These terms and conditions (T&Cs) set out the contractual basis upon which Virtual Intelligence (Aust) Pty Ltd (ABN 54 096 454 894) (we, us, our etc…) will provide services to you. Our T&Cs are subject to our fee structure set out below.Our BUSINESS We are in the business of factual and surveillance investigations. YOUR requirements
You require us to manage and report on factual and surveillance investigations.
If you wish to amend your requirements (as set out in your Investigation Request form) at any time you are required to provide our Head Office with at least 48 hours notice of any such amendment. If we deem necessary we may provide you with an updated fee structure before we can provide any further services to you.
Failure to provide us with at least 48 hours notice of any changes to your requirements may result in us being prevented from providing the services to you within the time frame requested by you and/or administration fee of a minimum of four (4) hours at our standard hourly rate.YOUR DETAILS
Before providing any services to you, we require you to provide us with your complete contact details and an Investigation Request form and return them to our Head Office.LIABILITY
To the extent permitted by law, we assume no liability for any loss or damage suffered by you through the provision of the services.CONFIDENTIALITY
All information supplied to you by us as a part of the provision of the services, including these T&C’s and any other documentation provided to you by us, is confidential. You must not release any of this information to any third party, unless required by law, without our written consent.FEES
You are liable to pay us the fee(s) for our services as set out in our Schedule of Fees, which is updated from time to time. If you do not have a copy of our current: Schedule of Fees please contact us.OUR PERSONNEL
We may use our employees and/or independent contractors to provide the services to you.
Our employees are under agreement not to seek or accept employment or any other form of engagement with our clients, and it is a condition of our agreement with you to provide our services that neither you nor any firm, company, business or other entity associated with or related to you will employ or otherwise engage or offer to employ or otherwise engage any of our employees.
Should you or any firm, company, business or other entity associated with or related to you employ or otherwise engage any of our employees within 12 months of us having provided you with any goods or services you will incur a recruitment fee of 15% of the salary or fee you agree to pay our former employee. We will issue you with an invoice for this amount once we become aware of the employment or other form of engagement which be payable in accordance with the Accounts clause below.ACCOUNTS Issue of Accounts
We will issue an account in the form of a Tax Invoice after the services have been provided to you.
We will send our invoices to the person whom requested the services from us, unless otherwise instructed by you.
You must notify us of any complaint in relation to your account within 14 days of the invoice date otherwise payment of the account in full is required.Payment of Accounts
Terms are strictly 30 days from the date of invoice.
Payment by cash, cheque, money order or Electronic funds transfer is accepted. Cheques and money orders must be made payable to “Virtual Intelligence (Aust) Pty Ltd”.Unpaid Accounts
If any of your accounts are unpaid, we may elect not to provide any further services to you until all unpaid accounts are paid in full. We may also elect to charge interest on any amount outstanding at the rate prescribed under the Supreme Court Act 1970 (NSW).Third Parties
You must pay our accounts whether or not, you have a right of indemnity or recovery from a third party, any third party seeks an assessment of any of our accounts and/or we have come to an arrangement with a third party.Goods and Services Tax
Goods and Services Tax (GST) must be paid at the same time as payment of our fees and non-payment is subject to the same treatment as unpaid accounts.INTELLECTUAL PROPERTY
We retain ownership of all intellectual property in all work carried out by us or by our personnel.COMPLAINTS
If you have any complaints about any aspect of the services provided to you by us, you must notify our Head Office of the specifics of your complaint within 7 days of the services being provided to you.your responsibilities
You must provide full and accurate information in all forms provided to us including but not limited to the Investigation Request form and where relevant assist us with organising interviews and other appointments as we may require to be able to provide the services to you.ENTIRE AGREEMENT AND VARIATIONS
These T&Cs and the Investigation Request form constitute the entire agreement between us and you. Any variation of the T&Cs and the Investigation Request form or the Agreement will only be effective if they are in writing signed by both parties.CLIENT AUTHORITY
Any person who purports to enter into the agreement constituted by the T&Cs and the Investigation Request form on your behalf hereby warrants that for all purposes of the agreement he or she is your duly authorised agent and if such person is not your duly authorised agent then in consideration of us entering into the agreement he or she shall be deemed to be jointly and severally liable with you to us under all the terms, covenants and conditions of the agreement.LAW AND JURISDICTION
The Agreement is subject to the laws of New South Wales and the parties submit to the jurisdiction of the Courts of New South Wales.SEVERANCE If for any reason any provision of these T&Cs would render the agreement ineffective, void, voidable, illegal or unenforceable, that provision or the relevant part thereof shall, without in any way affecting the validity of the remainder of the agreement, be severable and the agreement shall be read and construed and take effect for all purposes as if that provision or part were not contained herein. WAIVER No failure to exercise and no delay in exercising any right, power or remedy under these conditions will operate as a waiver. Nor will any single or partial exercise of any right power or remedy preclude any other or further exercise of that or any right, power or remedy. TERMINATION
Either party may terminate this agreement at any time, subject to the provision of 14 days written notice.
If you becomes insolvent, goes into liquidation, receivership, voluntary or other administration or some similar legal process, fail to make a payment to us when due or are otherwise in breach of any of these T&Cs in a material way then at any time thereafter (unless we expressly waive that failure, breach or circumstance in writing) we may by written notice to you immediately terminate the agreement set out in these T&C’s.
Upon termination of this agreement you must pay us immediately for all services provided.ACCEPTANCE By signing or providing us with an Investigation Request form or providing us with verbal or written instructions to perform services for you, you are deemed to have accepted these T&Cs and of Schedule of Fees.