Terms of Engagement for Agency Excellence Limited

  1. Application

1.1          These standard terms of engagement apply to all work carried out and services supplied by us whether such Services are provided personally by us or through the Website.

1.2          Any provision, stipulation or condition in your request or order for Services or otherwise which conflicts with or in any way qualifies or negates any of these terms of engagement shall have no effect and these terms of engagement shall prevail.

1.3          These terms of engagement shall be incorporated into all contracts involving Services supplied by us.  By accessing or using the Website or purchasing our Services, you agree to be bound by these terms of engagement.

1.4          If there is any inconsistency between the terms and conditions in a proposal, offer letter or contract and these terms of engagement, the terms and conditions in the proposal, offer letter or contract will prevail provided that the proposal, offer letter or contract has been signed by our authorised representative.

1.5          We reserve the right to vary these terms of engagement at any time and such variation shall be effective upon the varied terms of engagement being publicly available on the Website.  The amended terms of engagement shall apply to all supplies of Services made by us after we have varied these terms of engagement.  These terms of engagement are to be considered varied any time such changes occur and your continued access or use of the Website and Services shall be deemed your conclusive acceptance of the varied terms of engagement.

1.6          In these terms of engagement unless the context indicates otherwise:

“Excellence Programs” means the coaching or training sessions and programs provided by us;

“Get Better with Excellence Membership” means the membership available for purchase via the Website which entitles you to access the member only information provided on the Website;

“Services” means any Excellence Programs or Excellence Membership provided by us;

“you” and “your” means each purchaser of any Services and any user of the Website;

“we”, “us” and “our” means Agency Excellence Limited;

“Website” refers to the website located at http://www.agencyexcellence.co.nz

  1. Contract, Price and Payment

2.1          The contract for your purchase of an Excellence Membership is only formed once we have received:

(a)          your payment of the membership fee in full; or

(b)          where you have elected to pay the membership fee by instalments, your payment of the first instalment of the membership fee and you have completed the direct debit authority for your instalment payments.

2.2          The contract for your purchase of an Excellence Program will be formed when you have accepted these terms of engagement in writing and we have issued you with an invoice for the Excellence Program fee.

2.3          All fees and prices for Services are in NZ Dollars and exclusive of GST, unless otherwise indicated.  In addition to the fee or purchase price of any Service you will pay GST on such fee or price.

2.4          Unless otherwise agreed in writing by us, payment of all fees for Excellence Programs is due before the programs will be provided to you.  Where payment for any Excellence Program is to be paid by monthly instalments, payment of each instalment is due monthly in advance on the 1st day of each month.

2.5          Where you have agreed to purchase any Services and pay the fee by instalments, you must pay the first instalment of the fee of the Service and complete a direct debit authority for the balance of the instalments required prior to the Services being provided to you.

2.6          If full payment for the Services is not made on the due date, then (without prejudice to any other remedies we may have) we may require you to pay to us interest on all moneys overdue calculated at the rate which is 5% per annum above the highest overdraft rate charged by our trading bank and accruing (both before and after judgment) on a daily basis from the date payment was due until payment is made in full. 

2.7          You shall pay all costs incurred by us (including costs on a solicitor-client basis and debt collector’s costs) in the recovery or attempted recovery of outstanding moneys and the enforcement of these terms of engagement.

2.8          By purchasing any Services you warrant that:

(a)          you are capable of entering into a legally binding contract with us;

(b)          you are authorised and able to make payment via the method you have chosen; and

(c)          the information you have provided is correct.

  1. 3.             Refunds and Cancellations

3.1          If you are unable to attend a training session, workshop or event you have purchased as part of an Excellence Program, no refund will be available to you but you may nominate a replacement delegate is to attend in your place provided that notice is given to us.

3.2          Once a training session, workshop or event forming part of an Excellence Program is scheduled it cannot be rescheduled.

3.3          In relation to Excellence Programs involving three or more training sessions, workshops or events, should you cancel three or more training sessions, workshops or events purchased, we may refuse to offer to provide any further training sessions, workshops or events to you. If this occurs, you shall not be entitled to a refund of any fees paid and you remain liable to pay the balance of any further instalment payments due.

3.4          In the event that we are unable to continue our Services, we will give you notice in writing and refund the balance of any fees paid, dependent upon use and once the refund has been issued, you acknowledge we have no further liability in respect of the cancellation.

  1. Provisions Relating to Particular Services

4.1          Notwithstanding any other clause in these terms of engagement to contrary, the following provisions will apply the Excellence Membership titled “Get Better with Excellence Membership”:

(a)          Your membership is for a set term of 12 months commencing on the date you subscribe for the membership and pay the membership fee or in the case of the fee being paid by instalments on the day you pay the first membership fee instalment and complete the direct debit authority.

(b)          Upon your membership commencing, you will receive user identification codes or passwords to allow access to member only parts of the Website and you must keep such codes and passwords confidential and must not disclose them to any third party. Without limiting the foregoing, you agree not to permit any other person to use your user name or membership and not to disclose or provide to any other person, your password or any other information in connection with your membership that may allow them to gain access to the member only parts of the Website.

(c)          Where you have chosen to pay for your membership by instalments, you are required to pay each instalment notwithstanding that you may cease to use the membership.

(d)          We may change the components, structure, service and products for the Get Better with Excellence Membership from time to time without notice to you and such change will not affect your membership or your obligation to pay the membership fee.

(e)          Upon subscribing to the Agency Excellence Membership program you will receive the designated materials including:

(i)            Access to weekly webinar feeds providing sale tips of the week.

(ii)           ‘Tool belt’ accessory package designed to keep you front of mind and on the shopping list in your markets.

(iii)          Prospecting letter templates.

(iv)         Market commentary templates – monthly market map

(v)          Advocation templates – street speak

(vi)         Profile building templates

(vii)        Agency Excellence scripts & dialogs

(viii)       Knowing your numbers chart

(ix)         Cutting edge techniques from some of the best operators throughout New Zealand

(x)          Ideas from the coal face from Agency Excellence extensive clientele

(xi)         Workflow chart to Executing Excellence

(xii)        Accreditation Certificate from Agency Excellence at the completion of 12 months to use with presentations

4.2          Notwithstanding any other clause in these terms of engagement to the contrary, the following provisions will apply the Excellence Programs titled “Excellence Elite” and “Excellence Executive”:

(a)          The Excellence Programs will be provided over a 10 month term for Excellence Elite programs and over a 6 month term for Excellence Executive programs.

(b)          The purchase of an Excellence Program will commit you to paying the per month fee for the full term of the Excellence Program notwithstanding that you may cease to use the Excellence Program at any time during that term.

(c)          The Excellence Programs will be provided to you on site at your business premises or such other site as you may determine provided that any off-site costs will be your responsibility.

(d)          The scheduling of coaching and training sessions will be scheduled by agreement with you dependent on our availability.

(e)          In addition to the fee for each Excellence Program, you will also pay the travel and accommodation costs of our representative where the Excellence Program is being provided outside of Auckland.

  1. 5.             Use of the Website

5.1          You agree to use the Website in a manner that complies with all applicable laws and regulations and that does not infringe the rights of anyone else, nor restrict or inhibit their use and enjoyment of the Website.

5.2          It is a condition of you using this Website that you do not:

(a)          damage or harm the Website or any underlying or connected network or system;

(b)          introduce any content or code to the Website which is technologically harmful;

(c)          upload or post any content to the Website or use the Website to transmit any communication which is illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise objectionable;

(d)          access or attempt to access information resources you are not authorised to use.

5.3          We are not liable for interference with or damage to your computer system(s) in connection with the use the Website or a linked website. You must take your own precautions to ensure that whatever you select for use from the Website is free from viruses or anything else that may interfere with or damage the operations of your computer systems.

5.4          Before relying on the information or material on this Website, you should carefully make your own evaluation of its accuracy, currency, completeness and relevance for your own purposes.

  1. 6.             No Warranties and Disclaimer

6.1          The Website and its content is provided on an “as is” and “as available” basis.  We reserve the right to withdraw (subject to your right to a refund of membership fees paid for an unexpired term of your membership in the event the Website is permanently withdrawn) or amend the Website at any time and do not guarantee that the Website will be available to you at any time.

6.2          We make no warranty that the Website or the Services will meet your requirements. 

6.3          We have used our best endeavours to ensure that the information contained on the Website and provided as part of the Services is true and accurate. We monitor the quality of the information available on the Website and through the Services and update that information regularly. However, we (including our directors, officers, employees, agents and related entities responsible for maintaining the Website) accept no responsibility and disclaim all liability in respect of any errors, inaccuracies or misstatements contained on the Website or within the material provided through the Services.

6.4          All warranties, whether express or implied, as to the accuracy or completeness of the information contained on this Website or in respect of any Services provided to you are excluded to the fullest extent permitted by law.

6.5          In some cases, material on the Website or provided through the Services may incorporate or summarise opinions and/or recommendations of third parties. This material has been assembled in good faith, but does not necessarily reflect our considered views or indicate our commitment to any particular course of action.

6.6          Links to other websites are inserted for convenience and do not constitute endorsement of material at those websites, or any associated organisation, product or service. Furthermore, we accept no responsibility for material contained in any website that links to the Website.

  1. Liability

7.1          We shall not be liable for any failure or delay in the supply of Services or the unavailability of the Website caused by any circumstances beyond our control.

7.2          To the extent allowed by law, we shall not be liable (in contract and in tort, including negligence, or otherwise) to you for any direct, indirect, incidental, special, consequential or exemplary damages including but not limited to, damages for loss of profits, goodwill, data or other intangible losses which you suffer in connection with your use of the Website or the Services or your use of or reliance on any content or information provided to you through the Services or contained on or accessed through the Website.  

7.3          If we are held liable for any damage or loss, our total liability to you for all damages, losses, and causes of action (whether in tort, including but not limited to negligence, contract, or otherwise) will not exceed the amount paid by you for the Excellence Program or the Excellence Membership.

7.4          You shall indemnify us and keep us indemnified against all or any costs, claims, damages, demands and expenses which may be incurred by or made against us by any third party resulting from any breach by you of these terms of engagement.

7.5          If you are using our Services or the Website for business purposes the provisions of the Consumer Guarantees Act 1993 will not apply to your use of the Services or the Website or your reliance on the Services or the Website.

  1. 8.             Intellectual Property

8.1          All intellectual property rights (including, without limitation, copyright and trade mark rights) in all materials displayed or available on the Website or provided as part of the Services belongs to us unless otherwise stated.

8.2          Unless otherwise stated, you are permitted to copy text published by us on the Website or provided to you as part of the Services, for your own use only, provided you retain and display any copyright notice applying to the material.

8.3          Except as set out above, all rights to the Website (including rights in text, graphics, selection, arrangement and overall website design) and all information provided to you as part of the Services are reserved and no right or licence is granted or implied under any copyright, patent, trade mark or other intellectual property right held by us or any other party as a consequence of the publication of any material on the Website or through the Services. No material from this Website or provided as part of the Services may be reproduced, adapted or distributed, in whole or in part, or on any media without our written permission provided such limitation on use does not apply where we have provided template documents to you and you are using such templates for your own use.

  1. 9.             Privacy

9.1          During the provision of Services or registration for Get Better with Excellence Membership, we may collect and hold personal information concerning you. Under the Privacy Act 1993, you have the right of access to, and correction of, your personal information held by us.

  1. 10.          Default

10.1       If any event of default (as defined in clause 10.2 below) occurs, we may (without prejudice to any of its other rights):

(a)          demand immediate payment of all or any part of any moneys owing (whether or not then due);

(b)          withhold without notice provision of Services purchased by you; and/or

(c)          cancel any contract or agreement entered into with you and seek damages.

10.2       For the purposes of clause 10.1, an “event of default” means if you:

(a)          fail to pay any sum due on the due date for payment;

(b)          commit a breach of any provision of these terms of engagement;

(c)          become insolvent, commit an act of bankruptcy or (being a company) is placed into liquidation or receivership, enter into any arrangement or composition with your creditors, has any execution levied upon your goods, or allow any judgment against you to remain unsatisfied for more than 10 days.

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