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Service Provider Registration Form
RBP Voucher Funding Schemes
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) and
Step 3: upload it 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 for review. NZTE will review your information and any services you wish to register for the voucher scheme.
BUSINESS LEGAL NAME*:
PLEASE PROVIDE A BRIEF SUMMARY OF YOUR ORGANISATION’S CORE BUSINESS*:
PLEASE LIST ANY RELEVANT QUALIFICATIONS OR ACCREDITATIONS
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PLEASE PROVIDE A BRIEF SUMMARY OF YOUR EXPERIENCE IN PROVIDING SERVICES
TO BUSINESSES*:
DECLARATION*
Please agree to the statements below by checking the boxes and filling 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 confirm that the Business named holds Professional Indemnity Insurance cover of minimum NZD$1million.
I confirm that I have the authorisation of the business named above to agree to these Terms and Conditions.
NAME
POSITION
SIGNATURE
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New Zealand Trade and Enterprise
Agreement Special Terms
1. SERVICES
By registering your services for one or more of the available voucher schemes, on the Regional Business Partners
website (the Website) you are agreeing to the following terms and conditions. Once your services are authorised by
NZTE you will become an authorised party to accept RBP Funding Vouchers (Vouchers) from eligible third party
businesses that can use the Vouchers to access Registered Services (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 (together, the Agreement).
To offer Services to Voucher Holders under this Agreement, the Service Provider must register on the 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 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 Scheme. The
Vouchers will be assigned from specific RBP Voucher Funding Schemes for use against Services registered to specific
service categories.
Each Voucher may only be used once and entitles the Voucher Holder to a discount off the cost of the Services of the
amount specified for each specific RBP Voucher Funding Scheme, 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.
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Description of Services to
Voucher Holders
The Voucher Holders may acquire Services as listed on
the Website from the Service Provider.
If the Service Provider wishes to add additional and/or
new 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 services offered 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 Services or Service Provider 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 Services or Service Provider listed
on the Website will not affect the validity of affected
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.
2. FEES
VOUCHER AMOUNT
NZTE will pay the Service Provider for the Services provided to and attended by the
Voucher Holder, up to the discount specified for the Voucher Funding Scheme, and
capped at the total maximum value specified in the Voucher (the Voucher Amount).
CONDITIONS FOR
PAYMENT
NZTE will only pay the Service Provider the Voucher Amount after the Service is provided
to the Voucher Holder and when the Service has been paid for in full by the Voucher
Holder (when required). In addition to the invoicing material provided by the Service
Provider, NZTE may require additional proof from the Service Provider that the Service
Provider provided the Service to the Voucher Holder, 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 that have been
provided to Voucher Holder(s) in that month, and provide NZTE with any requested
supporting documentation using NZTE’s required format.
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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, provided the Voucher Holder’s payment and attendance has been confirmed.
NZTE may revise these Special Terms from time to time and the most current version will always be on the Website.
NZTE will notify the Service Provider of any revisions and these revisions will take effect two weeks after notice is given.
By continuing to provide Services, the Service Provider agree to be bound by the revised Terms.
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.
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.
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NEW ZEALAND TRADE AND ENTERPRISE VOUCHER FUNDING SCHEMES
GENERAL TERMS
1. Provision of Services
1.1 The Service Provider will provide the Services:
(a) in a competent, efficient 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 the
Regional Business Partner Network Website
(www.regionalbusinesspartners.co.nz)
(the Website).
1.4 The NZTE representative who will liaise with the
Service Provider’s personnel is set out in section 3 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 off 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.
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4. Termination and consequences of termination
4.1 This Agreement will commence on the date NZTE
authorises the Service Provider’s Services on the
Website 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 two 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 or its personnel or sub-
contractors directly or indirectly engages in
conduct which in the opinion of NZTE is likely to
negatively impact 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
official 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 Official 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 staff
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 Party's
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.
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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.
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 Official 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 difference 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 the
Resolution Institute;
(b) on the terms of the Resolution Institute standard
Mediation Agreement (New Zealand version);
and
(c) at a fee to be agreed by the Parties, or if they
cannot agree, at a fee determined by the Chair of
the Resolution Institute.
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
difference arising out of or in connection with this
Agreement, or any question about its existence,
breach, termination or invalidity.
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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 officers, servants and agents from and
against any and all liability, losses, damages, costs
and expenses of any nature whatsoever awarded
against, incurred or suffered 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 effect. This Agreement will be binding on and have
effect 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 Revisions to this Agreement
NZTE may revise these General Terms from time to
time and the most current version will always be on
the Website. NZTE will notify the Service Provider of
any revisions and these revisions will take effect two
weeks after notice is given. By continuing to provide
Services, the Service Provider agree to be bound by
the revised Terms.
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
affecting 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 office holder of each party is set out
under the Special Terms.
(b) No communication is to be effective 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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