement between the parties and supersede any prior agreements or understandings. 

9.2 Any amendments to this Agreement must be made in writing and signed by both parties. 

9.3 If any provision of these terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

Contact Information For further information or queries regarding these terms, please contact KS Credit Control Limited at:

• Email: info@kscreditcontrol.co.uk
• Phone: 0113 487 0765
• Address: Brook House, Church Lane, LS25 1HB