Terms of Engagement

Online Services only:

By registering to use the Online Services (as defined at Clause 1(1) below) you ('the Registered User') together with all individual users accessing the Online Services on your behalf (together 'you'), acknowledge that:

  1. you have read and understood these terms of engagement; and
  2. you are over 18 years of age, have the legal capacity to contract in New Zealand and any credit card you are using for payment of any fees for the Online Services is issued in your name;
  3. that all individual users accessing the Online Services on behalf of the registered user have the authority to act on behalf of the registered user.

Terms of engagement

  1. Introduction
    1. These terms of engagement outline the agreement between you and Public Trust regarding the products or services (‘services’) we will provide, including the online services at publictrust.co.nz and any feature, technology or functionality provided by those services, offered by us from time to time ('the Online Services'). In addition to these terms of engagement, there may be additional terms that apply in an associated service schedule, or in an engagement letter.
    2. These terms of engagement, in combination with the service schedule and/or engagement letter, are the full contract between us (‘contract’).
    3. Throughout this contract, a number of clauses will be under the heading “Online Services only”. These clauses only apply for use of the Online Services, and not to Public Trust’s ordinary services. Clauses that do not sit under the heading “Online Services only” apply to both the Online Services and ordinary services.
    4. References to the Website refers to either or both of the websites at publictrust.co.nz and publictrustonline.co.nz (as applicable) except for clauses under the heading ‘Online Services only’ when references to the Website refer to publictrustonline.co.nz only (‘Website’).
    5. If there is any conflict between the terms of engagement and the service schedule or engagement letter, these terms of engagement will prevail.
    6. Services
      1. We will provide the services described in this contract.
      2. You are responsible for determining that the services sought are appropriate to meet your needs.
      3. We may rely on the information that you provide and will not be liable or responsible for any extra time charged or costs that result from the inaccuracy of that information.
      4. Online Services only: We grant you a limited, non-exclusive, non-transferable, revocable licence to use the services in accordance with the contract. All rights not expressly granted to you by the contract are reserved by us.
  2. Our commitment to you
    1. We will:
      1. discuss with you your objectives and how they should best be achieved (excluding the Online Services)
      2. act competently, in a timely way, and in accordance with the information and instructions you provide
      3. provide you with information about the work to be done and the way the services will be provided
      4. protect your privacy and ensure appropriate confidentiality
      5. treat you fairly, respectfully and without discrimination
      6. give you clear information and advice
      7. keep you informed about the work being done and advise you when it is completed
      8. charge you a fee that is fair and reasonable to both of us for the services we provide and let you know how and when you will be billed
      9. have a clear process for you to raise any concern you may have (which is outlined on our Website) and will address these promptly and fairly
  3. Your obligations to us
    1. You agree that you will:
      1. provide, in a timely way, all information and assistance that we require to enable us to provide you services
      2. provide information that is true, accurate and not misleading
      3. advise us if you become aware that any document or information previously provided is inaccurate or incomplete.
      4. Online Services only: provide all technology, hardware, software and telecommunication facilities in order to access and use the Online Services.
    2. You will be solely responsible for the accuracy and completeness of all documents and information that you provide to us. We will not be responsible to verify the accuracy or completeness of any information that you provide, and we will be entitled to rely on that information.
    3. You can help us by:
      1. giving us clear instructions
      2. asking if there is anything you are not sure of
      3. telling us if you have any important time limits
      4. dealing promptly with any questions we have
    4. Online Services only: You are responsible for all activity that results from use of the Online Services  through your account. You are responsible for maintaining the security of your account and password.
    5. Online Services only: You agree to use the Online Services in a reasonable way. If we determine that your use of the Online Services is not reasonable or that your use is causing degraded performance of the Online Services for you or for other users, we may impose limits on your use of the Online Services. Where possible, we will endeavour to give you at least 24 hours prior notice and request that your usage is reduced before imposing any limits.
    6. Online Services only: You must not:
      1. use the Online Services in any manner or for any purpose that is unlawful or inconsistent with this contract.
      2. infringe our intellectual property rights or those of any third party in relation to your use of the Online Services;
      3. transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Online Services;
      4. use the Online Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
      5. collect or harvest any information or data from the Online Services or our systems or attempt to decipher any transmissions to or from the servers running any Online Services;
      6. access or register user logins via bots or other automated methods.
  4. Verification of identity
    1. Public Trust may terminate this contract if you do not provide us with sufficient information to verify your identity (which may include reverification), in accordance with our requirements.
    2. Public Trust retains the right to not act on the instructions from a third party on your behalf until such time as we have verified the identity of that third party in the same manner and with the same rights of termination as specified in this clause.
    3. Prior to being able to commence providing you services, Public Trust may need to verify your identity. We will inform you what information we require for the purposes of this verification and these can be viewed online at ptnz.nz/identity. If you cannot provide all requested information, we may not be able to commence providing you the services and will have the right to terminate this contract in accordance with clause 12.
  5. Fees, charges and billing
    1. Our fees, charges and billing practices vary depending on the services we provide. All fees and charges are either outlined on our Website or specified in an engagement letter or service schedule.
    2. Please note the fees listed on our Website may change from time to time. Public Trust will not be required to provide notice of any changes.
    3. You agree that Public Trust may vary our fees and charges at any time, including once services have commenced.
    4. All fees and charges are payable in New Zealand dollars and are inclusive of GST unless we agree otherwise.
    5. If any invoice is not paid by the due date, we may charge interest at the rate of 15% per annum.
    6. Public Trust may engage third-party legal providers or debt collectors to pursue recovery of unpaid invoices. You will be liable for all legal and debt collection costs that we may incur (including solicitor/client costs) in obtaining or attempting to obtain payment of our invoices, together with interest.
    7. If, at any time, this contract is terminated, Public Trust may invoice you for the fees and charges incurred up until the date of termination as well as for any additional costs that Public Trust incurs that are associated with ceasing to provide the services.
    8. Online Services only: Payments made by means of the Online Services service is through a secure payments processing website, Stripe ('Stripe'). However you acknowledge and agree that Internet transmissions are never entirely secure or private and that any message or information you provide through the Website or Stripe (including credit card information) may be read or intercepted by others. Public Trust will not have any liability for the interception, ‘hacking’ or other unauthorised access of information through the Website or Stripe by unauthorised third parties.
  6. Conflicts
    1. Our primary obligation is to you. In the event that we become aware of any likely conflict between your interests and those of Public Trust, we will disclose the potential conflict and take all steps that we are legally obliged to.
  7. Confidentiality
    1. We will hold in confidence all information concerning you and your business and affairs that we acquire in the course of providing you services.
    2. Subject to clause 8, we will not disclose this information to any person, unless you expressly or impliedly authorise us to do so, except to the extent required to provide you services as agreed in this contract or if the information is already public knowledge.
  8. Privacy
    1. In providing services to you, Public Trust will need to collect your personal information. This will include for the purposes of undertaking customer due diligence and for the ongoing management of your relationship with Public Trust.
    2. Public Trust may use your personal information to provide you updates in relation to your services as well as providing you general, promotional or marketing information regarding Public Trust and our other services.
    3. You authorise us to use any email address or phone number that you give us to communicate with you about the work we do for you. We may occasionally email you information we feel is relevant to you. If you do not want to receive that information, please let us know.
    4. Your personal information will be stored, used and disclosed in accordance with the Privacy Act 1993. Any personal information you provide may be used or disclosed by Public Trust to assist us in complying with our legal obligations. For more information refer to our Privacy Policy online at ptnz.nz/privacy.
    5. If you do not provide the personal information requested by Public Trust, we may be unable to provide you the services.
    6. You are welcome to ask for, have access to and check the personal information that we hold about you and if you believe that any of it is incorrect, you can ask us to correct it. Ways to contact us:
      1. phone us on 0800 371 471.
      2. email us at info@publictrust.co.nz.
      3. visit a Public Trust customer centre.
  9. Online Services only: Data
    1. Ownership of Data: Title to, and all intellectual property rights in, the data and content that you input into the Online Services ('the Data') remain your property. However, your access to the Data is contingent on full payment of Public Trust’s Access Fee when due. You grant Public Trust a licence to use, copy, transmit, store, and back-up your information and Data for the purposes of enabling you to access and use the Services and for any other purpose related to provision of services to you.
    2. Backup of Data: You must maintain copies of all Data inputted into the Service. Public trust adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but makes no guarantees that there will be no loss of Data. Public Trust expressly excludes liability for any loss of Data no matter how caused.
    3. Consent of Data Upload: You agree to your completed and/or signed will being uploaded to a registry curated by Public Trust, whether you have personally uploaded this at the final step of completion or whether it is uploaded on your instruction by a Public Trust staff member assisting you.
    4. Searching:You agree that Public Trust is permitted to search for your name within the registry including for the purpose of locating the storage location of your last digital will uploaded to the system in the event of your death.
    5. Third-party service providers and your Data: You acknowledge that Public Trust may allow third-party service providers, including third-party application providers of third-party applications you enable,  to access your Data as required for the performance of the Online Services, including the interpretation of such third-party applications with the Services. Public Trust shall not be responsible for any disclosure, modification or deletion of your Data resulting from any such access by third-party service providers.

  1. Indemnity
    1. You indemnify Public Trust and will keep us indemnified from and against any and all loss, damage or liability suffered and legal fees and costs incurred by Public Trust in the course of providing you services that result from:
      1. any action we take on instruction from you or
      2. your breach of the contract
      3. your negligent acts or omissions
      4. Online Services only: a breach by you of any of your obligations under any terms and conditions which you have accepted in relation to the Online Services third party payment processes;
      5. Online Services only: your intentional misuse of the online service payment process or the Website;
      6. any claim, suit or action brought against Public Trust by a third party for any of the matters above.
    2. This indemnity will not apply to any liability that has resulted from a breach or default by Public Trust in relation to our obligations and authority under these terms of engagement.
  2. Limitation of liability
    1. Public Trust will have no liability for any errors, deficiencies or omissions in any work performed as part of the services that arise as a result of inaccurate or incomplete information provided to us.
    2. The liability of Public Trust under the contract is limited to the value of the fees paid to Public Trust for the services.
    3. In no event will either party be liable for any indirect damages or for any lost profits arising out of or relating to a breach of the contract.
    4. Public Trust will not have any liability for any failure or delay in performing the services because of an event beyond our reasonable control.
    5. Online Services only: The Online Services are provided on an “as is” and “as available” basis and the use of them is at your sole risk.
    6. Online Services only: We do not warrant that the Online Services service will: meet your specific requirements or be uninterrupted, timely, secure or error-free.
    7. Online Services only: Public Trust will not be liable for any loss or damage that may result from any failure to keep usernames and passwords secure.
    8. Online Services only: Public Trust will have no liability for any loss or damage suffered as a result of any act or omission of any third party supplier used to provide hardware, software, networking, connectivity, storage and other technology in order to provide the Online Services, including the payments processing website Stripe ('Third Party Suppliers').
    9. Online Services only: On behalf of itself and any Third Party Suppliers, Public Trust excludes any warranties that may be implied or otherwise apply under any law, to the maximum extent permitted by law.

  1. Termination
    1. Public Trust may terminate the contract immediately by written notice to you if:
      1. you breach any material term of the agreement (such as your undertakings) that, in Public Trust’s reasonable opinion, is not capable of being remedied or
      2. you breach any other term of this agreement and that breach is not remedied within 5 working days of us notifying you of the breach.
    2. Either party may terminate the contract at any time by giving the other party at least 10 working days, prior written notice.
    3. Online Services Only: You may cancel your Online Services account by following the instructions on the Website.
    4. If the contract is terminated:
      1. Any obligation Public Trust has to provide the services to you will cease on the effective date of termination, unless otherwise agreed in writing.
      2. You will be required to pay Public Trust for all work performed up to the termination date and for costs associated with the termination.
      3. To the extent required, we will transfer all funds and property held for you and all relevant documents and information to you or as directed by you (subject to payment of all amounts due to us by you).
    5. Online Services Only: If your account is cancelled:
      1. your account will be deactivated;
      2. all of your rights granted under the contract come to an end. Your Data will not be deleted from our systems upon cancellation of your account. This content can be recovered upon your account being reactivated. Public trust is not liable for any loss or damage following, or as a result of, cancellation of your account, and it is your responsibility to ensure that any Data which you require is backed-up or replicated before cancellation.
    6. Nothing in this clause affects the operation of any other clause in the contract that are expressed or implied to have effect after termination of this agreement.
  2. How we handle complaints
    1. We will respond to any concerns promptly and fairly.
    2. All concerns or complaints may be raised with your Public Trust relationship manager. Alternatively, you can contact us by:
      1. phone: 0800 371 471
      2. email: complaints@publictrust.co.nz
      3. writing to Public Trust Customer Complaints, PO Box 13853. Christchurch 8140.
    3. We will review your complaint and work with you to address your concerns as quickly as possible.

    4. Both parties must use their best efforts to resolve any dispute through good-faith negotiation.

    5. If we are unable to resolve matters through our internal process, you may wish to contact our external dispute resolution provider, Financial Services Complaints Limited:

      1. Phone: 0800 347 257
      2. FSCL website: www.fscl.org.nz
      3. Address: Financial Services Complaints Limited, PO Box 5967, Wellington 6145

  1. General
    1. Documents: Public Trust may retain copies of any documents that we consider necessary to comply with our legal and audit obligations.
    2. Subcontracting: Public Trust is responsible for the provision of the services. However, we may, subcontract any third party to provide all or any part of the services.
    3. Assignment: Public Trust may assign our rights and obligations under this agreement. However, you may not assign your rights and obligations under this agreement except with our written consent.
    4. Waiver: No failure or delay on the part of any party  in exercising any power or right under these terms of engagement will operate as a waiver, nor will any single or partial exercise of such right or power preclude any other or future exercise of any right or power under the contract.
    5. Entire agreement: This contract sets out the entire agreement between the parties in relation to the matters that it deals with and supersedes and invalidates all previous letters, agreements and understandings (oral  or written) in relation to those matters.
    6. Variations: These terms apply to any current and all future engagements. However, we may vary these terms from time to time, and if we do so, the varied terms will appear on our Website www.publictrust.co.nz.
    7. Intellectual property: We retain copyright (to the extent permitted by law) in all documents prepared either by you, using the Online Services, or for you. This includes our trust deeds, wills and other documentation provided to you. You must not provide our advice or documents to others without our written consent.
    8. Invalidity of terms: Any illegality, unenforceability or invalidity in the contract will not affect the rest of the contract, which will remain in full force and effect.
    9. All things necessary: The parties will execute and deliver all documents and do all things necessary for the  proper and complete performance of their respective obligations under these terms of engagement.
    10. Jurisdiction: The contract is governed by and construed in accordance with the laws of New Zealand.

Service schedule

A. The terms in this service schedule must be read in conjunction with the terms of engagement and any applicable letter of engagement.

B. The services described below provide a general outline of what services Public Trust will provide. These may change depending on your particular requirement, and such changes will be agreed with you in person prior to the commencement of service delivery.

A. Services

All Services except the Online Services

  1. Consultation: We will meet with you for a consultation, either on the phone or in person. The purpose of a consultation is to discuss your requirements, provide you information about your options and take instructions on your specific circumstances.
  2. Price Estimate: At the conclusion of the consultation you will be provided an estimate of the cost of the services required. This will occur either verbally or through a letter of engagement (or both).
  3. Delivery of work: Public Trust will undertake work for you as agreed at either the consultation, or as outlined to you in a subsequent letter of engagement.

Online Services only

  1. Online Services only: Use of the Online Services: We will promptly address all technical issues that arise in connection with the Online Services.
  2. Online Services only: Delivery of work: Public Trust will undertake work for you as agreed and as set out on the Website.

B. Fees & Charges and Billing

All references to Public Trust’s ‘Fee Page’ in this Schedule is a reference to the following website: www.publictrust.co.nz/personal/fees-and-charges

  1. Deliverables: We may require you to pay all outstanding fees prior to the finalisation of our services, or prior to you receiving an executed copy of any deliverable, such as a will, trust deed or enduring power of attorney.
  2. Initial Payments: For some services you will be required to pay an initial amount at the end of your consultation, as outlined on the Fee Page. This will be outlined to you at the commencement of the consultation.
  3. Cancellation Fee: For some services, at the conclusion of a consultation, if you decide not to proceed with obtaining the services through Public Trust, you may be required to pay a cancellation fee as outlined on the Fee Page. If a cancellation fee applies, you will be informed at the beginning of your consultation.
  4. Hourly Rates (Where applicable): The hourly rates for the work we perform will be listed on our Fee Page, or if they are not listed on our Fee Page, they will either be provided to you following a consultation in a letter of engagement or available on request
  5. Additional Fees: If it takes longer to complete the work than was estimated at the consultation, including if additional complexities are identified, your approval of a revised estimate will be sought prior to incurring any additional fees. Payment of any additional fees may be required prior to additional work proceeding
  6. Cancelled Work: If you decide not to proceed with completing your requested services or finalising any deliverable, you must let Public Trust know. You will still be liable to Public Trust for work undertaken up until the time we become aware of your intention not to proceed
  7. Ongoing Work: If Public Trust acts as your executor, trustee or attorney, or in any other fiduciary capacity, the fees, charges and hourly rates listed on our Fee Page will apply.
  8. Online Services only: Fee Payments and Refund Policy: Public Trust will not provide refunds of fees charged for the Online Services except as set out below. Public Trust operates a 7-day trial period and as such you agree that you have purchased fully aware of the scope of the Online Services. You agree that you cannot enter your payment details and complete payment in error.
    While Public Trust’s policy is not to refund transaction payments received, you can lodge a claim for a refund of multiple payments caused by technical errors in the processing within 30 days of making the payments. Refund claims must be made in writing by the person making the payments to: support@publictrust.co.nz. Please include the following information:
    • Email address of account login
    • Your contact details
    • A brief description of the issue
    • The transaction number(s) OR the following: date and approximate time of payments, amount of payments and the Online Service(s) purchased.