KiwiPBC Terms and Conditions

Terms and Conditions

Welcome to KiwiPBC. By accessing our website and using our services, you agree to comply with and be bound by the following terms and conditions. Please read these terms carefully before using our services. If you do not agree with any part of these terms, you must not use our services.

1. Introduction

These Terms and Conditions (“Terms”) govern your use of the KiwiPBC website and our services. KiwiPBC operates as an independent contractor, providing agency-level services to our clients. Each project we undertake may have its own specific terms and conditions, which will be outlined in the respective project agreement.

2. Services

Keywords: services, scope of work, project agreement

KiwiPBC offers a range of services including but not limited to software development, UI/UX design, branding, and business strategy consultation. The scope of work for each project will be detailed in a separate project agreement. By engaging our services, you agree to the terms outlined in both these general terms and the specific project agreement.

3. Independent Contractor Status

Keywords: independent contractor, agency-level services, relationship

KiwiPBC operates as an independent contractor and not as an employee, partner, or agent of any client. We provide agency-level services and maintain control over the methods and means of performing our work. Nothing in these Terms or any project agreement shall be construed to create a joint venture, partnership, or employment relationship.

4. Project Agreements

Keywords: project-specific terms, deliverables, timelines

Each project undertaken by KiwiPBC will be governed by a separate project agreement. This agreement will detail the specific terms, deliverables, timelines, and payment terms for the project. In the event of any conflict between these general terms and the project agreement, the terms of the project agreement shall prevail.

5. Fees and Payment

Keywords: payment terms, invoicing, fees

Fees for our services will be specified in the project agreement. Invoicing and payment terms will also be detailed in the project agreement. All payments must be made in accordance with the terms specified. Late payments may be subject to interest charges as outlined in the project agreement.

6. Confidentiality

Keywords: confidentiality, non-disclosure, proprietary information

KiwiPBC agrees to maintain the confidentiality of any proprietary information disclosed by the client during the course of the project. Both parties agree not to disclose any confidential information to third parties without prior written consent. This obligation of confidentiality will continue beyond the termination of the project agreement.

7. Intellectual Property

Keywords: IP ownership, work product, client rights

All intellectual property rights in the work product created by KiwiPBC during the course of the project will be owned by the client, unless otherwise specified in the project agreement. KiwiPBC retains the right to use any pre-existing intellectual property and methodologies developed independently of the project.

8. Warranties and Disclaimers

Keywords: warranties, service quality, disclaimers

KiwiPBC warrants that the services provided will be performed in a professional and workmanlike manner. However, we do not guarantee that the services will be error-free or that any issues will be resolved to the client’s satisfaction. Except as expressly stated in the project agreement, KiwiPBC disclaims all warranties, express or implied, including any implied warranties of merchantability or fitness for a particular purpose.

9. Limitation of Liability

Keywords: liability, damages, limitation

KiwiPBC’s liability for any claims arising out of or related to our services shall be limited to the fees paid by the client for the specific project giving rise to the claim. In no event shall KiwiPBC be liable for any indirect, incidental, consequential, or punitive damages, even if advised of the possibility of such damages.

10. Termination

Keywords: termination, project completion, notice

Either party may terminate the project agreement by providing written notice to the other party. Upon termination, the client shall pay for all services rendered up to the termination date. Any provisions of these Terms or the project agreement that by their nature should survive termination will remain in effect.

11. Governing Law

Keywords: governing law, jurisdiction, legal

These Terms and any project agreement shall be governed by and construed in accordance with the laws of New Zealand. Any disputes arising out of or related to these Terms or any project agreement shall be subject to the exclusive jurisdiction of the courts of New Zealand.

12. Amendments

Keywords: amendments, changes, updates

KiwiPBC reserves the right to amend these Terms at any time. Any changes will be posted on our website and will become effective immediately upon posting. Your continued use of our services constitutes acceptance of the amended Terms.

13. Contact Information

Keywords: contact, inquiries, support

If you have any questions or concerns about these Terms or any project agreement, please contact us at:

Email: info@kiwipbc.co.nz
Phone: (NZ) 027 338 8500
Address: Auckland, New Zealand

By using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms and any applicable project agreement.

These general Terms and Conditions provide a framework for our engagement with clients. Each project will have its own specific terms and conditions detailed in the project agreement to address the unique aspects and requirements of that project.