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.
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
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allocated time frames, incorrect or out of date information is supplied by the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.
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
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
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).
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
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.
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. Client interference, and requests, that change our operations during a matter, may incur extra fees, for extra costs associated with meeting these requests (variations in agreement).
Terms and Conditions 2016, 2017, 2018, 2019... valid until changed or updated.