The Principal operates a building business (‘Business’).
The Principal intends to market the Business via a referral system.
As consideration for the Referrer providing referrals to the Business, the Principal shall pay to the Referrer the Incentive pursuant to these Referral Terms and Conditions (‘Terms’).
These Terms apply to every referral provided by the Referrer to the Business.
Any referral to the Business provided by the Referrer constitutes full acceptance of these Terms.
The relationship of the parties is that of independent contractors only and the Referrer shall not be construed as an employee, partner, representative or agent of the Principal.
The Referrer acknowledges that the Principal may enter into similar referral arrangements with other parties.
This Agreement shall operate and remain in effect only from 12:00am 01 May 2022 to 5:00pm 01 May 2023 (NZST) unless terminated earlier by either party for any reason by the provision of written notice to the other party.
The parties agree and acknowledge that for the purposes of these Terms, a referral is deemed to have occurred if, in the reasonable opinion of the Principal, the following conditions have been satisfied:
The Referrer has provided the Principal with a signed copy of these Terms;
The Referrer refers a person, company or other legal entity, other than the Referrer, to the Principal for the purpose of engaging the Principal to provide building services (‘Client’);
The Referrer provides the full name, address and contact details for the Client to the Principal in writing and states that the Client is interested in engaging the Principal to provide building services;
The Client enters into a building contract with the Principal for a value of at least $150,000.00 including GST (fixed price not including any variation, charge up or cost-plus contract work) between 1 May 2023 and 1 May 2024;
The Client has not previously been introduced or referred to the Business or the Principal;
The Client has not previously been in discussions with the Principal in relation to providing building services; and
The Client has not previously engaged the Business or the Principal to provide building services.
In the event that the Referrer provides a referral to the business in accordance with clause 2, then the Principal shall pay to the Referrer 1% of the value of the building contract (excluding any variation, charge up or cost-plus works) entered into by the Client with the Principal (‘Incentive’).
The Incentive shall be paid either to the Referrer’s nominated bank account, by cash or by cheque (at the Principal’s option) within fourteen (14) days of the latter of the Client referred to the Business by the Referrer:
signing a building contract; and
paying the total deposit payable under the building contract.
The Referrer acknowledges and agrees to inform all Clients that their personal information will be forwarded to the Principal for the purposes of this Agreement and not used for any other purpose.
The Principal accepts no liability whatsoever in the event of the Referrer using Client information outside of this Agreement.
In the event of a dispute or need for clarification from either party, the Referrer acknowledges and agrees that all decisions or information provided by the Principal are final and binding under this Agreement.
No right or obligation is permitted to be transferred, exchanged, assigned or otherwise dealt with by the Referrer without the prior written consent of the Principal.
The Principal reserves the right to unilaterally amend these Terms from time to time, otherwise any other amendment of these Terms must be agreed in writing between the parties.