Terms of trade
Terms of trade from Buzz Marketing NZ Ltd
Buzz Marketing NZ Ltd will 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. It is, however, important to have certain contractual aspects agreed in order to protect both parties. By undertaking a project with Buzz Marketing you are agreeing to the following terms and conditions.
1. Relationship of the Parties
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.
2. Project Process
Tasks stated in a quote, meeting or email either as a verbal or written instruction will be accepted as confirmation. Any further changes to be notified and agreed in writing.
A quote is based on a reasonable number of revisions/changes for the project and Buzz Marketing NZ Limited reserves the right to charge additional fees for excessive changes to the original job brief. This will determined and communicated by the Buzz Marketing Company Director.
All material, both text, images and branded graphics, supplied by the client to be used for marketing and promotional purposes, will remain the client's property. All such material will be assumed to be the property of the client and free to use without fear of breach of copyright laws.
The copyright for all non-branded material provided by Buzz Marketing, such as graphics, photographs and text, will remain the property of Buzz Marketing unless stated in writing.
The parties acknowledge that Buzz Marketing may accept work from other clients to develop websites, marketing or promotional campaigns from the same or a similar industry to the client's own category. Exclusivity of materials can be negotiated if requested. Buzz Marketing may also replicate non-branded graphics, photographs and text used in the creation of a website, marketing material and promotional campaigns.
4. Terms of Payment
Buzz Marketing bank details 38-9010-0794191-00. Invoices will be sent monthly, bi-monthly or quarterly depending on regular arrangement with YE expense statements with be sent on the 20 March every year. If you do not agree with any amount charged or item listed on the invoice please notify us by email within 7 days of the issue date, otherwise the invoice amount will stand as correct and owing.
Regular online banking payments are required for repeat work to hold the reduced rate of $85+GST per hour otherwise the hourly rate is $115 + GST for one off projects. Further support of marketing services may be offered beyond the terms of this contract. All payments will be expected before or on the due date stated on the invoice. Any default of these terms will require alternative arrangement prior to the due date.
If debt is still outstanding 30 days past due date, an official debt collection process will proceed and any cost of collection will be added to the outstanding invoice. Please email firstname.lastname@example.org if you need to negotiate payment terms, which must be agreed by both parties in writing. Interest of 5% will be added to the outstanding amount beyond 30 days if no arrangement has been approved by Buzz Marketing NZ Ltd, this will be added to the final payment including any amount retrieved through debt collection.
5. Validity of the Agreement
Buzz Marketing reserves the right to cease immediately, without liability, to provide the service and to terminate this agreement if you should go into liquidation or bankruptcy, or if you fail to meet any obligation in accordance with this agreement.
If at any point during the project a client wishes to cancel, they may do so but will be invoiced an amount that Buzz Marketing judges to be proportional to the amount of work completed on the project.
6. Assignment and Delegation
We may assign or transfer our rights and responsibilities under this contract to another party.
We may also subcontract the performance of any of our responsibilities under this contract to another party.
You agree that Buzz Marketing 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 Buzz Marketing may have been notified of such damage or claims.
We shall not be liable to you 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 by cause beyond our control.
All content remains the property of Buzz Marketing NZ Limited until full payment has been received.
Any further questions please contact us directly.