Terms and Conditions
1. Introduction These Terms and Conditions ("Agreement") govern the provision of business consulting services ("Services") by Lance Spalding of Growth Dynamics ("Consultant") to the client ("Client"). By engaging the Consultant, the Client agrees to these terms.
2. Services The Consultant agrees to provide business consulting services as outlined in the proposal or scope of work document. The Consultant will use their expertise to advise and assist the Client in achieving their business objectives.
3. Term This Agreement shall commence on “Start Date” and continue until “End Date/Project completion”, or until terminated in accordance with the termination provisions of this Agreement.
4. Fees and Payment
4.1 Fees: The Client agrees to pay the Consultant fees as outlined in the proposal or scope of work document.
4.2 Payment Terms: Payments shall be made according to the schedule specified in the proposal. Invoices are due 7 days from the date of the invoice.
4.3 Late Payments: Late payments may incur a late fee of 5% per month on the outstanding balance.
5. Confidentiality
5.1 Confidential Information: Both parties agree to keep confidential any information disclosed during the course of the consulting engagement.
5.2 Non-Disclosure: The Consultant shall not disclose any confidential information to third parties without the Client’s prior written consent, except as required by law.
6. Intellectual Property
6.1 Ownership: All intellectual property created by the Consultant in the course of providing the Services shall remain the property of the Consultant until full payment is received.
6.2 License: Upon full payment, the Consultant grants the Client a non-exclusive, perpetual license to use the deliverables for their intended purpose.
7. Limitation of Liability
7.1 Limitation: The Consultant’s liability for any claim arising out of this Agreement shall be limited to the amount of fees paid by the Client.
7.2 Indirect Damages: The Consultant shall not be liable for any indirect, incidental, or consequential damages arising out of or in connection with the Services.
8. Termination
8.1 Termination for Convenience: Either party may terminate this Agreement with 30 days’ written notice.
8.2 Termination for Cause: Either party may terminate this Agreement immediately if the other party breaches any material term of this Agreement and fails to remedy the breach within 30 days of receiving notice of the breach.
8.3 Effect of Termination: Upon termination, the Client shall pay the Consultant for all Services rendered up to the date of termination.
9. Governing Law This Agreement shall be governed by and construed in accordance with the laws of New Zealand.
10. Dispute Resolution Any disputes arising out of or in connection with this Agreement shall be resolved through negotiation in good faith. If the dispute cannot be resolved, it shall be submitted to mediation or arbitration in New Zealand.
11. Miscellaneous
11.1 Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings.
11.2 Amendments: Any amendments to this Agreement must be in writing and signed by both parties.
11.3 Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
12. Notices Any notices required under this Agreement shall be in writing and sent to the addresses specified by the parties. By engaging the Consultant, the Client acknowledges that they have read, understood, and agree to these Terms and Conditions.
Last updated: 10/03/2025
