By engaging ONETEN or submitting the New Project Form, the Client agrees to these Terms and Conditions.
ONETEN provides bid and tender support, business strategy and related business support services. Services may include bid strategy and management, tender writing, content development and review, research, project management, business planning, bookkeeping and accounts support, or other services agreed with the Client.
The specific scope, timing, deliverables and fees for each engagement will be agreed with the Client before work begins.
Where additional work is requested, or the agreed scope changes, ONETEN will discuss any impact on timing and fees with the Client before proceeding where reasonably practicable.
The Client remains responsible for reviewing and approving all work produced by ONETEN and for the accuracy, completeness and legality of information supplied to ONETEN.
For bid and tender engagements, the Client is responsible for all technical, commercial, pricing and factual information included in the submission.
The Client must review and approve the final bid before submission.
ONETEN supports the preparation and management of bid and tender responses but does not act as the submitting party.
The Client retains responsibility for making the final submission to its client, procurement agency or other third party, including ensuring it is submitted correctly and on time.
ONETEN provides advisory and support services and does not guarantee the success of any bid, tender, business strategy or other outcome.
The Client is responsible for providing ONETEN with timely access to all information, people, systems and resources reasonably required to complete the agreed work. This includes relevant documents and background information, access to shared folders or collaboration platforms, and the permissions needed to view, edit or download relevant files.
For bid and tender engagements, the Client is responsible for ensuring that its Subject Matter Experts (SMEs) provide timely, accurate and complete technical, commercial, operational, pricing and factual information required to develop the submission.
ONETEN is entitled to rely on information provided by the Client, its SMEs and other representatives as being accurate and complete and is not responsible for independently verifying that information unless this forms part of the agreed scope.
If required information, access, approvals, or SME input is delayed, incomplete, or unavailable, ONETEN may suspend work, extend or adjust agreed timeframes, or revise the scope and fees as reasonably necessary.
ONETEN is not responsible for delays, errors, omissions, or outcomes resulting from late, inaccurate, or incomplete information, access, approvals, or input provided by the Client or its representatives.
Where agreed, ONETEN may provide bookkeeping and accounts support through to trial balance.
Unless specifically agreed otherwise, these services do not include audit, tax, legal, investment or other regulated professional advice.
The Client remains responsible for engaging its accountant, tax adviser, or other professional adviser, where required, and for approving all information provided to it or submitted to third parties.
Fees will be charged at the rates, fixed price or estimated range agreed with the Client.
For ongoing engagements, invoices will normally be issued monthly within the first five business days and are payable by the 20th of that month, unless otherwise agreed.
Final invoices and invoices for shorter engagements are payable within 14 days of issue unless otherwise agreed.
Overdue amounts may incur a $50 administration fee and interest at 2% per month on the outstanding balance.
Any significant additional costs or resources outside the agreed scope will be discussed with the Client before they are incurred where reasonably practicable.
ONETEN is not responsible for errors, omissions or inaccuracies in information supplied or approved by the Client, or for consequences arising from the Client's failure to review or approve work before it is used or submitted.
To the extent permitted by law, ONETEN will not be liable for any indirect or consequential loss, loss of profit, loss of opportunity or loss arising from an unsuccessful bid or tender.
ONETEN's total liability arising from an engagement, whether in contract, tort (including negligence) or otherwise, will not exceed the fees paid by the Client to ONETEN for the specific engagement giving rise to the claim.
Each party retains ownership of intellectual property it owned before the engagement.
Once all applicable fees have been paid, the Client owns the final deliverables specifically created for them.
ONETEN retains ownership of its pre-existing methodologies, templates, tools, processes and frameworks.
Both parties will keep confidential any commercially sensitive, confidential or proprietary information received during an engagement, including information relating to the Client's clients or customers.
ONETEN may use Microsoft 365 and OneDrive to store and work with Client information and may use the Client's nominated systems, such as SharePoint or Google Drive, where agreed.
ONETEN may work with other businesses operating in the same or similar industries and does not provide exclusivity unless agreed in writing.
Where additional capacity or specialist expertise is required, ONETEN may propose using trusted consultants or specialists. Where this is likely to materially affect the scope or cost of the engagement, this will be discussed with the Client before proceeding.
Where travel is required and agreed with the Client, reasonable travel costs will be charged at actual cost plus 5%.
Travel time exceeding two hours return may be charged at 50% of the applicable hourly rate.
Any material travel costs will be discussed with the Client in advance.
Either party may terminate an engagement by giving written notice. The Client remains responsible for payment for all work completed and costs reasonably incurred up to the termination date.
These Terms and Conditions and each engagement are governed by the laws of New Zealand.
If a dispute arises, both parties will first attempt to resolve it in good faith and, where appropriate, through mediation before commencing legal proceedings.
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