Bizenhanz Limited Terms of Engagement
a) “Client” means a person, company or organisation ordering services from Bizenhanz Limited by requesting credit management services or advice, by making on-line or written contact with Bizenhanz Limited. The definition includes any agent of the person or organisation and if the Client is a Company, ordering services on these Terms of Trade it is deemed to personally bind the shareholders.
b) “Bizenhanz Limited” is the trading name of the supplier providing the services.
c) “Services” means the provision of advice and expertise (which may include written processes and policies) advertised as being available on the website of Bizenhanz Limited for purchase at an agreed price, details of which will be provided when ordering services.
d) “Interest” means a rate of 20% per annum compounding daily.
e) “Force Majeure” means any act, circumstance or omission caused by an event outside the control of the supplier, which makes it impossible for the supplier to deliver the services either at all or within agreed timeframes.
Terms of Engagement, Payment and Delivery of Services
- Engagement is instigated by a Client requesting in writing the services of Bizenhanz Limited. The request must include the Client name; email and physical address; and contact phone details. If the billing address differs from the physical address, details of that must also be provided.
- Bizenhanz Limited reserves the right to decline the request for services. Although they shall not be required to give a reason, this could arise in situations where there is a conflict with parties involved in a debt collection situation, or they are unable to fulfil expected timeframes for delivery.
- Engagement is not complete until Bizenhanz Limited has provided acknowledgement of the engagement and an estimate of the cost or basis of charging, which in turn has been accepted by the Client, in writing.
- Bizenhanz Limited will provide an estimate timeframe for delivery of services, and reserves the right to amend that in the event of any force majeure event causing delay.
- Payment for services and any disbursements associated with providing those services, such as third party charges, shall be invoiced, either monthly for long term or ongoing contracts, or, on conclusion of the services for short term contracts. In all cases invoiced amounts are payable within 14 days of the invoice date. Any undisputed invoice must be paid in full by the due date.
- Bizenhanz Limited reserves the right to levy interest on any payments outstanding beyond the dates detailed in clause 5 and to on-charge any third party costs, such as legal fees, associated with Cl;ient failure to pay outstanding amounts by due date.
- Bizenhanz Limited retains branding rights and intellectual property rights in any services in the nature of advice, provided to Clients.
- Either party may terminate the Contract for Services on 10 working days notice. If this right of termination is exercised, the Client remains liable for payment of the services completed up to the date of termination, including services provided during the notice period.
- Either party may terminate the Contract for Services if the other party breaches any of these Terms of Trade and fails to remedy that breach within five working days of notification of breach, or without notice if any insolvency act of either party occurs. If this right of termination is exercised, the Client remains liable for payment of the services completed up to the date of termination.
- No indirect or consequential losses can be claimed against Bizenhanz Limited on termination and where services relate to debt collection work, in no circumstances does Bizenhanz Limited become liable for any failure to recover that debt or any part of it.
- Any notices required pursuant to these Terms of Trade will be sent by email to the Client’s notified email address of the customer and an electronic means of sending such notices will be deemed sufficient and received by the customer at the time it is sent by Bizenhanz Limited.
- Any failure by Bizenhanz Limited to enforce any specific provision of the Terms of Trade at any particular time shall not be deemed a waiver or release of any other Client obligation pursuant to these Terms of Trade.
- This Agreement shall be governed by New Zealand law and in particular the provisions of the Privacy Act 1993, the Fair Trading Act 2012 and the Consumer Guarantees Act 1993 (where applicable). The parties to this Contract recognise the nature of services being provided does involve disclosure of confidential information and each party agrees to take all reasonable steps to preserve the confidentiality of any information disclosed both during the course of the contractual relationship and following the conclusion of the Contract.
- In the event of a dispute arising under this Agreement, the parties shall first negotiate in good faith to attempt to resolve it between themselves. Should it not be resolved within five working days of the dispute arising, then either party shall be entitled to exercise their termination rights and pursue any remedies available at common law.