Terms of Engagement (Updated February 08, 2024).

These Terms of Engagement (the Terms) apply in respect of all work carried out by  Taiuru & Associates Limited, except as otherwise agreed in writing. In the Terms “we” and “our” includes Karaitiana Taiuru and/or any employee or contractor of Taiuru & Associates Limited.

In the Terms, ‘the Client’ means any person that instructs me to perform work, or any person acting on behalf of and with the authority of a person who is instructing me to perform work. Neither identification nor signature are a requirement to be bound by the Terms.

In the Terms, ‘Services’ means those services that are identified by any invoices or other documents or statements describing the services supplied, or to be supplied, by me to the Client.

 

1.0 General
1.1. the Client agrees to purchase the Services referred to on an invoice issued by me.

1.2. The invoice may contain additional terms and conditions for the supply of relevant Services. In the event of any inconsistency between the Terms and the invoice, the invoice shall prevail.

1.3. The Client cannot cancel any instruction of Services after the issue of a tax invoice and is bound to pay the price of these Services, unless expressly agreed otherwise in writing.

 

2. Fees

2.1. Our current hourly or part hour rate that (GST is applied) can be obtained by request.

2.2 Community/Academia and Not For Profit services are offered at reduced rates by negotiation.

2.3 Generally, our fees reflect the time spent on a matter, charged at our current hourly rate.

2.4 If you have been provided a quotation prior to our commencing Services, we will notify you if the Services we are to provide are going to incur further costs.

 

3. Payment
3.1. The Client must pay all amounts set out in each tax invoice issued by us, without any set-off or deduction, by the due date and in the manner specified in the invoice.

3.2. Any invoice that remains unpaid for more than 30 days from the due date may be forwarded to a third party to collect payment. Any costs incurred in enforcing payment of unpaid invoices, whether by a third party or me, is payable by you.

 

4.0 Supply of Services
4.1. The Services will be supplied on the basis specified on the relevant service confirmation, or as otherwise agreed in writing.

4.2. We are not liable for any failure to supply any Service caused by the Client’s failure to provide adequate instructions relevant to the supply of Services.

 

5.0 Termination

5.1. The Client may terminate this agreement at any time. If the retainer is terminated, the Client must pay for all Services completed up to the date of termination and all expenses incurred by me up to that date.

5.2. We may terminate the retainer at any time for good cause and after giving the Client reasonable notice specifying the grounds for termination.

 

6.0. Scope of the Terms

6.1. The Terms apply to any current engagement and to any future engagement, whether or not we provide the Client with another copy of them.

6.2. These Terms together with the relevant sales confirmation and/or invoice constitute the entire agreement between the parties for the supply of Services and supersede and exclude any previous representation, agreement, arrangement or correspondence on the matter, any terms or documents submitted by the Client and any terms implied by trade, custom, practice or course of dealing.

6.3. Any waiver or variation of these Terms will not be effective unless and to the extent expressly agreed in writing by us.

6.4. The Client may not assign any of its rights and obligations to any person without our prior written consent.

6.5. If any provision of these Terms is held by any court or administrative body of competent jurisdiction to be illegal, void or unenforceable, that provision will be amended to the extent necessary to make it legal, valid and enforceable without altering its meaning or intent or, if that is not possible, that provision will be severed from these Terms. In any event, the remaining provisions of these Terms will remain in full force and effect.

6.6. These Terms are governed by New Zealand law. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of New Zealand.

 

7.0 Recordings and online video meetings.
7.1 I do not engage with any online video meetings that has an AI bot in attendance, pursuant to clause 7.3

7.2 Any invited speaker events, if in person or online that an AI bot is participating, I reserve the right to cease my presentation as invoice you for my time, pursuant to clause 7.3

7.3 With prior consent after you have fully disclosed all the privacy and data sovereignty terms of the AI bot and the full details of the AI Bot including name, creator, version I may provide written permission to engage with your event.

 

8.0 Amendments and versions of the Terms

8.1. The Terms are subject to change in which case we will notify the Client of the amended Terms.

8.2. The most recent version of these terms will be available on our website.

8.3. We retain all previous versions of the Terms.

ENDS.