Terms of Service

These Terms of Service set out the standard terms and conditions on which Culture Collab (we, us, our) provide our services to our Clients (you, your, their).

By engaging Culture Collab for our services, you agree to abide by these terms of service. They apply whenever you engage us to provide services, and when combined with a Statement of Work, Proposal, or Letter of Engagement, they form the basis of our engagement.

By accepting our quote or by engaging our services you will be deemed to agree to the terms set out below.  We suggest you read them and if you have any questions, please ask.

 

Our Work

Culture Collab offers people and culture (human resource) consultancy, people project delivery, general employment expertise, and dispute resolution services based on the scope of work as agreed with our Client. In delivering our services, we will:

  • Exercise reasonable care and skill
  • Adhere to our legal and ethical obligations
  • Make our best efforts to achieve the desired outcomes within agreed timeframes, costings, or scope

It is crucial to establish clear communication and a shared understanding of instructions and expectations from the outset to ensure the best possible service. You agree to provide us with full and accurate information when we are providing services and advice. Additionally, you are responsible for making timely decisions and supplying us with all requested information necessary to provide the services.

Whilst Culture Collab is able to provide you with people and culture advice, and dispute resolution Culture Collab is not able to give you specific legal advice. Any advice, whether verbal, written, or implied, should not be construed as legal advice. If you require legal advice, you should consult your lawyer, or we can help connect you with an appropriate lawyer.

We back our services and undertake to provide quality advice and services. If you are dissatisfied with our services or advice we expect that you would raise this with us directly and promptly.

 

Confidentiality & Privacy

Culture Collab treats all information regarding you or and your business obtained during the provision of services as confidential. All team members and independent contractors at Culture Collab are obligated to maintain confidentiality regarding our clients.

Culture Collab will not disclose any client information unless authorised by you in writing or required by law.

We will take reasonable security measures to protect confidential information from unauthorised use or disclosure. Upon written request, we will return or destroy confidential information belonging to you. However, we may retain a copy of the information as necessary to continue assisting you, maintaining records, and for disaster recovery purposes.

 

Liability & Coverage

To the maximum extent permitted by law:

  • our liability to you, whether in contract, tort (including negligence) or otherwise in relation to the provision of the services or otherwise under or in respect of these Terms of Service is limited to that expressly stated in these Terms of Service;
  • any conditions, guarantees, or warranties implied by law are excluded; and 
  • except as otherwise expressly provided by these Terms of Service, Culture Collab shall not be liable for any loss or damage, including direct loss, consequential loss, loss of profit, or loss of business, whether suffered or incurred by the Client or another person and whether such loss or damage arises:
  1. directly or indirectly from the services and materials provided by us to you;
  2. where you have breached these Terms;
  3. due to your use, misuse or alteration of the materials (in anyway) provided during the provided service.

 

Culture Collab takes care to complete and proofread its work to a high standard. However, the final proofreading of any work to make sure that it correctly reflects the Client’s requirements is the Client’s obligation prior to the Client implementing or using the services in its business.

The Client shall indemnify Culture Collab against all claims and losses resulting from their negligence or breach of these Terms of Service.

If Culture Collab has, in providing the services, breached its obligations under these Terms of Service, Culture Collab’s liability to the Client is limited to the maximum extent permitted by law, and at Culture Collab’s discretion, to either:

  1. a refund of the total amount invoiced to you for the relevant services; or 
  2. a refund limited to a partial refund for that part of the services which we acknowledge to be incorrect, 

and such liability will be proportionately reduced if the Client’s acts or omissions contributed to any loss or damage incurred.

Where you acquire the services for business purposes, you acknowledge and agree that the guarantees contained in the Consumer Guarantees Act 1993 are excluded (as you are acquiring the services for the purposes of a business in terms of sections 2 and 43 of that Act) and the services are supplied and acquired in trade for the purposes of the Fair Trading Act 1986 and that we (including our representatives) and you contract out of sections 9, 12A, and 13 of that Act. 

Our duties under these Terms of Service are owed to the client, and we do not accept responsibility for any third parties affected by our service performance or relying on advice, unless expressly agreed upon in writing.

 

Intellectual Property

Intellectual property encompasses patents, know-how, copyrights, designs, trademarks, trade, business or company names, and any other intellectual or proprietary rights (whether registered or unregistered).

Existing intellectual property owned by Culture Collab or you at the start of our engagement or provided during engagement as a specific service offering/package will remain owned by Culture Collab until payment is made in full.  Each party grants a non-transferable license to the other party to use that intellectual property solely for providing or using the services, if necessary.

Once payment has been made in full intellectual property created by Culture Collab based on your instructions will be jointly owned by you and Culture Collab, except for modifications or improvements to pre-existing intellectual property, which will be solely owned by the party that owns the original intellectual property.

 

Our Fees

Our fees are typically based on the time spent on a matter (charged at an hourly rate*) or agreed-upon service/project-based packages. All rates are exclusive of GST. You are responsible for paying the fees associated with our services. In certain cases, we may require a non-refundable retainer before commencing the services, at our discretion.

If you are a company, personal guarantees of payment of all invoices may be required to be given by the directors or shareholders of that company.

In addition to the Services, Culture Collab may charge the Client for expenses and disbursements, including but not limited to printing and photocopying, binding, advertising, assessment costs, printed materials, overseas telephone calls, venue, travel, transport, food, postage, and couriers. We reserve the right to request advance payment. Travel time will be charged at a standard rate of NZ$160 per hour, unless agreed otherwise in advance.

Regarding onsite services and facilitation changes, if you need to change the delivery date of agreed-upon services, you must provide a minimum of 5 business days’ notice. If less notice is given and the scheduled Culture Collab team member cannot be reassigned to other clients, you will be responsible for the agreed fee.

For coaching sessions, it is your responsibility to notify Culture Collab at least 24 hours in advance of any scheduled calls/meetings. Failure to provide sufficient notice may result in invoicing for missed or postponed meetings within 24 hours. Repeated missed meetings will be charged in full.

Estimates: If you request an estimate from Culture Collab, it is only an indication of the cost of our services. The final cost will be based on our hourly or part-hourly charge rates for the actual time spent providing the services. If the work is likely to significantly exceed the estimate, we will discuss it with you before incurring additional costs. All estimates are exclusive of GST unless otherwise stated. Estimates are limited to the agreed scope of services. Any additional services, time, or changes to the originally specified scope of services will incur additional charges.

Any changes to rates will be communicated to the Client in writing.

 

Payment Terms 

Payment is due within 7 days from the date of the invoice unless otherwise agreed upon in writing by both parties.

Culture Collab may charge interest at the current commercial overdraft rate plus 2.5% on overdue accounts calculated from the due date to the payment date (inclusive). Furthermore, clients who default on payment will be responsible for any debt collection fees, court costs, and solicitor fees associated with the collection of overdue accounts.

If outstanding invoices remain unpaid after 30 days, Culture Collab reserves the right to suspend or terminate the services without prior notice. In the event of termination by either party, the Client agrees to pay for all work completed up to that point.

If there are any issues with our invoice, you must raise them within 7 days of receiving it; otherwise, you will be deemed to have accepted the invoice as valid and payable.

 

Communications ​

Email Communication & Newsletters:  From time to time, we may send you relevant information, such as newsletters, updates, and other materials. These communications may be sent electronically to the email address(es) you have provided. If we do not receive alternative instructions, we will assume your agreement to receive this information.

 

General

Culture Collab reserves the right to modify these Terms of Service periodically, and you will be notified of any such changes.

If any provision of this agreement is deemed illegal, void, or unenforceable, it will not affect the enforceability of the remaining provisions, which will remain in full force.

These Terms of Service are governed by New Zealand law, and the parties submit to the exclusive jurisdiction of the courts of New Zealand.