Terms of Trade

Disbursements
Travel will be agreed upon as required. Travel costs will be charged at $1.04 per km as per the IRD guidelines. Any other disbursements will be confirmed with you in advance.

Rates

When determining our rate structure we take the following into account:

• The skill, experience, specialised knowledge, and responsibility required to meet the objectives

• The nature of the project and the risks involved (and the impact of the project being undertaken successfully)

• The urgency and circumstances in which the project/services are undertaken

• The length of the contract period; and

• The complexity of the matter and the difficulty or novelty of the issues involved.

We occasionally review our rates and if these change, we will inform you in writing.

Payment

Invoices will be sent at the end of each month for payment on the 20th of the month following. Project deposits will be discussed separately to these terms and any payments for these will be due ten calendar days after being sent. In the event an invoice is not paid within the timeframe, a reminder notice will be issued and full payment will be required within ten calendar days.

If the payment is not made within ten calendar days then the invoice will be referred to a debt collection agency and interest will be charged on the outstanding amount at a rate of 2% per calendar month. You will be liable for all costs incurred by Little & Loud in enforcing its rights under this agreement including, but not limited to, any debt collection charges, court costs and legal fees on a full indemnity basis.

If a project is cancelled, Little & Loud will charge for work to date, or as outlined in the agreement.

External suppliers

Little & Loud will work with your preferred suppliers of design, photography, videography, and print production wherever possible, however Little & Loud will not be held responsible for any delays or the quality of product from these suppliers. If you do not have a preferred supplier, we have a network of other professionals that we can recommend to you.

Proofing

You have final sign off on all collateral and communications. While we will always do our best to avoid any errors through our own proofing process, any errors or contextual information not picked up during sign off will be your responsibility.

Scope

All changes to the scope of a project (content, tasks, deadlines, budget) must be confirmed with Little & Loud in writing. Little & Loud have the right to provide a new estimate based on changes in scope. You agree to provide Little & Loud with access to all information and people necessary to complete the work in a timely manner.

Disputes

Any issues regarding the day-to-day actions around the development of the project can be raised in person with your primary contact. Both partners operate under strict confidentiality, and will advise as soon as possible if any conflicts of interest arise.

Intellectual Property

All works created by Little & Loud for you should be used for the purpose intended, and not onsold without prior written agreement.

Little & Loud gives you copyright ownership of services provided by Little & Loud, however Little & Loud retains all intellectual property rights as well as copyright ownership for anything beyond the scope of the provided services.

Little & Loud has the right to refer to any bodies of work completed in promotional channels or materials (social media, collateral, website), however will always receive your permission in writing before doing so.

Confidentiality

You and Little & Loud both agree at all times to keep secret and strictly confidential all information shared between the parties during this agreement. This does not apply to information intended to be released into the public domain as part of the provision of the services.

Issues

Any issues regarding the day-to-day actions around the development of the project can be raised in person with your primary contact at Little and Loud. Little & Loud operates under strict confidentiality, and will advise as soon as possible if any conflicts of interest arise.

Indemnity

Little & Loud shall not be liable to you for any indirect damages or loss (including but not limited to loss of profits, anticipated savings, economic loss or any consequential damages whatsoever) whether for negligence, breach of contract or otherwise. In any event, the liability of Little & Loud shall be limited to the fees charged under the agreement.

Privacy Act 2020

Little & Loud may during the course of the agreement collect, use, store and disclose information about you for the purposes carrying out the services and such other purposes identified by Little & Loud in the supply of the services to you. Accordingly you acknowledge and consent to this occurring. You may view Little & Loud’s privacy policy at any time.

Notice Period

You or Little & Loud may give notice to terminate the working relationship outlined in the agreement by providing 14 days advance notice in writing to the other party. If you terminate due to delay in completion of the services then Little & Loud reserves the right to invoice for services provided up to the date of termination.

Little & Loud may terminate this agreement forthwith, by notice, if you have breached any of the terms of the agreement and fails to remedy the breach to the satisfaction of Little & Loud, acting reasonably, within 14 days of receipt of notice in writing from Little & Loud requiring the breach to be remedied. Termination of this agreement shall be without prejudice to the rights and obligations of the parties prior to termination. Termination shall also be without prejudice to any of the provisions of this agreement which are expressed to survive termination.

If a project is cancelled, Little & Loud will charge for work to date, or as outlined in the agreement.

Termination for Force Majeure.

Either party may terminate this agreement by giving not less than 14 days notice in writing to the other party in case of a Force Majeure Event.

A Force Majeure Event occurs when the parties are unable to perform their obligations under this agreement because of an event outside the parties control such as an act of God, fire, act of government, war, civil commotion, pandemic, state of emergency or the closing of the country’s borders.

On the issuing of the termination notice for a Force Majeure Event, Little & Loud shall tender their invoice for Services under this agreement to date and once payment has been made in full the agreement shall come to an end.