TERMS OF ENGAGEMENT
Services: The services to be provided by Cherry Red Consulting Limited will be agreed prior to the commencement of any work and any changes to those services will be agreed by both parties prior to those services being undertaken.
Fees: Fees for the services provided will be agreed prior to the commencement of any work undertaken. Fees may be agreed on a project-by-project, retainer or hourly rate basis.
Any quotation given by Cherry Red Consulting Limited is valid for 60 days from the date of the quotation. After that the Company reserves the right to revise the quotation.
The fees quoted are for the work and services as set out in the proposal. Any changes made at the Client’s request may result in additional fees.
On acceptance of the quotation by the Client for a set piece of work, fees will be invoiced as follows: 40% on commissioning.
60% on delivery of the completed work
This applies unless a monthly chargeable contract or retainer based contract is agreed to or an alternative arrangement is mutually agreed with the client.
Advertising Costs: Clients that contract Cherry Red to place paid advertising (social media) are required to pay advertising fees prior to placement.
Associated costs: Cherry Red will charge and additional 15% on all costs paid up front by Cherry Red on behalf of a client (design, print etc.). The cost plus the 15% will be included in the monthly client invoice.
Payment terms: Payment must be made by the 20th of the month following the date of invoice. Cherry Red Consulting Limited reserves the right to charge interest on overdue accounts at the rate of 2 percent per month. If Cherry Red Consulting Limited is forced to pursue an account then all collection costs are payable by the client.
Our Commitment: Cherry Red Consulting Limited agrees to conduct business professionally, with integrity, truth, accuracy, fairness and responsibility. As a member of the Public Relations Institute of New Zealand, Cherry Red Consulting Ltd has committed to a Code of Ethics and Public Relations Protocols and agrees to honor these at all times.
Confidentiality: All factual information supplied by either party to the other shall remain the property of the disclosing party and each agrees not to disclose that information to any third party unless consent has been obtained. Each party agrees to keep the other party’s information secure and to return such information upon completion of the engagement (if so requested or required). These confidentiality obligations shall continue after our engagement has ended.
Intellectual Property: When a client provides information to Cherry Red Consulting Limited, the client warrants that such information is true, accurate and does not infringe on any intellectual property right of any third party. If any claim or proceeding is brought against Cherry Red Consulting Limited alleging the infringement of any intellectual property right in any material used by Cherry Red Consulting Limited in accordance with client instructions then the client will agree to indemnify Cherry Red Consulting Limited and keep Cherry Red Consulting Limited indemnified against all damages and costs (including legal fees) that might be incurred as a result of the claim or proceeding. Further, Cherry Red Consulting Limited reserves the right not to follow client instructions if it is believed these instructions are unlawful or may be harmful to Cherry Red Consulting Limited’s reputation. Any intellectual property that Cherry Red Consulting Limited generates during the term of engagement (which is not specific to the client) is the property of Cherry Red Consulting Limited and the client has no rights or claims against same.
Limitation of our Liability to you:
If we breach any duty we owe to you, our liability will be limited to two times the amount of the professional fees you have paid Cherry Red Consulting Ltd for performing the services under this agreement
Termination: Either party may terminate the relationship (by giving 14 days’ notice) for breach of any of the terms set out in the terms of engagement.
If this agreement is terminated you must pay our fees due up to the date of termination and all expenses incurred up to that date.
Terms which shall survive termination of this agreement include confidentiality, intellectual property and limitation of our liability.
Post Engagement: Once Cherry Red Consulting Limited’s engagement with the client has ended, Cherry Red Consulting Limited is free to provide services to any other persons or entities however Cherry Red Consulting Limited agrees to abide by the confidentiality and intellectual property provisions set out above.
General: Both parties agree to treat the terms of engagement as confidential and agree not to disclose such terms to any person except with the prior consent of the other. The relationship between Cherry Red Consulting Limited and the client is a contractual relationship only and not a partnership, accordingly each is liable for their own taxes and levies. In the event of a dispute between parties, such dispute shall be referred to mediation or failing agreement by mediation, arbitration in accordance with the Arbitration Act 1996.
We always welcome feedback on our services. If you have a complaint or would like to discuss how we can improve please contact the Managing partner for that discussion. We are committed to investigating and resolving any concerns or complaints as soon as possible.