Terms and Conditions

Engage HR Limited (Engage HR) provides a range of remote HR support services (Remote Support Services) to its Clients such as analysing employment problems, outlining options, coaching, and preparing documentation. These Remote Support Services are also known as askHR.

By registering for askHR, or contacting Engage HR for Remote Support Services via the Remote Support Email Address, the Client agrees that the following terms and conditions (Terms and Conditions) govern the delivery of the Remote Support Services and any associated goods.

Registration

The Client must register its organisation for the Remote Support Services known as askHR. The Registration Form will collect the Client's contact information and the details of Authorised Users, and request acceptance of these Terms and Conditions. There is a one-off Registration Fee for askHR that is payable upon a Client's registration (currently $200 + GST). Upon acceptance of the Terms and Conditions, submission of the Registration Form and payment of the Registration Fee, the Client will receive a welcome pack containing the Remote Support Email Address to be used by Authorised Users for Support Requests.

Authorised Users

Remote Support Services are provided to a single person or to multiple persons (Authorised Users) designated by the Client at time of registration. If the Client wishes to change the Authorised Users, the Client must provide written notice of the change to Engage HR by emailing admin@engagehr.co.nz.

Support Request

A Support Request is a specific, discrete problem related to a single employee. Each Support Request is assigned a unique ID. Engage HR will determine, at its sole discretion, whether an additional Support Request is to be created when reviewing correspondence contained within a current or re-opened Support Request.

Performance of Services

Engage HR will perform the Remote Support Services with reasonable skill, care and diligence in a professional manner, with reference to best standards and practice, and using appropriately skilled and experienced personnel. The Client must promptly provide any information or consent required by Engage HR to enable the provision of the Remote Support Services.

Access to enableHR

If a Client has an active subscription to enableHR, and where the Client's enableHR account is linked to Engage HR's partner portal, the Client authorises Engage HR to access employee data contained within the enableHR account for the purposes of providing the Remote Support Services related to a Support Request.

Response Times

Engage HR will make reasonable efforts to respond to a Support Request within a reasonable time but does not guarantee that a response will be provided within a specific time period.

Consultant

Engage HR has absolute discretion as to which Consultant it shall assign to each Support Request. The Consultant may be substituted at any time so long as the replacement Consultant is appropriately skilled and experienced.

Service Fees

Service Fees are charged monthly and will be based on multiplying the number of minutes of Remote Support Services provided during the month by the Remote Services Rate (currently $3 + GST per minute). Engage HR may update the Remote Services Rate from time to time by providing 1 month's notice to the Client.

Overdue Invoices

Should a Client not pay an invoice on its due date then Engage HR may immediately suspend the provision of any Remote Support Services. Interest shall accrue on a daily basis on the total amount outstanding until payment is made in full.

Immediate Cancellation by Engage HR

Engage HR may, by written notice to the Client, immediately cancel the provision of Remote Support Services if the Client:

i) does or omits to do something that, in Engage HR’s opinion, may damage the business or reputation of Engage HR;

ii) becomes subject to any form of insolvency action or external administration, or ceases to continue business for any reason;

iii) has given or gives Engage HR any information that is misleading or inaccurate.

Confidential Information

Engage HR will not directly or indirectly use, disclose or distribute any Confidential Information except to the extent required to properly perform its obligations under these Terms and Conditions.

Indemnity

The Client shall indemnify Engage HR against, all claims, losses, actions, damages, costs (including legal costs) or expenses arising out of or in connection with any breach in the performance of the Client's obligations under these Terms and Conditions.

Helpdesk Software

Remote Support Services are provided using third-party helpdesk software. Engage HR is not the owner or manufacturer of this software and to the maximum extent permitted by law, Engage HR will not be liable for any loss, injury, claim, liability, expense or damage of any kind resulting in any way from any delay or failure in performance of the helpdesk software.

Liability

The maximum aggregate liability of Engage HR under or in connection with these Terms and Conditions must not exceed an amount equal to the Service Fees paid and/or payable by the Client in respect of Remote Support Services provided in the preceding calendar month or $1,000 which ever is the lower.

Intellectual Property

All Intellectual Property Rights contained within the Remote Support Services are owned by and remain the sole and exclusive property of Engage HR in perpetuity. Upon payment of all amounts owing to Engage HR in respect of any Remote Support Services in accordance with these Terms, Engage HR grants to the Client the right to use such work on the condition that the Client agrees not to sell, provide, distribute or publish that work to any other person or otherwise infringe Engage HR’s Intellectual Property Rights in that work without Engage HR’s prior written consent.

Notices

Notices to Engage HR under these Terms and Conditions must be provided in writing to admin@engagehr.co.nz. Notices to the Client under these Terms and Conditions will be sent by email to the company contact provided on the Registration Form.

Variation

These Terms and Conditions may be modified by Engage HR and Clients shall be bound by those amendments provided Engage HR has given 1 month's notice to the Client.

Entire Agreement

These Terms and Conditions sets out everything agreed by the parties, and supersedes and cancels anything discussed, exchanged or agreed prior to the entry into these Terms and Conditions.

Governing Law

These Terms and Conditions are governed by, and must be interpreted in accordance with, the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute.

April 2018