Terms and Conditions

Last updated: July 2020

Introduction

These terms and conditions of service (“Terms”) govern the access or use by you of the Footprint digital will and estate administration services, secure digital storage service ("Vault") and associated apps, websites, content, products and services (the "Services") made available by Footprint New Zealand Limited, a limited liability company established in New Zealand, having its offices at Level 14, 191 Queen Street, Auckland 1010, New Zealand ("Footprint", "we", "us" or "our").

Where we refer to you or your in these Terms, we mean any individual that is using the Services.

Your use of the Services may also be subject to the specific terms applicable to the particular Service you use ("Service Specific Terms"), as well as any additional terms that apply to the Services, such as terms relevant to a particular subscription or policies for a particular event, activity, promotion or referral credit, and such terms will be disclosed to you in connection with the applicable Services ("Special Terms"). The Service Specific Terms and any Special Terms (in each case, where applicable) are, in addition to, and shall be deemed a part of, these Terms for the purposes of the applicable Services. In the event of a conflict between the Special Terms, Service Specific Terms and paragraphs 1 to 16 below with respect to the applicable Services, the terms shall prevail in the preceding order of priority.

Your use of the Services may also be subject to the terms of your agreement with other third parties (such as your payment method provider (for example your bank) and data service provider or your employer), which will apply in addition to these Terms.

Please read these Terms carefully before accessing or using the Services.

Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between us and you. If you do not agree to these Terms, you may not access or use the Services.

Footprint Connect Partner Agreements

You may be eligible to sign up to access and use the Services ("Partner Employee") in connection with an agreement ("Footprint Connect Partner Agreement") between us and a third party (such as a service provider or your employer) ("Benefit Provider") in relation to certain Services ("Partner Employee Program"). If you think that you may be eligible for the Partner Employee Program please contact us or your Benefit Provider for more information.

If you already use the Services but become eligible for the Partner Employee Program you will be provided with the choice to opt in to the Partner Employee Program. Opting in means that the provisions stated as being applicable to Partner Employees set out in these Terms will be applicable to you, including that payments for your Services (as described in paragraph 8 below) will become the responsibility of your Benefit Provider once the period for which you have pre-paid Service Fees (as defined below) for the applicable Services comes to an end (for such time as you continue to be a Partner Employee).

Information and Privacy

In order to access and use the Services, you may be required to provide us with your information, including personal information, such as details relating to your family and assets and your will instructions. We may also ask you to provide proof of identity. If you refuse to provide such information and/or proof of identity we may deny you access to, or use of, the Services.

It is your sole responsibility to ensure that any information you provide us is accurate, complete and error free. We are under no obligation to confirm or validate the information that you provide to us in connection with the Services.

Our Privacy Policy explains how we collect, store, disclose, use and protect your personal information. Our Privacy Policy is available online at our website, available here www.myfootprint.co.nz/privacy-policy. We may use such personal information for any purpose associated with your use of the Services, including to improve the Services and by sharing your personal information with our service providers.

In providing any information to us, whether in relation to you or a third party, you warrant that you have appropriate authorisation to disclose such information for the purposes it will be used for by us.

If you are a Partner Employee, in addition to the above, you consent, during the term of your applicable Footprint Connect Partner Agreement, to:

  • us providing your name, email and employment details to your Benefit Provider;
  • your Benefit Provider providing us with your name, email and employment details; and
  • us providing your Benefit Provider with reporting that identifies your account registration status,

in each case, solely in connection with the Footprint Connect Partner Agreement and/or these Terms.

By providing us with your personal information, you consent to receiving marketing material and other electronic communications from us. For more detail on this, including how to unsubscribe from receiving such material, please refer to our Privacy Policy.

Your Obligations

You may only use the Services if you:

  • undergo our screening processes and satisfy our customer qualification procedures (where applicable);
  • are the registered user of an account with us in respect of the Services ("Account") and you maintain accurate, complete and up-to-date information on your Account;
  • have set up a valid credit card on your Account; and
  • are doing so for lawful purposes and you comply with applicable laws.

In accessing and using the Services, you must not:

  • remove any copyright, trademark or other proprietary notices from any portion of the Services;
  • reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by us;
  • breach or otherwise circumvent any security or authentication measures;
  • access, tamper with or use any non-public areas or parts of the Vault, or shared areas of the Vault that you have not been invited to;
  • decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law or attempt to gain unauthorised access to, or impair, any aspect of the Services or its related systems or networks;
  • do any thing which may unduly hinder the operation and/or functionality of any aspect of the Services;
  • during your use of the Services, access, store, distribute or transmit any:
    • thing or device (including any software, code, file or program) which may prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device, including worms, Trojan horses, viruses and other similar things or devices; or
    • material that is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive or that facilitates illegal activity;
  • harass or abuse our personnel or our other representatives and/or agents; or
  • use the Services in a manner that causes any nuisance, annoyance, inconvenience or is otherwise illegal or causes damage or injury to any person or property.

Licence

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable licence to the Services and any content, information and related materials that may be made available through the Services, for the purposes of accessing and receiving the Services in accordance with these Terms.

We, or our licensors (as appropriate), own, and shall retain, all rights in and to the Services and the content, information and related materials made available through the Services. Other than the limited licence granted to you in paragraph 5.1, neither these Terms nor your use of the Services grants to you any rights in, or related to, the same or to use or reference in any manner our company name, logos, product and service names, trademarks or service marks or those of our licensors.

The Services may include functionality which allows you to submit, upload or otherwise make available content to us (which may include feedback related to the Services and other textual, audio, and/or visual content) ("Provided Content"). You must not provide Provided Content that is defamatory, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive (as determined by us in our sole discretion). We may, review, monitor, or remove Provided Content, at any time at our sole discretion, in each case, without providing notice to you.

Any Provided Content remains your property, but you grant us a worldwide, sublicensable, transferable, royalty-free licence to use, copy, modify, create derivative works of, and otherwise exploit in any manner such Provided Content for the purposes of providing the Services to you.

In respect of the Provided Content, you represent and warrant that:

  • you are either the sole and exclusive owner of all Provided Content or you have all rights, licenses, consents and releases necessary to grant use the license described in paragraph 5.4 above; and
  • neither the Provided Content, nor our use of the Provided Content as contemplated by these Terms will infringe, misappropriate or violate any rights of a third party (including intellectual property, proprietary or privacy rights), or result in our violation of applicable law or regulation.

Delivery and Access to the Services

If you would like to use a will as part of any applicable Services, that has not been prepared using the applicable will Services ("BYO Will"), you acknowledge that we are not responsible for that BYO Will. You must ensure that your BYO Will is valid and kept up to date on your Account.

You are responsible for obtaining all devices, data, connections and other requirements necessary to use the Services. We do not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. You are responsible for all costs, problems, conditions, delays, delivery failures and all other loss or damage arising from, or relating to, your devices, network connections or telecommunications links or caused by the internet.

You acknowledge that the Services may be provided by us or by our third party providers. You may also be able to access and use third-party products, services and content as part of the Services. Any such third-party products, services and content are subject to the terms and conditions set by their providers. We do not endorse or assume any responsibility for third-party products, services or content, including your use of the same.

You acknowledge that we are free to, and frequently do, make changes to the Services (at our discretion), including through the release of new updates, modifications and enhancements to our subscription options and websites, and in some cases discontinue features. We are not required to provide you with notice of any such changes.

Accounts

To use the Services, you must register for, and maintain, an Account. To register for an Account you must:

  • be eligible to use the Services (see paragraph 4.1 above); and
  • provide us with certain registration information, which may include personal information, such as your name, address, mobile phone number and age.

You are responsible for all activity that occurs under your Account. When you register for an Account, we may provide you with a user identification code, password or other information in relation to your Account. You must treat any information that we provide you in connection with your Account confidential and exercise every possible care to ensure the safety of the passwords and device you use in connection with the Services by taking all reasonable care to prevent loss, theft and unauthorised or fraudulent use.

You must immediately notify us on becoming aware of any unauthorised third party using your Account and shall, upon becoming so aware, change all passwords and other security information associated with your Account.

You must ensure that we have your current email address in relation to your Account. Failure to do so may mean that you do not receive notifications from us in relation to the Services and could result in closure of your Account, your content stored within the Vault being lost or your Services being terminated (each an "Event"). We are in no way liable to you for any losses, liabilities, damages, costs or expenses or other impacts that you suffer as a result of such Events.

Service Fees and Payment

Payment for your use of the Services

A fee may apply to your use of certain Services ("Service Fee"). The Service Fee varies depending on the Services that you access and use. You acknowledge and agree that you will be responsible for all Service Fees incurred under your Account.

The following terms apply to your Service Fees, unless you are a Partner Employee in which case paragraph 8.3 applies:

  • You must pay us any Service Fees in respect of your use of the Services annually in advance, unless otherwise specified in the Service Specific Terms or Special Terms (such as where the Services are subject to a "one-off" fee).
  • We will facilitate your payment of the Service Fees on behalf of our third party provider's using your payment method set up on your Account. Following your payment of the Service Fees, we will send you a tax compliant receipt by email.

Payment on behalf of Partner Employees

The following terms apply to your Service Fees if you are a Partner Employee:

  • The Service Fees will be paid by your Benefit Provider on your behalf and you will not be required to pay any Service Fees for the Services specified in your Footprint Connect Partner Agreement during the period that you continue to be a Partner Employee of your Benefit Provider or for as long as agreed upon with your Benefit Provider.
  • We will notify you as soon as reasonably practicable in the event that we become aware that you are no longer a Partner Employee and will provide you with the option to either:
    • terminate your use of the Services;
    • commence payment of the Services yourself, in which case we will provide you with the then-current fees for the Services; or
    • if you change your employment and your new employer is also a Benefit Provider or has an agreement with a Benefit Provider with respect to the same Services as your previous Benefit Provider, transfer payment of the Services to your new Benefit Provider (which will be arranged upon notification to us from the Benefit Provider).
  • If your Benefit Provider fails to pay for your subscription to the Services, we will deal with such late payment in accordance with the terms of the Footprint Connect Partner Agreement.
  • You may upgrade your applicable Services to a Service that is not covered by your Benefit Provider’s Footprint Connect Partner Agreement by providing us with notice. If you choose to do so you will be charged for the additional fees not covered by your Benefit Provider in accordance with the terms set out in paragraph 8.1.
  • We shall make any changes to the Service Fees for the Services provided to you as part of the Partner Employee Program in accordance with the terms of the applicable Footprint Connect Partner Agreement.

Service Fees paid by, or on behalf of, you are final and non-refundable, unless otherwise determined by us. In the event of any disputed or unauthorised transactions, please contact us by emailing us at info@myfootprint.co.nz.

Subject to paragraph 8.3(e), we may establish, remove and/or revise the Service Fees for any or all Services at any time in our sole discretion and such change will be effective on and from the date upon which your next Service Fee becomes payable for all Services which involve recurring Service Fees. In the event that there will be an increase in the Service Fees for your applicable Services, we will notify you via the email address set up on your Account at least 30 days prior to such change taking effect.

Promotions and Account Credit

From time to time, we may create referral and/or promotional codes ("Special Codes") that may be redeemed by some or all users of the Services for Account credit, or other features or benefits related to the Services, which may be subject to Special Terms. You agree that such promotional offers and discounts and any associated Special Codes, unless also made available to you, shall have no bearing on your use of the Services or the Service Fees applied to you.

In respect of any Special Codes, you agree that:

  • you will only use the Special Codes for lawful purposes, in accordance with these Terms and any Special Terms that apply to them;
  • you will not duplicate, sell or transfer any Special Codes or make any Special Codes available to any third parties without our permission (for example, in the case of "refer a friend" and other similar Special Codes);
  • Special Codes are not valid for cash;
  • Special Codes may expire prior to your use; and
  • we may withhold or deduct credits or other features or benefits obtained through the use of Special Codes at our discretion in the event that we consider that you have breached these Terms or that the use or redemption of the Special Code was in error, fraudulent or illegal.

Indemnity

You agree to indemnify, and will keep indemnified, us and our officers, directors, employees and agents ("Indemnified Parties") harmless from any and all claims, demands, losses, liabilities, and expenses (including legal costs and expenses) suffered or incurred by the Indemnified Parties, or for any claim brought against the Indemnified Parties, that arises out of or in connection with:

  • your breach or violation of any of these Terms; and
  • your violation of the rights of any third party.

Amendments

We may amend these Terms from time to time. Amendments will be effective upon posting of such updated Terms on our website.

Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended. If you do not accept any changes to these Terms you must stop using the Services.

Termination

You are free to stop using the Services at any time.

Should you wish to terminate any Services, you may do so by emailing us at info@myfootprint.co.nz and, unless otherwise specified in the Service Specific Terms or Special Terms, such termination will be effective at the end of the period for which you have already paid Service Fees (during which time you will continue to be able to access your Account) or if the Service Fees do not entitle you to access the Services for a specified period of time, 28 days following notice of such termination. Unless paragraph 13 applies, if you wish to terminate any Services part way through the period for which you have paid Service Fee, you will not be entitled to any refunds.

If you choose not to renew any Services at the end of the period for which you have paid Service Fees or you fail to pay any Service Fees due within 28 days of receiving notice of such late payment from us and we terminate your access to the Services, you will have access to the Services for a period of four weeks ("Account Closure Period") and be able to remove all content stored in the Vault or otherwise held in your Account. Following the Account Closure Period you will no longer be able to use or Access the Services (including your Account and anything stored in the Vault). We may be able to access your content stored in the Vault for an additional eight weeks from the expiry of the Account Closure Period ("Emergency Period"). If you need to access any content stored within the Vault during the Emergency Period, please contact us and we may be able to provide you with limited access to such content (if available). Following the completion of the Emergency Period all content stored in the Vault will be destroyed by us and will be irretrievable.

We may terminate these Terms, or any Services with respect to you, or suspend or deny access to the Services or any portion thereof, if you breach these Terms, fail to make any payment when due following our notification to you of the same or if we cease offering some or all of the Services to our customers generally.

Our Refund Policy

If you are not completely satisfied with your purchase of particular Services, in addition to your rights under the Consumer Guarantees Act 1993 and any other applicable New Zealand laws, you may be eligible to obtain a refund under Footprint's Refund Policy as described below:

  • As our Services are based directly on the information you have provided us we are unable to provide a refund due to information that has not been provided accurately or if you have changed your mind. However, if you believe that a genuine error has been made in connection with a will that we have provided you as part of the Services, you have up to 14 days from the time you receive your will to initiate a return by emailing us at info@myfootprint.co.nz or contacting us online through the “Contact Us” page of our website, available here www.myfootprint.co.nz/contact-us.
  • Upon receipt of your notification, a member of our team will contact you during our office hours (being, Monday to Friday (other than public holidays in Auckland, New Zealand) between the hours of 8.30am and 5.30pm) to discuss the problem that you have encountered. If we determine that the problem is genuine, we will endeavour to work with you to correct any such error. If we determine that the problem can be rectified easily we may, at our sole discretion, issue you an updated copy of the will. This may result in additional charges, but this will be discussed with you prior to any changes being made or additional fees being incurred. We cannot exchange the will for alternative services or issue a credit note. However, if necessary, we may issue you with a refund and will determine the appropriate payment method to be used for any refunds.

Limitation of Liability

Nothing in these Terms operates to exclude, restrict or modify any warranties, guarantees or other rights provided by law that cannot be excluded, including any rights you have under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986.

To the extent permitted by applicable law:

  • the Services are provided to you “as is” and “as available” and you agree that you are solely responsible for your use of the Services;
  • other than as expressly set out in these Terms, all warranties, guarantees or obligations imposed on us, or a third party provider in relation to the Services, are excluded to the maximum extent permitted by law; and
  • we make no representation, warranty, or guarantee that the Services will be uninterrupted or error-free.

We are not responsible for or any unauthorised access to any device you use to access the Services and any loss that you suffer in connection with the same (such as corruption of information).

To the extent permitted by applicable law, in no event will we be liable to you for any losses, liabilities, damages, costs or expenses including but not limited to direct, indirect, incidental, special, exemplary, punitive or consequential damages, lost profits, lost data, personal injury or property damage (even if we have been advised of the possibility of such damages) that result from or in connection with, these Terms or your access to, or use of, the Services.

Our liability for a breach of any such warranties, guarantees or rights arising out of any claim, demand, proceedings or caution whether in contract, negligence or otherwise, in any way connected with the Services shall not exceed the amount of Service Fees paid by you for, or if you are a Partner Employee, the Service Fees paid by your Benefit Provider for your specific use of, the Services over the 12 months immediately preceding the date that the relevant claim arose.

Disclaimer

Footprint is not a statutory Trustee Company and will not provide you with estate administration, legal or executorship services. Where estate administration or executorship services are provided in connection with the Services these will be provided to you by one of our third party referral providers ("Referral Provider") who will provide such services to you direct.

Where a Referral Provider provides any services to you in connection with the Services, your use of such services may also be subject to the terms of your agreement with such Referral Provider, which will apply in addition to these Terms.

General

In these Terms, the words “including” and “include” mean “including, but not limited to.”

Termination of these Terms will not affect any legal remedies we may have.

Any provision of these Terms which expressly or by implication is intended to continue in force after termination of these Terms shall remain in full force and effect.

Subject to any changes that may be made to these Terms from time to time, these Terms constitute the entire agreement between you and us and supersede all previous agreements and undertakings.

You may not assign or transfer these Terms in whole or in part without our prior written approval.

Nothing in these Terms has the effect of excluding, restricting or modifying rights which cannot lawfully be excluded, restricted or modified by agreement. If any provision of these Terms contravenes a law or is not enforceable, it will be removed from these Terms, but the rest of these Terms will continue in force.

We may subcontract or delegate the performance of any of our responsibilities under these Terms.

Waiver of any power or right under these Terms must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver.

These Terms are governed by New Zealand law and the courts of New Zealand shall have the non-exclusive jurisdiction.

Contact us

If you have a question or a complaint about the Services, please contact us by emailing us at info@myfootprint.co.nz.

Footprint Will Package Service Specific Terms

Introduction

These Service Specific Terms form part of our agreement with you ("Will Package Service Specific Terms") in relation to the supply of our Will Package Services to you ("Will Package Services").

You also need to read our general terms and conditions of service ("Standard Terms"), available on our website here www.myfootprint.co.nz/terms-conditions, which apply to your use of the Will Package Services and any applicable Special Terms (which may be set out on our website or otherwise provided to you by us).

Capitalised terms used but not defined in these Will Package Service Specific Terms have the meaning given to them in the Standard Terms.

Will Package Services

Your Will Package Services entitle you to the following:

  • Access to our online will system to complete an online will or the ability to upload your own will (being, a "BYO Will", as defined in the Standard Terms) or a will that you have prepared with one of our Referral Providers, to our platform. If your needs are identified by our system as not being appropriate for use with our online will system you will not be able to complete a will using our online will system and will instead be referred to one of our Referral Providers to complete your will. Wills completed by a Referral Provider will be subject to the payment of additional charges (such charges to be payable by you to such Referral Provider direct, should you choose to proceed), but as part of the Will Package Services we will provide you with a $50 discount to use with that Referral Provider's services ("Referral Discount").
  • The ability to complete a one-off, free, edit of your will during the period commencing on and from the date that you first submit your online will using our platform and ending four weeks after this date. Thereafter additional fees may apply to any requests to change your will to the extent that the edits are not included in the Will Package Services described in this paragraph 2.1.
  • The ability to update your will stored on our platform annually, enabling you to make certain permitted changes to your will. If the changes you wish to make cannot be supported by our platform such as where the relevant change requires legal advice or is likely to make your estate Complex (as defined in paragraph 3.1 below), we will refer you for an appointment with a Referral Provider and you will receive an additional Referral Discount off any associated charges from that Referral Provider (should you choose to proceed).
  • Access to the Vault to electronically store and access your will, documents and other related materials on demand.
  • Physical storage of your original will in our secure facility.
  • Will notifications.
  • Online estate planning learning labs.
  • Subject to paragraphs 2.2 to 3.4 below, access to an exclusive estate administration package with one of our Referral Providers, valued at $10,000 ("Estate Services").

The Estate Services are provided to you by one of our Referral Providers direct and will be subject to the terms of your agreement with such Referral Provider and not our agreement with you. However, the Estate Services should broadly include the provision of the following:

  • where the Referral Provider is named as the executor in your will:
    • locating and liaising with your family or next of kin following notification to the Referral Provider of your death;
    • obtaining a grant of administration or probate, if applicable, from the High Court (a legal authority to act in your estate);
    • providing your beneficiaries with an estate management plan and regular progress and other updates regarding administration of your estate;
    • compiling a list of assets and liabilities of the estate;
    • dealing with the assets of your estate once a grant of administration or probate has been obtained (for example, closing bank accounts, redeeming investments, co-ordinating the sale of property and collecting proceeds of insurance policies);
    • paying debts out of your estate’s assets (for example, funeral costs and credit card balances);
    • recording any transmission of property by survivorship relating to any jointly owned New Zealand assets;
    • finalising your taxation matters, including filing personal tax returns to the date of your death and dealing with any required estate tax returns from the date of your death and final distribution; and
    • preparing financial statements for your estate and providing copies to the beneficiaries of the estate; or
  • where the Referral Provider is not named as executor in your will, the provision of executor support upon notification to the Referral Provider of your death, including preparing documents for, and providing guidance to, your executor,

provided that you may only redeem the Estate Services if your will is valid at the time of your death.

Will Package Service Exclusions

You acknowledge that the Will Package Services may not be appropriate for all persons and we may decline your registration for the Will Package Services at our discretion, including where your will and estate needs are complex. Your needs are complex ("Complex") for the purposes of these Will Package Service Specific Terms if:

  • you own assets outside of New Zealand;
  • your will provides for assets to be given to beneficiaries that live outside of New Zealand;
  • your will involves an intestate estate or appoints co-executors;
  • your estate includes a charitable trust, inheritance trust or a testamentary trust or a life interest or right of occupancy in any properties; or
  • your estate is challenged by your beneficiaries or potential beneficiaries.

Where your estate is, or becomes, Complex and you have named one of our Referral Providers as the executor in your will, the named Referral Provider may charge fees for services provided specifically to deal with those aspects of your estate that make it Complex. You should refer to the terms of your agreement with the applicable Referral Provider if you have any questions about the Estate Services provided by your Referral Provider.

The Will Package Services do not include any third party costs such as court fees, bank charges and third party professional advisers fees (including but not limited to legal, tax and accounting fees. To the extent that you are using the Estate Services, the applicable Referral Provider may levy its fees against your estate directly for any such third party costs. You should refer to the terms of your agreement if you have any questions about the Estate Services provided by your Referral Provider.

If you use a BYO Will as part of the Services and wish to take advantage of the Estate Services:

  • the exclusions specified in paragraph 3.1 above also apply to the administration of your estate; and
  • you acknowledge that you are responsible for ensuring that your BYO Will identifies the applicable Referral Provider as executor. If you have not identified a Referral Provider as executor at the time of your death, the existing executor may handover their executorship to one of our Referral Providers, but this may be subject to additional charges from that Referral Provider.

You acknowledge that the Estate Services are provided to you by the Referral Provider direct and not us and that we are in no way responsible for the Estate Services provided to you by such Referral Provider. If you have any questions or concerns in respect of the Estate Services you must contact your Referral Provider direct.

Service Fees

The Service Fees for the Will Package Services are set out on our website, available here www.myfootprint.co.nz/will-package (as amended by us from time to time in accordance with the Standard Terms) and, unless agreed otherwise (such as where Special Terms apply to your use of the Will Package Services or as specified in the Footprint Connect Partner Agreement applicable to your use of the Services) are paid annually in advance.

In addition, your estate may also be charged a one off Service Fee of $5,000 if you have named a Referral Provider as your executor (or are otherwise using the Estate Services) and have been registered for the Will Package Services for less than five consecutive years prior to the date of your death.

Unless terminated in accordance with the Standard Terms:

  • we will automatically debit the recurring Service Fees for your Will Package Services on an annual basis commencing on the date that you first pay the Service Fees, by using your credit card details stored on your Account; and
  • we will continue to charge the Service Fees for the Will Package Services until your estate is settled, provided that in the event that this occurs part-way through the period for which you have paid the Service Fees.

Termination

In addition to the terms set out in the Standard Terms, if your subscription to the Will Package Services is terminated or you have outstanding Service Fees on the date of your death, neither us nor our Referral Providers (or any other provider) will be under any obligation to arrange to provide the Estate Services. In such circumstances, your estate may be charged for any estate related services conducted by such Referral Provider in accordance with their standard terms.

Footprint Will It Service Specific Terms

Introduction

These Service Specific Terms form part of our agreement with you ("Will It Service Specific Terms") in relation to the supply of our Will It Package Services to you ("Will It Services").

You also need to read our general terms and conditions of service ("Standard Terms"), available on our website here www.myfootprint.co.nz/terms-conditions, which apply to your use of the Will It Services and any applicable Special Terms (which may be set out on our website or otherwise provided to you by us).

Capitalised terms used but not defined in these Will It Service Specific Terms have the meaning given to them in the Standard Terms.

Will It Services

Your Will It Services entitle you to the following:

  • Access to our online will system to complete an online will or the ability to upload your own will (being a "BYO Will", as defined in the Standard Terms) or a will that you have prepared with one of our Referral Providers, to our platform. If your needs are identified by our system as not being appropriate for use with our online will system you will not be able to complete a will using our online will system and will instead be referred to a Referral Provider to complete your will. Wills completed by a Referral Provider will be subject to the payment of additional charges (such charges to be payable by you to such Referral Provider direct, should you choose to proceed), but as part of the Will It Services we will provide you with a $50 discount to use with that Referral Provider's services ("Referral Discount").
  • The ability to update your will stored on our platform annually, enabling you to make certain permitted changes to your will. If the changes you wish to make cannot be supported by our platform such as where the relevant change requires legal advice, we will refer you for an appointment with one of our Referral Providers and you will receive an additional Referral Discount off any associated charges for that Referral Provider's services (should you choose to proceed).
  • Access to the Vault to electronically store and access your will, documents and other related materials on demand.
  • Physical storage of your original will in our secure facility.
  • Will notifications.
  • Online estate planning learning labs.

The Will It Services do not include the provision of any estate administration or other related services of any kind.

Service Fees

The Service Fees for the Will It Services are set out on our website, available here www.myfootprint.co.nz/will-it-package (as amended by us from time to time in accordance with the Standard Terms) and, unless agreed otherwise (such as where Special Terms apply to your use of the Will It Services or as specified in the Footprint Connect Partner Agreement applicable to your use of the Services), are paid annually in advance.

Footprint Single Will Service Specific Terms

Introduction

These Service Specific Terms form part of our agreement with you ("Single Will Service Specific Terms") in relation to the supply of our Single Will Services to you ("Single Will Services").

You also need to read our general terms and conditions of service ("Standard Terms"), available on our website here www.myfootprint.co.nz/terms-conditions, which apply to your use of the Single Will Services and any applicable Special Terms (which may be set out on our website or otherwise provided to you by us).

Capitalised terms used but not defined in these Single Will Service Specific Terms have the meaning given to them in the Standard Terms.

Single Will Services

Your Single Will Services entitle you to:

  • complete an online will using our Footprint online will system and the ability to download a digital copy of the same; and
  • physical storage of your original will in our secure location.

Service Fees

The Service Fee for the Single Will Services are set out on our website, available here www.myfootprint.co.nz/single-will (as amended by us from time to time in accordance with the Standard Terms) and is paid as a single one-off fee upon your registration to use the Single Will Services.