Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
Offering customers “pay later” terms can help you win more work and build long‑term relationships. But if your credit terms aren’t tight, you take on risk: late payments, cash flow strain, and unpaid debts that are hard to recover.
The good news is you can put credit terms in place that support sales without exposing your business to unnecessary risk. In this guide, we’ll step through how credit terms work in Australia, what to include, and the legal tools that help you actually get paid.
Whether you’re extending 7, 14 or 30‑day terms, the aim is to make your expectations crystal clear, comply with Australian law, and back your invoices with enforceable security where it makes sense. Let’s walk through it.
What Are Credit Terms, And Why Do They Matter?
Credit terms are the rules you set for customers who buy now and pay later. They outline when invoices fall due, how payments must be made, what happens if a customer is late, and how disputes are handled.
Strong credit terms matter because they:
- Set clear expectations from day one, reducing “I didn’t know” disputes.
- Protect your cash flow with sensible due dates and reminders.
- Give you leverage to secure payment (for example, by reserving title until paid).
- Support recovery if things go wrong (interest, collection costs, security, suspension of supply).
In practice, your credit terms usually sit inside your Customer Terms and Conditions or Terms of Trade. If you run a separate account application process, the terms can also appear in the application itself or attach to it.
Should You Offer Trade Credit At All?
Not every transaction needs credit. For many businesses, upfront payment or milestone billing reduces admin and risk. That said, offering credit can help you compete in markets where delayed payment is standard (think B2B supply, construction, wholesale, industrial services).
Before you decide, weigh the pros and cons.
Benefits
- Removes friction at checkout, so customers can order quickly.
- Builds trust and repeat business in B2B relationships.
- Can increase average order value when customers aren’t constrained by cash on hand.
Risks
- Late or non‑payment that ties up your working capital.
- Administrative overhead to assess credit, chase invoices, and manage collections.
- Bad debt risk, especially with new customers or volatile industries.
If you do extend credit, manage the risk with a simple approval process, caps and limits, and legally robust documents. Many businesses start with small limits for new customers and scale up as payment history builds.
How Do You Set Credit Terms In Australia?
Here’s a practical, step‑by‑step approach to designing and implementing credit terms that fit your business model.
1) Define Your Commercial Settings
- Eligibility: Will you offer credit to business customers only, or also selected consumers?
- Limits: Set a maximum outstanding balance or per‑order cap (with the right to adjust any time).
- Due dates: Common options are 7, 14 or 30 days from invoice date or end of month (EOM). Choose what suits your cash cycle.
- Deposit/milestones: For larger jobs, consider an upfront deposit and staged billing to reduce exposure.
- Payment methods: Bank transfer, card, BPAY, or direct debit (which can lower late payments).
Document these decisions so they are applied consistently by your team.
2) Build Or Update Your Documents
Your credit terms must live somewhere enforceable. For most businesses, that’s inside a well‑drafted set of customer terms plus an account application process. If you operate an application, put the key terms right on the form or attach them, and record the customer’s acceptance (signature, tick‑box with audit trail, or e‑signature).
For higher‑risk accounts, consider adding security to your toolkit-such as a right to register a charge over assets or title retention clauses. We’ll cover these below.
3) Screen New Accounts
Decide what you’ll check before approving a limit. At minimum, verify identity and ABN/ACN, registered office and trading names, and request trade references for larger limits. Use an application that captures authority, contact details for accounts, and consent to credit checks where appropriate.
A tailored Credit Application can streamline this and embed your terms directly into the approval process.
4) Invoicing & Follow‑Up Process
- Send invoices promptly with due dates that mirror your terms.
- Use friendly reminders at set intervals (e.g. 3 days before, on due date, +7 days, +14 days).
- Escalate consistently (phone calls, suspension of supply, formal demands) according to your terms.
Consistency is key. A reliable rhythm of reminders helps customers prioritise your invoices without damaging the relationship.
5) Review & Adjust
Monitor DSO (days sales outstanding), late payment rates, and bad debts. Adjust limits and terms in response to performance or sector risk. Your terms should reserve a clear right to vary limits or withdraw credit at your discretion.
What Should Your Credit Terms Include?
There’s no one‑size‑fits‑all. However, most Australian small businesses benefit from covering the following in plain English.
Core Payment Clauses
- Payment Terms: State when invoices fall due, how dates are calculated, and accepted payment methods.
- Interest/Administration Charges: If you plan to charge interest on overdue amounts or a late fee, specify the rate and basis. Ensure any fees are reasonable and permitted under law and your contract.
- Application Of Payments: Clarify how part‑payments are allocated (e.g., oldest invoices first).
Security & Ownership
- Retention Of Title: For goods, state that ownership remains with you until paid in full, including proceeds if goods are resold.
- PPSA Security: If you use retention of title or take other security, reserve the right to register it on the PPSR (Personal Property Securities Register). Registration is essential to protect your priority as a secured creditor.
- Security Interest/Charge: For higher risk or larger limits, consider a right to take a charge over the customer’s assets via a General Security Agreement if overdue.
Guarantees (If Supplying Companies)
- Director’s Guarantee: Many suppliers ask for a director’s personal guarantee to back a company account. This can be a standalone document or built into the application. Make sure guarantors are clearly identified and sign correctly. Read more about Personal Guarantees and the risks on both sides.
Operational Protections
- Credit Limits & Variations: State the approved limit and your right to vary, suspend or cancel credit at any time.
- Stop‑Supply Rights: Reserve the right to pause work or delivery if an account is overdue or exceeds a limit.
- Set‑Off: Clarify whether the customer can set off claims against amounts they owe (many suppliers exclude set‑off to protect cash flow).
- Price Changes: If pricing can change over time, explain how and when updates take effect.
Collections & Dispute Handling
- Recovery Costs: Include a clause that the customer pays reasonable enforcement costs if you have to chase debt.
- Dispute Process: A short process for raising invoice disputes (time limits, required details, partial payments pending resolution).
- Jurisdiction: Nominate the governing law and courts in your home state or territory.
Putting these terms in a clear, readable document increases compliance and reduces arguments later. Just as importantly, ensure your team follows them-terms that aren’t enforced consistently lose their power.
Legal Requirements: Keep Your Credit Terms Compliant
Your credit arrangements must comply with Australian laws and regulations. Here are the key areas to keep in mind.
Australian Consumer Law (ACL)
If you supply to consumers or small businesses, your terms are subject to the ACL’s unfair contract terms regime and prohibitions on misleading conduct. Keep fees reasonable, avoid one‑sided clauses, and present terms clearly. Don’t promise what you can’t deliver, and be transparent about prices, surcharges and timelines.
Unfair Contract Terms
Small business contracts can be voided if a term is “unfair” and the contract is standard form. Highly punitive late fees, unilateral termination without cause, or broad indemnities that go beyond what’s reasonable can be risky. Review your terms with this in mind.
Privacy And Direct Debit
If you collect personal information for applications, invoicing or payment processing, you will almost certainly need a Privacy Policy and compliant handling of personal data.
For automated collections, understand the rules around direct debit laws and permissions, and only store card details if you comply with security standards. Our guide to storing credit card details outlines the basics.
PPSA Compliance
If your terms use retention of title or grant you a security interest, timely registration on the PPSR is critical. Without registration, you can lose priority to other creditors-even if your contract says title remains with you. The PPSR framework is explained here: What Is The PPSR?
Interest And Fees
Interest on overdue amounts and reasonable admin or recovery fees can be enforceable if clearly stated in your contract and consistent with the ACL and unfair contract terms laws. Think about the commercial purpose (encouraging timely payment), not punishment.
Electronic Acceptance
Online acceptance can be valid if the process is clear and you retain evidence (e.g., timestamped tick‑box acceptance and version control). For guarantees or higher‑risk accounts, consider e‑signing with ID verification to reduce disputes about authority.
Documents And Processes That Make Credit Terms Work
Credit terms are only as strong as the documents and systems around them. Here’s a quick checklist of the essentials most small businesses should consider.
- Terms of Trade: Your master customer terms that include payment rules, delivery/supply, risk and title, liability, and dispute resolution. If you don’t have one, start with robust Terms of Trade tailored to your operations.
- Credit Application: A form and process to assess eligibility, collect authority, and embed your terms. A combined Credit Application Terms package can streamline approval and compliance.
- Security Instruments: Where appropriate, build in retention of title and the right to register a security interest. For larger limits, a General Security Agreement or specific charges can materially improve recoveries.
- Personal Guarantees: For company accounts, consider director guarantees. Understand how Personal Guarantees shift risk and what’s fair.
- Privacy Policy: If you’re collecting personal information (almost always), publish and follow a compliant Privacy Policy and secure data handling practices.
- Invoicing & Collections SOP: A simple playbook for when to invoice, how to remind, and when to escalate. Consistency boosts payment rates.
- PPSR Registrations: A process to register security interests promptly and renew on time. Without registration, your “security” may not hold up.
If you already have these in place, schedule a quick annual review to confirm they still match your operations, pricing model and legal requirements.
Practical Tips To Reduce Late Payments (Without Burning Bridges)
Great credit terms are half the battle. Day‑to‑day practices make the difference to cash flow.
- Invoice fast. The sooner your customer receives the invoice, the sooner it’s added to their pay run.
- Make it easy to pay. Accept common methods and consider direct debit for subscriptions or regular orders (with proper authority).
- Offer incentives. Early payment discounts can improve cash flow and loyalty.
- Use deposits and milestones. Front‑load some revenue to lower exposure on large projects.
- Be consistent. A systematic reminder cadence is more effective than ad‑hoc chasing.
- Escalate politely but firmly. Reference your terms, pause supply when you need to, and act quickly on disputes.
Most late payment issues are solved by clarity and consistency. When customers see you run a tight ship, you move higher up the payment queue.
Common Mistakes To Avoid With Credit Terms
These pitfalls cost small businesses time and money. Avoid them from the start.
- Silent terms: Not presenting terms until after supply, or hiding key obligations in small print. Make your terms easy to find and accept during onboarding or ordering.
- No signed acceptance: Without clear acceptance, enforcement gets harder. Capture signatures or verifiable online acceptance.
- Unregistered security: Using retention of title language but never registering on the PPSR. Registration is what preserves priority.
- One‑sided clauses: Overly harsh terms risk being struck out as unfair. Balance your protections with clarity and reasonableness.
- “Copy‑paste” templates: Borrowed terms rarely fit your sales model, industry rules or delivery method. Tailor the details that matter (lead times, risk transfer, service scope, warranties, liability caps).
- Inconsistent enforcement: If you never apply late fees or never pause supply, customers learn the rules are flexible.
Key Takeaways
- Credit terms are the rules of your “pay later” offering; they should be clear, fair, and tailored to how your business actually sells and delivers.
- Protect cash flow with sensible due dates, enforceable late payment mechanisms, and-where appropriate-security like retention of title and PPSR registration.
- Keep your documents compliant with the ACL, privacy rules and, if using automation, direct debit requirements; publish and follow a proper Privacy Policy.
- Put the essentials in place: Terms of Trade, a Credit Application process, guarantees for company accounts, and a consistent invoicing and collections SOP.
- Avoid common pitfalls such as unregistered security interests, unclear acceptance, and “copy‑paste” templates that don’t match your operations.
- Consistency wins: invoice promptly, make payment easy, remind on a schedule, and escalate politely but firmly according to your terms.
If you’d like a consultation on setting up or refreshing your credit terms, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no‑obligations chat.








