Terms & Conditions

1. TERMS

1.1. These Terms of Service (Terms) will apply to our relationship with you. By using our Services, you agree to be bound by these Terms. We reserve the right to change the Terms at any time and will advise of you this; your continued engagement of us will constitute consent to such changes.

2. KEY DEFINITIONS

2.1. You means the company or individual who requests our Services and includes all your employees and agents.
2.2. Services means any Goods (including any information, and printed, digital or audio material) or Services (including any advice, recommendations, or life or business coaching) provided by us to you, whether in person, via telephone call or video call.

3. FEES, QUOTES AND PAYMENT

3.1. Fees
3.2. Where we provide you with a quote, the Fee chargeable and payable by you is the amount agreed between us and recorded in the quote.
3.3. If no quote is given, the Fee chargeable and payable by you is the amount detailed in any invoice.
3.4. Payment
3.5. You agree to pay us the Fees detailed in any quote or invoice.
3.6. On receipt of an invoice from us, payment of all Fees due to us must be made:
3.6.1. within seven days of the date of the invoice (the due date);
3.6.2. in full without any deduction, set off, counterclaim or otherwise; and
3.6.3. by direct payment to such bank account specified on the invoice.
3.7. We may request (via invoice) an initial deposit before commencing any work, and reserve the right to cease providing Services at any stage for failure by you to pay a Fee by the due date.
3.8. If the Fee is not paid by the due date, we may require you to pay additional costs, including:
3.8.1. interest on any such overdue Fees, at a rate of 15 percent per month;
3.8.2. any actual costs and expenses incurred by us in collecting overdue Fees, including without limitation third party debt collection and legal costs on an indemnity basis; and
3.8.3. an overdue account administration charge of $100.00 plus GST for any Fee more than ten days overdue.
3.9. If we do not receive payment from you by 90 days after the due date, we may refer collection of the unpaid amount to a collections agency. If you inform us of your intent to discontinue payments due under
these Terms, we may immediately refer collection of the unpaid Fee to a collection agency.
3.10. Unless otherwise specified all amounts stated are exclusive of any GST if applicable.

4. LIABILITY

4.1. We will do our best to ensure that we use our skills and expertise to provide you the best Services possible. However, to the greatest extent permitted by law, we (including our employees, contractors, or agents) will not be liable to you for any loss, damages or costs of any nature, direct or indirect, no matter how arising, as a result of our relationship with you, or in the course of performing the Services.
4.2. Clause 4.1 does not exclude our liability arising from our wilful misconduct or gross negligence.
4.3. You agree that your use of the Services is entirely at your own risk. The Services are provided “as is,” without warranty of any kind, either expressed or implied, including without limitation any warranty for information, coaching, uninterrupted access or products and Services provided.
4.4. You will indemnify us on demand in relation to any losses, damages or costs of any nature whatsoever suffered as a result of any breach of these Terms by you.
4.5. The parties acknowledge and agree that the limitations contained in this clause are reasonable in the light of all the circumstances.

5. PERSONAL RESPONSIBILITY

5.1. You acknowledge that any information or advice provided by us during our relationship is intended to facilitate your own decision-making and goal setting. It is at your sole discretion to determine how to use the information and to exercise your own judgement.
5.2. You take full responsibility for your business, life, well-being and your decisions made during and after your use of our Services. You acknowledge that our recommendations and advice are recommendations only and at all times you have the choice to disregard recommendations.
5.3. You understand that the Services are not a substitute for professional advice of legal, mental, medical or other qualified professionals and will seek appropriate professional guidance for such matters.

6. GENERAL PROVISIONS

6.1. Neither these Terms nor any quote shall be deemed to constitute a partnership, joint venture, or contract of employment between us.
6.2. Failure or omission at any time by either party to enforce or require strict or timely compliance with any provision of these Terms shall not affect or impair that party’s right to make use of the rights or remedies that may be available to it under these Terms and shall remain enforceable at all times.
6.3. These Terms shall be construed in accordance with the laws of New Zealand. Any proceedings arising in respect of these Terms will be subject to the exclusive jurisdiction of the Courts of New Zealand.
6.4. Except as explicitly provided in these Terms, you may not assign or otherwise deal with your rights and obligations otherwise than in accordance with these Terms.
6.5. If any part, clause or provision of these Terms is deemed invalid or unenforceable by any court with jurisdiction, such part, clause or provision is deemed to be severed and the remainder of these Terms or any such quote will continue to be binding on the parties.
6.6. These Terms constitute the entire agreement between us in respect of their subject matter and supersede any previous understandings or agreements, including any verbal discussions or emails exchanged between us.
6.7. Unless recorded in a quote, you may not rely on any representations made by us prior to accepting these Terms.

7. INTELLECTUAL PROPERTY & CONFIDENTIALITY

7.1. All materials used in providing the Services, including video, audio, and written content, whether held on the Kartra platform or elsewhere, are our property, unless otherwise specified.
7.2. Personal information or business information supplied by you will be treated with the utmost confidentiality. It will not be disclosed to a third party without your prior permission, save where required by law, to protect our rights under these Terms, or where action might be necessary to prevent harm to you or someone else.
7.3. We may share our own personal information or business information with you while providing the Services. You will not disclose any such information to a third party under any circumstances without our prior permission.

8. DURATION OF AGREEMENT AND TERMINATION

8.1. These Terms will take effect immediately upon instructing us to provide Services or upon use of our Services and remain in effect until the purpose of the provision of the Services by us has been achieved, or our relationship is terminated earlier under this clause 8.
8.2. A party may terminate these Terms by notice in writing to the other party if:
8.2.1. the other party commits a material breach of these Terms that is capable of remedy (including failure to pay any amount due under these Terms) and fails to remedy that breach within 14 days after receiving notice from the other party to do so;
8.2.2. the other party commits a material breach of these terms that is not capable of remedy; or
8.2.3. the other Party becomes insolvent.
8.3. We may terminate these Terms if:
8.3.1. we consider that mutual confidence and trust no longer exist; and/or
8.3.2. if we deem your behaviour during provision of the Services to be inappropriate.
8.4. Upon termination of these Terms:
8.4.1. our obligations to you cease;
8.4.2. each party’s rights and obligations accrued prior to termination are not affected;
8.4.3. any Fees owed to us must be paid immediately;
8.4.4. each party must immediately return to the other party (or destroy or delete as the other party wishes) all confidential information of the other party in its possession or control, except to the extent that the party needs to keep such information to comply with its record-keeping obligations; and
8.4.5. except as provided in clause 8.4, clauses 4, 5, 6, and 7 will continue.

© Copyrights by Canning. All Rights Reserved.