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Credit Service Agreement Template for Australia

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Key Requirements PROMPT example:

Credit Service Agreement

"I need a Credit Service Agreement for my mortgage broking business based in New South Wales, which will provide credit assistance to both individual and small business clients, with a focus on residential mortgage products and equipment finance."

Document background
The Credit Service Agreement is a fundamental document used in the Australian financial services sector to establish a formal relationship between licensed credit service providers and their clients. This agreement is essential when any entity provides credit assistance or credit services under Australian credit legislation, particularly the National Consumer Credit Protection Act 2009. It details the nature and scope of services, regulatory obligations, fee structures, and client protections. The document is designed to ensure compliance with Australian regulatory requirements, including responsible lending obligations, disclosure requirements, and privacy provisions. It's particularly relevant for credit providers, mortgage brokers, and other credit intermediaries operating in the Australian market who need to document their service arrangements with clients in a compliant manner.
Suggested Sections

1. Parties: Identifies and provides full details of the credit service provider and the client

2. Background: Outlines the context of the agreement, including the nature of credit services to be provided and relevant licensing details

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules

4. Credit Services: Detailed description of the credit services to be provided, including scope and limitations

5. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

6. Fees and Charges: Comprehensive breakdown of all fees, charges, and payment terms

7. Obligations of the Credit Service Provider: Details the provider's responsibilities, including compliance with regulatory requirements

8. Client Acknowledgments and Obligations: Specifies client's responsibilities and confirmations regarding the credit service

9. Privacy and Confidentiality: Provisions regarding handling of personal and financial information

10. Representations and Warranties: Key promises and guarantees made by both parties

11. Risk Disclosure: Mandatory risk warnings and disclaimers

12. Dispute Resolution: Process for handling complaints and resolving disputes

13. General Provisions: Standard legal clauses including governing law, notices, and assignment

Optional Sections

1. Credit Representative Arrangements: Required when services are provided through credit representatives rather than directly

2. Commission Disclosure: Required when third-party commissions or referral fees are involved

3. Electronic Communication Consent: Optional section for clients consenting to electronic communications and documents

4. Special Service Provisions: Required when offering specialized credit services beyond standard credit assistance

5. Third Party Authorizations: Required when third parties are authorized to act on behalf of the client

6. Insurance Requirements: Required when specific insurance coverage is mandatory for the credit service

7. Additional Services: Required when offering supplementary services beyond core credit services

Suggested Schedules

1. Schedule 1 - Fee Schedule: Detailed breakdown of all fees, charges, and commission structures

2. Schedule 2 - Service Description: Comprehensive description of credit services, including specific products and providers

3. Schedule 3 - Required Information and Documentation: List of documents and information required from the client

4. Schedule 4 - Privacy Policy: Detailed privacy policy and information handling procedures

5. Schedule 5 - Complaints Handling Process: Detailed procedures for handling complaints and disputes

6. Appendix A - Credit Guide: Mandatory credit guide as required by NCCP Act

7. Appendix B - Client Acknowledgment Forms: Standard forms for client acknowledgments and consents

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions















































Clauses






























Relevant Industries

Financial Services

Banking

Consumer Finance

Business Finance

Mortgage Broking

Equipment Finance

Commercial Lending

Retail Banking

Corporate Banking

Financial Technology

Relevant Teams

Legal

Compliance

Risk Management

Credit Operations

Finance

Commercial Lending

Retail Banking

Contract Administration

Credit Assessment

Customer Service

Regulatory Affairs

Relevant Roles

Credit Manager

Compliance Officer

Legal Counsel

Risk Manager

Credit Analyst

Mortgage Broker

Finance Broker

Credit Administrator

Commercial Lending Manager

Chief Risk Officer

Regulatory Compliance Manager

Credit Operations Manager

Financial Services Manager

Contract Administrator

Credit Assessment Officer

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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