Terms and Conditions

 

1. Interpretation

In this document the following words have the following meanings:

1. “Customer” means any person who purchases Services from the Supplier

2. “Supplier” means In My Lifetime Biography Services Limited, 223 Valintine Road, Tauhei, Morrinsville 3372, New Zealand

3. “Terms and Conditions” means any terms and conditions of supply set out in this document and any special terms and conditions agreed in writing between the Supplier and Customer

4. “Service “includes but is not limited to interviews and biography writing

5. General

   1. These Terms and Conditions shall apply to all contracts for the supply of Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer

   2. Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier

6. Price and Payment

   1. A deposit of $1000.00 shall usually be paid in full on application for an individual biography and by contract or Service Level Agreement as applicable. Thereafter, regular invoices will be sent and payment expected within 7 days. 

   2. The Customer will agree to and sign the costs schedule and will agree to pay for services at the scheduled rate.

   3. The balance of the costs of service (see cost schedule) shall usually be paid after arranging binding and prior to receiving the final biography.

   4. Travel costs of 80c per kilometre shall be paid by the Customer as laid out in the costs schedule.

   5. Payments will be made by bank transfer (credit/debit card online), cheque or cash.

7. Customers Obligations

   1. To enable the Supplier to perform its obligations, the Customer shall:

   2. Co-operate with the Supplier

   3. Provide any information requested by the Supplier unless otherwise agreed not to

   4. Provide accurate details to the best of their knowledge

   5. Keep the supplier notified of any change of address or circumstances that might affect the supply of Services

   6. Comply with any other agreements mutually agreed between Supplier and Customer

   7. Comply with any agreement regarding publication and ownership of intellectual property

   8. Suppliers Obligations

   9. The Supplier shall perform the services with reasonable skill and care and to a reasonable standard in accordance with recognised academic standards

   10. The Supplier accepts responsibility for any equipment used in the provision of the service and shall ensure that equipment is serviced regularly and useful to the task

   11. The Supplier accepts responsibility for any items (photos, letter, diaries, ephemera) loaned to the Supplier for the purpose of supplying the Service and agrees to store and protect these with the upmost care

   12. Delivery of the Service will be within three weeks after payment of the balance and the agreed date of delivery unless otherwise arranged by the Supplier

   13. All draft copies of the biography will be destroyed on completion of the Service Agreement

   14. Limitation of Liability

   15. Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury. However, the Supplier shall not be liable for any direct loss or damage suffered by the Customer as a result of negligence, breach of contract or otherwise in excess of the price of service

   16. The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, reputational damage, or economic loss suffered by the Customer howsoever caused, as a result of negligence, breach of contract, misinterpretation, or unintentional disclosure that breaches any other contract that the Supplier is not a party to.

   17. Cancellations of Service

   18. The Supplier will invoice the Customer for Services provided to the date of cancellation in keeping with the costs schedule

   19. The Customer will pay for services to the date of cancellation in keeping with the costs schedule

   20. Both parties will destroy any agreements or information gathered prior to the cancellation on payment of all outstanding invoices.

   21. Force Majeure

   22. Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside of its reasonable control, including but not limited to illness and sickness, acts of God, lock outs, accidents, war, fire, breakdown of equipment or shortage of supplies (including delays caused by subcontractors; printers and binders) and the parties shall be entitled to a reasonable extension of its obligations

   23. In My Lifetime Biography Services Property

   24. 9.1 The Services provided by In My Lifetime Biography Services (“the biography”) may not be copied, reproduced or published without prior consultation and written agreement by the Supplier

   25. Severance

   26. If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable eliminated.

   27.  Governing Law

   28. These Terms and Conditions shall be governed by and construed in accordance with the Law of New Zealand and the parties hereby submit to the exclusive jurisdiction of the New Zealand courts