Legal Document
Terms of Engagement
These Terms of Engagement ("Terms") govern all investigation and intelligence services provided by Vanguard Intelligence Australia, operated by ENKI IKNE PTY LTD (ACN 671 467 548, ABN 85 671 467 548) ("Vanguard", "we", "us"). By submitting an enquiry or engaging our services, you ("Client") agree to be bound by these Terms.
1. Services
Vanguard Intelligence Australia provides private investigation, surveillance, intelligence gathering and related services. All services are conducted in accordance with applicable Queensland legislation and Australian law, including applicable licensing requirements. The specific scope of any engagement will be confirmed in writing prior to commencement.
2. Acceptance of Enquiries
Submission of an enquiry form does not constitute acceptance of your matter. Vanguard reserves the absolute right to:
- Decline any enquiry or engagement without providing reasons
- Refuse, suspend or terminate any matter at its sole discretion
- Decline matters where unlawful activity is suspected or where false or misleading information has been provided
- Decline matters where ethical, safety, licensing or legal concerns arise
Acceptance of a matter will be confirmed in writing by Vanguard.
3. Client Obligations
By engaging Vanguard's services, you confirm and warrant that:
- All information you provide is true, accurate and complete to the best of your knowledge
- Your request is for a lawful and legitimate purpose only
- You will not use any information, evidence or reports obtained through Vanguard for any unlawful purpose
- You understand that Vanguard only conducts lawful investigations in accordance with Australian law and applicable licensing requirements
- You have the legal authority to engage in this matter and to provide any information about third parties
4. Fees, Retainers and Payments
Fees will be confirmed in writing prior to commencement of any engagement. Unless otherwise agreed in writing:
- A retainer may be required before work commences
- Retainers are applied to the final invoice for services rendered
- Additional disbursements (travel, equipment, third-party costs) may be charged separately and will be disclosed in advance where practicable
- Invoices are payable within the timeframe specified on the invoice
- All fees are quoted in Australian Dollars (AUD) inclusive of GST where applicable
5. Administration and File-Opening Costs
Vanguard may apply reasonable administration, compliance, file-opening, consultation and investigator assessment costs to all matters. Where a retainer has been paid and a matter is subsequently cancelled or terminated by the Client, these costs may be deducted from any refund to the extent permitted by applicable law.
6. Refunds
Refund entitlements are assessed individually having regard to:
- The stage at which the matter was cancelled or terminated
- Work already completed and costs already incurred
- Applicable administration, compliance and file-opening costs
- Whether termination was initiated by the Client or by Vanguard
No refund will be issued for completed work. Applicable refunds will be processed within a reasonable timeframe. Nothing in these Terms limits any rights you may have under the Australian Consumer Law.
7. Confidentiality
Vanguard maintains strict confidentiality in relation to all client matters. We will not disclose client information to third parties except as required by law, court order, regulatory authority or with your express consent. Refer to our Privacy Policy for full details.
8. Lawful Operations
All investigations are conducted in strict compliance with applicable Queensland and Commonwealth legislation, including but not limited to:
- The Private Security Act 2004 (Qld) and applicable regulations
- The Privacy Act 1988 (Cth) and Australian Privacy Principles
- The Surveillance Devices Act 2004 (Cth)
- All other applicable Commonwealth and Queensland legislation
Vanguard will not conduct any investigation or activity that is unlawful, unethical or in breach of its licensing obligations, and may terminate an engagement immediately where this is not possible.
9. Reports and Evidence
Investigation reports and evidence collected remain the property of Vanguard Intelligence Australia until all outstanding fees are paid in full. Upon full payment, the Client receives a licence to use the reports and evidence for lawful purposes only. Reports must not be published or disclosed to third parties without Vanguard's written consent, except as required for the Client's lawful purposes such as legal proceedings.
10. Limitation of Liability
To the maximum extent permitted by law, Vanguard's total liability arising from any engagement is limited to the fees paid by the Client for that specific engagement. Vanguard is not liable for any indirect, consequential, special or incidental loss arising from the provision of services or reliance on investigation reports. Nothing in these Terms limits any rights under the Australian Consumer Law.
11. No Legal Advice
Vanguard Intelligence Australia is not a law firm and does not provide legal advice. Nothing in any investigation report, communication or engagement constitutes legal advice. Clients should obtain independent legal advice regarding the use of any investigation outcomes.
12. Disputes
In the event of a dispute, the parties agree to first attempt resolution through good-faith negotiation. If unresolved within 30 days, either party may refer the matter to mediation before a mutually agreed mediator. These Terms are governed by the laws of Queensland, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Queensland.
13. Changes to These Terms
Vanguard may update these Terms from time to time. The current version will always be available at vanguardintel.com.au/terms. Continued engagement with our services following any update constitutes acceptance of the revised Terms.