These Terms of Trade cover the commercial side of working with Kiwi Dynamics: how we quote, how we invoice, and what happens when an invoice is not paid. They form part of our Terms and Conditions and apply to every quote and statement of work we issue.
Where your signed statement of work sets a different price, schedule or payment term, the statement of work wins on that point.
Quotes And Estimates
- A quote is a fixed price for the scope it describes. An estimate is our best forecast and may change as the work becomes clearer, and we will tell you before it does.
- A quote is valid for 30 days from the date on it unless it says otherwise.
- A quote is accepted when you sign it, sign a statement of work based on it, or tell us in writing to start.
- Prices are in New Zealand dollars and exclude GST unless the quote says otherwise.
Deposits
Where your statement of work requires a deposit or a discovery fee, work is scheduled once it is paid. Deposits and discovery fees are non-refundable once that work has begun, because they pay for time already spent.
Invoicing And Payment
- We invoice against the milestones or schedule in your statement of work. Ongoing support and hosting are invoiced monthly in advance.
- Invoices are payable within the period stated on the invoice, and by the 20th of the month following invoice date where nothing else is agreed.
- Payment is by bank transfer or another method we agree in writing, without set-off or deduction.
- Third-party costs incurred on your behalf, including model usage, hosting and licences, are passed through at cost unless your statement of work says otherwise.
Late Payment
- Overdue amounts may attract interest at 1.5% per month, calculated daily, until paid.
- You are responsible for reasonable costs of recovery, including debt collection and legal costs.
- We may suspend work and access to hosted systems while an invoice is more than 14 days overdue, having given you 7 days written notice. Suspension does not relieve you of the obligation to pay.
If you are having trouble paying, talk to us before the due date. We would rather agree a plan than chase an invoice.
Disputed Invoices
If you dispute part of an invoice, tell us in writing within 7 days of receiving it, with your reasons, and pay the undisputed part by the due date. We will work through the disputed amount with you in good faith under the disputes process in our Terms and Conditions.
Ownership Until Paid
Ownership of custom deliverables passes to you on payment of all amounts due, as set out in our Licensing Agreement. Until then you may use them for evaluation and testing only.
Changes To These Terms
We may update these Terms of Trade from time to time. The current version is always on this page. Changes do not apply retrospectively to a quote already accepted or a statement of work already signed.
Contact Us
Got questions, concerns, or just want to say hi? Reach us at [email protected].