Terms and Conditions

Please read these Terms and Conditions carefully. All services provided by Vocalsaints shall be governed by these Terms and Conditions, and Vocalsaints will ask the client for the client’s express written acceptance of these Terms and Conditions before providing any services to the client.

  1. Definitions

    Except to the extent expressly provided otherwise, in these Terms and Conditions:

    1. “Charges” means Vocalsaints’ standard service fee and any additional amounts calculated by multiplying Vocalsaints’ standard time-based charging rates by the time spent over and above normal service delivery periods.
    2. “Client” means the person who stands to receive services from Vocalsaints, or the person’s caregiver if he or she is under 18 years of age.
    3. “Vocalsaints” means the company Vocalsaints Ltd (trading as Vocalsaints Speech Therapy) and its authorised representatives.
    4. “Services” means the services provided by Vocalsaints to the Client.
    5. “Terms and Conditions” means these terms and conditions, including any amendments to these terms and conditions from time to time.
  2. Services

    1. Vocalsaints shall provide the Services to the Client in accordance with these Terms and Conditions.
    2. Vocalsaints shall provide the Services in accordance with the standards of skill and care reasonably expected from a leading service provider in the Speech-Language Therapy industry.
  3. Charges

    1. The Client shall pay the Charges to Vocalsaints in accordance with these Terms and Conditions.
    2. All amounts stated in or in relation to these Terms and Conditions are, unless the context requires otherwise, stated inclusive of GST.
    3. Vocalsaints shall inform the Client in writing of the amount charged for services before providing those services.
    4. Vocalsaints shall issue invoices for the charges to the Client at the time of the Client’s appointment.
  4. Payments

    1. The Client must pay the Charges to Vocalsaints immediately after having received services.
    2. The Client must pay the Charges either by cash, EFTPOS, debit card or credit card unless express written permission is granted by Vocalsaints before the provision of services.
    3. If the Client does not pay any amount properly due to Vocalsaints under these Terms and Conditions, Vocalsaints may charge the Client interest on the overdue amount at the rate of 10% per annum (which interest will accrue daily until the date of actual payment and be compounded at the end of each calendar month).
  5. Cancellations

    1. If the Client fails to notify Vocalsaints about cancellation of their appointment (i.e. a “No Show”), or fails to give notice earlier than 24 hours before their scheduled appointment, Vocalsaints will charge the client a cancellation fee equal to 100% of the total GST-inclusive cost of the Client’s appointment.
    2. The above clause (5.1) is waived if the Client provides a medical certificate issued by their doctor as evidence as to why they were unable to give sufficient notification of cancellation.
    3. Cancellation fees need to be paid by EFTPOS or internet banking before any further appointments may be booked.
    4. If a cancellation fee is owed, an appointment time slot will not be reserved and may be taken by others.
  6. Limitations and exclusions of liability

    1. Nothing in a contract under these Terms and Conditions will:
      • limit or exclude any liability for death or personal injury resulting from negligence;
      • limit any liabilities in any way that is not permitted under applicable law; or
      • exclude any liabilities that may not be excluded under applicable law.
    2. The Consultant shall not be liable to the Client in respect of any special, indirect or consequential loss or damage.
  7. General

    1. If any provision of a contract under these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of that contract will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).
    2. A contract under these Terms and Conditions may not be varied except by a written document signed by or on behalf of each of the parties.
    3. Neither party may without the prior written consent of the other party assign, transfer, charge, license or otherwise deal in or dispose of any contractual rights or obligations under these Terms and Conditions.
    4. A contract under these Terms and Conditions is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to a contract under these Terms and Conditions are not subject to the consent of any third party.
    5. A contract under these Terms and Conditions shall be governed by and construed in accordance with New Zealand Law.
    6. The courts of New Zealand shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with a contract under these Terms and Conditions.