3, Terms of Business
These Terms and Conditions of Business are presented on behalf of SOCIAL NATURE MOVEMENT ltd. for the supply of staff and service.
4, Commencement date
[Date]
5, General Principles
SOCIAL NATURE MOVEMENT will:
- Supply staff and services to [recipient] on the terms set out below.
- Direct and control the manner and conditions under which the staff are required to carry out their duties.
- Have in place and maintain effective hazard identification and management processes prior to and throughout the period of service engagement.
- Offer relevant health and safety training to staff and service providers.
- Fully commit to the design and delivery of services agreed upon.
- Consult, co-operate and coordinate activities with [recipient] to perform a service and ensure health and safety of all persons involved.
All and any associated costs and/or fees due to Social Nature Movement in the operation, collection and enforcement of the Social Nature Movement terms and conditions by Social Nature Movement or their agents, will be met by the parent/caregiver who enrolled them.
6, Service staff
SOCIAL NATURE MOVEMENT strives for their staff to have:
- At least two recent referees
- Qualifications
- Diverse and recorded knowledge, skills and experience(s)
- Two other colleagues working with them at all times, one of which is of the opposite gender
- Police checks (vetted)
- An induction, training and employment portfolio
- Certification and currency in first aid
- Behaviour management, duty-of-care, health and safety,
In this condition, ‘staff’ includes both the nominated and any other nominated staff given at any time the task of leading or supervising any aspect of the service.
As parent/guardian, I am aware that once I and/or my child(ren) have signed out of the program they/I are now outside of your duty of care and SOCIAL NATURE MOVEMENT, its employed and/or volunteer/intern staff cannot be held liable in respect to any act or incident arising outside of our duty of care.
7, Exclusions
Safety with SOCIAL NATURE MOVEMENT is paramount. If a participant’s behaviour is impacting on the safety of others and affecting the service then we will enforce the exclusion policy. A breach of terms and conditions will result in participants being excluded from the program until the matter is resolved set out in our conflict resolution procedures.
8, Disclaimer
While SOCIAL NATURE MOVEMENT, its employed and volunteer staff will take every care to provide proper supervision of all participants, SOCIAL NATURE MOVEMENT nor the employed or volunteer staff shall have any personal liability in respect of any act of omission arising from any session or activity of this service.
The information collected will be used for the purpose of establishing and maintaining records held by SOCIAL NATURE MOVEMENT. Participant’s files will be available for perusal by caregivers with authorized access.
Information collected will be used for the purpose of establishing and maintaining records required for service delivery. Information collected will be managed in accordance with the Privacy Act 1993 and the Vulnerable Children’s Act 2014 and may be accessed by Ministry of Social Development, relevant Government departments and other Audit organisations. Caregivers with authorised access may view children’s details on request.
9, Fees/costs
A
non-refundable 50% deposit of the total contracted amount is required within five working days under which these terms and conditions of business are signed. That will tentatively confirm a booking which is otherwise not secure until full payment is received.
Prices are quoted in New Zealand dollars (NZD) and are subject to change without notice.
SOCIAL NATURE MOVEMENT is responsible for all costs associated with staff and services during operational periods.
[recipient] is responsible for all costs on their behalf as agreed upon, before, during and after operational periods.
The prices quoted on this document and/or on our website represent the most current prices, are per person and are subject to minimum numbers. Where minimum numbers are not met by the payment date, a scaled surcharge will be offered to ensure the trips operation. Refer to the trip notes for the price validity and all service inclusions and exclusions.
Social Nature Movement reserves the rights to amend prices at any time without notice but never after contracts and documents have been agreed upon and signed.
10, Payment
[recipient] may pay directly online, electronically, manually, request an invoice or otherwise agreed upon.
All payments must be made in New Zealand dollars (NZD), unless otherwise specified.
Payment must be made in full, in advance, prior to the programme commencing.
Seven days are given to complete payment in full after the initial invoice has been sent unless a registration occurs sooner than seven days before the session begins. In this case, payment must be made immediately to secure your child’s place.
If payment has not been received 24 hours before the session commences the registration will be void and the place given to another child.
Payments must be made in advance, but can be made in instalments either weekly, fortnightly or monthly by prior arrangement.
An invoice will be emailed before each term begins. Please read carefully the specific payment details and conditions on the invoice. We accept cash and internet banking. A receipt may be issued on request.
Should payment not be made by the due date (five working-days before service commencement), [school/recipient] will pay 1% of total contracted amount everyday until full payment is received, plus all costs incurred by SOCIAL NATURE MOVEMENT in the enforcement or attempted enforcements of its rights and remedies of recovery.
Failure to pay fees by the due date or as arranged with the accounts Manager; participants and services may be suspended and you will become liable for all collection and/or enforcement fees which will be advised to you in writing.
SOCIAL NATURE MOVEMENT reserves the rights to demand full settlement of the account if it remains overdue for more than five working days. Payments to be made in full with no right of set-off or deduction.
SOCIAL NATURE MOVEMENT reserves the right to withdraw any staff from services with [school/recipient] for non-payment without limiting all or any of its rights pertaining to these Terms of Business.
SOCIAL NATURE MOVEMENT reserves the right to decline, suspend or terminate any student’s participation or enrolment.
If a Public Holiday during Term time falls on a day participants are booked into our services, you will still be charged for this day.
You will be charged for the period of your booking regardless of your collection or finish time, unless a variation is agreed on.
We accept any and all payments.
Social Nature Movement ltd.
ANZ 06-0596-0764115-01
11, Absences
In case of an emergency, or if your child is unable to attend our services due to an unexpected absence or illness please contact 0800 76 62 66. We avoid answering calls during the session and usually do not check emails until the end of the day.
If your child is absent you must notify us as soon as possible so that this can be recorded on the roll.
If your child is absent due to an illness or injury you will be given one (1) sick day per term in lieu of the absence. No monetary refund will be issued but an alternative day will be given. This must be used within the same term that the sick day has occurred.
Sick days will not accumulate over multiple terms.
If your child is absent due to an outside commitment such as school camp, event or family holiday; no refund, credit or day in lieu will be given. You are still required to pay the fee for that day as stated above.
If participants are absent, ill or on holiday, you are still required to pay their full fees to keep their booking unless you are able to find or refer a replacement.
If you fail to appropriately notify us of absences BEFORE service commencement, you will be charged a Finder’s Fee of $50. This is to ensure that our staff/participant ratio is maintained and supervisors are not searching for people unnecessarily.
If you fail to give appropriate notice, you will be required to pay the applicable session fees following the date that you do give notice.
12, Cancellation, change and withdrawal policy
Cancellations, changes and withdrawals must be verified, recorded and acknowledged to and by Social Nature Movement. Staff will not accept non-recorded non-verified notifications. Once Social Nature Movement receives your notice, it will take effect subject to the following:
Cancelation and withdrawal of
services and/or change of
dates by [recipient] after confirmation:
Service cancellation of jobs before job start:
- more than 1 months’ notice; 25% charge of contract
- between 7-30 days’ notice; 50% charge of contract
- less than 7 days’ notice; 75% charge of contract
- less than 24 hours’ notice; 100% charge of contract
Date change of jobs before job start:
- more than 1 months notice; 12.5% charge of contract
- 1-4 weeks notice; 25% charge of contract
- less than 1 weeks notice; 37.5% charge of contract
- less than 24hours notice; 50% charge of contract
You will not be entitled to claim any additional amounts or seek any compensation for any injury, loss, expenses, damage (either direct or consequential) or for any loss of time or inconvenience which may result from such cancellation or withdrawal. No partial refunds or credit will be given for services not used. Any amount forfeited, which has not then been paid to Social Nature Movement by you, may be recovered from you by Social Nature Movement as a debt due and payable.
13, Changes and transfers
If you wish to make changes to your service arrangements, you must notify, verify, record and acknowledge to and by Social Nature Movement. Once Social Nature Movement receives your notice, the transfer will take effect subject to the following:
-Payment of cancellation notice, if any, must be received in full.
-If there are reasonable supervision and ratios available.
-If there is space available.
-Transfers may only be made to another similar service.
14, Route changes, Postponement, Cancellation or Delay
PLEASE RING IF YOU ARE RUNNING LATE. Children who are repeatedly collected after the 5:30 pm closing time may be excluded from the programme. A late fee of $1NZD will be charged for every minute a child remains at the programme.
Social Nature Movement reserves the right to postpone, cancel or delay any such aspect of the service if - in the absolute discretion of Social Nature Movement - it is directly or indirectly necessary to do so. Reasons may be due to - but not limited to - safety reasons pushing outside operational thresholds. Those have been known to be Force Majeure, ‘acts of god’, threatening conditions (political, military, terrorist or otherwise), any government warnings or advice (or any change in such warning or advice), an act or omission of a third party preventing the service or the aspect of the service being undertaken in accordance with your booking, the Terms and Conditions have not been complied with or for any other reason considered necessary by Social Nature Movement.
In the event of any change, modification, cancellation postponement or delay under this condition, you will have no right of refund (whether in whole or in part) and no right to claim compensation for any injury, loss or damage or other additional expenses incurred by virtue of the change, modification, cancellation postponement or delay.
In the event of cancellation, alteration, deferment or delay, Social Nature Movement will reasonably negotiate an offer with the client in the form of full-credited amount for future service.
Social Nature Movement’ staff take their responsibilities seriously and if for any reason a staff member believes, in his or her absolute discretion, that you should not participate in the service, before your departure or during your service, even if you pass your medical, he/she may exclude you from the service. If for any reason during a service the nominated tour leader considers you should not participate further due to you committing an illegal act, or in the opinion of the nominated service leader, your behaviour is causing or is likely to cause danger, distress or annoyance to others, or your fitness or health is inadequate, he or she may direct you not to continue and you must follow the nominated tour leader’s instructions. In this case you will not be entitled to any refund.
Social Nature Movement reserves the right to change, at any time, the tour leader of any tour. If that happens, World Expeditions will try to ensure that the alternative tour leader has expertise commensurate with that of the tour leader. Any such change by World Expeditions will not give rise to any right on your part to cancel the tour or claim any expenses, loss or damage which may be suffered.
14, No Liability
Where Social Nature Movement acts as a booking agent for third-party tour operators and accepts no liability for the acts, insolvencies or omissions of those third-party tour operators and Social Nature Movement does not authorise any suppliers including hotel management to promise refunds on our behalf. Social Nature Movement will not be liable for any breach of any law by any person with whom you travel on the tour. You may not rely on any representations concerning the tour made by Social Nature Movement which are not contained in these conditions.
15, Release and discharge from all claims
To the extent permitted by law, by accepting the additional inherent risks and hazards associated with the service, you release, waive and discharge all Social Nature Movement representatives from all claims, actions or losses for personal injury or death, property damage, loss of services, loss of profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise:
- out of or occur during your travel in connection with the service or any practices conducted in conjunction with the service unless caused by the reckless conduct of Social Nature Movement representatives, or
- in connection with any optional practices which you may undertake during the course of your tour but which do not comprise part of your tour itinerary and you accept that any assistance given to you by Social Nature Movement representatives in arranging such optional activities will not render the Social Nature Movement representatives liable to you in any way.
16, Termination
This agreement can be terminated in the following manner:
- By mutual agreement between the parties with effect from an agreed date.
- By SOCIAL NATURE MOVEMENT with immediate effect in the event serious misconduct, compromised health and safety, of non-payment of invoices or repeated dissatisfaction by staff with their clients.
Where this effect is terminated by agreement, [recipient] will honor all educational agreements entered into with the interns prior to the termination date and will pay a service fee on a per employee basis.
*NOTE* Dishonesty or omitting information gives Social Nature Movement the reserved right to refuse service to you with no refund.
17, Privacy
You permit Social Nature Movement to collect personal information from you, or from your medical practitioner, regarding your health and medical condition. You acknowledge that this personal information may be disclosed to Social Nature Movement representatives in order to ensure your safety and well-being but will not be used by them for any other purpose.
We may share your contact details with other participants on the same service as you.
18, Severance of conditions
If any part of a condition is illegal, unenforceable or invalid, it is to be treated as removed from the conditions, however, the remainder of the conditions are not altered.
19, Jurisdiction
This agreement and the rights and obligations of the parties will be construed and take effect in accordance with and be governed by the laws of New Zealand.
20, Guarantees
Where certifications are pursued, Social Nature Movement reserves the right and exercises professional integrity to not issue nor approve such documentation in the event that a participant has not met the standards of such certification.
