Thank you for applying for a credit account with WorkPac.
This online application service has been provided so we can process your application as quickly as possible.
To complete your application, we will ask for the following information to be provided:
If you require any assistance with your application, please contact our accounts department on (07) 3251 2222
The types of personal information we may collect and hold includes (but is not limited to) personal information about:
Personal information that we collect and may hold include:
You are not obliged to provide personal information to CreditorWatch. However in many cases, if you do not provide your personal information to us, we may not be able to supply the relevant product or service that you have requested from us.
If it is necessary to provide specific services to you, we may collect sensitive information about you. Under the Privacy Act, “sensitive information” includes but is not limited to information or an opinion about an individual’s racial or ethnic origin, religious belief, or criminal record and also includes health information about an individual. However, we will only collect sensitive information from you if you agree to provide it to us, you authorise us to obtain it from a third party or where the collection of the information is required or authorised by or under an Australian law or a Court/Tribunal order or otherwise where the collection is not prohibited under the Privacy Act. We will only use sensitive information in accordance with the Privacy Act and for the purpose for which it is provided.
We collect personal information in the following ways:
We may also collect information about you from third party suppliers and government database services.
We store personal information in computer storage facilities and paper-based files. We take steps to protect your personal information against loss, unauthorised access, use modification or disclosure. Some examples of the steps we take to protect your personal information include:
Information that may identify you as a user may be gathered during your access with our website.
Our website includes pages that use ‘cookies’. A cookie is a unique identification number that allows the server to identify and interact more effectively with your computer. The cookie assists us in identifying what our users find interesting on our website.
A cookie will be allocated each time you use our website. The cookie does not identify you as an individual in our data collection process, however it does identify your Internet Service Provider.
CreditorWatch, or its related body corporates in the ATI Group, may collect some personal information that is a government related identifier.
Personal information from identity documents may be provided to the document issuer or official record holder via third party systems for the purpose of confirming your identity, for example, the Australian Government’s Document Verification Service (DVS). Where CreditorWatch does collect government related identifiers, they are maintained on a separate database for audit and compliance purposes.
CreditorWatch may use or disclose a government related identifier where:
We collect, hold, use and disclose personal information for a variety of business purposes including:
We also collect, hold, use and disclose your personal information to:
If you do not wish to disclose your personal information for the purpose of direct marketing or you would like to opt-out of receiving direct marketing communications, you can do so by contacting the CreditorWatch Privacy Officer using the contact details set out below, or by following the instructions to unsubscribe which are contained in a communication that you receive from us.
The ATI Group and Related Companies
The ATI Group includes our parent company Australian Technology Innovators Pty Ltd, LEAP Legal Software Pty Ltd, InfoTrack Group Pty Ltd and their subsidiaries, CNCNA Pty Ltd (trading as eCompanies), InfoTrack Limited (NZ), InfoTrack Group Limited (UK) and its subsidiaries, and LotSearch Pty Ltd. Different companies within the ATI Group provide different services.
The ATI Group may share information with our integration partners to ensure the smooth running of the services which we, and they, provide. These partners include Sympli Pty Ltd, Practice Evolve Group Pty Ltd and its subsidiaries, Legal Software Developments Pty Ltd and its subsidiaries, and other partners as mentioned on our website and updated from time to time. At times, we may need to provide personal information to them to help them run their businesses or for reporting purposes. We may also share your personal information within the wider Australian Technology Innovators Pty Ltd group companies (ATI Group) and with our service providers for the purposes outlined above.
Third Party Service Providers
We may disclose your personal information to third party service providers who assist us in providing the services you request, including public authorities and providers of information services.
We may also disclose your personal information to third parties who work with us in our business to promote, market or improve the services that we provide, including:
We may also combine your personal information with information available from other sources, including the entities mentioned above, to help us provide better services to you.
Where we do share information with third parties, we require that there are contracts in place that only allow use and disclosure of personal information to provide the service and that protect your personal information in accordance with the Privacy Act. Otherwise, we will disclose personal information to others if you’ve given us permission, or if the disclosure relates to the main purpose for which we collected the information and you would reasonably expect us to do so.
As a credit reporting agency, we may share your credit information in accordance with industry consumer credit reporting standards including:
These standards ensure that your personal information in relation to your consumer credit is managed regarding:
We do not presently disclose personal information to any organisations located overseas; however, we do disclose information in Australia, for the purposes described above, to some multinational organisations that are located both in Australia and overseas, including the United Kingdom, the United States and New Zealand.
If you are a resident of the European Union for the purposes of the GDPR, then in addition to what is set out above, the following applies to you.
In providing services to you, CreditorWatch may make use of a number of automated processes using your Personal Information and your activity on our site as tracked by us, in order to provide more tailored and relevant services to you.
In addition to your rights set out above, you may update or rectify any of your Personal Information that we hold about you, in the manner described in the “How you can access your personal information” paragraph above.
You have a right to request access to your personal information which we hold about you and to request its correction. You can make such a request by contacting the CreditorWatch Privacy Officer using the contact details set out in this policy.
We will respond to any such request for access as soon as reasonably practicable. Where access is to be given, we will provide you with a copy or details of your personal information in the manner requested by you where it is reasonable and practicable to do so.
We will not charge you a fee for making a request to access your personal information. However, we may charge you a reasonable fee for giving you access to your personal information.
In some cases, we may refuse to give you access to the information you have requested or only give you access to certain information. If we do this, we will provide you with a written statement setting out our reasons for refusal, except where it would be unreasonable to do so.
We will take such steps (if any) as are reasonable in the circumstances to make sure that the personal information we collect, use or disclose is accurate, complete, up to date and relevant.
If you believe the personal information we hold about you is inaccurate, irrelevant, out of date or incomplete, you can ask us to update or correct it. To do so, please contact us using the contact details listed below.
If we refuse your request to correct your personal information, we will let you know why. You also have the right to request that a statement be associated with your personal information that says you believe it is inaccurate, incomplete, irrelevant, misleading or out of date.
CreditorWatch Privacy Officer
GPO Box 4029 Sydney NSW 2001
1800 738 524
We will acknowledge and investigate any complaint about the way we manage personal information as soon as practicable. We will take reasonable steps to remedy any failure to comply with our privacy obligations. If you are unhappy with our handling of the complaint, you may contact the Australian Information Commissioner.
Last update: 29 May 2019
1. Payment: By acceptance of these terms The Client must pay for the Services within 14 days from the invoice date or within any alternative credit period, or alternative method granted in writing by THE WORKPAC GROUP.
2. Interest: The Client is liable to pay THE WORKPAC GROUP interest at a rate of 15% per annum on all amounts invoiced for the Services from time to time; however, such liability is waived by THE WORKPAC GROUP where payments are made within 14 days from the invoice date, or as otherwise agreed to in writing by THE WORKPAC GROUP.
3. GST: Each amount payable by the Client under these Credit Terms in respect of a Taxable Supply by THE WORKPAC GROUP is a GST exclusive amount and on receipt of a tax invoice the Client must, in addition to that amount and at the same time, pay the GST payable in respect of that supply. “Taxable Supply” and “GST” have the meanings set out in the A New Tax System (Goods and Services) Act 1999 (Cth).
4. Withdrawal or Variation of Credit: THE WORKPAC GROUP may at any time, without the need to provide a reason, vary or withdraw any credit granted to the Client.
5. Charge over Client Property: The Client, and where the Client is unincorporated each proprietor of the Client, hereby charges with payment of all moneys and compliance with all obligations owed by the Client to THE WORKPAC GROUP under the Terms of Business all beneficial interest (freehold and leasehold) in real property or any personal property capable of being charged, held now or in the future by the Client or proprietor. The Client, and where applicable, each proprietor, agrees that if demand is made upon it, him or her by THE WORKPAC GROUP, the Client, or where applicable, the proprietor, will immediately execute a mortgage in registrable form or consent to a caveat as required by THE WORKPAC GROUP to secure the interest to THE WORKPAC GROUP pursuant to this equitable mortgage. The Client, or where applicable, the proprietor, irrevocably and by way of security appoints, on a joint and several basis, each Officer to be its, his or her true and lawful attorney to execute and register such instruments. The Client authorises the attorney appointed pursuant to this clause to enter into conflict transactions within the meaning of the Powers of Attorney Act 1998.
6. Suspension or Ceasing of Supply:
(a) THE WORKPAC GROUP may in THE WORKPAC GROUP’s complete discretion and without incurring any liability to the Client, cease or suspend supply of the Services or amend these Credit Terms.
(b) Without limiting clause 6(a), if an Event of Default occurs, THE WORKPAC GROUP may, without prejudice to THE WORKPAC GROUP’s other rights, call up moneys owed to THE WORKPAC GROUP by the Client, retain all moneys paid on account, or cease further deliveries and recover from the Client all loss of profits and other costs arising from the Event of Default and/or take immediate possession of any Services for which payment remains outstanding.’
7. Liability of THE WORKPAC GROUP: THE WORKPAC GROUP will not be liable for any loss or damage whatsoever suffered by the Client as a result of any act, omission or statement made by THE WORKPAC GROUP, THE WORKPAC GROUP’s employees, contractors or agents whether negligent or not, except that nothing in these Credit Terms limits any liability imposed by any statute unless or to the extent that it is lawful to do so.
8. Certification: A statement signed by an Officer certifying the amount of any moneys payable by the Client, or identifying any services, as being “unpaid for” is, in the absence of manifest error, conclusive and binding on the Client.
9. Notification of Change of Details: The Client will provide written notice to THE WORKPAC GROUP of any change in the Client’s structure or management, including any change of director, shareholder, partnership, trusteeship or address within 7 days of the change.
10. Continuing Guarantee: All guarantees under or related to the Terms of Business will be continuing guarantees and will terminate only with THE WORKPAC GROUP’s written agreement.
11. Set-Off: THE WORKPAC GROUP may at any time set-off amounts owed by THE WORKPAC GROUP to the Client against amounts owed by the Client to THE WORKPAC GROUP.
12. Effect of Other Terms: These Credit Terms are in no way affected or amended by any other express or implied terms contained in any terms of sale in relation to the Services. No terms of the Client apply to any agreement between the Client and THE WORKPAC GROUP.
13. Expenses: The Client must pay to THE WORKPAC GROUP any costs, charges and expenses (including all stamp duty and legal fees and costs and debt recovery expenses on a full indemnity basis as a liquidated debt) incurred by THE WORKPAC GROUP in connection with the entry into these Credit Terms, the exercise or attempted exercise of any power, right or remedy under these Credit Terms and/or the failure of the Client to comply with all of the Client’s obligations pursuant to these Credit Terms.
14. Transactions: The Client will be liable for all transactions and expenses involving the Client’s credit account including any fraudulent use of the account by the Client or any person authorised by the Client to use the account or the Client’s employees, agents or contractors. The Client will also be liable for any fraudulent use of the Client’s credit account which is directly or indirectly caused or contributed to by the Client’s negligence.
15. Application of Monies Received: If THE WORKPAC GROUP receives or recovers money in respect of a debt of the Client, THE WORKPAC GROUP may use the money to pay off whichever debt or part of a debt THE WORKPAC GROUP chooses and is not compelled to apply the money as directed by the Client or any other person.
16. Indemnity: The Client indemnifies THE WORKPAC GROUP in relation to any direct or indirect loss, liability or damage suffered by THE WORKPAC GROUP or any other person as a result of the Client’s negligence or breach of the Terms of Business.
17. Trusts: This Agreement binds the Client personally and:
(b) as trustee of any trusts of which the Client is trustee, on a joint and several basis.
18. Joint and Several: If the Client consists of more than one person, the obligations of each person are joint and several.
19. Severance: Each clause, subclause and part of the Credit Terms is separate and independent. If any clause or subclause or part is found to be invalid or ineffective, the other clauses or subclauses or parts will not be adversely affected.
20. Waiver: Any waiver by THE WORKPAC GROUP must be in writing. In the event that THE WORKPAC GROUP elects not to exercise any of THE WORKPAC GROUP’s rights arising in connection with these Credit Terms, THE WORKPAC GROUP’s election will not constitute a waiver of any rights relating to any breach of the Credit Terms.
21. Amendments: The Credit Terms may only be amended with THE WORKPAC GROUP’s express written agreement.
22. Assignment: The Client may not assign any agreement under the Credit Terms without THE WORKPAC GROUP’s prior written consent.
23. Application of Laws: The Credit Terms are governed by the laws of the state of Queensland. The Client submits to and consents to the central Courts of Brisbane having jurisdiction over the Credit Terms.
24. Time: Subject to the Credit Terms and without limiting the application of clause 20 above, time shall be of the essence unless THE WORKPAC GROUP agrees in writing to any time requirements being extended or abridged in which event the time so extended or abridged shall again be of the essence of the Credit Terms.
25. SECURITY INTEREST
(a) The Terms of Business constitute a security agreement, and the Client grants a security interest in all its personal property in favour of THE WORKPAC GROUP.
(b) Without limiting sub-clause (a) above and the operation of the Terms of Business, the Charge granted by the clause above described as “Charge over Client Property” constitutes the grant of a security interest by the Client in favour of THE WORKPAC GROUP in respect of all present and future acquired personal property of the Client.
(d) The Client must not enter into any security agreement that allows any other person to have or to register a security interest in relation to the Client’s personal property or any proceeds of sale of the Client in relation to the Client’s personal property until THE WORKPAC GROUP has a perfected security interest.
(e) In accordance with section 115 of the PPSA, for the purposes of the Terms of Business, including without limitation, for any services supplied that are not services that are used predominatly for personal, domestic or household purposes:
(i) The Client and THE WORKPAC GROUP hereby agree to contract out of sections 95, 118, 121(4), 130, 132(4), 135, 142 and 143 of the PPSA; and(ii) The Client waves any rights the Client may have to:
(A) receive any notices the Client may be entitled to receive under sections 95, 118, 121, 130, 132 or 135;
(C) apply to a court for an order concerning the removal of an accession under section 97; and(D) object to a proposal of THE WORKPAC GROUP to dispose or retain any collateral under sections 130 and 135.
(f) For the purposes of this clause: “PPSA” means the Personal Property Securities Act 2009, and the expressions “accession”, “collateral”, “financing statement”, “financing change statement”, “security agreement”, “security interest”, “perfected security interest”, “purchase money security interest” and “verification statement” have the meanings given to them by the PPSA, and references to sections are sections of the PPSA.
In the Credit Terms, unless the context requires otherwise:
(a) All references to a party include the party’s successors and permitted assigns
(b) No provision of the Credit Terms will be construed adversely against a party solely because the party was responsible for drafting the provision;
(d) Event of Default means:
(i) any event that results in the failure of the Client or Guarantor to meet any obligations, including without limitation payment obligations, owed to THE WORKPAC GROUP; and
(ii) the Client or Guarantor becomes insolvent, ceases or is likely to cease trading, has or is likely to have a receiver, manager, administrator, or liquidator, controller, manager, controlling trustee or trustee in bankruptcy appointed (or a resolution is proposed or passed or any preliminary step occurs relating to such an appointment) or is subject to an uncontested statutory demand, bankruptcy notice or winding-up application, or commits an act of bankruptcy.(e) Guarantee means any guarantee, including the guarantee and indemnity accompanying the Credit Terms, provided to THE WORKPAC GROUP in relation to the Client’s performance of its obligations under the Terms of Business;
(f) Officer means each director, secretary, credit manager and authorised representative of THE WORKPAC GROUP;(g) Services means the testing, introduction and provision of any candidate or any other person by THE WORKPAC GROUP with the Client for an engagement and all associaed services;
(h) Terms of Business means, collectively, this Application for Commercial Credit 14 Day Trading Account, the Credit Terms and THE WORKPAC GROUP’s Standard Terms & Conditions of Business, as may be amended by THE WORKPAC GROUP from time to time; and
(i) any term defined in the Guarantee and THE WORKPAC GROUP’s Standard Terms & Conditions of Business will have the same definition in the Credit Terms.