SURVEILLANCE TERMS AND CONDITIONS

1. Definitions

1.1 ‘Administration fee’ includes, but is not limited to, job preparation and briefing, writing of surveillance report, provision of client updates, video footage preparation and any other administrative tasks that may be required.

1.2 ‘Company’ means Cryptico Consulting Pty Ltd ACN 161 852 704 t/as Infidelity Investigators as the case may be, its successors and assigns or any person acting on behalf of and with the authority of Cryptico Consulting Pty Ltd t/as Infidelity Investigators.

1.3 ‘Client’ means the person/s requesting the Services and if there is more than one Client, is a reference to each Client jointly and severally.

1.4 ‘Fees’ means the amount payable for the Services and Administration Fee as agreed between the Company and the Client in accordance with Clause 3 below.

1.5 ‘Services’ means all surveillance services or goods supplied by the Company to the Client at the Client’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).

2. Acceptance

2.1 The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client authorises the Company to carry out the relevant Services or pays the stated deposit, whichever is the earlier.

2.2 These terms and conditions may only be amended with the Company’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Client and the Company.

3. Fees and Payment

3.1 At the Company’s sole discretion, the Fees shall be either:

(a)  as indicated on any written or verbal quotation provided by the Company or the Company’s agent to the Client; or

(b)  according to the Company’s current price list as at the commencement of the Services.

3.2 A four (4) hour minimum charge applies for all surveillance-related Services.

3.3 In calculating the Fees to be payable by the Client, the Company shall endeavour to use local agents wherever possible.

3.4 Whilst every effort is made to ensure that fee estimates are accurate, the Company reserves the right to amend any estimate:

(a)  if a variation to the Services is requested or results from an event or events beyond the Company’s control; or

(b)  in the event of increases to the Company’s cost of labour or materials which are beyond the Company’s control.

3.5 A non-refundable deposit may be required, as advised to the Client by the Company or the Company’s agent, prior to the commencement of the Services.

3.6 Time for payment for the Services being of the essence, the Fees will be payable by the Client on the date/s determined by the Company, which may be:

(a)  on acceptance of the Client’s Services request by the Company;

(b)  before commencement of the Services;

(c)  the date specified on any invoice or other form as being the date for payment; or

(d)  failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by the Company.

3.7 Payment may be made by cash, electronic/online banking or credit card.

3.8 Any payments made by the Client to the Company by credit card incur a 2.7% processing fee.

3.9 Unless otherwise stated, the Fees include GST.

4. Results of surveillance

4.1 Any surveillance report, video or other material relevant to the Services shall only be provided to the Client upon payment of the Company’s final invoice.

5. Limitations on Liability

5.1 The Company shall not be responsible for:

(a) The results of the Services being contrary to the expectations or suspicions of the Client;

(b) The Services being suspended or terminated due to the surveillance subject or his or her associates becoming suspicious or otherwise hyper-sensitive, or for any other obstruction or limitation beyond the Company’s control;

(c) the Company’s decision to suspend or terminate the Services, should the Company form the view that the Company’s agent has or is likely to become exposed or compromised, or will otherwise suffer a hazard associated with the Services; or

(d) loss of contact with the subject of the Services.

5.2 The Company will make every effort to ensure that all reports and information supplied to the Client are as accurate and up to date as possible. The Company provides no warranty that any result or objective can or will be achieved or attained at all.

5.3 The Company accepts no responsibility or liability for any inaccuracy or error due to circumstances beyond the Company’s control, or for any action taken by the subject of the Services or a third party, after the report is presented to the Client.

6. Competition and Consumer Act 2010 (CCA)

6.1 Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory implied guarantees under the CCA) may be implied into these terms and conditions (‘Non-Excluded Guarantees’).

6.2 The Company acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.

6.3 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, the Company makes no warranties or other representations under these terms and conditions including but not limited to the suitability or success of the Services. The Company’s liability in respect of these warranties is limited to the fullest extent permitted by law.

6.4 If the Client is a consumer within the meaning of the CCA, the Company’s liability is limited to the extent permitted by section 64A of Schedule 2 of the CCA.

7. Default and Consequences of Default

7.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Company’s sole discretion such interest shall compound monthly at such a rate) after, as well as before any judgment.

7.2 If the Client owes the Company any money, the Client shall indemnify the Company from and against all costs and disbursements incurred by the Company in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor/client basis, the Company’s contract default fees, and bank dishonour fees).

7.3 Without prejudice to any other remedies the Company may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions, the Company may suspend or terminate the supply of Services to the Client. The Company will not be liable to the Client for any loss or damage the Client suffers because the Company has exercised its rights under this clause.

7.4 Without prejudice to the Company’s other remedies at law, the Company shall be entitled to cancel all or any part of any Services request of the Client which remains unfulfilled and all amounts owing to the Company shall, whether or not due for payment, become immediately payable if:

(a)  any money payable to the Company becomes overdue, or in the Company’s opinion the Client will be unable to make a payment when it falls due;

(b)  the Client becomes insolvent, convenes a meeting with its creditors, or proposes to enter into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or

(c) a receiver, manager, administrator, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

8. Cancellation

8.1  The Company may cancel any contract to which these terms and conditions apply at any time before the Services are commenced by giving written or verbal notice to the Client. On giving such notice, the Company may repay to the Client part of or all of the Fees paid by the Client for the Services. The Company shall not be liable for any loss or damage whatsoever arising from such cancellation.

8.2  If the Client cancels the Services within 24 hours of the commencement of the Services, any amounts paid by the Client by way of deposit shall not be refunded.

8.3  In the event that the Client cancels the Services, the Client shall be liable for any and all loss and costs incurred (whether direct or indirect) by the Company as a direct result of the cancellation.

9. General

9.1  The Client agrees not to directly employ or engage or offer to employ or engage anyone designated by the Company to work on the Services.

9.2  The Client agrees that the Company may exchange personal or other information about the Client with its agents and any other persons involved in the provision of the Services for the Client.

9.3  The failure by the Company to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Company’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

9.4  These terms and conditions and any contract to which they apply shall be governed by the laws of New South Wales.

9.5  The Client shall not be entitled to set off against, or deduct from the Fees, any sums owed or claimed to be owed to the Client by the Company or withhold payment of any invoice because part of that invoice is in dispute.

9.6  The Company may licence or sub-contract all or any part of its rights and obligations without the Client’s consent.

9.7  The Client agrees that the Company may amend these terms and conditions at any time. If the Company makes a change to these terms and conditions, then that change will take effect from the date on which the Company notifies the Client of such change. The Client will be taken to have accepted such changes if the Client makes a further request for the Company to provide Services to the Client.

9.8  Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.

9.9  The Client warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.