Terms of engagement

1. Who these terms apply to

These terms apply between Veritrace (ABN 47 391 284 457, investigator licence No. 530999150) and the person or organisation that engages us (the “client”, “you”). By instructing us to proceed with an engagement, you agree to these terms and to the written scope for that engagement.

2. Scope, quotes and acceptance

• Each engagement is defined in a written scope that sets out the objective, what is included, the deliverable, the fixed price and an indicative timeframe.
• A quote is valid for the period stated in it and is based on the information you provide at scoping. If the requirement materially changes, we will re-scope and re-quote before continuing.
• Work commences once you accept the scope in writing and, where applicable, any deposit is received.

3. Lawful basis and your responsibilities

You confirm and are responsible for ensuring that:

• you have a legitimate purpose and a lawful basis to request the engagement and to receive its findings;
• the information you provide to us is accurate and provided lawfully; and
• you will use the deliverable only for the purpose for which it was commissioned and in accordance with the law.

We record the stated lawful basis and legitimate purpose for each engagement. We may decline or discontinue work where a lawful basis is absent or where proceeding would require us to act unlawfully.

4. How we work and its limits

We use lawfully accessible open sources and passive collection methods. We do not pretext, impersonate, circumvent access controls, use credentials that are not ours, purchase unlawfully obtained data, or conduct physical or electronic surveillance under this brand.

Open-source work has inherent limits. Some questions cannot be answered from open sources, some subjects have little discoverable footprint, and source availability changes over time. Findings are provided as at the date of the report and are marked confirmed or unverified. We do not warrant that findings are exhaustive, and the deliverable is not a guarantee of any particular outcome. Whether material is admissible in a proceeding is a matter for the relevant court or tribunal and your legal advisers.

5. Deliverables and use

The deliverable is prepared for you and for the purpose stated in the scope. It should not be provided to third parties, or relied on for a different purpose, without our written consent, except where disclosure is required by law or to your professional advisers acting on the same matter.

6. Fees and payment

• Fees are fixed per engagement or per matter type as set out in the quote, unless otherwise agreed in writing.
• Invoices are payable within the period stated on the invoice.
• Additional work outside the agreed scope is quoted and agreed separately before it is undertaken.

7. Confidentiality

We treat engagements as confidential. We do not disclose that you are a client, or the substance of an engagement, without your written consent, except where required by law. We will not use an engagement as a case study or marketing material unless it is fully de-identified or you have expressly approved it.

8. Personal information and data handling

We handle personal information in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles and our Privacy Policy. Client engagement data is stored in Australia. Retention periods are defined at scoping and enforced, after which material is securely destroyed or de-identified.

9. Intellectual property

On payment in full, you receive a licence to use the deliverable for the purpose for which it was commissioned. The methods, tools, templates and know-how we use to produce it remain our property. Underlying source material remains the property of its original owner or publisher.

10. Liability

Nothing in these terms excludes rights or guarantees that cannot lawfully be excluded, including under the Australian Consumer Law. To the extent permitted by law, our liability arising from an engagement is limited to re-performing the services or refunding the fees paid for the affected engagement, and we are not liable for indirect or consequential loss. You remain responsible for the decisions you make on the basis of a deliverable.

11. Termination

Either party may end an engagement in writing. Where you end an engagement partway through, fees are payable for work performed and reasonable costs committed up to that point. We may end an engagement where continuing would be unlawful, outside our licensed scope, or in breach of these terms.

12. Governing law

These terms are governed by the laws of Australia and the state or territory in which the engagement is principally performed, and the parties submit to the courts of that jurisdiction.

13. Contact

Questions about these terms can be sent to enquiries@veritrace.com.au.