Terms & Conditions

A. Chargeable Rates

(a) Charge out Rates

Our charge out rates are as determined by negotiation with clients, according to the type of assignment being undertaken. These rates are reviewed in line with inflation and market conditions.

(b) Fixed Rates

Our fixed rates are as detemined by market conditions, and are subject to change without notice.

(c) Disbursements

All costs incurred by Brand Motto Limited (Brand Motto) for out of town travelling, accommodation, meals, tool calls, telexes, courier fees, shipment of parcels, word processing, typing, photocopying, data entry, computer user, computer consumables, and other disbursements will be charges to the client at cost, without the addition of any service charge.

Depending on the circumstances, a fixed rate may be negotiated to cover accommodation and meals.

(d) Travel

No travelling time is charge for full time work undertaken within normal commuting distance of the normal residence of the applicable consultant.  Travel between offices in the consultant’s base region is charged at normal rates.  Travel to locations outside the consultants base region, or outside New Zealand is charged at a negotiable rate.

B. Additional Charges 

If, as a consequence of the provision of services or products to a client, Brand Motto becomes responsible for taxes, duties, tariffs, imposed by any governmental or statutory authority, these extra costs will be charges to the client.

An invoice will be issued immediately and will be due for payment within twenty-one (21) days of the invoice date.

C. Invoicing

Invoices are based upon time sheets completed by reach consultant.  For each project undertaken, a separate invoice is prepared which records for each consultant the duties performed, hour’s worked and applicable hourly rate.

Hourly services and travelling time are invoiced monthly and are due for payment within twenty-one (21) days of the invoice date.

Brand Motto reserves the right to charge the client all fees, charges, interest, commission and any other costs involved in settlement and/or recovery of any amount owing.

D. Fixed Price and Target Price Projects

Any work undertaken on a quoted price will be subject to specific negotiation and agreement before project commencement.

E. Timetable

Brand Motto will apply its best endeavours to meet any agreed timetable.  However, meeting a timetable is not a condition of any agreement.

F. Termination

The client may terminate at any time and without notice services provided on an hourly basis.  The client will be charged for services provided up to the time of termination.

Under any other circumstances termination will be subject to agreement between Brand Motto and the client.  In the event of termination, Brand Motto will be entitled to a fair price for work already undertaken.

G. Professional Responsibility

Brand Motto accepts its professional responsibilities to provide services and products which, meet the terms of reference, specifications and standards agreed between Brand Motto and the client.

H. Warranty

Brand Motto warrants that all services supplied by it during any assignment will be performed with reasonable care and skill and in accordance with generally accepted industry practice.

I. Confidentiality

Brand Motto accepts its responsibility to maintain confidentiality of information relating to clients and expects individual consultants to sign confidentiality agreements with clients.

J. Ownership

j.1  Ownership – Materials

All materials, written or electronic, delivered to the client during an assignment, belong exclusively to that client only, only after full payment is received by Brand Motto.  Ideas, concepts, knowledge or techniques developed by Brand Motto during the course of an assignment may be used by either Brand Motto or the client, singly or jointly, in any way deemed appropriate by either party.

Any methodology, techniques, means of production or generic training materials that Brand Motto makes available to the client, as part of an assignment, shall remain the property of Brand Motto.

j.2  Ownership – Developments

An application is defined as the unique compilation of program objects prepared specifically to meet the needs of the client as defined in the application design.

The design and specific way in which the objects are used in the application are owned by the client, only after full payment is received by Brand Motto.

All objects and associated code are owned by Brand Motto.

The client may copy, modify or reproduce any object used in a specific application only for that specific application.

K. Brand Motto Staff and Contractors Exclusivity

The assignment is a contract between the client and Brand Motto and is evidence of a business relationship.  If the client wishes to employ directly a Brand Motto consultant or contractor, within a period of three months of that particular consultant or contractor working for the client whilst being a Brand Motto consultant or contractor, it will conflict with the business relationship.  Brand Motto will release the consultant or contractor from the above three month restriction for a recompense equivalent to 300 hours (two months) at the standard rate last applicable to the client for that consultant or contractor.

Brand Motto and its consultants and contractors also have contractual obligations to each other which are completely separate from these terms of business.

L. Legal Jurisdiction

Brand Motto provides its services and products under the laws of New Zealand.

M. Form of Agreement

The agreement between Brand Motto and the client will include all correspondence and contracts between the parties.

N. Contracts

This document defines the standard terms of business for Brand Motto.  If a contract conflicts with these terms, then a specific clause in the contract replaces that clause in the Terms and Conditions.

O. Assignment Information

Unless the client specifically refuses permission, a general description of the assignment and the name of the organisation will be used in Brand Motto’s general marketing information and consultants personal profiles to indicate to prospective clients the type of work undertaken by Brand Motto.