1. Introduction

Welcome to Preten. These Terms of Service ("Terms") govern your use of our website located at www.preten.co.nz ("Site") and the procurement consulting services ("Services") offered by Preten Ltd ("we," "us," or "our").

By accessing our Site or using our Services, you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access the Site or use our Services.

2. Services Description

Preten provides government procurement consulting services to small businesses in New Zealand. Our services include, but are not limited to:

• Tender documentation preparation
• Pricing strategy development
• Regulatory compliance consulting
• Infrastructure project support
• Climate technology consulting
• Post-tender support services

The specific services to be provided will be outlined in a separate service agreement between Preten and the client.

3. User Accounts

When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Site.

You are responsible for safeguarding the password that you use to access the Site and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

4. Intellectual Property

The Site and its original content, features, and functionality are and will remain the exclusive property of Preten Ltd and its licensors. The Site is protected by copyright, trademark, and other laws of both New Zealand and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Preten Ltd.

Materials prepared for clients as part of our Services are subject to intellectual property arrangements as specified in individual client agreements.

5. User Content

Our Site may allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material. You are responsible for the content that you post on or through the Site, including its legality, reliability, and appropriateness.

By posting content on or through the Site, you represent and warrant that:

• The content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms.
• The posting of your content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

6. Fees and Payment

Use of our Site is free, but our consulting Services are provided on a fee basis as outlined in individual client agreements.

Payment terms, including fees, payment schedules, and methods of payment, will be specified in the service agreement between Preten and the client. Unless otherwise agreed, invoices are payable within 14 days of issuance.

We reserve the right to change our fees at any time, but any fee changes will not affect existing signed agreements.

7. Confidentiality

We understand the sensitive nature of procurement processes. Preten agrees to maintain the confidentiality of all client information shared during the provision of Services. We will not disclose confidential information to any third party without prior written consent, except as required by law.

Client confidentiality obligations will be further detailed in individual service agreements.

8. Limitation of Liability

In no event shall Preten Ltd, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Site or Services;
• Any conduct or content of any third party on the Site;
• Any content obtained from the Site; and
• Unauthorized access, use or alteration of your transmissions or content.

Our total liability to you for all claims is limited to the amount you paid us for Services in the 12 months preceding the claim or NZD $10,000, whichever is less.

9. Indemnification

You agree to defend, indemnify and hold harmless Preten Ltd and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of:

• Your use and access of the Site or Services;
• Your violation of any term of these Terms;
• Your violation of any third-party right, including without limitation any copyright, property, or privacy right; or
• Any claim that your content caused damage to a third party.

10. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Site will immediately cease. If you wish to terminate your account, you may simply discontinue using the Site.

Termination of Services will be governed by the terms specified in individual service agreements.

11. Governing Law

These Terms shall be governed and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

12. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Site after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Site.

13. Contact Us

If you have any questions about these Terms, please contact us at:

Preten Ltd
6 George Street
Dunedin 9016
New Zealand

Phone: +64 3 555 3684
Email: [email protected]