The following terms of trade apply to any requests (made by email, chat, in person meeting or phone) to undertake work for you.  If you ask us to do the work, these terms will apply to that work, and any subsequent work we do for you.  If you have any questions about the terms, please contact us at support@leanlab.co.nz.

For our client Website Care Plans service please review the Lean Lab Limited - Care Plans Terms of Service.   

For all other work please refer to Lean Lab Limited - TERMS APPLYING TO ALL WORK. 

Lean Lab Limited - TERMS APPLYING TO ALL WORK

(Last Updated Aug 2023)

You or Your Company/Business (“You”) has/have requested Lean Lab Limited (“Lean Lab”) to carry out some work for you.  

This contract applies to all the work carried out for you by Lean Lab relating to tasks requested on a casual basis or tasks or projects described in a “Scope of Work”, whether specifically set out or not.

Quote

Lean Lab will carry out the Scope of Work for the sum agreed to in writing.

Any tasks requested on a casual basis or work carried out which is outside of the Scope of Work will be charged at the rate of $100+GST  per hour unless agreed otherwise by Lean Lab in writing prior to the work commencing.

Outstanding Payments

If you do not pay all of the  sums due under this contract, including contract payment, disbursement and/or additional fees owing within 7 days of them becoming due under this contract then:

  • Lean Lab will be entitled to stop any work you have asked us to complete
  • interest will become payable on the outstanding fees at a rate of 3% per month
  • Lean Lab will be entitled to recover from you all debt recovery costs, including legal costs at the full solicitor/client rate and any disbursements
  • Lean Lab will not be required to transfer any work, or any intellectual property rights in work to you until the full sum owing is paid.

If payments remain outstanding for greater than 3 months Lean Lab, at their sole discretion,  may permanently delete all content and services including website hosting accounts and backups.

Intellectual Property

You will be the first owner of any copyright subsisting in the graphic ‘look and feel’ of any website, not including the code written to produce that look and feel.  Note that this will not apply to any graphics, photographs, artwork and audio or audio-visual provided by a third party, or where the copyright is clearly claimed by anyone else (including Lean Lab) at the time it is added to the work.

Lean Lab is the first owner of the copyright in the code and will remain the owner of the copyright at the end of this contract.  You are granted an irrevocable world-wide non-assignable license to use the software, and to reasonable copying of the code where reasonably required in conjunction with the project outlined in the Scope of Works.

Open Source Clause

The work carried out by Lean Lab incorporates open-source software libraries, software and technology systems that belong in the public domain.  Lean Lab warrants that you will provided with a licence to all commercial activities with the technology, on a royalty-free basis.   Lean Lab will be entitled to submit any bug patches back to any open source project without any restriction.  To enable bug patches to be submitted back to the relevant open source project, content of the patches will be licensed under the relevant OS licence.

Work Outside the Scope of Works

After Lean Lab has commenced the work, you may ask for further or different work to be completed which is not within the Scope of Works .  If this occurs, Lean Lab will advise you that this request outside of the Scope of Works.  If you ask Lean Lab to carry out such work after being advised it is outside the Scope of Works,  and it does so, you will be liable to pay a fee in addition to the Quoted sum.  
Lean Lab will endeavour to advise you of the additional fee prior to commencing work on the work outside the Scope of Works, however in the event no fee is advised, you will be liable to pay a sum which is consistent with the ordinary fee that Lean Lab charges for similar work.

Your Obligations

You will communicate any variations or changes in your work specifications to Lean Lab as soon as you are able to.

You will provide any information you receive in relation to the work to Lean Lab where required and as soon as practicable.

If you decide to change your mind and cancel any work to be completed under this agreement you may do so by communicating that cancellation to Lean Lab in writing.  You will still be liable to pay the full sum payable for all work completed under this agreement, including all disbursements paid on your behalf by Lean Lab.  

Lean Lab Limited’s Obligations

Lean Lab will undertake the work using all reasonable diligence and skill. Lean Lab will endeavour to meet any deadlines you tell them about, but  you will still be liable to pay the sum owing under this agreement for the work if the deadline is not met.  

Consumer Guarantees Act 1993

If you are a business, the Consumer Guarantees Act 1993 does not apply to this contract, or our relationship.

Lean Lab Limited - Care Plans Terms of Service

(Last Updated Aug 2023)

AUTHORIZATION


You or Your Company/Business (“You”) are engaging Lean Lab Limited, as an independent contractor to perform work as described in the package(s) or service(s) you have purchased. In the event access to your website is necessary, you hereby authorizes Lean Lab Limited access and “write permissions” to all directories and files of your account with any other third party hosting provider, as well as permission to install any necessary WordPress plugins for maintenance and security.


COPYRIGHT


Lean Lab Limited does not assume any responsibility or liability for the content of the websites it manages, maintains and/or hosts.


PRICING & PAYMENTS


All prices appearing on this site are subject to change without notice. Once a client of Lean Lab Limited, you authorize Lean Lab Limited to charge the payment method you submitted for all the invoices generated for the services rendered by Lean Lab Limited. In order to cancel your recurring payment or change payment method, simply contact Lean Lab Limited prior to your payment due date.


OUTSTANDING PAYMENTS

If you do not pay all of the  sums due under this contract, including contract payment, disbursement and/or additional fees owing within 7 days of them becoming due under this contract then:

  • Lean Lab will be entitled to stop any work you have asked us to complete
  • interest will become payable on the outstanding fees at a rate of 3% per month
  • Lean Lab will be entitled to recover from you all debt recovery costs, including legal costs at the full solicitor/client rate and any disbursements
  • Lean Lab will not be required to transfer any work, or any intellectual property rights in work to you until the full sum owing is paid.

If payments remain outstanding for greater than 3 months Lean Lab, at their sole discretion,  may permanently delete all content and services including website hosting accounts and backups.

CANCELLATION & REFUNDS


Cancellation of any monthly recurring service can occur at anytime after your first 1 month (30 days) of service.
 No Refunds are available after your purchased package or service has been started, unless otherwise specified in any authorized by Lean Lab Limited.


REFUSAL OF SERVICE


Lean Lab Limited reserves the right to refuse service to any individual, website, or blogs that contain offensive, obscene, hateful, malicious content or any other reason.


THIRD PARTY OR CLIENT PAGE MODIFICATION


With a WordPress based website, client will independently edit or update his or her web pages after completion of the site, unless otherwise agreed upon in this agreement by client and Lean Lab Limited. 
If anyone other than Lean Lab Limited or its subcontractors attempts to update the web site and damages the design or impairs the ability for the web pages to display or function properly, time to repair the web pages will be assessed at an hourly rate of $100 + GST per hour beyond the time allotted in the monthly care plan. There is a one-hour minimum.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES


Although there are limitations to the guarantees we can provide, your satisfaction is very important to us. Please read and understand our limits of liability before ordering services.


Lean Lab Limited does not guarantee, represent, or warrant that the functions contained in these webpages or the Internet website will meet the client's requirements or that the operation of the webpages will be uninterrupted or error-free.


You expressly agree that your use of, or inability to use, the functions contained in these webpages or the Internet website is at your sole risk. The functions of the webpages and the Internet website created for you are provided “as is” and “as available” for your use, without warranties of any kind. The entire risk as to the quality and performance of the webpages and website is with client.


To the extent not prohibited by law, in no event will Lean Lab Limited be liable to the client or any third party for any damages, including, but not limited to, any lost profits, lost savings, loss of data, business interruption, or incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, however caused, even if Lean Lab Limited has been advised of the possibility of such damages.


Lean Lab Limited does not represent, guarantee or warrant that the functions contained in these webpages or Internet website will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusions, and Lean Lab Limited disclaims any liability relating thereto.


This Work Statement Agreement is governed by the laws of New Zealand without giving effect to its conflict of laws provision. You expressly agree that exclusive jurisdiction for any claim or dispute with Lean Lab Limited or relating in any way to your use of the created webpages or Internet website resides in the courts of the New Zealand.


CONSUMER GUARANTEES Act 1993

If you are a business, the Consumer Guarantees Act 1993 does not apply to this contract, or our relationship.

ACCEPTANCE


Please note that by submitting your payment, you are agreeing to all of our terms of service as they are written here. Lean Lab Limited reserves the right to change or update these terms at any time without prior notice. The user of this site agrees to the terms of this agreement on behalf of his or her organization or business. This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties.


Please contact us with any questions regarding the Lean Lab Limited Care Plans terms of service by email support@leanlab.co.nz