One set of terms. Every engagement.

These Terms of Business, our Standard Terms, our Terms & Conditions, our Payment Terms and our Privacy Policy apply to every engagement, quote, proposal, booking, purchase, course enrolment, and any work we start on your instruction.

They apply whether or not we've signed an agreement with you. There is no engagement with us that sits outside them.

You accept these terms when you instruct us to do work, accept a quote or proposal, confirm a booking, pay one of our invoices, or enrol in or use one of our programmes or courses.

Agreeing by email, by accepting a quote online or by clicking to accept is a valid way to make a contract. The Contract and Commercial Law Act 2017 (Part 4, electronic transactions) recognises it, and clause 25.10 of the Standard Terms allows electronic signatures.

The terms are made up of this page, the Standard Terms (our Master Services Agreement, clauses 1 to 25, and our standard Schedules), our Terms & Conditions, our Payment Terms and our Privacy Policy.

Your quote, proposal or booking confirmation records the particulars for your engagement: what we'll do, for whom, the price and the timing. Where there's no signed agreement, it takes the place of Schedule 1 and any Statement of Work.

If we sign an agreement or a Schedule with you, it prevails over these terms only where it expressly says so. Everything it doesn't expressly change stays as set out here and in the Standard Terms.

Most of our clients are organisations, and they acquire our services in trade. New Zealand law lets businesses that are both in trade agree, in writing, that the Consumer Guarantees Act 1993 does not apply (section 43), and that sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 do not apply (section 5D).

That only works where it is fair and reasonable for the parties to be bound by it. Clause 16.5 of the Standard Terms records that agreement, to the extent the law allows.

If you are a consumer, for example buying a course for yourself rather than for a business, the contracting-out above does not apply to you.

Nothing in these terms or the Standard Terms takes away any right you have that can't be excluded or limited by law, including your guarantees under the Consumer Guarantees Act 1993 and your protections under the Fair Trading Act 1986.

We handle personal information under the Privacy Act 2020, as set out in our Privacy Policy. Clause 14 of the Standard Terms covers privacy within an engagement.

These terms and the Standard Terms are governed by New Zealand law, and the New Zealand courts have jurisdiction. If we disagree, we'll first try to sort it out together, then by mediation in Auckland, as clause 23 of the Standard Terms sets out.

We may update these terms. The version and date are shown on this page and on the Standard Terms. The version in force when your engagement starts applies to that engagement, unless we agree otherwise in writing.

UM Limited trading as Polish. Email hello@polish.nz. Formal notices under a signed agreement go to the notice contact in its Schedule 1.