In order to become Net Zero Buildings certified by the New Zealand Green Building Council (NZGBC), Applicants data must undergo an assessment against the criteria set out in the NZGBC Net Zero Buildings – Net Zero Carbon Building Operations Standard (Net Zero Buildings Standard). The process of gaining certification will include the following components:
Conditions for Certification
- Certification will be granted to Applicants provided that the information provided to NZGBC to make an assessment meets the criteria set out in Net Zero Buildings Standard.
- Certification will continue providing that these criteria, and these Terms and Conditions of Certification continue to be met.
The Net Zero Buildings Certification is offered to the Applicant on the following Terms and Conditions:
(1) Definitions
Applicant means the person requesting that NZGBC to provide the Net Zero Buildings Certification services;
Applicant Agent means the Applicant may be represented by a third party such as an architect, property manager or consultant who has been appointed to act on the Applicant’s behalf.
Assessment means the assessment by NZGBC of the application for Certification of the building or buildings set out in the Applicants registration form https://www.nzgbc.org.nz/net-zero-buildings-technical-resources
Certification or Certification Service means the process (including registration, submission of information, assessment and receipt of certificate) of a Net Zero Buildings certification by the NZGBC.
Brand Guidelines means the brand guidelines issued by the NZGBC setting out the use of the NZGBC and Net Zero Buildings names, marks and logos.
Net Zero Buildings Certification and Certification means the completion of an application for a Net Zero Building and the receipt of a Net Zero Buildings certificate by NZGBC.
Fees means the certification fees payable by the Applicant for the Assessment as set out on the NZGBC website at: https://www.nzgbc.org.nz/net-zero-buildings
Net Zero Buildings Standard means the version of the Net Zero Buildings standards current at the date of Registration, as varied from time to time, available on the Net Zero resources page of the NZGBC website https://www.nzgbc.org.nz/net-zero-buildings-terms-and-conditions
Trademark mean the NZGBC and Net Zero Buildings name, mark or logo set out in the NZGBC Brand Guidelines that can be found on the Net Zero Buildings resources page on the NZGBC website https://www.nzgbc.org.nz/net-zero-buildings-technical-resources
Validity Period means the 12-month period from receipt of the Net Zero Building certificate.
(2) Payment
a. Upon registration of an application, NZGBC will send an invoice to the Applicant which sets out the Fee amount owing, including any GST due.
b. The Applicant will pay the Fee by the 20th of the month following the date of NZGBC’s invoice (unless expressly agreed otherwise in writing).
(3) NZGBC’s Responsibilities
a. set out in the Net Zero Buildings Standard a summary of the documentation required for the assessment.
b. manage the assessment and use reasonable endeavours to ensure the assessment is undertaken in a timely manner; and
c. use its reasonable skill, care and effort in providing the Certification Service.
(4) Applicant Responsibilities
The Applicant agrees that:
a. The NZGBC is a non-profit organisation engaged in the effort to lessen the environmental impacts of buildings, and that the Net Zero Buildings Certification, while regulated by specific policies and standards developed by the NZGBC, also require discretion and judgment. The decision whether to grant or deny Certification to a building(s) will be based on the results of the assessment.
b. It will provide and arrange for the provision of all relevant information and assistance reasonably required by NZGBC to enable NZGBC to provide the Certification services. The Applicant warrants that all information that it provides to NZGBC is complete, accurate and not misleading and acknowledges that NZGBC will be entitled to rely on the accuracy and sufficiency of such information.
c. It will comply with all these Terms and Conditions.
d. Without limiting the scope of this paragraph, the Applicant agrees that:
i. Certification is not a representation and does not mean that the building(s) is structurally sound or safe, constructed in accordance with relevant laws, free of mould or mildew, or free of volatile organic compounds or allergens or toxins.
ii. Any grant of Certification does not mean that the NZGBC endorses, verifies or agrees with any information that has been provided or represented to it;
iii. Any grant of Certification shall not guarantee cost savings or economic benefits in relation to the Applicant, or any government incentive or tax benefits; and
If an Agent is acting on the Applicant’s behalf, the Applicant represents and warrants that it has completed a Confirmation of Agent’s Authority form and provided it to the NZGBC upon registration.
(5) Use of Trademark
This clause only applies if the Applicant is awarded Certification by the NZGBC. If the Applicant is not awarded a Certificate, the Applicant will have no rights to use the Trademark.
Certification Trademark
The Applicant:
a. agrees that all rights, title and interests in the Trademark (whether or not the subject of a corresponding trademark application or registration) vest in NZGBC.
b. agrees that all reputation and goodwill attaching to the use of the Trademark by it will ensure exclusively for the benefit of the NZGBC.
c. must not take any steps which may call into question NZGBC rights in respect of the Trademark.
d. must notify NZGBC immediately if it detects or reasonably suspects any infringement of the Trademarks, or non-compliance with the requirements of the Brand Guidelines, by it or any other person.
e. must provide all reasonable assistance to NZGBC in respect of proceedings brought against any infringement of the Trademark.
f. must not sublicense, or purport to sublicense, the use of the Trademarks.
(i) On receipt of notice of Certification, NZGBC grants the Applicant a non-exclusive licence to use the Trademarks in relation to the building(s) provided that:
a. such use is strictly in accordance with these Terms, the Brand Guidelines and any other written directions or approvals given by NZGBC, and
b. when using the Trademark for the first time, the Applicant must in accordance with the Brand Guidelines submit any draft materials containing the Trademark to the NZGBC for review and approval prior to any publication or distribution.
c. Tenants of a building(s) that achieve Net Zero Building Certification may publicise that they lease space with a Net Zero Buildings Certification but only by saying that they occupy a "space within a building(s) that has a Net Zero Buildings certification” or by using similar wording previously approved by the NZGBC.
(ii) Misuse of the Certification Trademark
Any misuse of certificates or the Trademark, which may include claims made by the Applicant purporting more than the actual scope, will result in the withdrawal of the Certification and permission to use the Trademark. The Applicant must not use the Trademark after the expiry or earlier termination of the Validity Period.
(iii) Suspension or Revocation for default
a. Without limiting any other right held by NZGBC, NZGBC may by notice in writing to the Applicant, immediately suspend or revoke the Certification and/or the suspend the Applicant ’s right to use the Trademark if NZGBC considers, in its absolute discretion, that the Applicant has failed to comply with these Terms, or relevant requirements of the Net Zero Buildings Standard or the Brand Guidelines.
b. Except to the extent otherwise agreed in writing by NZGBC, on either the expiration of the Certification or on receipt of a suspension or termination notice the Applicant must immediately, or within such other period agreed in writing:
i. discontinue the use of the Trademark in connection with the Certified building(s);
ii. remove all references to the Trademark on or in connection with the building(s), and destroy any promotional material bearing the Trademark where such references refer to the building (s),
iii. cease to represent that the Applicant has any connection NZGBC (in relation to the use of the Trademark or any other matter relating to Certification
iv. comply with any reasonable direction of NZGBC in relation to its Certification or use of the Trademark; and
v. if a suspension or revocation notice is issued, comply with the notice.
(6) Notification of relevant changes:
The Applicant must keep NZGBC informed of any significant changes relating to the building(s) that would affect compliance with this agreement, including its ability to maintain compliance with the Net Zero Buildings Standard during the Validity Period.
(7) Change of ownership:
The Applicant will promptly notify NZGBC in writing of any change to its name and of any change to ownership of the building (s) (including details of the new owner).
(8) Assignment:
The Applicant must not except in accordance with this clause, assign or otherwise transfer its rights or obligations under this agreement. If the Applicant enters a transaction under which it will cease to be the holder of the Certification (through sale of the building (s) or otherwise), it:
a. must notify NZGBC prior to sale; and
b. must, if approved by NZGBC, by an agreement between the Applicant, the NZGBC and the new Applicant, transfer its rights and obligations under these Terms to the new Applicant.
(9) Audit:
The Applicant must cooperate with any audit by NZGBC of its Certification or compliance with these Terms, including by providing documents and information required to be held under these Terms or as envisaged under the Net Zero Buildings Standard or Brand Guidelines.
(10) Public Reporting
a. The Applicant must cooperate with any request from NZGBC in relation to NZGBC’s requirement to publicly report on emissions and offsetting against a carbon neutral claim, including by providing documents and information required to be held under this agreement or as envisaged under the Net Zero Buildings Standard.
b. The Applicant must provide to NZGBC with:
(i) the information relating to the Certified Building referred to in the Disclosure and Publication clause below; and
(ii) a high-resolution digital copy of its logo and a photo of the building for publication on the NZGBC website and will communicate with NZGBC about the supply of this information.
(11) Disclosure and Publication
The Applicant consents to:
a. NZGBC publishing information relating to the building (s) on the NZGBC's website for the purpose of communicating to the public and to meet the requirements of the Net Zero Buildings Standard. This will include publishing information on the name of the building (s), the details of the Applicant for the building (s), the owner of the building (s) (if different from the Applicant), the location of the building (s) and the type of certification, the total carbon emissions for the specified time period, emissions reduction activities, and details of offset credits retired to meet the carbon neutral claim.
b. NZGBC publishing for promotional purposes information relating to the Certification of the building(s) on the NZGBC's website and social media accounts and in articles, media releases or papers.
c. NZGBC disclosing to third parties for research purposes information relating to the Certification of the building(s).
(12) Claims and indemnity
a. The Applicant:
i. must immediately notify NZGBC in writing of any claim, demand or proceeding brought against it, or in respect of which it may become liable, arising out of the use of the Trademark or any other matter relating to Certification of the building(s).
ii. releases and indemnifies NZGBC, and will keep it indemnified, from any liabilities, losses claims, damages costs and expenses of any kind whatsoever arising out of the Certification and use of Trademark.
b. To the extent permitted by law, NZGBC disclaims all warranties and liability for direct or indirect economic loss or consequential damage, or loss of profit, howsoever arising.
(13) Confidentiality
a. The Applicant and NZGBC each agree to keep the any information acquired by them pursuant to these Terms and labelled confidential, as confidential information except:
i. as is agreed in writing between the Applicant and NZGBC and, in such case, strictly limited to the terms agreed and any conditions attached to such agreement;
ii. to its directors, officers, employees, agents, contractors or representatives, insurers and professional advisers to the extent necessary to obtain the benefit of, or to properly perform its obligations, under these Terms;
iii. as required by an applicable law
iv. where information is already in the public domain.
b. On termination of the Certification for any reason, each party agrees to upon by request, promptly deliver to the other party in the manner and at the time as specified in any written notice by that other party all confidential information in its possession at the date of termination.
(14) General
a. Notices or other communications given by one party to the other in connection with these Terms must be in writing and sent by personal delivery, post or email to the address of the relevant party as notified to the other party from time to time.
b. The acts and omissions of the Applicant Agent will be deemed to be the acts and omissions of the Applicant.
c. The rights, powers, remedies and limitations provided for in these Terms are in addition to, and do not limit or exclude (or otherwise adversely affect), any other right, power, remedy or limitation provided to NZGBC in these Terms or by law.
d. Those provisions that by their nature are intended to survive termination or expiration of these Terms shall survive.
e. A failure or delay by a party to exercise any right or remedy it holds under this agreement or at law does not operate as a waiver of that right.
f. These Terms, and any variation to these Terms expressly agreed in writing by NZGBC, constitute the entire agreement of the parties concerning the subject matter of these Terms, and supersede and cancel any previous representations, agreements, understandings or arrangements (whether written or oral) between the parties.
g. The relationship of to the Applicant is that of an independent supplier to its customer. Except as expressly provided in these Terms, nothing in these Terms is intended to constitute a relationship of employment, trust, agency, joint venture, partnership or any other fiduciary relationship between the parties. No party has authority to bind or incur debts on behalf of the other party.
h. These Terms are to be construed in accordance with, and any matter related to it is to be governed by, the law of New Zealand.