Trading Terms and Conditions
1) DEFINITIONS:
1.1 "Supplier" means Yaw NZ Ltd (t/a AM Associates) and any duly authorized agent.
1.2 "Client" means the recipient of the services provided by the Supplier, including any authorized agent or legal entity.
1.3 "Services" means those consulting services provided by the Supplier to the Client.
2) SUPPLY:
2.1 The Services will be supplied to the Client on these terms and conditions.
2.2 Any instructions received by the Supplier from the Client shall constitute acceptance of these terms and conditions.
3) PRICE:
3.1 All fees quoted, unless otherwise stated, are exclusive of GST and any other applicable charges.
4) PAYMENT:
4.1 Once Services have been provided or commissioned by the Client, payment shall be made according to the terms expressed in the Independent Contractor Agreement.
4.3 In the event of a default, the Supplier reserves the right to:
Impose interest at 2% per calendar month on any late payment until both principal and interest have been paid in full.
Cancel the Client’s credit account at any time before accepting any order and without notice.
Exercise any or all its remedies to recover overdue sums owed by the Client.
In case of default, all legal, collection, and associated costs are payable by the Client.
5) DESCRIPTION OF SERVICES:
5.1 The Supplier will provide services in a professional manner consistent and in accordance with the key Services & Deliverables as outlined in the Independent Contractor Agreement.
6) RISK AND DELIVERY:
6.1 The Supplier shall not be liable for any loss caused by delays in service delivery or non-performance due to circumstances beyond its reasonable control.
7) INTELLECTUAL PROPERTY:
7.1 Any materials, methodologies, or deliverables created by the Supplier during the service provision shall remain the intellectual property of the Supplier unless otherwise agreed in writing.
7.2 The Client is granted a non-exclusive, non-transferable license to use such materials solely for internal purposes.
8) CONFIDENTIALITY:
8.1 Both parties agree to maintain confidentiality of any proprietary or sensitive information exchanged during the engagement.
8.2 The obligation of confidentiality extends beyond the termination of this contract.
9) LIMITATION OF LIABILITY:
9.1 The Supplier shall not be liable for any indirect, consequential loss or damage of any kind arising from the provision of services.
9.2 If the Supplier is found liable, the maximum liability shall be limited to the amount paid for the services rendered.
10) CANCELLATION:
10.1 The Supplier may terminate this Agreement with 30 days’ written notice. The Client may also terminate the Agreement with written notice, subject to payment for all services rendered up to the effective termination date and reimbursement of approved expenses.
10.2 The Client may cancel service provision at the Supplier’s discretion and may be liable for costs incurred up to the cancellation date.
11) GOVERNING LAW:
11.1 These terms and conditions shall be governed by New Zealand law, and disputes will be subject to the jurisdiction of New Zealand courts.
12) PRIVACY ACT 2020:
AM Associates is committed to protecting your privacy. Any personal information you provide through digital enquiries will be handled in accordance with New Zealand’s Privacy Act 2020.
12.1 Collection of Information
We collect personal information such as your name, contact details, and enquiry content to process your request and provide relevant services.
12.2 Use of Information
The information you provide will only be used to respond to your enquiry, improve our services, and communicate with you regarding relevant updates or offers. We will not use your information for any other purpose without your consent.
12.3 Storage and Security
We take reasonable steps to ensure that your personal information is securely stored and protected from unauthorized access, loss, or misuse.
12.4 Third-Party Sharing
We do not share your personal information with third parties, except as required by law or for services that support our operations (e.g., hosting providers), and they are bound by privacy obligations.
12.5 Your Rights
You have the right to access and correct any personal information we hold about you. If you have any concerns about how we handle your information, please contact us at bryan@amassociates.co.nz
By submitting an enquiry, you consent to the collection and use of your personal information as described in this privacy statement.
13) MISCELLANEOUS:
13.1 The Supplier reserves the right to modify these terms and conditions and will notify the Client of any changes in writing.
14) FORCE MAJEURE:
14.1 Neither party shall be liable for any failure to perform its obligations due to causes beyond its reasonable control, including natural disasters, strikes, acts of war, or changes in government regulation. If such an event persists for more than 30 days, either party may terminate this Agreement with written notice.
15) DISPUTE RESOLUTION:
15.1 In the event of any dispute arising out of or in connection with this Agreement, both parties agree to first attempt to resolve the matter amicably through good faith negotiations. If negotiations fail, the parties agree to submit the dispute to mediation under the rules and procedures of the New Zealand Dispute Resolution Centre. If mediation is unsuccessful, the dispute shall be resolved in the courts of New Zealand.
16) CLIENT RESPONSIBILITIES:
16.1 The Client shall provide all necessary information, documents, and resources required by the Supplier to complete the services.
16.2 The Client agrees to review and provide timely feedback on all deliverables and approvals within 5 business days.