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The Fine Print
Thanks for your interest in working with VABA! Like all service providers, I have terms and conditions to help things run smoothly and ensure we're on the same page from the get-go. I aim to be as clear as possible about my expectations, so if there's something that confuses you, please talk to me about it.
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In these terms, we also refer to VABA Ltd. as “our”, “we”, “us”, "me", or "I".
You are “the Customer”, “the Client” or “you”.
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These terms are governed by the laws of New Zealand.
Plans and consultations
1. Monthly plans
(a) Plans spread over 3, 6, or 12 months are intended for businesses who have small amounts of ongoing BA requirements, rather than an intensive project. The expectation is that the 60/70/80 hours are spread over time. Clients who purchase a Monthly Plan and use 10 or more hours in any one week will be charged for a block of ten extra hours at the cost of $1000. These 10 hours are in addition to the original number of hours included in the Plan.
(b) You may be required to prove your status as a Startup or a Small Business to qualify for Monthly Plans.
(c) If you use all the allocated hours of your plan early, you can buy more hours in blocks of ten for $1000 per block to be used until the end of your original Plan period.
2. Project plans
(a) Project Plans are intended for larger businesses, more established businesses, and those that need a significant amount of BA work done in a shorter period of time.
(b) A minimum of one week will be charged for all Project Plans.
(c) Project Plans are based on a minimum of 30 and a maximum of 40 hours per week but are more focused on completing deliverables than number of hours spent.
(d) Project Plans will be booked based on VABA Ltd.’s availability, to be discussed during the Consultation.
3. Consultations
(a) Consultations must be purchased before proceeding with any Plan.
(b) Consultations are a flat fee for two sessions, up to 2hrs in total. The follow-up session should be within 14 days of the initial Consultation.
(c) Consultation time does not count towards Monthly Plan hours.
(d) The purpose of the Consultation is to identify items such as:
(i) what tasks may need to be completed
(ii) what resources may be required
(iii) any limitations or restrictions for either party
(iv) appropriate start times and timeframes
(v) who on the Client side needs to be involved for input, decision-making and so on, and their availability
(vi) high-level requirements or desired outcomes
(vii) any definitive deadlines
(viii) any pre-requisites or dependencies
Working with us
4. General
(a) VABA Ltd. is not a legal professional and does not provide legal advice.
(b) Each party must pay its own costs in relation to negotiating and following these terms.
(c) By engaging our services, you confirm that you are legally allowed to enter into a contract with us.
(d) When your Plan has been confirmed, VABA Ltd. will provide you with a copy of these terms and conditions, which both parties must sign before we can start working for you.
(e) You must provide us with accurate contact information and update us with the new details if they change.
(f) Any quote or estimation given is a guide only. The final cost and timeframe depends on many variables including:
(i) the complexity of the task/s
(ii) if any work has already been done on the task/s
(iii) the availability of Client staff for information, review and so on
(iv) the availability of information and resources
(v) unforeseen events such as illness
5. Content and intellectual property
(a) You will own all intellectual property that we create for you while working for you (New Intellectual Property), conditional on you paying all fees you owe us. We may keep New Intellectual Property in our possession until all invoices are paid in full.
(b) When you engage our services, you shall provide VABA Ltd. all content, information and materials (Shared Content) required to enable us to complete the work as agreed. This will be shared as soon as practicable and at no cost to us.
(c) If we cannot access the material we need to complete the work for you, you need to pay for any time already spent, and our contract may need to end. This will be discussed on a case-by-case basis.
(d) By providing Shared Content, you confirm that:
(i) you are authorised to provide the Shared Content;
(ii) the Shared Content is not harmful, discriminatory, defamatory, offensive, explicit, illegal, or malicious in any way;
(iii) the Shared Content does not infringe any intellectual or industrial property rights; and
(iv) the Shared Content is accurate and true at the time it is provided;
(e) Except if required to fulfill our obligations to you, VABA Ltd. will not use or disclose any commercially sensitive knowledge or information acquired about you while working for you.
(f) You have the right to remove Shared Content, or our access to Shared Content, at any time. In doing so you acknowledge that the agreed work may not be completed by us, and you accept full liability as explained in Clause 5(c).
6. Payment and pricing
(a) Unless otherwise agreed by both parties in writing, you must pay for our services in full.
(b) Payment is required within 15 business days via bank transfer.
(c) We reserve the right to change the price of our services. If we change our fees, the new price will not apply to active contracts. The new price will apply to new Clients and to those paying for additional services after their current contract has ended.
(d) We reserve the right to offer discounts and refunds as we wish.
7. Cancellations
(a) You may cancel your Monthly Plan with one month’s notice, or your Project Plan with one week’s notice (5 business days).
(b) Ad-hoc hours may be cancelled with one week’s notice (5 business days).
(c) Consultations that are cancelled within 2 business days may still be charged.
(d) Notice periods are payable to VABA Ltd.
8. Dispute resolution
(a) If any dispute arises during our contracted period, it is expected that we try to come to a resolution by negotiation and discussion.
(b) If attempts at dispute resolution are unsuccessful, we will appoint a mediator to assist. This may be via the New Zealand Chapter of LEADR.
Website use
9. Website content and intellectual property
(a) While we make every effort to ensure that the information on the website is as up to date and accurate as possible, we do not guarantee that:
(i) the website will be free from errors;
(ii) the website will be accessible at all times; and
(iii) messages sent through the Website will be delivered promptly, or at all.
(b) We may change any information or functionality on the website by updating it at any time without notice, including product descriptions, prices and other content.
(c) VABA Ltd. retains ownership of the website and all its content (including text, graphics, logos, design, icons, images, and pricing).
10. Security
(a) VABA Ltd. is not responsible for damage to any systems or devices arising in connection with using this website. It is your responsibility to take precautions to ensure that accessing the website does not expose you to risk of viruses, malicious code, or other forms of interference.