These Terms apply to all advice, information, recommendations and other services (“Services”) provided by Concentrate Limited (“Concentrate”) to the person named as the Client in the document to which these Terms are attached (the “Client”).
All Services will be supplied on these Terms only, except to the extent that these Terms are expressly overridden by a document signed by both parties.
The Client must pay the amount stated on each invoice issued by Concentrate, plus goods and services tax ("GST") if any.
Unless otherwise agreed, the amount payable for all Services (plus GST, if any), is to be paid in full by the 20th of the month following the date of Concentrate’s invoice.
The Client may not deduct or withhold any amount (whether by way of set-off, counterclaim or otherwise) from any money owing to Concentrate.
If full payment is not made by the due date, or if the Client becomes insolvent, has a receiver, liquidator, statutory or official manager appointed, or makes an arrangement with its creditors:
- all amounts owing to Concentrate will immediately become due and payable; and
- the Client will pay, on demand made by Concentrate (without prejudice to any other remedies Concentrate may have), default interest at 2% above the base rate charged by Concentrate’s bankers on its current overdraft facilities, such rate being calculated as at the 20th of each month.
On payment of all money owing to Concentrate for the Services, copyright in the final version of any outputs from the Services will pass to the Client. However, Concentrate will retain ownership of:
- all tools, templates, techniques and methodologies used in providing the Services; and
- all preparatory and draft versions of all research, preparatory work and draft versions of all presentations, reports and plans created in the course of providing the Services.
Each party will preserve the confidentiality of all Confidential Information obtained from the other in connection with the Services. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these Terms. For the purpose of this clause, “Confidential Information” includes all information exchanged between Concentrate and the Client, whether in writing, electronically or orally, but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the receiving party.
The Client acknowledges that it is acquiring the Services for a business purpose, and accordingly the Consumer Guarantees Act does not apply.
The Services are provided in good faith but:
- Concentrate gives no warranties, whether express or implied, statutory or otherwise, as to the accuracy of the Services;
- All warranties, descriptions, representations or conditions whether implied by law or otherwise are expressly excluded to the fullest extent permitted by law;
- Concentrate will not be liable for any loss, costs, expenses or other damages suffered by the Client, whether direct or indirect, as a result of the Client’s reliance on any aspect of the Services;
- In no circumstances will Concentrate be liable for any loss of profits or any consequential, indirect or special damage, loss or injury of any kind suffered by the Client or any other person.
Either party may terminate the Services on giving the other at least one month’s prior written notice, provided that, if the Services include one of Concentrate's Strategic Partnership or Support Team packages, the notice may only be given so as to expire at the end of the three month period for that Strategic Partnership or Support Team package.
Notice may be given by: (1) personal delivery; (2) ordinary mail (which will be deemed delivered three days after posting); or (3) email (which will be deemed delivered on the date of transmission to the recipient’s correct email address).
Owen Scott, Managing Director
Greg Williamson, Director
PO Box 452
Phone 03 3658774