Limitless Consulting Service Agreement
- Agreement – This agreement is between you and Limitless Consulting Ltd (NZBN7020194) (us, we or our) and relates to the services you’ve requested us to carry out for you through our company known as “Limitless Consulting” (Limitless Consulting).
- Authorisation – The Client authorises Limitless Consulting to perform the services outlined in this Agreement for the Client, which may include, but is not limited to, accessing their hosting account and disk space, creating databases and applications, and submitting the project to search engines.
- Agreement Scope and Period – Services supplied, costs and rates are limited to what is set forth in this agreement for the period specified. Any additional services will require an additional agreement. We reserve the right to adjust our service and rates after the period specified in this Agreement.
- Costs and Fees – Our fees are exclusive of GST. Limitless Consulting reserves the right to adjust rates after the period of this agreement, such as extra work not known or requested prior to the agreement. Our fees do not include outside purchases such as, but not limited to, software licensing, copyright licensing, printing, photography, colour printouts, laminating, illustrations, shipping and handling or courier service. Additional expenses will be itemised on each invoice. Expenses are subject to GST. Outside purchases will be approved by client before purchase.
- Communication – All communication regarding approval, delivery, costs or queries of this service will be via email between both parties.
- Delivery Schedules – Delivery dates will be established and adhered to by both the Client and Limitless Consulting. Where production schedules are not adhered to by the Client, final delivery date or dates will be adjusted accordingly. Additional costs may be incurred due to increases in time to manage or deliver the services. Limitless Consulting reserves the right to adjust project milestones during the project.
- Project Milestones – The project milestones set do not factor in extensions of time resulting from client’s internal decision-making / information gathering processes, delays in the Client providing information to Limitless Consulting, changes requested to the original project proposal, delays due to website host companies and absence of the Client.
- Payment – The Client agrees to pay in advance on a monthly basis for the period agreed. The month commences when the client accepts the contract and a monthly invoice will be generated on the same date each month payable within 7 days from the date of invoice. Regarding credit card payments for incidentals, the client will be notified via email for approval of these expenses. Note, if approval is not given works may be held up as the incidentals being purchased will not be done without emailed client approval.
- Cancellation – In the event of cancellation of the project prior to completion, the Client will be invoiced and must pay Limitless Consulting for work completed, based on the contract price and the expenses already incurred.
- Confidentiality and Privacy – Limitless Consulting will not disclose to any third party or use, other than for the purposes of this agreement, any knowledge or information imparted to or obtained by it during or in connection with the fulfilment of this Agreement, which is of a secret or confidential nature relating to the business, equipment, processes, products, services or business strategies offered or employed by the Client. This obligation of confidence will cease to apply in relation to information that Limitless Consulting is required to disclose by any law, or which becomes part of the public domain other than as the result of a breach by Limitless Consulting of its obligations of confidence under this Agreement.
- Subcontractors – Limitless Consulting reserves the right to assign subcontractors or external suppliers, including outsourced virtual assistance located anywhere in the world. Any subcontractors or external suppliers will be bound to the terms of this Agreement. Limitless Consulting will notify client of subcontractors working on this project and their role.
- Promotion – Limitless Consulting is confident that the Client’s expectations will be exceeded and as such is notifying the Client that Limitless Consulting reserves the right to use the Client’s website, associated graphics and any unused ideas and development in the promotion of Limitless Consulting services. The Client agrees to allow Limitless Consulting to retain a credit and link from the footer of the website.
- Copyright – The Client is responsible for all trademark, service mark, copyright and patent infringement clearances. The Client is also responsible for arranging, prior to publication, any necessary legal clearance of materials Limitless Consulting uses for this project. The Client indemnifies Limitless Consulting against any loss or damage arising directly or indirectly from any unauthorised use of photographs, text, or other Intellectual Property not under copyright ownership of the Client.
- Project Copyright – After acceptance of the website and payment of all sums due by the Client, Limitless Consulting agrees to assign perpetual and unrestricted copyright to use any materials produced by Limitless Consulting in accordance with this Agreement to the Client including exclusive usage rights to unique graphics. Limitless Consulting reserves all rights to licence (open source) and release all software code including website templates developed under this agreement.
- Open Source Software – Limitless Consulting makes extensive use of open source software and components to supply websites and services to the Client. Limitless Consulting will not charge additional licensing fees on open source software. All software and components not developed by Limitless Consulting retain the original licence and terms associated with them. Limitless Consulting cannot assign any rights to the Client and the Client agrees to be bound by the original Author’s terms.
- Terms & Conditions – Limitless Consulting reserves the right to change and update this agreement at any stage. It is the client’s responsibility to check for updates on www.limitlesstechnologies.co.nz/terms-of-service/