IMPORTANT: YOUR USE OF OUR SERVICES CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE. PLEASE BE AWARE OUR TERMS OF SERVICE ARE SUBJECT TO CHANGE WITHOUT NOTICE AT OUR SOLE DISCRETION. WE WILL HOWEVER NOTIFY YOU ABOUT THE NEW AMENDMENTS OF OUR TERMS OF SERVICE BY WAY OF ELECTRONIC COMMUNICATION (EMAIL).
TERMS OF SERVICE
- i) “WE” or “US” or “OUR”means an authorised representative of OJT Investigations Group Pty LTD ABN 98 493 852 594
- ii) “YOU” or “Client” means any person whom purchases services from OJT Investigations Group
- iii) “Service” or “Services” means any service that the Client would like performed.
- iv) “Terms and Conditions” means the terms and conditions of supply contained within this document and an further conditions agreed in writing by US.
- v) “Retaining Fee” means an agreed amount of money to be payed per month for a Service.
- a) These Terms and Conditions shall apply to all contracts for the supply of Services by Us to the Customer and shall prevail over any other documentation or communication from the Customer.
- b) Inappropriate behavior. We do not tolerate inappropriate behavior towards Us that harasses, intimidates, threatens or uses fear (either verbally, written or physical) by the Customer, this includes explicit language, racism and defamatory remarks. We will take whatever action is necessary (including legal action) against any person who is involved in threatening or abusive behavior. We reserve the right to terminate any Services immediately without refund. You the Customer agree to this and agree that you have no such claim to receive any refund.
- c) WE reserve the right to CANCEL this agreement at any time if WE have reasonable grounds to believe that;
- i) Any person/s may come into harm based on any Service that is supplied,
- ii) Any Service that may pose a possible risk of danger to any authorized OJT Investigations Group representative.
- d) If any provision of this Service Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provision shall not be in any way affected or impaired.
- e) This Service Agreement is governed by the laws of Queensland and the Commonwealth.
- a) WE will provide the Client a detailed quote of the Services and an estimation of fee’s.
- b) All quotes are estimates ONLY. We use reasonable endeavors to quote as accurately as possible however at times quotes are subject to change based on Us or the Customer identifying additional factors.
- c) Any fee variation will be agreed upon by US and the Client in writing.
- d) If WE are required to undertake further Services for YOU upon request that was not identified within the quote then additional fees will apply.
- e) A Quote is only valid for seven days.
- a) Payments for the services are to be made via Credit Card or Bank Transfer prior to commencement of any Service.
- b) Unless agreed upon in writing full payment is required before the commencement of the Service/s.
- c) If You are paying via bank transfer send the remittance details to our office and allow 3 days for Bank clearing.
- d) If an agreement is made for a retaining fee, then payments for this fee will be due on the same calendar day (agreement start date) each month.
- e) One month written notice is required for any termination of retaining fee’s.
- f) All fees shall be payable to US without any deductions of any kind.
- g) Any overdue fee’s shall incur an interest charge of 15% per annum applied monthly.
- h) NON-PAYMENT of fee’s may result in the Client being reported to a credit agency or US taking legal action for the recovery of the outstanding debt.
- a. In such an event YOU the Client agree to pay all legal fees and any associated fees for the recovery of any outstanding debt.
5. Early termination / Cancelation of Services
- a) If the Service/s are cancelled within 24 hours of the commencement of the service a $500 cancellation fee applies in addition to any reasonable out-of-pocket expenses.
- b) Termination of a retaining fee incurs a 1-month fee of the agreed retaining fee amount.
- c) If the Service/s are cancelled up to 24 hours prior to the Service commencement a Service fee is applied to the amount equaling reasonable out-of-pocket expenses (if any).
- d) If termination is exercised due to paragraph 2(c) , YOU agree to pay all reasonable and proper expenses incurred in connection with the provision of the Service/s.
6. Limitations on Service Liability
- a) No warranty whatsoever is given by US to the Client regarding the accuracy of any matter contained in any report or in any statement of fact or opinion contained therein.
- b) WE shall have no liability to the Client should any such statement of fact or opinion prove to be incorrect.
- c) WE shall not be liable to the Client for any loss, damages, costs or expenses which the Client suffers or incurs out of the conduct of US or any of our subcontractors in connection with the performance of the Services or for carrying out any Quotes or recommendation made by US, unless arising from the gross negligence or willful default by US.
- d) WE shall not be liable to the Client for any loss (whether direct or indirect) of profits, business or anticipated savings or any indirect or consequential loss whatsoever even if WE have been advised of the possibility of such loss.
- e) OUR liability to the Client arising by reason of or in connection with the provision of our Services shall be limited to the aggregate amount of fees paid by the Client to US or the provision off part thereof in the areas of proven negligence.
7. Client Warranty
- a) The Client warrants and undertakes that it has fully and accurately disclosed all material facts and other information as WE may require in order to properly perform the Services.
- a) To the extent permitted by law, YOU indemnify US against all expenses, losses, damages, penalties and costs that YOU may sustain or incur as a direct or indirect result of:
- (i) any breach of this agreement by YOU;
- (ii) any act or omission (including negligent acts or omissions) from YOU.
The parties acknowledge that WE provide the Services to the Client as an independent contractor, and that nothing in this agreement constitutes a relationship of employer and employee, principal and agent or partnership between US and the Client.
10. Force Majeure
Neither party shall be liable for any delay in performing any of its obligations under the Contract if such delay is caused by circumstances beyond reasonable control of the party so delaying and such party shall be entitled (subject to giving the other party full particulars of the circumstances in question and to using all reasonable endeavors to resume full performance without avoidable delay) to a reasonable extension of time for the performance of such obligations.