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Terms and Conditions

TERMS OF ENGAGEMENT

1. OUR FEES

Our professional fees are charged on a time and attendance basis and the hourly rate for our Investigators and surveillance operators is based on their level of seniority and experience. In determining our fees we may also take into account other relevant factors such as:

  1. The skill, knowledge and responsibility required;

  2. The value or amount of property involved and or recovered;

  3. The complexity, novelty and urgency of the matter; and

  4. The documents prepared or perused and or the preparation required.

It is not always possible to provide you with an exact amount of fees however we will always endeavour to provide you with an accurate estimate. We charge in advance as it will vary depending on the type of work, amount of work as well as other relevant factors. Any estimate we do provide is only to be used as a guide and we reserve the rights to amend at any time.

2. DISBURSEMENTS / OFFICE EXPENSES

We will either pass on or charge any out-of-pocket expenses we incur. Disbursements / office expenses can include (but not limited to) any of the following:

  1. Filing fees;

  2. Courier charges;

  3. File retrieval fees and searches;

  4. Photocopying / faxing;

  5. Travel;

  6. Accommodation;

  7. Toll charges; and

  8. Mobile phone costs.

3. BILLING

We will usually ask that you make payments to us on account of anticipated fees at the time of receiving your instructions. Thereafter we will endeavour to bill you on a weekly basis. If we are holding money on account of anticipated fees we may deduct any outstanding fees, office charges and disbursements from the funds held on your behalf.

CONDITIONS OF AGREEMENT

4. DEFINITIONS in these conditions:

“The Company” means ADVANCED INVESTIGATIONS 2004 LIMITED, its agents, subcontractors, and assignees.

“Agreement” means the agreement constituted by the ‘Request for Services’ (RFS) as accepted by the Company, these conditions, and any variation effected in accordance with these conditions.

“The Client” means the person – as an individual, firm or company specified as the Client stated on the ‘Request for Services’. “The Principal” also means “the Client”.

Any individual named as the client, together with a company entity, will be contractually deemed to be the client and is personally liable for all incurred fees.

5. SERVICES

The Company shall supply the services selected on page 2 of the RFS by the Client.

6. FEES

  1. All fees payable by the Client shall be paid in the manner agreed upon between the Company and the Client. If an agreement is not made, then within seven (7) days of the Company producing an invoice to the Client. The Client shall be liable to pay all goods and services tax (GST) levied on these fees. Amounts outstanding after two (2) months will be subject to interest at the rate of 2% per month.

  2. No fees paid during the term of this Agreement shall be refundable to the Client, except where the Company deems reasonable in the circumstances.

  3. The fees shall only be applicable to the services which the Company has agreed to provide as specified on pages 2 and 3 of the RFS. The Company shall be entitled to make additional charges in respect of any change deemed necessary to provide these services professionally and efficiently.

  4. All fees (apart from any establishment fees paid at the commencement) payable by the Client may (on account of any variation in the costs of labour, materials, transport or other costs), be varied by the Company by giving notice in writing to the Client at any time during the term of the Agreement. The notice shall state the date from which the new fee or fees shall be effective.

  5. The Client agrees that in the unlikely event of the Company having to instruct Solicitor’s and/or a debt collection agency to take legal or recovery action for the recovery of fees, that all fees and costs involved, plus any additional time costs incurred by the company to pursue the debt, will also be legally recoverable from the client. The client also agrees to pay interest on overdue debtor accounts at the rate of 2% per month.

7. INDEPENDENT CONTRACTORS

It is acknowledged by the Client that the services to be provided by the Company may be provided or carried out by an independent contractor to the Company.

8. LIMITATION OF COMPANY’S LIABILITY AND INDEMNITY

  1. The Company shall have no liability whatsoever (whether in contract, tort or otherwise) for any losses, claims, costs or damages suffered by the Client or any third party arising out of:

    1. Any negligence by the Company, its servants, agents or contractors in the performance of its obligations or any services provided;

    2. Any breach by the Company of any term or provision;

    3. Any advice, instructions or information given by the Company which is given in a negligent manner or which is incorrect in any aspect; and

    4. Any misrepresentation in relation to this Agreement or any other matter or thing whatsoever which may give rise to any cause of action against the Company.

  2. Without limiting the generality of paragraph (a) above, the Company expressly excludes liability for consequential or indirect loss or damage which may arise in respect of the provision of the equipment or services provided by or through the Company.

  3. The Company shall not be liable for, and the Client hereby absolutely and irrevocably indemnifies the Company, its contractors and the investigators for all costs, claims and fees, (including costs on a Solicitor/Client basis), damages and other monies incurred by the Company and the investigators in pursuance of the investigation on the Client’s behalf.

  4. The Client agrees that no claim or allegation shall be made against any servant, agent or contractor of the Company which attempts to impose any liability whatsoever in connection with the performance, manner of performance or non-performance of the Company’s obligations. If any such claim or allegation is made, the Company and any such servant, agent or contractor is indemnified against all the consequences.

  5. It is agreed that for the purposes of Section 4 of the Contracts (Privacy) Act 1982, all provisions limiting or excluding the liability of the Company contained in these terms and conditions shall be for the benefit of all servants, agents and contractors of the Company.

  6. If, notwithstanding the aforementioned, the Company shall be liable in law to the Client in any way, the Company’s liability shall in all cases be limited to the total amount of fees payable to the Company under this Agreement.

9. TERMINATION

  1. Notice – This Agreement may be terminated immediately by the Client by giving notice in writing to the Company any time. In this case the Client will be required to pay all fees for work undertaken and for office charges and disbursements incurred up to the date of termination. This Agreement may be terminated immediately by the Company by notice in writing to the Client if:

  1. The Client fails to pay any moneys payable on the due date or commits any other breach of the terms hereof;

  2. The Client becomes bankrupt, goes into receivership or liquidation, or being an individual, dies.

b) Consequences of Termination

Upon termination, all the Company’s obligations shall cease and the Company shall be entitled to repossess all equipment of which it is the owner and for that purpose the Client hereby irrevocably authorises the Company to enter upon the Client’s premises without being liable to the Client or any third party in respect of any loss or damage caused thereby. Ownership/Title of any equipment supplied to the Client will not transfer to the Client until the Company has received payment in full. Upon demand, if payment is not made by the Client, the Client agrees the Company may enter upon the Client’s premises, by force if necessary, and recover any equipment that the client has not paid for.

c) Non-assignment

Neither the interest of the Client under this Agreement nor this Agreement shall be transferred without the prior written consent of the Company, which may be withheld for any reason.

d) Entire Agreement

This Agreement contains the whole of the terms of the agreement between the parties and all other terms, conditions and warranties which might otherwise have been implied by law or have had any application are expressly excluded. All prior agreements, arrangements or understandings between the parties shall be deemed to be cancelled from the date of the signed and dated RFS.

e) Notices

      1. Any notices to be given under this Agreement shall be signed by or on behalf of the party giving such notice and shall be served by delivering or forwarding the notice by ordinary prepaid post to the registered office, or usual or last known address of the party to receive it. Any such notice shall be deemed to have been duly served on the date of such delivery or on the third day after the date of its posting by ordinary prepaid post.

      2. The Client shall advise the Company in writing as to any changes to the detailed information contained in the RFS at least 48 hours prior to any changes becoming effective.

f) Variations

No variation of the terms of this Agreement shall be binding on the Company or the Client unless in writing signed by or on behalf of both parties.

g) Applicability of Contract Terms

The terms and conditions set out herein apply to all quotations given by the Company and shall be deemed to be incorporated in and form part of all agreements made with the Company.

  1. PRIVACY

The client gives the company authority in accordance with the Privacy Act 1993 to make whatever enquiries that the company deems necessary with any person and/or credit reference agency prior to granting the credit terms and conditions that are set out in the RFS.

  1. COURT FEES

The client acknowledges that the company shall be paid for all subsequent court and /or tribunal attendances that it and its investigators are obliged to attend which are arising from this agreement. This will be charged at the hourly rate specified in the RFS whether the court and or tribunal action is initiated by the client and/or any other party.