Client Standard Terms & Conditions of Engagement of Manage Group. These terms and conditions cover the five Manage Group subsidiaries ManageACC, ManageCLAIMS, ManageOSH, ManageBC and ManageRisk.
Definitions:
Manage Group Limited (referred to as “Manage Group”, “we”) and includes but not limited to ManageACC, ManageCLAIMS, ManageOSH, ManageBC, ManageHR and ManageRisk
The client (referred to as “You”,“I” or “Me”)
ManageACC - ACC Brokering
1. Authority to Obtain Information from ACC
a. I give authority for Manage Group to link my details with ACC to their agency client list and for Manage Group to act as my agent for ACC levy and where appropriate workplace claims related dealings. All information will be kept strictly confidential.
b. I acknowledge that this gives Manage Group authority to do the following:
b i. link my ACC number to their client list and if I already have an ACC agent I understand that this will not be impacted as there can be multiple agents
b ii. to access the information needed to resolve or mediate between the client and ACC.
b iii. to communicate with ACC via verbal, written or electronic means as necessary
b iv. to act on my behalf in ACC related matters including but not limited to brokering levies which may include changing business ACC levy codes, setting up Cover Plus Extra (CPX) and/or setting up or amending payment arrangements
b v. to act on my behalf in formal disputes, including but not limited to ICRA, Fairway and District / High Court
c. I understand that I can remove the authority to act with ACC at any time but doing so before the review is completed may hinder the outcome of the review.
d. I confirm that by returning the authority forms and/ or questionnaires completed, that I am authorised to agree to any work being carried out and am authorised to financially compensate Manage Group for the work agreed to.
2. Timing
I acknowledge that on submission of the ACC Authority form it may take several working days for ACC to process the form and several working days for Manage Group to receive a copy of my ACC invoices. Manage Group aims to communicate with me within seven working days however I understand the seven-day time frame is not a guarantee rather best practice.
3. ACC levy reviews
a. Manage Group will carry out an ACC levy review based on the information provided by the client, ACC and the information available in MyACC for Business
b. I understand that Manage Group does the review at no upfront cost
c. I understand that it may be necessary to request copies of my ACC levy client notes from time to time to assist with the review
d. I understand that not providing the required authority or not providing the requested information, may result in a partial review or resolution of the issue
Disclaimer
a. Manage Group has relied upon the information submitted by me and provided to it by ACC, therefore Manage Group does not accept any responsibility or liability for the accuracy of this information.
4. Fees
Manage Group will charge a fee for the work carried out. The fees will be identified up front whilst recognising that ACC has the final say in any change made and therefore the final actual saving and as such the fee may vary. Fees are based on the total savings created as identified in the review or subsequent work with ACC. Accordingly, nothing prohibits Manage Group from adjusting these fees in line with the actual savings created.
a. Levy reviews
a i. I agree to pay Manage Group a one-off brokering fee equivalent to 40% of all reductions / savings identified through our brokering service. The fee includes any activity for the shareholders (including CPX and multiple income sources) and the business levy code which may be backdated. This also includes but is not limited to any and all backdating, changes to payment arrangements, penalty reversals and any Use Of Money Interest that ACC pays.
a ii. I acknowledge that the brokering success fee does not include any consulting relating to advocacy, health and safety, claim and triage management, and any future levy reduction initiatives that ACC may roll out. These services are available depending on the subsidiary and the client needs.
a iii. I also understand that should I implement the savings identified through the review process instead of Manage Group that I will be liable to pay a flat-fee of $5,000 plus gst
b. Consultancy
c. I acknowledge that any ACC consulting or advocacy work is done at an hourly rate of $300 excluding GST.
d. I acknowledge that advocacy work may also incur the 40% success fee and this will be discussed prior to undertaking the work.
5. For all savings under ManageACC except via CPX policies invoicing is done on confirmation of savings by ACC. For the CPX related savings invoicing is done at the time the Cover Plus Extra policy is submitted to ACC.
a. I understand that ACC may take several weeks to process the application and that the CPX policy is not in place until the offer letter has been received and processed by ACC
6. Receipt of ACC refunds
a. I agree that the 40% success fee relates to the credit issued by ACC regardless of how that credit is issued.
b. In respect of any ACC refunds due to me I understand that this is at the discretion of ACC as to whether I receive a credit note or money advancement (direct deposit)
c. I also acknowledge the payment due to Manage Company is not impacted by whether a credit note or a refund is made by ACC, it is based on the success fee identified
d. I understand that Manage Group will issue an invoice for the savings once ACC have determined the correct amount of the credit or once the credit is refunded back to the customer – whichever is the appropriate scenario.
7. Account Management Programme
a. I acknowledge that Manage Group will automatically enrol us into their annual ACC Account Management plan which is complementary for the first year on the back of the ACC savings created over a set value. Subsequent years are charged at $600 plus gst.
b. I understand I have the right to withdraw from the Account Management programme at any point, however any assistance provided outside of the programme will incur a fee payable to Manage Group
ManageACC - Claims Management
1. Authority to Obtain Information from ACC
a. I give authority for Manage Group to obtain information relating to a specific claim or set of claims as necessary. All information will be kept strictly confidential.
a i. An ACC claims authority form will be required for each claim signed by the employee and / or the employer as necessary is required; or
a ii. An authorisation, via email, from the employer that can be used to confirm with ACC authority to act on employer’s behalf in claim disputes /discussions etc is required.
2. The work carried out may include but is not limited to challenging historical workplace accidents, managing claims and general consulting work
a. I accept that any CLAIMS consulting or advocacy work is done at an hourly rate (whether in part or whole) of $300 excluding GST, if not under contract with Manage Group.
b. I understand that it is my responsibility to provide the evidence required to dispute a claim. That evidence may include accident reports, witness statements etc. Failure to produce the evidence required may result in an unsatisfactory outcome of the dispute
c. I also understand that the final decision to overturn a claim is solely ACC’s or via independent review. Manage Group will make all attempts for a satisfactory outcome but cannot be held responsible for ACC’s decisions.
3. Fees
a. Fees vary depending on the customer needs and expectations. Setup and ongoing fees are priced on request
b. I understand that if I request pricing, I am under no obligation to agree to the work being done until I have signed a contract with Manage Group.
ManageOSH
1. I acknowledge that the fee to be paid is based on the agreed proposal / schedule of work. Manage Group will provide the proposal, the terms of which will be agreed to by both parties prior to the commencement of any work
2. Serious harm, fatalities and notifiable harm incidents will be managed on a case by case basis and may incur additional unexpected fees and costs. Manage Group will endeavor to provide an estimate of the costs prior to invoicing. A breakdown of these costs will be available on the invoice and are subject to Manage Group,s standard terms and conditions of payment.
a. I acknowledge that some unexpected expenses may arise in the course of the work carried out by Manage Group. I also acknowledge that these costs are not always able to be advised in advance due to the nature of working with WorksafeNZ
b. I understand that I may request a breakdown of the expenses prior to the invoice being paid, but this does not exempt the invoice (in part or whole) from payment by the due date
Training
1. NZQA training requires payment of NZQA specific fees as set out on the registration page. These fees are passed on in full to NZQA.
2. Cancellation Policy - any course booked, whether NZQA or not, is subject to the following:
a. Once booked (regardless of whether paid online or via invoice) comes with a full refund if cancelled 7 days or more from delivery date.
b. From day 6 to day 4 from delivery date, a 50% refund is provided if withdrawn from the course.
c. From day 3 to delivery date, we do not provide any discount although we do allow for you to change the date of training.
3 All invoices (if not paying online) are due within 7 days.
ManageRISK
1. Manage Group have a Joint Venture with the People Group. Manage Group are not authorised to provide financial or insurance advice and will refer any and all insurance or financial queries to the relevant persons within the People Group. Manage Group are not responsible for any decision, invoices or other matters that arise as a result of the work carried out by Tthe People Group.
a. I understand that any information provided by me to Manage Group relating to insurance will be passed directly to the People Group.
b. I acknowledge that any conversations or communications I have with the People Group will be strictly confidential and Manage Group will only be advised if relevant to a service I have agreed to which includes but is not limited to changes to CPX policies.
c. I also understand that Manage Group cannot be held responsible for and will not be involved in any disputes or issues arising from my relationship with the People Group.
General terms and conditions – all clients
1. Payment Terms
a. I agree that the payment terms are set at 7 working days unless an alternative arrangement has been made before the due date on the invoice.
b. Any and all payment arrangements must be agreed to by both parties in writing and a copy of this lodged with Manage Group.
c. Failure to meet the agreed arrangements or the 7 day payment date may result in further collection action being taken.
c i. I confirm that I have the authority to approve payment or reach a payment agreement for any and all agreed work being carried out by any employee or representative of Manage Group
c ii. I understand that should I fail to pay the invoice by the due date or by a mutually agreed date, I am responsible for any additional interest and costs, including but not limited to debt collection fees and penalties.
c iii. Interest will be charged to my balance due at 1% per month calculated on a monthly basis.
c iv. I also understand that any additional costs incurred in the collection of the original debt will be added to the invoice and will accumulate until paid in full
2. Authorisation for Advertising
a. I authorise Manage Company to use information about me for advertising purposes including name, business name, business location and savings made. Manage Group do not disclose specific activities undertaken.
b. I understand that from time to time, I may receive marketing material for other services or products from Manage Group. I understand I can opt out of receiving this material at any time.
3. Confidentiality
a. Manage Company will treat all client information with confidentiality.
4. Manage Company cannot and does not take responsibility for Government (i.e. ACC or Worksafe NZ) changing its policies or legislation which may adversely affect my levies and / or risk profile. Where possible Manage Company will inform me of pending changes.
Dispute process
a. If a dispute should arise, any issues should be raised immediately with the relevant Divisional Manager.
b. If the issue cannot be resolved at this level, it will be escalated to the Manage Group Managing Director and the Manage Group Board for resolution
c. Any issues relating to the Divisional Manager should be raised directly with the Managing Director Martin Wouters.
