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Terms of Service

Terms of Service

Terms of Service:
These are the Terms of Service that apply whenever Engage IT Training (the Company, we, us or our) provide business Services to the Customer (“you” “your”). Services include, but are not limited to, Managed Services, Helpdesk, Project Services, Technical Support, Training or Professional Consultancy. The Customer acknowledges that the acceptance of a recommendation, proposal, quote is acceptance of these Terms of Service and any specific individual term and / or scope set out in the agreement. In addition to any other form of acceptance of these Terms of Service, acceptance shall be deemed to have occurred in any event upon delivery by Engage IT Training to the Customer of any goods and services requested by the Customer.
In addition the Customer acknowledges that it is accepting of Engage IT Training’s Terms and Conditions of Sale www.engageit.co.nz/terms-of-service
Engage IT Training and the Customer acknowledge that this Agreement, Engage IT Training’s Terms of Service and Engage IT Training’s Terms and Conditions of Sale document, when read together both constitute the entire Agreement between both parties. The Customer acknowledges that it has not relied upon any other assurances or representation by Engage IT Training other than those contained within this agreement.

Quality of Staff, Service and Support:

  • Engage IT Training is committed to provide solutions that exceed The Customers expectations. Our goal is to create a long lasting mutually beneficial partnership. Engage IT Training guarantees that the agreed services shall be delivered in a competitive, reliable, timely and professional manner.
  • Engage IT Training will ensure that all services we provide are performed in the manner that we have both agreed to.
  • Engage IT Training may be requested to perform other tasks or certain services outside of the scope of any agreement. For any such work that is requested by, or agreed to by the Customer, Engage IT Trainings standard Terms of Service and Terms and Conditions shall prevail. If we deem any service requests to be out of the scope of this Agreement, we will ask for your approval before performing any work.

THE CUSTOMERS COMMITMENT: Wherever Engage IT Training provides Services it is the Customers responsibility to:

  • Make sure all information provided to Engage IT Training is fit for purpose and accurate at the time it was provided to us.
  • Allow Engage IT Training to act on behalf of the Customer when required and as directed by the Customer when dealing with other supply or service partners.
  • The Customer should use Engage IT Training Services only for their purpose and in accordance with the terms of this Agreement and follow all reasonable directions we provide about the use of our Services. You must not use any Engage IT Training services for any unlawful, offensive, obscene or fraudulent purpose.

REVISING ASSUMPTIONS & DEPENDENCIES

  • If, the assumptions used to develop an offering are found to be incorrect or misstated, both Engage IT Training and the Customer shall meet and in good faith negotiate equitable changes to the Agreement, including changing fees and pricing. Any change will only have effect for the future without any retrospective effect on fees which have already been invoiced and paid for. Engage IT Training will not be liable for failure to meet any obligations in this Term to the extent such failure is due to delayed, false, or inaccurate information provided by Customer.

DISPUTES

  • The Customer must notify Engage IT Training within 7 days of the occurrence of any perceived breach of service levels. If the customer is dissatisfied with any services purchased under this agreement and a dispute arises as to the interpretation of this Agreement or any matter arising out of or in connection with this Agreement, we both agree to promptly escalate the issue in our respective organisations for an amicable resolution without prejudice to the right to later seek a legal remedy. If a dispute is not resolved by agreement within 20 Business Days of notification, either party may refer the dispute to mediation.
  • Once referred to mediation, the Customer and Engage IT Training would agree on a suitable person to act as a mediator. If within 10 business days of the dispute being referred to mediation and a mediator cannot be agreed on, a mediator will be appointed by AMINZ (Arbitrator Mediators Institute of New Zealand Inc). The mediation will be conducted in accordance with the current standards of AMINZ.
  • If any such dispute is not resolved by mediation, the resolution process will be terminated, both Engage IT Training and the Customer would be entitled to pursue such legal remedies that may be appropriate.

LIABILITY LIMITATION

  • The liability of Engage IT Training to the Customer in respect of all claims arising under or in connection with this service (including directly or indirectly from any breach by us of this Agreement or from any negligence or other act or omission of Engage IT Training or any of our employees, business partners or contractors) will in any case not exceed an amount equal to the value of the affected service for the most recent calendar month prior to the claim being notified.
  • Engage IT Training will not be liable for any direct, indirect or consequential loss, cost or damage arising from any breach by Engage IT Training or any other party as a result of any failure by Engage IT Training or its partners to perform their obligations under any supply or service agreement, whether arising in tort, contract, from any other negligent or other act or omission of us or any of our employees, business partners or contractors, or otherwise, including, without limitation, any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings.

ADDITIONAL SERVICES & FEES

  • Additional services or projects may be requested under or separate from this Agreement. Engage IT Training may provide Quotations, Scopes, Statement of Works (SOW) or other documentation in relation to such requests. Subject to external factors such as exchange rate fluctuations, it is our intention that all quotations, scopes, estimates and relevant documentation will remain valid for 30 days. When an estimate, quotation, scope, or proposal is accepted by the Customer, it will become binding.
  • If we undertake at your request, additional services that are not subject to any stated or agreed pricing, then those services shall be at charges based upon our normal charges for the provision of those additional services, together with additional costs or expenses incurred by us in the provision of those additional services.

FEES, PROJECTS & INVOICING

  • The Customer may request additional services or projects under or in addition to this Agreement. Engage IT Training may provide estimates, quotations, scope of work or other such documentation in relation to these requests. If Engage IT Training undertakes at your request, additional services that are not subject to an agreed price, then those services shall be charged at the normal services rate for the provision of those additional services, together with any additional costs or expenses incurred by Engage IT Training in the provision of those additional services. Additional fees may be payable for additional services or amendments to the scope of work as agreed from time to time. The terms of this Agreement will apply to such additional services or amended specifications.
  • When an estimate, quotation, scope, or order is accepted by you in writing, it will become binding. Subject to the terms of this Agreement, you will pay us the amounts for the Services as set out in the Pricing Schedule. If there is a dispute in relation to all or any portion of any of our invoices, you may only withhold payment of the disputed amount. You should advise us of the dispute and pay to us the undisputed amount when it becomes due and payable.
  • To sustain a high level of service, price increases are a part of doing business. Engage IT Training will review its services rates and notify any potential price increase of ongoing services. Any such price increase would be notified with a 60-day written notice.
  • Engage IT Training reserves the right to amend the amounts set out in Pricing Schedule or any other amounts that have been agreed with you in order to pass on any increase in third party costs that we incur in providing the Services.
  • If applicable, GST and any other applicable taxes will be charged in addition to all amounts owing. 
  • Invoices shall be submitted monthly. Unless otherwise indicated on the invoice, payment of the invoiced amount is due 20th of the month following invoice. 
  • For projects we will bill monthly throughout a project or as otherwise agreed. Unless otherwise indicated on the invoice, payment of the invoiced amount is due 20th of the month following invoice. If payment is not received on due date subject to and in accordance with this Agreement, we will reserve the right to suspend that project until payment is received, provided we have given you not less than five days prior written notice of our intention to suspend the project.

CANCELLATION

  • Unless otherwise agreed all cancellations within 2 days of a booked job.
  • Cancellations within 24 hours of a booked job will be charged in full.

SOFTWARE LICENSES AND VIRUSES

  • Unless otherwise agreed we assume that you have full legal title to use any software that you ask us to install on any computer system and we may require you to provide the original media and licence information for the installation. It is your responsibility to ensure that all software that you purchase or obtain from other sources is both legally obtained and virus free. We will not be held responsible for software piracy or licensing violations on your system.

RESTRAINT OF TRADE

  • The Customer agrees that they will not for the term of this agreement, nor for a period of six months thereafter, directly or indirectly approach, offer, contract or otherwise deal with Engage IT Training employees, agents or subcontractors in respect of substitutions of the services provided by Engage IT Training, without the prior written consent of Engage IT Training.

HEALTH & SAFETY

  • Both Engage IT Training and the Customer confirm they will have and maintain effective policies and procedures in place to ensure compliance with the Health and Safety at Work Act 2015. When Engage IT Training staff are on the Customer premises, the Customer must provide any information regarding their health and safety practices relevant to us being on site and otherwise consult, cooperate and coordinate with us in relation to health and safety matters.

INTELLECTUAL PROPERTY

  • The Customer acknowledges and agrees that Engage IT Training, or the people we licence products or services from is the exclusive owner of all Intellectual Property rights relating to or arising out of the goods and services provided. Neither the Customer, or any staff, users, or any partners shall not copy, modify, reproduce, reverse, disassemble, or adapt or permit any other person to do the same for any of the products or services provided by Engage IT Training under this Agreement.
  • Nothing in the Terms of Service will transfer to the Customer any intellectual property rights, other than the right to use the Services in accordance with the terms of this Agreement.

TREATMENT OF CONFIDENTIAL INFORMATION

  • The Customers information and data shall be treated as strictly confidential by us, and Engage IT Training will only release information regarding your business to other parties when it specifically relates to a Service you have asked us to provide, to partners that have a justified business “need to know” or as required by law.
  • The Customer shall keep confidential the terms of this Agreement and any other deliverables resulting from Services offered and provided by Engage IT Training. This Agreement imposes no obligation with respect to Confidential Information which either party can establish by legally sufficient evidence: (a) was in the possession of, or was rightfully known by the Recipient without an obligation to maintain its confidentiality prior to receipt from Owner; (b) is or becomes generally known to the public without violation of this Agreement; (c) is obtained by Recipient in good faith from a third party having the right to disclose it without an obligation of confidentiality; (d) is independently developed by Recipient without the participation of individuals who have had access to the Confidential Information; or (e) is required to be disclosed by court order or applicable law, provided notice is promptly given to the Owner and provided further that diligent efforts are undertaken to limit disclosure.
  • The Customer agrees that Engage IT Training may refer to the Customers name in discussions with its Suppliers, business partners or other Customers. The Customer agrees that generic non-proprietary information about the Customers Services or Systems may be discussed with other parties including suppliers and other Customers for the means of supporting the Customer and sharing information between Engage IT Training and other potential Customers.
  • Part of the Services that Engage IT Training performs often require administrative access to the servers, tools, applications and devices where confidential and private information is kept. The Customer should consider Engage IT Training a trusted partner and this would preclude us from viewing confidential files when not required to do so to perform our duties. Our staff understand this expectation and adhere to it.
  • However, in the course of providing services to you, we may inadvertently see, access, or be exposed to Personal Information on customer devices, network or environment.

SECURITY OF PERSONAL & BUSINESS INFORMATION

  • To help protect the privacy of information a customer may transmit through use of a Engage IT Training Website, Services and/or Software, we use reasonable and standard industry practices to protect the information that we are authorised to have against unauthorised access. However, no company, including Engage IT Training, can fully eliminate security risks associated with the handling of information, including Personal Information and with the storing or transmitting of such information on servers and devices that are connected with the internet. If we learn of a security breach that involves potential Customer, Personal and Business Information and could result in theft or other risks, we will notify a customer that they can take appropriate protective steps. By using Engage IT Training and the Services and/or the Software, or providing Personal Information to us through any means, it is agreed that Engage IT Training can electronically communicate with you regarding security, privacy, and administrative issues relating to the use of the Services and/or the Software.

USE OF 3RD PARTY CONTRACTORS

  • We may employ third party contractors that help us with providing the Services under this Agreement, including, without limitation, to confirm transactions, process payments, store data, provide support or consultancy. We may share the Personal Information that we collect from you with these third-party contractors to the extent necessary for them to perform their services to Engage IT Training. All Engage IT Training subcontractors, if any, shall be bound to perform all obligations under this Agreement as if they were being performed by Engage IT Training. Engage IT Training personnel and any third-party contractors working for or with Engage IT Training in providing the Services and the Software only get access to any of the customer information (including any Personal Information therein) on a need-to-know basis and are under obligations to keep the confidentiality of such information.


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