Terms and conditions of trade and use of this website.

1. Terms of Trade
1.1 Subject to a separate written agreement entered by the parties to the contrary, these terms and conditions apply to all arrangements for the supply of services and the product of such services (“the Services”) made between Monday Morning Limited T/A MondayMorning Ltd ("MondayMorning", “we”, “us”, “our”) and the Client (“the Client”, “you”, “your”).
1.2 Fees for MondayMorning services may be based on a time and disbursement basis or quoted on a per job basis.
1.3 Once you accept our quote or provide instruction to do work, these Terms of Trade apply to all services that we provide you.

2. Quotations
2.1 All costs quoted exclude GST and are valid for 21 days from the date stated in the quote.
2.2 Our quotation is based on the information you have provided to us. If anything changes from what you have told us we may cancel the quotation and supply you with another one.
2.3 If we incur additional costs because of changes to the original brief, we may charge you for this at our standard hourly rate.
2.4 Unless otherwise stated the standard hourly rate for MondayMorning services is $95 per hour (plus GST).

3. Payment of Accounts
3.1 You agree to pay us within 7 days from date of invoice, unless you have completed our credit application and been approved a credit facility as agreed between you and MondayMorning.
3.2 You agree to pay us any progress payments invoiced at the end of each month as work is completed.
3.3 All prices are $NZD unless specifically stated.
3.4 If you do not pay us on time, then we reserve the right to charge interest at 18% per annum on any outstanding fees.
3.5 If there is difficulty in settling any account, please contact us to discuss this with you.
3.6 You agree to pay all collection and/or court costs that are incurred to recover any overdue fees owed to MondayMorning.

4. Cancellation
4.1 If after placing an order with us, you cancel any Services prior to delivery, we may invoice you for all direct and indirect costs incurred by us to the date you notify cancellation.
4.2 MondayMorning may cancel any service without notice if your account is not paid on time; you have breached these Terms of Trade; acted unlawfully or breached any other operational rules.

5. Liability
5.1 MondayMorning shall not be liable to you for any direct or consequential loss, damage, or expense incurred by you or anyone else as a result of or in connection with the Services unless the loss or damage arises directly as a result of our gross negligence or willful misconduct.  In any event, our total aggregate liability to you under or in connection with this Agreement shall not under any circumstance exceed an amount equal to the total sum paid by you to us in relation to this Agreement.
5.2 You indemnify us against any liability for any direct, indirect or consequential injury, loss or damage arising out of any act, default or omission of, or any representation made by you or your servants or agents.
5.3 MondayMorning shall not be liable for the commercial or technical performance of the Services.

6. Confidentiality and Privacy
6.1 Confidential Information includes all business, personal, strategic and technical information or data, in any form whatsoever, disclosed to or received by you pursuant to the delivery of the Services (whether in writing, verbally, or by any other means and whether directly or indirectly). This includes, by way of example and not limitation, the terms of this Agreement, all information pertaining to the affairs, polices, products, software, operations, processes, costings, pricing methods, personnel, plans or intentions, product information, know-how, intellectual property, design rights, trades secrets, market opportunities and business affairs of MondayMorning
6.2 Any and all Confidential Information received by you from us shall be held and kept confidential by you and shall be used by you solely for the strict purpose of performing your obligations pursuant to the Agreement.  Confidential Information shall not be disclosed by you to any third party except with, and on the terms of, prior written consent of MondayMorning or as required by law.
6.3 MondayMorning’s Confidential Information remains our property and no right, entitlement or interest in our Confidential Information is extended or conveyed to you.  At our request, and upon termination of this Agreement, you must ensure that all our Confidential Information is either destroyed or returned as requested, and must, if requested by us, forthwith certify in writing that this has occurred.
6.4 Where MondayMorning discloses your personal information to its agents or sub-contractors for these purposes, the agent or sub-contractor in question will be obligated to use that personal information in accordance with the terms of this privacy statement.
6.5 In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, MondayMorning may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.
6.6 This website contains links to other websites.  MondayMorning is not responsible for the privacy policies or practices of any third party.
6.7 Information about you may be collected by MondayMorning in the course of doing business including, but not excluded to, registration for events and webinars. MondayMorning can use this information to communicate and promote its services directly to you. MondayMorning will not pass your information on to any other party unless for the express purpose of fulfilling its obligations under our agreement.
6.8 The terms of this Confidentiality clause shall survive the termination of this Agreement.

7. Intellectual Property
7.1 Unless otherwise agreed in writing, all intellectual property in, and relating to the Services (including inventions, patents, trademarks, copyright, know how, designs, trade secrets and other proprietary rights or forms of intellectual property, and information confidential to us) and any alterations, additions or amendments to intellectual property shall remain the property of MondayMorning, or of a third party as notified to you by us, and shall not be disclosed to any other person without our written consent.
7.2 We will retain ownership in all our data provided to you as part of the work. You will not provide, supply or otherwise make available such data to any other party without our written agreement.
7.3 Notwithstanding anything to the contrary in this agreement, we will retain all ownership in all data collected as part of the Services. We may use such data as we see fit, including building other products or services.
7.4 You agree to take all reasonable steps to protect our intellectual property and ownership rights.
7.5 The terms of this Intellectual Property clause will survive termination of this Agreement.

8. Use of this Website
8.1 MondayMorning will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website.
8.2 This website is provided “as is” without any representations or warranties, express or implied.  MondayMorning makes no representations or warranties in relation to this website or the information and materials provided on this website.
8.3 By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.