Terms and Conditions
My Private I shall offer the following service/s to the Client in accordance with the terms and conditions of this Agreement:
¥ Investigation of Persons: to undertake any activity on behalf of a second person (not being his or her employer), that involves finding a third person, or investigating a third person’s business or personal affairs
¥ Surveillance of Persons: to undertake any activity on behalf of a second person (not being his or her employer), that involves the surveillance of a third person
The specifics of any activity/ies undertaken by My Private I shall be discussed with the Client prior to formal instructions and commencement of any investigation.
2. Delivery of the Services
My Private I will commence the instructed activities in a time frame agreed by both parties.
My Private I shall complete/stop providing the Service/s when:
(i) the objective of the Service/s has/have been achieved
(ii) My Private I deem appropriate
(iii) the Client deems it appropriate to discontinue the Service/s and gives sufficient notice
(iv) required by law to cease
My Private I aim to work constructively and efficiently, thus providing all of its services quickly and efficiently. Due to the nature of investigations a successful outcome for a case can never be guaranteed or predetermined. My Private I charge for the time spent on a particular case and not the outcome. However, all reasonable efforts will be made to produce a positive result in accordance to the Client’s objectives.
3. Limitation of liability
My Private I liability (including negligence) arising directly / or in connection with, these terms or the performance or observance of its obligations under these terms and every applicable part of it shall be limited in aggregate to the cost of the service/s. In no event shall My Private I be liable for any loss of profits, goodwill, loss of business, loss of data or any other indirect or consequential loss or damage whatsoever.
4. Term and Termination
Either Party may terminate this Agreement in writing if the other is in breach of any obligation contained in this Agreement, which is not rectified within 7 days of written notice from the other Party.
Any termination of this Agreement (howsoever occasioned) shall not affect any accrued rights or liabilities of either Party. There will be a cancellation fee of the minimum expected cost for any scheduled investigation operations.
The Client agrees that the Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Service/s contemplated herein. The Client will protect, and defend My Private I, its subcontractors and agents from any claim or suit whilst operating on behalf of the client.
My Private I, its Subcontractors and Agents will not knowingly breach any laws, whilst operating on behalf of the client.
6. Legal Notice
In no event will My Private I be liable to the Client or any third party for any damages. This agreement constitutes the sole agreement between My Private I and the Client regarding any Service/s provided by My Private I.
Ordinarily we will accept payment of charges by direct debit, bank deposit and electronic transfer and PayPal, but we reserve the right to refuse any payment method if we have reason to believe such payment will be dishonoured.
The customer may not withhold payment of any invoice or other amount due to My Private I for any reason. The Client agrees to pay all fees and charges (and applicable taxes) incurred which relate to the use of the Service/s, in accordance with the rates and Terms and Conditions. Any and all amounts payable for service/s shall be payable within 7 days from invoice date.
My Private I may request a deposit of up to 100% of the estimated cost/quote for the investigation prior to commencing work. My Private I shall not be required to refund to the Client, in whole or in part, any amounts paid or prepaid for use of any services, unless otherwise agreed.
Unless the Client notifies My Private I in writing of any discrepancies or unauthorised charges within thirty (30) days after they appear on the invoice or bank statement, they will be deemed as accepted by the Client for all purposes. This includes resolution of enquiries made by the Client’s card issuer and releases My Private I from all liabilities and claims of loss resulting from any error or discrepancy.
The costs of any service/s provided by My Private I will be disclosed and agreed to by both parties, prior to commencement.
8. Default in Payment
In default of due payment of its invoice, My Private I may in its absolute discretion and irrespective of any other rights maintain an action against the Client for the invoice sum upon which interest shall be payable at the rate of 8% per calendar month or part thereof from the date of the invoice until payment. The Client agrees to pay My Private I for any legal costs which it may reasonably incur to recover its invoice sum.
My Private I, its Agents and Representatives will never disclose Client information without being served the appropriate legal instruments. In the absence of such an instrument, or Client authority to release information pertaining to a Client’s investigations, My Private I considers all Client materials, identity data, and all materials relating to Client investigations as highly confidential. All information kept and stored by My Private I will be held in accordance to AU Data Protection Laws.
The Client can request in writing that we release any such information to a third party. Furthermore, to disclose activities carried out by My Private I to a third party the Client must request permission in writing.
The cancellation of any service needs to be made in writing. Cancellation notice needs to be sent 72 hours prior to the service commencing, however it is within My Private I’s discretion to wave the 72 hours’ notice. If cancellation notice has not been provided within the specified time frame, the Client shall be responsible for all costs incurred by My Private I. Costs include Agent’s expenses, scheduled time, specialised equipment and others sundry costs. Payment of these costs comes due immediately and/or may be deducted from any deposits made.
Choosing to use My Private I and paying the agreed amount in the invoice, signifies your agreement to these terms.