Terms and Conditions

Footprint Services (“Services”)

Your Footprint Will It subscription entitles you to:

• Completion of a Footprint online Will or the ability to upload your existing Will into your vault or completing a consultant Will with our sister company Perpetual Guardian[1] with a $50 discount applied.
• 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.

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.

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.

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 It Package subscription (“Footprint Connect Partner Agreement”) you will not be required to pay any charges for the Will It Package specified in that Footprint Connect Partner Agreement during the period that you continue to be employed by a Partner 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 It 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 It 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.

Footprint Service Exclusions

Footprint reserves the right to decline your subscription.

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 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.

Footprint, Perpetual Guardian or any other provider are under no obligation to provide or arrange the provision of estate administration services.

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.