Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and NexGuide.AI, operated by Caio Augusto Tkalec ("we," "us," or "our"), regarding your use of our website and advisory services. By accessing our website or engaging our services, you agree to be bound by these Terms and our Privacy Policy.

2. Services Description

NexGuide.AI provides strategic technology advisory services including:

• Cloud strategy and architecture consulting
• AI governance and implementation advisory
• Digital transformation guidance
• Compliance and security advisory
• Executive education and training
• Professional mentorship services

3. Consumer Rights under New Zealand Law

Under the Consumer Guarantees Act 1993 and Fair Trading Act 1986, you have certain rights as a consumer in New Zealand:

3.1 Consumer Guarantees

Our services come with guarantees that cannot be excluded under New Zealand law, including:

• Services will be provided with reasonable care and skill
• Services will be fit for the purpose for which they are commonly supplied
• Services will be completed within reasonable time

3.2 Right to Cancel

For services purchased online or over the phone, you may have cooling-off rights under the Fair Trading Act. You may cancel within a reasonable time if:

• The services have not commenced
• You were not provided with required disclosure information
• The contract was made under undue influence or pressure

4. Service Terms and Conditions

4.1 Engagement Process

All service engagements begin with a free 30-minute consultation to assess your needs and determine service scope. Formal engagements require a signed service agreement outlining specific deliverables, timelines, and fees.

4.2 Professional Standards

We maintain professional standards including:

• Vendor-neutral advice based solely on client needs
• Confidentiality of all client information
• Professional competence and continuing education
• Ethical conduct in all client relationships

4.3 Client Responsibilities

Clients agree to:

• Provide accurate and complete information
• Respond promptly to reasonable requests for information
• Pay fees according to agreed terms
• Respect intellectual property rights

5. Fees and Payment Terms

5.1 Fee Structure

Fees are clearly disclosed before engagement and may be structured as:

• Fixed project fees
• Hourly rates
• Retainer arrangements
• Training workshop fees

5.2 Payment Terms

• Payment terms are Net 14 days unless otherwise agreed
• Late payment may incur interest charges at 10% per annum
• All fees are quoted in NZD and include GST where applicable

6. Intellectual Property

6.1 Our IP

We retain ownership of our methodologies, frameworks, and pre-existing intellectual property. Clients receive a non-exclusive license to use deliverables for their internal business purposes.

6.2 Client IP

Clients retain ownership of their confidential information and data. We may use anonymized case studies for marketing purposes with client consent.

7. Limitation of Liability

To the maximum extent permitted by New Zealand law:

• Our liability is limited to the fees paid for the specific service giving rise to the claim
• We are not liable for indirect, consequential, or special damages
• Nothing in these terms limits liability for personal injury, death, or fraud
• Consumer guarantee rights under New Zealand law cannot be excluded

8. Professional Indemnity

We maintain professional indemnity insurance appropriate to our services and risk profile.

9. Confidentiality

We maintain strict confidentiality regarding all client information and will not disclose confidential information without written consent, except as required by law.

10. Dispute Resolution

10.1 Internal Resolution

We commit to resolving disputes promptly and fairly. Initial complaints should be directed to hello@nexguide.ai.

10.2 Mediation

If internal resolution fails, disputes may be referred to mediation through Resolution Institute or similar service.

10.3 New Zealand Jurisdiction

These terms are governed by New Zealand law, and New Zealand courts have exclusive jurisdiction over any disputes.

11. Privacy and Data Protection

Personal information is collected and used in accordance with our Privacy Policy and the Privacy Act 2020. We implement appropriate security measures to protect your information.

12. Website Use

12.1 Acceptable Use

You may use our website for legitimate business purposes only. Prohibited activities include:

• Attempting to breach security measures
• Interfering with website operation
• Copying content without permission
• Using automated systems to access the site

13. Termination

Either party may terminate service agreements with reasonable notice. Termination does not affect accrued rights or obligations. Upon termination:

• Outstanding fees become immediately due
• Confidentiality obligations continue
• Licenses to use our IP terminate

14. Changes to Terms

We may update these terms periodically. Significant changes will be notified via email or website notice. Continued use after changes constitutes acceptance of new terms.

15. Contact Information

For questions about these terms, contact:

16. Severability

If any provision of these terms is found unenforceable, the remainder continues in full force and effect.