Terms & Non Disclosure Agreement


DEFINITIONS

  • “Us/We/Recipient” means the “Contractor / NZ Bookkeeper” as set out above.
  • “You/Your/Discloser” the person, client, authorized agent or legal entity described in the letter, or stated on the invoice or order form/ quote.
  • “Services” shall mean all services supplied by Us to You and includes any recommendations & advice.

SCOPE

  • Prior to the commencement of engagement, we will send You a letter recording the cost of the Services You require to be delivered.
  • By signing/acknowledging this letter You confirm that You have read and accepted the scope and cost of Services and these Terms of Engagement.

FEES, PAYMENT TERMS, INTEREST AND COLLECTION EXPENSES

  • We will charge You the agreed hourly rate or contracted rate as stated in the letter plus any associated costs on a weekly basis unless otherwise stated in the letter. Terms of payment are seven (7) days from the date of invoice, unless otherwise stated in the letter.
  • If you fail to make a payment by the due date You shall be liable to pay Us:
  • Default interest on the amount outstanding calculated at 2% per month, and which shall accrue after as well as before judgement.
  • All expenses, & administration fees, including collection costs from obtaining the services of a debt collection company and/or legal fees in relation to any overdue amount will be added to Your account and You will be liable to cover this.
  • These Terms remain in place after termination of Service until all fees are paid.

CONFIDENTIALITY AND INFORMATION

  • We will treat all information made available by You in connection with any engagement, as Strictly Private and Confidential
  • Each party will both comply with all applicable provisions of the Privacy Act 1993.
  • You permit Us to collect use and retain information concerning You, for the purpose of assessing the Your credit worthiness or to enforce any rights under these terms of engagement.
  • You permit Us to disclose information obtained to any person where we are required to do so by New Zealand Law.
  • You authorize us to request information from a third party on your behalf provided such information is reasonably required by Us to perform the Services.

LIMITATION OF LIABILITY

  • You acknowledge that any bookkeeping Services provided by us to you are limited to the collection, classification and summarization of financial information supplied by You. You will supply complete information promptly at the times agreed so that We can undertake the Services.
  • We will not express any opinion on the accuracy of the material we compile or its suitability for purpose. We will not take active steps to identify weaknesses in your internal accounting system, errors, illegal acts or other irregularities (such as non-compliance with law or fraud). If we become aware of any irregularities etc we will report them to You.
  • You acknowledge that the Services do not include an audit or review of your financial information and statements and accordingly we are not responsible for the accuracy of any material We prepare in reliance of any information provided by You. We are not Chartered Accountants and the use of our services do not constitute the receipt of accounting or taxation advice. If you require accounting, taxation or other financial advice please contact a Chartered Accountant.
  • We will not be held liable for any loss you experience in your business.
  • You agree to indemnify Us against all direct, indirect and consequential losses, damages, costs (including legal fees), fines, penalties and the like to which We may become liable in connection with any Services provided to You.
  • Nothing in the Consumer Guarantees Act 1993 will apply where You are acquiring the Services for business purposes.

MARKETING

  • You agree to allow NZ Bookkeeper to use your logo in our marketing as a client.

TERMINATION OF SERVICES

  • We may cancel these Terms of engagement or cancel the Service by giving thirty (30) days written notice to You. We shall not be liable for any loss or damage arising from such cancellation including but not limited to tax obligations, tax and Companies Office filing requirements.
  • You may cancel the Services of the contractor by giving thirty (30) days’ notice in writing. You will be liable for any costs incurred by Us up to the date of termination, including any costs associated with termination.

ACCEPTANCE

  • Any subsequent instructions written or otherwise received by Us from You for the supply of additional Services, shall constitute continuing acceptance of these Terms of Engagement.
  • We may change these Terms of Engagement by notice to you in writing, which may be by email.

NON DISCLOSURE

RECIPIENTS OBLIGATIONS

  • In respect of the Confidential Information NZ Bookkeeper shall:
  • keep all Confidential Information in NZB’s possession and treat all Confidential Information as confidential regardless of when disclosed;
  • not use any Confidential Information in any way other than for the Purpose;
  • refrain from making or having made any duplication (in any form whatsoever) of the Confidential Information except insofar as is necessary for the Purpose;
  • not disclose Confidential Information to any third party without the prior written consent of the Discloser, as may be applicable, and without first obtaining a Confidentiality Agreement from said third party on terms equivalent to the terms of this Agreement; and
  • not use any of the Confidential Information in any way which would conflict with or be harmful to the interests of the Discloser
  • Ensure that its officers, employees, contractors and agents who may have access to the Confidential Information are aware of and abide by the confidentiality provisions of this Agreement.
  • If NZB becomes aware of the possession, use or knowledge of the Confidential Information by any unauthorised party, then NZB must:
  • immediately inform the Discloser; and
  • at the Discloser’s request and expense, provide all assistance in relation to the unauthorised possession, use or knowledge as the Discloser requires, unless such unauthorised possession, use or knowledge is the fault of the Recipient, in which case such assistance shall be at the Recipient’s expense.
  • The burden of proof of showing that any Confidential Information is not subject to the obligations of confidentiality in this Agreement will rest on the Recipient.
  • At the Discloser’s written request, the Recipient will promptly, at the Discloser’s election, return to the Discloser or destroy or erase, or procure the destruction or erasure of, any or all of the Confidential Information.

DISCLOSERS OBLIGATIONS

  • Unless previously agreed to, The Discloser shall not divulge to external parties the services provided by the NZ Bookkeeper. These shall remain confidential between both parties