Terms of Service

Terms of Service

Last Updated: 4 January, 2025

1. Introduction and Acceptance

Welcome to The Yield Co. These Terms of Service (“Terms”) govern your access to and use of our consulting services, website, and related materials. By engaging our services or accessing our website, you agree to be bound by these Terms.

2. Services

2.1 Service Description
– Organisational development consulting
– Change management services
– Program management
– Auditing services
– Instructional design
– Organisational coaching
– Online wellbeing services

Related professional services as agreed upon in writing

2.2 Service Delivery
– Services will be delivered as specified in individual engagement agreements
– Delivery methods may include in-person consultation, virtual meetings, written reports, and training sessions
– Timeline and deliverables will be outlined in specific project proposals

3. Client Responsibilities

3.1 Information and Access
– Provide accurate and complete information
– Ensure timely responses to requests
– Grant necessary access to systems and resources
– Maintain confidentiality of provided materials

3.2 Collaboration
– Participate in scheduled meetings and reviews
– Provide feedback in a timely manner
– Designate appropriate personnel for project coordination
– Complete agreed-upon tasks within specified timeframes

4. Intellectual Property

4.1 Our Intellectual Property
– All materials, methodologies, and deliverables remain our intellectual property
– Licensed for client’s internal use only
– Cannot be reproduced or distributed without written permission
– Includes pre-existing materials and consulting frameworks

4.2 Client Materials
– Clients retain ownership of their pre-existing materials
– Grant us limited license to use materials for service delivery
– Confidential information remains protected

5. Fees and Payment

5.1 Compensation
– Fees as specified in engagement agreements
– Payment terms: Full payment to be made at time of service unless otherwise agreed
– Currency and payment methods specified per engagement
– Additional expenses as agreed upon

5.2 Late Payments
– Interest charges on overdue amounts
– Right to suspend services for non-payment
– Client responsible for collection costs

6. Confidentiality

6.1 Protected Information
– Business information and trade secrets
– Client data and materials
– Proprietary methodologies
– Personnel information

6.2 Obligations
– Maintain strict confidentiality
– Use information only for service delivery
– Implement appropriate security measures
– Return or destroy confidential information upon request

7. Limitation of Liability

7.1 Disclaimer
– Services provided “as is”
– No guarantee of specific results
– Not liable for consequential damages
– Maximum liability limited to fees paid

7.2 Force Majeure
– Not liable for circumstances beyond reasonable control
– Including natural disasters, pandemics, war, or civil unrest

8. Term and Termination

8.1 Duration
– Terms effective until terminated
– Project-specific durations in engagement agreements
– Renewal terms as specified per engagement

8.2 Termination
– Either party may terminate with written notice
– Immediate termination for material breach
– Payment for services rendered through termination
– Survival of relevant provisions post-termination

9. Warranties

9.1 Our Warranties
– Services performed professionally and competently
– Comply with applicable laws and regulations
– Hold necessary qualifications and licenses
– Respect intellectual property rights

9.2 Client Warranties
– Authority to enter agreement
– Accuracy of provided information
– Compliance with applicable laws
– Right to use provided materials

10. Dispute Resolution

10.1 Process
1. Good faith negotiation
2. Mediation if required
3. Binding arbitration as final resort
4. Jurisdiction and venue as specified

10.2 Governing Law
– These Terms governed by New Zealand law
– International contracts subject to specified conventions

11. Modifications

We reserve the right to modify these Terms at any time. Changes effective upon posting to website or notification to clients.

12. Miscellaneous

12.1 Assignment
– No assignment without written consent
– Rights transfer in business succession

12.2 Severability
– Invalid provisions severable
– Remaining terms remain in effect

12.3 Entire Agreement
– Supersedes prior agreements
– Modifications only in writing
– Order of precedence specified

13. Contact Information

For questions about these Terms, contact:
The Yield Co

hello@theyieldco.com

14. Acknowledgment

By engaging our services or using our website, you acknowledge reading, understanding, and agreeing to these Terms.