Fill - Free fillable Service Provider Registration Form RBP Voucher Funding Schemes PDF form

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

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

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.

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.

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.

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

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.

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;

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;

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;

(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;

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;

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

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.

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

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.

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.

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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