Our Terms of Business
Client means the person who engages Pod Consulting to provide Services.
Conditions means these terms and conditions of business and any special terms and conditions or proposal agreed in writing by Pod Consulting.
Completion Date means the date specified by Pod Consulting when a request for service will be completed.
Price means the price for the Services, excluding GST.
Services means the Services which Pod Consulting supplies to the Client pursuant to these terms and conditions.
Pod Consulting means Pod Consulting Ltd.
1.0 Acceptance of Conditions
1.1 These Conditions apply to all requests for service, and exclude all other terms and conditions.
1.2 The commencement of work by Pod Consulting, in line with a request for service, is evidence of the Client’s acceptance of these Conditions.
1.3 Any variation to these Conditions must be agreed in writing by Pod Consulting.
2.0 Basis of Service Provision
2.1 Services
The Services we agree to provide in line with a request for service are Human Resources consultancy services as more specifically set out in Pod Consulting’s proposal to the Client.
2.2 Requests for Service
The Client will ensure any requests for service are sufficiently detailed and specific to allow Pod Consulting to complete work to the satisfaction of the Client.
Each request for service constitutes a separate contract between Pod Consulting and the Client.
2.3 Project Work
Where Pod Consulting is supplying services on an ongoing project basis for the Client, the Client will appoint a ‘Client Representative’ to act as the principal point of contact between the parties, responsible for ensuring adequate and timely instructions or assistance is provided to Pod Consulting.
Pod Consulting may produce documents for approval at various stages of the project and it is the Client Representative’s responsibility to check and approve such documents before Pod Consulting is obliged to move to the next stage of the project. Failure by the Client Representative to approve a document will not affect the Price payable and Pod Consulting is not liable for any errors where the work undertaken corresponds with or is reliant upon a document approved by the Client.
Any variations to a request for service must be set out in writing by the Client Representative.
Additional charges may be levied for any variations to the original request for service on a time and materials basis at our hourly rate current at the time the services are carried out.
2.4 Intellectual Property
As part of the services which we provide to you, we may produce template documents and systems which we tailor for your use. We retain ownership and copyright in all template documents and systems developed by us but grant you a royalty free licence to use any such documents and systems which have been tailored for you as part of our services solely for the purposes of your business and for the purposes intended. You may not copy or reproduce such templates or documents other than for the purposes for which we expressly give permission.
2.5 Confidentiality
Incidental to this agreement the parties may be exposed to confidential information belonging to the other party. We agree such information remains confidential and only use the information for the purposes of complying with our respective obligations under this agreement.
3.0 Price and Payment
3.1 Price and payment
The Price is the price calculated in accordance with each proposal, current at the date of performance of the Services.
The Client may not withhold payment of any invoice or other amount by reason of any right of off-set or counterclaim the Client may have.
3.2 Retainer Agreements
Our proposal to you may be in the form of a retainer agreement whereby you agree to pay a fixed price per month for a set number of hours of consultancy advice per month.
The monthly retainer fee is payable each month irrespective of the number of hours used or required.
Unused hours may be rolled over to subsequent months up to a maximum of 10 hours. No refunds are provided for hours not used.
Hours used in excess of the allocated hours each month will be invoiced at our normal hourly rate.
3.3 Estimates
From time to time Pod Consulting may provide an estimate for the work to be carried out. Whilst Pod Consulting will take all reasonable endeavours to ensure that the price does not exceed the estimate, where an estimate is provided it is regarded as an estimate only, based upon the number of hours Pod Consulting anticipates the job will take based on the instructions given by the Client. Where Pod Consulting believes that the estimate will be exceeded due to variations to the Services which have been requested by the Client, Pod Consulting will provide a revised estimate before proceeding with the work. Pod Consulting reserves the right to charge the Client a sum in excess of an estimate where the job takes longer than estimated.
3.4 Method of payment
Payment is made against invoice.
If on a retainer basis, payment for each month will be invoiced at the end of a given month.
Payment is due on the 20th of the month following invoice unless otherwise agreed by Pod Consulting.
Interest for late payment is 12% per annum and this will charged on a daily basis for outstanding payments
The Price may be paid by direct payment to Pod Consulting’s bank account
Unless an invoice contains a manifest error, all invoices are deemed accepted by the Client 5 days after delivery to the Client.
3.5 Payment on completion of milestones
Pod Consulting may require payment of a deposit or staged payments each month or at significant milestones during the project. Pod Consulting is under no obligation to commence or continue with work until such deposits or staged payments are paid. A request by Pod Consulting for a staged payment does not necessarily mean that work up to that stage will have been completed at the time of the request. All deposits are non refundable. Payment of a 50% deposit may be required from all new clients before project commencement, depending on the specific remit of the project.
4.0 Time for performance
4.1 Time for performance
While Pod Consulting will endeavour to ensure completion of requests for service by the Completion Date and achievement of agreed milestones by the dates agreed,
having regard to the availability of personnel, supplies, facilities and commitments to other clients, any dates quoted for commencement or completion of a request for service are estimates only.
Pod Consulting is not liable to the Client for the late completion of any request for service when the Client has not fulfilled their responsibilities to enable Pod Consulting to undertake their agreed activities.
Pod Consulting may sub contract any part of the supply of Services.
5.0 Termination of the Agreement
5.1 Termination on notice
Either party may terminate this agreement by giving 30 days written notice to the other party.
5.2 Termination of services
Where:
the Client fails to make payment of the Price; or commits any other breach of these Conditions;
any bankruptcy petition is presented against the Client;
the Client is unable to pay its debts as they fall due;
a receiver, administrator, administrative receiver, or manager is appointed over the whole or any part of the Client’s business or assets;
Pod Consulting may terminate this agreement immediately by notice in writing. In addition, Pod Consulting may, at its discretion:
(a) Suspend all future Services to the Client; and/or
(b) Terminate all requests for service without liability on its part; and/or
(c) Charge interest at the rate of 12% per month on all sums outstanding from
the date payment is due to the date payment is received;
(d) Collect any sums owing, in which case the Client is liable for any collection costs incurred on a solicitor and own client or indemnity basis.
6.0 Exclusion of Liability
6.1 Exclusion of Liability
Pod Consulting has no liability to the Client for any indirect or consequential loss or expense suffered by the Client following a breach of these Conditions by Pod Consulting.
If Pod Consulting does breach these Conditions, the remedies of the Client are limited to damages. Under no circumstances will the liability of Pod Consulting exceed the Price.
The Client will indemnify Pod Consulting for all loss or damage arising by reason of the
Client’s negligence, or that of its employees or contractors, or any breach by the Client of these Conditions.
7.0 General clauses
7.1 Notices
Any notice in connection with these Conditions, must be in writing and sent by recorded delivery or email to the last known trading address of the party.
In the absence of evidence of earlier receipt, any notice is deemed to be duly served;
(a) If delivered personally when left at the address;
(b) If so by recorded delivery three days after posting; and
(c) If sent by email, when received.
7.2 Privacy
Pod Consulting may request and collect personal information about the Client to evaluate whether to agree to any request for service. Failure to provide the information requested by Pod Consulting may result in the request for service being declined or a subsequent request for service being terminated by Pod Consulting.
Any such information collected will not be disclosed or sold to unauthorised outside entities for any purpose.
The Client has rights of access to any personal information collected, subject to the provisions of the Privacy Act 1993.
The Client agrees that its personal information may be used by Pod Consulting to advise the Client of Pod Consulting’s other services.
The Client agrees that Pod Consulting may release to other parties information regarding any request for service to enforce these Conditions.
All personal identifiers will be removed prior to use of, or distribution of database ratings, to individuals who are engaged in legitimate occupational research projects.
7.3 Dispute resolution
If any dispute or difference arises between the parties on any matter or thing arising out of or connected with these Conditions, the parties will attempt to settle that difference by negotiation.
Where negotiation is unsuccessful the dispute will be referred to mediation with the mediator being agreed by the parties. The costs of mediation will be borne equally by the parties.
These Conditions are subject to New Zealand law and the parties irrevocably submit to the jurisdiction of the New Zealand courts.
Acceptance of Pod Consulting Ltd’s Terms of Business
I have read, understood and agree to Pod Consulting Ltd’s Terms of Business. Upon signing on behalf of the Client, these Terms of Business will remain valid until the services contract has been performed or cancelled by the parties mutual agreement.
| Client Company | ________________________________________ |
| Client Contact Name (please print) | ________________________________________ |
| Signed | ________________________________________ |
| Date | ________________________________________ |
Connect with us on: