CareerEQ Terms and Conditions of Consulting Services.
The following are the Terms and Conditions of Consulting Services provided by CareerEQ. As a private Client or Business Client you are committing to these by booking consultations, outplacement support, coaching, professional development and supervision, trainings or placing an assessment order with CareerEQ.
1.1 “Client” means the person or private individual engaging CareerEQ services for themselves personally;
“Business Client” means the organisation engaging CareerEQ services for individual employees or groups of employees;
“Deliverables” means those items identified as such in the Terms of Engagement (if any) to be provided by CareerEQ to the Client or Business Client in the course of delivering the Services;
“Services” means the work to be undertaken by CareerEQ for the Client or Business Client as described in the Terms of Engagement;
“Terms of Engagement” means the engagement agreements prior to providing services. These will differ between private Clients and Business Clients.
”Terms of Business Engagement” refers to the requests and agreements in the letter or other statement provided to the Business Client by CareerEQ, outlining the nature of the Services, the deliverables to be provided, the fees payable and the timeframe for completion of the Services, together with any other terms specific to the project;
“Terms of Coaching Engagement” refers to the requests and agreements as stated in the engagement form the private or individual client fills out prior to engaging a coach or consultant. This outlines the nature of the Services and support, their expectations and the deliverables to be provided, together with any other terms specific to the service;
“Work” means any activity performed by OPP in relation to the Services;
2. CareerEQ Services to Business Clients
2.1 CareerEQ will provide the Services to the Business Client on, and subject to, the CareerEQ the Terms of Business Engagement. CareerEQ will not start providing the Services until CareerEQ has received written acceptance of the Terms of Business Engagement by an authorised representative of the Business Client. By accepting these, the Business Client also agrees to be bound by these CareerEQ Terms to the exclusion of all other terms and conditions (including any terms or conditions which the Client purports to apply under any purchase order, confirmation of order, specification or other document). The Terms of Business Engagement, once accepted and returned, shall, form the contract between CareerEQ and the Business Client.
2.2 In accepting the Terms of Business Engagement, the Business Client authorises CareerEQ to proceed with all relevant preparations for providing the Services, including but not limited to purchase of materials and booking venues (if required).
2.3 CareerEQ shall provide the Services using reasonable skill and care.
2.4 In providing the Services, CareerEQ shall use its reasonable endeavours to give sound consultation, advice and training based on the information available, but the Business Client will remain wholly responsible for determining matters of policy or action related to the services agreed to.
2.5 The Business Client acknowledges and agrees that, in order for its personnel to derive benefits from the Services, such personnel will be required to make such commitment as is appropriate to the Services being provided.
3. CareerEQ Services to Independent or Private Clients
3.1 CareerEQ will provide the consultation services to the Independent or Private Client based on the CareerEQ Coaching Engagement form and what the Client has requested. CareerEQ will not start providing the Services until CareerEQ has received the Coaching Engagement form by the individual client. By submitting these, the Client also agrees to commit to the CareerEQ Terms to the exclusion of all other terms and conditions (including any terms or conditions which the Client purports to apply under any other confirmation of order, specification or other document). The Terms of Coaching Engagement, once returned, shall, form the contract between CareerEQ and the Client.
3.2 In accepting the Coaching Engagement, the Client authorises CareerEQ to proceed with all relevant preparations for providing the Services, including booking consulting space (if required).
Terms of Engagement and fees
4.1 The Terms of Engagement will, unless otherwise stated, remain capable of acceptance by the Client or Business Client for a period of 60 days from the date thereof. The rates for fees and materials are subject to review from time to time, but CareerEQ will give one month’s notice of its intention to change the charging basis for current and continuing projects.
4.2 The fees set out in the Terms of Engagement are based on CareerEQ’s understanding of the Client’s and Business Client’s requirements as set out in the Terms of Engagement. CareerEQ reserves the right to make additional charges to Business Clients for:
4.2.1 consultant time spent in excess of those estimated in the Terms of Engagement as a result of any delays caused in delivery of the Services due to any act or omission of the Business Client;
4.2.2 planning or design of services requested by the Business Client in addition to those allowed for in the Terms of Engagement;
4.2.3 reasonable expenses incurred by CareerEQ in the provision of the Services including, where necessary:
4. 2.4 travel, accommodation and subsistence (kilometres to be charged as per the current IRD rate);
4.2.5 all bought-in goods, services and sub-contracted items referred to in the Terms of Engagement as being necessary and charged for separately from the fees quoted in the Terms of Engagement.
4.2.5 New Zealand Goods and Services Tax (GST) will be payable by the Business Client on all fees and expenses at the rate in force at the date of invoicing. All prices are quoted exclusive of GST.
4.2.6 CareerEQ will issue invoices in accordance with the terms stated in the Terms of Engagement. Depending on the nature of the work, CareerEQ may issue invoices at the end of each discrete piece of work or at the end of each month.
4.2.7 All invoices will be paid by the Business Client within 10 or 20 days from date of invoice dependent on client status with CareerEQ. CareerEQ reserves the right to charge the Client 20% interest and costs of recovery in accordance with the New Zealand Fair Trading Act 1986.
4.2.8 Where a refund is due to a Business Client and such is caused at the fault of the Business Client, CareerEQ reserves the right to deduct any administrative bank/ credit card charges from such refund. Where the refund is necessitated at the fault of CareerEQ, no such deductions shall be made. CareerEQ reserves the right to make additional charges to Private Clients for:
4.2.9 consultant time spent in excess of those estimated in the Terms of Engagement as a result of any extension to the agreed Coaching Engagement Terms;
4.2.10 Where a refund is due to a Client and such is caused at the fault of the Client, CareerEQ reserves the right to deduct any administrative bank/ credit card charges from such refund. Where the refund is necessitated at the fault of CareerEQ, CareerEQ agrees to negotiate a refund to suit the Client where mutual respect for due process is observed.
5. Cancellation and postponement of Services
5.1 For Business Clients, unless otherwise specified in the Terms of Engagement, CareerEQ reserves the right to charge for consultations or events (including but not limited to courses, workshops, presentations or seminars) cancelled or postponed by the Business Client. These charges will be negotiated at time of cancellation or postponement.
5.2 When employees of Business Clients cancel without giving 24 hours notice a full session charge will be charged.
5.3 For private Clients cancel or postpone without giving 25 hours notice a cancellation charge of 60% of the session rate will be charged.
6.1 Any work produced by CareerEQ in the course of provision of the Services in whatever form is the property of CareerEQ unless otherwise indicated in the Terms of Engagement as “Business Client Materials“.
6.2 If a Business Client requires CareerEQ to incorporate any material into the Work and supplies CareerEQ with such material, the Business Client warrants that:
6.2.1 the proposed use or incorporation of such material will not infringe any third party’s intellectual property rights;
6.2.2 where the Business Client is not the owner of all copyright or other intellectual property rights in such material, the Business Client has received all necessary consents and licences for the proposed use by CareerEQ of such material; and
the Business Client will indemnify and keep CareerEQ fully and effectively indemnified against all costs, claims, demands, expenses and liabilities of any nature arising out of or in connection with any breach of the warranty in this clause.
6.3 The Business Client agrees that it shall not copy or amend the Work or do or authorise any other act that may infringe or devalue CareerEQ’s copyright or other intellectual property rights.
6.4 The Business Client may, subject to clause 6.3, make a reasonable amount of copies of the Work (or part of the Work) for distribution to its own personnel and strictly for internal business purposes only. The Business Client shall ensure that each such copy of the Work (or part thereof) shall bear a statement acknowledging its source. The Business Client shall have no right to make any copies of any Deliverables on which CareerEQ does not own the copyright.
7.1 CareerEQ shall be entitled, in its absolute discretion, to appoint sub-contractors to provide all or part of the Services.
7.2 If the Business Client nominates sub-contractors to work with CareerEQ in the provision of the Services, the Business Client shall be responsible for such nominated sub-contractors. CareerEQ reserves the right to withdraw co-operation from any nominated sub-contractors if the performance or actions of such persons or organisations prevents CareerEQ fulfilling its obligations under the Terms of Engagement and these CareerEQ Terms.
8.1 Both during and after the provision of the Services, CareerEQ shall keep confidential any information of the other party that is obtained in connection with the provision of the Services and that is clearly designated as ‘confidential’ or that is by its nature clearly confidential.
9. Data Protection and Privacy
10. Professional Indemnity and Public liability
10.1 In the event of damage to tangible physical property, where it is established that such damage to property has arisen as a direct result of the negligence of CareerEQ consultants while providing the Services, CareerEQ’s liability shall be limited to a maximum of $2,000,000 (one million dollars) per claim or series of related claims.
10.2 Any claim, by a private Client or a Business Client, against the Professional Integrity of CareerEQ is subject to the legal cover of the subcontractor involved.
10.4 CareerEQ will not be liable for any indirect or consequential loss, loss of business, profit, revenue, data or goodwill, nor for lost or wasted management time or employee time of the Business Client.
10.5 Any condition, representation or warranty that might otherwise be implied or incorporated within these Terms by reason of statute or common law or otherwise is hereby expressly excluded.
11. Further information
If you wish to raise any query, please contact firstname.lastname@example.org or call us on + 64 00800 474765.
PO Box 28846 Remuera