Terms and Conditions

Footprint Services (“Services”)

Your Footprint subscription entitles you to:

• Completion of a Footprint online Will or the ability to upload your existing Will into your vault or completing a Will with a consultant from our sister company Perpetual Guardian[1] with a $50 discount.
• An annual update of your online Will, this service lets you make any changes that are within the ambit of what the Footprint platform allows. If the changes you wish to make cannot be supported by the Footprint platform such as where the said change(s) requires legal advice and/or is likely to make your estate “complex”[2], we will recommend an appointment with a Perpetual Guardian adviser. You will receive a $50.00 discount off the additional charges that apply if this is required. If you have elected to upload a Will drafted from a provider other than Footprint or Perpetual Guardian, Footprint is in no way responsible for the quality or accuracy of the contents or structure of this Will. Footprint annual updates are available to the subscriber however, only in the instance where the Footprint platform allows and your circumstances do not require third party advice. The $50.00 consult discount only applies to Perpetual Guardian Wills and not any other providers.
• Access to a secure digital storage service (“the Vault”), allowing you to electronically store and update your Will, documents and other material.
• Physical storage of your Will.
• Access to an exclusive estate administration package with Perpetual Guardian, valued at $10,000.

Estate Administration Services

Footprint partner with Perpetual Guardian to provide estate administration services, the Footprint estate administration package includes the following services:

• Locate and liaise with your family or next of kin following notification of your passing away;
• Obtain a grant of administration or probate, if applicable, from the High Court (a legal authority to act in your estate);
• Provide your beneficiaries with an estate management plan and regular updates that will detail the administration of the estate and progress;
• Compile a list of assets and liabilities of the estate;
• Deal 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;
• Pay debts out of your estate’s assets; for example, funeral costs and credit card balances;
• Record any transmission of property by survivorship relating to any jointly owned New Zealand assets;
• Finalise your taxation matters including filling personal tax returns to date of death and dealing with any required estate tax returns from date of death and final distribution; and
• Prepare financial statements for the estate and provide copies to the beneficiaries of the estate.

Fees and Payment

Footprint charges an annual subscription fee (“Footprint Fee”) for the Services. The first year of your subscription is payable in advance. There is the option on the second year to change your payments to monthly.

The Footprint Fee must be paid by credit card. We will notify you when your subscription is due for renewal.

The Footprint Fee will continue to be charged until your estate is settled. As the final subscription fee may occur after your passing the final fee will be, prorated to the nearest month and will be applied against your estate.

Footprint fees are subject to change as deemed appropriate to keep in alignment with economic and business variations. Any fee changes will be communicated a minimum of one month prior to taking affect and will not be applied until the end of the subscription term already in place.

If you pass away in the first 5 years of your subscription, and following your death, your estate uses Footprint’s estate administration services (including Executor support as per Clause 3) your estate will be charged a one-off fee of $5,000.

Footprint Connect Partner Agreements

If you (“Partner Employee”) enter into these Terms of Service in connection with an agreement between us and your employer (“Partner Employer”) in relation to Footprint's Will Package subscription (“Footprint Connect Partner Agreement”) you will not be required to pay any charges for the Will Package specified in that Footprint Connect Partner Agreement during the period that you continue to be employed by a Partner Employer or for as long as agreed upon with your employer.

We will notify you as soon as reasonably practicable in the event that we become aware that your employer ceases to be a Partner Employer or 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 your new employer is also a Partner Employer and has a Footprint Connect Partner Agreement with respect to the same Will Package as your previous employer, transfer payment of the Services to your new employer can be arranged upon your notification to Footprint.

If you are a Partner Employee and you subscribe to a Footprint Will Package that is not covered by your Partner Employer's Footprint Connect Partner Agreement, you will be charged for the additional fees not covered by your Partner Employer in accordance with the terms set out in these Terms of Service.

Executor Support

Where Perpetual Guardian is not named as executor in your Will, Perpetual Guardian are able to assist your executor by preparing documents and providing guidance and advice. Perpetual Guardian’s assistance will exclude completing any transmission(s), transfers or sale of property as Perpetual Guardian is prohibited from undertaking certain tasks with respect to an estate where Perpetual Guardian has not be appointed as executor.

If your executor does not request Perpetual Guardian’s executor support, your estate will not be issued any refund of any subscription fees paid to Footprint and your estate may be liable for fees, costs and disbursements incurred by your executor.

Footprint Service Exclusions

Footprint reserves the right to decline your subscription.

Where the estate is “complex” Perpetual Guardian as the Executor will charge fees on its usual time and cost basis, for services provided specifically to deal with those aspects of your estate which make it “complex”. In such circumstances, Perpetual Guardian will levy its fees against your estate directly. A complex estate is defined as administering (“Complex”):

• Assets or outside of New Zealand;
• Assets given to beneficiaries that live outside of New Zealand;
• An intestate estate;
• An estate appointing co-executors;
• A charitable trust, inheritance trust or a testamentary trust;
• A life interest or right of occupancy in any properties of the estate; or
• An estate which is challenged by your beneficiaries or potential beneficiaries, including dispute management.

Costs and disbursements incurred by Perpetual Guardian in undertaking estate administration including but not limited to court fees, bank charges and third party professional advisers fees (including but not limited to legal, tax, accounting whether these are provided by third parties or by Perpetual Guardian);

If you are bringing your existing Will to Footprint you acknowledge that the above exclusions apply to the administration of your estate. If your Will includes any of the above exclusions these will be charged from your estate on a time and cost basis.

BYO customers subscribing to any package that includes estate administration hold full responsibility for ensuring that their existing Will identifies Perpetual Guardian as executors. The onus is not on Footprint to check, identify, change or recommend the existing executorship situation. In the event a BYO customer has not selected Perpetual Guardian as executors at the time the estate administration service is required, the existing executor may handover their executorship to Perpetual Guardian. Any time and costs associated with the handover will be covered by the associated estate as this sits outside the terms of service.

The estate administration package can only be redeemed if a valid and signed Will is in place at the time of death. The onus is on the subscriber to ensure their Will is valid, signed and kept updated to account for their current circumstances.

Variation

Footprint’s Standard Terms and Conditions are subject to change from time to time and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you. It is the responsibility of the subscription holder to keep Footprint updated with current contact details.

Cancellation

You may cancel your subscription to the Footprint Service at any time by providing us written notice. You will need to email us at info@myfootprint.co.nz to cancel. Upon cancellation, you will not be issued a refund for any remaining months of your annual subscription. You will however retain access to all your Footprint services and benefits until the expiry of your subscription.

If you choose to cancel your subscription part the way through year one or mid-month on year two no refunds are provided. You do however still have full access to all products and services included in your subscription fee until the end of the year (for year one) or the month (year two).

If your subscription payment falls in arrears, Footprint will contact you by email to obtain payment within 28 days. If payment is received during this period, you will continue to enjoy use of all Footprint services. In the event that the full payment is not received during this period, you will no longer be eligible for any Footprint services and Footprint is under no obligation to renew your subscription.

Footprint may terminate its services in its entirety. If Footprint exercises this right, it will continue to offer you services until the end of your current subscription term.

If your subscription is cancelled or is not current or in arrears at the date of your death, Perpetual Guardian or any other provider will not be under any obligation to arrange the provision of estate administration services. Footprint will not be responsible for the costs of any estate administration. In such circumstances, your estate will be charged for any estate administration services conducted by Perpetual Guardian in accordance with their standard terms which can be found on their website, unless otherwise agreed in writing.

Once we receive notification of cancellation or non payment of your subscription fees you will have one month to remove all your personal files and content before your access is removed.

Other Important Terms

Footprint is not a statutory Trustee Company and will not be providing estate administration or executorship services. Footprint uses Perpetual Guardian, a statutory trustee company regulated by the Trustee Companies Act 1967 as the provider of executorship and estate administration services to Footprint’s customers.

Footprint is not an insurance product and is not a pre-payment product. Should you terminate your subscription with Footprint, you will not be entitled to a refund of any kind.

Our Footprint Privacy Policy explains how Footprint collects, stores, uses and protects your personal data.

Use of Partner Employee Information

In addition to the requirements noted above, if you are a Partner Employee, you consent, for the duration of your employment with that Partner Employer during the term of their Footprint Connect Partner Agreement, to:

• Us providing your name, email and employment details to your Partner Employer; and
• Your Partner Employer providing us with your name, email and employment details

In each case solely for the purpose of confirming that you are a Partner Employee of that Partner Employer.

By becoming a Footprint subscriber, you agree not to misuse the Vault or help anyone else to do so. For example, you must not do any of the following in connection with the Vault:

• Probe, scan or test the vulnerability of any system or network;
• Breach or otherwise circumvent any security or authentication measures;
• Access, tamper with or use non-public areas or parts of the Vault, or shared areas of the Vault you haven't been invited to;
• Interfere with or disrupt any user, host or network, for example by sending a virus, overloading, flooding, spamming or mail-bombing any part of the Vault;
• Abuse referrals or promotions to get more storage space than allocated;
• Circumvent storage space limits;
• Sell the Vault unless specifically authorised to do so;
  • Publish or share materials that are unlawfully pornographic or indecent, or that contain extreme acts of violence;
  • Advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual preference, disability or impairment;
  • Harass or abuse Footprint personnel or representatives or agents performing services on behalf of Footprint;
  • Violate the law in any way, including storing, publishing or sharing material that is fraudulent, defamatory or misleading;
  • Violate the privacy or infringe the rights of others; or
  • Any other acts or omissions in breach of any New Zealand law.