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Terms of Trade
Introduction
1. These terms will apply to all services that we provide to you at any time and will prevail over any inconsistencies introduced by other documents, unless specifically agreed otherwise in writing and signed by us.
2. These terms may be changed by us from time to time at any time by notice in writing including by posting on our website and any such changes shall be deemed binding on you.
3. Our interpretation will prevail in circumstances in which there is any uncertainty as to the meaning of these terms.
4. "Our website" means http://www.wordsforbreakfast.co.nz/.
5. "We", "our" and "us" means Words for Breakfast Limited, and/or its officers, employees, sub-contractors, agents and/or representatives as the context requires or permits.
6. "You" means our Customer.
Our Service
7. Fast Text service: we will edit, change and/or reformat original writing you submit to our website in accordance with the procedure described on our website ("your submission") into a more professional style of writing within three working days for texts under 800 words and an additional day for every 400 words over and above. We'll re-submit the edited wording to you for your acceptance or otherwise in accordance with the procedure described on our website ("our submission").
8. Fresh Copy service: we will write wholly original text according to a brief agreed upon by both parties in accordance with the procedure described on our website. We will supply a quote for the cost of our services and timeframe to you based on the agreed brief which must be agreed upon before we commence our work. We'll re-submit the word to you for your acceptance, and allow for up to three sets of amendments to the text from you in accordance with the procedure described on our website ("our submission").
9. Our service will be completed in a manner that ensures the confidentiality of your writing in accordance with these terms.
Charges and payment
10. The charge for our Fast Text service is $60.00 GST inclusive per section of text up to and including 200 words.
11. The charge for our Fresh Copy service is $180.00 GST inclusive per hour, from which an estimate and quote will be stipulated.
12. Payments for Fast Text service will be invoiced on your acceptance of our submission, or after 24 hours of our submission if you do not indicate your acceptance or otherwise of our submission within that time. Your payment is expected within 7 days of this invoice.
13. Credit card may become accepted for payment of Fast Text service at a later date. Upon this eventuality we may deduct payment from your credit card on your acceptance of our submission, or after 24 hours of our submission if you do not indicate your acceptance or otherwise of our submission within that time.
14. Payments for Fresh Copy service will be invoiced on your acceptance of our submission. Your payment is expected within 7 days from the date of this invoice.
15. Credit card may become accepted for payment of Fresh Copy service at a later date. Upon this eventuality we may deduct payment from your credit card on your acceptance of our submission. Payment is expected within 7 days of your acceptance of our submission and we may deduct payment from your credit card accordingly.
Your responsibilities
16. Your responsibilities are to:
(a) Present your original writing to us via the means described on our website if you wish to use our Fast Text service.
(b) Agree with us on a brief, cost and timeframe via the means described on our website if you wish to use our Fast Text service.
(c) Ensure writing you present to us for our service does not infringe the intellectual property rights of any third party.
(d) Decide whether to accept the edited wording we present back to you in accordance with the procedure described on our website within 24 hours of the presentation of that edited document.
(e) Make payment within 7 days of an invoice from us.
(f) Accept payment for our services against your credit card.
Variations
17. If you do not accept our submission, and require that changes be made, one round of amends be made at no cost. Any further amends will be done at a cost of $60.00 GST inclusive per section of text up to and including 200 words.
Warranties
18. We provide no warranties as to any particular standards due to the subjective nature of language and of our service except we warrant will improve the edit of your wording according to commonly accepted standards. We make no warranty that any writing we provide will be completely free of any defect or error.
19. We can not guarantee there will be no interference with the hosting services of our website and you must assume all risks to your equipment involved in communicating and conducting business with us via electronic media (i.e., via our website, email, etc).
20. You warrant that this service will be used for business purposes only (?). On that basis, we contract out of the standards of the Consumer Guarantees Act.
Intellectual Property
21. Intellectual property rights are particularly important to us due to the nature of our business. It is therefore very important to us you understand you may not submit any writing to us that infringes the intellectual property rights of any other person ("person" includes any company or other unincorporated organisation of people in this document). Nor may you instruct or allow us to act in any other way that would cause us to infringe the intellectual property rights of any other person.
22. You fully indemnify us for all costs (including on a solicitor and client basis), losses, liabilities, penalties or fines that accrue or may accrue to us as a result of any breach of any third person's intellectual property rights or defamation action we become involved in occasioned by your submission or instructions.
Confidential Information
23. We will treat any writing you submit to us as confidential information, except that we may exchange that writing with our subcontractors for the purposes of our business (i.e., completing your work for you in the manner described).
Liability
24. We will not be liable to you or any third party for any liabilities whatsoever or howsoever caused (including in contract, tort - including negligence - breach of statutory duty or otherwise), including loss or damage to information or data from any cause, breach of security, loss of profit or incidental, indirect, special or consequential loss or damage.
25. We will not be responsible for any failure to perform or delay in performance by us where the circumstance of that failure or delay was beyond our reasonable control.
Suspension/ termination
26. We may stop work without notice or liability to you if we suspect there will be any problem with payment for our services or we suspect in or own discretion your submission or any aspect of it may breach the intellectual property rights of any third party.
27. We may decline to accept or continue any work for any reason whatsoever in our own discretion including without limitation unsavoury or unreasonable material or requests.
Marketing
28. We may contact you electronically so our communications to you shall not breach the Unsolicited Electronic Messages Act.
Your information
29. We may in the course of our business collect information about you. We will give you access to this information and correct any of that information on your request.
30. We may use the information we hold about you in the course of our business including for marketing and we may exchange that information with our sub-contractors and with credit reporting and debt collection agencies.
Miscellaneous
31. We reserve the right to change our service at any time without notice and without liability to you.
32. If any dispute arises between us you will try and negotiate in good faith with us for a period of at least 14 days after the dispute arises before any other action is taken.
33. The legal validity or enforceability of the reminder of this document will not be affected by any finding of any Court that one or several of terms are invalid or unenforceable.
34. You warrant you have the authority to enter into this agreement and make your submission on behalf of any party you purport to represent.
35. The waiver by us of any term or obligation or failure by us to enforce any such thing shall not prejudice our right to enforce any term at a later date.
36. This agreement is the entire agreement between us and supersedes all other understandings, representations, agreements and arrangements unless otherwise agreed in writing and signed by us.
37. We may send notices or other documentation to you by posting on our website, or to the last known address, fax number or email address.
38. You may not assign any rights or obligations under this agreement without our prior written consent. We may assign any rights under this agreement without obtaining your prior approval.
39. We may sub-contract any of our obligations under this agreement, but without releasing us from any liability to you.
40. The laws of New Zealand shall govern and the Courts of New Zealand shall have exclusive jurisdiction over the terms of this document.
