Terms of Service

The fine print — here to keep things running smoothly

These Terms of Service set out the standard terms and conditions on which Empire Collective Limited, trading as Empire Employee Experiences (Empire, we, us, and our) provide services to our clients (Client, you, your and their).

By engaging Empire to carry out services, it is acknowledged that you agree to these Terms of Service (Empire is not required to hold a signed copy on file).

These terms will apply when Empire is engaged by any Client to provide services and it will provide the full basis of an engagement.

Our Work

Empire will provide Human Resource / People and Culture specialist services, and/or Employee Experience Design / Coaching, based on the scope of work as instructed by the employer, business owner or individual, or as discussed and agreed.

In carrying out any services, we will:

Take all reasonable care and skill
Comply with our legal and ethical obligations
Use our best efforts to deliver the required outcomes within agreed or anticipated timeframes, quotes, or scope.

For us to provide you with the best possible service or advice, we ask that you provide timely, accurate and relevant information, and agree to make decisions promptly. It is also important that positive communication and a shared understanding of instructions and expectations is established at the outset of each engagement of work.

Whilst Empire is able to provide support, coaching, and advice in relation to employment processes and concerns, you the Client are the decision maker and decide on what course of action is to be taken. As such, the Client agrees that Empire is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by Empire. Empire is not able to give you specific legal advice. No advice verbal, written or implied should be construed as specific legal advice. Should you wish to obtain legal advice you would need to contact a lawyer.

Our Fees

Our fees will usually be either based on the time spent (charged at an hourly rate*) or a service / project-based package will be agreed. All rates are GST exclusive. You must pay the fees for the provision of our services. At Empire’s discretion, a non-refundable retainer shall be payable prior to commencement of the Services.

In addition to the Services, Empire may charge the Client for any related expenses and disbursements including, but not limited to, printing and photocopying, binding, advertising, assessment costs, overseas calls, venue, travel, transport, food, postage and couriers, incurred whilst providing services. We reserve the right to request payment in advance.

Travel time will be charged at the agreed hourly rate for services provided. Travel more than 10km away from Empire’s office location, will incur an additional $1.10 per kilometre charge. This charge will be added on to any invoices, unless agreed otherwise.

Coaching and training packages may be invoiced in full prior to commencement.

Onsite Services & Facilitation Changes: If specific services have been agreed to be delivered on a specific day/s but you require a change to the date of delivery, you must give us a minimum of 5 business days’ notice. If you give us less than 5 business days’ notice, and the scheduled Empire team member is unable to be redeployed onto other duties for other clients, you will be liable to pay the agreed fee in full.

Coaching Cancellation Policy: It is your responsibility to notify Empire a minimum of 24 hours in advance of the scheduled coaching calls/meetings, if you are unable to make the scheduled time. Empire reserves the right to invoice the Client for a missed meeting or a postponed meeting within 24 hours or consider it 'taken' if a bundle of Coaching sessions were purchased. Repeated missed meetings will be charged in full.

*Estimates: If Empire is requested to provide an estimate, that is only an indication of the cost of our services. The final cost of our services will be based upon the full requirements / hours of providing any services. Where work undertaken is likely to significantly exceed any estimate, we will discuss this with you before significant additional costs are incurred. All estimates are GST exclusive unless stated otherwise. Estimates are confined to the scope agreed. If additional services and time are required, or there are changes to the scope of services you originally specified, that will be additionally charged.

Any change to rates will be notified to the Client in writing.

Our Payment Terms

Payment is due within 7 days from the date of the invoice, unless otherwise agreed in writing by the parties.

Empire may charge interest at 2.5% on overdue accounts, interest will be calculated from the due date to the date of payment (both inclusive). Additionally, clients who default on payment will be liable for any debt collection fees, court costs and solicitor fees relating to overdue account collection.

Empire may suspend or terminate the Services without warning if outstanding invoices remain unpaid after 30 days. In the event of termination by either party, the Client agrees to pay for all work completed up to that point.

We are happy to discuss any aspect of our fees with you at any time. However, if there are any issues with our invoice, you must raise these within 7 days of receipt of our invoice otherwise you will be deemed to have accepted our invoice as validly issued and payable.

Guarantee

We stand behind our services and undertake to provide quality advice and services. If you are dissatisfied with our services or advice, we would expect you to raise this with us at your earliest opportunity.

Confidentiality, Privacy & Communication

Empire holds in confidence all information concerning you or your affairs that we may obtain while providing the Services for you. All Empire team members and independent contractors are bound by an obligation of confidence to you, our clients.

Empire will not disclose any client information unless required and authorised by you as Client (with your written consent), or by law.

Empire agrees to:

Take reasonable security precautions to protect confidential information from un-authorised use or disclosure; and
On written request, return or destroy confidential information belonging to you. Although Empire may retain a copy of the information to the extent we consider it necessary to continue to assist you and/or for the purpose of good record keeping and disaster recovery purposes.

Coaching Clients: This coaching relationship, as well as all information (documented or verbal) that the direct coaching Client shares with Empire as part of this relationship, is bound by the principles of confidentiality outlined in the ICF Code of Ethics. The Client is solely responsible for creating and implementing his/her own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and his/her coaching calls and interactions with Empire. As such, the Client agrees

that Empire is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by Empire. The Client understands coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.

Email Communication & Newsletters: We will from time to time send you information, such as newsletters, updates and other material that may be relevant to you. These may be sent in an electronic format to the email address provided by you. Unless you advise us, otherwise, we will assume you agree to receive this information.

Liability & Coverage

To the maximum extent permitted by law, our warranties and guarantees are limited to those stated in these Terms of Service. Any implied condition, guarantee or warranty is excluded.

Except as otherwise provided by these terms, Empire shall not be liable for any loss or damage, including consequential loss, suffered or incurred by the Client.

Empire completes and proofreads its work to a high standard, however, the Client is responsible for final proofreading of any work; where they are executing the work directly.

The Client shall indemnify Empire against all claims and losses caused by their negligence or breach of these Terms of Service.

If, despite the other provisions of these Terms of Service, Empire is found to be liable to the Client then, without limiting Empire’s obligation to indemnify the Client in accordance with these Terms of Service, its liability for any single event or series of related events is limited to the amount the Client actually paid for the Services which gave rise to the claim. The liability of Empire shall be reduced proportionately to the extent that any act or omission of the Client has contributed to such loss or damage.

Our duties under these Terms of Service are owed to the client, we do not accept any responsibility to any third parties who may be affected by our performance of the service or who may rely on advice given, except as expressly agreed in writing between us.

Intellectual Property

Intellectual property includes patent, know-how, copyright, design, trade mark, trade, business or company names and all or any other intellectual or other proprietary rights (whether registered or unregistered).

To the extent that intellectual property exists and is owned by Empire or you at the commencement of our engagement or provided during engagement as a specific service offering/package i.e., Supervisory Training or Leadership Workshop facilitation, that property will remain owned by that party. Each party grants a non-transferrable license to the other party to allow the other party to use that intellectual property for the sole purpose providing or using the services, if required.

To the extent that intellectual property is created by Empire as part of your instructions to us, that intellectual property will be owned by you and Empire (other than modifications or improvements to a party’s pre-existing intellectual property, which shall be solely owned by the party whose pre-existing intellectual property has been modified or improved).

General

Empire is entitled to change these Terms of Service from time to time. In the situation that these terms are modified or updated, you will be notified.

If any provision of this agreement is held to be illegal, void or unenforceable such determination will not impair the enforceability of the remaining parts of the agreement which will remain in full force.

These Terms of Service shall be governed by New Zealand law and the parties submit to the exclusive jurisdiction of the courts of New Zealand.