These Terms and Conditions govern the relationship between Precocity Research Limited, a New Zealand company, and you, the client, for the provision of consulting services. By engaging our services, you agree to be bound by this Agreement.
1. Acceptance of Terms
By engaging our consulting services, you accept and agree to comply with this Agreement. If you do not agree, you must not engage our services.
2. Consulting Services
We provide the following consulting services to commercial and government clients in Australia and New Zealand, including local councils, utilities, enterprises, and government agencies:
- AI strategy development.
- Data architecture design.
- Smart Networks and Smart Meters; and
- Cloud Architecture and Security.
Services are delivered through day-rate engagements or fixed deliverables, as specified in written agreements. We may engage subcontractors or partners to deliver services, as disclosed in written agreements.
3. Commercial Use
Our services are intended solely for commercial and government use by clients acting in trade, such as local councils, utilities, enterprises, and government agencies. You warrant that you are engaging our services for commercial or governmental purposes and not for personal, domestic, or household use. Services and deliverables may not be used for non-commercial purposes without our prior written consent.
4. Payment Terms
Prices are quoted in New Zealand dollars (NZD), exclusive of Goods and Services Tax (GST) unless stated otherwise. Payment terms are:
- Day-rate engagements: Invoices issued monthly, due within 20 days.
- Fixed deliverables: Payments due as agreed in writing, typically upon milestone completion or delivery.
If payment is not received within 20 days of the due date, we may suspend or terminate services and charge interest at 1.5% per month, calculated daily, in accordance with the Interest on Money Claims Act 2016.
5. Travel
Travel time and costs will be billed to you only if approved in writing prior to incurring such costs.
6. Delivery of Services
We will deliver services, such as reports, plans, software, models, or dashboards, digitally or as agreed in writing. We strive to meet agreed timelines but are not liable for delays caused by events beyond our control (see Force Majeure).
7. Intellectual Property
We own all intellectual property rights in our proprietary tools, methodologies, and any products (e.g., software or hardware) developed for general availability. Intellectual property in deliverables created during consulting engagements, such as software, models, or dashboards, belongs to you upon full payment, unless otherwise agreed in writing.
8. Confidentiality
Both parties agree to keep confidential information private and not disclose it to third parties, except as required by law. This obligation survives for five years after termination of this Agreement.
9. Conflict of Interest
We will not engage in any activity that creates a conflict of interest with our obligations to you without your prior written consent.
10. Privacy
We collect, store, and process personal information in compliance with the Privacy Act 2020. See our Privacy Policy for details.
11. Force Majeure
We are not liable for delays or failure to perform obligations due to events beyond our reasonable control.
12. Termination
Either party may terminate this Agreement by providing 30 days written notice.
13. Governing Law
This Agreement is governed by and construed in accordance with the laws of New Zealand.
14. Dispute Resolution
Any dispute arising from this Agreement will first be addressed through good-faith mediation.
15. Cancellation and Refunds
You may cancel this Agreement with 30 days written notice. If cancelled, you are liable for fees for services rendered up to the cancellation date.
16. Service Warranty
We warrant that services will be performed with reasonable care and skill.
17. Subcontractors
We may engage subcontractors to deliver services, as disclosed in writing.
18. Entire Agreement
This Agreement constitutes the entire understanding between the parties and supersedes all prior negotiations, representations, or agreements.
19. Changes to Terms
We may update these Terms and Conditions from time to time. Updated terms will be posted on our website, and continued engagement with our services constitutes acceptance of the revised terms.