Terms and Conditions

Payment terms

We work hard to meet your deadlines so we ask you to please respect ours. As we’re sure you’ll want to stay friends, you agree to stick to the payment schedule outlined in any proposals we send or written agreements that we reach (without any deductions, set off or counterclaim).

• All prices are GST exclusive.
• For project work with a formal proposal, a deposit is required before 
commencement:
  Creative: 50%
  Technical: 30%
• Any deposits paid on a contract are non refundable.
• We reserve the right to change our rates.
• Payment terms are strictly 14 days from the invoice date unless agreed before work commences.
• A late payment fee of 7.5% of the invoiced amount will apply to overdue 
accounts older than 30 days.
• Debt collection proceedings will be initiated if no agreement can be reached 
about invoices that are 60 days overdue.
• Any costs incurred by us for late payments, including, but not limited to 
debt collection and or court costs, to recover overdue accounts will be paid 
by you (The Client).
• Any and all court action will take place in Nelson, New Zealand.

Copyright

You guarantee to us that any elements of text, graphics, photos, designs, trademarks, proprietary process details, or other artwork that you (or third parties at your request) provide us to assist in the creation of, or to accompany, copy (digital or print) are either owned by you, or that you have permission to use them. You will comply with any applicable copyright laws in New Zealand (or the country you are based in).

Copyright ownership of all original written material remains the property of Bold Communications Limited until full payment of outstanding invoices is received, at which point it becomes the property of you (The Client), unless specifically agreed in writing.

Liability

It is your responsibility, as the client and/or owner of your business to ensure that any and all digital and print content (such as, but not limited to, words, images, products, video, downloads) complies with all relevant legislation, advertising standards and privacy rules within New Zealand and the countries that you operate in.

Compliance with legislation is entirely your responsibility as the client and/or business owner. While we may in good faith help you implement changes to ensure compliance, we cannot be held responsible or liable for past, present or future compliance with the applicable laws.

Any advice we may give verbally or in writing should not be treated as professional legal advice. We are not professionally qualified in this area and you should seek independent professional legal advice on any compliance and liability issues.

Legal

We can’t guarantee that our work will be completely error-free and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.

If any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.

Contract or service termination

Either party may terminate the contract under the following circumstances:

• Immediately if the other party becomes insolvent, or appoints a receiver or 
manager of their assets
• Immediately if ownership or effective control of the other party is 
transferred, where such transfer adversely affects the other party’s ability to 
perform its obligations under this agreement
• Immediately if either party commits a material breach of the obligations 
under this agreement and fails to remedy that breach within 21 working 
days of being notified of that breach.
• In any of the other specific circumstances as noted in this proposal. In the event of early contract termination by you, the client, all work done by us up to the point of termination is immediately payable. If no milestone amount is applicable, or it is a milestone or project with an estimated price, work billable will be calculated at our standard rates. As per our payment terms above, deposits or any payments for any services in advance are non-refundable.

Force Majeure

We agree to suspend our services under any agreements if we are unable to do so as a result of an act of God or similar circumstances, such as a Force Majeure event. The suspension of service will remain in place until services can be resumed.

Definitions

Agreement

This agreement including the schedules and amendments to those schedules.

Authorised person

The name and position of staff, sub contractors or agents who are authorised to request service under this Agreement.

We/us (The Contractor)

Niki Morrell and/or Ewan Morrell or other appointed representative of Bold Communications Limited.

You (The Client)

The customer purchasing services under this agreement.

Business day

All other days than Saturday, Sunday and NZ Public Holidays.

Business hours

The hours between 8:30am and 5:00pm on a business day in New Zealand.

Additional charges

The hourly rate at which the customer is charged for additional services not included in this agreement.

Force Majeure event

Circumstances including, but not limited to, interruptions to business such as electrical power outages, interruption to internet connection, wind, flood, earthquake, war, riot, pestilence, industrial action or defaults of manufacturers, suppliers, governments or transport restrictions.

Service

This is what the supplier contracts to do for the client in terms of the outcome, the service requirement, availability and when it is carried out.