Terms and Conditions

Between    The Client [You]             And    NZ Procurement & Probity Services [We/ Us]

Introduction

This section describes the Terms and Conditions under which the assignment will be undertaken. A request for NZ Procurement & Probity Services personnel to undertake work for the client constitutes acceptance of these terms and conditions, unless agreed otherwise in writing.

Terms and Conditions

1. You have requested, and we agree to provide procurement support services on the terms and conditions below. Your details will be added to our database and will be sent relevant communications from time to time. You may readily opt out of receiving these communications at any stage.
    
2. You agree to pay us the Service Fees in accordance with our invoices at agreed rates or estimates, without any deduction or set-off. A deposit may be required prior to commencement of work. Payment may include reimbursement for expenses incurred in providing the Services, provided that the client has agreed to cover those expenses prior to them being incurred. Examples include extraordinary travel expenses and other disbursements.
    
3. For on-going projects, we will invoice you on a monthly basis, for payment in cleared funds into our bank account by the 20th of the following month. We routinely follow up late payments promptly.
    
4. If our agreed payment terms are not met, then any collection costs, plus late payment charges [comprising a set administration charge plus 2.5% monthly interest on outstanding amounts] may be charged.
    
5. Project deliverables may be subject to a Romalpa clause (i.e. the deliverables remain our property until paid for in full).
    
6. You shall not, during the term of this Agreement or within 12 months of its termination or expiry, directly or indirectly employ or engage any personnel or subcontractor of NZ Procurement & Probity Services unless we consent in writing.
    
7. You agree to provide to our personnel access to your premises and such information and equipment as is reasonably necessary to enable us to perform the Services. Where timetables have been agreed for the provision of necessary information to enable the project to proceed, you will adhere to those timetables.
    
8. Where significant travel time (more than two hours) is required to attend meetings, travel time may be charged. The applicable charge rate is normally 50% of the standard rate.
    
9. The Client and NZ Procurement & Probity Services indemnify each other against all expenses, damages and loss and costs incurred or awarded by or against the other party as a result of any negligent act or omission, to the fullest extent permitted by law.
    
10. You take full responsibility for reviewing and approving the content and form of the deliverables of the contract. Our total liability under or in any way connected with the Services is limited to the amount of the Service Fee paid to us.
     
11. Both parties agree to keep confidential any information obtained during the course of this assignment which is treated and/ or marked by the other party as confidential, and which relates either directly or indirectly to the business of that party. Any Intellectual Property owned by a party prior to the commencement of the Term (‘Pre-Existing Intellectual Property’) shall remain the property of that owner.