Beard Partners Limited Terms of Engagement
The following terms and conditions apply to all services provided by Beard Partners Limited
1. Parties
1.1 This Agreement (“Agreement”) is a contract between you (“the Client”) and Beard Partners Limited (“Beard Partners”) trading as ‘The Write Analyst’. This Agreement applies to any and all use by you of the services and or materials supplied by Beard Partners.
2. Terms of Trade
2.1 The Client must read, agree and accept all of the terms contained in this Agreement before using any of the services and or materials offered by Beard Partners.
2.2 If the Client does not agree to be bound by the terms of this Agreement, the Client must not use or access any of the materials or services.
2.3 Beard Partners reserve the right to alter some or all of the terms of this Agreement at any time and will provide the Client with a copy of the amended terms.
2.4 The terms of this Agreement, as amended from time to time, apply to all transactions between the Parties.
3. Scope of Works
3.1 Beard Partners may be engaged to provide the following works:
(i) Operational Business Analysis and Risk Management;
(ii) Project and Change Management;
(iii) Technical Writing and Documentation;
(iv) General Business Consulting;
(v) Any other works required in the ordinary course of its business.
4. Quotes for Service
4.1 Beard Partners will provide a quote for its work (“the Initial Quote”) to the Client. This Initial Quote will remain valid for thirty (30) days.
4.2 The Initial Quote will outline what work is to be undertaken and the estimated time and materials cost to complete it. Beard Partners reserves the right to alter the Initial Quote should the actual cost be greater or less than what was estimated. Any increase or decrease will be communicated to the client as soon as practicable and will be reflected in the monthly invoice.
4.3 If the Initial Quote provided by Beard Partners is accepted by the Client and this acceptance is communicated to Beard Partners, the Client is deemed to accept these terms of trade in full. These terms supersede all previous agreements, understandings and representations between the parties.
4.4 All quotes provided by Beard Partners are exclusive of GST.
5. Payment
5.1 Beard Partners will invoice the Client for work on a monthly basis. Invoices will be sent to the Client’s email address. Payment is due on the 20th of the following month.
5.2 The Client will be invoiced all costs associated with out of pocket expenses. These will be listed on the monthly invoice.
5.3 If a monthly invoice is not paid when it is due, Beard Partners reserves the right to engage a Debt Collection Agency. The Client agrees that Beard Partners have this right and the Client will be liable for all costs and expenses incurred by Beard Partners in instructing a Debt Collection Agency to recover any outstanding payments
6. Copyright
6.1 All material supplied by the Client will remain the Client’s property. However by engaging Beard Partners the Client agree to grant Beard Partners the rights to use such materials in the course of their work. The Client is responsible for obtaining permission for use of any materials provided by third parties and the client will indemnify Beard Partners from any and all copyright claims by third parties.
6.2 By engaging Beard Partners the client agrees to allow Beard Partners to use any non-commercially sensitive information for marketing purposes. Beard Partners will seek the permission of the Client before doing so. Beard Partners agrees to not to disclose in their marketing the Client’s commercially sensitive information.
6.3 Beard Partners retains the right to all property (real or intellectual) provided or used by it in the course of business unless expressly agreed to otherwise. However, Beard Partners agree to allow the Client to continue to use and have access to any property created by it for the Client. The Client is not permitted to on sell or share this property with any third party. The Client agrees to indemnify Beard Partners from any loss associated with any unauthorized sharing.
6.4 This clause 6 continues to be in effect notwithstanding any Termination under clause 8 below.
7. Privacy Act Authorisation
7.1 The Client permits Beard Partners to carry out a credit check on it should Beard Partners deem it necessary to do so.
8. Termination
8.1 Either Beard Partners or the Client may give written notice requesting this Agreement be terminated. This agreement will be terminated immediately upon receipt of this notice by the
other party (“the date of Termination”).
8.2 The Client will be invoiced for work carried out up until the date of Termination (“the Termination Invoice”). Full payment of the Termination Invoice is required within 30 days from the date of the Termination Invoice.
9. Liability and Indemnity
9.1 All services provided by Beard Partners will be used for lawful purposes only.
9.2 Beard Partners expressly excludes, to the maximum extent permitted by law, any and all liability they may have to the Client arising out of this Agreement.
9.3 Notwithstanding this clause, if Beard Partners is found to be liable, its liability is limited to the invoiced amount.
10. Dispute Resolution
10.1 In the event a dispute arises out of this Agreement between the Client and Beard Partners, both parties shall meet and endeavour to resolve such dispute by good faith negotiation within seven (7) working days of the dispute first arising.
10.2 If the parties are unable to resolve the dispute by negotiation, either party may refer the dispute to the determination of a single arbitrator appointed by the mutual agreement of the parties.
10.3 If the parties cannot agree on an arbitrator within three (3) working days of attempting to do so, either party may apply to the President for the time being of the New Zealand District Law Society to appoint an independent arbitrator. Both parties agree this appointment will be binding on them.
10.4 Any dispute referred to arbitration pursuant to clause 10.2 or 10.3 shall be determined in accordance with the provisions of the Arbitration Act 1996.
11. New Zealand Law
11.1 The terms and conditions in this Agreement and every agreement between you and Beard Partners are governed by the laws of New Zealand.
