Terms and Conditions
Terms and conditions of service provider, The Private Group Pty Ltd, The Private Group Pty Ltd T/A Brisbane Private Investigator, and The Private Group Process Servers, phone 1300 966 103, email info@privateinvestigatorinbrisbane.com.au, or 24/7 Contact Us, free quotes. Where you read The Private Group Pty Ltd you may substitute The Private Group Process Servers, or any name The Private Group Pty Ltd (Australia) trades as.
Any order, or agreement to provide a service and/or goods and/or information, and/or receipt of the service and/or goods and/or information thereof by the client or purchaser or other, shall constitute an acceptance of the Private Group Pty Ltd terms and conditions, as amended from time to time.
The Private Group Pty Ltd generally operates on a 'cash in advance' basis. Where an agreement to provide a service is reached an invoice may be forwarded for payment prior to commencement of the service. In other cases where an agreement is reached payment may be made prior to the generation of an invoice, based on the acceptance of a verbal contract. Where payment is made by electronic transfer it is requested that the client uses their surname or business name as the identifier, along with any invoice number.
For companies where invoices are forwarded, initial terms of trade may be on presentation or a 7 day account, no more than $5000 credit. Once a relationship is established this may expand to a strict 30 day account. For matters over $5000 a director’s guarantee or similar authority SHALL be held (The Private Group Pty Ltd retains discretion in this matter).
Prices where quoted shall generally be in Australian Dollars for Australian contracts, and may be in US dollars for overseas contracts. Where the quote is for other than Australian Dollars this shall be identified. Where a price is displayed or a value quoted within Australia this shall generally include GST, unless otherwise stated or accepted as financial practice (allowances). Prices on some services, where provided in another country, may be GST exempt, process serving may be GST exempt. Where a price is quoted and accepted this shall be considered a binding written or verbal contract.
However, The Private Group Pty Ltd reserves the right to vary the agreement where matters beyond their control require such action. Examples of this include: extended travel where local work was quoted, an inability to locate the subject at the location targeted within allocated time frames, incorrect or out of date information is supplied by the client, inability to obtain permits/visa's within allocated times frames, vehicle accidents, incidents involving customs, police or security, illness of personnel, airport restrictions, aircraft restrictions (either in flight times or availability) and airport or aircraft failures, confusion over, of misinterpretation, of instructions. Our preference is ALWAYS written instructions, and information [e.g. email] with a follow up phone call.
Warranty on goods and services: The Private Group Pty Ltd cannot guarantee the outcome of any enquiry, investigation, recovery or other provision of service. The outcome is not generally known until the conclusion of the process. Goods supplied come only with the manufacturer’s warranty or statutory warranty. Any exchange, improvement or further offer of service shall be at the discretion of The Private Group Pty Ltd. The use of goods supplied or information received by clients or others is outside the control of The Private Group Pty Ltd, and as such no liability or responsibility is accepted. Limitation of Liability: to the extent provided herein and subject to any liabilities implied by statute, in no event shall The Private Group Pty Ltd nor it's employee's or sub-contractors, be liable for any loss, damage, consequence, action, or event consequential or otherwise howsoever arising from or otherwise connected with the advice, information, provision of service or goods whether alleged from breach of contract, express or implied warranty, in tort, breach of guidelines or breach of professional conduct.
This limitation shall not be construed to limit the administrative, disciplinary, punitive actions or legal recourse of The Private Group Pty Ltd with regards the actions of clients, employees and/or sub-contractors. Refunds are not generally provided where a service is contracted. It is the clients responsibility to ensure that they supply the correct information, and have any necessary supporting documents, to enable the performance of a service (Any refund is at the sole discretion of the management of The Private Group Pty Ltd, or partner in The Private Group Process Servers). The Private Group Pty Ltd decisions with regard any dispute shall be final and binding on all parties (to be read in conjunction with Limitation of Liability clauses). PENALTIES: For overdue accounts we will charge an account keeping fee of $30 a month, on the last day of the month. Interest of 5%, monthly, charged on the first of the month will be incurred (or any other rate later stipulated by the decision of a court). Please note we are not a financial institution or money lender. ALL CHARGES ARE CUMULATIVE.
NOTE: Where we must commence proceedings to recover monies owed the costs associated with the debt recovery shall be the debtors. Costs include Mercantile services, skip tracing, investigations, legal expenses, travel costs. We may utilise our own staff. Minimum charge $440.
BY ACCEPTING OUR OFFER OF SERVICE YOU ALSO ACCEPT OUR TERMS OF TRADE.
Our terms of trade shall be governed by, and construed, according to the laws of Queensland, Australia. The Private Group Pty Ltd, our clients, purchasers and others hereby consent and submit to the jurisdiction of the Courts of Queensland, Australia, as a condition of any contract or agreement.
The Private Group Pty Ltd further reserve the right to nominate which Court District shall be utilised for any such hearing, at the time of listing such matter. This is a further condition all parties must comply with, as part of our terms. When signing on behalf of a third party or legal entity such signature shall be proof that the prerequisite authority is held.
A facsimile or scanned copy of a signature shall be accepted as an original version. These terms and conditions shall be considered as full and complete, in their written form.
Australian Consumer law, with regards service provision:
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
to cancel your service contract with us; and to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to be compensated for any other reasonably foreseeable loss or damage.
Please bear in mind the onus on you to provide correct information, or instructions.
If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the
unused portion of the contract.
With our services we can offer no guarantee of outcome, until service is complete; please note interference with service provision, and changes to our service to try and meet client demands, may actually attract extra charges associated with the costs of meeting these extra requests (variations).
Any order, or agreement to provide a service and/or goods and/or information, and/or receipt of the service and/or goods and/or information thereof by the client or purchaser or other, shall constitute an acceptance of the Private Group Pty Ltd terms and conditions, as amended from time to time.
The Private Group Pty Ltd generally operates on a 'cash in advance' basis. Where an agreement to provide a service is reached an invoice may be forwarded for payment prior to commencement of the service. In other cases where an agreement is reached payment may be made prior to the generation of an invoice, based on the acceptance of a verbal contract. Where payment is made by electronic transfer it is requested that the client uses their surname or business name as the identifier, along with any invoice number.
For companies where invoices are forwarded, initial terms of trade may be on presentation or a 7 day account, no more than $5000 credit. Once a relationship is established this may expand to a strict 30 day account. For matters over $5000 a director’s guarantee or similar authority SHALL be held (The Private Group Pty Ltd retains discretion in this matter).
Prices where quoted shall generally be in Australian Dollars for Australian contracts, and may be in US dollars for overseas contracts. Where the quote is for other than Australian Dollars this shall be identified. Where a price is displayed or a value quoted within Australia this shall generally include GST, unless otherwise stated or accepted as financial practice (allowances). Prices on some services, where provided in another country, may be GST exempt, process serving may be GST exempt. Where a price is quoted and accepted this shall be considered a binding written or verbal contract.
However, The Private Group Pty Ltd reserves the right to vary the agreement where matters beyond their control require such action. Examples of this include: extended travel where local work was quoted, an inability to locate the subject at the location targeted within allocated time frames, incorrect or out of date information is supplied by the client, inability to obtain permits/visa's within allocated times frames, vehicle accidents, incidents involving customs, police or security, illness of personnel, airport restrictions, aircraft restrictions (either in flight times or availability) and airport or aircraft failures, confusion over, of misinterpretation, of instructions. Our preference is ALWAYS written instructions, and information [e.g. email] with a follow up phone call.
Warranty on goods and services: The Private Group Pty Ltd cannot guarantee the outcome of any enquiry, investigation, recovery or other provision of service. The outcome is not generally known until the conclusion of the process. Goods supplied come only with the manufacturer’s warranty or statutory warranty. Any exchange, improvement or further offer of service shall be at the discretion of The Private Group Pty Ltd. The use of goods supplied or information received by clients or others is outside the control of The Private Group Pty Ltd, and as such no liability or responsibility is accepted. Limitation of Liability: to the extent provided herein and subject to any liabilities implied by statute, in no event shall The Private Group Pty Ltd nor it's employee's or sub-contractors, be liable for any loss, damage, consequence, action, or event consequential or otherwise howsoever arising from or otherwise connected with the advice, information, provision of service or goods whether alleged from breach of contract, express or implied warranty, in tort, breach of guidelines or breach of professional conduct.
This limitation shall not be construed to limit the administrative, disciplinary, punitive actions or legal recourse of The Private Group Pty Ltd with regards the actions of clients, employees and/or sub-contractors. Refunds are not generally provided where a service is contracted. It is the clients responsibility to ensure that they supply the correct information, and have any necessary supporting documents, to enable the performance of a service (Any refund is at the sole discretion of the management of The Private Group Pty Ltd, or partner in The Private Group Process Servers). The Private Group Pty Ltd decisions with regard any dispute shall be final and binding on all parties (to be read in conjunction with Limitation of Liability clauses). PENALTIES: For overdue accounts we will charge an account keeping fee of $30 a month, on the last day of the month. Interest of 5%, monthly, charged on the first of the month will be incurred (or any other rate later stipulated by the decision of a court). Please note we are not a financial institution or money lender. ALL CHARGES ARE CUMULATIVE.
NOTE: Where we must commence proceedings to recover monies owed the costs associated with the debt recovery shall be the debtors. Costs include Mercantile services, skip tracing, investigations, legal expenses, travel costs. We may utilise our own staff. Minimum charge $440.
BY ACCEPTING OUR OFFER OF SERVICE YOU ALSO ACCEPT OUR TERMS OF TRADE.
Our terms of trade shall be governed by, and construed, according to the laws of Queensland, Australia. The Private Group Pty Ltd, our clients, purchasers and others hereby consent and submit to the jurisdiction of the Courts of Queensland, Australia, as a condition of any contract or agreement.
The Private Group Pty Ltd further reserve the right to nominate which Court District shall be utilised for any such hearing, at the time of listing such matter. This is a further condition all parties must comply with, as part of our terms. When signing on behalf of a third party or legal entity such signature shall be proof that the prerequisite authority is held.
A facsimile or scanned copy of a signature shall be accepted as an original version. These terms and conditions shall be considered as full and complete, in their written form.
Australian Consumer law, with regards service provision:
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
to cancel your service contract with us; and to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to be compensated for any other reasonably foreseeable loss or damage.
Please bear in mind the onus on you to provide correct information, or instructions.
If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the
unused portion of the contract.
With our services we can offer no guarantee of outcome, until service is complete; please note interference with service provision, and changes to our service to try and meet client demands, may actually attract extra charges associated with the costs of meeting these extra requests (variations).