Please read these T&Cs carefully: they are the backbone of all contracts with PBwriters.
Terms
“PBwriters” refers to a trading entity of that name and to all contractors to that entity.
“The principal” refers to the person operating the PBwriters trading entity.
Preamble
These terms and conditions underpin any business relationships formed between PBwriters and clients. They deal with common business contract agreements but are not exhaustive. Matters which arise but are not specifically dealt with by these terms are expected to be dealt with by applying principles of fairness and equity and to be concluded by both parties acting in good faith. Unless otherwise agreed payment is always made prior to handing over completed work.
The Terms and Conditions
1. PBwriters.co.nz is the internet domain name of a private company PBwriters operating in Dunedin, New Zealand. The domain name and the company are owned by Peter Buckingham (“the principal”). The nature of the business is to supply editing, proofreading, technical writing and some IT services for a fee. Neither the company nor the principal is currently GST registered.
2. From time to time the principal may decide to contract other parties to complete editing, proofreading, writing or other tasks for reasons of time, specialist expertise, workload or any other reason on the understanding that such use of third parties will lead to a better professional outcome within the cost structure agreed to between the principal and clients.
3. Material submitted to PBwriters or created on clients’ behalf by the principal or other contractors to the principal will be held to be confidential to PBwriters and the client/s.
4. PBwriters undertakes to complete all tasks to a professional standard. If after a contract has begun the principal forms an opinion that a professional or fit-for-purpose standard is not able to be achieved by the principal or contractors to the principal then the contract will be terminated provided that where a usable part-work has been completed then a pro-rata fee will be paid by the client/s to PBwriters in respect of that part work.
5. PBwriters and its principal are not responsible for disadvantages, torts, defamations or actual damages arising during the contract work or subsequent to the handing over to clients of completed work or at the end of a contract whether those disadvantages, torts, defamations or actual damages arose from the action/s of the principal or contractors to the principal or the client/s. Ownership of and responsibility for the content of the work belongs to the client/s in all cases.
6. The principal undertakes to complete contracts efficiently but does not ordinarily guarantee the completion of contracts by set dates. In contracts which rely upon an end date, PBwriters undertakes to complete work by that date only if this condition is specifically included in the contract between PBwriters and client/s and includes an agreed penalty statement. The principal reserves the right to negotiate for an extraordinary fee based on extraordinary conditions.
7. The principal reserves the right to terminate a contract and demand a pro-rata or full fee if clients unilaterally and substantively change a contract in progress. Alternatively, the principal may choose to agree to renegotiate a contract if clients unilaterally and substantively change a contract in progress.
8. Where a dispute arises the principal expects in the first place to be able to enter good-faith negotiations with client/s. The matter if unresolved should then be taken to a neutral third party for mediation: and if then unresolved should be taken by one of the parties to The Disputes Tribunal of New Zealand for final determination. In all cases of dispute the responsibility of PBwriters and the principal is absolutely limited to the value of fees stated in the contract.
9. Except as negotiated otherwise no credit is extended for tasks and clients are expected to make full payment prior to uplifting completed work. Where clients choose to use methods other than direct bank payment or transfer, all costs associated with those methods are to be borne by the client/s. Except as negotiated otherwise all contracts and fees are payable in New Zealand dollars to the New Zealand bank account of the principal.
10. These terms and conditions are written in the belief that they conform to New Zealand law. No deliberate attempt is made in these terms and conditions to limit the lawful and consumer rights of clients or the principal or contract writers or PBwriters. If these terms and conditions do not conform as intended then New Zealand law always supersedes them.
