Contract on behalf of Mallone's Investigators
CONTRACT AGREEMENT FOR SERVICES.
THIS AGREEMENT made this _______ day of ______________ in the year two thousand and _____ at ______________________.
Between Mallone's Investigators , a firm duly registered in Canberra, ACT with offices throughout Australia, Asia and the USA (hereinafter the "Investigator") and __________________________________________ ___________________________________________________________(the "Client"). WHEREAS the parties agree as follows:
1. In consideration of above named Client paying the sum of_____________________dollars ("the retainer") the receipt whereof is hereby acknowledged Investigator agrees to undertake on behalf of the Client the following investigatory services:
To attempt to,__________________________________________________________________________________________________
2. Client will provide to Investigator all information, documents, and cooperation as may be required to carry out the Assignment.
3. In performing the services herein agreed to, the Investigator will at all times use its skill, expertise and judgement but will at no time undertake any conduct or action which could be statutorily, civilly or criminally unlawful.
4. Investigator will undertake to carry out the Assignment diligently and to report to the Client verbally the progress of the Assignment and the charges debited in respect thereof. Written reports are not included in the foregoing fees and will be charged at $80 per page.
5. All instructions and information obtained by Investigator shall be treated as confidential and will not be disclosed by Investigator to any third parties other than Client without the express written consent of the Client or pursuant to a Court order or as otherwise required by law. Investigator's methods and strategies are Investigator's confidential trade secrets and proprietary information; Investigator reserves the right in all instances to keep such information confidential (even from Client) and in the event Investigator does share such information with Client, Client agrees not to disclose the source to anyone else.
6. The Client will contact Investigator and give no less than eight hours notice of postponement or cancellation of any one instance of surveillance or other booked work, otherwise a charge of four hours work will apply at the rate set out in clause 10.
7. The Investigator may terminate this agreement by written notice to the Client of its intention to so do if it subsequently appears to the Investigator that it will be required to engage in conduct which could be statutorily, civilly or criminally unlawful and in which event all moneys held in credit will be forfeited by the Client to the Investigator and not refunded.
8. Unless this agreement provides for a single Fixed Fee, Client agrees to pay the reasonable value of the services rendered by Investigator, based primarily upon the prevailing hourly rate of each investigator, contractor or adviser, or other adviser involved in the matter for all time expended, including, without limitation, investigations, consultations, telephone calls, conferences, research, drafting, negotiations, and court appearances. Our hourly rate is $______ for all personnel other than office staff. Client also agrees to pay all costs reasonably necessary for the representation of this matter including, but not limited to, long-distance telephone calls, reproduction of documents, word processing, messenger and travel expenses.
9. The parties have agreed to a specific fixed fee of $_____________ for the entire assignment. The hourly rate of Clause 8 does not apply.
10. Investigator charges a minimum of one hour for any in-office conferences or telephone services, and four hours for each duty performed out of the office. Additional office time will be billed in quarter-hour increments. Client will contact Investigator and give no less than eight hours notice of postponement or cancellation of any surveillance or other booked work, otherwise a minimum charge of four hours work will apply.
11. Any payment referred to in this Agreement is requested in cash, internet or bank transfer or certified cheque. Any costs required to expedite the receipt of funds paid to the Investigator by any other means are charged to the Client's account as per Clauses 8 & 9.
12. Any request for Investigator to attend Client outside the office whether to report or receive funds will be charged at the same hourly rate and mileage rates as the rest of the Assignment. Office conferences are at a minimum of two hundred and fifty dollars each.
13. Investigator is not bound by any offer or guarantee by any person unless this offer or guarantee is given in writing on an official agreement form or letterhead.
14. Client may terminate this Agreement at any time by giving at least eight hours written notice of its intention to terminate in which event Investigator will reimburse to Client any excess moneys paid in advance by the Client other than the retainer, and Client will pay any outstanding moneys to Investigator within seven days of the date of notification.
15. This agreement sets forth our entire agreement. It may not be modified except in writing. This agreement shall be governed by the laws of the State in which this agreement was concluded, as applied to agreements. The Courts of said State shall have jurisdiction over any dispute arising under this Agreement.
Signed & Dated by or for the Client
Signed & Dated by Mallone's
Mallone's Private Investigators'
Code of Practice Terms & Conditions.
The following procedures, set out below, form the basis upon which Mallone's Investigators carries out its professional service for clients. In accordance with good business practice and within a set of generally agreed principals and code of conduct, it sets out as clearly as possible, in general terms, what standards of service may be expected by our clients. Similarly, it also sets out what Mallone's Investigators may expect from its clients in return.
Where the name Mallone's is used throughout this document the name is deemed to also refer to the trading names of Mallone's Investigators.
1. Hours of Business
1.1 Mallone's Investigators offer a 24 hour service. All calls, at all hours, will be answered by an officer of the company. Normal office hours are from 09.00am to 07.00pm M-F at our Head Office or by appointment.
1.2 We are pleased to see clients by appointment at our offices, but we are also happy to see clients at their home or at their business premises, at an extra out of office fee, if this is more convenient.
1.3 Instructions for overseas assignments can be taken at our Head Office in the ACT.
2. Responsibility and Communication
2.1 Instructions can be given over the telephone, in a personal meeting at any of the venues mentioned above, or in writing via email or fax. Wherever possible, instructions will be confirmed by the client in writing, thus ensuring clarity of instruction and increasing efficiency.
2.2 Should there be any aspect of our work or service with which you are not entirely happy – which we trust will be unlikely – please raise the matter with any Director at the earliest possible opportunity. In writing to either our Head Office address or via email.
2.3 You will be informed of the name of the person that is handling your case and where appropriate, of any other lines of communication, and points of contact.
2.4 When you telephone our office wherever possible you will be put through to the appropriate person to take your instructions, or the person that is already dealing with your case. However, if they are unavailable when you telephone, please speak with a Personal Assistant who may be able to deal with your enquiry, take your instructions, or take a message.
2.5 Mallone's make every attempt to verify the credentials of clients, to establish that they have lawful reasons to instruct an investigation to be conducted.
2.6 Mallone's will carry out all Investigators within the confines of the law, and within the bounds of morality and professional ethics.
2.7 Our prime commitment is to our clients and to respect the best interest of clients by maintaining the highest standard of proficiency, and reporting to clients all the facts ascertained, whether they be advantageous or detrimental, and nothing be withheld from clients, save by dictates of law.
2.8 We will respect the privacy of clients and their lawful confidences, and ensure that services are adequately secure to protect privacy and to guard against inadvertent disclosure of private information.
2.9 All our Mallone's staff are committed to delivering a high quality of service, in what we hope is as helpful and friendly a manner as possible. We employ staff with the relevant knowledge, skills and competencies to meet the needs of our clients, with a commitment to perform all professional duties in accordance with the highest moral principles, in a manner which will not bring the industry into disrepute, and to ensure that all employees, or other persons paid to assist an investigation, adhere to this code of ethics.
3. Information
3.1 Mallone's will make every effort possible to ensure the accuracy of any information (in any form) supplied, to the best of the knowledge, information and belief of Mallone's Investigators. Information supplied will be rechecked if it is subsequently found to be incorrect.
3.2 Any information (in any form) supplied by Mallone's is done so on the understanding that it is for the sole use of the instructing client and any such information (in any form) shall not be disclosed, transmitted or copied in any way whatsoever, without the written permission of Mallone's Investigators.
3.3 Should any information (in any form) supplied by Mallone's be subsequently passed to any third party, by any means whatsoever without our permission (as referred to above) Mallone's shall not be responsible for any liability, loss, loss of profit, additional expense and any form of damages whatsoever for such unauthorized disclosure.
4. Special Order Equipment
4.1 Where equipment has been obtained and/or constructed to a customer’s specification and at their request,
Mallone's retains the right to charge the full quoted fee and disbursements should there be any change in the customer’s requirements irrespective of reason or circumstances.
4.2 All equipment is dispatched from our Head office in the ACT, is thoroughly checked in full working order before dispatch.
4.3 Any Special Order equipment is non-returnable and non-refundable.
5. Fees
5.1 For our scale of charges please refer to our price list, or to any agreement reached, specific to your particular contract with Mallone's Investigators.
5.2 Rates stated may not be appropriate in cases of exceptional urgency, complexity or responsibility. Where such circumstances exist, we must reserve the right to revise rates by mutual agreement.
5.3 In all cases, (and this includes fee estimates) GST and disbursements are charged in addition. Estimates are given on the basis that the case proceeds reasonably smoothly and without undue complication or delay: If it seems that these factors will cause the estimate to be exceeded we will give you as much notice as possible, and reserve our right to revise the estimate.
5.4 Fees are payable whether or not a case is successfully concluded or completed unless superseded by prior agreement, as may be the case in some instances, for certain categories of service.
6. Payment
6.1 Our outstanding charges, if any, are payable immediately upon completion of the assignment and our account being rendered, in the absence of any prior agreement (such as for legally aided matters) for the payment of a client account. In most circumstances our clients are asked to pay a retainer fee (deposit) before the commencement of any enquiry. In certain matters full payment may be required prior to commencement of the investigation.
6.2. Any disbursements that we incur on your behalf are payable by you in advance, and therefore we do ask you to settle such amounts promptly, or risk delays to your case.
6.3 Payments can be accepted by the following methods: - Cash, Cheque, MasterCard, Visa Card and Western Union. We however prefer at the 1st instance a Direct Wire Transfer or Electronic Funds Transfer from the clients’ bank to any of our banks, as will be instructed.
7. Cancellation
7.6 In the event of written cancellation by the client of any service prior to the service being commenced, the client shall be responsible for all costs incurred by the company for administration, due diligence and file creation usually 25%. Payment of these costs becomes due immediately.
7.7 In respect to surveillance enquiries, or any other ‘pre- booked’ investigation, written cancellation within 48 hours will be liable to 30% of the fee quoted whilst cancellation 24 hrs. or less will render the full fee liable.
7.8 These terms and conditions shall be governed by Law and any dispute arising out of or in connection with the same shall be determined by Australian Courts, and for these purposes ‘written cancellation’ refers to mail or email.
8. Long distance Selling rules
8.1 Due to the nature of the services provided Mallone's opt out of the long distance selling rule, as the majority of cases commence immediately telephone instruction / email instructions are received by us, for the best benefit of our clients.
9. Contract
9.1 Due to the nature and speed that an investigation is required to commence, we are happy to undertake enquiries from telephone instructions, but we would ask that clients give us as much detail as possible to confirm their identity, due to the due diligence we need to perform, to ensure we are acting within legal and moral guidelines and in accordance with the Code of Ethics of the Australian Association of Investigators in which we hold Corporate Membership. We are able to supply written contracts but in the absence of this, we rely on our telephone contract/verbal agreement. All dates and times of all telephone calls are recorded.
8.2 In line with our data protection policy, please be aware that all closed case files are destroyed within a six month period. If you require further clarification please contact your case manager.
Privacy Policy. This privacy policy sets out how Mallone's uses and protects any information that you give Mallone's when you use this website.
Mallone's Investigators is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
Mallone's Investigators may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from June 2020.
What we collect. We may collect the following information:
Code of Practice Terms & Conditions.
The following procedures, set out below, form the basis upon which Mallone's Investigators carries out its professional service for clients. In accordance with good business practice and within a set of generally agreed principals and code of conduct, it sets out as clearly as possible, in general terms, what standards of service may be expected by our clients. Similarly, it also sets out what Mallone's Investigators may expect from its clients in return.
Where the name Mallone's is used throughout this document the name is deemed to also refer to the trading names of Mallone's Investigators.
1. Hours of Business
1.1 Mallone's Investigators offer a 24 hour service. All calls, at all hours, will be answered by an officer of the company. Normal office hours are from 09.00am to 07.00pm M-F at our Head Office or by appointment.
1.2 We are pleased to see clients by appointment at our offices, but we are also happy to see clients at their home or at their business premises, at an extra out of office fee, if this is more convenient.
1.3 Instructions for overseas assignments can be taken at our Head Office in the ACT.
2. Responsibility and Communication
2.1 Instructions can be given over the telephone, in a personal meeting at any of the venues mentioned above, or in writing via email or fax. Wherever possible, instructions will be confirmed by the client in writing, thus ensuring clarity of instruction and increasing efficiency.
2.2 Should there be any aspect of our work or service with which you are not entirely happy – which we trust will be unlikely – please raise the matter with any Director at the earliest possible opportunity. In writing to either our Head Office address or via email.
2.3 You will be informed of the name of the person that is handling your case and where appropriate, of any other lines of communication, and points of contact.
2.4 When you telephone our office wherever possible you will be put through to the appropriate person to take your instructions, or the person that is already dealing with your case. However, if they are unavailable when you telephone, please speak with a Personal Assistant who may be able to deal with your enquiry, take your instructions, or take a message.
2.5 Mallone's make every attempt to verify the credentials of clients, to establish that they have lawful reasons to instruct an investigation to be conducted.
2.6 Mallone's will carry out all Investigators within the confines of the law, and within the bounds of morality and professional ethics.
2.7 Our prime commitment is to our clients and to respect the best interest of clients by maintaining the highest standard of proficiency, and reporting to clients all the facts ascertained, whether they be advantageous or detrimental, and nothing be withheld from clients, save by dictates of law.
2.8 We will respect the privacy of clients and their lawful confidences, and ensure that services are adequately secure to protect privacy and to guard against inadvertent disclosure of private information.
2.9 All our Mallone's staff are committed to delivering a high quality of service, in what we hope is as helpful and friendly a manner as possible. We employ staff with the relevant knowledge, skills and competencies to meet the needs of our clients, with a commitment to perform all professional duties in accordance with the highest moral principles, in a manner which will not bring the industry into disrepute, and to ensure that all employees, or other persons paid to assist an investigation, adhere to this code of ethics.
3. Information
3.1 Mallone's will make every effort possible to ensure the accuracy of any information (in any form) supplied, to the best of the knowledge, information and belief of Mallone's Investigators. Information supplied will be rechecked if it is subsequently found to be incorrect.
3.2 Any information (in any form) supplied by Mallone's is done so on the understanding that it is for the sole use of the instructing client and any such information (in any form) shall not be disclosed, transmitted or copied in any way whatsoever, without the written permission of Mallone's Investigators.
3.3 Should any information (in any form) supplied by Mallone's be subsequently passed to any third party, by any means whatsoever without our permission (as referred to above) Mallone's shall not be responsible for any liability, loss, loss of profit, additional expense and any form of damages whatsoever for such unauthorized disclosure.
4. Special Order Equipment
4.1 Where equipment has been obtained and/or constructed to a customer’s specification and at their request,
Mallone's retains the right to charge the full quoted fee and disbursements should there be any change in the customer’s requirements irrespective of reason or circumstances.
4.2 All equipment is dispatched from our Head office in the ACT, is thoroughly checked in full working order before dispatch.
4.3 Any Special Order equipment is non-returnable and non-refundable.
5. Fees
5.1 For our scale of charges please refer to our price list, or to any agreement reached, specific to your particular contract with Mallone's Investigators.
5.2 Rates stated may not be appropriate in cases of exceptional urgency, complexity or responsibility. Where such circumstances exist, we must reserve the right to revise rates by mutual agreement.
5.3 In all cases, (and this includes fee estimates) GST and disbursements are charged in addition. Estimates are given on the basis that the case proceeds reasonably smoothly and without undue complication or delay: If it seems that these factors will cause the estimate to be exceeded we will give you as much notice as possible, and reserve our right to revise the estimate.
5.4 Fees are payable whether or not a case is successfully concluded or completed unless superseded by prior agreement, as may be the case in some instances, for certain categories of service.
6. Payment
6.1 Our outstanding charges, if any, are payable immediately upon completion of the assignment and our account being rendered, in the absence of any prior agreement (such as for legally aided matters) for the payment of a client account. In most circumstances our clients are asked to pay a retainer fee (deposit) before the commencement of any enquiry. In certain matters full payment may be required prior to commencement of the investigation.
6.2. Any disbursements that we incur on your behalf are payable by you in advance, and therefore we do ask you to settle such amounts promptly, or risk delays to your case.
6.3 Payments can be accepted by the following methods: - Cash, Cheque, MasterCard, Visa Card and Western Union. We however prefer at the 1st instance a Direct Wire Transfer or Electronic Funds Transfer from the clients’ bank to any of our banks, as will be instructed.
7. Cancellation
7.6 In the event of written cancellation by the client of any service prior to the service being commenced, the client shall be responsible for all costs incurred by the company for administration, due diligence and file creation usually 25%. Payment of these costs becomes due immediately.
7.7 In respect to surveillance enquiries, or any other ‘pre- booked’ investigation, written cancellation within 48 hours will be liable to 30% of the fee quoted whilst cancellation 24 hrs. or less will render the full fee liable.
7.8 These terms and conditions shall be governed by Law and any dispute arising out of or in connection with the same shall be determined by Australian Courts, and for these purposes ‘written cancellation’ refers to mail or email.
8. Long distance Selling rules
8.1 Due to the nature of the services provided Mallone's opt out of the long distance selling rule, as the majority of cases commence immediately telephone instruction / email instructions are received by us, for the best benefit of our clients.
9. Contract
9.1 Due to the nature and speed that an investigation is required to commence, we are happy to undertake enquiries from telephone instructions, but we would ask that clients give us as much detail as possible to confirm their identity, due to the due diligence we need to perform, to ensure we are acting within legal and moral guidelines and in accordance with the Code of Ethics of the Australian Association of Investigators in which we hold Corporate Membership. We are able to supply written contracts but in the absence of this, we rely on our telephone contract/verbal agreement. All dates and times of all telephone calls are recorded.
8.2 In line with our data protection policy, please be aware that all closed case files are destroyed within a six month period. If you require further clarification please contact your case manager.
Privacy Policy. This privacy policy sets out how Mallone's uses and protects any information that you give Mallone's when you use this website.
Mallone's Investigators is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
Mallone's Investigators may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from June 2020.
What we collect. We may collect the following information:
- Clients’ name and job title and ID.
- clients’ contact information including email address
- Subjects’ demographic information such as postcode and telephone numbers.
- other information relevant to customer surveillance or Investigations and/or offers.