What contracts exist
Debitura uses three main contractual documents:
Standard Debt Collection Agreement (SDCA): The SDCA is the master agreement that defines the relationship between the Client, Debitura, and the Collection Partner (referred to as "Collector" in the agreement). It establishes the terms for pre-legal debt collection, including the no cure, no pay pricing model, success fee rates, the six-month exclusivity period, and mutual obligations. For detailed terms, see Standard Debt Collection Agreement (SDCA): key terms.
Power of Attorney (PoA): The PoA authorizes a specific Collection Partner to act on the Client's behalf for debt recovery. It grants the partner authority to communicate with the debtor, negotiate payment terms, initiate legal proceedings if necessary, and receive payments into a trust account on behalf of the Client. A separate PoA is signed for each Collection Partner the Client works with. For more details, see Power of Attorney (PoA).
Data Processing Agreement (DPA): The DPA is a legally binding contract that governs how personal data is processed. Under GDPR, EU-based Clients must have a DPA in place with Debitura before using the platform. The Client acts as the data controller, while Debitura acts as a data processor. Debitura provides a self-service DPA wizard for Clients to generate and sign this agreement. For more details, see Data protection & DPA fundamentals.
Why these contracts are necessary
The contractual framework establishes clear legal relationships and protects all parties:
Direct relationship: The SDCA establishes that the debt collection relationship is directly between the Client and the Collection Partner. Debitura is not a party to the collection activity itself.
Platform role: Debitura is a software platform that connects Clients with Collection Partners. Debitura is not a collection agency or law firm and does not provide legal advice. The contracts make this distinction explicit.
Standard terms: The SDCA provides consistent, transparent pricing and obligations across all jurisdictions, so Clients know what to expect regardless of which partner handles the pre-legal case.
Legal authority: The PoA provides the legal basis for a Collection Partner to act on behalf of the Client in a specific jurisdiction.
Data protection: The DPA ensures compliance with GDPR and other data protection laws when personal data is processed.
Who signs what and when
Client signing requirements
Clients sign the following documents:
Platform terms: Accepted when creating a Debitura account.
SDCA: Signed when uploading the first case. The signing process requires two-factor verification (a six-digit code sent to the Client's email).
PoA: Signed per Collection Partner when a case is assigned to that partner for the first time. Subsequent cases with the same partner do not require a new PoA.
DPA (optional but required for EU Clients): Signed via the self-service DPA wizard. Can be requested at any time.
For step-by-step instructions, see Clients: How to sign agreements (SDCA + PoA).
Collection Partner signing requirements
Collection Partner signing requirements depend on partner type:
Exclusive Partners sign:
Partnership Agreement: Signed outside the platform before gaining access. This agreement outlines the partnership terms and revenue share.
SDCA: Signed inside the platform. Required before approving auto-assigned cases or uploading cases for collection.
Legal Network Partners sign:
SDCA: Required before creating new cases on the platform. However, SDCA signing is not enforced for quote-based work received through the network.
Both partner types receive the SDCA and PoA documents as part of the case assignment process, but the PoA is signed by the Client, not the partner.
For step-by-step instructions, see Collection Partners: How to sign or update the SDCA.
How it works
The signing flow
The user opens the signing page. The system generates the contract document.
The user draws a digital signature in the browser. For Clients signing the SDCA for the first time, a two-factor authentication code is required.
The platform merges the signature into a PDF and stores it.
The signed contract is recorded in the system and can be viewed or downloaded at any time.
Please note, that the person signing any agreement must be created as an admin user on the relevant platform.
Contract upgrades
When Debitura releases a new version of the SDCA, both Clients and Collection Partners are prompted to review and sign the updated agreement the next time they use the platform. Only the SDCA is refreshed in this way.
What to expect
Before first case: Clients must sign the SDCA (with 2FA) before uploading any cases.
Per partner: A PoA is signed once per Collection Partner. Subsequent cases with the same partner use the existing PoA.
Contract storage: Signed documents are stored in the platform and can be viewed or downloaded at any time.
Upgrades: When terms change, users are prompted to sign the updated agreement before continuing.
Where to find signed contracts in the platform
Clients: Contracts page in the Client portal
Collection Partners: Contracts page in the Partner portal
Impact by actor
Client
Must sign the SDCA before uploading the first case.
Must sign a PoA for each new Collection Partner.
EU-based Clients should sign a DPA for GDPR compliance.
Can view and download all signed contracts in the platform.
Collection Partner
Exclusive Partners must sign the Partnership Agreement externally and the SDCA inside the platform before accepting cases.
Legal Network Partners must sign the SDCA before creating cases but not before quoting on leads.
Partners receive the PoA as documentation but do not sign it (the Client signs the PoA).
Debtor
Not a signatory to any Debitura contracts.
The PoA authorizes the Collection Partner to contact and negotiate with the debtor on behalf of the Client.
Debitura
Provides the platform infrastructure and contract management system.
Is not a party to the debt collection relationship between Client and Collection Partner.
Acts as data processor under the DPA.