While the ANZ and other Bill Express creditors and stakeholders are, I suspect, working through the weekend on a restructure for the business, Newsagents are looking at how they can get out of their Bill Express contract and the associated lease for the equipment Bill Express installed in newsagencies.
When newsagents signed on for Bill Express, they signed up to pay $495 a month for four years to get access to equipment worth around $3,000. This was a nice earner for the company – having newsagents provide working capital for their under-capitalised business.
While the two agreements newsagents are with separate entities and cover separate functions, I would have thought that newsagents could have them considered as one since one relies on the other and they are with related parties. If this is the case, the contract (the two agreements) could be challenged, in my view, on several fronts:
- Outage. The level of network outage over the last two months has been unacceptable. Not being even able to process eftpos means customers go elsewhere and impedes our ability to drive revenue and fund lease/rental payments on the equipment (which is not working).
- Product unavailability. Optus has often been out of stock over the last six weeks. With Optus being the top selling mobile recharge brand, newsagents not having stock disadvantages their businesses. The lack of performance of Bill Express on this ought to, of itself, be grounds for challenging both agreements.
- No customer service. Bill Express / Dialtime help desk people are never available and do not return phone calls. This lack of support means individual newsagent outages are prolonged and these limit our ability to achieve revenue necessary to service the rental/lease agreement.
- Ad screen failure. My Mi_Systems ad screen and many others are not working and the company does not respond to requests to get them active. The outage of this screen is denying me a revenue opportunity and therefore impedes our ability to service the rental/lease agreement.
- No marketing. In February, when announcing the removal of the subsidy, Bill Express committed to using around 30% of what they should have paid for bill payment commission to better market the service on behalf of the network. I have seen no such activity. This makes me a creditor of Bill Express along with thousands of newsagents.
Given the near collapse of the company and its services over the last six weeks I suggest that Bill Express is incapable of performing under the terms of the Bill Express / Dialtime agreement and that this failure is grounds for terminating the TBS equipment leasing agreement.
But I am no lawyer. These are issues lawyers ought to be considered by lawyers along with other matters relating to how 3,500+ newsagents got into this mess in the first place.