Terms and Conditions of Engagement – Protection Partners

These Terms and Conditions (Terms) are entered into between Protection Partners Limited NZCN 9414907 (we, us, or our) and you (you or your). Together we are referred to as the Parties and each individually as a Party.

1. Acceptance and Eligibility

1.1 You accept these Terms by:

(a) clicking “I Accept”;

(b) completing our online questionnaire; or

1.2 You must be 18 years or older to use our Services.

1.3 From time to time we may have informal discussions with you, including by telephone, email, or messaging. These discussions are general in nature and do not constitute legal advice, financial advice, or the provision of Services unless a formal engagement has been agreed under these Terms.

2. Nature of Our Services

2.1 Our Services are limited to document preparation and facilitating discussions regarding potential ownership structures and estate planning arrangements based on the information you provide. Unless expressly agreed in writing, we do not provide legal advice.

2.2 Nothing in these Terms or in the Services we provide creates a solicitor-client relationship.

2.3 You should obtain independent legal advice before signing or acting on any documents we prepare.

2.4 Any timeframes we provide are estimates only. We will use reasonable endeavours to meet them but cannot guarantee completion within any particular timeframe.

2.5 We are not medical professionals and cannot assess mental capacity. If there is doubt about capacity, you should obtain an independent medical assessment.

2.6 We rely on the accuracy and completeness of the information you provide. You must:

(a) ensure all information provided to us is accurate and complete;

(b) notify us promptly if your circumstances change; and

3. What Our Services Do Not Include

3.1 Our Services are limited to the preparation of documents based on your instructions. Unless expressly agreed in writing, our Services do not include the provision of advice or services relating to any of the following matters:

(a) relationship property advice or contracting out agreements;

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

(d) advice relating to overseas assets or foreign law;

(e) advice regarding claims under the Family Protection Act 1955;

(f) advice regarding claims under the Property (Relationships) Act 1976;

(g) advice regarding claims under the Law Reform (Testamentary Promises) Act 1949;

(h) confirmation that your chosen executors, attorneys, or trustees are willing, suitable, or capable of performing their roles;

(i) storage or safekeeping of original signed documents;

(j) any guarantee regarding the future conduct, performance, or suitability of persons appointed under your documents; or

(k) advice on the legal effectiveness, enforceability, or tax consequences of any document prepared by us.

4. Services We Provide

4.1 We may conduct an initial risk assessment designed to help you understand your circumstances and identify potential risks relating to asset ownership, estate planning, or succession.

4.2 The initial risk assessment is informational only and may include discussion about whether a family trust or alternative ownership structure may be appropriate based on the information you provide.

4.3 We may provide an ownership and structure strategy session to facilitate discussion about ownership structures for property or other assets.

4.4 A strategy session may include discussion of:

(a) personal ownership;

(b) trust ownership;

(d) property sharing agreements; and

(e) responsibilities associated with different ownership structures.

4.5 The purpose of a strategy session is to help you understand potential options and how those structures may operate in practice based on the information you provide.

4.6 Discussions during a strategy session are general in nature and are not intended to constitute legal advice or financial advice unless expressly agreed under a separate engagement or disclosure document.

4.7 A strategy session is intended to provide clarity and assist you in preparing for discussions with your solicitor or other professional advisers. Any legal arrangements or documents should be implemented only after obtaining appropriate professional advice.

4.8 You acknowledge that any strategy session is intended to assist you in understanding potential ownership structures and considerations only.

4.9 You are solely responsible for any decisions you make following a strategy session and for obtaining appropriate legal, financial, or other professional advice before implementing any arrangement discussed.

4.10 Protection Partners Limited is not responsible for any loss, liability, or consequences arising from decisions made by you following a strategy session or from any reliance placed on discussions during that session.

4.11 Our Trust Formation service includes:

(a) an initial consultation to take your instructions and discuss the structure and purpose of the trust;

(b) preparation of a Trust Deed;

(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.

4.12 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;

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

(e) acting as trustee, appointor, or in any other trust role;

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

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

(h) storing original signed trust documents.

4.13 We may also prepare additional trust-related documents upon request, including:

(a) Trustee Resolutions;

(b) Letters of Wishes;

(d) Deeds of Variation of Trust;

(e) Deeds of Appointment and Removal of Trustees; and

(f) Deeds of Appointment and Removal of Beneficiaries.

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

4.15 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.

4.16 We are not responsible for any loss or issue arising from failure to properly implement, administer, or maintain the trust after documents are provided.

4.17 A trust may provide certain structural benefits in appropriate circumstances, but we do not guarantee that any trust established using documents prepared by us will achieve any particular legal, tax, asset protection, or financial outcome.

4.18 The effectiveness of any trust depends on how it is implemented, administered, and maintained over time. These matters are outside the scope of our Services.

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

4.20 We do not advise on the likelihood or merits of claims under the Family Protection Act 1955, Property (Relationships) Act 1976, or the Law Reform (Testamentary Promises) Act 1949.

4.21 Our Will drafting service includes:

(a) an initial appointment to discuss your instructions;

(b) preparation and digital delivery of draft Will(s);

(d) one round of amendments.

4.22 You are responsible for ensuring your Will is executed in accordance with the Wills Act 2007.

4.23 We do not supervise execution and are not responsible for invalidity arising from improper signing or witnessing.

4.24 If you email us a legible copy of the signed Will within 30 days, we may perform a visual check for apparent compliance with signing requirements. This does not:

(a) verify witness identity, independence, or capacity; or

(b) guarantee the Will is valid.

4.25 Our EPOA service includes:

(a) an initial consultation to take your instructions;

(b) drafting of EPOA documents for Property and/or Personal Care and Welfare;

(d) one round of amendments; and

(e) provision of final documents for signing once full payment is received.

4.26 EPOAs must be executed in accordance with the Protection of Personal and Property Rights Act 1988. An EPOA is not effective until properly executed, witnessed, and certified.

4.27 Where audiovisual witnessing is used, the execution process is as follows:

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

(b) once details are confirmed and full payment is received, we issue final documents for signing;

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

(e) the signing appointment must be conducted via live video and audio, and audio-only is not sufficient;

(f) your camera must remain on for the duration of the meeting;

(g) you must sign the documents during the audiovisual meeting while visible;

(h) immediately following the meeting, you must courier the original signed documents to us; and

(i) you must include a prepaid, self-addressed courier bag for return of originals.

4.28 During the audiovisual witnessing process:

(a) you must produce valid government-issued photo identification;

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

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

If satisfactory identification is not produced, we may refuse to proceed.

4.29 You are solely responsible for:

(a) arranging execution of attorney signatures;

(b) ensuring documents are signed during the audiovisual meeting as required;

(d) including a prepaid, self-addressed return courier bag; and

(e) ensuring documents are safely packaged for transit.

4.30 We do not:

(a) accept responsibility for original documents while in transit;

(b) track or monitor courier deliveries;

(d) accept liability for loss, delay, or damage to documents during delivery.

4.31 Risk in original documents remains with you at all times while the documents are in transit or outside our physical control.

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

4.33 You are responsible for ensuring EPOA documents are properly signed, witnessed, and certified by a lawyer or other suitably qualified person authorised to witness EPOAs under the Protection of Personal and Property Rights Act 1988.

4.34 We prepare a draft shareholders agreement based on your instructions, recording your intentions regarding ownership, decision-making, and other key provisions.

4.35 You should obtain independent legal advice before signing the agreement.

4.36 Finalised documents will only be provided once full payment has been received.

4.37 You are solely responsible for the lawful execution, certification, registration, where required, and legal compliance of all documents.

5. Variations

5.1 Any variation to the agreed Services must be agreed in writing.

5.2 Variations will be charged in accordance with our schedule of rates or as otherwise agreed in writing.

5.3 If we consider your instructions constitute a variation to the agreed Services, we are not required to perform that work unless the variation and any additional fees are agreed in writing.

6. Payment

6.1 We may require payment of a deposit, retainer, or full payment in advance before commencing the Services.

6.2 Unless otherwise agreed in writing, all fees must be paid in full before final documents are provided.

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

6.4 If payment is overdue, we may:

(a) suspend or cease providing the Services;

(b) withhold delivery of any documents or work product;

(d) recover all reasonable costs incurred in collecting the debt, including legal fees and debt collection costs.

7. Amendments and Revisions

7.1 One round of amendments is included in the agreed fee, provided those amendments fall within the original scope of the Services.

7.2 Any additional amendments or changes to your instructions may be treated as a variation to the Services and may incur additional fees.

7.3 Additional amendments will be charged either:

(a) at our hourly rate of $350 plus GST; or

(b) at a reasonable fixed fee determined by us based on the nature and complexity of the work required.

7.4 Requests for amendments must be made in writing within 14 days of receiving the draft documents. If no amendment request is received within that time, the draft will be deemed accepted.

7.5 We reserve the right to decline amendment requests that materially change the scope of the Services unless a new engagement is agreed.

8. Cancellation and Refunds

8.1 You may cancel the Services at any time by providing written notice.

8.2 If you cancel before the Services commence, any deposit paid will be refunded less reasonable administrative costs.

8.3 Once the Services have commenced, no refund will be provided.

8.4 Services are deemed to have commenced when we first begin work on your matter, including:

(a) reviewing questionnaire responses;

(b) conducting an appointment; or

8.5 We may cancel the Services at our discretion, including if you:

(a) fail to pay amounts due;

(b) fail to provide required information;

(d) where continuing would be unlawful or unethical.

8.6 If we cancel under clause 8.5, you remain liable for Services already provided and no refund will be given.

9. Privacy

9.1 We collect, use, and store personal information in accordance with the Privacy Act 2020 and our Privacy Policy.

9.2 We collect personal information in order to:

(a) provide the Services;

(b) communicate with you;

(d) comply with legal and regulatory obligations.

9.3 We may share your information with:

(a) professionals to whom you are referred;

(b) our employees, contractors, and service providers who assist us in delivering the Services; and

9.4 Your information may be stored electronically using secure third-party systems.

9.5 You may request access to, correction of, or deletion of your personal information, subject to any legal obligations requiring us to retain records.

10. Anti-Money Laundering (AML)

10.1 We are required to comply with the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 and related regulations. As part of this obligation, we must conduct customer due diligence and verify certain information about you and any persons associated with you.

10.2 This may include collecting personal information, identification documents, and in some circumstances information relating to the source of funds or source of wealth.

10.3 We may use a third-party service provider to collect, verify, and securely store customer due diligence information, and you authorise us to provide your information to that provider for this purpose.

10.4 We may not be able to commence or continue providing the Services until the required information has been obtained and verified.

10.5 You agree to promptly provide any information or documentation we reasonably request for AML compliance purposes.

10.6 If you fail to provide requested information or otherwise do not cooperate with AML obligations, we may suspend or terminate the Services.

10.7 In some circumstances we may be required by law to decline to act or cease acting without providing further explanation.

11. Intellectual Property

11.1 All templates, precedents, methodologies, systems, and materials used in providing the Services remain our intellectual property.

11.2 Upon full payment of all fees, you are granted a non-exclusive, non-transferable licence to use documents prepared for you for your personal or internal purposes.

11.3 You must not reproduce, modify, distribute, sell, or otherwise use documents prepared by us for commercial purposes without our prior written consent.

11.4 Nothing in these Terms transfers ownership of our intellectual property to you.

12. Limitation of Liability

12.1 We maintain professional indemnity insurance.

12.2 If any claim against us is covered by our insurance, our liability is limited to the amount paid by our insurer in respect of that claim.

12.3 If a claim is not covered by our insurance, or our insurer declines to pay, our total liability arising out of or in connection with the Services is limited to the total fees you paid for the relevant Services.

12.4 To the maximum extent permitted by law, we are not liable for any:

(a) indirect or consequential loss;

(b) loss of profits, revenue, anticipated savings, or business opportunity;

(d) loss arising from your failure to seek independent professional advice or properly execute or implement documents prepared by us.

12.5 These Terms do not exclude or limit liability that is required under applicable law, including the Consumer Guarantees Act 1993.

12.6 You acknowledge that:

(a) we do not provide legal advice unless expressly agreed in writing;

(b) documents are prepared based solely on the information and instructions you provide;

(d) you are responsible for proper execution and implementation of documents; and

(e) we do not guarantee that any document prepared by us will achieve a particular legal, tax, asset protection, or financial outcome.

13. Dispute Resolution

13.1 If a dispute arises in connection with these Terms or the Services, either Party must notify the other Party in writing.

13.2 The Parties will first attempt to resolve the dispute through good faith negotiation.

13.3 If the dispute is not resolved within 14 days, either Party may refer the dispute to mediation administered by the Arbitrators’ and Mediators’ Institute of New Zealand (AMINZ).

13.4 Mediation will take place in Christchurch, unless the Parties agree otherwise, and the costs of mediation will be shared equally.

13.5 If the dispute is not resolved within 30 days after referral to mediation, either Party may commence legal proceedings.

13.6 Nothing in this clause prevents either Party from seeking urgent interim or interlocutory relief from a court.

14. Force Majeure

14.1 Neither Party will be liable for failure or delay in performing obligations under these Terms if that failure or delay is caused by events beyond its reasonable control, being a Force Majeure Event.

14.2 Force Majeure Events include, but are not limited to:

(a) natural disasters, earthquakes, floods, or severe weather;

(b) war, terrorism, civil unrest, or acts of violence;

(d) government actions, orders, or restrictions;

(e) strikes or industrial disputes;

(f) telecommunications failures, power outages, or internet disruptions; or

(g) cyber incidents or failures of third-party technology systems.

14.3 The affected Party must notify the other Party as soon as reasonably practicable after becoming aware of the Force Majeure Event.

14.4 If a Force Majeure Event continues for more than 30 days, either Party may terminate the affected Services by written notice.

14.5 Termination under this clause does not affect any obligation to pay fees for Services already provided.

15. General

15.1 Entire Agreement

These Terms constitute the entire agreement between the Parties in relation to the Services and supersede all prior discussions, representations, or agreements.

15.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect.

15.3 Waiver

A waiver of any right under these Terms must be in writing and does not constitute a waiver of any other right.

15.4 Assignment

You may not assign, transfer, or otherwise deal with your rights or obligations under these Terms without our prior written consent.

15.5 Notices

Any notice under these Terms must be in writing and may be given by email, post, or hand delivery.

15.6 Governing Law

These Terms are governed by the laws of New Zealand.

15.7 Survival

Clauses relating to privacy, anti-money laundering, intellectual property, limitation of liability, and dispute resolution survive termination of these Terms.

15.8 Financial Advice Licence Disclosure

The director of Protection Partners Limited holds a financial advice licence and operates under Stafford’s Wealth Management Limited.

As part of our due diligence process we may ask questions about your estate planning arrangements, including whether you have a current Will, Enduring Powers of Attorney, or personal insurance.

In some circumstances, either we or a representative of Stafford’s Wealth Management Limited may contact you to discuss the status of your estate planning documents or personal insurance arrangements.

16. Definitions

16.1 Agreement means these Terms and any documents incorporated by reference.

16.2 AML means anti-money laundering obligations under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009.

16.3 EPOA means an Enduring Power of Attorney.

16.4 Personnel means our employees, contractors, agents, and service providers.

16.5 Services means the services described in clause 4 or otherwise agreed between the Parties.

16.6 Will means a last will and testament prepared in accordance with your instructions.

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Terms and Conditions of Engagement – Protection Partners