1.1 These Terms apply to any current contract with us, as well as any future contract, whether or not we send you another copy of them. These Terms form the entire agreement between you and us. There is no need for you to sign these Terms in order to accept them. You accept them by continuing to instruct us to work for you.
1.2 We reserve the right to amend these Terms from time to time. Any such amendment will take effect from the date on which we notify you of the amendment, or post the amended Terms And Conditions on our website.
2. Scope and nature of the services
The mentoring or consulting services (the Services) will be provided to you (the Client) by My Business Mentor Limited (the Consultant).
- The Client shall retain the services of the Consultant to provide mentoring or consulting services.
- The Consultant shall receive payments from the Client at a rate to be agreed in writing prior to the work commencing.
All payments shall be paid on the basis of an invoice from the Consultant by direct credit to My Business Mentor Ltd BNZ account within 14 days of the date of the invoice.
- The consultant shall perform the Services as agreed in writing prior to the work commencing. The Client and the Consultant agree that the Services are acquired for the purposes of a business and that the provisions of the Consumer Guarantees Act 1993 are excluded in relation to the Services.
- In providing the Services the Consultant shall exercise the degree of skill, care and diligence normally expected of a competent professional.
- The Client shall provide to the Consultant, free of cost, as soon as practicable following and request for information, all information in his or her power to obtain which may pertain to the Services. The Consultant shall not, without the Client’s prior consent, use information provided by the Client for purposes unrelated to the Services. In providing the information to the Consultant, the Client shall ensure compliance with the Copyright Act 1994 and shall identify any proprietary rights than any person may have in any information provided.
- Confidential information: The Consultant will not disclose or otherwise publish any Confidential Information without the prior written consent of the Client.
- Confidentiality: The terms of this agreement shall be kept confidential by the parties.
- The Client shall pay the Consultant for the Services the amount of fees and expenses at the times and in the manner set out in writing prior to the work commencing.
- All amounts payable by the Client shall be paid within fourteen (14) days of the relevant invoice being sent to the Client. Late payment shall constitute a default and the Client shall pay default interest at current BNZ bank overdraft rates plus 2% on overdue amounts from the date payment falls due to the date of payment and in addition the costs of any actions taken by the consultant to recover the debt.
- Where services are carried out on a time charge basis, the Consultant may purchase such incidental goods and/or Services as are reasonably required for the Consultant to perform the Services. The cost of obtaining such incidental goods and/or Services shall be payable by the Client. The Consultant shall maintain records which clearly identify time and expenses incurred.
- The liability of the Consultant to the Client in respect of his or her Services for the project shall be limited to the value of the fees (exclusive of GST and disbursements). Neither the Client nor the Consultant shall be considered liable for any loss or damage resulting from any occurrence unless a claim is formally made to him or her within two years from completion of the Services.
- The Consultant shall only be liable to the Client, either in contract or in tort, for direct loss or damage suffered by the Client as a result of breach by the Consultant of his or her obligations under this Agreement.
- The Client may order variations to the Services in writing or may request the Consultant to submit proposals for variation to the Services and such variations and associated alterations in payment schedules will become part of this contract if they are agreed, in writing, by the Consultant.
- The Client shall retain copyright of all intellectual property prepared by the Consultant. The ownership of data and factual information collected by the Consultant and paid for by the Client shall, after payment by the Client, lie with the Client. Intellectual property includes (but not by way of limitation) patents, trademarks, copyright, registered designs or trade names or rights, ideas or concepts which may arise during the contract.
- The Consultant has not and will not during the term of the Agreement or at any time after it, assume any obligations as the Client’s Agent or otherwise which may be imposed upon the Client from time to time pursuant to the Health and Safety in Employment Act 1992 (“the Act”) arising out of the engagement. The Consultant and the Client agree that, for the purpose of the Act, the Consultant will not be the person who controls the place of work in terms of the Act.
- The Consultant may suspend all or part of the Services or terminate the Agreement by notice to the Client in the event that the Client fails to pay fees by the due date for professional services rendered.
- The Consultant may increase the hourly rate by giving 30 days written notice to the Client.
- The Client may suspend all or part of the Services or terminate the Agreement by giving one month’s written notice to the Consultant. Suspension or termination shall not prejudice or affect the accrued rights or claims and liabilities of the parties.
- Disputes shall first be referred to conciliation for settlement. Unresolved disputes shall be referred to arbitration in accordance with the Arbitration Act 1908.
- This Agreement is governed by the New Zealand law, the New Zealand courts have jurisdiction in respect of this Agreement, and all amounts are payable in New Zealand dollars.