Terms and Conditions
Our Terms and Conditions
1. All and any business undertaken by marketelements Limited (also referred to as “us” or “we”) is conducted subject to these terms and conditions, each of which shall be incorporated or implied in any agreement between us and the Client. In the event of conflict between these terms and conditions and any other terms and conditions, the former shall prevail unless expressly otherwise agreed by us in writing.
2. Our proposal will confirm the nature of the services to be provided to the Client and these terms and conditions shall apply upon the Client’s acceptance of the assignment.
Fees
3. Our fee structure will be outlined in the proposal and will be payable as follows:
3.1 Fees are invoiced in monthly instalments based on the number of hours worked/work completed during the month. All fees are exclusive of GST.
Disbursements
4. In addition to the fees in 3 above, disbursements such as travel, accommodation, communication and printing costs are additional to our project fees and are invoiced as they occur.
Payment
5. Payment terms: Fees, disbursements and any collection costs shall be paid by the client on the 20th of the following month after the invoice date. GST is additional to all of our invoices.
6. Interest charges of 2% of the outstanding amount may be added to overdue payments.
Termination of the Project
7. Should the assignment be discontinued or postponed, all fees invoiced to date are payable, together with work in progress and disbursements not previously invoiced, incurred up to the date of discontinuance. In addition, we will be entitled to retain the instalments invoiced to the Client up to that point.
Alterations to Agreed Upon Terms
8. If the Client for any reason alters materially (at the discretion of marketelements) its requirements, then we reserve the right to renegotiate fees.
Intellectual Property
9. Any and all details pertaining to the assignment(s) are in strict confidence between us and the Client and are not to be disclosed to any other person or entity without our written consent.
10. Under this agreement, Marketelements and the Client acknowledge that both parties will be required to share information with each other including but not limited to information, materials, systems, techniques (both copyright and non-copyright) that are confidential and may constitute trade secrets. Any and all details pertaining to information, materials systems and techniques (both copyright and non-copyright) are in strict confidence between us and the Client and are not to be disclosed to any other person, third party or entity without our written consent. Any breach will entitle the parties to remedies at law or equity.
11. Any and all information, material, systems and techniques (both copyright and non-copyright), either developed or introduced by us to the Client remain the sole property of Marketelements.
Confidentiality
12. marketelements and its associates undertake to maintain confidentiality related to all aspects of the assignment and general client information.
Due Care and Liability
13. marketelements warrants that it will provide services with all due care and skill. No other warranty will be implied against us by any statute, at common law, or otherwise, and no representation, condition or warranty will bind us unless it is in writing and signed by a duly authorised officer of marketelements. We have no liability or responsibility to the Client or to any other party for any direct, indirect or consequential injury, loss or damage however caused or of whatever type.
14. Without restricting the limitations of the liabilities of marketelements as set out in clause 13, if we are found to be liable to the Client, then our liability is limited to the amount of the fee for the services in respect of which such liability arises.
15. We will not be in breach of these terms and conditions because of any failure by marketelements, directly or indirectly, due to any cause beyond our reasonable control.
Severance/Waiver/Variation
16. If any of these terms is held by a Court to be illegal or unenforceable, the term will be severed from all other terms without affecting the validity or enforceability of all other terms.
17. No exercise or failure to exercise or delay in exercising any right or remedy by us will constitute a waiver of that or any other right or remedy, and no waiver will be effective unless it is in writing and signed by an authorised officer of marketelements.
18. Any variation of these terms and conditions must be agreed in writing by a Partner of marketelements.
19. The obligations of the parties under this agreement will survive the expiry, completion of the project or termination of this contract arising from whatever reason.
Contacting Us
20. We think the best and quickest way to ensure your utmost satisfaction is for you to contact us immediately you have any questions or concerns regarding this policy. You can contact us here:
55 Filleul Street
Gladstone
Invercargill 9810
info@marketelements.co.nz
+64 (0)3 218 1124