Terms of Service 

These terms of service ("Terms") set out the basis of the Ākina Foundation's or Ākina Consulting Limited's ("Ākina", "we" or "us") relationship with you (the "Recipient" or "you"). These Terms constitute a framework under which Ākina provides you certain services, deliverables or other outcomes, as agreed between you and us ("Services"), and sets out how we will work together.  Please note that any services may or may not be provided pursuant to a separate agreement between you and Ākina ("Services Agreement"). 

These Terms set out the parties' responsibilities when we provide you Services.  By Ākina providing you any Services, you accept these Terms. 

1. Mutual obligations 

   1.1 In providing and receiving Services, each of Ākina and the Recipient agree to: 
   (a) inform the other of any changes in circumstances which do, or may, affect the Services;

   (b) maintain the confidentiality of the other, including in relation to that party's clients, business and any other confidential information shared under or in relation to the Services;

   (c) respect each other and each's staff and representatives;

   (d) ensure neither party does anything to denigrate the other party's brand or to cause the other party any loss or harm;

   (e) comply with these Terms and Ākina's Privacy Policy (available on Ākina's website - https://www.akina.org.nz/).

2. Your Responsibilities 

   2.1 By receiving Services, you agree: 
   
   (a) that Ākina reserves the right to offer, decline to provide or terminate or suspend any Services at our sole discretion, in accordance with these Terms and an applicable Services Agreement; 
   (b) to treat Ākina staff and representatives, other recipients of Services and any other third party involved in the provision of Services with appropriate respect, courtesy and honesty.  This includes respecting the hours our staff and representatives are available and will be expected to respond to any queries. You should ensure you, and anyone on your behalf, do not request or expect queries to be responded to outside of typical work hours; 

   (c) that access to Services may be limited and that eligibility for or agreement by Ākina to provide certain Services does not automatically ensure that any other Services will be provided to you by Ākina;

   (d) that Ākina staff and representatives are not  available on a "drop-in" or "on-call" basis and that additional appointments may be necessary for interactions with Ākina which fall outside previously agreed meetings or workshops;

   (e) to provide us with true and accurate information as requested by us in order for us to conduct Services;

   (f) not to use our intellectual property (including any trade marks) or assert any rights in any of our intellectual property without our prior consent. Enquiries and permission requests may be sent to info@akina.org.nz; and

   (g) not to engage in any conduct in relation to the services that violates laws (including privacy laws), rules, regulations or these Terms; 
   
   

3. Our Responsibilities

   3.1 In providing Services, Ākina agrees:

   (a) to deliver Services with due care, skill and diligence, and to the appropriate professional standard or in accordance with good industry practice as would be expected from a leading supplier in the relevant industry;

   (b) to use appropriately skilled, qualified and experienced personnel to provide Services; and 

   (c) to use reasonable endeavours to provide the Services, as have been agreed between the parties, in a timely manner. 
   
   

4. Payment

   4.1 If any payment (including any fees, expenses or other amounts) is payable by you for the provision of Services, you agree to comply with the terms of payment specified in the applicable Services Agreement. 

   4.2 If payment is required otherwise than pursuant to a Services Agreement, you agree to pay any amounts promptly and in full, without set off or other deduction in the manner communicated to you by Ākina. 
   
   

5. Disputes and complaints 

   5.1 If you have a dispute with us or a complaint in relation to any Services, we would like the opportunity to resolve this with you promptly and amicably.  In the event you want to raise a complaint or dispute, please contact your nominated Ākina relationship manager and us at info@akina.org.nz in the first instance. 
   
   

6. Termination / suspension / Escalation  

   6.1 Ākina reserves the right to terminate or suspend the provision of Services in the event that we consider:

   (a) that you have breached these Terms, the Privacy Policy or the terms of an applicable Services Agreement;

   (b) your conduct is unacceptable and is detrimental to, or may cause distress or harm to, any person, including Ākina staff, other recipients of Services and any other third party involved in the provision of Services; or

   (c) termination or suspension is required by any law or direction from any government, law enforcement or other authority. 

   6.2 In the event we consider your conduct is unacceptable and is detrimental to, or may cause distress or harm to, any person, Ākina reserves the right to take any steps available to address, prevent and/or stop such conduct, including taking action with a third party such as the Police.  Such unacceptable conduct may include (but is not limited to) behaviour that Ākina considers to be threatening, bullying or harassing in nature.
   
   

7. General

   7.1 If any provision in these Terms is held invalid, then such provision (to the extent it is invalid) is deemed severed from these Terms, and the remainder shall not be affected.

   7.2 New Zealand law applies to these Terms and you agree that the New Zealand courts will hear any claim brought under or in connection with these Terms.