Terms

The following constitutes an agreement (the “Agreement”) between you as the (“User”/”Client”) and The Advisory Co., (“we”, “us”) and contain the terms and conditions that apply to your access and use to the Services provided by Us.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By contracting The Advisory Co. for work, you agree that you have read the terms and conditions.

GENERAL

Please read the below terms carefully. By engaging The Advisory Co., you agree to the Terms and Conditions. The Terms and Conditions will be valid and binding as of the date of signing or verbalising a project.

The below conditions will apply to all individuals, businesses or companies (“Client”) who engages the services of The Advisory Co., its contractors or sub contractors unless otherwise agreed in writing by both parties. 

PAYMENT

Payment of services and/or products will be in New Zealand Dollars (NZD) via Paypal or Internet Bank Transfer. A deposit will be required prior to any work beginning. All other invoices are payable within seven (7) days of receipt. An additional fee, of 5% (of the total project fee), is payable on all overdue balances after five (5) days following the due date. An additional fee, of 10% (of the total project fee), is payable on all overdue balances after thirty (30) days following the due date.

PROPOSAL

Quotations for Services with The Advisory Co. are created on the brief provided by the Client and expected time investment by The Advisory Co., and may change if additional work is required. Quotes provided are valid for thirty (30) business days, whereby following the expiry such date, The Advisory Co. reserves the right to amend prices. No quoted service delivery dates are guaranteed, and can vary.                                                                                   

BOOKING

All services with The Advisory Co. are only confirmed when the Client pays a 50% non-refundable deposit. This is non-refundable for it is used to confirm a spot in The Advisory Co. schedule. Once the deposit is received, an email will be sent to the Client to confirm and make arrangements for the commencement of the project. The final 50% will be payable upon project completion, or on the scheduled date of completion as agreed between The Advisory Co. and the Client (whichever date happens first) to ensure our project aligns with the timeline. 

COMMENCEMENT AND TERMINATION

This agreement shall begin when the client accepts a quote, signs this agreement and pays the corresponding deposit invoice for a The Advisory Co. service and shall continue until all services are complete and delivered, or until the agreement is terminated. Either party may terminate this agreement at any time, on written notice to the other party, if the other party ceases to conduct business in its normal course; makes an assignment for the benefit of creditors; is liquidated or otherwise dissolved; becomes insolvent; files a petition in bankruptcy; or a receiver, trustee, or custodian is appointed for it. In the event of termination, client shall pay The Advisory Co. for all services performed through the date of termination in the amount of a prorated portion of the fees due.

DELAYS

Client shall use all reasonable efforts to provide required information, materials and approvals. Any delay by client will result in a day-for-day extension of the due date for all deliverables. Any delay caused to conditions beyond the reasonable control of the parties shall not be considered a breach and will result in a day-for-day extension any performance due. Each party shall use reasonable efforts to notify the other party, in writing, of a delay. Conditions beyond the reasonable control of the parties include, but are not limited to, natural disasters, acts of government after the date of agreement, power failure, fire, flood, acts of god, labour disputes, riots, acts of war, terrorism and epidemics.                   

TECHNOLOGICAL ADVANCEMENTS

The Client is to refer to hosting and domain name providers for queries regarding the following services: Domain names, Hosting and registration, SSL certificates, Email addresses and Email hosting. The Client is to refer to their technical support company for queries regarding the following services and their applicable Terms & Conditions:Emails going to Spam/Junk, Email not functioning and Email Signatures. The Advisory Co. holds no responsibility if: (a) your email addresses are targeted with spam as it is outside of our control or (b) the Client’s email account details are obtained and used to send spam or malicious material. The Advisory Co. build and design websites to the best of their knowledge at the time of completion. We shall not take responsibility if the Client’s site is “hacked” or maliciously attacked in form. The Advisory Co. will not be held responsible and is not liable for any loss of income to arise from the Client’s web site “going down”, being hacked or otherwise. 

DESIGN

The Client agrees to allow: (a) The Advisory Co. to add a small credit on the Client’s website. This will be in the form of a small line of text, and will be placed towards the bottom of the web page; (b) The Advisory Co. to place its designs and work, along with a hyperlink to the Client’s site on The Advisory Co’s own website for self-promotional services, unless agreed to the contrary in writing by both parties. The Client understand that The Advisory Co. does not take any responsibility for Trademarking of any kind and that it is the Client’s responsibility to check trade-marking laws and existing Trademarks for availability. 

Website Designs, The Advisory Co. will provide the Client with three (3) rounds of minor refinements with no extra cost within seven (7) days of submission to the Client for review. (“Review Period”). Minor refinements include colour changes, font changes, switching out images, change of images. Minor refinements do not include adding extra pages, custom CSS, third party plugin integration, extra content uploads that were not originally covered under the original project brief. Request for minor changes are to be made via e-mail. The Advisory Co. will presume that the Client has accepted the original draft with no changes, if no emails requesting changes were made within seven (7) days of the commencement of the review period. 

CHANGES TO PROJECT SCOPE

If client wants to change the scope of work after acceptance of this agreement, client shall send a written change order (detailed, in one email) describing the requested changes in detail. Within ten (10) days of receiving a change order, The Advisory Co. will respond with a statement proposing availability, additional fees, changes to delivery dates, and any modification to the terms and conditions. The Advisory Co. will evaluate each change order at its standard rate and charges. Client will be billed on a time and materials at The Advisory Co. hourly rate of $50 per hour. Such charges shall be in addition to all other amount payable under this agreement, despite any maximum budget, contract price or final price identified. The Advisory Co. may extend or modify any delivery schedule or deadlines in the agreement as may be required by such changes. Client will have ten (10) days to respond in writing accepting or rejecting the new proposal. If client rejects the proposal, The Advisory Co. will not be obligated to perform any services beyond those in the original agreement. The Advisory Co. reserves the right to extend or modify any delivery schedule or deadlines in the agreement as may be required by such changes. 

EVALUATION AND ACCEPTANCE

Client shall, within ten (10) business days after receiving each deliverable, notify The Advisory Co. in writing of any failure to comply with the specification of the project proposal or of any other objections, corrections or changes required. The Advisory Co. shall, within ten (10) business days of receiving client's notification, correct and submit a revised deliverable to client. Client shall, within fifteen (15) business days of receiving a revised deliverable, either approve the corrected version or make further changes. If after three (3) refinements or corrections by us, you as the client finds the deliverables not unsatisfactory between both parties, the client may terminate this agreement subject to the termination clauses of this agreement. If client fails to provide approval or comments during any approval period, those deliverables will be considered approved and accepted. 

CONFIDENTIAL INFORMATION

All material considered confidential by either party shall be designated as confidential. 

RELATIONSHIP OF THE PARTIES

No agency, partnership, joint venture, or employee-employer relationship is intended or created by this agreement. Neither party is authorised to act as agent or bind the other party except as expressly stated in this agreement. The Advisory Co. and the work product or deliverables prepared by us shall not be deemed a work for hire as defined under copyright law. All rights granted to client are contractual in nature and are expressly defined by this agreement.

NO WARRANTY

The Advisory Co. services are provided on an “as is” basis, and without any warranty or condition, express or implied. 

INDEMNIFICATION AND LIABILITY

Client shall indemnify The Advisory Co. from any and all damages, liabilities, costs, losses, expenses or fees arising out of any claim, demand, or action by a third party due to materials included in deliverables at the request of the client. The services and the work product of The Advisory Co. are sold “as is.”

SUPPORT SERVICES

Once website is launched any other revisions are supported at The Advisory Co. hourly rate. The Advisory Co. does not host/maintain/or support the website unless agreed prior.

ALTERATIONS

Alteration of any deliverable is prohibited without the express permission of The Advisory Co. The Advisory Co. will be given the first opportunity to make the required alterations.

LIMITATION OF LIABILITY

In no event shall The Advisory Co., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

DISCLAIMER

Your use of the The Advisory Co. is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

The Advisory Co., its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

CHANGES

The Advisory Co. reserves the right to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at The Advisory Co’s sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

CONTACT

If you have any questions about these Terms, please contact jessica@theadvisoryco.co.nz

Last updated: May 2019