1. Introduction

Welcome to AI.org.nz ("Platform", "we", "us", or "our"). These Terms of Service ("Terms") govern your use of our website and services that connect clients seeking AI solutions with agencies providing AI services.

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

2. Definitions

• "Client" means any individual or entity that posts requests for AI services on the Platform.
• "Agency" means any individual or entity that provides AI services through the Platform.
• "Project" means any engagement between a Client and Agency facilitated through the Platform.
• "Automation Request" means smaller scope projects typically valued between $1,000 - $10,000.
• "Custom Work" means larger scope projects typically valued between $5,000 - $100,000+.
• "Platform Fee" means the 15% commission charged on all successful projects.
• "Escrow" means funds held by the Platform on behalf of parties until project milestones are met.

3. Account Terms

3.1 Account Registration

• You must be at least 18 years old to use this Platform
• You must provide accurate, complete, and current information
• You are responsible for maintaining the confidentiality of your account
• You are responsible for all activities that occur under your account
• You must notify us immediately of any unauthorized use

3.2 Account Types

• Client Account: For posting projects and hiring agencies
• Agency Account: For providing services and submitting proposals
• Admin Account: For platform administration (internal use only)

3.3 Agency Verification

Agencies may be required to undergo verification including but not limited to:

• Business registration verification
• Portfolio and past work validation
• Technical capability assessment
• Reference checks

4. Marketplace Services

4.1 Platform Role

AI.org.nz acts solely as a marketplace to connect Clients and Agencies. We are not a party to any agreement between Clients and Agencies, except as explicitly stated in these Terms.

4.2 Project Workflow

1. Client posts a request for services
2. Agencies submit proposals or quotes
3. Client reviews and accepts a proposal
4. Project is created with agreed terms
5. Work is performed according to milestones
6. Payment is released through escrow
7. Project is completed and reviewed

4.3 No Guarantee

We do not guarantee that Clients will find suitable Agencies or that Agencies will win projects. The Platform provides tools and services to facilitate connections, but success depends on various factors outside our control.

5. Fees and Payments

5.1 Platform Fees

5.2 Payment Processing

• All payments must be processed through the Platform
• Circumventing the Platform's payment system is strictly prohibited
• Payment methods include credit/debit cards and bank transfers
• Currency: All amounts are in New Zealand Dollars (NZD) unless specified

5.3 Refund Policy

Refunds are handled on a case-by-case basis through our dispute resolution process. Platform fees are generally non-refundable once work has commenced.

6. Escrow Services

6.1 Escrow Protection

The Platform provides escrow services to protect both Clients and Agencies:

• Client funds are held securely until milestones are approved
• Agencies are guaranteed payment for approved work
• Funds are released only when both parties agree or through dispute resolution

6.2 Milestone Payments

• Projects may be divided into milestones
• Each milestone must be approved before payment release
• Clients have 7 days to review and approve milestone deliverables
• Auto-approval occurs after 7 days if no response is received

7. User Conduct

7.1 Prohibited Activities

Users must not:

• Provide false or misleading information
• Circumvent the Platform's fee structure
• Engage in fraudulent or illegal activities
• Harass, threaten, or discriminate against other users
• Share confidential information without authorization
• Use the Platform for spam or unauthorized advertising
• Attempt to hack, reverse engineer, or disrupt the Platform
• Violate any applicable laws or regulations

7.2 Professional Standards

All users must maintain professional standards in their communications and work. This includes timely responses, quality deliverables, and respectful interaction.

8. Intellectual Property

8.1 Ownership

• Clients retain ownership of their project requirements and materials
• Agencies retain ownership of their proposals until accepted
• Upon full payment, project deliverables become Client property unless otherwise agreed
• The Platform retains all rights to its website, software, and branding

8.2 License Grants

By using the Platform, you grant us a non-exclusive, worldwide, royalty-free license to use, display, and distribute your content as necessary to provide our services.

9. Privacy

Your use of our Platform is also governed by our Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

We are committed to protecting your privacy and handling your data in accordance with applicable data protection laws including the Privacy Act 2020 (New Zealand).

10. Warranties and Disclaimers

10.1 Platform Warranty

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

10.2 No Warranty for User Services

We do not warrant or guarantee the quality, accuracy, or completeness of any services provided by Agencies or the requirements posted by Clients.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AI.ORG.NZ SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

Our total liability for any claims under these Terms shall not exceed the greater of (a) the Platform fees paid by you in the 12 months prior to the claim, or (b) NZD $100.

12. Indemnification

You agree to indemnify, defend, and hold harmless AI.org.nz, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your access to or use of the Platform, your violation of these Terms, or your infringement of any third-party rights.

13. Termination

13.1 Termination by You

You may terminate your account at any time by contacting support. Termination does not relieve you of obligations incurred prior to termination.

13.2 Termination by Us

We may suspend or terminate your account at any time for any reason, including but not limited to:

• Violation of these Terms
• Fraudulent or illegal activity
• Non-payment of fees
• Inactivity for extended periods
• At our sole discretion with 30 days notice

14. Dispute Resolution

14.1 Between Users

For disputes between Clients and Agencies, we provide a dispute resolution process. Users must attempt to resolve disputes through our platform before pursuing external remedies.

14.2 With AI.org.nz

Any disputes with AI.org.nz shall be resolved through binding arbitration in accordance with the Arbitration Act 1996 (New Zealand). The arbitration shall be conducted in Auckland, New Zealand.

14.3 Class Action Waiver

You agree that disputes will be resolved individually and you waive your right to participate in a class action lawsuit or class-wide arbitration.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions. The courts of New Zealand shall have exclusive jurisdiction over any disputes not subject to arbitration.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of any material changes via email or Platform notification at least 30 days before the changes take effect.

Your continued use of the Platform after changes become effective constitutes acceptance of the revised Terms.

17. Contact Information