TERMS AND CONDITIONS
General Terms of Service
1) Supply Agreement
The General Terms apply to all services provided by Crypto Funds Recovery Pty Ltd (“Crypto Funds Recovery”). Specific Terms will apply to the particular goods or services requested by you. Crypto Funds Recovery may modify these terms at any time with written notice to you.
2) Requests, Proposals, and Pricing of Fees
– You may request goods or services from Crypto Funds Recovery, but the company is not obligated to fulfill such requests. If accepted, the services will adhere to this Agreement and Crypto Funds Recovery’s standard pricing. Fees may vary based on proposals or additional work requested.
– If Crypto Funds Recovery provides a Proposal with different pricing, the Fees will be as specified in the Proposal, subject to variations as per this Agreement.
– Additional work not covered by the Proposal will be subject to these terms, and fees will be adjusted accordingly.
3) Payment of Fees
– Fees are payable on or before delivery of goods or services, or within 14 days of invoice issuance, unless otherwise agreed in writing.
– If payment terms or credit are granted, they will be as specified in writing. Fees and payment terms may be updated, with notice given to you.
– Interest on overdue amounts will accrue at 1.5% per month, calculated daily. You will also bear the cost of enforcing payment.
4) GST
– GST will be added to the fees as applicable. Both parties will comply with GST requirements and documentation.
5) Term and Termination
– The Agreement remains in effect until terminated with one month’s written notice by either party. Crypto Funds Recovery may terminate earlier with thirty days’ written notice.
– Termination may occur for material breaches or insolvency. If you terminate early, you must pay for the remaining term.
– Crypto Funds Recovery may suspend services if payments are overdue.
6) Termination Prior to Supply
– Crypto Funds Recovery may terminate the Agreement or Proposal immediately if it poses a risk to its personnel or if insolvency is suspected.
7) Liability
– Crypto Funds Recovery’s liability is limited by the Competition and Consumer Act 2010 or similar legislation. Liability is limited to re-supply or payment of the cost of re-supply. Crypto Funds Recovery is not liable for indirect or consequential losses or damages, except for negligence or breach of terms. Liability is capped at the annual contract value.
8) Intellectual Property
– Crypto Funds Recovery retains rights to all materials provided under this Agreement. You retain rights to materials provided but grant Crypto Funds Recovery a license to use them. You are responsible for any infringement claims arising from your materials.
9) Dispute Resolution
– Disputes must be resolved within 10 business days. Unresolved disputes will be escalated to executive officers, and if still unresolved, may be referred to mediation or legal proceedings.
10) Force Majeure
– Crypto Funds Recovery is not liable for failure to perform due to events beyond its control, such as natural disasters or legal restrictions.
11) Disclosure and Use of Personal Information
– By entering this Agreement, you consent to Crypto Funds Recovery using your personal information for service provision and marketing in accordance with the Privacy Act of 1974.
12) Credit Enquiries and Credit Terms
– You consent to Crypto Funds Recovery conducting credit checks and disclosing information to credit reporting agencies. Credit approval is at Crypto Funds Recovery’s discretion.
13) PPSR
– If goods are supplied on credit terms, Crypto Funds Recovery retains title to those goods until full payment is received. You grant Crypto Funds Recovery a purchase money security interest and indemnify against registration and enforcement costs.
14) Miscellaneous
– **No Strike Breaking:** Employees may not be requested to perform illegal duties.
– **Non-Solicitation:** You cannot solicit or employ Crypto Funds Recovery’s employees for twelve months after service completion. Violation incurs liquidated damages.
– **Confidentiality:** Both parties must keep information confidential unless required by law.
– **Entire Agreement:** This Agreement supersedes all previous agreements and terms.
– **No Waiver:** Rights under this Agreement cannot be waived except in writing.
– **Severability:** Invalid provisions do not affect the remainder of the Agreement.
– **No Set-Off:** Monies owing cannot be set off or contracted.
– **Notice:** Notices must be signed and can be served personally, by mail, or facsimile.
– **No Assignment:** You cannot assign interests without Crypto Funds Recovery’s consent; Crypto Funds Recovery may assign or subcontract its rights and obligations.
– **Acceptance:** Requesting services is deemed acceptance of these terms.
– **Law and Jurisdiction:** This Agreement is governed by the law of New South Wales, and disputes are subject to its courts.
15) Interpretation
– Section headings are for convenience only and do not define or limit the Agreement.
16) Definitions
– Fees: Charges for goods and services.
– Product: Goods or products supplied by Crypto Funds Recovery.
– Proposal: Written proposal approved by Crypto Funds Recovery.
– Services: Services provided by Crypto Funds Recovery, including additional services as needed.
– Subject: Individual referred for investigation or location.
– Cyber-Investigation: Investigation based on open-source and database records.
– Skip Trace: Locating a person based on provided and additional information.
– Located Skip Trace (Locate): Confirmation of a person’s address with a detailed report.