Terms and ConditionsMy promise to you
These terms shall apply to all services which Carmel Murphy - Networking Queen (hereafter “we” or "us”) provide to you anytime now or in the future. These terms shall always apply except when we have expressly stated otherwise in writing. “In writing” includes postings on our web site.
Services and Payment
Carmel Murphy - Networking Queen provides advice, information, material and assistances in respect of property investments (the “Services”). We shall always use our best reasonable endeavors to provide the Services to you in accordance with good business practice. In consideration of you entering into an agreement, relationship, or transaction with Carmel Murphy - Networking Queen you warrant the due and punctual payment of all of monies payable to Carmel Murphy - Networking Queen from time to time.
When we have or are going to supply you with the Services it is your responsibility to: Promptly provide all the information, assistance and approvals that we may recently require; make best endeavors to fulfill and commit to our recommendations; and obtain and if required pay for any third party materials as required to facilitate our advice.
We will invoice you for our provision of the Services from time to time or otherwise in accordance with arrangements made with you in writing. All charges are in New Zealand dollars and are exclusive of GST. You agree to pay all invoices within 7 days on the invoice date. If you do not pay on time we may at our option: Suspend the Services; terminate any agreement with you; refer your account to our debt collection agency; and/or charge you penalty interest (at 12% per annum until the date of actual payment of all monies including default interest and collection costs) and any collection costs (including costs on a solicitor and client basis).
Each party will keep the information of the other (“the Confidential Information”) confidential and will not disclose this information to any third party without the consent of the other. Each party shall ensure that its employees, subcontractors and agents abide by these obligations of confidentiality. Confidential Information does not include information clearly required to be disclosed by law; or is generally known and available without a party having breached its obligations; or is, or has been, independently and lawfully acquired or developed without the benefit or use of the other party’s Confidential Information.
Each party shall respect the intellectual property rights of the other and shall not challenge or assert any interest in the intellectual property of the other.
Suspension of Services
If you do not meet all of your responsibilities under this agreement, we may suspend the provision of services to you without prior notice. We may also suspend or restrict a service in an emergency or whenever we, or any other person, consider it necessary or reasonable to protect persons, systems or other property.
This agreement shall terminate immediately if you: Die, entered into bankruptcy, receivership or liquidation, or cease to trade or enter into a composition with your creditors.
We may also terminate this agreement on the occurrence of any of the following events: Non payment or late payment of invoices, with the exception of any amounts that are the subject of a genuine dispute in which you have previously notified us in writing as being in dispute; or if in our reasonable opinion you are using the Services for any immoral or unlawful purpose; or if you breach any of your obligations under this agreement and do not remedy such breach (if the breach is capable of being remedied) within 14 days of receiving a notice from us advising you that you are in breach.
Alternatively, either of us may terminate this agreement by providing 30 days’ advanced written notice to the other.
Upon termination any amounts owing by you to us under this agreement must be paid immediately and we may be regarded as discharged from any further obligations under this agreement. Termination or cancellation of this agreement shall not relieve either party from any right, liability, or claim that has accrued before the date of termination or cancellation.
You agree that for the purposes of this agreement and the performance of our obligations we may collect information about you. This information may be collected from you and from others. We will give you access to and at your request correct information we hold about you. You agree to allow us to use the information we hold about you for our business and professional purposes and that we may exchange this information with our contractors, agents, representatives, and with credit reporting and debt collection agencies. You consent to us contacting a credit reporting agency to obtain information about you for the purposes of assessing your credit-worthiness or collection of overdue payments.
In any event (or series of events brought in any series of or related claims) the maximum aggregate liability of Carmel Murphy - Networking Queen to you for losses, damages, costs and/or expenses (including on a solicitor and client basis) shall under no circumstances exceed an amount equal to the total charges paid by you under this agreement in any one year. The limitations and exclusions of liability in this agreement shall apply however liability rises, whether in contract, tort (including negligence) breach of statutory duty or otherwise. We will not be liable to you, or any third party, for any: Loss or damage to information or data from any cause or breach of security; loss of profit; and/or any incidental, indirect special or consequential loss or damage.
You agree that we should not be exposed to your market risks and so you agree that we will not be liable for the results you achieve from the use of the Services. You indemnify us against any third party claims, damages, liabilities, costs and expenses arising out of the conduct of your business or activities, including your use of the Services.
Sometimes we will not be able to fulfill their responsibilities through no fault of our own. Therefore, we are not responsible for a failure or delay to perform our obligations due to events beyond our reasonable control or failure by you to perform any of your responsibilities under this agreement. Failure by you to provide accurate information or act in a timely manner and/or constraints you impose on us may affect outcomes and/or our ability to provide the Services.
Nothing in this agreement is intended to contract out of the Consumer Guarantees Act of New Zealand or equivalent consumer-protection legislation and the terms of this agreement shall be amended to the extent that any apparent contracting out shall be invalid.
You agree that, with the exception of urgent interlocutory relief, both of us will attempt to resolve any dispute under this agreement by the mediation of a mediator in accordance with the rules laid down by LEADR New Zealand Incorporated, such mediation to be held in Auckland.
If at any time any provision of this agreement is or becomes illegal or unenforceable neither the legal validity nor enforceability of the remaining provisions shall in any way be affected or impaired. You may not assign any rights or obligations under this agreement without our prior written consent. We may assign any rights under this agreement without obtaining your prior approval. We may also sub-contract any of our obligations under this agreement, but in so doing, will not be relieved of any liability to you under this agreement.
From time to time we may amend this agreement. We will notify you in writing (“in writing” includes postings on our website) of any proposed change and any such change will take effect from the beginning of the next calendar month after the month we give you notice of the change. Your continued use of the Services after that date will constitute your acceptance of those changes.
This agreement shall be governed by New Zealand law.