Effective Date: 1st April 2023

Business Email & Communications Service Terms and Conditions

These Terms and Conditions ("Terms") govern the use of the Business Email & Communication Services provided by Ngakau Group Limited (hereafter referred to as "Service Provider"), to you (“Client”). By utilizing our services, you acknowledge and agree to the following terms:

Description of Service: Service Provider will provide Business Email & Communication Services as specified in the invoice.

The service may also include access to certain goods or services, the cost of which will be on-charged to the client.

Pricing and Payment: The client agrees to pay the fees as specified in the invoice.

Invoices will be issued at agreed intervals, and payment is due as per the terms outlined in the invoice.

Failure to make payment on time may result in the suspension or cancellation of the Business Email service.

Ownership and Responsibility: The client retains ownership of their email data and content.

The client is solely responsible for the content, data, and information transmitted or stored through the Business Email service.

Service Provider will assist in the management and administration of email accounts but does not claim ownership of client data.

Compliance: The client is responsible for ensuring that their use of the Business Email & Communication Services complies with all applicable laws and regulations.

Service Provider will make its best efforts to provide a secure and compliant service but does not assume legal responsibility for client email content or usage.

Backup and Retention: The client is responsible for maintaining backup copies of their email data.

Service Provider does not guarantee the retention of email data beyond the terms specified in the agreement.

Data recovery and backup services are available at an additional cost.

Changes and Amendments: Service Provider reserves the right to change and amend these Terms and Conditions at any time. Changes may include modifications to the service, pricing adjustments, or the addition of new terms.

It is the client's responsibility to review and accept the updated Terms and Conditions.

If the client does not agree with the updated Terms and Conditions, they should refrain from using the Business Email & Communication Services.

Termination of the Business Email & Communication Services can be initiated in writing by either party, provided that a written notice of termination is given. Additionally, Service Provider reserves the right to initiate termination of the service upon failure by the client to make timely payments as per the agreed-upon terms.

Upon termination, the client may be responsible for outstanding fees and any oncharged costs incurred.

Service Suspension and Cancellation: In the event of non-payment or late payment, Service Provider reserves the right to suspend or cancel the Business Email & Communication Services. Suspension or cancellation will be initiated by access restriction and services may be restored upon payment of outstanding fees.

Confidentiality: Both parties agree to maintain the confidentiality of email data and information shared during the course of this service.

Governing Law: These Terms and the Business Email & Communication Services are governed by the laws of New Zealand

Entire Agreement: These Terms constitute the entire understanding between the parties regarding the Business Email & Communication Services.

Acceptance: The client's use of the Business Email & Communication Services signifies acceptance of these Terms and any associated agreements.

Administrative Service Terms and Conditions

Acceptance of Terms and Conditions: By using our services, you hereby acknowledge and agree to abide by the terms and conditions set forth. Your use of our services constitutes your acceptance of these terms and conditions. If you do not agree with these terms and conditions, please refrain from using our services.

Service Description: Ngakau Group Limited (hereafter referred to as "Service Provider") offers services, which encompass administrative support, project management, and email management services, to the Client (hereafter referred to as "Customer").

Scope of Services: The scope of services includes, but is not limited to, administrative tasks, project coordination, data handling, and email management.

Data Ownership: The Customer retains full ownership of all data, including project-related data and email data, and the Service Provider has no claim or ownership rights over this data.

Data Responsibility: The Customer is solely responsible for the accuracy, legality, and compliance of the data they provide or use within the scope of the services. The Service Provider's role is to process and manage the data as instructed by the Customer.

Data Protection and Security: The Customer is responsible for implementing and maintaining adequate data protection and security measures. The Service Provider may offer recommendations or assistance, but the ultimate responsibility lies with the Customer.

Data Loss: The Service Provider is not responsible for any data loss, damage, or unauthorized access, whether due to technical issues, human error, or other factors. The Customer is encouraged to regularly back up their data.

Data Privacy Compliance: The Customer is responsible for ensuring that their use of the services complies with all applicable data protection and privacy laws. The Service Provider will assist to the extent possible but does not assume responsibility for regulatory compliance.

Third-Party Services: If the Service Provider relies on third-party services, such as email hosting platforms, the terms and conditions of those third-party services may apply, and the Customer should review and comply with those terms.

Indemnification: The Customer agrees to indemnify and hold the Service Provider harmless from any claims, losses, or damages related to data, including but not limited to data breaches or data-related legal disputes.

Limited Liability: The Service Provider's liability for any data-related issues, including data loss, is limited to the extent permitted by applicable laws and regulations.

Termination and Data Handling: Upon termination of the services, the Customer may request data retrieval or deletion, and the Service Provider may charge additional fees for such services.

Data Retention Policy: The Customer is responsible for defining and implementing their own data retention policies and practices. The Service Provider does not assume responsibility for data retention.

Payment and Billing: The Customer agrees to pay all fees and charges associated with the services in accordance with the payment terms specified in the invoice or agreement.

Termination: Either party may terminate the services with written notice to the other party. The Customer is responsible for any outstanding fees up to the termination date.

Confidentiality: Both parties agree to maintain the confidentiality of any proprietary or sensitive information shared during the course of the services.

Governing Law and Jurisdiction: This agreement shall be governed by and construed in accordance with the laws of New Zealand Any disputes arising from or related to this agreement shall be subject to the exclusive jurisdiction of the courts of New Zealand.

Changes to Terms: The Service Provider reserves the right to modify these terms and conditions by providing notice to the Customer in writing or through electronic means. Continued use of the services constitutes acceptance of the modified terms.

Entire Agreement: These terms and conditions, together with any separate agreements or contracts between the Service Provider and the Customer, constitute the entire understanding and agreement between the parties regarding the services.

Customized Software Terms of Use

User: ("You") Provider: Ngakau Group Limited

1. ACCEPTANCE OF TERMS

By accessing or using the software provided by Provider, User agrees to comply with and be bound by these Software Terms of Use ("Terms"). If User does not agree to these Terms, please do not use the Software.

2. USE OF THE SOFTWARE

2.1 Description: The Software provides User with access to customized Portals & Knowledgebase.

2.2 Access: User is granted a non-exclusive, non-transferable, limited license to use the Software.

3. PAYMENT

3.1 User shall pay the fees monthly in advance with invoice provided by Provider.

3.2 Payment Method: Payment shall be made using the payment method specified by Provider.

4. USE OF THE SOFTWARE

4.1 Compliance: User shall use the Software in compliance with all applicable laws and these Terms.

4.2 Acceptance of Terms: By using the Software, User expressly acknowledges and accepts these Terms. If User disagrees with these Terms, User should refrain from using the Software.

4.3 Data Accuracy: Provider has no responsibility for the accuracy, completeness, or reliability of data or information contained in the Software. User is solely responsible for verifying and maintaining the accuracy of its data.

4.4 Data Backup: User is responsible for maintaining adequate backup copies of its data and information. Provider shall not be liable for any loss or corruption of data.

5. DATA AND PRIVACY

5.1 Data Protection: Provider may collect and process data as described in its Privacy Policy.

5.2 User Data: User retains ownership of any data or content submitted to or processed by the Software.

6. SUPPORT AND MAINTENANCE

Provider may provide support and maintenance services as outlined in the agreement.

7. TERMINATION

7.1 Termination for Cause: Either Party may terminate this agreement for cause upon written notice if the other Party breaches any material term or condition of these Terms.

7.2 Effect of Termination: Upon termination, User's access to the Software shall cease, and User shall promptly cease using the Software.

8. DISCLAIMER OF WARRANTIES

The Software is provided "as is" and "as available" without any warranties, whether express or implied.

9. LIMITATION OF LIABILITY

Provider's liability for any claims arising out of or related to this agreement shall be limited to the total amount paid by User, if applicable.

10. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of New Zealand Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located within New Zealand

11. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the Parties with respect to the Software use and supersedes all prior agreements, understandings, and representations.

Construction and Site Remediation Services

Terms and Conditions

These Terms and Conditions ("Terms") govern the provision of construction and site remediation services by Ngakau Group Limited (hereafter referred to as "Service Provider"), to you (“Client”). By utilizing our services, you acknowledge and agree to the following terms:

Scope of Services: Service Provider will provide construction and site remediation services as outlined in the agreement. These services may involve coordinating various contractors and subcontractors.

Pricing and Payment: The client agrees to pay the fees as specified in the invoice.

Service Provider may, at its discretion, coordinate contractors and subcontractors to perform specific tasks, and the costs associated with these contractors' services will be on-charged to the client.

Invoices will be issued at agreed intervals, and payment is due as per the terms outlined in the invoice.

Ownership of Work: Upon completion of the services, the client will own the work and improvements made to the site, subject to any lien rights of contractors or subcontractors.

Compliance: Service Provider will make every effort to ensure that all construction and site remediation work is carried out in compliance with relevant laws and regulations.

The client is responsible for ensuring that their use of the site and any construction activities align with applicable legal requirements.

Changes and Amendments: Any changes or amendments to the services, including pricing adjustments, will be communicated to the client in advance.

Changes may include modifications to the scope of work or additional contractor services, which will be reflected in the client's invoice.

Vehicle and Plant Storage: While Service Provider offers Vehicle and Plant storage services for your convenience, please be aware of the following:

No Responsibility: We do not assume responsibility for the condition, safety, or contents of items stored with us.

Item Condition: Ensure your stored items are in suitable condition. We do not provide maintenance or inspection services unless agreed upon separately.

Contents: You are responsible for the contents within your stored items. We are not liable for damage, loss, theft, or any issues related to these contents.

Security: Although we take reasonable security measures, consider additional precautions for valuable or sensitive items.

Insurance: Maintain adequate insurance for stored items. We do not provide insurance coverage.

Termination: Notify us before removing items or terminating storage services. We are not responsible for losses during termination.

By using our storage services, you accept these terms.

Termination of Contract: Either party may terminate this contract by providing written notice to the other party. The notice period and termination conditions will be as specified in the individual contract for each project.

Service Provider reserves the right to suspend or terminate further services in the following circumstances:

· Failure by the client to make timely payments as per the agreed-upon terms.

· Material breach of contract terms by either party.

Upon termination of the contract, the client may be responsible for outstanding fees, including any on-charged costs incurred during the project.

Service Suspension and Cancellation:

In the event of non-payment or late payment, Service Provider reserves the right to suspend or cancel the services.

Suspension or cancellation services may be restored upon payment of outstanding fees.

Confidentiality: Both parties agree to maintain the confidentiality of project-related information and data shared during the course of this engagement.

Governing Law: These Terms and the provision of construction and site remediation services are governed by the laws of New Zealand.

Entire Agreement: These Terms, along with the agreement between Service Provider and the client, constitute the entire understanding between the parties regarding the construction and site remediation services.

Acceptance: The client's utilization of the construction and site remediation services signifies acceptance of these Terms and any associated agreements.