Terms of Service – The Leader Hub Limited

These Terms of Service set out the standard terms and conditions on which The Leader Hub Limited (we, us, our) provide our service to our Clients (you, your, their).

These Terms of Service are incorporated into and form part of each quote, proposal, statement of work, or engagement document issued by us. By accepting any quote, proposal, statement of work, letter of engagement, or by requesting that we commence or continue providing services (whether verbally, by email, or otherwise), you agree that these Terms of Service apply and are binding on you.

Our Work

The Leader Hub Limited offers people and culture (human resource) consultancy, leadership development, coaching and general employment expertise based on the scope of work as agreed with our Client. In delivering our services, we will:

• exercise reasonable care and skill
• adhere to our legal and ethical obligations
• make our best efforts to achieve the desired outcomes within agreed timeframes, costings, or scope

It is crucial to establish clear communication and a shared understanding of instructions and expectations from the outset to ensure the best possible service. You agree to provide us with full and accurate information when we are providing services and advice. Additionally, you are responsible for making timely decisions and supplying us with all requested information necessary to provide the services.

Whilst The Leader Hub Limited is able to provide you with people and culture advice, and dispute resolution, The Leader Hub Limited is not able to give you specific legal advice. Any advice, whether verbal, written, or implied, should not be construed as legal advice. If you require legal advice, you should consult your lawyer, or we can help connect you with an appropriate lawyer.

We back our services and undertake to provide quality advice and services. If you are dissatisfied with our services or advice we expect that you would raise this with us directly and promptly.

Our Fees

Fee basis:

• Our fees are typically based on the time spent on a matter (charged at an hourly rate) or agreed-upon service/project-based packages. All rates are exclusive of GST. You are responsible for paying the fees associated with our services.
  
  
• If you request an estimate from us, it is only an indication of the cost of our services. The final cost will be based on our hourly or part-hourly charge rates for the actual time spent providing the services. If the work is likely to significantly exceed the estimate, we will discuss it with you before incurring additional costs. All estimates are exclusive of GST unless otherwise stated. Estimates are limited to the agreed scope of services. Any additional services, time, or changes to the originally specified scope of services will incur additional charges. Any changes to rates will be communicated to the Client in writing.

Guarantees: If you are a company, we may require personal guarantees of payment of all invoices to be given by the directors or shareholders of that company as a condition of providing you with our services.

Expenses: In addition to the services, The Leader Hub Limited may charge the Client for expenses and disbursements, including but not limited to printing and photocopying, binding, advertising, assessment costs, printed materials, overseas telephone calls, venue, travel, transport, food, postage, and couriers. We reserve the right to request advance payment. Travel time may be charged in certain circumstances.

Early termination or reduction of scope: If you cancel, terminate, or materially reduce the scope of agreed services after acceptance of a quote or proposal, you agree to pay a fair and reasonable termination fee. Unless otherwise agreed, this fee will be:

(a) all fees incurred up to the date of termination; plus

(b) a cancellation charge equal to 33% of the remaining fees for the cancelled services, reflecting our reserved time, lost opportunity, and preparatory work.

Payment Terms

We may invoice for services either in advance or following service delivery. Invoicing in advance does not affect our payment terms. In either case, payment is due within 7 days from the date of the invoice unless otherwise agreed upon in writing by both parties.

If any invoice remains unpaid beyond its due date, we may:

• suspend or delay services (including future bookings) until payment is received, without liability to you;
• charge interest at the current commercial overdraft rate plus 3% on overdue accounts calculated from the due date to the payment date (inclusive);
• on-charge any debt collection fees, court costs, and solicitor fees associated with the collection of the overdue amount.

If you dispute any aspect of an invoice, you must raise your dispute by the latter of:

• 7 days of receiving the invoice; or
• service delivery.

Intellectual Property

For the purposes of this clause, Intellectual Property means all present and future rights in copyright, trade marks, patents, designs, confidential information, know‑how, trade secrets, data, software, and any other intellectual or industrial property rights, whether registered or unregistered.

Nothing in this agreement transfers or grants to either party any right, title or interest in any intellectual property owned by the other party prior to acceptance of these terms or developed independently of your engagement with us (Pre-existing Intellectual Property).

Unless otherwise agreed in writing, all Intellectual Property created, developed or first reduced to practice by a party in the performance of this agreement (New Intellectual Property) will vest in that party upon creation.

Each party grants to the other a non‑exclusive, royalty‑free licence to use its Pre‑existing Intellectual Property and any New Intellectual Property made available under this agreement solely to the extent necessary to receive the benefit of this agreement and for no other purpose.

A party must not incorporate any third‑party Intellectual Property into any deliverables or materials provided under this agreement unless it has the right to do so and ensures the other party has the benefit of any necessary licences to use that third‑party intellectual property in accordance with this agreement.

Participant content

You acknowledge that participants in workshops or other services may contribute comments, materials, examples, or written content (Participant Content).

We will use reasonable endeavours to ensure that Participant Content is appropriate, not offensive, and does not infringe the rights of others, however, you acknowledge and agree that:

• Participant Content is ultimately outside our control, and we do not control, review, endorse, or accept responsibility for such content; and
• we will not be liable for any claims arising from such content.

To the extent reasonably possible in the circumstances, we reserve the right, at our sole discretion, to not use, to moderate, or to remove any Participant Content.

Sharing of content

Unless expressly agreed in writing, you must not publish, share, distribute, or make available to any third party (including on social media or marketing platforms) any materials, content, tools, templates, or resources provided by us as part of the services.

If you choose to publish, share, or distribute any such materials (with or without our consent), you do so at your own risk and are solely responsible for ensuring that such use does not breach any law or third‑party rights, including confidentiality, privacy, intellectual property, or defamation obligations.

You agree that we are not responsible for, and will not be liable for, any claims, losses, or damages arising from your use or misuse of the materials outside the scope of the services.

Marketing materials

During the provision of our Services, we may take photographs, video recordings, or other media. You acknowledge and agree that we may use, reproduce, and publish such materials, including participant content, for marketing and promotional purposes, including on our websites and social media channels. You warrant that you have informed all participants of this in advance and obtained all necessary consents to enable such use.

From time to time, we may send you relevant information, such as newsletters, updates, and other materials (Marketing Materials). By agreeing to these terms, you agree to us emailing you Marketing Materials from time to time. If in the future you no longer wish to receive Marketing Materials, please contact us and we will remove you from our mailing list.

Privacy

We are committed to protecting the privacy of all customers and attendees at our courses in accordance with the requirements of the Privacy Act 2020 (Privacy Act). This section 9 sets out our privacy practices and how we comply with the requirements of the Privacy Act.

In the course of providing services (including workshops, coaching, and leadership programmes), we may collect and use personal information such as names, roles, contact details, feedback, and discussion content. This information is used solely for delivering the services, internal quality improvement, record‑keeping, and compliance purposes. This collection may occur directly, or via a third party (such as via the organiser of the relevant session).

Where you provide us with the personal information of any third party (such as where you are arranging for attendees to attend one of our sessions on that attendee’s behalf) you will make that third party aware of our privacy commitments set out in this section 9.

We will take reasonable steps to protect personal information against loss, misuse, or unauthorised disclosure. We will only use  personal information for purposes outlined in these Terms (including for the purposes outlined in section 8).

We may retain records for a reasonable period for legal, compliance, and business continuity purposes. When we no longer have a reason to retain personal information, we will either destroy or de-identify that information.

If we become aware of a privacy breach involving your personal information, we will:

• assess the breach to determine whether it amounts to a notifiable privacy breach (as that phrase is defined in the Privacy Act 2020 (Act));
• investigate the cause and effects of the breach; and
• take reasonable steps to prevent similar breaches from occurring again in the future.

Where the breach is assessed as being a notifiable privacy breach (that is, it is likely to cause serious harm), we will notify the Privacy Commissioner and (subject to any appropriate exceptions applying) the affected individuals of the breach in accordance with the requirements of the Act.

Under the Privacy Act 2020 (Act), you have the following rights:

• The right to access personal information held by us about you. This right is subject to certain grounds for our refusal as outlined in the Act.
• The right to request corrections to the personal information that we hold about you. Should you request a correction, we will make the correction should the correction be reasonable and we are reasonably able to make it. If we are unable to, we will take reasonable steps to note the requested correction in our records against your data.

If you would like to exercise the above rights, please contact our Privacy Officer at angie@theleaderhub.co.nz  In your message, please clearly state what information you are requesting, provide evidence of your identity, and notify us of anything else you deem relevant to your request. Please note that, in considering your request, we may need to request additional information from you in order to verify your identity prior to acting on your request.

If you are unhappy with how we have handled any privacy issues you have experienced or otherwise feel that we have breached your privacy, you are entitled to submit a complaint to the Office of the Privacy Commissioner. More information about this process can be found here

Confidentiality

The Leader Hub Limited treats all information regarding you and your business obtained during the provision of services as confidential. All team members and independent contractors at The Leader Hub Limited are obligated to maintain confidentiality regarding our clients.

The Leader Hub Limited will not disclose any client information unless authorised by you in writing or required by law.

We will take reasonable security measures to protect confidential information from unauthorised use or disclosure. Upon written request, we will return or destroy confidential information belonging to you. However, we may retain a copy of the information as necessary to continue assisting you, maintaining records, and for disaster recovery purposes.

Liability

To the maximum extent permitted by law, we will not be liable to you (whether in contract, tort (including negligence), equity, breach of statutory duty or otherwise) for any loss of profit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of anticipated savings, or any indirect or consequential loss, arising out of or in connection with the supply of our services to you.

Where you acquire the services for business purposes, you acknowledge and agree that the guarantees contained in the Consumer Guarantees Act 1993 are excluded (as you are acquiring the services for the purposes of a business in terms of sections 2 and 43 of that Act) and the services are supplied and acquired in trade for the purposes of the Fair Trading Act 1986 and that we (including our representatives) and you contract out of sections 9, 12A, and 13 of that Act.

In the event that we incur liability to you:

• our liability is limited to the total fees paid by you to us in relation to the services to which the liability relates; however
• we will not be responsible for any loss or damage to the extent caused or contributed to by:
• your acts or omissions;
• your breach of these terms (including your publication, distribution, or misuse of materials provided as part of the services) or any applicable laws;
• any information, materials, instructions, or Participant Content supplied or generated by you or any workshop participants that is inaccurate, incomplete, misleading, offensive, or infringes any third‑party rights.

Indemnity

You indemnify and hold harmless us from and against all claims, losses, damages, costs and expenses (including legal costs on a solicitor‑client basis) arising out of or in connection with:

• your acts or omissions;
• your breach of these terms (including your publication, distribution, or misuse of materials provided as part of the services) or any applicable laws;
• any information, materials, instructions or Participant Content supplied by you that are inaccurate, incomplete, defamatory or infringe on the rights of any third‑party’; or
• your breach of the warranty contained in section 8.

General

We may update these Terms of Service from time to time. Any changes will apply only to new engagements or, where practicable, we will provide reasonable notice before changes apply to ongoing services.

If any provision of this agreement is deemed illegal, void, or unenforceable, it will not affect the enforceability of the remaining provisions, which will remain in full force.

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