TERMS AND CONDITIONS

1.Introduction

The following terms and conditions apply for Oddcoll´s website, so please read them carefully. By using the site, and/or by registering with us, you are agreeing to the terms in this agreement and Oddcoll’s Privacy Policy. The Website is provided by Oddcoll AB, a limited liability company, registered in Sweden under company number 559047-739 and VAT-number SE559047733601

2.Definitions

Oddcoll/We/Us = Oddcoll AB, as well as our affiliates, directors, subsidiaries, officers, and employees. (The Debt Collector is not a part of Oddcoll)

“The User”/”The Client”/You/Your/ = Anyone (except “Debt Collectors”) visiting and/or using the services on Oddcolls website.

Debt Collector = A third-party entity whom are contracted to collect overdue debts. The Debt Collector can both be a Debt Collection agency or a Law firm, but they always hold permit, in accordance with their national legislation, to collect debts in their country.

The Terms/Agreement = Terms and conditions and Privacy Policy.

The Website/site/platform = Refers to Oddcolls website located at https://www.oddcoll.com. All subpages and subdomains, all content, and all services available at or through the website.

Debt Collection Agreement = The contractual conditions between the Client and the Debt Collector regarding the recovery of the uploaded debt. (Oddcoll is not a party to this contractual relationship.

3.Our Service and Website

Oddcoll is not a Debt Collection Agency. Oddcoll is a platform for connecting businesses to debt collectors in European countries where the debtor is domiciled, to collect claims against legal entities.

By using our website, a client can enter a Fixed Debt Collection Agreement directly with a Debt Collector in the debtor’s (European) domiciled country. All communication between Users is made directly through their “User Accounts” on the platform.

Oddcoll performs no collection services and is not responsible for the execution and quality of any assignments. Rights and obligations relating to the Debt Collection Agreement are therefore outside Oddcoll’s responsibility.

4. Accessability

The site is accessible via the Internet every day. Oddcoll reserves the right shut down the Site or parts of the site for maintenance or updates.

5.Modification

Oddcoll may modify the Terms at any time, at their sole discretion. Should this be necessary, we will let you know either by posting the modified Terms on the Site or through other communication. It is important that you review the modified Terms because, if you continue to use the Services after we have informed you that the Terms have been modified, you are indicating to Oddcoll that you agree to be bound by the modified Terms. If you do not agree to be bound by the modified Terms, then you may no longer use the Services. Because Oddcoll’s Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

6.User accounts

To use the services on the website, you have to register for an account, provide accurate and complete information, and keep your account information updated. Oddcoll offers the Site and Site Services for your business purposes only.

Each account must be a personal account, but Users act as a sole trader, company or any other legal entity (whether incorporated or unincorporated). You represent and warrant that you have the authority to bind the legal entity you represent to this agreement.

You are responsible for maintaining the confidentiality of the password associated with your Oddcoll account and agree that you are responsible for all activities that occur under that password or account. Oddcoll will not be responsible for any liabilities, losses, or damages arising from the unauthorized use of your computer (or any computing device) or your account.

You are responsible for all data you upload on the platform and you agree not to use the “Oddcoll” platform in any unlawful or immoral way Oddcoll reserves the right to terminate an account should they become aware that anyone is using the platform in any unacceptable way. You shall in particular not:

Use the Site or Services to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
cause Oddcoll to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of Lexoo is in any way impaired; or
Submit to Oddcoll any corrupted files, files that contain viruses, or any other item that may damage the operation of a computer or other electronic device; or
Upload any claim against natural persons or to the type of business entity that is owned and run by one natural person and in which there is no legal distinction between the owner and the business.

7.Multiple personal accounts connected to one legal entity

Several personal user accounts can be linked to the same legal entity. An existing User can, by email invitation, invite additional persons to create accounts for the same legal entity. The invited persons sign up and create personal accounts linked to the legal entity.

Several representatives can, through their own personal accounts, then administer the cases of their legal entity.

8.The Debt Collection Agreement

Oddcoll is offering an electronic meeting place, where registered Users can enter a Fixed Debt Collection Agreement for European B2B claims. The recovery process includes recovery activities in the Amicable Stage (Out of court Debt Recovery), the Judicial stage (Legal actions for uncontested claims) and services for Enforcement and Insolvency proceedings.

The service does not cover disputed claims which are to be settled in court or arbitration. A client and a Debt Collector can, of course, agree of such services in such cases.

The client and the Debt Collector create a Debt Collection Agreement between themselves and Oddcoll is not a party to that contract. Oddcoll is not a Debt Collection Agency. Oddcoll is not permitted, cannot, and has no obligation to conduct Debt Collection Services for Users of the Website.

The client chooses the country where the debtor is domiciled and is assigned to a Debt Collector in the selected country.

The client uploads details about the claim and accepts the terms for the Debt Collection Agreement on the platform. The Debt Collector then accepts the terms by sending the Client a confirmation that the collection process has started. The uploaded claim must be against a legal entity. The claim must be due, undisputed and must not be neither time-barred nor acquired.

The revenue model for the Debt Collectors are “No collection – No fee” This means that Client only pays for successful cases. The commission is 9,5% of the collected principal and interest amount. The agency is entitled to all statutory recovery costs paid by the debtor. The amount of the statutory recovery costs varies between countries. Expenses normally occur for actions taken in the judicial- and enforcement/insolvency proceeding stages. The client pays these costs but must approve the actions beforehand. The debtor can often be imposed these costs. Ask the Debt Collector what specifically applies in your case. Costs and fees are often written off first for payments received from Debtor.

9.Oddcolls access to data

Oddcoll can see details about the claim, the parties and the recovered amounts in the uploaded cases. Oddcoll only uses this information in the context of their own business to keep statistics on the data flowing through the website, provide the best possible service on the website and to be able to invoice their partners properly.

The communication conducted between Client and Debt Collectors are always confidential and neither Oddcoll or other third parties can access the conversations.

10.Third-Party Web Sites

There may be links to other websites from our Site. These links are not an endorsement by Oddcoll and we are not responsible for the content of other websites. If you access any linked website, you do so at your own risk. Third party sites are governed by their own Terms of Use and Privacy policies.

11.Disclaimer

Oddcoll is not a party to the Debt Collection Agreement between the Users. Oddcoll disclaims any liability in terms of rights and obligations between the Users. In case of disagreement, users should first approach the other party for a solution. Oddcoll does not engage in resolving any disputes between users.

Oddcoll provides the website and Service “as is” without warranty of any kind. Oddcoll expressly disclaims all warranties, whether express, implied or statutory, regarding the Website and the service including, without limitation, any warranty of merchantability, fitness for a particular purpose, title, security, accuracy, and non-infringement.

Specifically, Oddcoll makes no representation or warranty that the information provided or that is provided through the Service is accurate, reliable or correct, that the Service meets your requirements; that the Service will be available at any particular time or location, that the Service will function in an uninterrupted manner or be secure, that any defects or errors will be corrected, or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your use of information, content or other material obtained from the Service.

At the initiation of collection cases, Oddcoll undertakes to transfer the necessary information from the uploaded invoice to the relevant Debt Collector. Oddcoll does not guarantee that such transfer will be free from errors. The Client and Debt Collector should ensure that the details of an assignment are accurate and otherwise correct.

12.Limitation of liability

To the extent permitted by applicable law, in no event will Oddcoll be liable for any consequential, incidental, indirect, exemplary or special damages, or loss of profits, use, or data arising from your use or inability to use the Service, whether based on warranty, contract, tort, (including negligence) or any other legal theory, and whether or not Oddcoll has been informed of the possibility of such damage. Oddcoll will have no liability for any failure or delay due to matters beyond our reasonable control.

13.Intellectual property rights

Oddcoll retains ownership of all intellectual property rights of any kind related to the Website and Service. Any other trademarks, service marks, logos and/or trade names appearing on the Site are the property of their respective owners. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights displayed in or along with our Services.

14.Severability

This agreement will be enforced to the fullest extent permitted by applicable law. If anything in this agreement is unenforceable, illegal or void then it is severed and the rest of the agreement remains in force.

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15.Governing law and jurisdiction

This Agreement shall be governed by, and construed in, accordance with the laws of Sweden (without regard to conflicts of legal principles).

Any dispute arising from or related to, these terms or the Site shall be subject to the exclusive jurisdiction of the Swedish courts. However, we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

Oddcoll

For all questions, big as small, email us at [email protected] or call us on +46 732 363 410

© 2017 Oddcoll AB