Virtual Marketers Limited Purchase Terms Agreement for Service.

1. CONTRACT FOR SERVICES

This agreement is to formally set out the terms of the agreement between Virtual Marketers Limited (The Contractor)

AND

The Client As Listed In The Virtual Marketers Quote For Services OR As Per The Small Biz Subscription Or One-Off Service Payment Details (The Client).

2. WHEREAS:
  1. The Contractor has agreed to provide marketing consulting & management services (hereinafter named The Service).
  2. The Client desires to engage the Contractor to provide the Service, and the Contractor has agreed to accept the engagement subject to the terms and conditions hereinafter provided.

    

3. DURATION OF AGREEMENT:

The term of this contract will commence upon the date the signed quote is received by Virtual Marketers, OR the date the email quote is digitally accepted by an email reply, OR in the case of Small Biz Subscription and One-Off Fundamental customers upon the date the first payment is made by The Client, and will run for the duration of the agreed-upon date or duration as per the signed quote, OR until proper notice is given under article 7 of these terms in the case of ongoing services, OR in the case of Small Biz Subscription customers until the Subscription is cancelled, OR in the case of One-Off Fundamentals customers until the term of the service is completed.

 

4. CONTRACTOR OBLIGATIONS:
  1. The Contractor shall carry out their Service to the best of their ability and to a standard acceptable to the Client. The individual Contractor has undertaken to provide the Service and may not subcontract the Service to any other party unless authorised by the Client in writing.
  2. Where the Contractor is authorised, the Contractor shall ensure that the party engaged is  suitably qualified. In this respect, the Client will be entitled to approve a list of proposed candidates along with their qualifications that may be involved in providing the service. Without prejudice to the generality of the clause headed "Termination" herein, the Client shall be entitled to terminate the additional contracted party forthwith if it is not satisfied with the professional skill of any or any alternative parties used or subcontracted by the Contractor. This, however, does not entitle the Client to cancel the contract in whole based on dissatisfaction of the output of a subcontractor provided by the Contractor.

 

5. FEES, TERMS AND RELATIONSHIP:
  1. During the duration of this agreement, the parties agree that the Contractor shall be an independent contractor and not the servant or employee of the Client.
  2. The Client is to pay the Contractor;
In the case of Marketing Teams or Temporary Resourcing customers:
  • ‍Services and agreed scope of work will be invoiced as per the Virtual Marketers Quote For Services provided with hours provided considered a minimum retainer for those services, and any additional hours required are to be agreed by the client prior to commencement.
  • Invoices are to be issued monthly. The payment will be due on the 20th of the month following the date of invoice.
In the case of Small Biz Subscription and One-Off Fundamentals customers:
  • ‍Services and agreed scope of work will be charged prior to work commencing via an online credit card payment.
  • Monthly subscriptions will be charged each month until cancelled in line with the original sign up date.
  1. As an independent contractor, the Contractor shall bear exclusive responsibility for the payment of Income Tax & GST received under this agreement.
  2. The Client agrees to the Contractor using their logo on their public website and in sales proposals as “Current Clients” of Virtual Marketers Limited.
  3. We reserve the right to charge interest on overdue accounts at the rate of 1.5% per month, and that all accounts are due for payment by the Due Date specified on invoices. The charging of such interest will be at our discretion.

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 6. CONFIDENTIALITY:

The Contractor agrees not to disclose any information to third parties relating to the Client’s business that they, or their company, obtains during, or subsequent to the service under this contract. It is hereby agreed by both parties that no publication of the works, or the results of it, shall be made by either party without written consent.

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7. TERMINATION:

This contract may be terminated by either party without cause by giving 1 month notice in writing. In the event of improper conduct by the Contractor, or failure to comply with the terms hereof to the satisfaction of the Client, the engagement may be terminated without notice in which case no remuneration or compensation will be paid for any unexpired portion of the engagement and payments pro-rata shall be made according to work actually carried out by the Contractor to the satisfaction of the Client. The agreement may be terminated by the Client immediately in writing:

  1. If the Contractor shall become of unsound mind.
  2. If the Contractor shall have committed any serious breach or repeated or continued (after warning) material breach of her obligations hereunder or shall have been guilty of conduct tending to bring themselves or the Client into disrepute.

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8. ARBITRATION:

Any dispute or difference which arises or occurs between the parties in relation to any matter in connection with this agreement shall be referred to mediation.

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9. RESTRAINT:

The Client shall not for a period of six (6) months from completion or termination of the assignment, seek to receive or receive services directly or indirectly from the Contractor without the prior approval of Virtual Marketers Limited. If you engage or employ the Contractor within six months of the completion of this assignment, then you agree to pay a full fee for the engagement as per Virtual Marketers Limited’s standard terms of service for the provision of the previously contracted services. This fee would be for one full month's services provided.

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If you have any questions on these terms please contact fran@virtualmarketers.co.nz.