Fees
Failure to make payment by the due date may incur a 20% per annum penalty on your account.
If you fail to make payment within 1 month, we may lodge your debt on a debt register and take the necessary actions to recover the debt. If you choose to make payment on the outstanding amounts, all costs we may have incurred to recover the debt will be added to your outstanding amount. All costs incurred with debt collection are your responsibility, on top of the debt you owe The Ousey Company Ltd, trading as Spotty Lizard.
Until satisfactory full and final settlement of all invoices pertaining to this assignment is received, all administration rights and the associated infrastructure created remains the property of The Ousey Company Ltd.
Should the company default in payment of the invoice, the company directors shall immediately become personally liable for payment of any outstanding current and future invoices.
All prices published or estimated shall be exclusive of Goods and Services Tax unless specifically stated to the contrary.
All deposits and amounts paid are not refundable to the purchaser by The Ousey Company Ltd.
All costs incurred in the recovery of overdue accounts will be added to the total amount owed.
Commitment to Privacy
Your privacy is important to us. To better protect your privacy, we provide this Privacy Policy which explains our online information practices and the choices you can make about the way your information is collected and used.
This Privacy Policy applies to all information collected or submitted to us. This information may be used when providing you with an agreed service. On some pages, we may be requested to register to receive email updates or provide some of your information in order to complete your requested services. The types of personal information collected at these pages may include: Name, E-mail address, phone number, address or date of birth. Where possible, we attempt to use non-identifying information but in certain cases, this is not possible.
We will never sell your personal information to any other company. However, should The Ousey Company Ltd be sold, then the information will pass under the normal terms and conditions of such a transaction.
In the event of a criminal investigation or a suspected illegal activity, we may be required by law enforcement agencies to share certain personal information.
On completion of specified phases of work as agreed, the Purchaser will be notified and have the opportunity to review it. The Purchaser should notify The Ousey Company Ltd, in writing, of any unsatisfactory points within one weeks of receipt of such notification. Any work which has not been reported in writing to The Ousey Company Ltd as unsatisfactory within the one-week period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected, and will be deemed to have been completed and any associated invoices will become due.
Responsibilities of the Purchaser
You agree to the following:
(a) to provide us with correct contact details, and to keep them up-to-date;
(b) to keep your private access details (usernames and passwords) confidential;
(c) to provide us with content (including pictures, links, and text) that does not infringe any copyright, trademark, patent, common law, or rights of others;
(d) you confirm that you are legally entitled to represent the organization and have the authority to action this project;
(e) where the party involved is a company, the directors of the company personally guarantee the companies obligations under the terms of trade;
(f) any instructions received and confirmed in writing by The Ousey Company Ltd from The Purchaser for the supply of services shall constitute a binding contract between the parties and an acceptance of these terms;
(g) promptly pay for the services as agreed. All payments must be in New Zealand dollars.
Legal Disclaimer
The Ousey Company Ltd assumes no responsibility for information published on any internet site and disclaims all liability in respect of such information. The Ousey Company Ltd is not liable for any injury and/or damage to persons or property as a result of any actual or alleged libellous statements, infringements of intellectual property or privacy rights, or product liability, whether resulting from negligence or otherwise, including without limitation, from any use or operation of any ideas, instructions, procedures, products or methods contained in the material published on any existing or created electronic site. The Ousey Company Ltd is not liable for any perceived or real financial losses in relation to your online presence. The Ousey Company Ltd does not warrant that the information published on any electronic site is accurate or free from error. You agree to accept the application of New Zealand law to govern matters between The Ousey Company Ltd and yourself.
If despite the other provisions of this agreement, The Ousey Company Ltd is found to be liable then its liability for any single event or series of related events is limited to the fees payable (over the last two months) to The Purchaser for services rendered by The Ousey Company Ltd under this agreement. This period will be established when a formal notice is made to the registered office of The Ousey Company Ltd.
Failure by The Ousey Company Ltd to enforce any of the terms and conditions contained in this agreement shall not be deemed to be a waiver of all the rights or obligations The Ousey Company Ltd has under these terms.
Ownership
On the basis that all outstanding invoices have been settled in full, the Purchaser shall obtain ownership of all materials and resources produced during the course of this agreement e.g. the content, photographs, video, infographics.
When an account is in default, The Ousey Company Ltd reserves the right to suspend services or withdraw from ongoing work for The Purchaser until such time as all monies, including interest and charges where applicable, are paid. This includes fees from a debt collection agency we send your overdue debt to.
By suspending or withdrawing services, of The Ousey Company Ltd does not remove The Purchaser’s obligation to pay any outstanding monies owing.
Appendix 1
(Typical information required as appropriate)
• Information required at commencement of work:
• Contact details
• Email address
• Website details
• A few thoughts around what words you would think of when describing how people may search for your services.
• Providing recommended content for Blog Pages and Articles
Use of Services
The Ousey Company Ltd does not guarantee listings on search engines and the Purchaser accepts that it is the Search Engines which determine what is listed, and where and how an organisation appears on those lists. The Purchaser further understands there is no guaranteed placement or ranking on the Search Engines and that content may not even appear on Search Engine results at all. The Ousey Company Ltd does not control Search Engine Algorithms and shifts in ranking are natural, regular and can occur at any time. We do not offer any guarantee that any work we complete for you will have any impact upon your SEO rankings, nor can we guarantee any positive or negative impact.
Intellectual Property
Offers and proposals made by The Ousey Company Ltd to potential clients are to be treated as commercially sensitive and confidential information. Such offers and proposals, or the information contained within them, must not be passed, in part or full, to third parties or publicly disseminated without the written authorisation of The Ousey Company Ltd. This includes, but is not limited to, methodology, tools used, technical features, functionality, and pricing information.
Mutual confidentiality obligations
Information that will be kept confidential includes offers and proposals, technical features, intellectual property, know-how, trade secrets, pricing information, business methods, systems, processes, business and financing transactions, client information or any other information of commercial value or utility.
Both parties agree not to disclose any of the confidential information of the other to third parties without express written authority of the other.
Disclaimers
The Ousey Company Ltd takes no responsibility for services provided to the Purchaser by third parties through The Ousey Company Ltd or otherwise.
The Ousey Company Ltd directors are not personally responsible or liable for any claims that may arise from this agreement.
This agreement shall be deemed to be an agreement made in New Zealand and shall be subject to, governed by and interpreted in accordance with the laws of New Zealand.
Any notice including acceptance shall be given in writing and may be given by one party to the other by either email or recorded postal delivery to the address of the other person as appearing in previous correspondence, agreement or ancillary application forms or such other addresses as such party may from time to time have communicated to the other.
If sent by email, shall unless the contrary is proved, be deemed to be received on the day it was sent or if sent by recorded delivery shall be deemed to be received two days following the date of posting.
The Ousey Company Limited retains the absolute right to refuse to work with clients they feel will not benefit from or fit with our services.
Your agreement to these terms and conditions are is taken as being confirmed upon your acceptance of any project, scope of work or assignment document.