AvPlan Terms of Business

The client accepts that the following clauses 1, 2, 3 and 4 shall apply in the event of client engaging AvPlan limited (“AvPlan”) for any work, except as varied by mutual written and signed agreement for each signed client purchase order.

1. Charges for work

   1. An hourly and daily time charge or fixed charge will be provided upon client’s request for quotation for a particular task or project.
   2. In the event offsite work is required, travel will be recharged at cost on an economy basis up to 8 hours flight time. Business class travel recharged at cost for flight times beyond 8 hours.
   3. Accommodation invoices and incidental transport recharged at cost.

2. Limitation of liability in relation to any work performed by AvPlan

   1. AvPlan has no liability for loss or damage to client which arises directly or indirectly as a result of work performed by AvPlan for client whether such liability arises in contract, tort or otherwise for any amount in excess of the moneys paid by client to AvPlan in respect of such work. In no circumstances will AvPlan have any liability to client whatsoever for any indirect or consequential loss or damage, or for any loss of profits, lost goodwill or reputation or lost opportunity (whether direct or indirect).
   2. Client agrees to hold AvPlan and any of its staff or associates harmless from and against any claims by any third parties, irrespective of the nature of the claim, arising from any third parties’ use of work, reports or advice provided by AvPlan to client where client and AvPlan have authorised such third party use in writing.
   3. The consulting work done for the client by AvPlan will be done in accordance with good practice and to the best ability of AvPlan, and will always be intended to be conducted within the costraints of any national and international laws applicable. The project work undertaken by AvPlan may at times be specialised in nature and novel in nature including a venture into innovative and unknown areas of market research or business. Unless otherwise agreed in writing beforehand, intellectual property rights for developments made for a clientwill be owned jointly by client and AvPlan but for the avoidance of doubt any intellectual property belonging solely to a party prior to the performance of work under these conditions of engagement shall remain the sole property of that party. The client and AvPlan shall each be free to use the information developed by AvPlan for client or set it aside for whatever reason as the client or AvPlan respectively wishes.
   4. Client agrees to pay invoices served for work done in full and in accordance with the payment terms on the invoice, and without offset against any other matter. Standard terms are net 14 days, unless otherwise agreed in writing.

3. Confidentiality

   1. Confidentiality required by a client will be respected by the directors and staff of AvPlan in all work undertaken, and the client agrees to extend equal confidentiality in return to AvPlan for information not already demonstrated to be in the public domain.
   2. Confidentiality will remain a mutual obligation except in case of any requirement to divulge information issued by a valid government agency.

4. General

   1. Nothing in these conditions of engagement shall create or constitute or be deemed to create or constitute a partnership between the parties or create or constitute or be deemed to create or constitute a party as an agent for the other party for any purpose whatsoever.
   2. These conditions of engagement and any work performed by AvPlan shall be subject to and governed by the laws of New Zealand.