TERMS AND CONDITIONS

General Terms of Service

1) Supply Agreement

  • The General Terms of this Agreement shall apply to all services provided by CAPX Recovery Pty Ltd (“CAPX RECOVERY”) to The Specific Terms shall apply to the specific goods or services requested by You,
  • CAPX RECOVERY may vary these terms and conditions at any time by giving notice in writing to you.

2) Requests, Proposals and Pricing of Fees

  • You may request CAPX RECOVERY to provide any Goods or Services to You. CAPX RECOVERY is not obliged to provide any Goods or Services to You, but may in its discretion supply such Goods or Services subject to this Agreement and CAPX RECOVERY’s standard pricing, in which case the Fees will be in accordance with the standard pricing as varied from time to
  • Prior to supply CAPX RECOVERY may in its discretion provide a Proposal to You setting out pricing which is different to the standard If You accept a Proposal, the Fees will be as set out in a Proposal, subject to variation in accordance with this Agreement.
  • CAPX RECOVERY may vary the specific Service offerings in a Proposal from time to time in its absolute discretion, and in such instances, the Fees will be varied accordingly.
  • Where You request CAPX RECOVERY to carry out any additional work not covered by the terms of a Proposal then the additional work shall be subject to these terms unless expressly otherwise provided and the Fees shall be increased by the amount quoted for such extra work, or if no fee is quoted, an amount calculated at CAPX RECOVERY’s standard

3) Payment of Fees

  • You shall pay CAPX RECOVERY the Fees on or prior to the delivery of the Goods, Products or Services requested by or within 14 days from the date of the issue of an invoice for Services, unless otherwise agreed in writing.
  • If CAPX RECOVERY grants You payment terms or credit in writing signed by an authorised officer of CAPX RECOVERY, or otherwise sets out different payment terms in a Proposal, then such terms will vary clause in above point.
  • The Fees charged for Goods, Product and/or Services may be varied by CAPX RECOVERY from time to time by notice to This will apply even if you accept a Proposal, but only to Goods, Product or Services supplied after the notice of variation.
  • CAPX RECOVERY may charge and you agree to pay interest on the outstanding amount at the rate of 1.5% per month. Interest accrues daily from (and including) the due date to (but excluding) the date of actual payment and is calculated on actual days elapsed within a year consisting of 365 days. You will be required to pay all Fees due to CAPX RECOVERY upon receipt of any request for payment under this clause and You will be charged the reasonable cost of all expenses, including legal costs incurred in the enforcement of the notice of default.

4) GST

  • Where a supply under these terms and conditions is or becomes subject to a GST, an amount equal to the GST paid or payable in respect of that supply shall be added to the amount exclusive of GST paid or payable for that supply under these terms and conditions.
  • The provisions contained in clause 1 apply notwithstanding any other clause of these terms and conditions whatsoever.
  • Each party agrees to do all things, including providing invoices and other documentation, that may be necessary or desirable to enable or assist the other party to claim any credit, set-off, rebate or refund in relation to any amount of GST paid or payable in respect of any supply under these terms and conditions.
  • In this clause GST has the meaning it has in A New Tax System (Goods and Services Tax) Act 1999(Cwlth).

5) Term and Termination

  • A Proposal may specify a minimum term for the supply of Services. Upon expiration of a minimum term or if no minimum term is specified, this Agreement will remain in force until a party gives one (1) months written notice to the other party of termination. CAPX RECOVERY may terminate prior to the expiry of a minimum term at any time by providing thirty (30) days written notice to you.
  • Either party may terminate a supply if:
    1. the other party commits any material or persistent breach of its obligations under this Agreement which in the case of a breach capable of remedy, shall not have been remedied within 14 days of receipt by the party in breach of a notice identifying the breach and requiring its remedy or such other reasonable period depending on the circumstances); or
    2. the other becomes insolvent or where an individual becomes bankrupt or enters into a scheme or arrangement with creditors.
  • Termination under this clause must be effected by written notice served on the other party. Termination under this clause shall be without prejudice to any rights that may have accrued for either of the parties before termination and all sums due under this Agreement shall become payable in full when termination takes effect.
  • If You wish to terminate or cancel a supply of Services prior to the expiry of the minimum term, You will be required to pay the remaining payments up to the end of the minimum term.
  • CAPX RECOVERY may suspend provision of Services immediately and for such period as CAPX RECOVERY considers appropriate if any monies owing to CAPX RECOVERY are due and unpaid.

6) Termination prior to supply

  • CAPX RECOVERY may terminate this Agreement, or a Proposal, in full or in relation to specific Goods or Services, immediately if, in its absolute discretion, the provision of the Services poses a risk to any of CAPX RECOVERY’s personnel.
  • CAPX RECOVERY may also immediately terminate this Agreement or a Proposal, if it has reasonable grounds to believe You are insolvent or insolvency is imminent.

7) Liability

  • This Agreement shall be subject to any rights conferred upon CAPX RECOVERY and You by the Competition and Consumer Act 2010 or similar legislation which cannot by agreement or otherwise be excluded, restricted, or modified. Where any warranty or condition cannot be excluded then liability shall be limited to, at the election of CAPX RECOVERY, re supply or the payment of the cost of resupply of any goods, product or services in breach of such warranty or condition.
  • CAPX RECOVERY will not be liable to You for:
  • Loss or damage for any reason as a consequence of strikes, labour disputes, fires, floods, other extreme weather conditions, accidents, mechanical breakdowns, road closures invasions, riots, mobs, wars, national emergencies, significant or sustained disruption to power services, embargoes or restraints or any other circumstances beyond the reasonable control of CAPX RECOVERY.
  • any indirect, consequential, special, or economic loss, cost or liability; or
  • any loss or damage suffered by You except if such loss or damage is caused by the sole negligence of CAPX RECOVERY or its employees.
  • In any event, liability of CAPX RECOVERY whether in contract, tort (including negligence) or otherwise will be limited to a maximum amount equal to the one times the annual contract value, in respect of the aggregate of all claims arising out of or in relation to any one event or series of events.
  • You shall notify CAPX RECOVERY in writing of any claim within 3 months of the day upon which You became aware of or ought to have become aware of the existence of such claim. If no such notice is given You will be deemed to have waived and abandoned completely any such claim which after the expiration of such period shall not be allowable or Time shall be of the essence of this clause.
  • You shall keep CAPX RECOVERY indemnified at all times against any loss arising from claims made against CAPX RECOVERY by any party with respect to any theft, loss, damage, destruction, death or injury arising out of or in any way in relation to the provision or failure to provide the Services except in the case of negligence on the part of CAPX RECOVERY, its employees or agents or a breach by CAPX RECOVERY of the terms of this Agreement.

8) Intellectual Property

  • CAPX RECOVERY retain all rights, title and interest subsisting in any documentation (electronic or hard copy) or other product and other information and materials (“CAPX RECOVERY product”) supplied to You for the purposes of carrying out the Services under this
  • Where You supply any documentation (electronic or hard copy), diagrams or plans and other information and materials (“Customer Materials”) under this Agreement, You retain all right, title and interest in such Customer Materials but grant CAPX RECOVERY a perpetual, irrevocable, royalty free non-exclusive licence to use, reproduce and modify Customer Materials to enable CAPX RECOVERY to fulfil its obligations under this Agreement. You agree to accept full responsibility for all Customer Materials provided to CAPX RECOVERY under this Agreement and agree to indemnify CAPX RECOVERY for any action, claim, liability, cost or expense arising out of any threatened or actual infringement of intellectual property rights arising out of the use by CAPX RECOVERY of Your Materials.

9) Dispute Resolution

  • The parties agree that they must initially use all reasonable endeavours to resolve any dispute arising under this Agreement within 10 business days of a party being advised by written notice of such a dispute.
  • If the parties are unable to resolve the dispute within that time frame, they must refer the dispute to an executive officer from each party to resolve. The parties will again use all reasonable endeavours to resolve the dispute within a further 10 business days or such other reasonable period agreed between the parties.
  • If the dispute is not resolved in accordance with sub clause 2, the parties may either agree to refer the matter to Mediation or some other form of alternative dispute resolution or commence legal proceedings.

10) Force Majeure

  • CAPX RECOVERY will not be in breach of this Agreement or be liable to the other party if CAPX RECOVERY fail to perform or delay in the performance of an obligation as a result of an event beyond CAPX RECOVERY’s reasonable control, including but not limited to strikes, industrial disputes, fire, flood, act of God, war or a terrorism related event.
  • insurrection, vandalism, sabotage, invasion, riot, national emergency, piracy, hijack, acts of terrorism, embargoes or restraints, weather or traffic conditions (including peak hour traffic), temporary closure of roads, legislation, regulation, order or other act of any government or governmental agency.

11) Disclosure and use of Personal Information

  • By entering into this Agreement, You agree that unless indicated otherwise in a Proposal, that CAPX RECOVERY may forward to You from time to time promotional material and information regarding any of CAPX RECOVERY’s goods, product and services.
  • By entering into this Agreement, You consent to CAPX RECOVERY’s collection of Your personal information for the purpose of providing You with the services under this Agreement and information regarding CAPX RECOVERY’s products and systems in accordance with the Privacy Act of 1974. CAPX RECOVERY may disclose Your personal information to other organisations that assist CAPX RECOVERY in the provision of these services including related bodies corporate, subcontractors, marketing organisations and relevant banking or financial authorities.

12) Credit Enquiries and Credit terms

  • You agree that if CAPX RECOVERY requires financial information about You for any application for credit on terms which attract the operation of the Privacy Act of 1974, by seeking or enquiring about credit, You specifically agree and acknowledge that CAPX RECOVERY may:
  • disclose to a credit reporting agency certain personal information about You including information contained in this application, Your identification, the amount of credit applied for, payments overdue by more than 60 days, advise the payments are no longer overdue, a serious credit infringement which CAPX RECOVERY believe You have committed; and the discharge of the credit facility (if granted one);
  • in assessing the application for credit and any later request for credit, CAPX RECOVERY may obtain from a credit reporting agency a credit report containing personal credit information, information about commercial activities or commercial
  • provide to or obtain from any credit provider(s) named in a credit report information about Your personal or commercial credit arrangements including information relating to credit worthiness, credit standing, credit history, or credit
  • If CAPX RECOVERY approve Your application for credit, Your consent and acknowledgement in this Agreement will remain in force until the full amount owing to CAPX RECOVERY under the credit facility is
  • CAPX RECOVERY will approve Your application for credit in its absolute discretion and CAPX RECOVERY reserves the right to withdraw any Proposal cancel the Services and terminate this Agreement should such credit assessment be unsatisfactory to CAPX RECOVERY.

13) PPSR

  • Terms used in this clause are defined in the Personal Property Securities Act 2009 (Cth).
  • If you request the supply of products or goods on credit terms, or are supplied Goods prior to payment in full, then
    • CAPX RECOVERY will retain title to such Goods until you have paid for those Goods in full.
    • You grant to CAPX RECOVERY a purchase money security interest (“PMSI”) in those Goods; and
    • You indemnify CAPX RECOVERY for the cost of registration and  enforcement of the PMSI.

14) Miscellaneous

  • No Strike breaking etc. You may not request CAPX RECOVERY’s employees to carry out any illegal duties, including but not limited to strike breaking
  • Non-solicitation. You will not, from the date of this Agreement to twelve months after completion of the provision of services by CAPX RECOVERY, solicit, employ, or contract any employee or contractor of CAPX RECOVERY.
  • You agree that if You employ or engage any person directly, contrary to this clause You shall be liable to pay to CAPX RECOVERY liquidated damages in a once off amount equal to 30% of such person’s annual salary or annualised contracted amount (if a contractor) at the time of departing CAPX RECOVERY even if they have been employed or contracted by another organisation after departing CAPX RECOVERY and prior to being engaged or employed by you
  • You will give CAPX RECOVERY and its employees and contractors all assistance reasonably requested by CAPX RECOVERY to enable CAPX RECOVERY to supply the Goods, Product and/or Services to You.
  • Each party shall treat as confidential all information which comes into its possession, pursuant to or as a result of or in the performance of this Agreement, whether such information relates to the business, sales, marketing or technical operations of the other party or the clientele of the other party or otherwise. Neither party shall, without the written permission of the other, disclose such confidential information to a third party. This obligation does not apply if the information is already in the public domain without any breach of this Agreement or the disclosure is required by law.
  • Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior representations, contracts, statements, and understandings, whether verbal or in All other terms and conditions are excluded to the fullest extent permitted by law including any terms and conditions which You may seek to impose.
  • No Waiver. No right under this Agreement will be deemed to be waived except by notice in writing signed by each party and any failure by CAPX RECOVERY to enforce any clause of this Agreement, will not be construed as a waiver of CAPX RECOVERY’s rights under this Agreement.
  • Should any part of this Agreement for any reason be held to be invalid, unenforceable, or illegal, such judgmenton holding
  • will not affect, impair or invalidate the remainder of this Agreement but shall be confined in its operation to the part of this Agreement directly involved in the matter of proceeding and the remainder of this Agreement will remain in full force and effect.
  • No Set You may not set off or contract charge any monies owing under this Agreement.
  • Any notice to be given under this agreement must be signed by the party giving the notice or a duly authorised officer. It may be served by delivering the notice personally or by mail or facsimile to the usual or last known address or facsimile number.
  • No Assignment. You shall not assign any of Your interest in this Agreement without the prior written consent of CAPX RECOVERY. CAPX RECOVERY may at any time assign, sub- contract or license any part of its rights and obligations under this Agreement.
  • Acceptance of You do not need to sign these terms to accept them and requesting CAPX RECOVERY to supply Goods or Services will be deemed acceptance of these terms.
  • Law and Jurisdiction. This Agreement is subject to the law of New South Wales. The parties submit to the jurisdiction of the courts of New South Wales.

15) Interpretation

  • The section headings in this Agreement are used for convenience only, are not substantive, and shall not be interpreted to define, describe, or otherwise limit the interpretation of the provision under the section headings or of the Agreement as a whole.

16) In this Agreement:

  • Fees means the charge for Goods and Services provided by CAPX RECOVERY to You
  • Product means any goods or product supplied by CAPX RECOVERY to
  • Proposal means a written proposal approved by CAPX RECOVERY.
  • Services means provided by CAPX RECOVERY to You comprising any, or all CAPX RECOVERY’s Services and Additional Services as required from time to time during the term of this
  • Subject means the individual who has been referred by You to CAPX RECOVERY to either be investigated or located.
  • Cyber-investigation means an investigation based upon open source and database records regardless of the objective of the investigation, except where the primary objective is to locate an A Cyber-investigation is based on both information supplied by You to CAPX RECOVERY as well as any additional information that CAPX RECOVERY identifies relating to that person.
  • Skip trace means locating a person based on both information supplied by You to CAPX RECOVERY as well as any additional information that CAPX RECOVERY identifies relating to that person.
  • ‘You’ means the person (including an entity) which requests goods and/or services from CAPX RECOVERY.
  • Located skip trace (Locate) means a double confirmation of the Subject’s address, primarily a residential address, though in some situations if a work address can be confirmed, CAPX RECOVERY will liaise with the Client to confirm they will accept the work address as a locate. A detailed located report will be issued for Locates.
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