General Terms

These terms and conditions relate to the provision of services to you the Client as registered and subscribed online (“Client”) by Group Ltd t/as Online Mentor. These terms and conditions together with the signed confidentiality and personal disclosure sections, form the agreement entered into by the Client.

SERVICES

Items may be added at a later date by written agreement between the parties and attached to this agreement to form a whole. Services may be cancelled, by written agreement, as per the timescales detailed in the cancellation policy.

CANCELLATION POLICY

All services can be cancelled but must be cancelled prior to the appointment in writing (including email/fax). Failure to cancel giving the minimum notice, as stated below, the agreed service will be invoiced and payable by the Client in full.

Mentoring – 48 hours notice, otherwise the meeting will be charged as a 2 hour charge.

Online Mentoring - Services can be cancelled but must be cancelled in writing (via email) giving one months notice. Failure to cancel giving the minimum notice, as stated above, the agreed service will be invoiced at two months charge.

GST Number 102-490-959

• Face to Face Mentoring

$95 per hour + GST

A report and action plan will be provided by Group to the client after all meetings held.

Each meeting carries a $30 + GST travel charge.

Access to the online mentor can also be made for free.

• Online Mentoring

$29 +GST per month, payable in advance by credit card (sign up on www.onlinementor.co.nz) or by automatic payment.

Acceptance to the Online Mentor service will be confirmed by email and an access password will be issued

This reference code MUST be quoted in the subject line of any email sent to the Online Mentor. You can also call once a month for urgent matters to be discussed.

Other Payment Options

Face to face mentoring

$475 + GST for 6 hours, $90 + GST travel for 6 visits (half price and one hour free)

$950 + GST for 12 hours (2 free hours) no travel charges and complimentary copy of The Naked Networker ($25.99 value)

Online Mentoring

$145 + GST for 6 months (1 month free)

$290 + GST for 12 months (2 months free) and complimentary copy of the ebook The Naked Networker ($9.99 value)

FAIR USEAGE POLICY

Email responses will be provided to a maximum 10 emails per day per user. Any emails over this limit will be charged on an hourly rate of $95 per hour, pro rata to 5 minute time slots.

Any calls on the Online Mentor subscription may be charged at $35 per hour at the discretion of the Group Limited t/as Online Mentor.

The Online Mentor provides an email communication service by which any email received at askme@onlinementor.co.nz will be relied to within 24 hours or less; 48 hours or less at weekends.

CONFIDENTIAL DISCLOSURE AGREEMENT

The disclosing party has agreed to provide the Online Mentor (owned by the GROUP LTD) (the “receiving party”) with information relating to the disclosing party for the purpose of discussions and mentoring (the “purpose”). The provision of information may include information proprietary to the disclosing party (“information”). Both parties understand that any information received is to be used by the receiving party only for the purpose.

In consideration of the above, the parties agreed as follows:

1) The receiving party will exercise the same degree of care to prevent disclosure of information as it takes to preserve and safeguard its own proprietary data, but in any event, no less than a reasonable degree of care.

2) The obligations of the receiving party, contained in Section 1, above, shall not apply to any information which:

Is already known to the receiving party or independently developed by it:

Is publicly available or becomes publicly available without a breach of agreement by the receiving party; or

Is rightfully received by the receiving party from a third party; or

Is furnished by the disclosing party to a third party without similar restriction of the third party’s rights; or

Is disclosed pursuant to the Official Information Act 1982, or any judicial or governmental requirement or order, and provided that the receiving party takes reasonable steps to give the disclosing party sufficient prior notice to contest such requirement or order.

3) All information disclosed by the disclosing party shall be safeguarded during the term of the Agreement, unless specifically released by the disclosing party in duly executed writing or becomes publicly available by the disclosing party.
4) This Agreement may be terminated, without cause, by either party upon thirty (30) days advance written notice given to the other party. Obligations under Sections 1, and 3, shall survive termination under this Section 4.
5) No rights or obligations other than those expressly cited are to be implied from this Agreement.
6) In the event of a breach of any obligations stated in this Agreement, the injured party may proceed against the other party in law or in equity for such damages or other relief as a court may deem appropriate, consequential and indirect damages excepted.
7) The parties agree that no information will be disclosed by the receiving party to a parent, subsidiary, affiliate, or related party of the receiving party, unless such parent, affiliate or related party enters into an agreement with the receiving party prior to such disclosure of Information with that agreement containing the same obligations as those assumed by the receiving party under this Agreement.
8) Neither party shall have the right to assign or otherwise transfer this Agreement, nor any rights nor obligations contained in it, to any third party without the prior written approval of the other party.
9) The obligations set forth in this Agreement shall bind the parties for a period of three years from the date hereof, or in respect of Information later disclosed, for a period of three years from disclosure, whichever is longer.

This Agreement is deemed effective once payment has been received and a client reference code issued.

Personal Information Notice

This notice relates to information, which you are providing to the Online Mentor.

1) The Privacy Act 1993 gives you the right to see and correct your personal information.

2) Your information may be disclosed to a third party with your express written prior approval.

3) This information may be used by the Online Mentor (owned by the Group Ltd) to advise you of products, services, promotions or other information and develop/begin a relationship with you. This may involve, amongst other things, contacting you via email, text message, telephone or post.

Declaration

You declare that:

• You are a New Zealand resident, residing in New Zealand
• You are of 18 years of age or older
• Information you supply to the Online Mentor is true and complete in all respects
• You have read and agree to the personal information notice
• You are not an undischarged bankrupt, have not applied for/are not subject to any personal insolvency procedure or proceedings under the Insolvency Act 2006.
• You authorise the Online Mentor to gather/obtain information from any person, company, and institution for any credit or lending enquiry.
• You understand that the Online Mentor charge a fee for their services and may receive a commission from an institution, which will be disclosed to you, and that you will pay promptly on receipt of invoice.

This agreement will be deemed effective upon receipt of payment.

PAYMENT TERMS – all prices are subject to the addition of GST at 15%

The Online Mentor provides automated credit card sign up on the website. The Online Mentor will then issue a client password as soon as the first payment is received.

Any account becoming overdue for payment will cease to receive any response in email by the Online Mentor and the account will be deemed cancelled without notice. The invoice will be raised for the outstanding amount and immediately passed to our debt collection services.

Any disputed items or invoices should be notified to the Online Mentor by email prior to the invoice due date / or the month anniversary date for payment. If the Online Mentor reviews the dispute and agrees there is a mistake the Online Mentor will correct the mistake and agree compensation via email. If, upon review, the Online Mentor finds no mistake the Client must pay the outstanding sum immediately upon being notified by the Online Mentor.

Any expenses, disbursements and legal costs incurred by the Online Mentor in the enforcement of any rights contained in the Agreement shall be paid by the Client, including any reasonable solicitor’s fees or debt collection agency fees.

LIABILITY

The Client acknowledges that it has entered into this agreement, for business purposes and that the provisions of the Consumer Guarantees Act 1993 do not apply.

To the fullest extent permitted by law the Online Mentor excludes any liability for:

(a) Any loss, damage or injury of any kind whatsoever whether suffered or incurred by the Client or another person whether such loss or damage arises directly or indirectly from services provided by the Online Mentor to the Client and without limiting the generality of the foregoing of this clause the Online Mentor shall not be liable for any consequential loss or damage of any kind whether direct or indirect including without limitation any financial loss; and

(b) All liability of any kind (including but not limited to negligence) on the part of any third party, its officers, employees, contractors, and agents however arising in the provision of services by such third party to the Online Mentor .

The Client shall indemnify the Online Mentor against all claims of any kind whatsoever however caused or arising (including without limitation all sums paid to compromise or settle claims, proceedings and actions out of court) and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of the Online Mentor or otherwise, brought by any person in connection with any matter, act, omission, or error by the Online Mentor our agents or employees in connection with the services.

JURISDICTION

The law of New Zealand shall apply to this Agreement.

Any dispute arising from this agreement shall be heard in New Zealand.

ENTIRE AGREEMENT, VARIATION AND NON-WAIVER

No variation or waiver of any provision of this Agreement shall be recognized or binding on the Online Mentor unless it is in writing and signed by an authorized representative of the Online Mentor and the Client.

Failure by the Online Mentor to enforce any of the terms and conditions contained in this Agreement shall not be deemed to be a waiver of any of the rights or obligations the Online Mentor has under this Agreement.

If any provision of this Agreement shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

RISK

Neither the Online Mentor or any of its employees or agents warrant nor guarantee the accuracy or completeness of any information provided to the Client. The Client undertakes that all matters relevant to this supply of services are to their own satisfaction and in doing so they acknowledge that they have relied on their own skill, inspection and judgment. The Client acknowledges that in deciding to enter into this agreement it has not relied on any statement made by the Online Mentor or on behalf of the Online Mentor and in doing so it assumes the risk of mistake in relation to the information provided herein.

This Agreement has been deemed effective upon receipt of the first payment by the Online Mentor (“Effective Date”).