THE MARKETING BAKER LIMITED: TERMS OF TRADE
1. The “Company” is The Marketing Baker Limited and its authorised agents and nominees.
2. The Company includes references to “us”, “we”, or “our”.
3. The “Customer” is any person or persons, company, business, or other entity that purchases services from the Company.
4. The Customer includes references to “you”, “your, or “yours”.
5. The “Services” includes, without any limitation, all marketing services provided by the Company, and any other services provided by the Company.
6. The Company may from time to time and in its absolute discretion amend the terms and conditions contained herein (“the Terms”) and such variation shall take immediate effect without the Customer’s consent.
7. The Terms shall be deemed to be amended once the amended Terms have been uploaded to the Company’s website (“the website”) and or other sales platforms. The current Terms will be those displayed on the Company’s website.
8. These Terms are governed by the laws of New Zealand and the parties submit to the exclusive jurisdiction of the New Zealand Courts.
9. These Terms constitute the entire agreement between the Company and the Customer in respect of the services supplied. In the event of a discrepancy between these Terms and other communications entered between the Company and the Customer, these Terms prevail.
PAYMENT AND SERVICES
10. Each contract for the provision of services by the Company will constitute a separate contract between the Company and the Customer.
11. All contracts for the provision of services are subject to acceptance and confirmation by the Company. The Company has a discretion to refuse any contract.
12. The Customer may not cancel a contract for a special or one-off project once it has been confirmed and accepted by the Company. In terms of on-going contracts, the Customer may cancel such contracts by giving the Company sixty days’ notice in writing. The Company may cancel such contracts by giving the Customer 30 days’ notice in writing.
13. Services must be paid for within seven (7) days of the date of invoice unless otherwise agreed by the Company.
14. Costs incurred on behalf of the Customer are payable immediately the invoice is issued by the Company except where agreed otherwise between the parties. Such costs include, but are not limited to, advertising and printing costs.
15. Payment may be made by cash, credit card, direct credit or EFTPOS. Payment by direct credit shall not be deemed to have been received until cleared.
16. If the Services are not paid for in accordance with clauses 13 and 14 above, the Company reserves the right to charge a late penalty fee of 12% per annum of the invoice amount to accrue each month or part-month the invoice remains outstanding.
17. If the Company is required to undertake action for recovery of outstanding debts, the Customer indemnifies the Company against any expenses, costs, or disbursements incurred for such purpose, including legal costs on a solicitor-client basis.
18. The Customer indemnifies the Company in respect of any loss arising from any breach by the Customer of these terms including without limitation, legal expenses on a solicitor-client basis.
19. Where the Customer cancels an order after it has been accepted by the Company, such cancellation will incur cancellation and administration fees, which will be calculated on a case by case basis, with a minimum of 10% of the invoice to a maximum of 80% of the invoice total.
SPECIAL ORDERS/QUOTATIONS/ONE-OFF PROJECTS
20. Where the Company gives a quote for the provision of Services, unless otherwise agreed, the quote shall be valid for 30 days from the date of issue.
21. A deposit of 50% of the quoted price will be required to secure the Services for the quote if the Customer accepts the quote. The deposit amount is payable on acceptance of the quote and prior to the commencement of work by the Company. Any deposit paid is non-refundable.
22. The balance of the monies owing under the quote are payable in accordance with clause 13 above.
23. All prices are in New Zealand dollars and include GST unless otherwise stated. The Company is registered for GST and will provide the Customer with a GST invoice.
24. Travel for off-site face to face meetings will be charged at $0.79 plus GST per kilometre starting from/returning to Picton Street, Howick unless otherwise agreed between the parties.
DELIVERY OF SERVICES
25. The Company shall electronically deliver the Services to the email address nominated by the Customer.
26. The Company shall endeavor to deliver the Services to the Customer within the timeframes agreed upon. However, the Customer acknowledges that there may be forces outside the control of the Company that prevent it from doing so. Examples include, but are not limited to, power outages, internet outages, Acts of God, and other force majeure.
27. If the Company sends goods by courier, the Company is not responsible for and loss or damage to the said goods, unless required by law. In the event of damaged goods, the Customer shall lodge a claim with the courier company and the Company shall provide any information requested for the said claim to be processed.
28. All discussions between the Company and the Customer including, but not limited to, discussions that take place during consulting and coaching sessions, remain confidential. The Company undertakes to respect the Customer’s privacy at all times and will not share the Customer’s details unless expressly directed to do so, or in accordance with clause 29 below.
29. The Customer authorises the Company to collect, retain and use personal information regarding the Customer for the following purposes only:
a) Assessing the Customer’s creditworthiness;
b) Disclosing to a third party details of the contract between the Company and the Customer for the purposes of recovering amounts payable by the Customer and providing credit reference.
30. The Company shall immediately stop sending marketing materials to the Customer on the Customer’s request.
31. The Customer is entitled to access to any information held by the Company regarding the Customer for the purposes of assessing and correcting any such information.
CONSUMER GUARANTEES ACT
32. The Consumer Guarantees Act 1993 (“the Act”) shall not apply where the Company is engaged to provide the Services for business purposes. Where the Company is engaged to provide Services for non-business purposes, the Company will comply with all of its obligations under the Consumer Guarantees Act.
LIABILITY AND RISK
33. The Company will take due care to keep all electronic and other information provided by the Customer secure and private. For example, the Company shall ensure it maintains current anti-virus software and secure electronic storage methods.
34. The Company shall not be responsible for any loss or damage of any kind whatsoever arising from the supply of the Services by the Company to the Customer or arising from the storage of information held by the Company regarding the Customer, including consequential loss, whether suffered or incurred by the Customer or by another person and whether in contract or tort (including negligence) or otherwise.
35. If the Customer supplies artwork or other material of an artistic nature (“the artistic material”) to the Company to print or otherwise reproduce as a customized product, the Customer warrants that it owns the copyright in such artistic material and is therefore permitted to supply it to the Company for reproduction and customisation.
36. If it subsequently transpires that the Customer does not own the copyright in the artistic material, the Customer indemnifies the Company against any third party claims for breach of copyright including without limitation, legal expenses on a solicitor and own client basis.
37. If the Company creates artwork for the Customer, the copyright in such artwork shall transfer to the Customer on completion of the contract but not before payment has been made in full.
38. The Company warrants that it has appropriate licenses in place for the use of images and fonts in any creative work it produces for the Customer. If it subsequently transpires that any such license has inadvertently expired, the Customer shall have no right of indemnity as against the Company against any third party claims for breach of copyright.
39. If any dispute or differences arises between the parties out of the terms hereof or in connection with any purchase and the goods the subject of such difference are in New Zealand, such dispute or claim will be referred to the arbitration of a single arbitrator if the parties can agree on one. Otherwise, the dispute shall be referred to two arbitrators, one to be appointed by each party and an umpire to be appointed by the appointment of arbitrators and any such reference shall be a submission to arbitration within the meaning of the Arbitration Act 1996 and its successors and amendments