Main agrement

‍Definitions:

• Debitura: A digital platform specializing in first-party debt collection. Company ID: 36406208.
• Client(s): Consumers and businesses that utilize Debitura.com for debt recovery purposes.
• Partners (the partner): Law firms and debt collection agencies that provide assistance to Debitura’s clients. Partners offer quotes and set their own terms and pricing for each client on a case-by-case basis.
• Exclusive Pre-legal Partner: A partner granted exclusive rights to manage all pre-legal debt collection cases referred by Debitura within specified jurisdictions, in accordance with the terms outlined in Appendix 1. Exclusive partners adhere to the no cure, no pay pricing model and general terms set by Debitura.
• Leads: Notifications from the Debitura platform indicating that a client is seeking a partner’s services.

‍Introduction:

The purpose of this partnership is for the partner, to assist Debituras clients with legal service, debt recovery and related services. 

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Debitura’s digital platform facilitates the matchmaking process between the Client and the Partner, but Debitura is not a part of this transaction / agreement. 

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The purpose of this partnership for the partner is to get new clients via the leads referred by Debitura. 

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‍The Partnership Model:

‍Debitura.com aims to create a global network of partners to assist its clients in their debt collection process and dispute resolution. If a client requires the assistance of a partner, Debitura facilitates a "matchmaking process" by the following process:

1. The client provides relevant information about the debtor, claim, and creditor and grants permission for Debitura to share case materials with partners.
2. Each partner has a Debitura account with a public profile visible for clients, and a filter for what type of leads the partner is interested in. 
3. Debitura verifies the information and documents received by the client, before sending an email notification to up to 3 partners with a matching lead filer. 
4. Partners receive access to the case materials and provide a quote via the Debitura platform.
5. The client reviews the quotes and selects a partner.
6. Debitura sharing contact information between the client and the selected partner.
7. The client and partner formalize their agreement, and the partner commences the agreed work.

Debitura only facilitates the "matchmaking process" and is not a party to any agreements between the client and the partner. All terms and invoicing are to be agreed upon between the client and the partner.

Pricing: 

• All partners joining Debitura start with a completely free profile. Debitura charges no setup fees, commission or revenue share. 
• With a free profile, the partner can access up to 2 leads per month and provide quotes. 
• If the partner wants access to more than 2 leads per month, the partner can choose to upgrade to a paid Debitura plan. 
• With a paid plan, the partner can access unlimited leads per month, but is invoiced 15 USD per lead that the partner has received in the previous month. 
• All consumption (number of leads, if the partner has upgraded to a paid plan) will be invoiced by the end of the month, with a 10 days payment terms. 
• When upgrading to a paid plan, the partner can define a spending limit. This limit ensures that the partner only spends a fixed amount per month on leads, regardless of how many leads Debitura genres in the given period. 
• A paid plan can be canceled any time by sending an email to contact@debitura.com. Leads already shared with the partner, and within the partners spending limit, will be invoiced regardless of the cancelation. 

‍Debitura's Services and Obligations to its Partners:

• ‍Debitura offers its partners a free profile on its platform, which is visible to clients and used to generate leads.
• Debitura's goal is to generate up to 2 free leads per partner per month, but the exact number may vary based on the country, and Debitura does not guarantee a specific number of leads.
• Debitura is obligated to update the partner's profile upon request.

‍Partner's Obligations to Debitura:

By creating a profile on Debitura, the partner accepts the following obligations:

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Updated profile: Partners are responsible for ensuring that the information on their profile is correct and up-to-date. The partner should contact contact@debitura.com if any data on his profile should be updated.

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Professionalism: Partners are not obligated to provide quotes when they receive a new lead. But if the partner provides a quote, they must act professionally towards the clients. Clients can rate their experience with a partner, and Debitura will remove partners that get bad ratings from its platform.

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Profile link: Before a partner receives leads from Debitura, they must add a "do follow" link on their website, pointing to their profile on Debitura. This link helps Debitura rank better in Google, thereby attracting more clients and leads for its partners. As this is the only "payment" requested by partners, it is expected that partners add the link within 30 days of creating a profile on Debitura. Debitura will remove the partner from its network if the partner does not add the link.

‍Confidentiality:

‍The partner shall maintain the confidentiality of all confidential information disclosed by Debitura and shall use such information only for the purposes of providing services to clients.

‍Representations and Warranties:

‍The partner represents and warrants that it has the necessary licenses, qualifications, and authority to provide debt collection services and that it will perform its services in compliance with all applicable laws and regulations.

‍Indemnification:

‍The partner shall indemnify and hold Debitura harmless from any and all claims, damages, and expenses arising from the partner's provision of services to clients, including without limitation any claims of breach of contract, negligence, or violation of the law.

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‍Limitation of Liability: 

‍In no event shall Debitura be liable to the partner for any indirect, incidental, punitive, or consequential damages arising from this agreement or the provision of services to clients, regardless of whether such damages were foreseeable.

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‍Termination: 

‍Either party may terminate this agreement at any time, for any reason, by giving written notice to the other party. Upon termination, Debitura must remove the partner's profile from its website. Please get in touch with contact@debitura.com if you want to terminate this agreement.The above constitutes the entire agreement between Debitura and the partner and supersedes all prior negotiations, understandings, and agreements between the parties.

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Appendix 1: Terms for Exclusive Partnership for Pre-Legal Cases

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Introduction:

Debitura operates primarily through a non-exclusive partnership model where we refer a variety of debt recovery cases, including legal cases, to our partners based on their expertise and regional presence. However, in certain jurisdictions, Debitura extends a unique opportunity through an Exclusive Pre-Legal Partnership.

This exclusive partnership model is specifically designed for pre-legal debt recovery cases and offers a distinct set of advantages and responsibilities compared to our standard model. Under this arrangement, partners are granted exclusive rights to handle all pre-legal debt collection cases referred by Debitura in their designated jurisdictions.

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How the Exclusive Pre-Legal Partnership Works:

• Exclusivity: Partners in this program receive all pre-legal cases within specified jurisdictions, ensuring a consistent flow of cases without competition from other firms in our network.
• Case Management: Debitura manages the initial data gathering and case preparation, providing partners with comprehensive case files ready for action. This streamlines the process for partners, allowing them to focus on case resolution rather than administrative tasks.
• Client Acquisition: Debitura handles all aspects of client acquisition and initial engagement. Partners benefit from a steady stream of new clients funneled directly through Debitura’s platform, significantly reducing the cost and effort typically associated with client outreach and conversion.
• Revenue Model: The exclusive partnership operates on a revenue-sharing basis. Partners do not pay upfront for leads or referrals but agree to share a portion of the revenue generated from successful case resolutions with Debitura.
• Operational Support: Debitura provides ongoing support through our advanced online platform, which facilitates seamless communication between partners and clients and offers tools for regular case updates and management.

This type of partnership is designed to maximize the efficiency and effectiveness of pre-legal debt recovery efforts by leveraging Debitura’s global network and digital platform capabilities, while providing partners with exclusive access to a lucrative market segment.

For the exclusive pre-legal partnership the general partnership terms and the following applies: 

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Debitura’s Obligations to Exclusive Pre-Legal Partners:

• Exclusive Case Sharing: Debitura commits to sharing all pre-legal cases within the agreed-upon jurisdiction(s) exclusively with the exclusive pre-legal partner, ensuring a dedicated and uninterrupted flow of cases.
• Information Collection: Debitura is responsible for collecting all necessary information and relevant documents from creditors and debtors that the exclusive pre-legal partner needs to initiate the case effectively.
• Terms of Service Acceptance: Debitura ensures that all clients accept the general terms of service before proceeding, safeguarding compliance and understanding across all parties.

Obligations of Exclusive Pre-Legal Partners:

• Case Acceptance: The partner is required to accept all valid pre-legal cases (both B2B and B2C), ensuring comprehensive service provision within the specified jurisdiction.
• Standard Pricing Model: The partner must offer standard no cure, no pay rates for clients with pre-legal cases referred by Debitura, maintaining consistency and fairness in billing practices (see appendix 2). 
• Adherence to Terms: The partner is obliged to conduct pre-legal debt collection in accordance with the general terms and conditions provided by Debitura.
• Legal Action Protocol: For any legal actions that fall outside the scope of pre-legal collections, the partner must provide a custom quote based on their own terms and pricing, distinct from the standard rates set for pre-legal services.
• Prompt Case Initiation: The partner is required to initiate the collection process within 24 hours of receiving a new case from Debitura. If any essential information is missing to start the case, the partner must promptly inform both Debitura and the client.
• Client Support: The partner is responsible for providing ongoing support to the clients whose cases they manage. This includes responding to any client inquiries within 2 working days.
• Communication and Updates: The partner must utilize the Debitura platform for all communications with clients and provide weekly updates on the status of all referred pre-legal cases, ensuring transparency and timely information sharing.

Revenue Share Model for Exclusive Pre-Legal Partnerships:

• No Upfront Payment: Exclusive pre-legal partners are not required to pay upfront for client leads. Instead, the partnership operates on a revenue-sharing basis.
• Standard Revenue Share: Partners agree to share 40% of the revenue generated from each pre-legal case referred by Debitura. This amount is invoiced by Debitura after the successful resolution of each case, reflecting our role in providing quality leads and operational support.
• Continued Revenue Share: If the partner enters into any direct agreement with the client that bypasses our platform, Debitura retains the right to 40% of the revenue from such agreements for the next 12 months. This ensures that Debitura is compensated for initially facilitating the partner-client relationship.
• Reduced Share for Legal Actions: In situations where cases escalate to require legal action, the revenue share payable to Debitura is reduced to 20%. This reflects the partner's increased involvement and resource allocation to resolve the case legally.
• Direct Client Relationships: Partners manage direct relationships with the creditors, enhancing personal and effective service delivery. This autonomy empowers partners to build strong, direct communication channels with clients.
• Fee Retention Upon Success: Partners retain the agreed-upon fees, including any interest and late payment fees, before disbursing the principal amount to the creditor. This model incentivizes partners to successfully resolve cases while ensuring that they are fairly compensated for their efforts.
• Transparent Financial Arrangements: Clear revenue sharing terms are established to maintain transparency between Debitura and the partners. Debitura's invoicing of the revenue share is based on the total revenue collected from successfully resolved cases, supporting the continuous provision of high-quality leads and maintaining the platform’s operational integrity.

Termination Conditions: 

The exclusive partnership can be terminated following the main terms. All active cases already shared with the partner have to be finished by the partner at the terms and success fees accepted by the client (the general terms). 

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Initiation of an Exclusive Pre-Legal Partnership

Default Partnership Status: By default, all new partners begin their association with Debitura as standard “partners,” as defined in the main terms. This status involves the general partnership model which does not include exclusive rights to pre-legal cases.

Transition to Exclusive Partnership: To elevate a partner to the status of an “Exclusive Pre-Legal Partner,” a formal agreement must be explicitly made in writing between Debitura and the partner. This agreement will delineate the specific jurisdiction(s) covered by the partner. 

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Appendix 2: Template for Pre-legal Debt Collection Agreement

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Definitions:

• Debitura: A digital platform specializing in first-party debt collection. Company ID: 36406208.
• Client(s): Consumers and businesses utilizing Debitura.com for debt recovery purposes.
• Pre-legal Debt Collection Cases (Cases): Undisputed monetary claims uploaded to the Debitura Platform for collection without court involvement.
• Exclusive Pre-legal Partner (The Partner): The debt collection firm or law firm handling the Client's cases via the Debitura Platform within the following jurisdiction(s): [Jurisdiction], company name: [Company Name], company registration ID: [Registration ID], company address: [Company Address].

Introduction:

The Client utilizes the Debitura platform to manage pre-legal debt collection cases, which are uploaded directly to the platform. Debitura acts solely as a facilitator in the debt collection process and does not provide legal support. This agreement outlines the framework within which the Exclusive Pre-legal Partner will handle the Client's cases.

Besides this agreement, Debitura’s general terms and conditions also apply to both clients and partners, providing additional governance on the use of the Debitura platform and services.

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Debitura's Role:

• Debitura is not a collection agency or law firm but provides the software infrastructure to facilitate the debt collection process.
• Debitura is authorized to share all data received from the Client with the Partner, and vice versa, to facilitate case management.

Partner and Client Relationship:

• The relationship concerning debt collection cases is directly between the Client and the Partner.
• All financial transactions and legal responsibilities concerning the debt collection are managed between the Client and the Partner. 

Debt Collection Cost:

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No Cure, No Pay Model: The Partner operates on a no cure, no pay basis for pre-legal debt collection cases. This means that the Client is not required to pay any upfront fees or other charges unless the debt is successfully recovered.

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Success Fee: If the debt is recovered, the Partner charges a success fee based on the recovered amount. The success fees are structured as follows:

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• For claims of $0 to $1,999, the success fee is 30%.
• For claims of $2,000 to $7,999, the success fee is 20%.
• For claims of $8,000 to $74,999, the success fee is 15%.
• For claims of $75,000 to $149,999, the success fee is 10%.
• For claims above $150,000, the success fee is 7.5%.

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Additional Costs: All late payment fees, interest fees, and other legally permissible costs added to the principal of the claim are payable by the debtor. If such fees are collected, they are remitted to the Partner.

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VAT Application: VAT is applicable to all prices and the success fee, calculated based on the VAT rate where the Partner is incorporated.

Scope: The outlined fee structure applies exclusively to cases that can be managed without court involvement, known as pre-legal cases.

Legal Actions:

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Custom Quotes for Legal Actions: If a case requires legal intervention, and the Partner is equipped to provide such services, a custom quote will be offered. The Client and the Partner must agree on all terms and pricing for legal actions beforehand.

This fee structure ensures that the Client incurs no financial risk unless the debt is successfully collected, aligning the interests of the Client and the Partner towards a successful resolution. All financial terms, including potential legal actions, are transparently discussed and agreed upon prior to engagement, ensuring clarity and mutual understanding.

Payments and Handling of Client Funds

Payment Procedures:

• Default Payment Pathway: By default, all payments made by the debtor are to be made directly to the Partner. By agreeing to these terms, the creditor acknowledges that payments made directly to the Partner satisfy the debtor’s obligation (discharging effect).
• Allocation of Funds: After successfully recovering a case, the Partner will deduct the success fee, interests, late payment fees, other applicable fees paid by the debtor, and VAT. Within 20 days of recovery, the Partner will disburse the remaining balance to the Client.

Notifications of Direct Payments:

• Client’s Responsibility: If the debtor makes a payment directly to the Client, it is the Client's responsibility to inform the Partner of such payment via email or phone within three (3) days of receipt.
• Financial Obligations: Receipt of the principal amount by the Client from the debtor does not absolve the Client of the obligation to pay the Partner for services rendered. The Client remains responsible for transferring the agreed-upon commission and fees to the Partner, who will issue an invoice accordingly. This process is designed to ensure that all parties are clear about their financial duties and that payments are processed efficiently and on time.

Currency and Exchange Rates:

• Currency Equivalence: The Partner’s success fees will be calculated based on the prevailing currency exchange rates at the time of payment. For simplification, all currency values will be considered equivalent to USD for the purpose of calculating dues.
• Exchange rate costs, credit card fees and banking fees are to be covered by the client and will be deducted from the principal amount. 

Collection Period

Initial Period:

• Upon submission of a case to Debitura, a "collection period" of six months commences. This period is defined as the duration during which the Partner is actively engaged in recovering debt on behalf of the Client.

Extensions of Collection Period:

• Written Promise to Pay: The collection period is extended by an additional 12 months if, after case submission, the debtor provides a written promise to pay either the Partner or the Client.
• Payment Agreement or Actual Payment: Similarly, if a written payment agreement is signed, or any payment is made by the debtor to either the Partner or the Client after case submission, the collection period will be extended by another 12 months.

Exclusivity and Engagement of Other Parties:

• During the collection period, the contractual agreement between the Client and the Partner is exclusive. The Client is prohibited from engaging other debt collection agencies or legal representatives for the submitted cases.
• If the Client contracts another party for these services within the collection period, they are required to pay the full fees to the Partner immediately, calculated as if the total claim, including all additional fees accrued, were paid by the debtor.

Case Withdrawal:

• During Collection Period: The Client may not withdraw the case during the collection period without fulfilling the obligation to pay the full success fee agreed upon with the Partner.
• After Collection Period: After the collection period ends, the Client may withdraw the case without incurring any fees, and the exclusivity clause no longer applies.

Installment Payments and Discounts:

• Installment Payments: The Partner is authorized to arrange installment payments with the debtor, permitting the debt to be settled over a period of up to 24 months. This arrangement can be made without requiring prior approval from the Client, facilitating flexible payment solutions that may increase the likelihood of debt recovery.
• Discounts: The Partner may also offer discounts on the principal amount owed by the debtor. Discounts can be applied up to 25% of the principal amount without needing consent from the Client. This discretion allows the Partner to negotiate effectively with debtors to secure payment, enhancing the overall success rates of debt collection efforts.

The Partner's Obligations towards the Client:

• Professional Services: The Partner is required to provide professional pre-legal debt recovery services that comply with all legal frameworks applicable in the relevant jurisdiction.
• Debtor Contact: The Partner must utilize all available means to contact the debtor in order to negotiate a full payment, partial payment, or payment plan arrangement.
• Client Representation: The Partner is obligated to act in the best interests of the Client at all times during the debt recovery process.
• Communication and Updates: The Partner must regularly update the case status on the Debitura platform and respond promptly to any inquiries or questions from the Client.

The Client's Obligations:

• Information Provision: The Client is required to provide all requested information regarding themselves, the debtor, and the case as requested by Debitura or the Partner.
• Notification of Disputes: The Client must inform the Partner if the debt is disputed or becomes disputed. It is understood that disputed cases cannot be processed through amicable debt collection methods.

Termination:

• Agreement Termination: The agreement can be terminated by any party without notice. However, specific conditions apply post-termination:some text
  • Ongoing Collections: The Partner is required to continue the debt collection process for active cases under the agreed terms, despite the termination of the agreement.
  • Withdrawal of Cases: The Client may not withdraw cases during the collection period without fulfilling the obligation to compensate the Partner as previously agreed. This ensures that the Partner's efforts in debt recovery are duly recognized and compensated, even if the agreement is terminated prematurely.