These standard Terms and Conditions of trade apply in respect of all work carried out by People&People Marketing and Design (“Agent”) for you (“Client”, except to the extent that the agent otherwise agrees with the Client in writing.

Fees
Where our fees are calculated on an hourly basis, the hourly rates are set out in our engagement letter. The differences in those rates reflect the experience and specialization of our professional staff.
In providing services we may incur disbursements or have to make payments to third parties on your behalf. These will be included in our invoice to you when the expense is incurred GST is payable by you on our fees and charges.
Time for payment of invoices is of the essence. Invoices are payable within seven (7) days of invoice, unless alternative written arrangements have been made with us.

Termination
Notice of termination is required in writing at any time giving one month’s notice by either party.
If our services are terminated, payment is expected of all fees due up to the date of termination and all expenses incurred up to that date.

Delivery
The failure of the Agent to deliver shall not entitle either party to treat this contract as repudiated.
Delivery of the Services to a third party nominated by the Client is deemed to be delivery to the Client for the purposes oft his agreement.
The Agent shall not be liable for any loss or damage whatsoever due to failure by the Agent to deliver the Services promptly or at all, where due to circumstances beyond the Agent control.

Default and Consequences of Default
Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one half percent (2.5%) per calendar month after as well as before any judgment.
In the event that your payment is dishonoured for any reason you shall be liable for any dishonour fees incurred by us.
It you default in payment of any invoice when due, you agree to indemnify us from and against all costs and disbursements incurred by us in pursuing the debt including legal costs on a solicitor and own client basis and our collection agency costs.
Without prejudice to any other remedies we may have, if at any time you are in breach of any obligation including those relating to payment), we may suspend or terminate the supply of services to you and any of our other obligations under the terms and conditions. We will not be liable to you for any loss or damage you may suffer because we have exercised our rights under this clause.
If any account remains overdue after fourteen (14) days then an amount of the greater of $20 or 10% of the amount overdue (up to a maximum of $200) shall be levied for administration fees which sum shall become immediately due and payable.
Without prejudice to our other remedies at law we shall be entitled to cancel the provision of any agreed services (or any part of thereof) which remain unfulfilled and all amounts owing to us shall, whether or not due for payment, become immediately payable in the event that:
A) any money payable to us becomes overdue, or in our opinion you will be unable to meet your payments as they fall due; or
B) you become insolvent, convene a meeting with your creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of your creditors; or
C) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of you or any asset of yours.

Privacy Act 1993

You authorize the agent to:

A) collect, retain and use any information about you, for the purpose of assessing your creditworthiness or marketing products and services to you; and

B) to disclose information about you, whether collected by us from you directly or obtained by us from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by you.

You shall have the right to request us for a copy of the information about you retained by us and the right to request us to correct any incorrect information about you held by us

Disclaimer
The Client hereby disclaims any right to sue for damages or to claim restitution arising out of any misrepresentation made to them by our Agents and the Client acknowledges that they buy the Services/Goods relying solely upon their own skills and judgment.

Errors and Omissions
The Client shall inspect the Services on delivery and shall within three (3) days of delivery notify the Agent of any alleged defect, shortage in quantity, errors, omissions or failure to comply with the description of Services. The Client shall afford the Agent an opportunity to inspect the Services within a reasonable time following delivery, if the Client believes the Services are defective in any way. If the Client fails to comply with these provisions, the Services shall be conclusively presumed to be in accordance with the terms and conditions, i.e. that all information supplied is correct and free from any defect or omission.
For defective services, which the Agent has agreed in writing that the Client is entitled to reject, the Agent’s liability is limited to either (at the Agent’s discretion) replacing the Services or rectifying the Services, provided that the Client has complied with the provisions of clause

Liability Limitations
In the event of a breach of this contract by the Agent, the remedies of the Client shall be limited to damages. Underno circumstances shall the liability of the Agent exceed the value of the quoted work by the Agent.
The Client agrees to indemnify the Agent, its partners, associates, employees, contractors, and any other person who may be sought to be made liable in excess of the limit of liability as outlined in clause above in respect of any activity arising from or connected with these terms, in respect of any claim of whatever kind, including negligence, that may be made by any person and any prearranged costs and expenses that may be incurred by the Agent.
The Agent shall be under no liability whatsoever to the Client for any indirect loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by the Agent of these terms and conditions.

General
If any provision of these terms shall be invalid, void, illegal or unenforceable, then the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired These Terms apply to any current engagement and also to any future engagement.

The Agent may license or sub-contract all or any part of its rights and obligations without the Client’s consent.

The Agent reserves the right to change these Terms from time to time, in which case the Client will be sent amended Terms, and the change will take effect from the date on which the Agent notifies the Client of such change.

Neither party shall be liable for any default due to any Act of God, war, terrorism, strike, fire, flood, storm, or any other event beyond the reasonable control of either party.

The failure by the Agent to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Agent’s right to subsequently enforce that provision.

The Agent’s relationship with the Client is governed by New Zealand law, and New Zealand courts have non-exclusive jurisdiction.

Trello and Marketing Reports s included by default.