SERVICES TERMS AND CONDITIONS
Elite Investigations Group Pty Ltd ACN 163 365 697 (‘Elite’ or ‘we’) have agreed to supply services to You and You and Elite agree to be bound by the following terms and conditions:
“Loss or Damage” includes but is not limited to direct loss or loss of profits or indirect, consequential, incidental, special, exemplary or punitive loss or damage howsoever caused (including through the negligence of You or others).
“Price” means the price for the services procured by Us for You at your request.
“Services” means investigative work, surveillance and evidence collection.
“We” and “Us” means Elite Investigations Group Pty Ltd ACN 163 365 697, its employees, contractors and agents.
“Website” means the Elite Investigations Group website.
“You” means you or anyone other person that gives us instructions or your employees, contractors and agents.
1.1 We will supply Services to You at Your request upon the terms and conditions described in these Terms and Conditions; in the application form; on the website; in the specific terms & conditions that apply to the “Services” in the application forms; in any other documentation annexed to or provided with any of the above documents, including but not limited to texts messages, facsimiles, emails; and any other information or instructions provided to us via skype or any other method (together described as the Documents).
1.2 You acknowledge that We may engage contractors in the performance of the Services.
2.1 We will rely upon the accuracy of any information, documents, advice, records or data You provide to Us. To the maximum extent permitted by law, we are not liable for any Loss or Damage that may arise as a direct or indirect result of any such information, advice, records or data provided to us by You or by any other entity.
2.2 You warrant that currently there is no any form of summons or judgment or intervention order in reference to the subject listed in the Documents, against yourself except as provided within the Documents.
3.1.1 As an individual/business without prior written authority to defer payment until after services have been provided You will pay to Us without deduction such fees and other amounts as are described in the Documents. Our terms of trade are payment of estimated amount before commencement of services. Further, You agree to reimburse Us for all expenses reasonably and necessarily incurred in the performance of the Services as well as any further costs as they eventuate.
3.1.2 As an individual/business with prior written authority to defer payment until after services have been provided You will pay to Us without deduction such fees and other amounts as are described in the Documents. Our terms of trade are 14 days from the invoice date. Further, You agree to reimburse Us for all expenses reasonably and necessarily incurred in the performance of the Services
3.2 We may incur expenses and disbursements (being money which We pay or are liable to pay to others on your behalf). These may include search fees; enquiry fees; court filing fees; process servers; externally hosted telephone calls; experts’ reports; parking tickets, food costs, parking fees, entry fees or expenses for entry into venues, travel expenses; and transcripts.
3.3 Unless expressly provided otherwise in the Documents, prior to providing the Services, You must deposit all fees estimated within the Documents to a bank account as advised to You from time to time whilst also providing a copy of the deposit receipt.
4.1 We will charge You fees for the Services We do based on rates as set out within the Documents.
4.2 The parties acknowledge that in the event that any estimate is given, the estimate is merely an estimate only and not a fixed quote. The total costs may exceed the estimate. While the estimate is based on present information and instructions and our current understanding from You as to what Services are required, Our costs may exceed the estimate if further information becomes available or circumstances change which impact on these matters (which is likely to occur in most circumstances).
5.1 We will not be responsible if during the performance of the Services, the subject listed in the Documents is made aware of Our existence or is made aware that We are currently performing the Services. To the maximum extent permitted by law neither We or Our servants or agents: shall be liable to any loss suffered by any person or any other entity.
6.1 To the fullest extent permitted by law, We accept no liability for any Loss or Damage arising from our agreement or dealings with You including (without limitation), the act or omissions of any third party or of any of our employees, officers, agents, contractors or subcontractors or the failure of, fault or defect, in any contractors or subcontractors or the failure of, or default or neglect, in any service, network, facilities, equipment or service recommended or procured by You and Us in supplying the services or the contents of any report supplied by Us, or any reliance that You, your business or any other entity makes on such reports, or use to which You or such entity put such report.
6.2 You shall indemnify Us for any Loss or Damage that arises directly or indirectly form any no –compliance by You or any other entity with any provision of any contract with any energy or other retailer.
7.1 Any guarantee, condition or warranty which would otherwise be implied in this Agreement is hereby excluded.
7.2 To the extent any legislation implies any guarantee, condition or warranty, Our liability for breach of such guarantee, condition or warranty shall be limited at Our option to: (a) if the breach relates to goods; (i) the replacement of the goods or the supply of equivalent goods; and (b) if the breach relates to services: (i) the supplying of the services again or the cost of having the Services supplied again.
7.3 You acknowledge that you have not entered into this agreement in reliance upon any statement (written or verbal) made by Us, other than expressly contained in the Documents.
8.1 You acknowledge that We may terminate this agreement by giving the You 48 business hours notice. Upon termination, You will be liable for all amounts owing to us up to the date of termination and payable within seven (7) calendar days.
8.2 You acknowledge that any cancellations for the Services within 48 business hours of engaging Our Services or commencement of planning/research/strategizing by Us (as determined by Us acting reasonably), You will be liable for all expenses or fees (including but not limited to travel charges) incurred by Us and a minimum of 4 hours at the rate set out within the Documents payable within seven (7) calendar days.
8.3 You agree that in the event that any amount owed is not paid within seven (7) calendar days of termination of agreement that any costs to retrieve the debt including but not limited to referring to a third party debt collection agent, legal practitioner or other associated costs including interest at 12% per annum will be added to your account and is payable by You.
9.1 You will keep confidential at all times all information supplied by You to Us or by Us to You.
9.2 These terms and conditions and the Documents contain the whole of the agreement between You and Us.
9.3 Any illegal or invalid provision of our agreement will be severable to the extent required to make this agreement enforceable and all other provisions will remain in full force and effect.
9.4 Any notice required to be given by either party must be delivered personally, or sent by pre-paid mail or by facsimile to the address of the other as last notified.
9.5 This agreement shall be governed and construed in accordance with the laws of Victoria and the parties hereby submit to the jurisdiction of the Courts of that state.
9.6 Unless expressly stated otherwise, the charges payable for the Services under this agreement are exclusive of GST. You must pay to Us in addition to the charges for the Services an amount equal to any GST payable on the supply of the Services. That additional amount is payable at the same time any part of the charges for the Services is payable. We will issue a tax invoice to you for the supply of those Services at or before that time.