Qadir Collections Terms and Conditions

1.0 Introduction

This document constitutes a binding agreement between the parties herein:
1.1: Qadir Collections: A debt recovery firm specializing in pre-legal debt collection, small claims assistance, and demand letter services, registered in US with the company identification number: 7530554, and situated at 651N Broad St. Suite 201, Middletown, New Castle DE. The term is effective from 12th of October 2023.
1.2: The Creditor: The individual or entity engaging with the services provided by Qadir Collections for debt recovery and related services.
1.3: By initiating a case or engaging with the services offered by Qadir Collections, the Creditor signifies their acceptance and adherence to the terms outlined within this agreement.If you don’t agree to the terms of this Agreement, you may not access or use any of Qadir Collections services. The Services are intended for use by persons 18 years of age or older. If you are under 18 years of age, you may not access or use our services.
1.4: It is the clients responsibility to review this Agreement periodically. If at any time you find this Agreement unacceptable or if you don’t agree with this Agreement, do not use any of our services. 


2.0 Definitions

In this document, the following terms shall have the meanings set forth below:
2.1: The Creditor: The individual or entity engaging the services of Qadir Collections for debt recovery, small claims assistance, and/or demand letter services.
2.2: Qadir Collections: The entity responsible for providing debt recovery and related services as outlined in this agreement.
2.3: Debtors: The individuals or entities owing money to the Creditor, or representing the opposing party (defendant) in disputes.
2.4: Pre-legal Debt Collection: The process of recovering debt before any legal actions are initiated, managed by Qadir Collections as per the terms agreed herein.
2.5: Small Claims Assistance: A service provided by Qadir Collections to assist the Creditor with preparation and facilitation of small claims disputes.
2.6: Demand Letters: Formal letters sent by or on behalf of the Creditor through Qadir Collections to Debtors, requesting payment or another action.
2.7: Legal Debt Collection: The process of recovering debt through legal channels, facilitated by Qadir Collections in coordination with external legal partners.
2.8: Surveillance Collection: An ongoing collection process facilitated by Qadir Collections when other collection efforts have failed to recover the debt.
2.9: Services: The services offered by Qadir Collections including, but not limited to, pre-legal debt collection, small claims assistance, demand letters, legal debt collection, and surveillance collection.
2.10: Success Fee: A fee charged by Qadir Collections to the Creditor upon successful recovery of debt or resolution of a claim, as outlined in the pricing section of this agreement.
2.11: Partners: External third-party legal firms or entities engaged by Qadir Collections or the Creditor for legal actions or other services related to debt recovery.


3.0 Scope of Our Services and Legal Disclaimer

3.1: Service Provision: Qadir Collections offers a range of debt recovery services including pre-legal debt collection, small claims assistance, and demand letter services. Our goal is to support Creditors in recovering amounts owed to them by Debtors, and to assist in the resolution of monetary disputes.
3.2: Licensing and Representation: Qadir Collections does not hold any collection agency licenses. In jurisdictions that require collection agencies to be licensed, Qadir does not represent the client as a collection agency but operates as an outsourced service, acting as the first party creditor. In such jurisdictions, Qadir does not provide third-party collection services and any action taken is in the capacity of an outsourced service for first-party collections.
3.3: No Legal Advice or Representation: Qadir Collections is not a law firm and does not provide legal advice or representation. Our services are designed to facilitate debt recovery and dispute resolution, but we do not represent Creditors in a legal capacity. Creditors are advised to consult with legal professionals for advice concerning specific legal matters.
3.4: Third-Party Legal Partners: For services requiring legal action, Qadir Collections collaborates with external third-party legal partners. The engagement of these partners is carried out with the Creditor’s consent and under separate agreements directly between the Creditor and the legal partner.
3.5: No Guarantee of Outcome: While Qadir Collections endeavors to recover the amounts owed to Creditors, there is no guarantee of success, and the outcome of each case may vary. The recovery of debts and resolution of disputes are subject to various factors beyond our control, including the financial circumstances of Debtors and the effectiveness of legal processes.


4.0 Debt Collection Services – Terms and Fees

4.1: Pre-legal Debt Collection:
Qadir Collections operates as a debt recovery firm, aiding clients in securing unpaid amounts on a “No Successful Collection, No Fee” basis. This entails no charges to the Creditor if no recovery is made from the Debtor. Cases can be initiated at any time free of charge.

4.1.1: Pricing and Costs:
– All pre-legal collections are conducted on a “No Successful Collection, No Fee” basis.
– The success fee is determined as per the graduated scale detailed at Global Claims.
– Success fees are applicable on all payments collected during the Pre-legal process, with updated prices available at Local Success Fee Pricing for UAE claims and Global Success Fee Pricing for global claims.
– All prices are exclusive of VAT.
– Success fees are subject to change with a 14-day notice for new cases exclusively; existing case fees remain unchanged unless mutually agreed otherwise.
– Qadir Collections reserves the right to add fees and interest to the debtor if unpaid; if the Creditor receives the principal but Qadir Collections doesn’t receive the fees, collection efforts to recover all fees will continue.
– On settlements and agreed discounts, Qadir Collections charges the full fees and the remaining amount is then split by the success fee table, unless otherwise agreed.
– Costs related to payment fees, including but not limited to credit card fees, exchange rate loss, or bank fees, are in addition to the success fee.

4.1.2: Pre-legal Debt Collection Terms:
– Once the case is submitted to Qadir Collections, it cannot be withdrawn unless the creditor pays the full success-fee. However, if a case remains unresolved after 3 months of pre-legal collection efforts, it can be withdrawn without incurring any fees.
– The pre-legal debt collection process lasts for three months. At the end of this period, we’ll review the case and may recommend legal actions through one of our partners. Opting for legal actions incurs additional costs, but is always optional. If the creditor chooses not to pursue legal actions, the pre-legal collection will proceed.
– The engagement with Qadir Collections is exclusive. During the 3-month pre-legal collection period, the creditor is prohibited from employing the services of other debt collection agencies or legal representatives for the cases in question. Should the creditor engage another party for these services within this period, our full success fee becomes immediately payable by the client.
– Qadir Collections can always without the creditors approval accept installments where the debtor pays the debt up to 24 months.
– Discounts of 25% of the principal can be accepted by Qadir Collections without the Creditor’s consent, with Qadir Collections still receiving the fees and a percentage of the commission based on the paid principal.
– Creditors are responsible for informing Qadir Collections right away in the event that the debtor disputes the claim directly to the Creditor.

4.1.3: Legal Debt Collection:
– Post pre-legal collection, in the event of a non-response from the debtor or unsuccessful payment, dispute, or insolvency, Qadir Collections will present a proposal to the Creditor, outlining the available options for legal action as per the Creditor’s preference. It is important to note that any legal proceedings will be managed separately from Qadir Collections services, and all parties involved will be expected to comply with relevant legal and regulatory requirements.

4.1.4: Surveillance Collection Terms:
– Post the pre-legal period, in the event of non-response from the debtor or no payment, Qadir Collections will propose a Surveillance process to the Creditor as the next stage of debt collection as per the Creditor’s preference.
– The Surveillance process is typically resolved within a period of three to six months, depending on the case complexity.
– Creditors have the right to withdraw the case at any time during the process, however, Qadir reserves the right to charge an invoice of 250.00 USD to compensate for the time and effort wasted.
– Installments accepted by Qadir Collections without the Creditor’s approval, where the debtor pays the debt within 48 months.
– Discounts of 50% of the principal can be accepted by Qadir Collections without the Creditor’s consent, with Qadir Collections still receiving the fees and a percentage of the commission based on the paid principal.
– Surveillance constitutes an ongoing debt collection procedure implemented when the debtor fails to make payments or respond to payment reminders during the pre-legal collection phase.

4.1.5: Payments and handling of client funds
– By default all payments by the debtor, are made directly to Qadir. By accepting these terms, the creditor accepts, that client can pay Qadir with discharging effect. 
– Qadir will deduct its success fee, VAT, and any other applicable fees before making weekly payouts of the recovered funds to the client. Qadir cannot be held responsible for payment-related issues, including situations where its bank freezes the assets. 
– If the debtor transfers the payment directly to the Creditor, it is the responsibility of the Creditor to notify Qadir Collections via email or phone of such payment within three (3) days after receiving the amount. It should be noted that payment of the principal amount by the debtor to the Creditor does not release the Creditor from the obligation to pay Qadir Collections for services rendered. The Creditor remains fully responsible for transferring the agreed commission and fees to Qadir Collections, who will promptly send an invoice to the Creditor. This process ensures that all parties involved are aware of their obligations and responsibilities, and that payment is made in a timely and efficient manner.
– Qadir’s fees will be calculated based on the prevailing currency exchange rates. It is important to note that all currencies will be considered equivalent to USD for the purpose of this calculation.


5.0 Small Claims Court Services – Terms and Fees

5.1: Service Overview: Qadir Collections provides an online platform designed to assist clients in completing certain forms required by small claims courts for resolving small claims disputes. By using Qadir Collections, clients acknowledge that they are representing themselves in the small claims process, and that Qadir Collections will not provide legal representation.

5.2: Scope of Services:
– Qadir Collections cannot assist if the lawsuit falls outside of a small claims court or if the lawsuit, initially filed in small claims, is later moved to a different court jurisdiction.
– The service is aimed to provide clients an understanding of the law and an automated software solution for document preparation. Qadir Collections also reviews clients’ form answers for completeness to reduce the rate of court rejections. It’s important to note that Qadir Collections is not permitted to practice law and will not review answers for legal sufficiency or provide legal advice or conclusions.

5.3: Service Fees: A fee of 200 USD is charged when the client engages Qadir Collections for small claims services. This fee covers:
– Filing the lawsuit
– Serving the lawsuit
– Preparing an evidence packet
– Requesting an interpreter if needed
– Providing human email support
Exclusions: The service fee does not cover:
– Court fees
– Subpoenas
– Serving fees
– Print and Mail costs
– Skip Tracing

5.4: Refund Policy:
– If a client “loses” their case, meaning the judge states on the Notice of Entry of Judgment that the client should receive $0 from the other party (excluding “return of property” cases), Qadir Collections will refund the service fee.
– You don’t lose in the scenario where 
– you won but never got paid by the other party, 
– you won less than you thought you would, 
– you settle before the hearing, 
– you did not go to the hearing, 
– you do not find or service the other party, 
– you sued the wrong party, 
– you sued in the wrong court,
  – your case is dismissed with our without prejudice, 
you won your case but the other party appeals. 
– Clients should email a copy of the “Notice of Entry of Judgment” to [email protected] within 30 days from the date of receipt, either by mail or email, to initiate the refund process.

5.5: Court and Process Serving Fees:
– Clients are responsible for all court fees including, but not limited to, filing fees and change of hearing date fees.
– Clients will also cover the costs of serving any court documents. Qadir Collections collaborates with third parties like friends/relatives, the court clerk, sheriffs, and process servers for this purpose, but is not liable for their actions.

5.6: One Dispute Per Service fee:
– The service fee covers one (1) small claims dispute. Additional disputes require purchasing an additional plan.

5.7: Client Responsibilities: – clients promise to:
– Pay all court fees.
– Cover the costs to serve the lawsuit.
– Attend the small claims hearing and represent themselves (Qadir Collections cannot represent clients at the hearing).
– Submit only accurate and true information.
– Notify Qadir Collections promptly of any developments in the dispute.
– Communicate promptly with Qadir Collections.
– Clients agree to receive electronic communications from Qadir Collections and its affiliates. Clients can opt out of such communications at any time.

5.8: Qadir Collections’ Responsibilities:
– Qadir Collections promises to process paperwork relating to the dispute, including case management, receipt management, and evidence management.
In the event a client “loses” the small claims lawsuit as defined earlier, Qadir Collections will refund the service fee as per the Refund Policy.


6.0 Demand Letter Templates – Terms and Fees

6.1: Service Overview: Qadir Collections offers a comprehensive library of demand letter templates for clients to utilize. It’s imperative to understand that these templates do not constitute legal advice. Clients are strongly recommended to consult with a professional legal advisor to ensure adherence to local laws and regulations.
6.2: Template Access: Access to our Legal Letter tool, which houses the demand letter templates, is free of charge for clients seeking to draft a legal letter.
6.3: Mailing Service: Should clients desire to have Qadir Collections mail the drafted legal letter to the opposing party, a non-refundable fee of 29 USD will be charged for this service.
6.4: Third-party Shipping Collaboration: Qadir Collections partners with reputable third-party shippers to facilitate the mailing process. However, we do not guarantee delivery and are not responsible for any actions or shortcomings of these third-party shippers.
6.5: Legal Compliance Reminder: The responsibility for ensuring the legal compliance of the contents of the demand letter rests solely with the client. Qadir Collections reiterates the importance of seeking professional legal advice for a thorough understanding of the implications, rights, and obligations entailed in sending a demand letter.


7.0 Use of Third Party Providers and Data Sharing

7.1: All data provided by the Client to Qadir Collection is deemed confidential. Qadir Collection wil not share this data with any third parties without the explicit consent of the Client.
7.2: The Client acknowledges and accepts that Qadir Collection uses the software platform Debitura.com, and all data is shared with Debitura.com.  


8.0 Other Legal Matters Between You and Qadir

8.1: Disclaimer of Warranty:
The platform and its features are provided by Qadir Collections on an “as is” and “as available” basis. Qadir Collections makes no representations or warranties of any kind, express or implied, concerning the platform, features, or the information, content, or materials offered on the platform or through the features. Qadir Collections disclaims all warranties to the fullest extent permissible by applicable law, including but not limited to implied warranties of merchantability, non-infringement, and fitness for a particular purpose. Qadir Collections does not warrant that the platform or features are free from viruses or other harmful components. Your use of the platform and its features is at your sole risk. This disclaimer is an essential part of this agreement, acknowledging that Qadir Collections would not have entered into this agreement without your acceptance of this disclaimer.
8.2: Limitation of Liability:
Under no legal or equitable theory, including tort, contract, strict liability, or otherwise, shall Qadir Collections, its affiliates, and their respective employees, directors, officers, and agents be liable for any indirect, special, incidental, or consequential losses or damages arising from the use of or inability to use the platform or features. This includes, without limitation, damages for lost profits, loss of goodwill, loss of data, accuracy of results, or computer failure, even if advised of the possibility of such losses or damages. Qadir Collections’ liability shall not exceed the fees paid by you during the six-month period preceding the date on which the claim arose.
8.3: Aggregate Liability:
To the fullest extent permitted by law, Qadir Collections’ aggregate liability for all claims relating to the features shall not exceed the greater of $500 or the amount paid by you to Qadir Collections for the 12 months preceding the services in question, whichever is lower.
8.4: Indemnification:
You agree to defend, indemnify, and hold harmless Qadir Collections, its affiliates, and their respective directors, officers, and employees from any claims, damages, costs, and expenses, including attorney’s fees, arising from your breach of this Agreement, improper use of the Platform or Features, or breach of any applicable law or infringement of third-party rights.
8.5: Force Majeure:
Qadir Collections shall not be responsible for any failure or delay in performance arising from forces beyond its control, including but not limited to acts of war, terrorism, civil or military disturbances, nuclear or natural catastrophes, or acts of God, with the understanding that reasonable efforts will be made to resume performance as soon as practicable.
8.6: Confidentiality:
All information concerning the creditor and debtor will be handled by Qadir Collections in a confidential manner.
8.7: Limitation of Responsibility:
Qadir Collections cannot be held responsible for any losses.
8.8: Incorrect Payment Details:
Qadir Collections is not responsible for any loss if the creditor provides incorrect payment details or fails to update them timely, resulting in a lost payout.
8.9: Cease and Desist Notices:
Qadir Collections will not accept files involving a debtor cease and desist notice. If the creditor is aware of a pending cease and desist notice, it is requested that the file not be forwarded to Qadir Collections for collection.