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Terms and Conditions - Locate Search Services

1. This agreement is between you (“Client”) and Cryptico Consulting Pty Ltd (ACN 161 852 704) (“Company”).

2. The Client is taken to have exclusively accepted and is immediately bound by this agreement upon payment of the Initial Fee (as defined below).

3. For the purposes of this agreement:

a. Search Information means provision of a likely address, phone number or
email of the Subject Person.

b. Services means the querying, extraction and /or analysis of publicly accessible information , whether or not paid for in an attempt to obtain the Search Information and excludes physical or visual verification of the Search Information.

c. Subject Person means the single natural person the Client has engaged the
Company to provide the Services in respect of.

d. Successful Outcome means the obtaining of the Search Information.

4. Time shall be reckoned exclusive of the given day from which an act or event is to occur, and exclusive of public holidays declared in the State of New South Wales.

FEE

5. The Client agrees to pay an “Initial Fee” as stated in the quotation (inclusive of GST). The Initial Fee is non-refundable except as required by law and not dependant on the Company achieving a Successful Outcome.

6. The Client agrees to “Success Fee” as stated in the quotation (inclusive of GST) within 7 days of being notified in writing by the Company that a Successful Outcome has been obtained and prior to the release of the Search Information to the Client (“Completion Fee”)

SERVICE

7. The Company will commence providing theServices (“Commencement Date”) upon receipt by the Company of:

a. the Initial Fee  as cleared funds, and;

b. sufficient information about the Subject Person to enable the Services to be provided, as determined by Company.

8. The Company will render the Services within 28 days of the Commencement Date. The Company will, in its sole discretion, have a further period of 14 days to attempt to achieve a Successful Outcome.

9. The Company will release the Search Information within 3 days of receipt by the Company of the Completion Fee as cleared funds.

10. The Company may, in its sole discretion, terminate this agreement at any time and without any reason.

11. The Client may terminate this agreement at any time prior to being notified by the Company of a Successful Outcome and without reason but forfeits the Initial Fee as liquidated damage

ACKNOWLEDGEMENTS AND WARRANTIES

12. The Client acknowledges that the Company may not achieve a Successful Outcome and nothing in this agreement is to be construed as a promise, guarantee or obligation of the Company to provide a Successful Outcome.

13. The Client represents and warrants that they have engaged the Company lawfully and they are not prohibited by law , or acting for a person prohibited by law, from obtaining the Service.

CONFIDENTIAL INFORMATION

14. For the purposes of this agreement, “Confidential Information” means:

a. the name, identity, or particulars of the Subject Person;

b. correspondence between the Client and the Company made in the course of obtaining or providing the Services;

c. policies, processes or standard operating procedures of the Company, its servants, or agents, and;

d. excludes information which:

1. is already in the public domain;
2. the disclosing party has given written consent to disclose
3. is necessary to be disclosed for the purposes of fulfilling the terms of this agreement, or;
4. is required by law to be disclosed.

15. The Parties shall not disclose the Confidential Information for any purpose except where expressly or impliedly authorised by this agreement. This clause survives the termination or completion of this agreement.
16. The Client expressly authorises the Company to disclose Confidential Information to its servants or agents for the purpose of fulfilling the terms of this agreement.
17. The Client expressly authorises the Company to disclose Confidential Information to any government body if, in the opinion of the Company, its servants or agents, there is reasonable suspicion that the Company has been engaged for unlawful purposes or in contravention of any Australian state, territory or federal law.
18. The Parties may disclose any necessary Confidential Information to a relevantly qualified professional for the purpose of obtaining legal, financial, or taxation advice.

MISCELLANEOUS

19. The Company’s Services come with guarantees that cannot be modified, restricted, or excluded under the Australian Consumer Law. If any provision of this agreement is void or unenforceable by law then it will be severed, and the remainder of the agreement remains in force.

20. This agreement shall only be modified or varied by agreement in writing.

21. The laws of New South Wales govern this agreement.

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