SALES BY DESIGN TERMS & CONDITIONS
Last Updated 17/06/2017
The following terms and conditions are provided to you for and on behalf of Kinetic Planning (2007) Ltd. also trading as MikeBarnesCoach.com
By accessing or using any part of the ‘Sales by Design’ on-line course you agree to be bound by these terms. If you disagree with any part of the terms then you may not access the service.*
All fair and reasonable efforts have been made by Kinetic Planning (2007) Ltd to inform you of the nature and suitability or otherwise, of the content within the coaching material, to assist you in your business interests.
You were invited to seek clarification on any points, resulting from verbal or written material, of which you are unsure, prior to your agreement to enter into Terms of Engagement with Kinetic Planning (2007) Ltd.
The decision to proceed with the coaching programme was made by you with the full understanding that, due to the nature of the industry that you operate in, any improvement in business performance will require a change in business habits and personal application which will require time to master and, as with any business activity, contains elements of natural business risk.
The interpretation and governing laws which preside over these terms is New Zealand general and statutory law. Any legal dispute must be settled within the New Zealand legal system exclusively.
Within these terms and conditions, unless a contrary intention appears:
A, Words denoting the singular number include the plural number and vice versa and abbreviation of the word “Limited” in reference to company name may be stated as “Ltd”.
B, A reference to any party under these terms or any other document or arrangement subsequent or prior these terms includes that party’s “Representative” which includes but is not limited to that party’s Officer/s or Director/s of, or Contractor/s to, or Employee/s of said Engaging Party..
C, Every agreement or undertaking expressed or implied by which more than one person agrees or undertakes any obligation and / or derives any benefit under these terms binds and is for the benefit of such persons jointly and severally.
D, Clause headings are for reference purposes only.
TERMS OF ENGAGEMENT
1. Service Provided
1.1 The service provided by Kinetic Planning (2007) Ltd is in relation to the coaching of sales techniques, consultancy concepts and organisational process. Whilst every care is taken in providing you with the most suitable techniques, no guarantee is offered or implied as to the subsequent business success or otherwise. The responsibility relating to the implementation or not of any material within the Sales by Design Programme, or any subsequent coaching based communications from Kinetic Planning (2007) Ltd, lies firmly with you and your client.
2. Terms Of Payment
2.1 The agreed fee of $37 +gst NZD is recognised as the full and complete cost of accessing the Sales by Design on line training course.
3.1 Unless otherwise agreed, Kinetic Planning (2007) Limited will retain the copyright of all original documents prepared by us.
3.2 The models, videos, templates and all other material contained within the Kinetic Planning (2007) Ltd 'Sales by Design’ may not be resold, (reproduced or transmitted in any form or by any means, electrical or mechanical, including photocopying, faxing, scanning and e-mail or by any information storage and retrieval system) to fellow professionals for the purpose of that firm consulting or deriving fees or income of any nature, without our prior consent in writing.
For permission write to; Kinetic Planning (2007) Ltd
7 Heathfield Avenue
3.3 You may of course use the on-line resource and material to generate revenue; which includes the sale of individual items of supplied resource to clients as part your consultation/advisory process.
4.1 All notices or other communications to be given under these terms shall be given at the recipient's last known place of address (or such other address within New Zealand if that party may have specified it in writing) and shall be deemed to have been duly given or made :
4.2 ( a) In the case of communication by letter on the third day after being posted by mail, correctly addressed and stamped;
( b )If given by hand on personal delivery to the recipient or to such address; and
( c ) In the case where communication is by email being transmitted with no indication of incomplete transmission to the recipient's last known email address. In the case of notice by email the email communication shall immediately be followed by the posting or delivery of an original notice as set out above.
5.1 These terms will be binding on and endure for the benefit of the parties and their respective successor's, executors and administrators.
6.1 All differences and disputes between the parties shall be submitted to the arbitration of a single independent arbitrator. Such arbitration will be carried out in accordance with the provisions of the Arbitration Act 1908 or any then statutory provisions relating to arbitration.
6.2 All costs relating to Arbitration, including but not limited to; Arbitrator fees and Venue hireage, shall be the responsibility of the party alleging the dispute until such time as the arbitration decision is found in their favour, at which time, that party may seek reimbursement of costs from the other party as part of their claim.
7. Entire Agreement.
7.1 These terms constitute the full agreement between the parties and shall supersede all prior negotiations, proposals and amendments whether oral or written with respect to the subject matter of the agreed terms and conditions.
8.1 No modification, alteration of, or addition to these terms shall be binding on the parties unless it is in writing and signed by each of the parties.
9. No Waiver.
9.1 No failure or delay on the part of any party in exercising any power or right under these terms shall operate as a waiver nor shall any single or partial exercise of such right or power include any other or future exercise of the same or any other right of power under these terms of engagement.
10.1 If any provision within these terms shall be or become or be held to be invalid, illegal or unenforceable by any court then:
( a ) Such provision shall not bind the parties but the illegality, invalidity or unenforceability of that provision shall not affect or impair the other provisions within these terms which shall remain in full force and effect; and
( b ) The parties shall use their best endeavours to substitute the illegal, invalid or unenforceable provision with a new provision in accordance with the intentions set out in these terms.
11. Relations Between Parties.
11.1 Both parties and their representatives shall ensure when dealing with each other that their actions towards each other are in accordance with the spirit and intention of the provisions within these terms and conditions.
12. Privacy Of Your Personal Information.
12.1 Kinetic Planning (2007) Limited will, from time to time, collect personal information such as name, surname, email address and contact phone number for the purposes of ensuring your confidential access to your programme. These measures are part of ensuring that only you may access your learning material. Such information and engagement analytics will be collected by Kinetic Planning (2007) ltd and may be used to enhance your learning experience or used to offer other relevant services available from Kinetic Planning (2007) Ltd and MikeBarnesCoach.com
12.2 Such information is able to be corrected by you in terms of the New Zealand Privacy Act 1993 and we will abide by the information privacy principles set out in the Act and all subsequent act amendments. At no time will any of your information be made available to any third party without your written consent to do so.
By accessing or using any part of the ‘Sales By Design’ on-line course you agree to be bound by these terms. If you disagree with any part of the terms then you may not access the service.*
The above terms have been provided for the benefit of both parties and has been authorised by me, for and on behalf of Kinetic Planning (2007) limited.
Signature Date 17/06/2017