STANDARD TERMS AND CONDITIONS OF SERVICE
1. GENERAL
These terms and conditions govern all interactions and transactions between Ashley Clark , trading as “EXERCISE PSYCHOLOGY” (hereinafter referred to as “EXERCISE PSYCHOLOGY,” “we,” “us,” or “our”) and you, the customer (hereinafter referred to as “you” or “your”).
a) EXERCISE PSYCHOLOGY accepts the client’s order and instructions on these terms and conditions (“the terms”) which terms (together with EXERCISE PSYCHOLOGY acceptance and fee sheet) constitutes the entire agreement between EXERCISE PSYCHOLOGY and the client (except to the extent which some terms are modified in writing and signed by both parties) and it is expressly agreed that there are no other understandings, representations or warranties of any kind (express or implied) forming part of this contract. These terms may also be referred to as ‘terms of the appointment’.
b) Any variation, waiver or cancellation of the terms shall be of no effect unless accepted in writing by EXERCISE PSYCHOLOGY.
c) If any of these terms or part thereof are held to be invalid, illegal, unenforceable, or void for any reason, all of the remaining terms (or part thereof) shall remain in full force and effect.
d) The client agrees that in the event of default of settlement of any account due, the client shall pay upon demand, all reasonable costs, charges and legal expenses (including costs between solicitor and own client) including any collection costs incurred by EXERCISE PSYCHOLOGY in recovering the outstanding account from the client.
e) Before any proposed services begin, it is agreed that EXERCISE PSYCHOLOGY and the client have agreed the terms of appointment, which may include but not be limited to: (a) scope of work (b) allocation of responsibilities (c) any limitation of responsibilities (d) fee, or method of calculating it, and terms of trade (e) any provision for terminations (f) any provision for professional indemnity insurance required for the specific work contemplated.
2. PRICE AND TERMS OF PAYMENT
a) EXERCISE PSYCHOLOGY’s processes are subject to alteration without notice and the price payable by the client for the services ordered shall be the price agreed to between EXERCISE PSYCHOLOGY and the client (the quoted price) or in the absence of such an agreement the price at the date the services are provide. The onus is on the client to confirm prices prior to delivery of service. Quotations are given on the basis of immediate acceptance and are subject to the right of withdrawal or revision.
b) Fees will be calculated and agreed with the client before work progresses. Fees may either be fixed or variable depending on the nature of the service. Interim invoices will be issued as work progresses. EXERCISE PSYCHOLOGY will advise the client of estimated cost for each stage before such work commences.
c) EXERCISE PSYCHOLOGY prices referred to in the contract and in any quotation which may have formed the basis of this contract are exclusive of goods and services tax (unless stated otherwise). The client shall pay Goods and Services Tax on the goods and/or services the subject of this contract, as invoiced by EXERCISE PSYCHOLOGY.
d) All accounts are due for payment on the day immediately following the services being provided.
e) Without prejudice to its rights to sue for payment or exercise any other remedy where any payment is not made by the due date EXERCISE PSYCHOLOGY may:
i) Charge the client interest on the amount outstanding at the rate equal to 2.5% per month or part month (accruing daily) from the due date of payment until payment is received by EXERCISE PSYCHOLOGY but the charging of interest does not extend the time for payment nor imply any forbearance to sue or otherwise recover overdue monies.
ii) Demand payment of the arrears as well as payment in advance for an undelivered services before proceeding with making any further delivery of services under this contract.
iii)Rescind this contract and the client shall not be entitled to demand or enforce delivery of any or instalment of services under this contract.
f) Late payment will result in forfeiture of any discount offered. All monies received will be applied against the oldest outstanding invoice.
3. DELIVERY OF SERVICES
a) Where EXERCISE PSYCHOLOGY acknowledges an order which provides for service delivery by instalments, EXERCISE PSYCHOLOGY shall be entitled to payment for each instalment delivered (as if it were a separate contract) but failure to deliver any instalment shall not entitle the client to repudiate the contract as to any remaining instalments.
b) Any quotation of service delivery times by EXERCISE PSYCHOLOGY are made in good faith but as estimates and not commitments. EXERCISE PSYCHOLOGY shall not be bound by such estimates.
c) Where a client requests an outbound appointment or service, EXERCISE PSYCHOLOGY reserves the right to charge mileage, calculated at the current IRD rate plus GST (if any). Where mileage is intended to be calculated and charged, this will e communicated with the client before the mileage is accrued.
4. HOURS OF AVAILABILITY
EXERCISE PSYCHOLOGY will endeavor to be available between the hours of 9AM and 3PM Tuesday to Friday, excluding public holidays. These hours are subject to change and current hours of availability are available on Google Maps or our website at www.exercisepsychology.co.nz
5. CESSATION OF SERVICES
If EXERCISE PSYCHOLOGY reasonably believes they can no longer provide service to the client and/or it is in the best interest of the client to cease providing services then EXERCISE PSYCHOLOGY will communicate the withdrawal to the client and any fees paid for services yet to be rendered will be refunded to the client.
6. DISPUTES
If you are not satisfied with our services we will endeavour to resolve this with you in the first instance. If we cannot resolve the dispute you maybe referred to the disputes tribunal https://www.disputestribunal.govt.nz/how-to-make-a-claim/ In the event that any part of the invoice is disputed the amount not under question shall be paid according to applicable payment terms. Any claim arising from this Agreement shall be limited to the value of the aggregate fees payable under the Agreement or $1000.00, whichever is the lesser. The client waives the right to make any claim if not made within fourteen (14) days of service delivery.
7. OWNERSHIP
a) Ownership of all intellectual property in services contracted is retained by EXERCISE PSYCHOLOGY until full payment is received for all amounts owing (including any default interest pursuant to clause 2(e) and enforcement and legal costs pursuant to clause 1(d)).
b) EXERCISE PSYCHOLOGY shall be entitled forthwith to cancel the client’s rights under these terms by notice to the client if the client defaults in payment on the due date, time for which is strictly of the essence or fails to comply with any of these general conditions or any terms of any particular contract of sale between EXERCISE PSYCHOLOGY and the client, or if EXERCISE PSYCHOLOGY receives any information which, in the opinion of EXERCISE PSYCHOLOGY, indicates uncertainty as to the client’s ability to meet its financial commitments. The right of cancellation under this clause is in addition to any other right of cancellation EXERCISE PSYCHOLOGY may have whether pursuant to these terms or any particular contract of sale, or any statute or at common law or in equity.
c) If cancellation occurs pursuant to clause 7(e), or upon cancellation pursuant to any other right, the client hereby gives EXERCISE PSYCHOLOGY irrevocable authority, without prejudice to any other rights or remedies of EXERCISE PSYCHOLOGY, to give notice to any third party of EXERCISE PSYCHOLOGY rights pursuant to these terms and of the exercise of any of EXERCISE PSYCHOLOGY rights or remedies and the client shall have no claim against EXERCISE PSYCHOLOGY for any loss, direct or indirect, suffered by the client as a consequence of such notice being given by EXERCISE PSYCHOLOGY.
8. LIABILITY
a) The client shall ensure that the services ordered are fit and suitable for the purpose for which they are required and EXERCISE PSYCHOLOGY is under no liability if they are not. Further, the client shall ensure all information provided to EXERCISE PSYCHOLOGY is accurate and reliable and EXERCISE PSYCHOLOGY shall be entitled to rely on such without reservation or need to independently verify such.
b) Any advice, recommendation, information, assistance or service (“client information”) provided by EXERCISE PSYCHOLOGY in relation to the agreement is given in good faith and is believed to be appropriate and reliable. Any client information provided and any statements or representations made by EXERCISE PSYCHOLOGY in relation to any services supplied by EXERCISE PSYCHOLOGY are provided or are made without liability or responsibility on the part of EXERCISE PSYCHOLOGY and this provision precludes an court from enquiring or determining the questions referred to in Section 4 of the Contractual Remedies Act 1979.
c) The client’s rights under this contract are not assignable without the prior written consent of EXERCISE PSYCHOLOGY.
d) EXERCISE PSYCHOLOGY shall not be liable for any loss, injury or damage suffered by the client during the term of the contract or subsequently whether caused by negligence or otherwise, and whether the cause of damage, injury or loss is known or unknown to EXERCISE PSYCHOLOGY.
e) In lieu of any warranty, condition or liability implied by law (and to the maximum extent permitted by law), EXERCISE PSYCHOLOGY’s liability for any loss, injury or damage is limited to the value of the fees accrued under the agreement or 1000.00, whichever is the lesser. The client hereby acknowledges and agrees that this is the maximum level of indemnity available from EXERCISE PSYCHOLOGY or the owner.
f) EXERCISE PSYCHOLOGY or its principles and/or employees may hold professional qualifications and memberships, however all services provided under this agreement are subject to the liability limits described in these terms.
g) EXERCISE PSYCHOLOGY takes no responsibility, and offers no liability, for any health and safety matters relating to any services undertaken for the client. The client must obtain their own specialist health advice, the information received under this agreement must not be used in place of a visit, call, consultation with, or advice from the client’s own health professional. The client agrees and acknowledges that they will never disregard medical advice or delay in seeking medical advice because of advice or information received from EXERCISE PSYCHOLOGY.
h) EXERCISE PSYCHOLOGY on occasion may offer recommendations or suggestions as to other parties and professionals. EXERCISE PSYCHOLOGY or its coach shall not be liable for any loss, injury or damage suffered by the client due to these parties’ acts or omissions, should the client choose to engage their goods or services.
i) The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the client acquires services from EXERCISE PSYCHOLOGY for the purpose of business.
9. FORCE MAJEURE
EXERCISE PSYCHOLOGY shall not be liable to the client for any loss, injury, or damage directly or indirectly by an act of God, fire, armed conflict, labour dispute, civil commotion, intervention of a Government, inability to obtain labour, materials or manufacturing facilities, accidents, interruptions of or delay in transportation or any other cause beyond EXERCISE PSYCHOLOGY’s control.
10. APPLICABLE LAW
These terms are governed and construed in accordance with New Zealand law.
11. PRIVACY ACT 1993
All information you give to us will be confidential. Such information will only be disclosed when necessary to give effect to your instructions, where required by law, or in the situations described below. While EXERCISE PSYCHOLOGY respects your rights under the Privacy Act 1993 you explicitly agree and allow EXERCISE PSYCHOLOGY to contact relevant specialists, organisations, or agencies if there is reasonable concern relating to harm to self or others or concerns regarding child protection. For clarity, EXERCISE PSYCHOLOGY may need to contact the New Zealand Police, General Practitioners, Hospitals, Dietitians, and/or other services. EXERCISE PSYCHOLOGY will refrain from transmitting personal information unless authorised by the client or in the opinion of EXERCISE PSYCHOLOGY it is necessary to prevent harm to self or others.
12. CODE OF ETHICS
EXERCISE PSYCHOLOGY endeavours to abide y the ‘Code of Ethics for Psychologists Working in Aotearoa/New Zealand’ as prescribed by The New Zealand Psychological Society.
Notwithstanding this, the client hereby agrees and acknowledges that
EXERCISE PSYCHOLOGY is not providing the services hereunder as a registered psychologist or health professional and has no liability whatsoever for psychological or medical matters, which must be referred to the client’s independent psychologist or health professional.
See https://www.psychology.org.nz/members/professional-resources/code-ethics
13. INSURANCE
EXERCISE PSYCHOLOGY may maintain sufficient professional indemnity and public liability insurance as to be insured against all reasonable costs of providing the services hereunder, during the term of this contract and subsequently for such period as is legally required.