Terms of service
Connec+ is the trading name of Number 63 Limited. Connec+ will endeavour to operate in a fair and reasonable manner at all times and it is part of our ethos to ensure we maintain a great relationship with our clients. However, it is important to agree on certain contractual aspects in order to protect both parties. By undertaking any project with Connec+, you are agreeing to the following terms and conditions:
- Relationship of the Parties
The parties are Connec+ and you the Client. The Parties intend that an independent contractor relationship will be created by this Contract and that no partnership, joint venture or employee/employer relationship is intended or implied.
- Project Process
Connec+ will arrange and secure a date with the Client as to when work can commence. The timing of the project process is subject to all parties agreeing on the quote submitted, access to various social platforms and feedback on key phrases for your project prior to work commencing.
Any quote given by Connec+ will be valid for one month from the date the quote was submitted and will include all the specifics from the initial project scope.
- GST
All prices are quoted exclusive of GST. GST is payable by New Zealand residents, this cost does not apply to overseas work.
- Terms of Payment
The method of payment will be made by direct credit, or by any other method as agreed to between the Connec+ and the Client.
Payment terms are 10 days from the date of invoice.
- For one-off projects, a 50% deposit will be invoiced at the start of the project with the balance provided upon completion of work – unless otherwise agreed (e.g progress payments);
- For on-going work, invoices will be sent on the 1st day of the month with payment due by the 10th of the month invoiced (ie: 10 days after invoicing);
- For hosting, invoices will be sent on the 1st of the month for the following three months with payment due by the 10th of the month invoiced (ie: 10 days after invoicing);
- For reimbursement, invoices will be sent after the expense is incurred with payment due within 7 days.
Late payment shall incur interest at the rate of 2% per monthly compound. This shall be payable on any monies outstanding under the Contract and/or from written and verbal agreement from the date payment was due until the date payment is received by Connec+, but without prejudice to Connec+ other rights or remedies in respect of the Client’s default in failing to make payment on the due date.
If we are forced to hand your account over to a debt collection agency for the collection you will be liable for any collection costs incurred. Without prejudice to any other remedies Connec+ may have, if at any time the Client is in breach of any obligation (including those relating to payment), Connec+ may suspend or terminate the service to the Client and any of its other obligations under these terms and conditions. Connec+ will not be liable to the Client for any loss or damage the Client suffers because Connec+ exercised its rights under this clause.
In the event that:
- any money payable to Connec+ becomes overdue, or in Connec+ opinion the Client is unable to meet its payments as they fall due; or
- the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
- a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client; then without prejudice to Connec+ other remedies at law
- Validity of the Agreement
Either Party may terminate the Contract on 30 working days’ written notice to the other party. All funds owning at that date will be required to be paid in full by the Client. Connec+ reserves the right to cease immediately without liability to provide the service and to terminate this agreement if the Client should go into liquidation or bankruptcy, or if the Client fails to meet any obligation in accordance with this Contract.
- Assignment and Delegation
Connec+ may assign or transfer its rights and responsibilities under the Contract to another party. Connec+ may also subcontract the performance of any of its responsibilities under this Contract to another party.
- Liabilities
You agree that Connec+ will not be liable for any indirect or consequential damages, including but not limited to, loss of profits or for any claim made on the client by any other party, even though Connec+ may have been notified of such damage or claims.
Connec+ shall not be liable to the Client for any loss or damage directly or indirectly arising out of, or in connection with any delay in delivery of the goods or failure to perform its obligations under this agreement where such delay is caused directly or indirectly by an act of God, armed conflict, labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials or manufacturing facilities, accidents, interruptions of, or delay in, transportation or any other cause beyond our control. You agree to defend, indemnify and hold us harmless from and against any and all claims, losses, liabilities and expenses (including attorneys’ fees) related to or arising out of the services provided by us to you under this agreement, including without limitation claims made by third parties (including your customers) related to any false advertising claims, liability claims for products or services sold by you, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder (including malfunction of Website/Software or the Internet), or for any content submitted by you for publication by us.
If despite the other provisions of this agreement, Connec+ is found to be liable to you the client then Connec+ liability for any single event or series of related events is limited to the fees Connec+ has received this from the Client.Due to the public nature of the Internet, all material submitted by the Client for publication will be considered publicly accessible. Connec+ does not screen in advance Client material submitted to Connec+ for publication. Connec+ publication of material submitted by the Client does not create any express or implied approval by Connec+ of such material, nor does it indicate that such material complies with the terms of this agreement.
- Applicable Law
The Consumer Guarantees Act 1993 (the Act) may apply to any services we provide to you if you acquire these services for personal, domestic or household use. If the Act applies, all rights you may have under it apply in addition to the rights you may have under this Contract. Nothing in this agreement will limit or exclude your rights under the Act.
Where the Client acquires our services for the purpose of a business, then you agree that the provisions of the Act will not apply to our service or the provision of any other services to you.
This Contract shall be deemed to be a Contract made in New Zealand and shall be subject to, governed by and interpreted in accordance with the laws of New Zealand.
- Non Waiver