Terms and Conditions for Consulting Services as a Fractional CEO

(Applicable under New Zealand Law; Enforceable Globally)

  1. Governing Law
  • This Agreement shall be governed by and construed in accordance with the laws of New Zealand.
  • The parties agree that New Zealand law provides the legal framework for this Agreement owing to its clarity, adaptability for commercial contracts, and alignment with international business practices.
  1. Global Applicability
  • These Terms and Conditions shall apply to all services rendered by the Consultant, regardless of the Client’s jurisdiction or location.
  • Disputes arising internationally shall be subject to the laws of New Zealand, with due consideration for the commercial customs and practices of the relevant jurisdiction where services are performed.

Core Legal Provisions

  1. Scope of Services
     The Consultant agrees to provide Fractional CEO services, including coaching, advisory, consulting, and acting CEO roles (customised per Client requirements). The Consultant’s obligations will adhere to New Zealand’s standards for professional services while aligning with international best practices in leadership and governance.
  2. Fees and Payment Terms
  • All fees are quoted in New Zealand Dollars (NZD) unless otherwise agreed.
  • Payment processing will comply with New Zealand’s legal standards, including tax obligations (e.g., GST, if applicable).
  • International Clients must ensure payments are remitted in a manner compliant with New Zealand’s anti-money laundering and tax regulations.
  1. Dispute Resolution
  • Any disputes arising from this Agreement shall first be resolved through good-faith negotiations.
  • If unresolved, disputes shall be submitted to mediation or arbitration in New Zealand, adhering to the Arbitration Act 1996 (NZ).
  • For international clients, arbitration decisions shall comply with the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) for global enforceability.
  1. Confidentiality and Data Privacy
  • The Consultant will comply with New Zealand’s Privacy Act 2020 to protect sensitive client information.
  • For international clients, data-sharing agreements will adhere to New Zealand law and any relevant cross-border privacy regulations (e.g., GDPR for EU clients).
  1. Liability and Risk Allocation
  • The Consultant’s liability is limited to direct damages and excludes consequential losses unless caused by gross negligence or willful misconduct.
  • Adopting principles from historical commercial practices, the allocation of risks will be fairly negotiated, reflecting the shared responsibilities in high-stakes leadership roles.
  1. Force Majeure
  • Neither party shall be held liable for failure to perform under this Agreement due to circumstances beyond their reasonable control (e.g., natural disasters, government restrictions).
  • This clause aligns with principles from medieval and modern commercial laws, where unforeseen risks were addressed to ensure fair dealings.
  1. Intellectual Property Rights
  • Any intellectual property (e.g., methodologies, frameworks) developed by the Consultant remains their property unless explicitly transferred in writing.
  • The Client retains unrestricted use of bespoke deliverables created for their business. This structure reflects principles from historical merchant law, ensuring fair ownership and use of developed assets.
  1. Independent Contractor Relationship
  • The Consultant acts as an independent contractor, maintaining autonomy in service delivery.
  • This provision ensures the Consultant’s independence while avoiding unintended employment liabilities based on principles of historical and modern contract law.

Additional Notes for Global Clients

  1. Applicability Across Jurisdictions
  • The Consultant will make every effort to respect the local laws and customs of the Client’s jurisdiction, provided they do not conflict with New Zealand law or the terms of this Agreement.
  1. Notices
  • All notices under this Agreement must be sent in writing to the parties’ respective addresses (physical or electronic). Notices will be deemed valid upon receipt, and electronic communication is acceptable per New Zealand’s Contract and Commercial Law Act 2017.

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Terms & Use of Website

Effective Date: 5th November 2018

Welcome

These Terms of Use (“Terms“) govern your access to and use of the David Ding website located at www.davidding.xyz (the “Website“). By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Website.  

  1. Use of the Website

1.1 Eligibility: You must be at least 18 years old to use the Website. By using the Website, you represent and warrant that you are of legal age to form a binding contract.  

1.2 Permitted Use: You may use the Website for lawful purposes only and in accordance with these Terms. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation.  
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.  
  • To impersonate or attempt to impersonate David Ding, a David Ding employee, another user, or any other person or entity.  
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm David Ding or users of the Website or expose them to liability.  

1.3 User Accounts: If you create an account on the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. You must notify David Ding immediately of any breach of security or unauthorised use of your account.  

  1. Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by David Ding, its licensors, or other providers of such material and are protected by New Zealand and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.  

  1. Disclaimer

The materials on David Ding’ website are provided on an ‘as is’ basis. David Ding makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.  

Further, David Ding does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.  

  1. Limitation of Liability

In no event shall David Ding or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on David Dings’ website, even if David Ding or a David Ding authorised representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.  

  1. Accuracy of Materials

The materials appearing on David Dings’ website could include technical, typographical, or photographic errors. David Ding does not warrant that any of the materials on its website are accurate, complete, or current. David Ding may make changes to the materials contained on its website at any time without notice. However, David Ding does not make any commitment to update the materials.  

  1. Links

David Ding has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by David Ding of the site. Use of any such linked website is at the user’s own risk.  

  1. Modifications

David Ding may revise these Terms of Use for its website at any time without notice. By using this website, you are agreeing to be bound by the then current version of these Terms of Use.  

  1. Governing Law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of New Zealand.  

  1. Contact Us

If you have any questions about these Terms, please contact us at [email protected]