Terms and conditions of service
The following terms and conditions apply to all services provided by Ngātahi Communications. We may review and update these terms and conditions from time to time.
Responsibilities
Ngātahi Communications
We are committed to:
Carrying out all work to the highest standards of social and environmental responsibility and ethical conduct, to brief and on time
Working ethically and respectfully with clients and the diverse communities they serve
Being responsive, communicating clearly and considering the views of all parties involved
Being open and transparent about our processes, following best practice, innovating and collaborating for the best outcome for all
Identifying and resolving any problems as soon as possible
Protecting the confidentiality of clients’ proprietary business information
Honouring Te Tiriti o Waitangi - The Treaty of Waitangi - by building effective relationships and supporting the aspirations of whānau/hāpu/iwi
Behaving in a manner consistent with organisational values, legal, statutory and regulatory requirements.
We are also formally committed to the Public Relations Institute of New Zealand Code of Ethics and the BCorp Declaration of Interdependence.
The client
In order to meet the above commitments, we require clients to:
Meet our expectations of and commitment to ethical business, people and community, health and safety, and environment
Deliver all essential information and feedback within an agreed timeframe
Inform us as soon as possible about changes to project commencement dates or timelines
Inform us as soon as possible if there are any changes to the project brief or scope
Make sure all information provided is correct and complete, and that the client has the rights to use any material/imagery provided
Check all work thoroughly to ensure the facts are correct and there are no errors, before signing it off for use. Sign off is your opportunity to ensure all the details are correct and while we do our very best to avoid errors, they can occur and it is the client’s responsibility to ensure that all work is satisfactory before it is finalised.
If the commencement date, timeline, or brief/scope changes, our deadlines and/or costs for services may be re-negotiated.
Service agreements
Project proposals and estimates
Before commencing work, we will provide a project proposal/plan (based on your project brief) and a clear estimate of the investment required (our fees) to deliver the services requested.
We require written acceptance of proposals/estimates before commencing work. Directing Ngātahi Communications to begin work is considered acceptance of the proposal/estimate provided to you and acceptance of all of Ngātahi Communications’ terms and conditions of service.
Expiry of estimates
Unless otherwise stated, all proposals/estimates expire after 30 days. We reserve the right to adjust and re-submit a proposal/estimate if it expires before a response is received. We are happy to extend expiry dates to enable submission of our proposal or estimate to your Board, or to allow time for consultation - please just ask.
Work additional to the agreed scope
Any work required that is outside of or exceeds our original brief/scope will be billed as additional at the hourly rate/s indicated on the proposal/estimate and/or services agreement. Additional work includes additional tasks, extra consultation and communication required to execute a project, extra work required to source information, extra work required to meet any changes in the brief, and additional rounds of revisions.
Where possible, we will notify you when your requests exceed our agreed brief/scope. We are happy to provide estimates for any additional work on request.
Cancellations
Cancellations of planned or in-progress work must be notified in writing to: hannah@ngatahi.co.nz as soon as possible.
Service cancellations
Where a cancellation occurs before Ngātahi Communications starts work, any deposit paid may be refunded at our discretion. No refund will be made where a cancellation occurs within 48 hours of the time set for commencement of services.
If cancellation occurs after we have started preparatory work, we reserve the right to invoice you for work that has already been done where:
the amount of any deposit paid is not enough to compensate us for that work or
a deposit has not been paid.
Ngātahi Communications will provide any completed preparatory work to the client after full and final payment has been made.
Event booking cancellations
Where cancellation is for delivery or facilitation of any event (training, seminars, workshops or similar) a full or partial refund of your deposit may be given at our discretion.
For cancellations received in writing four weeks (28 days or more) prior to the event, a full refund of your deposit, less an administration charge of 10%, may be given.
For cancellations received in writing two weeks (14 days or more) prior to an event, a 50% refund of your deposit may be given.
For cancellations less than two weeks (13 days or less notice) prior to the event, any deposit may not be refunded and Ngātahi Communications reserves the right to invoice for any preparatory work, where the deposit retained is not enough to compensate us for that work.
Events outside our control
If any cause beyond Ngātahi Communications’ reasonable control interferes with our performance of any of our obligations under these terms and conditions then we may suspend our performance of services and cancel any contract with immediate notice to the client. Any deposit paid by the client may be refunded at our discretion in accordance with the above cancellation terms. Causes beyond our reasonable control include but are not limited to: order of a government or other authority, strike, lockout, labour dispute, embargo, accident, emergency, epidemic or other such significant health event, or act of God.
Complaints
Complaints can be made to: hannah@ngatahi.co.nz. We are committed to timely and fair resolution of any complaints.
Billing
Our rates
Our rates vary depending on the size and type of client, and the type of work required. We offer special rates exclusively for not-for-profits and social enterprises at our discretion. Our services are charged at set prices per deliverable/project, or in 15-minute increments at the hourly rate agreed on your proposal/estimate.
Deposits
A deposit is required for all service bookings with Ngātahi Communications. This deposit is outlined on your proposal/estimate and is equal to:
50% of the total fee quoted for one-off projects or event bookings
50% of the first monthly instalment for ongoing projects and retainer agreements.
Deposits are due upon confirmation of our estimate to secure your event booking, or 15 working days prior to commencing any project work/services.
Additional costs
Any additional costs associated with services conducted by Ngātahi Communications, including but not limited to travel and accomodation, are to be met by the client and will be outlined in the proposal/estimate/service agreement provided. Mileage costs will be charged at the current Inland Revenue rate.
Payment terms
Unless otherwise agreed, Ngātahi Communications bills for all project work immediately upon completion or in monthly instalments at the end of each month. Invoices are due for payment 15 days following the invoice date. Specific payment terms are outlined on each project proposal/estimate and/or services agreement. We reserve the right to delay commencement or continuance of work on any project until outstanding invoices have been paid.
We are happy to work with clients to make alternative payment arrangements before commencing work.
Full and immediate payment for all unpaid services will become due upon:
You or any guarantor becoming insolvent or bankrupt; or
The commencement of any act or proceeding in which you or any guarantor’s insolvency is involved; or
You or any guarantor resolving to wind up or being ordered to be wound up, or having a receiver, liquidator of official manager appointed in respect of all or any of your assets; or
You or any guarantor ceasing to trade.
Late payment and debts
If you fail to make payment in full by the due date specified on your invoice, we reserve the right to suspend or cancel our services. We will not supply final work until unpaid bills have been settled.
We will provide you with two payment reminders – one three days after the invoice is due and another 10 days after. If you do not make payment or contact us to make payment arrangements within the timeframe of these reminders, we will put our services on hold and/or cancel any planned future work.
Failure by you to make payment in full of any amount payable to Ngātahi Communications on the due date constitutes a default. Unpaid bills may be referred to a third party for resolution at our discretion. Any external costs and expenses, including legal costs, will be met by the client in debt in addition to the unpaid bill, plus late payment penalties and interest charges. Interest will be charged at a rate equal to the standard commercial overdraft rate applied by Ngātahi Communications’ chosen bank.
Intellectual property, confidentiality and privacy
Ngātahi Communications’ intellectual property rights
Ngātahi Communications retains ownership of the intellectual property rights for all communications and marketing templates, educational documents and advice articles created by Ngātahi Communications.
Clients’ intellectual property rights
Ngātahi Communications assigns the intellectual property rights of all completed client work to the client for their use only, subject to full and final payment being made.
Work carried out by Ngātahi Communications is not to be used by the client for any purpose other than that for which it was commissioned. Client work should not be distributed to third parties for their use without permission from Ngātahi Communications.
If any documentation or client work created by Ngātahi Communications is used without an estimate/permission being confirmed in writing, the client or third party is liable for payment in full. Use of any documentation or client work created by Ngātahi Communications is deemed acceptance of these terms and conditions, regardless of if an estimate/project plan or permission has been confirmed.
Confidentiality
We agree to protect the confidentiality of your proprietary business information. Ngātahi Communications treats all information and the business activities of clients, staff or contractors, and suppliers as confidential and has practices and controls in place to ensure that the personal information of its clients, suppliers, and staff or contractors is respected and not used or shared inappropriately.
Unless strict confidentiality is requested, we have full rights to disclose our working relationship with you as part of promoting Ngātahi Communications. We will always check with you before publicising our work together through any channel.
Privacy policy
Any personal, business or contact information collected by us in connection with this agreement will only be used or disclosed for the purposes of ensuring performance of services. This may include disclosure within our team and to other parties involved in performing the services. Information is stored in a secure online customer database and secure online filing system. We comply with The Privacy Act 2020.
Electronic communications
As part of our service agreement, you consent to receive commercial electronic messages from Ngātahi Communications. If you wish to opt out of receiving these messages, please notify us in writing and we will remove you from our mailing list.
Website data collection
Our website provider Squarespace uses analytics and performance cookies to collect general information about how visitors interact with our site.
Terms of this agreement
This agreement shall remain in force until the completion of the project or client-service provider relationship. Ngātahi Communications reserves the right to terminate services with immediate notice if any of the above conditions are not met.
Waiver
We will not be deemed to have waived any condition of this agreement unless this waiver is in writing.
Definitions
The terms ‘service’ and ‘services’ cover all goods and services that we provide and projects undertaken. We have used ‘we’, ‘us’ or ‘service provider‘ for Ngātahi Communications and ‘client’ or ‘you’ for the client, organisation, or representative.
Further information
If you have any questions about how we work, please contact us.