Terms and Conditions

Last updated: July 2020

Introductions

These Special Terms form part of our agreement with you in relation to the supply of Partner Employee Program Services to you while you remain a Partner Employee of Aon New Zealand Limited (being, a "Benefit Provider" for the purposes of the Standard Terms (as defined in paragraph 1.2 below) ("Relevant Services").

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

Capitalised terms used but not defined in these Special Terms have the meaning given to them in the Standard Terms.

Special Terms

Two Hour Consultation: Notwithstanding the terms set out in the Service Specific Terms applicable to your use of the Relevant Services, if at any time 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 or, where applicable, complete an update of your will. Instead, you will be referred to one of our Referral Providers to complete your will and you will be provided with a free two-hour phone consultation to complete your will with such Referral Provider. If it will take more than two hours to complete your will, the Referral Provider will advise you of this prior to commencing any work and inform you of any additional charges which may apply (such charges to be payable by you to the Referral Provider direct, should you choose to proceed). For the avoidance of doubt, the free two hour Referral Provider consultation replaces, and is not in addition to, any other discounts applicable to the Relevant Services specified in the applicable Service Specific Terms (including the Referral Discount set out in the Will It Service Specific Terms and the Will Package Service Specific Terms (as that term is defined in the relevant Service Specific Terms)).

Service Fees for Additional Services: Should you upgrade the Relevant Services to a Service that is not covered by your Benefit Provider's Footprint Connect Partner Agreement in accordance with paragraph 8.3(d) of the Standard Terms ("Top Up Services"), we will charge you the applicable Service Fees for the Top Up Services monthly in advance. Please contact us by emailing us at info@myfootprint.co.nz for more information about Top Up Services, including the applicable Service Fees that will apply to your use of such Top Up Services.

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‚Äôs 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.