Terms of service.
Effective Date: 1 September 2023
Acceptance of Terms
These Terms of Service ("Terms") govern your use of the contracting services provided by ERC Ltd ("we," "us," or "our") in the construction, labor, landscaping, and other contracting fields. By engaging our services, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, you may not use our services.
2. Services
2.1. Description:
We provide contracting services in the construction, labor, landscaping, and other related fields. Our services include but are not limited to providing skilled and unskilled workers, project management, consulting, and other services as mutually agreed upon.
2.2. Scope of Work:
The specific details and scope of work for each project will be agreed upon between us and the client. Any modifications or changes to the scope of work must be agreed upon in writing by both parties.
2.3. Subcontracting:
We reserve the right to subcontract portions of the work to qualified subcontractors, as necessary, to ensure the efficient and timely completion of the project.
3. Client Obligations
3.1. Cooperation:
The client agrees to cooperate with us and provide all necessary information, access to the project site, and timely responses to inquiries to facilitate the provision of our services.
3.2. Payment:
The client agrees to pay us the agreed-upon fees for the services rendered in accordance with the payment terms outlined in the project agreement or invoice. Payments are due within the specified timeframe, and failure to make timely payments may result in suspension or termination of services.
3.3. Debt Recovery:
If the client has fallen behind on payments and has not made arrangements with ERC Ltd for payment of unpaid bills, ERC Ltd may hand the client’s debt over to a debt collector. If the client is legally bound to pay or repay money under the contract, the client is expected to meet that obligation. ERC Ltd’s debt collectors must take reasonable steps to arrange with the client for the repayment of a debt. The client will need to discuss the client’s debt with collectors. The client will be responsible for any administrative fees and commissions charged by a debt collection agency.
4. Intellectual Property
4.1. Ownership:
Unless otherwise specified in writing, all intellectual property rights, including copyrights, trademarks, trade secrets, and other proprietary rights, associated with our services, remain the sole property of ERC Ltd.
4.2. Usage Restrictions:
The client agrees not to reproduce, modify, distribute, or create derivative works based on our intellectual property without our prior written consent.
5. Limitation of Liability
5.1. Exclusion of Damages:
To the fullest extent permitted by law, we shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or related to the provision of our services.
5.2. Indemnification:
The client agrees to indemnify and hold us harmless from any claims, damages, liabilities, costs, and expenses (including legal fees) arising from their use of our services, their breach of these Terms, or any violation of applicable laws or regulations.
6. Termination
6.1. Termination by Either Party:
Either party may terminate the services with written notice to the other party. Any termination shall not affect the rights and obligations accrued prior to the termination.
6.2. Termination for Breach:
We reserve the right to suspend or terminate our services immediately, without notice, in the event of a material breach of these Terms by the client.
7. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of New Zealand. Any disputes arising out of or relating to these Terms or the provision of our services shall be subject to the exclusive jurisdiction of the courts of New Zealand.
8. Amendments
We may modify or update these Terms from time to time at our sole discretion. The updated version of the Terms will be posted on our website with the revised effective date. By continuing to use our services after the changes have been made, you agree to be bound by the revised Terms.
9. Entire Agreement
These Terms constitute the entire agreement between you and ERC Ltd regarding the provision of our services and supersede all prior or contemporaneous agreements, communications, and negotiations, whether oral or written, between the parties.
10. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect to the maximum extent permitted by law.
11. Waiver
The failure of either party to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. The waiver of any breach of these Terms will not constitute a waiver of any other or subsequent breach.
12. Relationship of the Parties
The relationship between the client and ERC Ltd is that of independent contractors. Nothing in these Terms shall be construed as creating a partnership, joint venture, agency, or employment relationship between the parties.
13. Contact Information
If you have any questions, concerns, or inquiries regarding these Terms or our services, please contact us using the following details:
ERC Ltd
Address: 222A Forrest Hill Road, Forrest Hill, Auckland 0620
Phone: +64 21 056 1392
Email: jeanluc@erccontracting.co.nz
We will make reasonable efforts to respond to your inquiries within a reasonable timeframe.
By using our contracting services, you acknowledge that you have read, understood, and agreed to these Terms of Service. These Terms represent a legal agreement between you and ERC Ltd.
Last updated: 1 September 2023