Click here for Client Account Setup & Terms and Conditions Acknowledgement

Click here for Client Account Setup & Terms and Conditions Acknowledgement (Recruitment)

 

1.   General Terms

This agreement outlines the general terms and conditions of sale for goods and services provided by Everest Group Limited (“EGL”), trading as Everest People. In this agreement, “Parties” means EGL and the Client, and “Client” means the person named in EGL’s Application for Credit or any person who engages EGL to provide services.

Acceptance of these Terms, or acceptance of services provided by EGL, constitutes agreement to these terms and conditions (“Terms”). EGL may update these Terms from time to time by publishing the updated version on its website.

For the purposes of these Terms, “in writing” includes email and other forms of electronic communication that record the agreement of the Parties.

Engagement Documents

Where appropriate, EGL may provide a Proposal, Quote, Scope of Work or similar document outlining the services, pricing, and any additional or specific terms for a particular engagement (“Engagement Document”).

An Engagement Document, once accepted, may only be varied by mutual written agreement between the Parties.

In the event of any inconsistency between these Terms and an Engagement Document, the Engagement Document will prevail.

PreEngagement Services

Where the Client requests or receives services from EGL (including advice provided by telephone, video call, email or other informal means) prior to the issue or acceptance of a proposal, quotation or Engagement Document, those services are provided on the basis of these Terms of Trade.

The Client acknowledges that such services are chargeable at EGL’s thencurrent rates unless expressly stated otherwise in writing, and acceptance of those services constitutes acceptance of these Terms in respect of the services already provided.

 

2.   Proposals & Pricing

“Proposal” means any written, emailed or online proposal, quotation or scope of work provided by EGL.

“Contract Price” means the price payable for services set out in a Proposal or Variation, or, where no Proposal applies, EGL’s standard pricing at the time services are delivered.

“Variation” means any change to a Proposal agreed in writing between EGL and the Client.

A Proposal is valid for 30 days unless otherwise stated. If services do not commence within 60 days (other than due to EGL delay), EGL may revise pricing to reflect changes in cost.

Ongoing or OnDemand Services

Where a proposal or quotation is accepted for services to be provided on an ongoing, asneeded, or ad hoc basis, pricing applies at the time the services are actually delivered, unless the proposal or an Engagement Document expressly states that pricing is fixed for a specified period.

Acceptance of a proposal does not lock in pricing for services that are deferred, not scheduled, or not commenced within 60 days, and EGL reserves the right to apply its thencurrent pricing at the time the services are provided.

 

3.     Payment Terms

Unless otherwise agreed in an Engagement Document, EGL will invoice the Client for services provided, and payment must be made in accordance with the applicable payment terms. For the avoidance of doubt, payment timeframes are servicespecific and are detailed further in the relevant clauses of these Terms of Trade.

The date upon which any payment is due in accordance with this clause is the “Due Date”. Time is of the essence in respect of all terms relating to payment of the Contract Price and payment shall not be deemed to have been received by EGL until honoured.

All prices are subject to change, and EGL reserves the right to adjust pricing at any time, with such changes taking effect immediately and without prior notice. In cases where work is agreed to extend beyond a one-year period, pricing will be reviewed before the commencement of the second year and each subsequent year.

Overdue Accounts

Without prejudice to EGL’s other rights and remedies, if the Contract Price or any instalment of the Contract Price is not paid in full by the Due Date, EGL may revoke and withdraw any discount agreement between EGL and the Client; charge the Client default interest calculated on a daily basis on the amount outstanding from the Due Date for payment until payment in full at a rate of 5% per calendar month; suspend performance of the services under the contract with the Client (without any liability for such suspension), and charge the Client on a full indemnity basis (including legal costs and expenses on a solicitor/client basis) the cost of bringing legal proceedings, or debt collection proceedings to recover or attempt to recover any moneys due and owing to EGL or to recover or attempt to recover other damages for breach of contract by the Client.

Service Specific Payment Terms

Unless otherwise agreed in writing or set out in an Engagement Document.

Training: Upon acceptance of a training registration, booking or proposal, an invoice will be issued immediately. Full payment is due no later than seven (7) days prior to the agreed training delivery date.

Career Services (individual clients): Career Services provided directly to individuals (and not to organisations) are payable within seven (7) days of the invoice date.

Depositbased services: Certain services, including but not limited to staff surveys and HR audits, require payment of a 50% deposit on proposal acceptance (either verbally, online or via email), with the balance payable on completion of the services.

All other services: Invoices for all other services are payable on the 20th day of the month following the invoice date. If the work is ongoing EGL may generate a monthly progress invoice.

Recruitment services are provided under separate terms and conditions and are not governed by this clause.

 

4.     Project Timeframes

EGL will use reasonable endeavours to complete services within agreed timeframes but is not liable for delays outside its control, including delays caused by the Client.

 

5.   Notices

Notices must be in writing and sent to the contact details provided by each party, whether in an Application for Credit or otherwise.

 

6.   Professional Standards and Risk

EGL will provide services with reasonable skill, care and diligence consistent with industry standards.

The Client acknowledges that services involve the provision of advice and recommendations, and that all decisions relating to implementation remain the responsibility of the Client.

 

7.   Liability

To the maximum extent permitted by law, EGL is not liable for any loss arising from the Client’s reliance on information or advice provided by EGL. EGL, its employees, agents or contractors shall not be liable for any indirect, consequential or economic loss, including loss of profit, revenue or opportunity.

The provisions of this clause and clause 6 shall apply regardless of the form of action, damage, claim, liability, costs, expense or loss, whether in contract, statute, tort (including, without limitation, negligence) or otherwise. Templates, agreements, and general documentation purchased are provided as a one-off purchase. EGL is not responsible for updating these materials in response to future changes in employment law.

 

8.   Confidentiality

EGL recognises that in its capacity as a professional business advisor to the Client, EGL may be privy to confidential or commercially sensitive information regarding the Client’s business. EGL undertakes that it shall restrict access to this information to its employees or agents or contractors on a strictly “need to know” basis and shall not make use, or seek to make use, of such information, except for the purposes of providing EGL’s services to the Client.

Client Obligations – Storage and Access to Confidential Information

The Client acknowledges that, once confidential information is provided to or accessed by the Client, the Client is responsible for the secure storage, protection and appropriate internal access, and secure disposal.

The Client must take reasonable steps to ensure that confidential information is:

• stored securely;
• accessed only authorised personnel;
• used only for its intended purpose; and
• securely deleted or destroyed when no longer

EGL is not responsible for any unauthorised access, misuse or disclosure of confidential information arising from the Client’s systems, controls, storage or disposal practices or internal access arrangements, except to the extent required by law.

 

9.   Conflicts of Interest

EGL shall advise the Client as soon as practicable of any conflict of interest which it becomes aware of. If the Client does not consent to the provision of services continuing in view of such conflict then the services may be terminated in accordance with Clause 16.

 

10.  Consents and Approvals

Each Party is responsible for obtaining any consents required for its respective obligations under these Terms and any Engagement Document.

This includes EGL obtaining any consents required for the delivery of services, and the Client obtaining any consents relating to its personnel, data or systems.

 

11.  Intellectual Property

All intellectual property rights existing prior to the commencement of this agreement shall remain the exclusive property of the respective Party that owns them. Any new intellectual property developed or created during the provision of the services shall be owned by the Party that created it, unless otherwise agreed upon in writing by both Parties. Each Party agrees to take reasonable measures to protect the other Party’s intellectual property rights from unauthorised use, disclosure, or infringement. If either Party becomes aware of any infringement or suspected infringement of intellectual property, the Parties shall promptly notify each other and cooperate in any necessary legal action.

 

12.  Copyright

All intellectual property of EGL including written systems, templates, workbooks, procedures and other such written works provided to the Client by EGL are subject to copyright protection under the Copyright Act 1994 and the Client shall not copy or in any way distribute such material outside the organisation named in this agreement, or deal with it in any other way restricted by copyright.

 

13.  Publicity and Use of Name

All publicity related to services provided by EGL must be approved by the Parties. Neither Party shall use the name of the other Party in relation to these services or in any endorsement without written permission from the other Party.

 

14.  Health and Safety

EGL is not responsible for the Client’s health and safety obligations under applicable legislation. The Client remains responsible for ensuring a safe environment for any services delivered on its premises.

 

15.  Dispute Resolution

Any notice of dispute shall be given in writing. EGL and the Client shall in good faith attempt to resolve the dispute. This process may include mediation. If the dispute is not resolved within 20 working days from the date the dispute was advised in writing, then the dispute shall be referred to arbitration in accordance with the Arbitration Act 1996.

 

16.  Termination and Cancellations

If either Party wishes to terminate an Engagement Document for the provision of on-site or ongoing services, two weeks’ written notice must be provided.

On termination, EGL will invoice for all services provided up to the termination date at EGL’s applicable rates. The Client shall pay such invoices in accordance with Clause 3 of these Terms.

EGL may immediately terminate these Terms and any Engagement Document if the Client enters liquidation, receivership, voluntary administration, or, if an individual, becomes bankrupt. Such termination is without prejudice to any rights accrued up to the date of termination.

Prepaid Services

Where services are provided by EGL and paid in advance, and the Client cancels or advises that the services are no longer required before all prepaid hours have been used, EGL may issue a credit note for any unused fees.

Credit notes are valid for 12 months from the date of issue, may be applied to future EGL services, and are not redeemable for cash or transferable, unless otherwise agreed in writing by EGL.

 

Fixed-Term Programmes and Coaching Commitments

Where the Client engages EGL to deliver a programme or coaching engagement over a fixed term, the Client commits to the full duration of the programme and the associated fees for that period.

The Client acknowledges that the engagement is for the delivery of a programme of services and is not contingent on the ongoing involvement of any specific individual participant. If the nominated participant is unable to continue for any reason (including resignation, role change, or absence), the Client may nominate a replacement participant, subject to reasonable approval by EGL.

The programme term and all payment obligations will continue for the full agreed duration and are not affected by any change in personnel or participation.

Disbursements and Non-Recoverable Costs

Where EGL is engaged to provide services outside of its usual business location and, in connection with those services, has incurred nonrecoverable costs in advance, including but not limited to airfares, accommodation, ground transport or related travel expenses, the Client acknowledges that those costs are incurred expressly for the Client’s engagement.

If the Client cancels or postpones the services for any reason after such costs have been incurred by EGL, the Client remains liable for the reimbursement of all prepaid and nonrefundable costs, regardless of whether the services proceed.

Any reimbursable costs will be invoiced to the Client and are payable in accordance with these Terms of Trade.

Psychometric Assessments

Where any training, workshop, programme or agreed work includes psychometric, diagnostic or assessment tools (including any associated debriefs), and the training or programme is cancelled or postponed by either party for any reason after the assessment has been completed, the Client remains liable for the cost of the completed assessment and debrief (if applicable).

The cost of the assessment and debrief will be payable at EGL’s current pricing at the time the assessment was administered, regardless of whether the remainder of the training or programme proceeds.

For the avoidance of doubt, psychometric and assessment costs are nonrefundable once completed.

Cancellation or Postponement of Training by EGL

EGL reserves the right to cancel or postpone scheduled training if necessary. EGL will use reasonable endeavours to provide the Client with no less than five (5) working days’ notice where practicable.

EGL will not be responsible for any costs incurred by the Client as a result of such cancellation or postponement, other than a refund or credit of fees paid to EGL as set out below.

Inhouse or customised training (client-specific): Where EGL cancels or postpones inhouse or customised training, EGL may, by agreement with the Client, reschedule the training to an alternative date or provide a refund or credit of fees paid for the cancelled services.

Public workshops and programmes: Where EGL cancels a public workshop or programme, EGL will either refund the registration fee paid, or if agreed with the Client, transfer the registration to another scheduled workshop or programme.

 

Cancellation or Postponement of Training by Client

Public Workshops & Programmes –

If a public workshop or programme registration is cancelled by the Client, 50% of the fee applies for cancellations received at least five (5) working days before the start date, and no refund applies for cancellations received after that.

Where Regional Business Partner Network (RBPN) funding has been approved, the business owner remains responsible for payment of the full cost, as the funding provider will not subsidise nonattendance.

Once a public workshop or programme has commenced, registration constitutes a commitment to the full programme. If a participant withdraws, is unable to continue, or does not attend one or more modules after commencement, this does not relieve the Client or participant of the obligation to pay the full programme fee, whether payable upfront or by instalments, unless otherwise agreed in writing by EGL.

Substitutions within the same company are permitted if EGL is notified at least one (1) day prior to the relevant session (and, where applicable, the replacement participant is approved for funding). Any agreed refund will only be issued to the original payer.

Programme Attendance and CatchUp Sessions

Where EGL delivers training or programmes consisting of a set number of modules (whether delivered inperson, online or in a blended format), the Client acknowledges that attendance at all modules is required in order to obtain the full benefit of the programme.

If an individual participant is unable to attend a scheduled module for any reason, including illness or unforeseen circumstances, EGL may, at the Client’s request and subject to availability, arrange a catchup session for the missed module. Any catchup session will be provided at an additional cost to the Client, with pricing advised by EGL and determined based on the relevant module and the number of individuals attending the catchup session.

In-house or Customised Training (client-specific)

If training is cancelled 4 weeks prior to the training commencement date by the Client, 50% of the total training fee will be payable within 7 days (unless otherwise agreed).

If the Client’s scheduled training is cancelled less than 4 weeks prior to training commencement date, the total training fee is payable within 7 days (unless otherwise agreed).

An agreed alternative training date can be arranged, the new training date must be within 6 months of the original scheduled training date (unless otherwise agreed).

Programme Design

Where EGL designs a bespoke client-specific training programme for the Client, the Client acknowledges that programme design constitutes a significant and separately chargeable portion of the overall service.

If the Client cancels the services at any time after programme design has commenced, whether before any training delivery has occurred or prior to the completion of training delivery, EGL reserves the right to invoice the Client for the cost of programme design completed up to the date of cancellation.

Any such charge will be calculated based on the scope of work completed and will be communicated to the Client in writing.

Where an instalment payment arrangement has been agreed, any instalments paid by the Client will be applied against this amount, and EGL may invoice for any outstanding balance or make an appropriate adjustment where instalments paid exceed the value of work completed.

 

17.  Workplace Investigations

Where EGL is engaged to conduct a workplace investigation, EGL will undertake the investigation in accordance with its professional judgment and applicable good practice standards, including principles of procedural fairness.

Before commencing an investigation, EGL will typically agree a Terms of Reference with the Client setting out the scope and parameters of the investigation.

The Client acknowledges that:

• EGL’s role is to investigate matters and, where requested, provide findings or recommendations, but all decisions relating to employment outcomes remain the responsibility of the Client;
• EGL relies on information provided by the Client and relevant individuals, and is not responsible for any omissions, inaccuracies or incomplete information provided;
• findings and recommendations are based on the information available at the time of the investigation and may be affected by the level of cooperation from participants; and
• EGL does not warrant or guarantee any particular outcome arising from the investigation, including any legal or employment relations outcome.

The Client agrees to provide timely access to relevant personnel, documentation and information reasonably required to complete the investigation.

 

18.  Coaching, Mediation & Conflict Resolution

The following fees will apply if a scheduled appointment is cancelled:

• When an appointment is scheduled with an EGL coach or trainer, EGL must be notified within 24 hours of the appointment date/time if the Client is unable to attend (for whatever reason).

If EGL is not notified within this timeframe or the Client does not attend their appointment (for whatever reason) 50% of the scheduled coaching fee will be charged to the Client.

 

19.  Travel and Accommodation

The Client is responsible for their own travel/accommodation bookings. Should the services EGL were going to provide are rescheduled or cancelled, no compensation for such bookings will be provided.

 

20.  Personal Property Securities Act 1999 (“PPSA”)

EGL and the Client acknowledge that these Terms constitute a security agreement as defined under the PPSA. For the purposes of the PPSA, collateral includes services and the proceeds of their sale. The Client agrees that EGL has a security interest in all of the Client’s present and after-acquired property where EGL has provided services to the Client, that EGL may register a financing statement on the Personal Properties Securities Register to protect its security interest.

 

21.  Non-Solicitation of Employees and Contractors

Unless otherwise agreed in writing, the Client agrees not to engage directly or indirectly (on the Client’s own behalf or otherwise) with any of EGL’s contractors/employees or to accept any business from any of EGL’s contractors acting on their own behalf.

The Client must not engage directly or indirectly with any EGL employee or contractor involved in delivering services during the engagement or within six months after it ends.

For the avoidance of doubt, in this clause EGL’s contractors/employees means any person who EGL has engaged at any time during the course of this agreement or any Engagement Document, any extensions of this agreement or any Engagement Document, with the Client (or that EGL has introduced to the Client). The Client acknowledges that the constraints detailed in this provision are reasonable and necessary to protect and maintain EGL’s proprietary interests and other legitimate interests of EGL’s business.

The Client further acknowledges that the services provided by EGL under this agreement and any Engagement Document represent reasonable and sufficient consideration for the constraints contained within this clause. In the event of any breach of this clause, the Client agrees to pay a recruitment fee of 10% of the agreed salary + GST in respect of every contractor/employee that the Client directly or indirectly engages in breach of this clause or that the Client accepts business from in breach of this clause.

 

22.  Consumer Guarantees Act

The Client agrees and acknowledges that where the Client is acquiring the services (for itself or its principal) from EGL for the purposes of a business the provisions of the CGA do not apply.

 

23.  Governing Law

This agreement is governed by New Zealand law and the New Zealand courts have jurisdiction in respect of this agreement.

 

24.  Privacy and Data Use

The Client irrevocably authorises any person or company to provide EGL with such information as it may require in the course of its credit inquiries or provision of services.

The Client further authorises EGL to collect and hold such information and to furnish such information to any third Party together with details of any credit application form completed and any transactions that the Client may have with EGL.

EGL is committed to ensuring that any use of artificial intelligence (“AI”) aligns with EGL’s privacy obligations under the Privacy Act 2020. Specifically:

• Data Handling: Personal information processed through AI tools is handled with the same level of care and protection as all other data EGL collect. EGL does not use AI tools to make automated decisions that have legal or similarly significant effects on individuals without human oversight.
• Third-Party Providers: EGL’s AI tools are provided by reputable third-party vendors who comply with robust data protection and security standards. For example, Microsoft Copilot operates within the Microsoft 365 environment and adheres to Microsoft’s enterprise-grade security and compliance commitments.
• Transparency and Consent: EGL only uses AI tools to help with the information EGL originally If EGL ever wishes to use AI in a way that involves the Client’s personal information for something new or different, EGL will ask for the Client’s permission first.
• Data Minimisation: EGL ensures that only the minimum necessary personal information is used when interacting with AI tools, and avoids inputting sensitive or unnecessary personal data.

 

EGL may use AIenabled tools to assist with service delivery, including research, analysis, drafting, and administration. All use of AI is subject to human oversight and complies with applicable privacy and confidentiality obligations.

EGL will take reasonable steps to ensure that the use of AI tools complies with applicable privacy, confidentiality and data protection obligations. EGL will not knowingly use confidential Client information to train public AI models.

Unless otherwise agreed in writing, the use of AI tools does not affect ownership of intellectual property, confidentiality obligations, or any other rights or obligations under these Terms of Trade.

Please refer to Everest People’s Privacy Policy for further information: www.everestpeople.co.nz/privacy-policy/

 

25.  Waiver

If EGL delays or does not exercise any of its rights or remedies under these Terms and Conditions of Sale or, otherwise at law, that will not be a waiver of any of its rights or remedies. Any waiver that EGL gives the Client must be in writing and will be effective only in the specific instance and for the specific purpose for which it was given.

 

26.  Severability

If any part of these Terms is deemed to be invalid, illegal or unenforceable, the remaining provisions will remain in full force and effect.