Terms & Conditions

Services

Melbourne Confidential shall offer the following service/s to the client in accordance with the terms and conditions of this Agreement. The details of such service will be found in the agreement presented to the client prior to commencement the service.

The specifics of any activity/ies undertaken by Melbourne Confidential shall be discussed with the client prior to formal instructions and commencement of any investigation.

Delivery of the services

Melbourne Confidential will commence the instructed activities in a timeframe agreed by both parties, detailed in the agreement presented to the client prior to commencement of the service.

Melbourne Confidential shall complete/stop providing the Service/s when:

The objective of the service/s has/have been achieved.

Melbourne Confidential deems appropriate.

The client deems it appropriate to discontinue the service/s and gives sufficient notice (see conditions mentioned in Termination of Agreement).

Required by law to cease.

Melbourne Confidential aims 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.

Our fixed investigation packaged fee’s may have aditional cost towards extensive travel, accomodation and expences outside it coverage.

Limitation of liability

Melbourne Confidentials liability (including negligence) arising directly / or in connection with: the performance 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 Melbourne Confidential be liable for any loss of profits, goodwill, loss of business, loss of data or any other indirect or consequential loss or damage whatsoever.

Term and termination

Either Party may terminate the Agreement in writing at any time if the other is in breach of any obligation contained in this Agreement.

Any termination of this Agreement (howsoever occasioned) shall not affect any accrued rights or liabilities of either Party.

The client may terminate this agreement at any time for any reason.

If the client decides to terminate this agreement within 24 hours of commencement of the agreement, Melbourne Confidential will retain up to 25% of the value of the package mentioned in the agreement.

If the agreement is terminated either by the client or Melbourne Confidential after the initial 24 hours, Melbourne Confidential will be entitled to retain 66% of the total agreed fee. The Provider will retain all the evidence and records. When applicable a downgrade of package may be offered to the client and the difference costs retained at the 66% rate.

The cancellation of any service needs to be made in writing. Cancellation notice needs to be emailed with-in 24 hours after the acceptance of the signed agreement. If cancellation notice has not been provided within the specified time frame, the client shall be responsible for all costs incurred by Melbourne Confidential. Costs may include agent’s expenses, scheduled time, specialised equipment and other sundry costs.

In the event the client is not forthcoming with correct and true information to Melbourne Confidential it is our policy to terminate the agreement that has been agreed upon. Any domestic violence orders will impose an immediate termination of contract with the 100% of fee’s payable, plus any other direct expenses that Melbourne Confidential has occurred. Melbourne Confidential has the right to terminate this agreement in the event of any threatening behaviour or abuse to its staff or third parties that have been engaged to assist in your matter. We enforce a zero tolerance policy to the above mentioned. Uncontrollable external third party risks that are directed towards our operatives at any time may incur a cancellation of the agreement.

Melbourne Confidential reserves the right to cancel an investigation that relates to the risk of employees/contractors surrounding weather conditions and acts of god. State road rules and external threats may compromise the investigation and result in termination.

Law

The client agrees they are 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 Melbourne Confidential, its subcontractors and agents from any claim or suit whilst operating on behalf of the client.

Melbourne Confidential, its subcontractors and agents will not knowingly breach any laws, whilst operating on behalf of the client.

In no event will Melbourne Confidential be liable to the client or any third party for any damages the agreement constitutes.

If ultimately required, any attendances in person or otherwise at courts, tribunals, police facilities, other Government or law enforcement agencies or any other venue arising out of any engagement of Melbourne Confidential, employees, consultants, subcontractors and agents in your matter in any form (regardless of whether that engagement is in trade and commerce), whether that attendance is at your request, by subpoena or the lawful request of any person or entity, will be charged to you at the hourly rate mentioned in the agreement under court attendances, per attendee. This hourly rate also applies to any travel time, in your matter if called to give evidence or attend any venue or if put on standby for court or another venue on any day (including part of a day) or days then a daily rate of 8 hours plus travel time and disbursements including an ATO-accepted kilometre rates will apply. Being placed on standby includes any order or request to attend court or be prepared to attend court regardless of whether an attendance is required.

Any administrative time whatsoever expended in preparing for and administering a court attendance, an attendance on any other venue by any Melbourne Confidential representative or consultant in your matter, in complying with a subpoena or other court order compelling action, issued as a result of any engagement of Melbourne Confidential employees or consultants in your matter in any form regardless of whether the attendance is ultimately required, will also be charged to you at the rate mentioned in the agreement under court attendances.

Any legal fees incurred that arise in any way out of any request will be charged at a preferred rate. Our agents/staff charge from departure from their registered address until thier return.

Intellectual property

All video and information written under intellectual property law will always remain the ownership of Melbourne Confidential/ or its staff. An option will be available for you to purchase the intellectual rights at nominal fee.

In the event of non-payment: Melbourne Confidential reserves the right to use the material at our discretion.

Payment

Ordinarily we will accept payment of charges by direct debit, bank deposit and electronic transfer and credit card. 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 Melbourne Confidential 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 costs mentioned in the agreement. Any and all amounts payable for service/s shall be payable immediately or upon a mutually agreed term.

Melbourne Confidential will receive 100% of the cost of the selected package for the investigation prior to commencing work. Melbourne Confidential 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 Melbourne Confidential in writing of any discrepancies or unauthorised charges within fourteen (14) 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 Melbourne Confidential from all liabilities and claims of loss resulting from any error or discrepancy.

The costs of any service/s provided by Melbourne Confidential will be disclosed in the agreement and agreed to by both parties, prior to commencement of the investigation.

Default in payment

In default of due payment of its invoice, Melbourne Confidential 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 Melbourne Confidential for any legal costs which it may reasonably incur to recover its invoice sum.

Privacy & agreement complaints procedure

If an individual feels Melbourne Confidential has breached its obligations in the handling, use or disclosure of their personal information or have not delivered a service or product agreed upon with-in the agreement or our privacy policy, the client may raise a complaint. We encourage individuals to discuss the situation with the representative in the first instance, before making a complaint, this will generally be our operations manager. Adam can be contacted via email at adam@melbourneconfidential.net.au to set up a time to discuss the issue at hand.

The complaints handling process is as follows

  • The individual should make the complaint including as much detail about the issue as possible in writing to Melbourne Confidential, to the staff members in charge: adam@melbourneconfidential.net.au
  • Melbourne Confidential will investigate the circumstances included in the complaint and respond to the individual as soon as possible (and within 14 calendar days) and will respond regarding its findings and actions following the complaint.
  • After considering the complaint process, if the individual is still not satisfied they may escalate their complaint to the directors. The operations manager will escalate the matter upon your request. If the complaint is still unresolved, you can consider lodging a formal complaint with the department of fair trading.
  • Every case is considered a private service which has agreements to protect both parties. Please note, you may need the permission of Melbourne Confidential to release information based on our agreement and terms to any third party. Examples: fair trading/ solicitors, friend and family or representaitves.