TERMS AND CONDITIONS

These terms and conditions (Terms) are entered into between Succession Planning Limited NZCN 8970115 (we, us or our) and you, together the Parties and each a Party, in relation to the provision of Wills, Enduring Powers of Attorneys and Trust Formation services (Services).

1. SERVICES

Wills

1.1 You accept this Agreement, by clicking “I Accept” or completing our online questionnaire or booking an appointment with us through our booking platform. On acceptance of the terms, we will provide the Services in accordance with this Agreement, whether ourselves or through our Personnel. These Services include:

  1. Initial appointment to discuss you (and your partner’s, where applicable) instructions for a Will;

  2. Preparation of the Will(s), and provision of same to you by digital means;

  3. First draft of a Will for you (and your partner, where applicable), and;

  4. One round of amendments to the Will(s).

  5. The finalised Will(s) for signing will only be provided once the total price for the selected payment option has been paid in full.

  6. You are responsible for ensuring your Will is executed in accordance with the Wills Act 2007. Unless expressly agreed in writing, we do not supervise execution of your Will and are not responsible for invalidity arising from improper signing or witnessing. If you email us a legible copy of the signed Will within 30 days of your appointment, we can perform a visual check of the copy for apparent compliance with the signing and witnessing requirements. This does not verify the identity, independence, or capacity of witnesses, or guarantee the Will is valid.

1.2 You must be 18 years old to receive the Services from us.

1.3 If these Terms expresses a time within which the Services are to be supplied, we will use reasonable endeavours to provide the Services by such time, but you agree that such time is an estimate only.

1.4 We provide legal services as a law practice. Any legal advice we give is based on the information you provide and the law in force at the time the advice is given. If your circumstances change, or the law changes, you may need updated advice. Unless we agree otherwise in writing, we do not have an ongoing obligation to review or update advice after your matter is completed.

1.5 We are not medical professionals and do not provide medical assessments of capacity. Our advice and drafting are based on our professional judgment and the information presented to us at the time. If there is any doubt about capacity, you may need independent medical assessment.

1.6 All variations to the Services must be agreed in writing between the Parties and will be priced in accordance with any schedule of rates provided by us, or otherwise as reasonably agreed between the Parties. If we consider that any instructions or directions from you constitute a variation to the scope of the Services or our obligations under these Terms, then we will not be obliged to comply with such instructions or directions unless agreed in accordance with this clause.

1.7 We rely on the accuracy and completeness of the information you provide to us, whether verbally, in writing, or through our online questionnaire. We are not responsible for any error, omission, or adverse consequence arising from incorrect, incomplete, or misleading information provided by you. You must promptly notify us if any information provided is inaccurate or if your circumstances change before your documents are finalised.

1.8 Unless expressly agreed in writing, the Services do not include:

  • (a) relationship property advice or contracting out agreements;

  • (b) trust administration, trustee decisions, or ongoing trust advice;

  • (c) tax, accounting, financial, or immigration advice;

  • (d) advice on overseas assets or overseas law;

  • (e) confirmation that your chosen executors/attorneys/trustees are willing or suitable;

  • (f) storing original signed documents;

  • (g) any guarantee as to the future conduct, performance, solvency, or suitability of any person appointed under your Will, Enduring Power of Attorney, or trust documents.

Enduring Powers of Attorney (“EPA”)

1.9 You accept this Agreement, by clicking “I Accept” or booking an EPA appointment with us through our booking platform. On acceptance of the terms, we will provide the Services in accordance with this Agreement, whether ourselves or through our Personnel. These Services include: drafting Enduring Powers of Attorney (EPA) documents for both Property and Personal Care and Welfare, strictly in accordance with the Protection of Personal and Property Rights Act 1988 of New Zealand.

1.10 This service encompasses:

  • (a) An initial consultation to take your instructions and provide legal advice on the nature and effect of EPAs;

  • (b) Drafting of the EPA documents for Property and Personal Care and Welfare, tailored to your instructions;

  • (c) Provision of the drafted EPA documents for review by digital means;

  • (d) One round of amendments to the EPA documents;

  • (e) Provision of final EPA documents for signing once payment in full of the selected fee option has been received.

1.11 Under the Protection of Personal and Property Rights Act 1988, an EPA must be signed by the donor and witnessed and certified by an authorised person. Execution and witnessing of your EPA will be completed in accordance with the Protection of Personal and Property Rights Act 1988; and the Oaths and Declarations Act 1957, as amended by the Statutes Amendment Act 2025 (Part 30, 2A) which confirms that where a document must be signed in the presence of the person administering or witnessing it, that requirement may be satisfied using an audiovisual link, provided statutory requirements are met.

1.12 Where audiovisual witnessing is used, the execution process will be as follows:

  • (a) You attend an initial appointment to provide instructions and confirm your details;

  • (b) Once your details are confirmed and payment in full is received, we will issue final EPA documents for signing;

  • (c) You must arrange for your attorney(s) to sign the EPA in accordance with statutory requirements;

  • (d) You must book and attend a follow-up signing appointment with us;

  • (e) The follow-up signing appointment must be conducted using live video and audio. Audio-only communication is not sufficient, and your camera must remain on for the duration of the meeting;

  • (f) You must sign the EPA documents during the audiovisual meeting while visible to the witnessing lawyer;

  • (g) Immediately following the meeting, you must promptly courier the original signed documents to us for completion of certification; and

  • (h) You must include a prepaid, self-addressed courier bag for return of the original documents to you.

    An EPA is not fully effective until it has been properly executed, witnessed, and certified in accordance with legislation.

1.13 As part of the audiovisual witnessing process:

  • (a) You must produce valid government-issued photo identification during the meeting;

  • (b) You must hold the identification up to the camera so it is clearly visible;

  • (c) You authorise Succession Planning Limited to take and retain a screenshot or still image of you holding your identification for identity verification, compliance, and record-keeping purposes; and

  • (d) You acknowledge that this record will be stored securely in accordance with our privacy obligations.

  • If satisfactory identification is not produced, we may refuse to proceed with witnessing or certification.

1.14 You are solely responsible for:

  • arranging execution of attorney signatures;

  • ensuring documents are signed during the audiovisual meeting as required;

  • promptly couriering original signed documents to us;

  • including a prepaid, self-addressed return courier bag; and

  • ensuring documents are safely packaged for transit.

We do not:

  • accept responsibility for original documents while in transit;

  • track or monitor courier deliveries;

  • store original signed EPAs on your behalf; or

  • accept liability for loss, delay, or damage to documents during delivery.

Risk in original documents remains with you at all times while they are in transit. Our EPA Services include taking instructions, providing legal advice within scope, preparing documents, and witnessing and certifying the Donor’s signature via audiovisual link where selected and paid for.

Unless expressly agreed otherwise in writing, we do not supervise attorney signing, verify attorney suitability, or accept responsibility for EPAs rendered invalid due to failure to comply with statutory execution requirements.

Trusts

1.15 You accept this Agreement by clicking “I Accept” or booking a Trust Formation appointment with us through our booking platform. On acceptance of these Terms, we will provide the Services in accordance with this Agreement. These Services are limited to the establishment of a New Zealand discretionary family trust.

1.16 Our Trust Formation service includes:

  • (a) an initial consultation to take your instructions and provide legal advice on the structure and purpose of the trust;

  • (b) preparation of a Trust Deed;

  • (c) preparation of an initial Trustee Resolution;

  • (d) preparation of a Letter of Wishes; and

  • (e) provision of the above documents to you by digital means once payment in full has been received.

1.17 Our fixed fee for Trust Formation is $2,500 (including GST), unless otherwise stated in writing. The final trust documents will only be provided once payment in full has been received.

1.18 Unless expressly agreed in writing, our Trust Formation service does not include:

  • (a) transferring, settling, or vesting any assets into the trust (including property, shares, loans, businesses, or bank accounts);

  • (b) registering the trust or updating records with any third party, including banks, Inland Revenue, the Companies Office, or Land Information New Zealand;

  • (c) updating titles, company records, shareholder registers, loan accounts, or financial arrangements;

  • (d) providing tax, accounting, financial or investment advice;

  • (e) acting as a trustee or appointor or any other trust role; or

  • (f) ongoing administration, management, or review of the trust after formation; or

  • (g) advice on overseas assets, foreign trusts, or foreign law; or

  • (h) storing original signed trust documents.

1.19 We may also prepare additional trust-related documents upon request, including (without limitation):

  • (a) Trustee Resolutions;

  • (b) Letters of Wishes;

  • (c) Deeds of Forgiveness of Debt;

  • (d) Deeds of Variation of Trust;

  • (e) Deeds of Appointment and Removal of Trustees; and/or

  • (f) Deeds of Appointment and Removal of Beneficiaries.

    These additional documents are not included in the Trust Formation fixed fee and will be charged separately as agreed in writing.

1.20 You are responsible for arranging execution of all trust documents and for implementing the trust structure, including settling assets, notifying third parties, and updating records. We are not responsible for any loss or issue arising from failure to properly implement or maintain the trust after documents are provided.

1.21 We do not review or amend your Will, Enduring Powers of Attorney, or other legal documents as part of Trust Formation unless expressly agreed in writing.

We do not advise on the likelihood or merits of claims under the Family Protection Act 1955, Property (Relationships) Act 1976, or Testamentary Promises Act 1949 unless expressly agreed in writing.

2. YOUR OBLIGATIONS

2.1 You accept these Terms by checking the box, clicking “I accept” or completing the online questionnaire or booking of an appointment through our booking platform.

2.2 By accepting the Terms, You agree to:

  • comply with these Terms, all applicable Laws, and our reasonable requests;

  • provide us with all documentation, information, instructions, cooperation and access reasonably necessary to enable us to provide the Services; and

  • not (or not attempt to) disclose, or provide access to, the Services to third parties, except as reasonably necessary to execute your documents, appoint attorneys/executors/trustees, obtain independent advice, or to give effect to your instructions.

2.3 Where we are acting for more than one client (including couples), we may communicate with either of you, but we may require confirmation from all clients before implementing key instructions. If a conflict arises between clients, we may not be able to continue acting for all parties.

3. PRICE AND PAYMENT

3.1 Price options. We offer two payment options for the Services, as shown on the Site:

  • (a) Pay Over 8 Weeks – this is our standard price, payable in weekly instalments over 8 weeks. Once the first instalment is received, you’ll be sent a link to book your appointment.

  • (b) Pay $50 Now + Balance After Your Appointment – pay a $50 deposit when booking and the remaining balance after your appointment. Clients who choose this option save $100 off our standard price.

All prices are stated in New Zealand dollars and include GST unless otherwise stated.

3.2 Initial payment to secure booking. When booking, you will make an initial payment to secure your appointment:

  • (a) If you select Pay $50 Now + Balance After Your Appointment, the initial payment is the $50 deposit; or

  • (b) If you select Pay-over-8-weeks, the initial payment is the first instalment, the amount of which depends on the Service selected and is shown at checkout.

This initial payment is charged immediately at booking and confirms your appointment. See clause 8.1 for cancellation and rescheduling terms.

3.3 The payment methods we offer are set out on the Site. We do not store any credit card details, we offer payment through a third-party provider for example, Stripe. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.

3.4 Pay $50 Now + Balance After Your Appointment option. If you select this option:

  • (a) the $50 Deposit is charged at booking;

  • (b) after your appointment, we issue a Final Invoice for the balance, payable on receipt unless otherwise stated; and

  • (c) final documents are released only once full payment has been received. If the balance remains unpaid, we may suspend the Services and withhold drafts or final documents (see clauses 3.7 and 8.4).

3.5 Pay-over-8-weeks option (Instalment plan). If you select this option:

  • (a) The standard pay-over-8-weeks price applies;

  • (b) instalments are automatically billed weekly over 8 weeks as disclosed at checkout;

  • (c) once the first instalment has been paid, you receive an email link to choose and lock in your appointment;

  • (d) we will hold the appointment, meet with you, and draft your documents; and

  • (e) your finalised documents will not be released until the total price is paid in full. We charge no interest or credit fees.

3.6 You must provide accurate and current payment details, ensure sufficient funds for each instalment, and promptly update expired or replaced cards. If a payment fails, you authorise us and/or our processor to reattempt collection within a reasonable period.

3.7 If any instalment or invoice (including a Deposit + Balance invoice) is overdue, we may suspend the Services (including appointments) until arrears are paid and may withhold drafts or final documents. For the avoidance of doubt, we are not required to provide final documents for execution until all amounts due have been paid in full.

3.8 If any amount remains unpaid six (6) months after

  • (i) your first instalment date (for instalment plans) or

  • (ii) the date of your first invoice (for the Pay $50 Now + Balance After Your Appointment option), and we have issued at least one written reminder and your matter has been inactive, the matter will be deemed abandoned.

    Where a matter is deemed abandoned:

  • (a) we may suspend the Services and close our file;

    (b) you will not be entitled to receive any draft or final documents unless and until all outstanding amounts are paid in full;

    (c) no refund is payable for Services already performed; and

    (d) we may archive or destroy working drafts in accordance with our file retention policy.

    We may, at our discretion, reinstate the Services if all outstanding amounts are paid in full. If reinstated, we may require updated instructions and may charge a reasonable reactivation or administrative fee and/or additional fees where further work is required due to changes in your circumstances, instructions, or the law.

3.9 Where we issue an invoice, you must pay it by the stated due date. You must not pay, or attempt to pay, by fraudulent or unlawful means and you warrant you are authorised to use the payment method provided.

4. CLIENT CARE AND SERVICE INFORMATION

A: Client care and service information.

4.1 We will:

  • act competently, in a timely way, and in accordance with your instructions and arrangements made;

  • protect and promote your interests and act for you free from compromising influences or loyalties;

  • discuss with you your objectives and how they should best be achieved;

  • provide you with information about the work to be done, who will do it and the way the services will be provided;

  • charge a fee that is fair and reasonable and let you know how and when you will be billed;

  • give you clear information and advice;

  • protect your privacy and ensure appropriate confidentiality;

  • treat you fairly, respectfully and without discrimination;

  • keep you informed about the work being done and advise you when it is completed; and

  • let you know how to make a complaint and deal with any complaint promptly and fairly.

The obligations lawyers owe to clients are described in the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. Those obligations are subject to other overriding duties, including duties to the courts and to the administration of justice.

B: Complaints

4.2 If you have any concerns about our services, please contact us first so we can try to resolve the issue promptly and fairly.

4.3 If you are not satisfied with our response, you may make a complaint to the New Zealand Law Society Lawyers Complaints Service. The contact details are available on the NZLS website (www.lawsociety.org.nz). You can email complaints@lawsociety.org.nz or call 0800 261 801.

C: Conflicts of interest

4.4 We must comply with our professional obligations relating to conflicts of interest. If a conflict arises (or we consider there is a material risk of a conflict), we may not be able to act or continue to act for you. If this happens, we will discuss your options with you and, where appropriate, recommend you obtain independent advice.

D: Professional indemnity insurance and fidelity fund

4.5 We hold professional indemnity insurance that meets the minimum standards specified by the New Zealand Law Society.

4.6 The Lawyers’ Fidelity Fund provides limited protection against theft by lawyers in certain circumstances. We do not operate a trust account and do not hold client funds, so Fidelity Fund issues will not usually arise in our engagements.

E: Communications

4.7 We will usually communicate with you by email and/or phone. Email is not always secure and may be delayed, intercepted, or misdirected. By engaging us, you consent to us communicating with you electronically unless you tell us otherwise.

4.8 It is your responsibility to ensure we have your current contact details and to check your emails (including junk/spam folders).

F: Files and record retention

4.9 We will keep your file (electronically) for at least 7 years after our engagement ends, unless a longer period is required by law. After that, we may destroy our file and records without further notice.

G: Ending the engagement

4.10 You may terminate your instructions to us at any time by giving reasonable notice. You must pay for services provided up to the date of termination (and any non-cancellable costs we have incurred on your behalf).

4.11 We may terminate the engagement for good cause, including if you do not provide instructions or information we reasonably need, you do not pay amounts due, or continuing to act would breach our professional obligations. If we terminate, we will give you reasonable notice where practicable.

5. INTELLECTUAL PROPERTY

5.1 We retain ownership of all know-how, systems, workflows, drafting tools, templates, precedents, checklists, methodologies and materials developed or used by us in providing the Services (Our Precedents).

5.2 Subject to payment in full of all fees due, you own the final documents we prepare specifically for you as part of the Services, including your Will(s), Enduring Power(s) of Attorney, Trust Deed and any trust-related documents (Your Documents).

5.3 Until all fees are paid in full, all drafts, working papers and documents remain our property and may be withheld. Once payment is received in full, you are entitled to receive Your Documents for execution.

5.4 Your Documents are prepared solely for you based on your instructions and circumstances. You must not provide Your Documents to any other person for reliance or reuse (including as a template), and no third party may rely on them.

5.5 We may retain copies of Your Documents and related materials for our records, compliance, professional obligations and insurance purposes, including in electronic form.

5.6 Nothing in these Terms transfers to you any ownership rights in Our Precedents. You may not reproduce, adapt, commercialise, sublicense or distribute Our Precedents or any part of them.

5.7 This clause 5 will survive termination or expiry of these Terms.

6. CONFIDENTIAL INFORMATION

6.1 Each Receiving Party agrees:

  • not to disclose the Confidential Information of the Disclosing Party to any third party (subject to subclause 6.2);

  • to protect the Confidential Information of the Disclosing Party from any loss, damage or unauthorised disclosure;

  • to only disclose the Confidential Information to those of its Personnel who need to know the Confidential Information in connection with these Terms, provided those Personnel keep the Confidential Information confidential in accordance with this clause 6; and

  • to only use the Confidential Information of the Disclosing Party for the purpose of performing obligations, or exercising rights or remedies, under these Terms.

6.2 The obligations in clause 6.1 do not apply to Confidential Information that:

  • is required to be disclosed for the Parties to comply with their obligations under these Terms;

  • is authorised in writing to be disclosed by the Disclosing Party;

  • is in the public domain or is no longer confidential, except as a result of a breach of these Terms or other duty of confidence; or

  • must be disclosed by Law or by a regulatory authority, including under subpoena, provided that (to the extent permitted by Law) the Receiving Party has given the Disclosing Party notice prior to disclosure.

6.3 Each Party agrees that monetary damages may not be an adequate remedy for a breach of this clause 6.  A Party is entitled to seek an injunction, or any other remedy available at Law or in equity, at its discretion, to protect itself from a breach (or continuing breach) of this clause 6.

6.4 We owe you duties of confidentiality and, where applicable, legal professional privilege may attach to our communications and documents created for the purpose of providing legal services.

6.5 This clause 6 will survive the termination of these Terms.

7. LIABILITY

7.1 Despite anything to the contrary, to the maximum extent permitted by Law:

  • (a) our advice and documents are provided solely for you and for the purpose of the Services, and no other person (including any intended beneficiary, executor, attorney, trustee, family member, or adviser) may rely on them;

    (b) we are not responsible for loss caused by incorrect, incomplete, or misleading information provided by you or others;

    (c) we are not responsible for issues arising from events outside our control (including third-party platforms used for scheduling, payments, or document delivery); and

    (d) we are not liable for consequential loss.

    Nothing in these Terms limits liability that cannot lawfully be limited.

8. TERM AND TERMINATION

8.1 Cancellation, reschedule & refunds (by you):

  • (a) Booking confirmation. Your Appointment is secured when the initial payment and booking is made (see clause 3.2).

  • (b) Cancel more than 49 hours before your Appointment.

    • (i) Pay $50 Now + Balance After Your Appointment: Your $50 Deposit is refunded in full.

    • (ii) Pay-over-8-weeks: We refund all instalments paid to date, less a reasonable deduction for any Services already performed before cancellation (e.g., set-up, drafting). If no work has been performed, you receive a full refund of instalments paid.

  • (c) Cancel within 49 hours of your appointment or no-show.

    • (i) Pay $50 Now + Balance After Your Appointment: The $50 Deposit is forfeited.

    • (ii) Pay-over-8-weeks: We may retain up to $50 from instalments paid (to mirror the non-refundable Deposit) plus a reasonable deduction for any Services already performed. Any remaining instalments paid are refunded; any future instalments are cancelled.

  • (d) Rescheduling. You may reschedule up to 24 hours before your appointment without forfeiting the Deposit/first instalment. Rescheduling within 24 hours may result in forfeiture of the $50 component described above, at our discretion.

  • (e) If we cancel or materially postpone (and you do not accept a reschedule we offer), we will refund your initial payment (Deposit or first instalment) and any instalments paid that relate to Services not performed.

8.2 The Terms will operate for the Term.

8.3 This Agreement will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:

  • the other Party (Defaulting Party) breaches a material term of this Agreement and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or

  • any step is taken to enter into any arrangement between the Defaulting Party and its creditors, any step is taken to appoint a receiver, a receiver and manager, a liquidator, a provisional liquidator or like person of the whole or any part of the Defaulting Party’s assets or business, the Defaulting Party is bankrupt, or the Defaulting Party is unable to pay its debts as they fall due.

8.4 Upon expiry or termination of these Terms:

  • we will immediately cease providing the Services;

  • any payments made by you (or your Employer) to us for Services already performed are not refundable to you;

  • we may retain your documents and information (including copies) to the extent required by Law or pursuant to any information technology back-up procedure, provided that we handle your information in accordance with clause 6.

8.5 Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.

8.6 This clause 8 will survive the termination or expiry of these Terms.

9. GENERAL

9.1 Amendment: These Terms may only be amended by written instrument executed by the Parties.

9.2 Assignment: Subject to clauses 9.3 and 9.13, a Party must not assign, novate or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).

9.3 Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.

9.4 Counterparts: These Terms may be executed in any number of counterparts that together will form one instrument.

9.5 Disputes: Neither Party may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) without first complying with this clause 9.5. A Party claiming that a Dispute has arisen must give written notice to the other Party specifying the nature of the Dispute (Dispute Notice). The Parties must meet (whether in person, by telephone or video conference) within 10 Business Days of service of the Dispute Notice to seek (in good faith) to resolve the Dispute. For the avoidance of doubt, we may take action to recover undisputed overdue amounts at any time.

If the Parties do not resolve the Dispute within 20 Business Days of the date the Dispute Notice was served (or such further period as agreed in writing by the Parties), either Party may:

  • where you are resident or incorporated in New Zealand, the Dispute is to be referred to mediation, administered by the New Zealand Disputes Resolution Centre, who will decide the time, place and rules for mediation, and the costs of the mediation will be shared equally; or

  • where you are not resident or incorporated in New Zealand, refer the matter to arbitration administered by the New Zealand International Arbitration, with such arbitration to be conducted in Otago, New Zealand, before one arbitrator, in English and in accordance with the NZIAC Arbitration Rules.

Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction. Nothing in this clause limits your right to make a complaint to the New Zealand Law Society Lawyers Complaints Service.

9.6 Entire Agreement: These Terms contains the entire understanding between the Parties and the Parties agree that no representation or statement has been made to, or relied upon by, either of the Parties, except as expressly stipulated in these Terms, and these Terms supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.

9.7 Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided that the Party seeking to rely on the benefit of this clause:

  • as soon as reasonably practical, notifies the other Party in writing details of the Force Majeure Event, and the extent to which it is unable to perform its obligations; and

  • uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event.

Where the Force Majeure Event prevents a Party from performing a material obligation under these Terms for a period in excess of 60 days, then the other Party may by notice terminate these Terms, which will be effective immediately, unless otherwise stated in the notice. This clause will not apply to a Party’s obligation to pay any amount that is due and payable to the other Party under these Terms.

9.8 Further Assurance: Each Party must to promptly do all things and execute all further instruments necessary to give full force and effect to these Terms and their obligations under it.

9.9 Governing Law: These Terms are governed by the laws of New Zealand. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New Zealand and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

9.10 Notices: Any notice given under these Terms must be in writing addressed to the addresses set out in these Terms, or the relevant address last notified by the recipient to the Parties in accordance with this clause. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

9.11 Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the Parties.

9.12 Severance: If a provision of these Terms are held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

9.13 Subcontracting: We may subcontract the provision of any part of the Services without your prior written consent. We agree that any subcontracting does not discharge us from any liability under these Terms and that we are liable for the acts and omissions of our subcontractor.

9.14 Waiver: Any failure or delay by a Party in exercising a power or right (either wholly or partially) in relation to this Agreement does not operate as a waiver or prevent that Party from exercising that power or right or any other power or right. A waiver must be in writing and will be effective only to the extent specifically stated.

10. DEFINITIONS

In these Terms, unless the context otherwise requires, capitalised terms have the meanings given to them in the Schedule, and:

Authorised Person means a person authorised under the Protection of Personal and Property Rights Act 1988 to witness and certify an Enduring Power of Attorney.

Business Day means a day on which banks are open for general banking business in Otago, New Zealand, excluding Saturdays, Sundays and public holidays.

Commencement Date means the date you accept these Terms by clicking “I Accept” (or otherwise indicating acceptance) through our website, questionnaire, or booking platform.

Confidential Information means information which:

  • is disclosed to the Receiving Party in connection with these Terms at any time;

  • relates to the Disclosing Party’s business, assets or affairs; or

  • relates to the subject matter of, the terms of and/or any transactions contemplated

  • by these Terms,

whether or not such information or documentation is reduced to a tangible form or marked in writing as “confidential”, and howsoever the Receiving Party receives that information.

Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. However, your obligation to pay us the Price will not constitute “Consequential Loss”.

Disclosing Party means the Party disclosing Confidential Information to the Receiving Party.

Employer means your employer, who has entered into an arrangement with us as part of their staff employment benefits to provide legal services.

Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.

Instalment plan has the meaning given in clause 3 and includes the payment schedule presented at checkout.

Intellectual Property Rights or Intellectual Property means any and all existing and future rights throughout the world conferred by statute, common law, equity or any corresponding law in relation to any copyright, designs, patents or trade marks, domain names, know-how, inventions, processes, trade secrets or confidential information, circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing, whether or not registered or registrable.

Law means all applicable laws, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any requirements or directions given by any government or similar authority with the power to bind or impose obligations on the relevant Party in connection with these Terms or the supply of the Services.

Legal Services means services provided by a lawyer in the course of legal practice, including advice, document preparation, and explanation of legal effect.

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to these Terms or otherwise.

Moral Rights has the meaning given in the Copyright Act 1994 and includes any similar rights in any jurisdiction in the world.

New Materials means all Intellectual Property developed, adapted, modified or created by or on behalf of us or you or any of your or our respective Personnel in connection with these Terms or the supply of the Services, whether before or after the date of these Terms and any improvements, modifications or enhancements of such Intellectual Property, but excludes Our Materials and Your Materials.

Our Materials means all Intellectual Property which is owned by or licensed to us and any improvements, modifications or enhancements of such Intellectual Property, but excludes New Materials and Your Materials.

Personnel means, in respect of a Party, any of its employees, consultants, suppliers, subcontractors or agents, but in respect of you, does not include us.

Price means the total amount payable by you for the Services, being either:

  • (a) the standard price when you select the Pay Over 8 Weeks option (payable in weekly instalments over 8 weeks); or

  • (b) a discounted price of $100 less than the standard price when you choose the Pay $50 Now + Balance After Your Appointment option.

    All prices are shown on the Site and include GST unless stated otherwise.

Receiving Party means the Party receiving Confidential Information from or on behalf of the Disclosing Party.

Services means the legal services provided by us to you under these Terms, including Wills, Enduring Powers of Attorney, Trust Formation, and any additional trust-related documents or other legal services expressly agreed in writing.

Term means the Term of these Terms. These Terms will commence on the Commencement Date and will continue until the date on which we have completed the supply of the Services to you (as reasonably determined by us).

Terms means these terms and conditions and any documents attached to, or referred to in, each of them.

Third Party means any person or entity other than you and us, including (without limitation) banks, government agencies, registries, insurers, advisers, and service providers.

Trust Formation means the establishment of a New Zealand discretionary family trust in accordance with clause 1.15 to 1.18.

Your Materials means all Intellectual Property owned or licensed by you or your Personnel before the Commencement Date (which is not connected to this Agreement) and/or developed by or on behalf of you or your Personnel independently of this Agreement and any improvements, modifications or enhancements of such Intellectual Property, but excludes Our Materials and New Materials.

11.          INTERPRETATION

In this Agreement, unless the context otherwise requires:

(a) a reference to these Terms or any other document includes the document, all schedules and all annexures as novated, amended, supplemented, varied or replaced from time to time;

(b) a reference to any legislation or law includes subordinate legislation or law and all amendments, consolidations, replacements or re-enactments from time to time;

(c) a reference to a person includes a natural person, body corporate, partnership, joint venture, association, government or statutory body;

(d) a reference to a party (including a Party) to a document includes that party’s executors, administrators, successors, permitted assigns;

(e) a reference to a covenant, obligation or agreement of two or more persons binds or benefits them jointly and severally;

(f) a reference to time is to local time in New Zealand; and

(g) a reference to $ or dollars refers to the currency of New Zealand from time to time.