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Terms of Service

Last updated: January 2026

1. Agreement to Terms

By accessing or using the DebtForce platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of a business, you represent that you have authority to bind that business to these Terms.

2. Description of Service

DebtForce, operated by Isaiah Dau (ABN 78 492 825 473), provides a software-as-a-service platform for accounts receivable management and commercial debt collection. Our Service includes:

  • Debtor management and tracking
  • Automated payment reminders and communications
  • Online payment portal for debtors
  • Payment plan management
  • Hardship assessment workflows
  • Integration with accounting software (Xero, MYOB)
  • Compliance monitoring and reporting

Important: Commercial Debts Only

The Service is provided exclusively for the recovery of Commercial Debts where the debtor is a registered business entity (Pty Ltd, Ltd, or equivalent). The Service is not currently available for Consumer Debt recovery where the debtor is a natural person, sole trader, or partnership acting in a personal capacity.

3. Regulatory Compliance

DebtForce operates in accordance with Australian laws and regulations, including:

  • ASIC Regulatory Guide 96 (Debt collection guideline)
  • Australian Consumer Law
  • Privacy Act 1988 (Cth)
  • Corporations Act 2001

By using our Service, you agree to conduct all debt collection activities in compliance with these regulations. You must not use the Service to engage in harassment, coercion, or misleading conduct.

4. User Obligations

As a user of the Service, you agree to:

  • Only upload Commercial Debt data - You warrant that any debtor data uploaded to the Service relates to registered business entities (Pty Ltd, Ltd, or equivalent). You must not upload debt data relating to natural persons, sole traders, or partnerships acting in a personal capacity.
  • Provide accurate and complete information
  • Maintain the confidentiality of your account credentials
  • Use the Service only for lawful debt collection purposes
  • Comply with all applicable laws and regulations
  • Not upload false or misleading debtor information
  • Respect debtor rights, including hardship provisions
  • Not attempt to circumvent our compliance controls

5. Contact Frequency Limits (Governor Service)

DebtForce is committed to ethical debt collection. Our proprietary Governor Service enforces compliance limits that cannot be overridden or bypassed:

  • ✓ Maximum 3 contact attempts per 7-day rolling period
  • ✓ Maximum 10 contact attempts per calendar month
  • ✓ Contact permitted only between 9am-9pm (debtor's local time)
  • ✓ No contact on Sundays or gazetted public holidays

These limits align with ASIC Regulatory Guide 96 and are enforced at the system level. Every contact attempt is logged for compliance audit purposes. This is not a guideline - it is a hard limit built into our platform architecture.

6. Hardship Obligations

When a debtor indicates financial hardship, you must:

  • Cease collection activity immediately (automated by our platform)
  • Assess the hardship application within 21 days
  • Offer appropriate hardship arrangements where warranted
  • Document all hardship interactions

Our Hardship Detection system automatically identifies hardship indicators and suspends collection activity pending review.

7. Fees and Payment

Subscription fees are billed monthly in advance. Fees for successful recoveries may apply as specified in your pricing plan. All fees are in Australian dollars and include GST where applicable.

We reserve the right to change our fees with 30 days' notice.

8. Limitation of Liability

To the maximum extent permitted by law, DebtForce's liability for any claim arising from the Service is limited to the fees paid by you in the 12 months preceding the claim.

We are not liable for indirect, incidental, special, or consequential damages, including lost profits or revenue.

9. Indemnification

You agree to indemnify and hold harmless DebtForce, its directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

  • Your use of the Service in violation of these Terms
  • Your violation of any applicable laws or regulations
  • Your violation of any third-party rights
  • The upload of Consumer Debt data in breach of Section 4 - You specifically indemnify DebtForce against any regulatory action, fines, or claims resulting from the collection of debts owed by natural persons, sole traders, or partnerships where the underlying transaction was for personal, domestic, or household purposes

10. Termination

Either party may terminate this agreement with 30 days' written notice. We may suspend or terminate your access immediately if you breach these Terms or engage in unlawful conduct.

Upon termination, you may export your data within 30 days. After this period, we may delete your data in accordance with our data retention policy.

11. Governing Law

These Terms are governed by the laws of Victoria, Australia. Any disputes will be resolved in the courts of Victoria.

12. Contact

For questions about these Terms, contact us at:

Email: legal@debtforce.app