Terms & Conditions

These Terms & Conditions set out the basis on which The Bid & Brand Collective will provide consulting, content, bid, business development, and related support services to the Client. A request for The Bid & Brand Collective to begin work, or the Client’s acceptance of a proposal, estimate, or email confirmation to proceed, constitutes acceptance of these Terms & Conditions unless otherwise agreed in writing. If any conflict arises between these Terms & Conditions and terms specifically agreed in writing for an engagement, the specifically agreed terms will take precedence.

1. Services

The Client has requested, and The Bid & Brand Collective agrees to provide, consulting and support services as agreed in writing from time to time, including by proposal, estimate, email, or other written confirmation. Services may include business development support, positioning and marketing support, bid strategy, live bid management, copywriting, capability development, and related advisory services.

2. Fees and payment

The Client agrees to pay The Bid & Brand Collective’s fees in accordance with agreed rates, estimates, proposals, or invoices, without deduction, withholding, or set-off unless required by law. A deposit may be required before work begins. Unless otherwise agreed in writing:

• ongoing work will be invoiced monthly and is payable by the 20th of the following month

• one-off or shorter engagements will be invoiced on completion and are payable within 14 days of the invoice date.

• all fees are stated in New Zealand dollars and exclude GST unless stated otherwise.

The Bid & Brand Collective may also invoice for agreed disbursements or third-party costs reasonably incurred in delivering the services, including travel, accommodation, specialist production costs or other project-related expenses approved by the Client in advance.

3. Late payment

If payment is not received by the due date, The Bid & Brand Collective may:

• charge interest on overdue amounts at 2.5% per month, or part month

• charge reasonable costs incurred in recovering the debt

• suspend work until overdue amounts are paid.

Any such charges will be payable on demand or within the timeframe stated on the relevant invoice.

4. Scope changes and variations

The agreed fee and timing are based on the scope understood at the time the engagement is confirmed. If the brief changes materially, including changes to scope, timing, deliverables, review rounds, or the level of input required, The Bid & Brand Collective reserves the right to revise fees, timing, or both. The parties will discuss and agree to any such change as early as practicable.

5. Client responsibilities

The Client agrees to provide timely access to the information, people, approvals, systems, and materials reasonably required to deliver the services. Where dates or review timeframes are agreed, the Client will use reasonable efforts to meet them. The Client remains responsible for:

• the accuracy and completeness of information provided

• final review and approval of all content, strategy, and deliverables

• all final submission decisions, including whether to submit, how to position the response, and any commitments made.

6. Timing, delays, and rush work

The Bid & Brand Collective will use all reasonable efforts to meet agreed deadlines. However, delivery timeframes depend on timely client inputs, feedback, decisions, and approvals. Where deadlines are delayed, compressed, or changed by the Client or third parties, The Bid & Brand Collective will not be responsible for resulting impacts on timing, scope, or delivery.

If late client inputs, compressed timeframes, or urgent changes require weekend work, extended hours, or reprioritisation at short notice, a rush loading of up to 50% of the applicable hourly rate may apply. We will discuss this with the Client where practicable.

7. Use of specialist partners and subcontractors

The Bid & Brand Collective operates as a senior-led collective model. Services may be delivered by Genna-Marie Knox, Carla Reinke, and other trusted consultants or specialist partners engaged under their direction. The Bid & Brand Collective remains responsible for managing and quality-controlling the services delivered under this model.

8. Travel time and meetings

Where travel is required to attend meetings or workshops, travel time and travel-related costs may be charged if agreed in advance. Unless otherwise agreed, travel time in excess of two hours in total for a meeting or site visit may be charged at the applicable hourly rate.

9. Intellectual property

Each party retains ownership of its pre-existing intellectual property, including methodologies, templates, frameworks, systems, tools, and materials owned before the engagement begins. On full payment of all fees due, the Client will own the final deliverables created specifically for the Client under the engagement, unless otherwise agreed in writing.

10. Retention of deliverables

To the extent permitted by law, deliverables remain the property of The Bid & Brand Collective until all invoices relating to the engagement have been paid in full.

11. Confidentiality

Each party agrees to keep confidential any non-public information obtained from the other party in connection with the engagement, and to use that information only for the purpose of the engagement.

The Bid & Brand Collective’s confidential information includes its methodologies, tools, frameworks, templates, systems, pricing, and internal working methods. This clause does not apply to information that:

• is already public through no breach of confidence

• was lawfully known before disclosure

• is required to be disclosed by law.

12. Conflicts and non-exclusivity

The Client acknowledges that The Bid & Brand Collective may work with other clients in the same or related industries. The Bid & Brand Collective is not exclusive to any one client unless expressly agreed in writing.

Where a genuine conflict or competing live opportunity arises, The Bid & Brand Collective will assess the position carefully and take all reasonable steps to avoid conflicts of interest, including declining work, ring-fencing information, or separating resources where appropriate.

13. Non-solicitation

The Client must not, during the engagement or for 12 months after its end, directly employ, contract, or solicit any consultant, subcontractor, or specialist partner introduced through The Bid & Brand Collective without prior written consent.

14. No guarantee of outcome

The Bid & Brand Collective will provide the services with all reasonable care and skill, but does not guarantee any specific commercial outcome, tender award, panel appointment, shortlist result, or other procurement decision.

15. Liability

To the fullest extent permitted by law, The Bid & Brand Collective’s total liability arising out of or in connection with the services is limited to the total fees paid by the Client for the relevant engagement. The Bid & Brand Collective will not be liable for any indirect, consequential, special, or loss of profit damages, including loss of opportunity, revenue, or anticipated contract value. The liability limit set out in clause 15 applies to any liability arising under the indemnity in clause 16.

16. Indemnity

Each party indemnifies the other against loss, damage, cost, or expense arising from its own negligent act, omission, or breach of these Terms & Conditions, to the extent permitted by law.

17. Suspension and termination

Either party may terminate the engagement by written notice if:

• the other party commits a material breach and fails to remedy it within a reasonable time after notice

• the engagement becomes unlawful or impractical to continue.

The Bid & Brand Collective may suspend or terminate the engagement immediately if invoices remain unpaid beyond a reasonable period. On termination:

• the Client must pay for all work performed up to the date of termination

• any committed third-party costs must also be paid

• The Bid & Brand Collective is not required to release final deliverables until payment is made in full.

18. Public reference to work

Unless the Client instructs otherwise in writing, The Bid & Brand Collective may refer to the engagement in general terms after the relevant project, tender, or work is public, provided no confidential information is disclosed.

19. Electronic communications

The Client acknowledges that services may be delivered using email, cloud-based systems, online collaboration tools, and electronic file sharing. While reasonable care is taken, The Bid & Brand Collective is not liable for delays, corruption, interception, or loss of data caused by systems outside its reasonable control.

20. General

These Terms & Conditions are governed by the laws of New Zealand. Any variation to these Terms & Conditions must be agreed in writing. If any part of these Terms & Conditions is held to be invalid or unenforceable, the remaining provisions continue in full force.