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Terms & Conditions

Solle Collective Limited Terms and Conditions 

The following terms and conditions are subject to work and onboarding of Solle Collective Limited: 

 

General

  1. These terms and conditions are subject to the client that is receiving them, and we request ultimate confidentiality of all content included. 
  2. Acceptance of Solle Collective Limited quotes must be received and confirmed in writing before commencement of work. Absence of signed quote will result in the permittance of work from any employee at Solle Collective Limited. 
  3. The hourly rate at which Solle Collective Limited charges out is final and can not be protested.
  4. Work done by Solle Collective Limited will only be undertaken once a signed fee proposal is returned and payment is received unless agreed otherwise. 
  5. This agreement outlines a non-disclosure agreement between both parties, proprietary and sensitive information from both parties is kept confidential and remains so even past the exhaustion of the contract. 
  6. If any part of these terms and conditions are found to be invalid, the remainder of the terms and conditions still remain enforceable. 
  7. If additional work needs to be undertaken, Solle Collective Limited will issue a separate quote, which may offer a different payment structure. 
  8. All work that Solle Collective Limited completes for the requesting business is subject to these terms of trade. 
  9. Any notice may be given by phone, in person, posted, or sent by fax or email to you (or where you are a company, to any of your directors).
  10. These Terms of Trade are governed by and construed in accordance with the current laws of New Zealand and the parties agree to submit to the non-exclusive jurisdiction of the Courts of New Zealand for any disputes or proceedings arising out of or in connection with these Terms of Trade. 
  11. You shall at all times treat as confidential all non-public information and material received from us and shall not publish, release, or disclose the same without our prior written consent. For clarity, confidential information includes any new Intellectual Property and prices.

 

Work

  1.  The scope outlined to the client in the Quote issued to client is the extent of the services Solle Collective Limited will provide unless agreed otherwise. 
  2. Modification of services can be arranged upon discussion. 
  3. For some areas in our scope of work we have the ability to sub contract on our behalf only. 
  4. Solle Collective limited will advise the Client as soon as possible to any aspect of change to contract or quote of any variation. 
  5. Where work does not directly correspond to the quotation issued by Solle Collective Limited, and work cannot be performed in a reasonable manner, variations may be priced on the basis of time and materials.
  6. Any date or time expressed for delivery is given as an estimate only and we shall not be liable whatsoever for delays in delivery for any reason. 
  7. Solle Collective Limited will perform the Work with reasonable skill, care and diligence in a professional manner;  endeavour to ensure that the Work is performed in accordance with any time frames agreed in quote with client. 
  8. Solle Collective Limited will liaise with you during the course of performing the Work in accordance with your reasonable requirements.
  9. Solle Collective Limited will not be liable for any delay of failure to to perform the work if the cause of failure is beyond our control. 

 

Payments

  1. Clients are required to pay for services stated in Quote within 14 days of receiving the proposal unless otherwise agreed. 
  2. If clients are paying through a retainer, their payments must be received on time and in full as stated in the retainer agreement.
  3. All prices given are GST inclusive. 
  4. Late payments (failure to pay amount by the due date stated on quote) will accrue interest at a rate of 2% per month, which shall accrue on a daily basis and capitalised monthly on the total amount outstanding from the due date to the date of payment in full. 
  5. Overdue balances on monthly retainers will be a hold clause on tasks subject to the monthly retainer agreement. 
  6. Failure to pay will result in suspension of services and legal action. 
  7. Goods which form part of the Work, and any accounts receivable arising from the partial or completed Work, remain our sole and absolute property as legal and equitable owner until we have received payment in full of all monies (whether for the Work or otherwise) owed by you to us. Any form of payment made by you to us other than cash shall not be deemed to be payment until that form of payment has been cleared.
  8. We may require you to pay a deposit, being an advanced payment for the Work, before we commence the Work.
  9. Payment for the Work (and any associated expenses and disbursements) is due on the date specified on our invoice to you.

 

Deliverables

  1. Client will have complete ownership of deliverables after payment has been received and contract is complete. 
  2. Client owns the rights to content created, however we request the right to be able to showcase public work for further marketing purposes and expanding our portfolio, this is including but not limited to branding, web development, campaigns, and design. Solle Collective Limited will ask for permissions before displaying work. 
  3. Solle Collective Limited does not guarantee specific results however will provide reasonable efforts to meet stated objectives. 
  4. This clause protects Solle Collective Limited from any unforeseen events that may take place including natural, pandemic or governmental regulations or disasters that may prevent us from fulfilling obligations in the contract. 
  5. Any time specified by us for the provision of work is an estimate only and Solle Collective Limited will not be liable for any loss or damage incurred by you as a result of any delay. However both parties agree that they shall make every effort to enable the work to be completed at the time and place as was arranged between both parties. 
  6. Solle Collective Limited will endeavour to complete the Work within a reasonable time and will endeavour to meet any target the client has made known to us. 

 

Client 

  1. Client will handle all Client Responsibilities in a professional manner. This includes but is not limited to: brand guidelines, copy, images, approval of drafts, meetings, communications with Solle Collective Limited, and collaboration to ensure a smooth delivery of projects. 
  2. Data from the Client will be handled with the utmost  secrecy. 
  3. Solle Collective Limited is not responsible for any damages, liabilities or loss of profits from the client. 
  4. The client agrees to hold us harmless from any legal issues in the unlikely event that they may arise from marketing campaigns, materials or design that we create. 
  5. The client will give reasonable assistance to enable us to perform the services
    (a) by     giving clear instructions
    (b) promptly providing any information or content required from you for us to complete the Work
    (c) ensuring that the Work and products derived from the Work are fit for the purpose you intend to use them for and meet any appropriate statutory, regulatory, governmental and industry and environmental controls, standards or practices.

  6. The client authorizes Solle Collective Limited to: 

    (a) to collect, retain and use information about you from any person for the purpose of work
    (b)     to disclose information about you

(i) to any person who guarantees, or who provides insurance, or who provides any other credit support, in relation to your obligations to us;

(ii) to such persons as may be necessary or desirable to enable us to exercise any power or enforce or attempt to enforce any of our rights, remedies and powers under these Terms of Trade.

 

Disputes

If either party has any disputes with the other under these terms of trade:

  1. The client will give full written particulars of the dispute to the other.
  2. The parties will promptly meet together in good faith to try resolve the dispute. 

 

Liabilities

  1. The Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes may impose warranties, conditions or obligations upon us which cannot by law (or which can only to a limited extent by law) be excluded. 
  2. We exclude all such imposed warranties, conditions or obligations to the extent permitted by law and exclude any warranty, condition or obligation imposed or implied under common law, equity or otherwise. 
  3. For the purpose of the Fair Trading Act 186 the parties agree to contract out of sections 9 (misleading and deceptive conduct generally) 12A and 13. 
  4. You agree that all warranties, conditions and other terms implied by  sections 12A and 13 of the Fair Trading Act 1986 are  excluded to the fullest extent permitted by law and the parties further acknowledge and agree that it is fair and reasonable that the parties are bound by this clause.
  5. The guarantees contained in the Consumer Guarantees Act 1993 are excluded where you acquire work from us for the purposes of a business in terms of Sections 2 and 43 of that Act and you confirm that you are obtaining the work for such business purpose.