Terms and Conditions

Fortis Analytica Pty Ltd

Effective Date: 23 October 2025

Website: https://fortisanalytica.com.au/

1. Introduction

These Terms and Conditions (“Terms”) govern your use of the website operated by Fortis Analytica Pty Ltd (“Fortis Analytica”, “we”, “us”, “our”) and the professional investigative, screening, and due diligence services we provide.

By accessing this website or engaging our services, you agree to be bound by these Terms.

If you do not agree, you must not use this website or our services.

2. About Us

Fortis Analytica Pty Ltd is a New South Wales–based investigative and risk advisory firm providing services including:

Pre-employment screening
Executive due diligence
Corporate investigations
Open-source intelligence (OSINT) analysis
Compliance and governance reviews
Child-safe hiring advisory services
Digital exposure and reputational risk assessments

Services are delivered in accordance with applicable Commonwealth and State legislation.

3. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any rights you may have under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law (ACL).

Where services are supplied to a consumer:

They come with guarantees that cannot be excluded.
For major failures, you are entitled to remedies under the ACL.
For non-major failures, we may elect to remedy the failure within a reasonable timeframe.

To the extent permitted by law, our liability for non-consumer clients is limited as set out in Clause 11.

4. Licensing and Regulatory Compliance (NSW)

Where applicable, investigative services are provided in accordance with the Security Industry Act 1997 (NSW) and associated regulations.

Fortis Analytica Pty Ltd:

Holds, or operates under, the required NSW security industry licence(s) for investigative services where applicable;
Complies with statutory obligations imposed by NSW Police and relevant regulatory authorities;
Conducts investigative activities within the lawful scope of licensing permissions.

Nothing in these Terms authorises or permits any unlawful surveillance, unauthorised access to data, or activities outside the scope of applicable licensing frameworks.

Clients acknowledge that:

Certain investigative activities may be restricted by law;
We will refuse instructions that are unlawful or outside licensing scope.

5. Scope of Services

All services are provided:

Subject to a written engagement, proposal, or agreement;
Based on information supplied by the client;
In reliance on legally obtainable data sources.

We do not guarantee:

That all global data sources will be identified;
That third-party databases are complete, current, or error-free;
That investigations will produce specific findings.

Reports are prepared for the agreed purpose only and must not be relied upon for unrelated purposes without written consent.

6. Child Safe Screening Disclaimer

Fortis Analytica may provide child-safe hiring advisory services, including background screening and risk analysis for organisations operating in child-related environments (e.g., early childhood, education, community services, sport).

However:

We do not issue Working With Children Checks (WWCC).
We do not replace statutory screening bodies such as the Office of the Children’s Guardian (NSW) or equivalent interstate authorities.
Our services do not guarantee future suitability of any individual to work with children.
Risk assessments reflect information available at the time of inquiry and may not capture future conduct or undisclosed matters.

Clients acknowledge that:

Child safety requires ongoing supervision, governance, culture, and reporting frameworks;
Background screening is one component of a broader safeguarding system;
Employment decisions remain the responsibility of the client organisation.

Fortis Analytica accepts no liability for:

Subsequent misconduct by screened individuals;
Failure by a client to implement appropriate child-safe policies, supervision, or risk controls.

7. Client Responsibilities

Clients agree to:

Provide accurate and complete information;
Obtain informed consent where required (including candidate consent for screening);
Comply with privacy, employment, and anti-discrimination laws;
Use reports lawfully and responsibly.

You are solely responsible for employment decisions and regulatory compliance.

8. Fees and Payment

Fees are set out in:

A written proposal;
A service agreement; or
A published rate schedule.

Unless otherwise agreed:

Invoices are payable within 7 days from date of invoice;
A deposit may be required prior to the commencement of work;
Late payments may incur interest;
Work may be suspended for non-payment.

All fees are exclusive of GST unless stated otherwise.

9. Confidentiality

We treat client information as confidential, subject to:

Legal obligations;
Court orders;
Regulatory requirements.

Clients must not disclose our reports to third parties without written consent unless legally required.

10. Data Retention and Evidence Integrity

Fortis Analytica Pty Ltd maintains structured data handling, storage, and evidence integrity procedures consistent with professional investigative standards and applicable Australian legislation.

10.1 Data Collection and Storage

Information collected in the course of providing services may include:

Client-supplied documentation
Publicly available information
Lawfully obtained third-party records
Investigation notes, digital artefacts, and analytical outputs

Data is stored using secure systems with administrative, technical, and physical safeguards designed to reduce the risk of unauthorised access, misuse, loss, or alteration.

10.2 Retention Periods

Unless otherwise agreed in writing or required by law:

Client files and investigation materials may be retained for a period of up to seven (7) years from completion of services;
Certain records may be retained longer where required for regulatory compliance, licensing obligations, insurance requirements, or legal defence purposes;
We reserve the right to securely destroy or de-identify records after the applicable retention period.

Retention periods may vary depending on:

Nature of engagement
Regulatory requirements
Security industry licensing conditions
Professional indemnity insurance obligations

10.3 Evidence Integrity and Handling

Where services involve investigative findings, digital analysis, or evidentiary documentation:

Records are handled in a manner intended to preserve integrity and authenticity;
Metadata, timestamps, and source references may be maintained where relevant;
Reports reflect information available at the time of investigation.

However, Fortis Analytica does not guarantee that collected information will meet evidentiary standards required by courts, tribunals, or regulatory bodies unless expressly agreed in writing as part of the engagement scope.

Chain-of-custody procedures are implemented where required under the agreed scope of services.

10.4 Data Security Limitations

While reasonable steps are taken to protect information:

No electronic transmission or storage system can be guaranteed 100% secure;
We do not warrant that data will be immune from cyber threats beyond our reasonable control;
Clients acknowledge the inherent risks associated with digital communication.

10.5 Client Access and Destruction Requests

Subject to legal and regulatory obligations, clients may:

Request confirmation of retained records;
Request secure destruction of data where legally permissible.

We may refuse destruction requests where retention is required by:

Law
Court order
Regulatory authority
Insurance or licensing obligations

10.6 Cross-Border Data Handling

Where third-party service providers are engaged (e.g., secure cloud storage providers), data may be stored within Australia or in jurisdictions with comparable data protection safeguards.

We take reasonable steps to ensure third-party providers maintain appropriate security controls.

11. Intellectual Property

All reports, methodologies, templates, frameworks, and website content remain the intellectual property of Fortis Analytica Pty Ltd.

Clients receive a non-exclusive, non-transferable licence to use reports for internal business purposes only.

Unauthorised reproduction, distribution, or publication is prohibited.

12. Limitation of Liability

To the extent permitted by law:

We are not liable for indirect, incidental, special, or consequential loss;
We are not liable for reliance on inaccurate third-party information;
Our total liability is limited to the amount paid for the service giving rise to the claim.

Nothing in this clause limits rights that cannot be excluded under Australian Consumer Law.

13. No Legal Advice

Unless expressly agreed in writing, our services do not constitute legal advice.

Clients should obtain independent legal advice before acting on investigation findings.

14. Website Use

You agree not to:

Use the website unlawfully;
Attempt unauthorised system access;
Copy or scrape content without permission.

We do not guarantee uninterrupted website availability.

15. Termination

We may suspend or terminate services where:

Instructions are unlawful;
Licensing restrictions apply;
Fees remain unpaid;
Ethical or regulatory risks arise.

Outstanding fees remain payable upon termination.

16. Force Majeure

We are not liable for delays or failures caused by events beyond reasonable control, including:

Government actions
Cyber incidents
Natural disasters
Infrastructure failures

17. Governing Law

These Terms are governed by the laws of New South Wales, Australia.

Disputes are subject to the exclusive jurisdiction of NSW courts.

18. Changes to These Terms

We may update these Terms from time to time.

The latest version will be published on our website with an updated effective date.

19. Contact

Fortis Analytica Pty Ltd

New South Wales, Australia

Website: https://fortisanalytica.com.au/

Email: info@fortisanalytica.com.au