ACTIVATE TĀMAKI MAKAURAU - TERMS AND CONDITIONS FOR BUSINESSES

What is this?

1 Tātaki Auckland Unlimited Limited (AUL) has received funding from the Ministry of Business, Innovation and Employment (MBIE) to help eligible Auckland businesses access:

1.1 funding for business advice (including business planning) services;

1.2 implementation grants to implement that advice; and

1.3 health and wellbeing support.

2 The purpose of the funding is to support businesses in Tāmaki Makaurau through the uncertainty and impact caused by COVID-19. The expected outcomes include:

2.1 building more resilient businesses;

2.2 supporting tough business decisions;

2.3 involving businesses’ ability to operate when COVID-19 restrictions are in place; and

2.4 to better position businesses to seize future opportunities and productivity gains.

3 Accordingly, AUL, partnering with the Pacific Business Trust (PBT), has created the Activate Tāmaki Makaurau Portal (Portal). Subject to available funding from MBIE, the Portal will be open to receive applications for funding until 30 June 2022 (Term).

4 By completing and submitting the funding application form, you agree that these terms form a legally binding contract between you and AUL concerning your application and receipt of any business advice and/or implementation services in accordance with the services agreement (Services).

5 References to you in these terms mean the company or other entity (including a partnership) which operates your business or, if you are a sole trader, means you personally.

What is the process?

6 In summary, after you submit your funding application form:

6.1 The Portal will invite you to nominate or select a Service Provider to provide the advice or to implement advice previously provided using the Portal (Service Provider).

6.2 The Service Provider will be contacted and, if available to perform the Services, will upload a proposal for your approval, such proposal to include the total amount payable to the Service Provider for its provision of the Services (Fee). All proposals will clearly identify the services that are to be covered by the AUL funding.

6.3 If you approve the proposal, then provided your funding application meets the eligibility criteria set out below, your application will be assessed by our assessors at our sole and absolute discretion including, without limitation:

6.3.1 any factors set out on the Portal;

6.3.2 consideration of the fit between your needs and the proposal; and

6.3.3 the extent to which the application meets the intent of the Activate Tāmaki Makaurau programme.

6.4 You will be notified by us whether or not your application for funding is successful and, if successful, the amount of the funding we will pay directly to the Service Provider in accordance with these terms and the services agreement referred to below (Approved Funding). Any amount of the Service Provider’s quoted Fee in excess of the Approved Funding will be payable by you. If your application is not successful, you may reapply using the Portal.

6.5 You will enter into a services agreement with the Service Provider in a form generated by us, relating to the provision of the Services to you.

7 You can only have one application in progress at a time.

8 Total funding to any one business, excluding general health and wellbeing support/advice for individuals, is limited to a maximum of $3000 + GST relating to the provision of advice and up to $4000 + GST for implementation grants.

9 We may reject your funding application or, if your application has been approved, terminate the relationship contemplated by these terms if you do not comply with these terms. This includes if any of the warranties set out in clause 25 cease to be true. If we terminate our relationship, we will not be required to pay any of the Approved Funding.

10 It is important that you understand that:

10.1 registration of a Service Provider on the Portal is not a representation, warranty or guarantee by us that the Service Provider has any particular skills, expertise, or experience;

10.2 we are not responsible for your choice of Service Provider and that you will undertake all due diligence you consider necessary before you approve the relevant proposal; and

10.3 we are not responsible for any acts or omissions of Service Providers.

What are the eligibility criteria?

11 To be eligible to be considered for funding, a business must:

11.1 be primarily operating in the Auckland Alert Level 3 boundary (as at 20 November 2021);

11.2 be operating with no more than 100 FTEs;

11.3 be GST registered in New Zealand;

11.4 have a New Zealand Business Number;

11.5 be operating in a commercial environment and have been carrying on business prior to 22 October 2021; and

11.6 be a privately owned business or a Māori trust or incorporation incorporated under the Te Ture Whenua Māori Act 1993 or equivalent Māori organisation which manages Māori assets under multiple ownership structures.

What if your application for funding is successful?

12 If your application is successful:

12.1 you must enter into a services agreement with the Service Provider which, among other things, requires the Service Provider to provide the Services/deliverables to you;

12.2 we will generate the form of services agreement pursuant to clause 12.1. You and the Service Provider will sign the services agreement electronically using Conga Sign (which will be made available to you and the Service Provider); and

12.3 where we require further information to generate the services agreement, you will provide this to us (as contemplated by the Portal).

What do I do then?

13 You will need to do everything necessary to make sure that the Service Provider is able to provide the Services/deliverables to you in accordance with the services agreement and otherwise comply with the services agreement. This includes attending all relevant meetings and appointments arranged with the Service Provider, and providing the Service Provider with:

13.1 access to your premises and systems where relevant;

13.2 any information which is reasonably required to allow the provision of the Services/deliverables to you; and

13.3 instructions as requested or required by the Service Provider in respect of the provision of the Services/deliverables.

14 You will advise us immediately if any issues arise or problems occur in respect of the provision of the Services/deliverables by the Service Provider to you, by using the relevant facility in the Portal.

15 It is very important that you understand that any additional costs, expenses, liability or claims arising in connection with your failure to acquire the Services/deliverables (if any) or otherwise meet your obligations under the services agreement with the Service Provider will be your responsibility and in no circumstances will be claimed or recoverable from AUL.

Payment of the Approved Funding

16  After performance of the Services/deliverables, subject to compliance by the Service Provider with the services agreement, we will pay the Approved Funding directly to the Service Provider to be applied to the Fee. We will only do this once we receive:

16.1 a valid claim and valid GST invoice for the Approved Funding addressed to us from the Service Provider, via the Portal;

16.2 confirmation by you that all of the Services/deliverables have been provided to you in accordance with the services agreement. Please note that if you do not provide confirmation with 72 hours of our request to provide such confirmation, we will assume that the Services/deliverables have been completed; and

16.3 all information from you that is required by the Portal or otherwise is requested by us.

17 You confirm that:

17.1 the Approved Funding is the total amount payable by us to the Service Provider;

17.2 any balance of the Fee under the services agreement is payable solely by you; and

17.3 the Approved Funding will only be applied to the Services/deliverables covered by the proposal that you have approved and submitted in your funding application, and not for any other services or deliverables provided to you by the Service Provider.

18 Any payment by us of the Approved Funding other than in accordance with the above (for example, where the Services are not fully completed) will be at our sole and absolute discretion.

Delivery of the Services/deliverables

19 We will endeavour in good faith to assist you if you experience any issues or problems with respect to the provision of the Services/deliverables. However, we will not be liable to you in any way in respect of such issues or problems or for any other matter otherwise arising in connection with the Services/deliverables or the Approved Funding.

Collection and use of information (including privacy)

20 We will collect certain information about you (and if you are a company, other people like your shareholders and company directors) when you submit your application and otherwise in the course of processing your application and operating the Activate Tāmaki Makaurau programme. Most of the information will be collected directly from you, however we may need to collect information from other sources, such as public registers to verify that you meet the eligibility criteria and from Service Providers in relation to the delivery of services to you (if your application is successful). Any information we collect or generate about you in relation to the Activate Tāmaki Makaurau programme is referred to as Applicant Data.

21 Some Applicant Data will include 'personal information' (as that term is defined in the Privacy Act 2020). We will process that information in accordance with the Privacy Act 2020, and (because we are a 'Council Controlled Organisation') the Auckland Council Customer Privacy Policy, available here.

22 In addition to the collection, use and disclosure set out in the Auckland Council Customer Privacy Policy, we will collect, use, disclose and otherwise process Applicant Data for the purpose of operating the Activate Tāmaki Makaurau programme. This may include disclosing Applicant Data to PBT, MBIE, Service Providers and other partners involved in the delivery of the programme, such as assessors of applications, advisors and persons providing administrative support for the programme. Also, we may use, disclose, or otherwise process Applicant Data for the purposes of promoting or marketing future programmes of a similar nature or for other economic development activities.

23 If you have any questions about how we will use and disclose your Applicant Data, or if you would like to exercise your rights to request access to or correction of personal information we hold about you, you can contact us via the Portal.

Confidentiality

24 Subject to clauses 21 and 22, with respect to any confidential information you provide to us, we:

24.1 acknowledge the confidentiality of the confidential information and must at all times act in good faith to preserve that confidentiality;

24.2 must not disclose, permit, cause or suffer to be disclosed the confidential information either directly or indirectly to any person in any manner other than as required by law (including the Local Government Official Information and Meetings Act 1987) or as expressly set out in these terms;

24.3 will use the confidential information solely for the purposes which it is provided or as otherwise expressly set out in these terms; and

24.4 will not copy or reproduce the confidential information without your written approval.

Warranties

25 You confirm and warrant on a continuing basis that:

25.1 your business operates in accordance with applicable laws.

25.2 you will provide all information required by the Portal.

25.3 all information that is provided to us about you is true, correct and accurate to the best of your knowledge.

Variation of these terms

26 We may vary these terms in a way that does not prejudice you at any time by giving you at least seven days’ notice. Any variation will apply prospectively from the date it becomes effective.