TERMS AND CONDITIONS OF BUSINESS STARS FLIGHT LTD trading as ROIAssurance
“You“, “you” or “yours” means the person acknowledging acceptance of these terms
You indemnify ROIAssurance, its directors, employees and agents against all claims, actions, proceedings, investigations, demands, judgments and awards (together, “Claims”) which may be made, instituted, threatened or alleged against or otherwise involve ROIAssurance, and against all losses, liabilities, damages, costs, charges and expenses (together, “Losses”) which may be suffered or incurred by ROIAssurance:
1.1 in connection with or arising out of:
(a) a breach of this agreement by you or negligence or wilful default by you in the performance of it;
(b) any malicious or deliberate act or omission by you (including your non-compliance with the Privacy Act 1993 and/or Human Rights Act 1993 and/or Employment Relations Act 2000 and any of their amendments); or
(c) any claim by a third party arising from any failure of ROIAssurance to deliver a Text Message, email message or other information on your express or implied instructions; or
(d) the recording, dissemination, storage or publication of any information by ROIAssurance on your express or implied instructions; or
(e) the production or transmission of electronic Data by ROIAssurance on your express or implied instructions, whether encrypted or not; or
(f) the performance of any act whatsoever by ROIAssurance on your express or implied instructions.
2 You shall not be entitled to make a claim against ROIAssurance to recover any losses sustained by you in connection with or arising out of services provided by ROIAssurance in contract or tort or in any other way unless such losses have occurred as a result of the bad faith or intentional default of ROIAssurance, and such losses shall not include:
(a) loss of revenue or profit, loss of anticipated savings, loss of goodwill or opportunity, loss of production, loss or corruption of data, wasted management or staff time; or
(b) loss, damage, cost or expense of any kind whatsoever that is indirect, consequential, or of a special nature, even if such loss, damage, cost or expense was reasonably foreseeable by the first party.
3.To the extent permitted by law, ROIAssurance liability to you under or in relation to this agreement (whether in contract, tort including negligence, or otherwise) will in no circumstances exceed the gross revenue payable by you to ROIAssurance and actually paid in the 12 month period before the date such liability first arose.
4 Without limiting the generality of clause 2, you acknowledge and agree:
(a) that ROIAssurance does not offer a continuous or fault free service and that there may be instances where a Text Message, email or other information is not delivered;
(b) that ROIAssurance does not guarantee any material provided to you will not contain viruses or any other harmful material and if it does ROIAssurance shall not be responsible for any damage that results, such as damage to your computer system;
(c) that if ROIAssurance agrees to carry out:
(i) a reference check; or
(ii) telephone screening; or
(iii) a behavioural interview;
(iv) a consultation in respect of a ROIAssurance Certification process;
(iv) a transactional human resource business activity detailed in any engagement and acceptance letter;
or to provide any similar service in respect of an assessment of a human being or business entity, you rely entirely on your own judgment in deciding whether to employ the Jobseeker, develop the person and business, enter into a contract, reply upon the ROIAssurance Certification as a guarantee of a persons competence detailed in a certificate and not on any representation made by ROIAssurance.
(d) That the sample behavioural employment/contractors agreements provided by ROIAssurance are a guide indicating relevant matters to be covered in an employment/contractors agreement and you will take legal advice about such agreements before using them.
5 You shall not, without the prior written consent of ROIAssurance, settle or compromise or consent to judgment in respect of any Claim in relation to which ROIAssurance may be entitled to an indemnity in terms of clause 6.1 unless such settlement, compromise or consent expressly and unconditionally releases ROIAssurance from all liability arising out of such Claim.
6. All payments are to be made in advance by purchasing time using HendriksBHCS PayPal facility at https://hendriksbhcs.com/buy-consulting-time/ unless agreed otherwise in writing with ROIAssurance.
6.1 All invoices issued by ROIAssurance are payable within 7 days unless agreed otherwise. You agree to pay interest at 3% above ROIAssurance (primary) banker’s maximum rate during the period for overdraft facilities for overdue payment on any amount not paid when due from date due to date of payment.
6.2 If ROIAssurance is required, or chooses, to act to enforce any of its rights or remedies or powers under this agreement including, but not limited to, the recovery of monies owed by you to ROIAssurance, you agree that you will pay all of ROIAssurance collection and/or legal costs, both direct and indirect, including as between solicitor/attorney and client.
You agree that:
7. You shall ensure that information provided to ROIAssurance:
(a) is not false, inaccurate or misleading;
(b) does not infringe any third party’s copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy;
(c) is not defamatory or unlawfully threatening or harassing;
(d) is not obscene or pornographic;
(e) does not contain any viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, Data or personal information;
(f) if you are carrying on business in New Zealand all information has been obtained in compliance with the provisions of the Privacy Act 1993 and Human Rights Act 1993;
(g) does not breach any applicable law of any country where you carry on business or use the services provided by ROIAssurance.
Copyright 2018 Stars Flight Ltd trading as ROIAssurance
108 State Highway 10
Coopers Beach, Mangonui 0420