Terms of Engagement
1. Purpose
1.1 This document:
– sets out the standard terms on which we do work for our clients;
– explains what you can expect from us and what you agree to when you engage our services;
– applies to any current work and to any future work we do for you.
1.2 You do not need to sign any formal documentation to indicate your acceptance of these terms.
1.3 Occasionally we may change these terms and if we do we will send you the updated terms.
2. Our Proposal Letter
2.1 Every time you engage our services (including but not limited to coaching sessions, workshops, presentations or seminars) we will give you a ‘proposal letter’. The letter will outline:
– the nature of the work we are to undertake for you;
– the fees payable for the work;
– the timeframe for completion of the work.
2.2 A signed copy of the proposal letter must be returned to us before we commence work for you.
3. Service & Conduct
When we do work for you, we will carry out that work in a professional manner and in accordance with appropriate standards.
4. Fees and Expenses
4.1 The fees payable by you are set out in the proposal letter.
4.2 Unless we state otherwise in our proposal letter, our fees do not include GST or general expenses and disbursements which are payable by you.
4.3 When we do work for you we may have to cover some expenses (such as printing and photocopying costs, travel costs and accommodation costs for out of town engagements). These will be included separately in our invoice to you.
4.4 For coaching engagements, we issue invoices monthly. For workshops, presentations or seminars, we issue invoices on completion of the work.
4.5 Our invoices are payable within 7 days of the date of invoice.
4.6 If you have any questions about an invoice, please contact us straight away.
4.7 We may charge interest on unpaid invoices at the rate of 4% per annum above the ANZ base lending rate calculated on a daily basis and charged monthly. We may take action to recover unpaid invoices and charge you the cost of that recovery.
5. Cancellation and Postponement
5.1 We understand that plans change, however we reserve the right to charge for events (including but not limited to coaching sessions, workshops, presentations or seminars) cancelled by you. Various matters will be taken into account when calculating the cancellation fee such as work already completed and how close the cancellation is to the event date. By way of a guideline the following table sets out our standard cancellation fees (percentages refer to the percent of fees for the relevant event):
| No. of working days before event due to start |
||||
| Event | 15 or less | 10 or less | 5 or less | 1 or less |
| Coaching session (local) | – | – | – | 100% |
| Coaching session (out of town) | – | – | 50% | 100% |
| ½ or one day event | 25% | 50% | 100% | 100% |
| Two or more day event | 40% | 80% | 100% | 100% |
5.2 In addition, you will be liable for the full cost of any expenses incurred by us for cancellation of travel and accommodation costs.
5.3 Where an event is postponed, you will be liable for the full cost of any expenses incurred by us for cancellation of travel and accommodation costs. If the event is not rebooked within three months from the date of postponement we will charge you for the work completed prior to postponement.
6. Intellectual Property
Unless we agree otherwise, we retain ownership of all documents and other intellectual property created by us.
7. Confidentiality
We regard client confidentiality as of paramount importance. We will not disclose any confidential information obtained from you to any other person, and will not disclose to you any confidential information received from another client or prospective client.
8. Law and Jurisdiction
Our relationship is governed by New Zealand law and is subject to the exclusive jurisdiction of the New Zealand courts.