TenTen Limited Terms of Engagement

On engaging Ten Ten Limited services, the Client agrees to our Terms and Conditions.

Please note:

Lead-time/turnaround is discussed up front and generally based on 3-4 days depending the type of tasks.
We can also have urgent and priority work carried out in short notice, however this may incur an additional fee.

Engagement:

If you are hiring Ten Ten Limited to work for you on behalf of any organisation, company or group of individuals other than yourself alone, you confirm that you are authorised to hire Ten Ten Limited on their behalf.

Services:

The services to be provided by Ten Ten Limited will be agreed prior to the commencement of any work and any changes to those services will be agreed by both parties prior to those services being undertaken and may incurr additonal costs.  All time spent on your business and work are billable hours, this can include meetings, telephone calls, emails as well as other related work carried out.

Fees:

Fees for service will be agreed upon prior to the commencement of any work. Fees are usually based on an hourly rate, however, a project by project basis can be discussed. All fees quoted are in New Zealand Dollars and exclusive of current GST rate, unless otherwise stated.

Additional expenses (disbursements) incurred will be charged to the client.

Payment terms:

Unless otherwise agreed, we will invoice you on a weekly basis and invoices are payable in full within 7 working days of invoice date.

We may require interest to be paid on any amount which is more than 7 days overdue. Interest will be calculated at the rate 5% above our main bank’s 90-day bank bill buy rate as at the close of business on the date payment became due.

We may stop performing work, work may not be released or work may be removed from the public domain until full payment has been received.

Work carried out for website development and graphic design is based on payment of 50% upfront and remainder 50% due on completion of work or by agreed schedule of payments.

Fee reviews are to be expected annually.

Our commitment:

Ten Ten Limited pledges to conduct business professionally, with integrity, truth, accuracy, fairness and responsibly.

Your satisfaction:

At Ten Ten Limited we want you to be totally happy with the work we do for you. Our clients are important to us, so if you see something you are not happy with, for any reason, please discuss it with us as soon as possible and we will do our utmost to resolve your concerns.

Errors and literals:

At Ten Ten Limited, we do our utmost to ensure that all materials supplied to you are free of literal and spelling errors. However, you agree that you are responsible for final proofreading and indemnify Ten Ten Limited against any costs arising from the appearance of such errors in any printed or published form.

Whilst Ten Ten Limited makes every attempt to ensure that work complies with the law, it is your responsibility to review all work carried out.

Digital services and communications:

Ten Ten Limited will not be liable for any loss or damage suffered or incurred by the client as a result of third party digital communications or software/applications. Any material downloaded is done at your own risk and you are solely responsible for any damage to your computer or device.

We have your permission to communicate with you in a suitable format, but not limited to telephone, text message, email, post, website, internet services and social / digital media until such time that you request to restrict or revoke this authority.

Confidentiality:

All trade and professional secrets, intellectual property or other factual information supplied by either party to the other shall remain the property of the disclosing party and each agrees not to disclose that information to any third party unless consent has been obtained.

Each party agrees to keep the other party’s information secure and to return such information upon completion of the engagement (if so requested). These confidentiality obligations shall continue after our engagement has ended.

Post Engagement:

Once Ten Ten Limited’s engagement with the client has ended, Ten Ten Limited is free to provide services to any other persons or entities however Ten Ten Limited agrees to abide by the confidentiality and intellectual property provisions set out above.

General:

Both parties agree to treat the terms of engagement as confidential and agree not to disclose such terms to any person except with the prior consent of the other. The relationship between Ten Ten Limited and the client is a contractual relationship only and not a partnership, accordingly each is liable for their own taxes and levies.

We have a team of collaborators and we may, from time to time, subcontract the performance of any of our responsibilities under this contract to another party. Any subcontractors will have an agreement in place with Ten Ten Limited and be expected to deliver the high level of quality service you deserve.

 

Definitions

Definitions: In these terms, unless the context otherwise requires:

“Appointer” means Ten Ten Limited.
“Client” means the client of the Appointer.
“Collaborator/Associate” means sub-contractor to Ten Ten Limited.
“Confidential Information” includes all information of any kind or form provided by or on behalf of the Appointer in connection with the Services, or concerning the Appointer or any related company (as defined in the Companies Act 1993) of it, but does not include information which:
a. was, at the time the information was provided, available to the general public;
b. becomes, at a later date, available to the general public (other than as a result of a breach of this Agreement) and then only after the later date;
the Contractor/Client can show
(i) was in its possession before the information was provided by or on behalf of the Appointer or
(ii) was developed independently without reference to the information provided by or on behalf of the Appointer; or
d. was disclosed on a non-confidential basis by a third party who has the lawful right to disclose the information.
“GST” means goods and services tax chargeable under the Goods and Services Tax Act 1985.
“Intellectual Property Rights” includes copyright, all rights conferred under statute, common law or equity in relation to inventions (including patents), registered and unregistered trade marks (including names, labels, get-up, colour schemes, logos, patterns or other identifying marks), registered and unregistered designs, circuit layouts, proprietary and other software, Confidential Information, trade secrets, and all other rights resulting from intellectual activity in any field, together with all right, interest, or licence in or to any of the foregoing.
“Policies” means the Appointer’s policies, business rules and procedures and any related terms and conditions as amended from time to time.
“Services” means the services specified by the Appointer in writing.