MANAGEMENT CAPABILITY
DEVELOPMENT VOUCHER FUND
SERVICE PROVIDER REGISTRATION FORM
Step 1: complete the following information as part of the registration process. Fields marked with an * are mandatory.
Step 2: save a copy (including Terms and Conditions) to your PC and
Step 3: upload the saved document to your profile at www.regionalbusinesspartners.co.nz
(you will need to log into the website to do this)
Once you have completed steps above you will need to enter your service details on the website and then submit the information
to NZTE. NZTE will review your information and any services you submit for the voucher fund.
DETAILS:
BUSINESS LEGAL NAME*:
PLEASE PROVIDE A BRIEF SUMMARY OF YOUR ORGANISATION’S CORE BUSINESS*:
PLEASE LIST ANY RELEVANT QUALIFICATIONS OR ACCREDITATIONS
PLEASE PROVIDE A BRIEF SUMMARY OF YOUR EXPERIENCE IN PROVIDING TRAINING AND / OR
COACHING SERVICE TO BUSINESSES*:
Please agree to the statements below by checking the boxes and lling out your name, position and sign the declaration.
I agree to the NZTE Special Terms and General Terms included below and as amended from time to time.
I conrm that the Business named holds Professional Indemnity Insurance cover of minimum NZD$1million.
I conrm that I have the authorisation of the business named above to agree to these Terms and Conditions.
DECLARATION:
NAME
SIGNATURE
POSITION
click to sign
signature
click to edit
AGREEMENT – SPECIAL TERMS
1. SERVICES
By registering your services for the Management Capability Development Voucher Fund on the website
www.regionalbusinesspartners.co.nz you are agreeing to the following terms and conditions. Once your services are authorised
by NZTE you will become an authorised party to accept NZTE Management Capability Development Vouchers (Vouchers)
from eligible third party businesses that can use the Vouchers to access registered capability development services.
The Services that the Service Provider will provide to Voucher Holders (see definition below) and NZTE are described in these
Special Terms, and the Services will be governed by the terms in these Special Terms and the following NZTE General Terms
(Agreement).
To oer Services to Voucher Holders under this Agreement, the Service Provider must register on the Regional Business Partner
website (Website). By registering on the Website, the Service Provider acknowledges that it has read and agrees with the Website’s
terms and conditions, as amended from time to time.
Once registered, the Service Provider will submit specific management capability development services for NZTE’s confirmation.
NZTE may refuse to confirm any such services submitted for any reason whatsoever.
The Vouchers are issued to eligible third party businesses (each a Voucher Holder) by NZTE’s Regional Business Partners and
these Regional Business Partners are part of the Regional Business Partner Network. The Vouchers will be assigned for use against
specific service categories, under which management capability development services will be registered.
Each Voucher may only be used once and entitles the Voucher Holder to a discount of 50% of the cost the Services, capped at up to
a total maximum value specified on the Voucher.
The Service Provider acknowledges that the Voucher Holder will be responsible for the costs not covered by the Voucher.
For the avoidance of doubt, NZTE will not be liable in any way for those costs and/or for the recovery of those costs.
DESCRIPTION OF SERVICES TO VOUCHER HOLDERS
The Voucher Holders may acquire management capability
development services listed on the Website from the
Service Provider.
If the Service Provider wishes to add additional and/or new
management capability development services to the Website,
the Service Provider must log a request on the Website. Any
such request shall be subject to NZTE’s confirmation and NZTE
may refuse to confirm any request for any reason whatsoever.
If the Service Provider wishes to remove any service listed on
the Website, it must log a request directly with NZTE, who will
process the removal.
For the avoidance of doubt, a written variation is not required
to change the capability development services oered by the
Service Provider under this Agreement, as the Website will
manage the process.
DESCRIPTION OF SERVICES TO NZTE
The Service Provider will provide NZTE with:
(a) invoices that contain information on the Services provided to
and attended by Voucher Holders, and
(b) information in the form that meets NZTE’s requirements
(including any reasonable directions that NZTE may issue from
time to time).
The Service Provider agrees that NZTE may immediately
remove any management capability development services
listed on the Website by NZTE giving the Service Provider
notice. Where practicable, NZTE will discuss the removal of the
services with the Service Provider before issuing the notice.
NZTE’s removal of any management capability development
services listed on the Website will not aect the validity of
aected Vouchers provided:
(a) the Voucher Holder has already redeemed the Voucher with
the Service Provider; and
(b) the Voucher Holder has already booked the relevant Service,
and paid their portion of the cost of the Services.
MANAGEMENT CAPABILITY
DEVELOPMENT VOUCHER FUND
2. FEES
VOUCHER AMOUNT
NZTE will pay the Service Provider for 50% of the Fees (plus GST) for the Services
provided to and attended by the Voucher Holder, capped at the total maximum value
specified in the Voucher.
CONDITIONS FOR PAYMENT
NZTE will only pay the Service Provider the Voucher Amount if the Voucher Holder
attends the relevant Service. In addition to the invoicing material provided by the
Service Provider, NZTE may require additional proof from the Service Provider that
the Voucher Holder attended the Service, and NZTE may approach the Voucher
Holder directly to validate any of the Service Provider’s invoices.
NO DISBURSEMENTS OR OTHER COSTS
NZTE’s payment obligations under this Agreement are limited to the Voucher
Amount (plus GST). For the avoidance of doubt, NZTE is not responsible to the
Service Provider or any party for any costs incurred by the Service Provider, the
Voucher Holder or eligible third party businesses.
INVOICING
The Service Provider will invoice NZTE on a monthly basis for Services provided
to and attended by Voucher Holder(s) in that month, and provide NZTE with any
requested supporting documentation using NZTE’s required format.
3. NZTE REPRESENTATIVE
CONTACT DETAILS
Telephone: 0800 287 467 / email: info@regionalbusinesspartners.co.nz
POSTAL ADDRESS
New Zealand Trade and Enterprise, P.O. Box 2878, Wellington 6140
PHYSICAL ADDRESS
Level 15, Majestic Centre, 100 Willis Street, Wellington 6011
4. OTHER TERMS
In addition to clause 4 of the General Terms, NZTE may
terminate this Agreement at any time by giving the Service
Provider at least 2 week’s written notice.
Upon termination, the Service Provider must not accept or
attempt to accept, any Vouchers presented by eligible third
party businesses, and the Service Provider will promptly advise
each eligible third party business to return to the relevant
Regional Business Partner for advice.
NZTE will continue to make payment for Vouchers redeemed
against Services that have already been booked up to the
date that this Agreement is terminated, providing the Voucher
Holder’s payment and attendance has been confirmed.
NO MINIMUM BUSINESS
The Service Provider acknowledges that this
Agreement does not guarantee the Service Provider
any minimum level of business from NZTE or eligible
third party businesses.
USE OF WEBSITE
NZTE’s General Terms form part of this Agreement. By signing
these Special Terms the Service Provider agrees to provide the
Services on the basis of the General Terms and these Special
Terms. In the event of a conflict between the Special Terms
and the General Terms, these Special Terms will apply.
5. GENERAL TERMS
NZTE’s General Terms form part of this Agreement. By signing these Special Terms the Service Provider agrees to provide the
Services on the basis of the General Terms and these Special Terms. In the event of a conflict between the Special Terms and
the General Terms, these Special Terms will apply.
GENERAL TERMS
1. PROVISION OF SERVICES
1.1 The Service Provider will provide the Services:
(a) in a competent, eicient and professional manner;
(b) in accordance with best industry practice; and
(c) in compliance with all applicable laws.
1.2 The Service Provider shall provide written reports in response
to all reasonable requests by NZTE relating to any matter
associated with the Services.
1.3 The principal contact for the Service Provider’s personnel with
regard to the Services is the person named as the Service
Provider Contact Person in Accelerate Success.
1.4 The NZTE representative who will liaise with the Service
Provider’s personnel is set out in section 1 of the Special Terms.
1.5 The Service Provider warrants and represents to NZTE that it,
and any of its personnel or the personnel of its sub-contractors,
are appropriately qualified to provide the Services. The Service
Provider will, if required by NZTE, produce appropriate
evidence of such qualifications and experience. Any personnel
who are not, in the reasonable opinion of NZTE, suitably
qualified or experienced to provide the Services must not be
used by the Service Provider to provide the Services.
1.6 Where any personnel of the Service Provider, or any personnel
of any sub-contractor of the Service Provider, commits
or demonstrates, in the reasonable opinion of NZTE, any
misconduct, incompetence or negligence in performing
the Services, or does not perform the Services to NZTE’s
satisfaction, NZTE may direct the Service Provider to remove
that person from performing the Services, and the Service
Provider must ensure that person is immediately removed from
performing the Services.
2. PAYMENT
2.1 NZTE will pay the Fees to the Service Provider in accordance
with the Special Terms.
2.2 If the Service Provider breaches any provision of this
Agreement, or fails to provide the Services to a reasonable
standard, NZTE may, in its discretion, withhold payment of the
Fees or reduce the Fees payable, while the breach or failure
continues or is not remedied.
2.3 The exercise by NZTE of its right under clause 2.2 of these
General Terms does not prevent NZTE from exercising its
rights to terminate this Agreement under clause 4 of these
General Terms.
2.4 Any invoice for payment provided by the Service Provider must,
in addition to the requirements of the Special Terms, specify
the amount payable, and reasonable detail of the Services
delivered during the relevant period.
2.5 NZTE will pay each invoice for the Services provided by the
Service Provider by lodgement to a designated bank account
held in the name of the Service Provider.
2.6 NZTE will pay each invoice on or before the 20th day of the
month following receipt of that invoice from the Service
Provider and in accordance with the Special Terms. NZTE may
set o from any Fee payment any amount then due from the
Service Provider to NZTE.
2.7 Any payment due to be made on a day which is not a day
on which registered banks are open for general banking in
Wellington, will be made on the next day on which registered
banks are open for general banking in Wellington.
2.8 NZTE will not be required to pay the Service Provider’s invoices
where the Service Provider has not provided NZTE with all
documents and information required under this Agreement.
2.9 If any withholding taxes are payable in relation to the
Services, NZTE may deduct the amount so payable in
accordance with law.
3. PROMOTION AND ADVERTISING
3.1 The Service Provider will not conduct any advertising
campaigns or promotional activities that refer to NZTE’s
involvement with the Services without the prior written
consent of NZTE.
3.2 Where requested by NZTE, the Service Provider will use its
best endeavours to ensure that NZTE is promoted in all media
reporting and other material related to the Services.
3.3 Unless otherwise authorised in writing by NZTE, the Service
Provider does not have any rights to use the NZTE name, logo,
or other trademarks or intellectual property in any manner.
3.4 Unless authorised in writing the Service Provider shall not
make any public statement or comment on behalf of NZTE.
3.5 The Service Provider shall not at any time take any steps to
bring the reputation or good standing of NZTE, its trademarks,
New Zealand industry in general, or the Government of New
Zealand into disrepute, and shall ensure that its permitted sub-
contractors are not involved in any activity of this nature.
MANAGEMENT CAPABILITY
DEVELOPMENT VOUCHER FUND
GENERAL TERMS
4. TERMINATION AND CONSEQUENCES OF TERMINATION
4.1 This Agreement will commence on the date NZTE authorises
the Service Provider’s Services in the website
www.regionalbusinesspartners.co.nz and will continue in
force until it is terminated in accordance with its terms.
4.2 Either NZTE or Service Provider may in its absolute discretion
terminate this Agreement and all rights and obligations
hereunder by giving at least four weeks’ notice in writing to
the other party.
4.3 NZTE may in its absolute discretion terminate this Agreement
and the engagement of the Service Provider immediately by
notice in writing:
(a) if the Service Provider breaches this Agreement and fails to
remedy that breach within seven days of receiving written
notice to do so;
(b) if the parties are unable to resolve a dispute after
concluding the dispute resolution process in clause 9 of
these General Terms;
(c) if the Service Provider directly or indirectly engages
in conduct which in the opinion of NZTE is likely to
be detrimental to the reputation or image of NZTE, or
business generally;
(d) if the Service Provider is unable to pay its liabilities when
due or makes an assignment for the benefit of its creditors,
or becomes bankrupt or insolvent, or goes into liquidation
or has a receiver, receiver and manager, statutory manager,
trustee, administrator or other similar oicial appointed in
respect of the Service Provider’s property or any part of it,
or passes a resolution for winding up;
(e) if a warranty made by the Service Provider under this
Agreement is not true and correct; or
(f) if the Service Provider provides any information to NZTE
in accordance with this Agreement that is not true and
correct in all material respects.
4.4 If this Agreement is terminated or expires, all rights and
obligations of the parties shall terminate and no party is to
have any claim against any other parties arising under or in
connection with this Agreement, other than in relation to:
(a) any breach of clauses 6 and 8 of the General Terms;
b) any breach of this Agreement occurring before termination
or expiry;
(c) any indemnification claim under clause 9.4 or 10.3 of the
General Terms; or
(d) any other provision of this Agreement intended to continue
after termination or expiry.
5. INTELLECTUAL PROPERTY
5.1 Each party agrees that it retains ownership of any intellectual
property rights owned by it at the commencement of this
Agreement and all improvements or modifications made to
them under this Agreement.
5.2 Each party agrees that any intellectual property rights in
materials developed by them during the course of this
Agreement will be owned by the party that developed those
materials and the other party shall not have any claim over
such intellectual property rights.
6. CONFIDENTIAL INFORMATION
6.1 Permission to release Confidential Information
Each Party undertakes not to use or disclose the other
Party’s Confidential Information to any person or
organisation other than:
(a) to the extent that use or disclosure is necessary for the
purposes of providing the Services;
(b) if the other Party gives prior written approval to the use or
disclosure;
(c) if the use or disclosure is required by law (including
under the Oicial Information Act 1982) or parliamentary
convention; or
(d) if the information has already become public, other than
through a breach of the obligation of confidentiality by one
of the Parties.
6.2 Obligation to inform sta
Each Party will ensure that their Personnel:
(a) are aware of the confidentiality obligations in this Contract;
and
(b) do not use or disclose any of the other Partys Confidential
Information except as allowed by this Contract.
7. GOVERNANCE AND COMPLIANCE
7.1 The Service Provider will establish internal policies and
procedures to ensure its directors, trustees, managers
and employees will act at all times consistently with best
management practices and practices of corporate governance,
including (but not limited to) practices as to:
(a) completion and retention of records and accounts;
(b) identifying, disclosing and preventing possible conflicts
of interest;
(c) honestly, properly and ethically using the Service Provider’s
information, assets and property; and
(d) complying with all applicable laws and regulations.
7.2 The Service Provider must ensure that:
(a) it provides and maintains a safe working environment;
(b) it complies with all applicable New Zealand legislation
including (without limitation) the Health and Safety in
Employment Act 1992 and all regulations, standards and
codes;
(c) the people performing the Services are competent in
health and safety matters and that they, at all times,
identify and exercise all necessary precautions for the
health and safety of all persons; and
(d) it performs appropriate health, safety and environmental
risk assessments and implements any necessary
preventative controls prior to providing the Services.
GENERAL TERMS
8. DISCLOSURE
8.1 The Service Provider acknowledges that it may be necessary
or appropriate for NZTE to disclose confidential information
concerning the Service Provider, the Services (or part thereof),
or this Agreement (or part thereof):
(a) pursuant to the Oicial Information Act 1982; or
(b) in publicly notifying any approval by the NZTE Board or
NZTE’s chief executive of this Agreement; or
(c) otherwise pursuant to public law or other legal obligations.
8.2 NZTE may consult with the Service Provider before deciding
to disclose the information for the purposes described in
paragraphs (a) to (c) of clause 8.1 of the General Terms, in
order to ascertain any objections the Service Provider may
have to the disclosure of any of the information. The Service
Provider acknowledges, however, that it is for NZTE to
decide, in its absolute discretion, whether it is necessary or
appropriate to disclose the information for any of the purposes
outlined in clause 8.1. NZTE will act in good faith in disclosing
any of the information.
8.3 The Service Provider must notify any third party who supplies
information to the Service Provider for the purpose of assisting
the Service Provider to carry out the Services, that it may be
necessary or appropriate for NZTE to disclose the information
for the purposes described in paragraphs (a) to (c) of clause 8.1
of the General Terms.
9. RESOLVING DISPUTES
9.1 Steps to resolving disputes
The Parties agree to use their best endeavours to resolve any
dispute or dierence that may arise under or in connection
with this Agreement. The following process will apply to
disputes:
(a) a Party must notify the other if it considers a matter is
in dispute.
(b) the Service Provider contact person and the NZTE
representative will attempt to resolve the dispute through
direct negotiation.
(c) if the Service Provider contact person and the NZTE
representative have not resolved the dispute within
10 Business Days of notification, they will refer it to the
Parties’ senior managers, or equivalent, for resolution.
(d) if the senior managers, or equivalent, have not resolved
the dispute within 10 Business Days of it being referred
to them, the Parties shall refer the dispute to mediation
under clause 9.2 or some other form of alternative
dispute resolution.
9.2 If a dispute is referred to mediation under this clause 9.2,
the mediation will be conducted:
(a) by a single mediator agreed by the Parties, or if they cannot
agree, appointed by the Chair of LEADR New Zealand Inc
(Lawyers Engaged in Alternative Dispute Resolution);
(b) on the terms of the LEADR New Zealand In(c) standard
mediation agreement; and
(c) at a fee to be agreed by the Parties, or if they cannot
agree, at a fee determined by the Chair of LEADR
New Zealand Inc.
9.3 Each Party will pay its own costs of mediation under clause 9.2.
9.4 Obligations during a dispute
If there is a dispute, each Party will continue to perform its
obligations under this Agreement as far as practical given the
nature of the dispute.
9.5 Taking court action
Each Party agrees not to start any court action in relation
to a dispute until they have complied with the process
described in clause 9.1, unless court action is necessary to
preserve a Party’s rights.
9.6 Each Party submits to the exclusive jurisdiction of the courts of
New Zealand in relation to any dispute or dierence arising out
of or in connection with this Agreement, or any question about
its existence, breach, termination or invalidity.
GENERAL TERMS
10. GENERAL
10.1 No partnership
This Agreement shall not be deemed to constitute either party
as the partner of the other or, the agent or legal representative
of the other. Neither party shall have any authority to act or
assume any obligation or liability on behalf of the other.
10.2 Warranty
(a) The Service Provider warrants to NZTE that it does not
have any conflicts of interest in relation to the provision of
the Services. Where a conflict of interest has arisen or is
likely to arise in future, the Service Provider must inform
NZTE immediately in writing of the conflict of interest and
may not, without NZTE’s prior written consent (which will
not be unreasonably withheld), act in the matter.
(b) The Service Provider warrants to NZTE that it is duly
authorised to enter into and perform its obligations under
this Agreement.
(c) The Service Provider warrants to NZTE that it will carry out
the Services and the Service Provider’s obligations under
this Agreement in accordance with all applicable rules and
laws (statutory or otherwise).
(d) The Service Provider warrants to NZTE that the supply of
the Services will not infringe any patent, design, trademark,
copyright or any other intellectual property right of a third
party or result in NZTE being liable for the payment of any
royalties or other fees.
10.3 Indemnity
The Service Provider will at all times indemnify NZTE and
NZTE’s oicers, servants and agents from and against any and
all liability, losses, damages, costs and expenses of any nature
whatsoever awarded against, incurred or suered by them
directly arising out of or resulting from:
(a) the non-performance or breach by the Service Provider of
any of its obligations under this Agreement; or
(b) any claims or threatened claims concerning the Services,
except to the extent that such liability, losses, damages,
costs and expenses arise solely as a result of the negligent or
wrongful act or omission of NZTE or its employees, agents or
sub-contractors.
10.4 Assignment
This Agreement is personal to the Service Provider and
cannot be assigned, novated or otherwise transferred to any
third party by the Service Provider and any attempts by the
Service Provider to assign the rights, duties or obligations
hereunder shall be of no eect. This Agreement will be
binding on and have eect for the benefit of the parties and
their respective successors.
10.5 Entire agreement
This Agreement (including the Special Terms) is the entire
agreement between the parties and supersedes all previous
agreements and communications, whether verbal or written,
between the parties.
10.6 No amendment
No amendment to this Agreement will be eective unless it is
in writing and signed by both parties.
10.7 Non-waiver
Neither waiver by NZTE or failure of NZTE to insist in any
one or more instances upon the strict performance of any
of the terms of this Agreement by the Service Provider shall
be deemed or construed as aecting NZTE future rights in
respect of that right or obligation.
10.8 Notices
(a) Each notice or other communication under this Agreement
must be in writing, and made by personal delivery, post
or by email. The initial postal address and email address
and relevant person or oice holder of each party is set out
under the Special Terms.
(b) No communication is to be eective until received.
A communication is to be deemed to be received by
the .addressee:
(i) in the case of an email, the following working day;
(ii) in the case of personal delivery, when delivered; and
(iii) in the case of a letter, four working days after posting.
10.9 Governing law and jurisdiction
This Agreement will be governed by and construed in
accordance with the laws of New Zealand and the parties
submit to the exclusive jurisdiction of the courts of New Zealand.
10.10 Partial invalidity
If any provision of this Agreement is held illegal, invalid, void or
unenforceable, this Agreement will remain in full force apart
from that provision.
10.11 Limitation of Liability
The maximum liability of NZTE to the Service Provider arising
out of any and all claims under this Agreement will not in any
circumstances exceed the amount of Fees paid by NZTE to the
Service Provider.
10.12 Insurance
The Service Provider must take out and maintain professional
indemnity insurance cover in the amount of $1million or more
during the term of this Agreement, and for a period of three
years after this Agreement expires or is terminated. Within
two weeks of a request from NZTE, Service Provider must
provide evidence of its current indemnity insurance reasonably
satisfactory to NZTE.
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