1. Success Formula Representation and Responsibilities
NTI Ltd (trading as Success Formula in NZ) represent that we have the technical and commercial capacity to provide you with information which will measure your operational safety performance and safety culture based on the information that you provide us.
2. Service Recipient Representation and Responsibilities
You agree to provide Success Formula with data and information to enable us to provide the deliverables outlined in Deliverable Schedule. In the event that the data and information is incomplete or inaccurate. You will use your best efforts to contact and update Success Formula with the correct data and information available.
The Parties agree to release each other from liability for the information and data exchanged for the purposes of measuring the businesses' operational performance and culture.
4. Intellectual Property
3.1 Success Formula will use its Intellectual Property for the purposes of providing the deliverables in accordance with this Proposal.
3.2 Nothing in this Agreement shall be construed as a sale, transfer, license or assignment of the Intellectual Property Rights of any party in, and to, the information and data, related information and documentation, it being understood and agreed that each party retains all rights in and to the parts of the related information, data and documentation which it supplies, unless otherwise agreed.
NTI and Success Formula collect and use personal information only for the purpose of providing and administering our products and services. We will not provide any data or reports to any third party, without your express consent. NTI regards privacy as an important right for our customers. Information provided to us by our customers is protected by our strict standards, upheld by policies and procedures which comply with Commonwealth Government and overseas recipient's privacy laws. Our privacy statement is outlined in detail at www.nti.com.au
6. Cancellation of Participation
The Agreement will commence with your acceptance of the Proposal containing the Schedules of Deliverables and Fees quoted for the deliverables. This agreement will be cancelled should you fail to provide relevant information and data for Success Formula to meet the deliverables. Any such cancellation will be without prejudice to the rights and liabilities of either party accrued prior to such cancellation.
7. Dispute resolution
Either party seeking dispute resolution will give written notice to the other party's designated contact person outlining the nature of the dispute. The process for resolving the whole or part of the dispute through means other than litigation or arbitration and will seek to agree on the procedure and timetable for any discussions, exchange of documents and other information relating to the dispute. Where such a dispute is with the other party's designated contact person then the aggrieved Party is to escalate to the designated contact's person manager who will negotiate and settle the dispute.
8. Invoicing and Payment Terms
Success Formula's standard payment terms are 7 days from the date of the invoice unless otherwise stated by the payment terms on the invoice. Success Formula reserves the right to re-quote all costs where deliverables change during the term of the arrangement.
Unless stated otherwise in this Proposal, the Schedule of Fees for Service or Tax Invoices, all amounts payable under or relating to this Agreement are exclusive of GST.
10. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Queensland in Australia, without reference to its Conflict of Law provisions, and the obligations, rights and remedies of the parties which shall be determined in accordance with such laws. Provided by National Transport Insurance, a joint venture of the insurers Insurance Australia Limited trading as CGU Insurance ABN 11 000 016 722 AFSL 227681 and AAI Limited Trading as Vero Insurance ABN 48 005 297 807 AFSL 230859 each holding a 50% share. National Transport Insurance is administered on behalf of the insurers by its manager NTI Limited ABN 84 000 746 109 AF