Legal
Terms and Conditions
Secure Collections & Investigations Limited trading as ISACORP (“ISACORP”, “we”, “us” or “our”)
How These Terms Apply
These Terms and Conditions are made up of:
- 1. General Terms, which apply to every instruction; and
- 2. Service-Specific Terms, which apply depending on the services the Client has instructed ISACORP to provide.
The service sections are:
- Private Investigation and Tracing Services
- Repossession Services
- Process Serving and Field Attendance Services
Only the General Terms and the Service-Specific Terms relevant to the instruction apply.
If ISACORP is instructed to provide more than one type of service, each relevant Service-Specific section applies.
By instructing ISACORP, continuing an instruction or accepting services from ISACORP, the Client agrees to these Terms together with any applicable quotation, rate schedule, service agreement or other written fee arrangement.
Back to contentsGeneral Terms
1. Application and Priority
These Terms apply to all services provided by ISACORP.
Where a specific written quotation, service agreement or fee arrangement conflicts with these Terms, the specific written agreement will prevail to the extent of that inconsistency.
2. Fees and GST
Fees may be charged on an hourly, fixed-fee, quoted or other agreed basis.
All fees, rates and charges are exclusive of GST unless expressly stated otherwise.
3. Payment
Unless otherwise agreed in writing, invoices are payable within seven (7) days of the invoice date.
ISACORP may require a deposit, payment in advance or retainer before commencing or continuing work.
ISACORP may suspend work where an invoice is overdue or an agreed retainer has been exhausted.
4. Overdue Accounts and Recovery Costs
If an amount owing to ISACORP is not paid by the due date, ISACORP may charge interest on the overdue amount at a rate not exceeding 15% per annum, calculated daily from the due date until payment.
The Client is also liable for all reasonable costs incurred in recovering an overdue account, including collection costs and legal costs on a solicitor-client basis, to the extent permitted by law.
ISACORP may suspend any current instruction while amounts owing remain overdue.
5. Disbursements and Third-Party Costs
The Client is responsible for reasonable disbursements and third-party costs incurred in carrying out an instruction.
These may include mileage, travel, accommodation, database charges, Court and filing fees, process serving, contractors, agents, towing, transport, locksmiths, storage and other expenses reasonably required for the instruction.
Unless expressly stated to be a fixed inclusive fee, a quotation or estimate is based on the circumstances known at the time and may change if the scope or circumstances change.
6. Legal Representatives and External Providers
ISACORP may, where authorised and legally permissible, arrange for solicitors, barristers, process servers, investigators, expert witnesses, enforcement agents and other external providers to assist with an instruction.
The Client is liable for the fees charged by ISACORP for arranging and providing those services in accordance with any quotation, agreed fee, rate schedule or other fee arrangement.
Where ISACORP arranges an external provider, the amount charged to the Client may include administration, coordination, file management, professional attendance and commercial margin and may therefore differ from, or exceed, the amount charged to ISACORP by the external provider.
Unless expressly agreed otherwise, an external provider's invoice to ISACORP does not determine the amount ISACORP is entitled to charge the Client.
Material external legal or professional costs will not normally be incurred without Client authority unless already authorised under an agreed quotation, rate schedule, service agreement or standing instruction.
7. Client Information and Authority
The Client warrants that:
- a. it has lawful authority to provide the instruction;
- b. all material information supplied is accurate, complete and not misleading;
- c. any personal information supplied has been lawfully obtained and may lawfully be disclosed and used for the instruction; and
- d. the Client will promptly advise ISACORP of any material change affecting the instruction.
ISACORP is entitled to rely on information and documentation supplied by the Client unless there are reasonable grounds not to do so.
8. Employees, Agents and Contractors
ISACORP may use suitably qualified employees, contractors, private investigators, repossession agents, process servers, field agents and other providers where reasonably required.
9. Confidentiality
ISACORP will treat information obtained in the course of an instruction as confidential, subject to operational requirements and any legal, regulatory or professional obligation requiring disclosure.
10. Privacy
The Client acknowledges that personal information may be collected, used and disclosed where reasonably necessary to undertake the instruction, administer the engagement, comply with legal obligations or protect lawful interests.
The parties must comply with the Privacy Act 2020 and any applicable privacy codes.
11. Reports, Information and Work Product
Reports, photographs, recordings, information and other material produced by ISACORP may be used by the Client for the purpose for which the instruction was provided.
The Client must not materially alter a report or represent an altered report as having been issued by ISACORP.
Reports and other work product must not be published or distributed more widely than reasonably necessary without prior consent, except where disclosure is reasonably required for legal proceedings, professional advice, insurance, regulatory requirements or another legitimate purpose connected with the instruction.
12. Third-Party Reliance
Unless expressly agreed in writing, reports, advice and work product are prepared solely for the Client and the purpose of the relevant instruction.
ISACORP accepts no responsibility to a third party who relies upon the work without written agreement.
13. No Legal Advice
ISACORP is not a law firm and does not provide legal advice.
Comments concerning legal procedure or likely outcomes are operational and practical only.
The Client should obtain independent legal advice where required.
14. No Guarantee
ISACORP will exercise reasonable skill and care but does not guarantee any particular result or outcome unless expressly agreed in writing.
15. Cancellation and Changes
The Client may cancel or amend an instruction at any time.
The Client remains liable for work undertaken, resources committed, third-party costs and reasonable cancellation charges incurred before cancellation or amendment is received.
Short-notice cancellation charges may apply where personnel have been specifically scheduled.
16. Suspension or Termination
ISACORP may decline, suspend or terminate an instruction where it considers the instruction unlawful, improper or unsafe, material information has been withheld, there is a conflict, payment is overdue, or continuing would expose ISACORP or its personnel to unreasonable legal, regulatory, safety or reputational risk.
Fees and costs incurred remain payable.
17. Indemnity
The Client indemnifies ISACORP against reasonable losses, liabilities, claims and costs arising directly from inaccurate information, unlawful instructions or lack of authority on the part of the Client.
This does not apply to the extent caused by ISACORP's negligence, wilful misconduct or breach of law.
18. Limitation of Liability
To the maximum extent permitted by law, ISACORP will not be liable for indirect, consequential or special loss, loss of profit, loss of opportunity or other economic loss.
Where the Client acquires the services in trade and it is legally permissible and fair and reasonable, aggregate liability will be limited to the fees paid for the relevant instruction.
Nothing excludes rights or liabilities which cannot lawfully be excluded.
19. Consumer Guarantees Act
Where the Client acquires the services in trade, both parties are in trade, and it is fair and reasonable, the parties agree that the Consumer Guarantees Act 1993 will not apply.
This does not apply where the Act cannot lawfully be contracted out of.
20. Set-Off and Deduction
ISACORP may deduct and set off any amount properly owing, including fees, disbursements, interest and other charges, from monies received or held on behalf of the Client, including across other matters, to the extent permitted by law.
21. Assignment
The Client may not assign its rights or obligations without prior written consent.
ISACORP may transfer an engagement within its associated group of companies where reasonably required for operational purposes, provided this does not materially prejudice the Client.
22. Non-Reliance
The Client acknowledges that it has not relied upon any representation, promise or warranty not contained in these Terms or another written agreement.
23. Force Majeure
ISACORP is not liable for delay or failure resulting from events reasonably beyond its control.
24. Governing Law
These Terms are governed by New Zealand law.
25. Changes to Terms
The version applying when the instruction is accepted will apply to that instruction unless otherwise agreed.
Private Investigation and Tracing Services
These terms apply together with the General Terms, which apply to every instruction.
1. Scope
ISACORP may undertake private investigations, surveillance, tracing, intelligence gathering, interviews, field enquiries, evidence gathering and related services.
2. Lawful Purpose
The Client warrants that the instruction is for a lawful and legitimate purpose.
The Client must not instruct ISACORP to undertake activity for harassment, intimidation, stalking, circumvention of a protection or non-contact order or another unlawful purpose.
3. No Guarantee
Investigation and tracing work is inherently uncertain.
ISACORP does not guarantee that a person will be located, surveillance will identify relevant activity, information will be obtained or any particular evidence or outcome will result.
4. Evidence and Admissibility
ISACORP will use reasonable care when obtaining and recording evidence but does not guarantee admissibility or the weight given to information or evidence by any Court, Tribunal, insurer, employer or other decision-maker.
5. Surveillance
Surveillance is subject to operational, legal, privacy, safety, environmental and practical constraints.
Investigators may alter, suspend or discontinue surveillance where continuing would be unsafe, unlawful, disproportionate or likely to compromise the operation.
6. Tracing
Tracing is based on information available from lawful sources when enquiries are undertaken.
No current address, contact information, asset or other result is guaranteed.
7. Client Restrictions
The Client must immediately advise ISACORP of any Court order, protection order, non-contact arrangement, statutory restriction or other legal limitation affecting the instruction.
8. Use of Information
The Client is responsible for ensuring information obtained is subsequently used for a lawful and proper purpose.
9. Scheduling and Cancellation
Cancellation charges may apply where investigators have been specifically scheduled and an assignment is cancelled or changed at short notice.
Repossession Services
These terms apply together with the General Terms, which apply to every instruction.
1. Scope
ISACORP may undertake repossession, asset recovery, voluntary surrender, asset location and related services.
2. Client's Right to Repossess
The Client warrants that it has a lawful and enforceable right to repossess or recover the relevant asset and that all contractual and statutory prerequisites required of the creditor have been satisfied.
3. Asset Identification
The Client must provide sufficient and accurate information to identify the relevant asset.
4. Changes Affecting Repossession
The Client must immediately advise ISACORP of any payment, settlement, arrangement, dispute, complaint, hardship application, Court proceeding, injunction, stay, insolvency event or other matter which may affect repossession rights.
5. Compliance
Repossession activity will only be undertaken where ISACORP considers it lawful and appropriate.
Nothing requires a repossession agent, employee or contractor to breach any statutory or regulatory obligation applying directly to that person.
6. Access and Safety
An attendance may be refused, suspended or discontinued due to safety, breach-of-peace concerns, asset identification, access, authority, ownership, competing security interests or other legal or operational issues.
7. No Guarantee
Asset location, access, recovery, condition and value are not guaranteed.
8. Fees and Costs
The Client is responsible for agreed fees plus authorised or reasonably necessary mileage, travel, agents, towing, transport, locksmiths, storage, waiting time, after-hours attendance and other costs.
9. Unsuccessful Attendances
Attempted, unsuccessful or aborted repossessions may still be charged where work, resources or costs have been incurred.
10. Third-Party Property
ISACORP may rely on asset information supplied by the Client while taking reasonable care to confirm the asset.
11. Post-Repossession Obligations
Unless separately instructed and accepted, the Client remains responsible for post-repossession notices, valuations, sale, disposal, accounting and other creditor obligations.
12. Cancellation
Fees and committed costs remain payable where an instruction is cancelled after work has commenced or resources have been allocated.
Process Serving and Field Attendance Services
These terms apply together with the General Terms, which apply to every instruction.
1. Scope
ISACORP may undertake process serving, document delivery, field calls, address attendances, occupancy enquiries, demand delivery and related work.
2. Client Instructions
The Client is responsible for complete and accurate documents and for advising of any service deadline, Court requirement, personal-service requirement, permitted or prohibited method, known safety issue or other special requirement.
3. No Guarantee
ISACORP does not guarantee that a person will be located, access obtained, cooperation obtained or service successfully effected.
4. Service Requirements
The Client is responsible for obtaining legal advice regarding required methods and timing of service where necessary.
5. Reports and Evidence
Reports, affidavits and certificates will record facts actually observed or established by the agent.
No evidence will be given regarding matters which cannot properly be verified.
6. Validity of Service
ISACORP does not guarantee that service will ultimately be accepted as legally valid by a Court, Tribunal or other authority.
7. Field Calls
A field call is an attendance to attempt contact, convey information or documents, make agreed enquiries and report observations.
It does not guarantee payment, acknowledgement, cooperation or any other outcome.
Unless expressly instructed and reported as formal service, leaving or delivering documents during a field call is not confirmation that legal service has been effected.
8. Additional Attempts
Additional addresses, attempts, urgent work, after-hours work, waiting time, mileage, travel and other disbursements may be separately charged unless included in the agreed fee.
9. Safety
An agent may postpone or discontinue an attendance where there is a reasonable safety, legal, identification or operational concern.
10. Cancellation
Fees and costs reasonably incurred remain payable where an instruction is cancelled after work has commenced or an agent has been allocated.
Acceptance
By instructing ISACORP or continuing to instruct ISACORP after being provided with access to these Terms, the Client agrees to these Terms.
Version: 15 September 2026