T&Cs

1. These terms and conditions apply in respect of any estimates, quotations or design consultation services (Services) supplied by Carina Ferguson trading as No Buttercups (NB).  No other different or additional terms or conditions will be binding on NB unless expressly agreed otherwise by NB.

2. Except where stated otherwise, all pre-Services pricing provided by NB are estimates only and will be subject to change based on the actual time spent and costs incurred in preparing for and delivering the Services.  However, where any pricing for particular Services is expressed to be a quotation or fixed fee, such quotation will be valid for 30 days and will lapse if not accepted by the Customer in writing prior to such time.

3. NB reserves the right to correct any error or omission in any estimate or quotation.

4. Unless expressly stated otherwise, quoted prices are in New Zealand dollars and exclude GST and all other sales and value added taxes, which, where applicable, will be payable by the Customer in addition.

5. Commencement of the provision of the Services will be subject to NB’s receipt of a deposit of 50% of the estimated total cost of the Services. The Customer will be deemed to have accepted these terms by paying the deposit or any other amount to NB or otherwise instructing NB to commence work on any Services.

6. Deposits are non-refundable, except where NB falls ill or is unable to commence or complete the Services for personal reasons.  In such circumstances, NB will refund the deposit (less any costs and expenses reasonably incurred in performance of the Services) to the Customer.

7. NB will perform the Services with due care and skill, in accordance with all applicable laws and will use reasonable endeavours to achieve the desired results or design briefs of the Customer.  However the Customer acknowledges and agrees that, by its nature, the aesthetic appeal and quality of designs and artistic works are subjective in nature, and, to the extent permitted by applicable law, NB will not be liable for any failure of the Services to achieve the look or feel desired by the Customer.

8. The Customer must reimburse NB for any reasonable  expenses incurred by NB in performing the Services which have been agreed by the Customer.  On request, NB will provide copies of receipts or other evidence of such expenses

9. Upon completion of the Services, NB will invoice the Customer for the remainder of the total cost payable.  The Customer must pay any due amounts within 30 days of the date of the invoice.  NB may charge the Customer interest of 2% per month from the time any invoiced amounts are due until the date of actual payment, together with any reasonable costs and expenses incurred by NB in recovering any unpaid and overdue amounts.

10. Title in any deliverables provided by NB in performing the Services will pass to the Customer upon NB receiving full payment for the Services.  Should full payment not be received, NB retains all rights, title and interest in all deliverables purchased for, or supplied to, the Customer and all intellectual property rights in all designs, drawings, plans and works prepared in performing the Services.

11. NB will retain all rights, title and interest in all intellectual property rights owned by NB and existing prior to the commencement of the Services, or which are developed by NB in providing the Services or otherwise.  This means that NB may use, copy and develop mood boards developed for a Customer as it sees fit and may use  pictures, designs, drawings, images, videos or other depictions of the Services performed for the Customer and any work products, for the purposes of advertising and marketing the business of NB.  The Customer will be granted a royalty-free, worldwide, non-exclusive licence to use and copy the deliverables subject to NB’s receipt of full payment for the Services.

12. Any expected delivery or completion dates are estimates only.  While NB will endeavour to achieve requested delivery or completion timelines, to the extent permitted by applicable law, NB will not be liable for any loss or damage arising from a failure to do so.

13. NB may terminate the agreement with the Customer for the provision of the Services if the Customer is in breach of the agreement, the Customer is disrespectful or offensive towards NB or there is a dispute between the Customer and NB which NB reasonably considers cannot be resolved through reasonable attempts at negotiations between the parties.

14. If the agreement for the provision of the Services is terminated by either party for any reason before the Services are completed, NB may invoice the Customer for the reasonable costs and expenses incurred by NB in performing Services and purchasing any required third party products or services, up to and including the date of termination.

15.  To the maximum extent permitted by law, NB will not be liable for any delay or failure to perform the Services resulting from any cause beyond the reasonable control of NB.

16. These Terms are governed by the laws of New Zealand and the parties agree to the non-exclusive jurisdiction of the New Zealand Courts.