GENERAL TERMS AND CONDITIONS

BLACKWATER SOLUTIONS GHANA LIMITED

GENERAL TERMS AND CONDITIONS

FOR DEBT COLLECTION SERVICES

■       PREAMBLE

 1        These General Terms and Conditions apply to the performance of

all Debt Collection contracts with Blackwater Solutions Ghana Limited.

 2        Existing contracts, which contain other regulations or regulations

that are not in accordance with these General Terms and Conditions,

shall remain valid. In such case, each provision of these General Terms

and Conditions shall be applied unless another agreement contains a

contradictory provision.

Regulations for the Debt Collection Contract

■       Article I – FORM AND EXTENT OF OUT-OF-COURT DEBT COLLECTION SERVICES

No 1.  Blackwater Solutions Ghana Limited (hereafter referred as to “Blackwater Solutions Ghana Limited”) shall undertake the collection of undisputed debts out of court, and is empowered by the creditor or any other third party acting on behalf of the creditor (hereafter referred as to the “Client”) to make use of other debt collection agencies.

 No 2.  Out-of-Court Debt Collection Services (hereafter referred as to “Debt Collection”) cover the following activities:

(1) demand for payment,

(2) negotiation of payment conditions,

(3) supervision of instalment plans,

(4) investigation of the debtor’s credit standing,

(5) acceptance and handling of payments on behalf of the Client, and

(6) other appropriate measures.

 No 3. Should Blackwater Solutions Ghana Limited  believe it would be in the best interest of the Client and/or the creditor – in the event the Client is not the creditor – to take measures or to settle in a way different from the terms underlying the debt by

(1) reducing the amount of principal,

(2) allowing a grace period or instalment payments by the debtor, provided this term exceeds three months after the acceptance of the relevant debt collection order,

(3) satisfying payment obligations with other goods or

(4) other similar measures, Blackwater Solutions Ghana Limited shall obtain prior written approval from the Client.

No 4.  Debt Collection activities shall be initiated against a particular debtor after the Client has sent a written order directly to Blackwater Solutions Ghana Limited. Orders for Debt Collection that

were placed via https://baninii.com/category/blackwater/ (hereafter referred as to “E – platform”) require no additional signed order. In both cases, prior acceptance of the General Terms and Conditions for Debt Collection by the customer is required.

 No 5.  The signatory or person who submits a Debt Collection order hereby declares that he/she is properly authorized by the Client to do so, and agrees to be liable for any fee or other costs resulting from placement of this order.

No 6. Debt Collection activities shall end with the successful collection of the debt or with the negative closing of the case. “Successful” shall be defined as total or partial collection of the debt. “Partially collected” shall mean that no further payments will be made by the debtor. “Negative closing” shall mean that the debt could not be collected with the measures listed in Article I No 2 Points 1-6.

No 7.  The Client hereby authorizes Blackwater Solutions Ghana Limited to undertake on his/her behalf the actions referred to in No 2 and also authorizes Blackwater Solutions Ghana Limited to act on behalf of the Client. Blackwater Solutions Ghana Limited also reserves the right to authorize other debt collection agencies to act on behalf of the client.

 No 8.  Blackwater Solutions Ghana Limited reserves the right to cancel or reject a Debt Collection order at any time without providing a reason and without penalty or compensation.

 No 9.  Blackwater Solutions Ghana Limited shall comply with all regulations, ordinances, or laws governing Debt Collection in Ghana where its services are carried out.

No 10. On separate request by the Client, partners of Blackwater Solutions Ghana Limited will provide:

(1) legal advice on further debt collection steps.

(2) recommendation for an external or in-house attorney to arrange debt collection proceedings in-court. Any additional costs related thereto are not covered by the fees listed in Art II  No 2.

■       Article II – FEES FOR DEBT COLLECTION SERVICES

 1        The general regulations concerning fees are as follows:

(1) The partners in charge of Debt Collection shall be entitled to remuneration, which is regulated separately. The Client shall be informed of such remuneration through

a)       an individual offer and/or

b)       a price list and/or

c)        online via E – platform .

If not otherwise agreed, the standard Blackwater Solutions Ghana Limited conditions shall apply.

(2) The fees set forth in any of the sources listed in Art II No 1 Point 1 lit a-c are exclusive of VAT.

(3) In the event of partial payment, Blackwater Solutions Ghana Limited or the partner in charge of Debt Collection is entitled to submit a partial invoice.

(4) In case payments are effected by the debtor to the account of Blackwater Solutions Ghana Limited or one of its partners, any fee may be deducted therefrom.

(5) The fee shall be invoiced directly by the partner of Blackwater Solutions Ghana Limited, which was responsible for Debt Collection.

(6) VAT regulations may lead to differences in the amount of VAT charged.

(7) The payment conditions granted to the Client may differ for each partner.

 2. Blackwater Solutions Ghana Limited shall charge the following fees for its services:

(1) In the event of successful Debt Collection, a success fee shall be paid Blackwater Solutions Ghana Limited . This fee (plus VAT) is payable without deduction for any set-off or counterclaim as soon as  Blackwater Solutions Ghana Limited has received payment of the debt, following the placement of an order by the Client pursuant the laws of Ghana placement and a payment plan has been mutually accepted, Blackwater Solutions Ghana Limited entitled to charge 100% of the success fee calculated on the basis of the total amount of the payment plan. This clause does not apply if the order is terminated in the period stated under Art IV No 1

Rights and Obligations between the Client and Blackwater Solutions Ghana Limited

■       Article III – DIRECT CONTACT BETWEEN THE CLIENT AND THE DEBTOR

No 1.  The Client shall inform Blackwater Solutions Ghana Limited all contacts with the Debtor, any offers or payments, and any changes in the information provided to Blackwater Solutions Ghana Limited  when the order was placed.

No 2.  If the Client does not observe the provisions of No 1 and the activities of Blackwater Solutions Ghana Limited therefore become ineffective and impractical, Blackwater Solutions Ghana Limited  is entitled to close the Debt Collection file and charge 50% of the success fee calculated on the basis of the total amount of the claim.

■       Article IV – TERMINATION OF ORDERS

No 1

(1) The Client may terminate an order free-of-charge in written or signed form or via E – platform 24 hours after order-placement.

(2) If the debt is paid within the period stated under Point 1, the Client is not required to pay a fee.

No 2.  If the Client terminates an order within 90 days after the order date, Blackwater Solutions Ghana Limited  is entitled to charge 50% of the success fee calculated on the basis of the total amount of the claim.

No 3.  If the Client terminates an order after 90 days after the order date, Blackwater Solutions Ghana Limited is entitled to charge a negative flat fee in case the debt could not yet be totally or partially collected.

■       Article V – COMMUNICATION BETWEEN BLACKWATER SOLUTIONS GHANA LIMITED AND THE CLIENT

No 1

(1) Blackwater Solutions Ghana Limited is obliged to inform the Client of all important actions.

(2) With respect to liability, the regulations of Art VII No 3 Point 1-2 shall be applied.

No 2  The communication described in No 1 shall not be dependent on a particular medium or channel; it will be carried out primarily via E – platform for orders been placed via the E – platform.

No 3

(1) The Client shall provide Blackwater Solutions Ghana Limited or the partner in charge of Debt Collection with additional information or documents relating to the claim if previously requested by Blackwater Solutions Ghana Limited or by the partner.

(2) The Client agrees to transmit all documents and information to Blackwater Solutions Ghana Limited at his/her own risk, and only copies of relevant documents should be transmitted. Blackwater Solutions Ghana Limited shall accept no responsibility for documents. Blackwater Solutions Ghana Limited is not obliged to store documents for more than three months.

No 4.  If the Client is responsible for debt collection and Blackwater Solutions Ghana Limited acts as a subcontractor, the Client shall also provide additional information or documents relating to the services performed by the Client.

No 5

(1) The Client shall provide written notice to Blackwater Solutions Ghana Limited when the debt or any part thereof has been paid, as soon as reasonably practicable after receipt of payment but not longer than seven days following the date of such payment.

(2) If the Client fails to observe these provisions and the activities, and Blackwater Solutions Ghana Limited  therefore become ineffective or impractical, Blackwater Solutions Ghana Limited is entitled to charge a fee equal to the larger of 50% of the success fee calculated on the basis of the total amount of the claim and 100% of the success fee for the unreported payment.

No 6 .   If the Client does not confirm payment in due time as indicated in Art V No 5 Point 1, Blackwater Solutions Ghana Limited has the right to issue an invoice for the success fee on the basis of a bank transfer receipt provided by the debtor.

■       Article VI – DATA PROTECTION

With the placement of a collection order, the Client expressly acknowledges his/her compliance with the provisions of the Ghanaian Data Protection Laws for the processing and transfer of data and also agrees to the corresponding processinga nd communication of data by Blackwater Solutions Ghana Limited.

■       Article VII – LIABILITY

No 1.  Blackwater Solutions Ghana Limited shall handle all claims in accordance with provisions of Art I No 4. If the debt is not paid in full in the form of a lumpsum payment, the Client shall pay Blackwater Solutions Ghana Limited a proportion of the fee (plus VAT) equal to the percentage of the debt paid, as soon as any partial payment is received. Blackwater Solutions Ghana Limited shall also be entitled to a success fee if the debt is settled by the delivery of goods, returned shipments or services, irrespectively of the provision of Art I No 2 Point 1.

(2) In the event of negative closing of the case, no success payment shall be made to Blackwater Solutions Ghana Limited.

(3) If agreed, a registration fee or handling fee must also be paid.

No 3.  If the Client should ask Blackwater Solutions Ghana Limited to take further measures, which can be summarised under additional Debt Collection services as listed in Article I No 2 Points 1-4 and which are not connected with services provided under the conditions of in-court Debt Collection, any additional costs will be charged to the Client. In this case, the regulations of Article II No 1 will be applied analogously.

No 4.  The Client and – in the event the Client is not the creditor – the creditor shall have the right including, but not limited to reduction of the claim amount, offset or deferral of the claim against the debtor. In this case, and in the event of a successful collection the Client shall pay a success fee based on the total amount of the claim.

No 5  If the Client orders collection services for a debt that has been paid before the date of assignment and Blackwater Solutions Ghana Limited can submit evidence thereof to the Client, Blackwater Solutions Ghana Limited is entitled to a success fee equal to 50% of the amount due.

Debt Collection terms and conditions

Due to the special risks associated with Debt Collection, liability for all orders placed with Blackwater Solutions Ghana Limited

(1) is restricted to the fee charged by Blackwater Solutions Ghana Limited in the event of ordinary negligence, and

(2) is excluded with respect to agents not directly employed by Blackwater Solutions Ghana Limited. These agents may be

a)       employees of debt collection agencies, who have been commissioned by Blackwater Solutions Ghana Limited to proceed with Debt Collection, or

b)       persons authorised directly by the Client – and who are not employees of Blackwater Solutions Ghana Limited -to proceed on a debt collection case that has been received and accepted by Blackwater Solutions Ghana Limited. This regulation shall also remain valid if the Client appoints a person to collect the debt after Blackwater Solutions Ghana Limited has received and accepted an order.

No 2  Liability for information provided:

(1) Reports or information provided by Blackwater Solutions Ghana Limited to the Client may, in whole or in part represent expressions of advice or opinions based on data supplied by third parties. Blackwater Solutions Ghana Limited will be unable to verify the accuracy of such information in every case and will therefore accept no liability for any errors therein or omissions thereto.

(2) Blackwater Solutions Ghana Limited will not be liable for any loss or damage whatsoever as a result of the Client’s use of any report or information supplied by Blackwater Solutions Ghana Limited.

■       Article VIII – INVOLVEMENT OF THIRD PARTIES BY THE CLIENT

No 1. The Client may not submit or assign any claim for Debt Collection to any third party, which was previously submitted or assigned to Blackwater Solutions Ghana Limited, unless this order has been withdrawn or expired so as not to endanger collection of the Client’s debt.

No 2.  If the Client fails to observe the provisions set forth in No 1, Blackwater Solutions Ghana Limited is entitled to terminate the order and/or to charge 100% of the success fee calculated on the basis of the total amount of the claim.

■       Article IX – OTHER AGREEMENTS

All other agreements and amendments related to these “General Terms and Conditions for Debt Collection” shall only be valid in written form.

■       Article X – JURISDICTION AND APPLICABLE LAW

No 1  These General Terms and Conditions and all agreements between Blackwater Solutions Ghana Limited and the Client shall be governed and interpreted by Ghanian law.

No 2.  In the event of special agreements between a partner of Blackwater Solutions Ghana Limited and the Client, the applicable law shall depend on the country in which the subsidiary is located. It is also possible to designate the law of a third country or the country in which the Client is located as applicable. The partner and the Client must agree on the place of jurisdiction.

■       BLACKWATER SOLUTIONS GHANA LIMITED CONTACT DETAILS

Blackwater Solutions Ghana Limited

c/o Ghana Navy Stores Depot

Takoradi

T. +233 244157885

F. +233

E-mail:

Web: www.

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