Terms & Conditions

Novellus Limited (trading as Novellus) is a New Zealand company providing business consulting services, with a focus on cash flow, card and payment optimisation, and growth advisory. Our director is David Stephenson. Our NZBN is 9429046632265 and GST number is 125-352-057. Our registered office is 18c Gill Avenue, Te Atatu Peninsula, Auckland 0610. We can be contacted on 09 888 9238 (within New Zealand), +64 9 888 9238 (overseas / fax), 027 207 6414 (current clients), or by email at info@novellus.co.nz.

Each engagement is described in a written proposal, statement of work or email scope agreed between you and Novellus (the “Engagement Letter”). The Engagement Letter, together with these Terms, forms the entire agreement between us. If there is any inconsistency, the Engagement Letter prevails for that engagement.

Any work outside the agreed scope will be discussed and confirmed in writing before it is undertaken and may attract additional fees.

Fees are set out in the Engagement Letter and may be charged on a fixed-fee, retainer or time-and-materials basis. All fees are quoted, charged and billed in New Zealand Dollars (NZD) and are exclusive of GST unless stated otherwise.

Unless agreed otherwise, invoices are payable within 7 days of issue. Payments may be made by bank transfer or by card via our payment processor, Stripe. Overdue accounts may be subject to interest at 2% per month (or part thereof) and reasonable recovery costs.

To get the most from our work together, you agree to:

• Provide accurate, complete and timely information when we request it.
• Make available the people, access and approvals we need to deliver the engagement.
• Act on our advice in good faith and let us know promptly if circumstances change.
• Pay invoices in accordance with these Terms.

Both parties agree to keep confidential any non-public information shared in connection with the engagement. We will not disclose your confidential information to third parties without your consent, except where required by law or where disclosure is reasonably necessary to deliver the services (for example, to professional advisers or sub-contractors who are themselves bound by confidentiality).

Novellus retains ownership of all pre-existing methodologies, templates, frameworks, models and tools used in delivering our services. On full payment of all relevant fees, you receive a perpetual, non-exclusive, non-transferable licence to use the deliverables prepared specifically for you for your own internal business purposes.

Deliverables are prepared for your business and should not be relied on by any third party without our prior written consent.

Our services are advisory in nature and are based on the information you provide and the circumstances at the time of the engagement. We are not a registered legal, tax or financial adviser. You remain responsible for the decisions you make for your business and we recommend that you obtain independent legal, tax or financial advice where appropriate.

To the maximum extent permitted by law, our total liability to you in connection with any engagement is limited to the fees paid by you to Novellus for that engagement in the 12 months immediately preceding the event giving rise to the claim. We are not liable for indirect, consequential or special losses, including loss of profit, loss of revenue, loss of opportunity or loss of data.

Nothing in these Terms limits or excludes any rights you have under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 where they apply. Where the services are acquired for the purpose of a business, you agree that the Consumer Guarantees Act 1993 does not apply.

Either party may terminate an engagement on 14 days’ written notice. On termination, you agree to pay for all work completed up to and including the termination date. Either party may terminate immediately for serious breach that has not been remedied within 14 days of notice. Cancellation of one-off services is covered separately in our Cancellation Policy.

These Terms are governed by the laws of New Zealand. The parties submit to the exclusive jurisdiction of the New Zealand courts in respect of any dispute arising out of or in connection with these Terms.

We may update these Terms from time to time. The version published on this page at the date of an Engagement Letter applies to that engagement.