Debt collection agreement

Debt collection agreement No. #__________
__________, Vilnius, Lithuania

JSC «Eurospektras», represented by the director Artem Sokurenko, hereinafter p_domain,
and ______________________________ , represented by ______________________________ (position, name, surname), hereinafter the Creditor, have agreed:

1. Definitions used in the contract.s

1.1. Creditor — a person who has concluded this agreement with p_domain and who has undertaken, per the procedure and conditions established therein, to pay for the services provided the amount established by mutual agreement of the parties.

1.2. Debtor — a legal entity with unfulfilled obligations (debts) to the Creditor.

1.3. p_domain — p_site website administrator.

1.4. Debt — an unpaid debt by one Debtor to the Creditor arising from one contract for the carriage of goods or the provision of services related to the carriage of goods (forwarding, etc.), including additional claims (forfeit, interest, etc.). A single contract is an agreement on the carriage of a specific cargo/load or partial cargo/load, which is transported by one vehicle along the route specified in the contract of carriage.

1.5. Other definitions used in the contract correspond to the definitions used in the Civil Code of the Republic of Lithuania and other laws.

2. Subject of the contract.

2.1. By this agreement, p_domain and the Creditor agree on the procedure and conditions for collecting debts from the Creditor’s Debtors, whose data is provided to p_domain via the Creditor.

2.2. By entering into this agreement, the Creditor instructs p_domain to act on behalf of and at the expense of the Creditor, recovering from the Debtor what he owes under the agreement, and p_domain undertakes to fulfill the order given to him per the terms of this agreement.

2.3. For the services provided, the Creditor pays p_domain the amount specified in this agreement, as well as compensates for additional costs that are not included in the amount of payment (state duty, translation of documents for the court, services of a lawyer in court, etc.).

3. Procedure and conditions for collecting debts.

3.1. The Creditor who has concluded this agreement and wishes to start the debt collection procedure based on an application made on the website p_site, provides p_domain with data on the debt and the Debtor, as well as documents confirming the debt (agreement or order, invoice) invoice for the provided transportation services, CMR invoice, downtime sheet, etc.).

3.2. An application for debt collection is considered received when the initial payment (p_price EUR for the provision of documents for one debt) is transferred to the p_domain account.

3.3. After receiving the documents and paying the initial fee, p_domain begins to take the actions provided for in clause 3.4 of this agreement or refuses to perform any actions to collect the debt and informs the Creditor about it. In case of refusal, the initial deposit is not returned to the Creditor.

3.4. p_domain, at its discretion, chooses debt collection actions (except for going to court). Debt recovery options include:
— warning the Debtor on behalf of p_domain orally, by fax, or e-mail;

— sending debt reminders to the Debtor by fax or e-mail daily or at other intervals;

— notification about the Debtor and the amount of the debt on p_site;

— sending messages about the Debtor and the amount of the debt to all p_site users using Cargo.Messenger;

— restriction or closing of the Debtor’s access to p_site;

— a warning about initiating bankruptcy proceedings following the procedure established in the Company Bankruptcy Law, etc.
3.5. A separate agreement provides judicial debt collection. The costs associated with applying to the court (state duty, translations, legal assistance, etc.) The Creditor pays additionally.

4. Rights and obligations of the parties.

4.1. p_domain is granted the following rights:

4.1.1. Act on behalf of and at the expense of the Creditor with the Debtors, representing the Creditor’s interests, seeking to collect the debts belonging to the Creditor.

4.1.2. Based on legal services and representation agreements, if necessary, taking into account specific circumstances, engage third parties to collect the Creditor’s debt and use their services, granting them the same powers granted by this agreement to p_domain.

4.1.3. Warn the Debtor about the possible initiation of bankruptcy proceedings, present claims to the Debtor, send reminders, etc.

4.1.4. On behalf of the Creditor, collect information about the Debtor to the extent necessary to collect the debt.

4.1.5. On a separate instruction of the Creditor, conclude all transactions that do not contradict the law related to the full or partial fulfillment of the Creditor’s requirements to collect the debt.s

4.1.6. Receive all the necessary documents for collecting the Creditor’s debt through pre-trial and judicial means.

4.1.7. Require the Creditor to immediately submit documents confirming the accuracy of information about the debt that the Creditor asks to collect.

4.1.8. Terminate the provision of services at any stage if the Debtor submits documents that prove that the Creditor’s claims are unfounded or that a legal dispute has arisen between the parties regarding the validity of the debt amount or for other reasons about which p_domain is not obliged to inform the Creditor.

4.1.9. Demand that the Creditor reimburse the losses incurred by p_domain — property and non-property damage arising from the fact that the Creditor provided false information about the alleged debt or the Debtor, as well as in all other cases, including indirect losses, reasonable costs that are associated with the assessment of losses and recovery, both in court and pre-trial methods and methods, as well as other costs specified with Art. 6.249 of the Civil Code of the Republic of Lithuania.

4.1.10. Other rights outlined in this agreement and in national and international laws.

4.2. The Creditor has the following rights:

4.2.1. Receive information from p_domain about the progress of debt collection by e-mail. The frequency of providing information at its own discretion in each case as established by p_domain.

4.2.2. Other rights outlined in this agreement and in national and international laws.

4.3. p_domain under this agreement undertakes:

4.3.1. When providing services, act honestly and carefully, and strive to ensure that the services provided correspond to the legitimate interests of the Creditor in the best possible way and not violate the legal interests of the Debtor.

4.3.2. Provide the Creditor with information about the progress of p_domain debt collection at regular intervals.

4.3.3. Inform the Creditor about the additional costs (state duty, translation costs, legal aid costs, etc.), as well as organize the provision of these services under a separate agreement with the Creditor.

4.4. The Creditor under this agreement undertakes:

4.4.1. Cooperate with p_domain.

4.4.2. Provide p_domain with factual information about your company/person and the Debtor, which is necessary to provide debt collection services.

4.4.3. Provide p_domain with all documents related to the debt (originals and certified copies).

4.4.4. Provide only factual information about the debt, its size and basis, and the Debtor.

4.4.5. If the Debtor repays the debt (directly, in exchange for services, etc.), the Creditor is obliged to inform p_domain about the debt repayment within two working days.

4.4.6. Accurately and within the deadlines set in the applications, fulfill the requests of p_domain, which are necessary for the execution of this contract, as well as adhere to the recommendations related to the collection of the debt from p_domain.

4.4.7. Timely pay the amount specified in this agreement for debt collection services.

4.4.8. Compensate for the damage (losses) suffered by p_domain.

4.4.9. If it is necessary to go to court to recover the debt, the Creditor is obliged to reimburse the court costs (state fee, translation services, lawyer’s fees, etc.) according to the invoice issued by p_domain.

4.4.10. Fulfill other obligations stipulated by laws and this agreement.

5. Payment procedure.

5.1. By submitting an application on the website p_site regarding collecting a specific debt, the Creditor pays p_price EUR on the invoice issued by p_domain.

5.2. In case of successful debt collection, the Creditor pays p_domain p_procent% of the amount collected, but not less than p_pricemin EUR, within five working days from the receipt of the p_domain invoice for the services provided.

5.3. The debt is considered collected in those cases when the Debtor repays the debt to the Creditor by transfer or in cash, as well as in other instances when a mutual claim exchange is performed, the Creditor waives his claim against the Debtor, etc., i.e., in any case, when the requirement of the Creditor to pay the debt is considered fulfilled or ends on another basis.

5.4. The debt under this agreement is considered collected, and the Creditor undertakes to reimburse for the services of p_domain, regardless of whether the Creditor has additionally performed other actions related to debt collection (he himself applied to the Debtor regarding the return of the debt, concluded other agreements on debt collection, etc.).

5.5. If the amount of the debt was transferred or entered the account of p_domain, p_domain has the right to deduct from the received amount the due service fee and other debts of the Creditor to p_domain.

5.6. The Creditor undertakes to pay p_domain 0.2% for each day of late payment for the services provided.

6. Liability of the parties.

6.1. The Creditor assumes full responsibility for the information provided to p_domain is true and undertakes to indemnify p_domain for all losses incurred due to the recognition of information as misleading, compromising, inadmissible, or otherwise contrary to laws.

6.2. p_domain is responsible for the services provided per the procedure established by law.

7. Termination of the contract.

7.1. p_domain has the right to terminate this agreement at any time and terminate the provision of services to the Creditor without returning the initial fee in writing (by e-mail, fax, or registered mail), notifying the Creditor about this. In this case, the contract is considered terminated from the moment the message is received from p_domain.

7.2. If the Creditor abuses his rights (arbitrarily, provides untrue information about the Debtor and the alleged right of claim, and this becomes known to p_domain, etc.), p_domain has the right to terminate this agreement without returning the initial fee and demand that the Creditor reimburse p_domain the costs associated with debt collection.

8. Other terms.

8.1. This agreement comes into force from the moment of its confirmation by the Creditor on the website p_site. Thus, the concluded contract is considered by the parties to be concluded in writing.

8.2. The parties undertake to resolve all disputes related to this agreement through negotiations. However, suppose the negotiations do not give the desired result. In that case, disputes will be resolved per the procedure established by the laws of the Republic of Lithuania, applying to the court at the location of UAB «Eurospektras», indicated in the Register of Legal Entities.

9. Details of the parties.

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