These Trading terms apply to Brand Village and the purchase of its Products and or Services.
- Validity of Proposal
- Fees and Payments
- Changes in Project Scope or Service Specification
- Survey & Report Information
- Force Majeure
1. Validity of Proposal
The contents of the proposal, including the particular methodology proposed, and the price, are confidential to Brand Village and shall not be disclosed to third parties. The copyright in the proposal document shall be deemed to be vested in Brand Village.
2. Fees and Payments
- Unless otherwise agreed, invoices will be submitted monthly in advance for work undertaken in that calendar month. These payments will be made monthly.
- Fees quoted are exclusive of any GST which might apply.
- Fees exclude travel or subsistence expenses and the cost of materials and services not provided directly by Brand Village, unless stated otherwise in the proposal, statement of work or professional services agreement. Any agreed expenses necessarily incurred in the execution of the project will be charged at cost.
- Invoice amounts shall be due and payable within 14 days from receipt of a valid tax invoice, being an invoice which complies with the requirements of A New Tax System (Goods and Services Tax) Act.
- If any payment becomes overdue, Brand Village may (without prejudice to its other rights or remedies) suspend work under the contract until payment in full thereof has been made.
3. Changes in Project Scope or Service Specification
- The parties may at any time mutually agree upon and execute new service specifications. Any alterations in the scope of the services to be provided under this proposal shall be set out in writing, which shall reflect the changed services and fees and any other terms agreed between the parties.
- Where Brand Village gives written notice to the client agreeing to perform any alterations on terms different to those already agreed between the parties, and the client confirms in writing that it wishes the alterations to proceed on those terms, Brand Village shall perform the services upon the basis of such amended terms.
4. Survey & Report Information
- Brand Village shall maintain the confidentiality of all your confidential information disclosed to us in the course of providing the services.
- Figures contained in any report will be estimates derived from sample surveys carried out in accordance with accepted market research methods. We shall not be responsible or liable for any loss or damage suffered by you as a result of any error in such predictions or data.
- All rights (including copyright) in and to tabulations, questionnaires and other project documentation including the format of our reports and our trademarks remain the property of Brand Village and may not be published, quoted or reproduced without our prior written permission. The Client acknowledges that any or all of the Intellectual Property rights used in any research project or part thereof remains the property of Brand Village.
- The project fee is determined on the basis of the limitation and exclusions of liability in this proposal. The client agrees that the limitations and exclusions are reasonable.
- Nothing in the Proposal is intended to exclude or limit either party’s liability to the other for liabilities which cannot be limited or excluded by law.
- Brand Village’s total liability for damages under this project whether in contract, tort (including negligence), breach of statutory duty or under any other legal claim shall be limited at our option to any one or more of the following, as may be appropriate:
- Brand Village as supplier of the professional services to provide rectification of the issue;
- Brand Village to refund some or all money paid by the client to Brand Village under this proposal within the 12 months preceding notification of the claim.
6. Force Majeure
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to an unforeseeable and uncontrollable natural event, strikes, lockouts, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.