Standard Terms and Conditions
LINKED FORENSIC CONSULTANTS LTD is a company incorporated in New Zealand (Company Number 2442468) having its registered office at 61 Ruapehu Street, Paraparaumu 5032, Wellington, New Zealand; and its postal address of PO Box 2193, Raumati Beach 5255, Wellington, New Zealand to which all correspondence should be addressed.
PERFORMANCE OF THE SERVICES
1. Linked Forensic Consultants Ltd shall perform the Services which includes the provision of Deliverables.
2. Any projected total cost or timetable relating to the Services shall be deemed to be estimates only and thus, unless otherwise agreed in writing, Linked Forensic Consultants Ltd gives no guarantee to complete the Services for a fixed price or according to a fixed timetable.
PRICE AND PAYMENT
3. Unless otherwise agreed in writing, Linked Forensic Consultants Ltd shall charge for the Services on a Time and Materials (T&M) basis at the Fee Rates.
4. Unless otherwise stated and agreed in writing, the Fee Rates specified do not include expenses incurred in travel, hotel or subsistence expenses or the cost of materials and external services incurred in providing the Services. Linked Forensic Consultants Ltd shall charge the Client for these items at cost including GST where levied.
5. The Fee Rates are exclusive of GST, which shall be payable as an additional sum hereunder. For overseas clients GST is charged at 0%.
6. Linked Forensic Consultants Ltd shall submit invoices to the Client on completion of the Service. Unless otherwise agreed in writing, payment of each invoice shall be made within thirty (30) days of the date of issue. Payment shall be deemed to have been made when the amount stated on the invoice has been received in the given account. Linked Forensic Consultants Ltd reserves the right to charge interest on any overdue sum at the consumer overdraft base rate of the ANZ Bank New Zealand from time to time from the date of the invoice until payment is made. Such interest will accrue on a daily basis (as well after as before any judgement) and shall be payable by the Client on demand. In the event of late payment Linked Forensic Consultants Ltd reserves the right to pass on the cost of debt collection to the Client and shall be payable by the Client on demand.
7. In the event that the Client disputes all or part of any invoice issued by Linked Forensic Consultants Ltd, the Client shall notify Linked Forensic Consultants Ltd within fifteen (15) days of receipt of such invoice and the parties shall seek to resolve the dispute. If the Client only disputes part of any invoice, the Client shall pay the part of the invoice which is not in dispute in the normal course.
8. To the extent the Client or its related third parties prevent, hinder or delay Linked Forensic Consultants Ltd in its performance of any of its obligations:
i. Linked Forensic Consultants Ltd shall not be liable in respect of any resulting failure to perform or delay in performance;
ii. any time for performance of any such obligations shall be extended by the period of such prevention, hindrance or delay;
iii. the Client shall pay to Linked Forensic Consultants Ltd all additional reasonable costs and expenses incurred by Linked Forensic Consultants Ltd as a result of such prevention, hindrance or delay.
9. Each party warrants that it has the necessary rights and authorisations to enter into an Agreement.
10. Linked Forensic Consultants Ltd warrants that it will perform the Services using all reasonable skill and care.
11. Either party may request a Change which shall be considered by the other party.
12. No variation of an Agreement shall take effect unless made in writing, expressed to amend the Agreement and signed by authorised representatives of each party.
13. Each party shall hold in confidence, use only for the purposes hereof and not disclose to any third party Confidential or Legally Privileged Information of the other party.
14. Unless otherwise agreed in writing, all information provided by the Client to Linked Forensic Consultants Ltd and to the Client by the Company shall be deemed, and treated as, Confidential and/or Legally Privileged.
15. Linked Forensic Consultants Ltd and the Client shall enter into such other reasonable confidentiality agreements and undertakings required from time to time for the fulfilment of the Services.
16. Except where that information is already in the public domain, Linked Forensic Consultants Ltd shall not disclose or otherwise publicise work undertaken for the Client, nor shall it use the name of the Client in its client list without the Client�s prior written consent.
17. The obligations under these Confidentiality Clauses shall continue for a period of ten (10) years after the completion of the Services including any agreed Changes, or termination of an Agreement, whichever is earlier
INTELLECTUAL PROPERTY RIGHTS
18. Subject to payment of the Charges, Linked Forensic Consultants Ltd hereby grants the Client the non-exclusive right to use the Deliverables within its own organisation as it sees fit. To the extent that the Deliverables or any document, material, idea, data or other information constitutes an original item produced in performing the Services, title thereto and all Intellectual Property Rights therein shall be vested in Linked Forensic Consultants Ltd, subject to the confidentiality restrictions in the Confidentiality clauses.
19. Any formal notice given under an Agreement by either party to the other shall be in writing and delivered to the postal address shown at the beginning of this document (or to any other address that has been notified by a party) personal delivery, courier, First Class Post or electronic communication and will be deemed to have been given in the case of:
i) personal delivery or courier, when delivered;
ii) First Class Post (Fast Post), 3 working days from the date of posting if from and to an address
in New Zealand and 5 days from the date of posting if from or to an address elsewhere;
iii) acknowledged receipt of an electronic communication.
20. Neither party shall be liable to the other in respect of anything which, apart from this provision, may constitute breach of an Agreement to the extent such failure arose by reason of any event beyond its reasonable control each party shall be released from its obligations (other than an obligation to pay money) to the extent that performance thereof is delayed, hindered or prevented by such event. The party which suffers such an event shall promptly notify the other party of it having arisen. If a party is prevented by the event from performing its obligations under an Agreement for more than thirty (30) days, either party shall be entitled to terminate this Agreement forthwith upon written notice. In the event of termination for this reason, the Client shall pay Linked Forensic Consultants Ltd a reasonable sum for the Services which shall include the amount due for the Services provided up to the date of such termination and all costs and expenses relating to materials or services obtained or ordered in connection with providing the Services which cannot reasonably be defrayed elsewhere.
21. With the prior written consent of the Client (such consent not to be unreasonably withheld or delayed) Linked Forensic Consultants Ltd may perform any or all of its obligations under an Agreement through agents or sub-contractors, provided that Linked Forensic Consultants Ltd shall remain liable for such performance.
22. No forbearance, delay or failure by either party in enforcing its rights shall prejudice or restrict the rights of that party, and no waiver of any such rights or of any breach of any contractual terms shall be deemed to be a waiver of any other right or of any later breach.
23. The Services are being provided by Linked Forensic Consultants Ltd upon the basis of applicable laws and regulations existing and applied at the date of an Agreement. To the extent that changes to the Services are required as a result of changes to such laws or regulations, such changes shall be dealt with in accordance with the Change Control clauses. .
LAW AND DISPUTES
24. Any dispute in relation to an Agreement shall be referred to a member of each of the parties (each of whom shall have authority to settle the dispute) as soon as reasonably practicable, and in any event within twenty one (21) days of referral, for resolution.
25. If the dispute is not resolved by escalation in accordance with the above, the parties may seek to resolve disputes between them by an Alternative Dispute Resolution (ADR) technique. If the matter has not been resolved by an ADR procedure within thirty (30) days of the initiation of that procedure, or if either party does not wish to participate in an ADR procedure, the dispute may be referred by either party to the New Zealand courts and the parties submit to their jurisdiction for that purpose.
26. Any Agreement is governed by New Zealand Law .
The daily/hourly fee rate (excluding GST) for each Consultant on a T&M basis is based on complexity and value of the Services provided.
|Travel Expenses||In the event that the Services require the Consultancy to travel, the Client shall reimburse the Consultancy against invoice for all reasonable expenses of and in connection with such travel, on the following basis: