Terms of Trade

The following terms of trade apply to any requests (made by email, chat, in person meeting or phone) to undertake work for you.  If you ask us to do the work, these terms will apply to that work, and any subsequent work we do for you.  If you have any questions about the terms, please contact us.

 

Get Results Limited – TERMS APPLYING TO ALL WORK

(Last Updated 1 Feb 2018)

You or Your Company/Business (“You”) has/have requested Get Results Limited (“Get Results”) to carry out some work for you.  

This contract applies to all the work carried out for you by Get Results relating to tasks requested on a casual basis or tasks or projects described in a “Scope of Work”, whether specifically set out or not.

Quote

Get Results will carry out the Scope of Work for the sum agreed to in writing.

Any tasks requested on a casual basis or work carried out which is outside of the Scope of Work will be charged at the rate of $100+GST  per hour unless agreed otherwise by Get Results in writing prior to the work commencing.

Outstanding Payments

If you do not pay all of the  sums due under this contract, including contract payment, disbursement and/or additional fees owing within 7 days of them becoming due under this contract then:

  • Get Results will be entitled to stop any work you have asked us to complete
  • interest will become payable on the outstanding fees at a rate of 3% per month
  • Get Results will be entitled to recover from you all debt recovery costs, including legal costs at the full solicitor/client rate and any disbursements
  • Get Results will not be required to transfer any work, or any intellectual property rights in work to you until the full sum owing is paid.

Intellectual Property

You will be the first owner of any copyright subsisting in the graphic ‘look and feel’ of any website, not including the code written to produce that look and feel.  Note that this will not apply to any graphics, photographs, artwork and audio or audio-visual provided by a third party, or where the copyright is clearly claimed by anyone else (including Get Results) at the time it is added to the work.

Get Results is the first owner of the copyright in the code and will remain the owner of the copyright at the end of this contract.  You are granted an irrevocable world-wide non-assignable license to use the software, and to reasonable copying of the code where reasonably required in conjunction with the project outlined in the Scope of Works.

Open Source Clause

The work carried out by Get Results incorporates open-source software libraries, software and technology systems that belong in the public domain.  Get Results warrants that you will provided with a licence to all commercial activities with the technology, on a royalty-free basis.   Get Results will be entitled to submit any bug patches back to any open source project without any restriction.  To enable bug patches to be submitted back to the relevant open source project, content of the patches will be licensed under the relevant OS licence.

Work Outside the Scope of Works

After Get Results has commenced the work, you may ask for further or different work to be completed which is not within the Scope of Works .  If this occurs, Get Results will advise you that this request outside of the Scope of Works.  If you ask Get Results to carry out such work after being advised it is outside the Scope of Works,  and it does so, you will be liable to pay a fee in addition to the Quoted sum.  
Get Results will endeavour to advise you of the additional fee prior to commencing work on the work outside the Scope of Works, however in the event no fee is advised, you will be liable to pay a sum which is consistent with the ordinary fee that Get Results charges for similar work.

Your Obligations

You will communicate any variations or changes in your work specifications to Get Results as soon as you are able to.

You will provide any information you receive in relation to the work to Get Results where required and as soon as practicable.

If you decide to change your mind and cancel any work to be completed under this agreement you may do so by communicating that cancellation to Get Results in writing.  You will still be liable to pay the full sum payable for all work completed under this agreement, including all disbursements paid on your behalf by Get Results.  

Get Results Limited’s Obligations

Get Results will undertake the work using all reasonable diligence and skill. Get Results will endeavour to meet any deadlines you tell them about, but  you will still be liable to pay the sum owing under this agreement for the work if the deadline is not met.  

Consumer Guarantees Act 1993

If you are a business, the Consumer Guarantees Act 1993 does not apply to this contract, or our relationship.