Standard Contract – Terms and Conditions

Performance Foundry Standard Contract / Terms and Conditions

1. Overview
Koru Group Ltd trading as Performance Foundry (the Provider) is to be contracted to make those changes according to any of the following documents:
An advertised Product/Service Description
The Proposal
The Contract (this document)

The terms of this agreement will supplement email communication regarding the details and timing of that work.

2. The Cost
The estimated budget for this work is listed in the Proposal or on the product page. All prices on the website are listed in US dollars unless otherwise specified.

GST of 15% will be added for New Zealand-based entities.

If 80% of the budget is reached and it is estimated the project will take more than the total time assigned, the Provider will contact the Client and gain approval before moving forward further.

Further and other work at the same rate may be requested. If no Default Rate is shown in the Proposal, the Default Rate is US$150 per hour.

Some third­ party software requires payment of ongoing service fees. The cost of servicing these licenses, if any, are made clear in the Proposal. If the Client fails to pay invoices relating to software licenses, the functionality of the Site may fail or leave the client open to security risks.

3. Payment
Payment will be made according to the schedule outlined in the Proposal.

Payment should be made within 7 days of receipt. If an initial deposit is included in the payment schedule, this deposit is non­refundable unless the contract is cancelled within seven (7) days of signing. In that case, the deposit minus any expenses incurred will be refunded. Hours will be billed at the Default Rate.

If a milestone that requires payment has been reached, no further work will be completed until that milestone’s invoice has been paid in full. Invoices for ongoing work not explicitly included in the Proposal but agreed to by supplementary email will be sent on an ongoing basis (monthly or at end of project) and payment will be made within 7 days of receipt.

No refunds will be given on Hosting packages, where the Client is choosing to end the Term early; or where the Provider is terminating the account for abuse of service. Where a client is upgrading Hosting, the Provider may choose to pro-rate payments accordingly, with the smallest pro-rated period being one month.

Payment may be made by credit card, Paypal or bank transfer, as outlined on each Invoice.

4. Support
Support is offered through the Performance Foundry support desk, which can be accessed by email or website portal.

Email: [email protected] | Web:

If these points of contact change, you will be advised by email.

The work is guaranteed to function with the software at the current versions for up to six (6) months.

The work is guaranteed to function with updated plugins for 30 days after the start of the work. Limited free support will be included if theme or plugin updates break the work after 30 days from the start of the work.

The date of the start of the work will be taken to mean the date on which the deposit was paid or email agreement was given.

Performance Foundry will support display bugs on the latest versions of major browsers (Chrome, Safari, Firefox and IE) plus the most-recent version. e.g. If Chrome 34 is the current release, Performance Foundry will support Chrome 33 and 34. Display bugs created when Chrome 35 is released may incur additional costs and will negate support for Chrome 33.

5. Communication
Both parties will make a reasonable attempt to prompt, professional communication in regards to this Agreement. The preferred method of communication is email or support desk. Phone numbers are also provided in case of urgent communications.

The Provider will make available, on request, access to the CMS, image libraries, newsletter software, analytics, and further editorial and technical services as required to the Client. The Provider will, to the best of their ability, ensure passwords for these services are stored in a secure digital environment and the information therein is protected by confidentiality agreements with their staff and contractors.

The Provider will store the Clients name(s) and contact details in a database to allow ongoing email communication between the Provider and the Client.

6. Use of Brand
The Provider may use the Client’s name, brand and associated brand identity (such as logos, taglines and screenshots/examples of the Site) in promoting the Provider’s service. The Client may request that the information be removed from publication if it can be reasonably assumed to materially damage the Client’s brand.

7. Liability and Arbitration
If there is a disagreement between the two parties arising out of this agreement, it will be resolved in good faith through an arbitrator in Auckland, New Zealand to be selected by the parties. The arbitrator’s decision may be entered in any court having jurisdiction.

No arbitration can be commenced and neither Client nor Provider can be found to be in breach of this Agreement unless they have been given written notice by email and given thirty days to address the concern identified in the email. A reasonable attempt by the injured party should be made to ensure that the other party has received the notice.

No party shall be liable for delay in performing or for failure to perform obligations hereunder if the delay or failure results from any cause or circumstance whatsoever beyond its reasonable control, including any breach or non­performance of this Agreement by the other party (hereinafter “Event of Force Majeure”), provided the same arises without the fault or negligence of any party. If an Event of Force Majeure occurs, the date(s) for performance of the obligation affected shall be postponed for as long as is made necessary by the Event of Force Majeure, provided that if any Event of Force Majeure continues for a period of three (3) months or more, the Client and Provider shall have the right to terminate this Agreement forthwith by written notice to the other parties. All parties shall use their reasonable endeavours to minimise the effects of any force majeure.

This agreement is subject to the laws of New Zealand.

8. Agreement of terms
A digital signature on the Proposal or a purchase completed through the Performance Foundry website indicates agreement to these terms.

Continued use of Performance Foundry services indicates continued agreement by the Client.

This Agreement reflects the entire understanding between the parties and it may not be changed except in writing and agreed to by both parties.