Services Provided

The Consultant provides professional services tailored to meet the Client’s needs. These services may include, but are not limited to:

  • Consultations as agreed upon with the Client.

  • Support for projects or ad-hoc services based on the Client's requirements.

All services are delivered with the aim of optimizing the Client’s business processes and improving overall efficiency. Service specifics, including scope, timelines, and deliverables, will be determined and mutually agreed upon prior to commencement.

Invoices for services will be issued according to the terms agreed between the Consultant and the Client.

Terms & Conditions of Service

The term of this agreement (the "Term") will begin on the date agreed and will remain in force and effect until the completion of the services, subject to earlier termination as provided in this agreement. The term may be extended with the written consent of the parties.

PERFORMANCE:

  • The Parties agree to do everything necessary to ensure that the terms of this agreement take effect.

CURRENCY:

  • Except as otherwise provided in this agreement, all monetary amounts referred to in this Agreement are in NZD (New Zealand Dollars)

PAYMENT:

  • The consultant will charge the client a flat fee for services as stated in the scope, pricing proposal or quote.

  • Should a retainer be applicable it is payable by the client upon execution of this Agreement.

  • For any remaining amounts, the client will be invoiced when the Services are complete. Invoices submitted by the consultant to the client are payable within 7 business days of receipt.

  • In the event of ongoing services being agreed to between the parties, an hourly rate agreed to between the parties will be charged on a per hour basis.

  • In the event that this agreement is terminated by the client prior to completion of the services but where services have been partially performed, the consultant will be entitled to pro rata payment to the date of termination provided that there has been no breach of contract on the part of the consultant.

REIMBURSEMENT OF EXPENSES

  • The consultant will be reimbursed from time to time for reasonable and necessary expenses incurred by the consultant in connection with providing the Services.

  • All expenses must be pre-approved by the client.

CONFIDENTIALITY

  • Confidential information ("Confidential Information") refers to any data or information relating to the client, whether business or personal, which would reasonably be considered private or proprietary to the client and that is not generally known and where the release of that confidential information could reasonably be expected to cause harm to the client.

  • The consultant agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any confidential information which the consultant has obtained, except as authorised by the client or as required by law. The obligations of confidentiality will apply during the term and will survive indefinitely upon termination of this Agreement

  • All written and oral information and material disclosed or provided by the client to the consultant under this agreement is confidential information regardless of whether it was provided before or after the date of this agreement or how it was provided to the consultant.

  • Inverse all written and oral information and material disclosed or provided by the consultant to the client under this agreement is confidential information regardless of whether it was provided before or after the date of this agreement or how it was provided to the client.

OWNERSHIP OF INTELLECTUAL PROPERTY

  • All intellectual property and related material, including any trade secrets, moral rights, goodwill, relevant registrations or applications for registration, and rights in any patent, copyright, trademark, trade dress, industrial design and trade name (the "intellectual property") that is developed or produced under this agreement, will be the sole property of the client.

  • The consultant may not use the intellectual property for any purpose other than that contracted for in this agreement except with the written consent of the client.

CAPACITY/INDEPENDENT CONTRACTOR

  • In providing the services under this agreement it is expressly agreed that the consultant is acting as an independent contractor and not as an employee. The consultant and the client acknowledge that this agreement does not create a partnership or joint venture between them and is exclusively a contract for service.

RIGHT OF SUBSTITUTION

  • Except as otherwise provided in this agreement, the consultant may, with agreement of the client, engage a third-party sub-contractor to perform some or all of the obligations of the consultant under this agreement and the client will not hire or engage any third parties to assist with the provision of the services.

  • In the event that the consultant hires a sub-contractor:

  • the consultant will pay the sub-contractor for its services and the compensation will remain payable by the client to the consultant

  • for the purposes of the indemnification clause of this agreement, the sub-contractor is an agent of the consultant.

AUTONOMY

  • Except as otherwise provided in this agreement, the consultant, with the agreement of the customer, will have full control over working time, methods, and decision making in relation to provision of the services in accordance with the agreement. The consultant will work autonomously and not at the direction of the client. However, the consultant will be responsive to the reasonable needs and concerns of the client.

EQUIPMENT

  • Except as otherwise provided in this agreement, the consultant will provide at the consultant’s own expense, any and all equipment, software, materials and any other supplies necessary to deliver the services in accordance with the agreement

NO EXCLUSIVITY

  • The parties acknowledge that the services are non-exclusive and that the consultant will be free, during and after the term, to engage or contract with third parties for the provision of services similar to the services being provided.

INDEMNIFICATION

  • Each party agree to indemnify the other against any loss, expense, damages or compensation which the other party incurs or is required to pay (including without limitation any legal fees or amount paid by way of settlement) in relation to any claim which is threatened, notified or commenced against the indemnifying party and which arises directly or indirectly out of any wilful or negligent act or omission of each party in the course of performing the services. This indemnity will continue to apply after termination of this contract.

GOVERNING LAW

  • This agreement will be governed by and construed in accordance with the laws of New Zealand.

WAIVER

  • The waiver by either party of a breach, default, delay or omission of any of the provisions of this agreement by the other party will not be construed as a waiver of any subsequent breach of the same or other provisions.

DISPUTE RESOLUTION

  • If a dispute arises, the parties will meet in good faith to try and resolve the dispute informally.

  • If the dispute has not been resolved within 14 days this agreement shall be governed and construed in accordance with the laws of New Zealand. The parties submit to the non-exclusive jurisdiction of the courts of New Zealand and agree that the courts of New Zealand are a convenient forum in which to resolve any dispute arising under or in relation to this agreement.

For any further questions please do not hesitate to make contact