Terms and Conditions

 

Terms and Conditions

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Introduction:

This document meticulously outlines the Terms and Conditions (the "Terms") under which the Trust Deed (the "Document") is provided to you, the User. These Terms are crafted with precision to safeguard the Document from unauthorized use, reproduction, distribution, adaptation, and any form of plagiarism. Your access to, perusal of, or interaction with the Document signifies your unequivocal agreement to abide by these Terms, which constitute a legally binding agreement between you and the Author.

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Definitions

• "Plagiarism" encompasses any unauthorized copying, adaptation, dissemination, or any form of appropriation of the Document or segments thereof without proper accreditation or explicit permission from the rightful owner.

• "User" denotes any individual, corporation, partnership, or any entity that seeks to access, consult, reference, or employ the Document in any conceivable manner.

• "Author" signifies the creator, originator, or the legal custodian of the Document, holding the entirety of intellectual property rights therein.

• "Trust Document" refers to an array of legal documents, writings, materials, or any content related to the conceptualization, establishment, administration, and management of a trust, including but not limited to trust deeds, agreements, and ancillary documentation.

 

Payment Terms and Conditions
 

Final Payment:​

• Final Payment Obligation: Customers who opt for an optional NZBN number will be forwarded the NZ Companies Office receipt and will be required to reimburse NZTRUSTEE for any disbursements - Customers will be notified in advance when an NZBN number may be required prior to commission of the NZBN process itself.
   

Late Payment and Remedies:

• Interest on Late Payments: Payments not made by the Due Date shall accrue interest from the Due Date at a rate of 2% per month or the maximum rate permitted by law, whichever is less, until fully paid, pursuant to the Interest on Money Claims Act 2016.

• Recovery of Collection Costs: The Customer shall be liable for all expenses incurred by the Provider in enforcing these terms, including but not limited to reasonable legal fees, court costs, and collection agency fees. This enforcement right is supported by the District Courts Act 1947, which allows for the recovery of such costs.
   

Additional Charges:

• Additional charges may be incurred on your behalf if you have opted for a single trustee. We require $150 as reimbursement for filling charges from the NZ Companies Office.

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Change of Mind policy:

• A full refund prior to distribution of any documents from (but not limited) to NZTRUSTEE or it's affiliates may be awarded. No refund will be given after personalised documents have been sent. This policy is at the discretion of NZTRUSTEE.

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Assignment and Transfer of Debt:

• Right to Assign: The Provider reserves the right, at its sole discretion, to assign, transfer, or sell any of its rights, including the right to receive payment, or delegate any of its duties under this Agreement to any third party without requiring prior consent from the Customer, as consistent with the Privacy Act 2020 which addresses the handling of personal information during such transactions.

• Notification of Assignment: The Customer will be notified in writing of any assignment or transfer of debt, which aligns with the Consumer Guarantees Act 1993, ensuring that consumers are adequately informed of changes in service provision.

• Data Transfer Authorization: The Customer expressly authorizes the transfer and disclosure of personal and financial information to any assignee or third party involved in the recovery of debts owed under these Terms and Conditions. This disclosure is in compliance with the Privacy Act 2020, which ensures that personal information is handled in a secure and lawful manner.
   

General Provisions:

• Modification of Agreement: No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties, which is in accordance with general principles of contract law under the Contracts and Commercial Law Act 2017.

• Severability: If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions shall continue in full force and effect, following the common law principles of severability.

• Governing Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of New Zealand, and the parties hereby submit to the exclusive jurisdiction of the New Zealand courts for any disputes or legal matters arising from or related to this Agreement.

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Service Terms and Conditions:
 

• No Legal Advice: We are not a law firm and do not provide legal advice. Any information or remarks made by our representatives, whether written or verbal, should not be construed as legal advice. 

• No Financial Advice: We are not a finance company and do not provide financial advice. Any information or remarks made by our representatives, whether written or verbal, should not be construed as financial advice.

• Document Use: While we provide documents intended for your use it is your responsibility to consult with a qualified professional to ensure that any documents provided meet your necessary legal and financial requirements and are suitable for your specific situation.

• No Warranty or Liability: NZ Trustee makes no warranties or representations regarding the accuracy, completeness, or suitability of the information provided. We disclaim any liability for any actions taken based on the information provided by us. 
   

Risk Factors

This section outlines significant risk factors associated with participating in or managing a trust based in New Zealand. It is crucial for trustees, beneficiaries, and potential investors to be aware of these risks, as they could materially impact the trust's financial performance, operational capabilities, and legal standing. Understanding these risks is essential for informed decision-making and strategic planning.

Regulatory and Legal Risks:

• Regulatory Compliance: New Zealand's trust law, notably the Trusts Act 2019, imposes strict compliance obligations on trust management. Failure to adhere to these regulations can result in legal penalties, financial losses, and reputational damage.

• Changes in Legislation: The legal framework governing trusts in New Zealand is subject to amendments. Such changes could adversely affect trust operations and its ability to fulfill its objectives.

 

Financial Risks:

• Market Volatility: The value of trust assets is subject to market conditions. Economic instability or downturns can significantly impact asset valuations and trust income.

• Interest Rate and Credit Risk: Fluctuations in interest rates affect loan obligations and investment yields. Additionally, credit risk from borrowers or investment entities failing to meet their obligations could lead to financial losses.

 

Operational Risks:

• Trust Management: The trust's operational success heavily relies on the competency and integrity of its managers and trustees. Mismanagement or unethical practices can lead to significant operational and financial setbacks.

• Data Security: With increasing reliance on digital platforms for trust management, there is a heightened risk of data breaches and cybersecurity threats, potentially compromising sensitive information.

 

Environmental, Social, and Governance (ESG) Risks:

• Climate Change and Sustainability: Environmental risks, including those related to climate change, can impact the trust's assets and operations. Transition risks associated with moving towards a low-carbon economy may also affect investment strategies and compliance with ESG criteria.

• Social and Governance Issues: Failures in addressing social issues, such as labor practices or community relations, and governance lapses, such as lack of transparency or ethical breaches, can negatively impact the trust's reputation and financial performance.

 

Economic and Market Risks:

• Economic Dependency: The trust's performance is likely influenced by New Zealand's economic conditions. Economic downturns, changes in commodity prices, or shifts in consumer behavior can adversely affect the trust's financial health.

• Global Financial Conditions: International financial market volatility, global economic downturns, or disruptions in trade can indirectly impact New Zealand's economy and, consequently, the trust's operations and performance.

 

Intellectual Property Rights

• The Author unequivocally retains all-encompassing rights in and to the Document, which includes copyrights, trademarks, patents, trade secrets, and any other proprietary rights as recognized globally by applicable laws, conventions, and treaties. These rights confer upon the Author the exclusive prerogative to authorize or restrict any use of the Document.

 

Usage Rights

• The User is accorded a limited, revocable, non-exclusive, and non-transferable right to access and utilize the Document strictly for personal and informational purposes. This grant does not extend to any form of reproduction, distribution, public display, public performance, modification, or any derivative use of the Document.

 

Prohibited Actions:

This section is expanded to include detailed examples and explanations of each prohibited action, emphasizing the nuances of intellectual property law as it relates to trust documents:

• Direct Plagiarism: Directly copying or mimicking the Document's content without acknowledgment or obtaining explicit consent from the Author. This includes but is not limited to the verbatim reproduction of text, the use of unique concepts or structures inherent to the Document, and the replication of any graphical elements or design features.

• Self-Plagiarism: The act wherein the Author reutilizes substantial portions of their own previously disseminated work within the Document without proper citation or disclosure, thereby misleading Users regarding the originality and novelty of the content presented.

• Mosaic Plagiarism: The crafty assembly or integration of excerpts from the Document with other works without adequate attribution, creating a patchwork that obscures the distinction between original and borrowed material.

• Accidental Plagiarism: The inadvertent failure to correctly cite sources or paraphrase the Document’s content, stemming from negligence, oversight, or misunderstanding of citation norms and practices.

• Data Fabrication: The concoction or falsification of data, information, or citations and attributing them to the Document, thereby compromising the integrity and reliability of the information provided.

• Unauthorized Distribution: The act of sharing, distributing, or making the Document accessible beyond the explicitly permitted scope outlined by these Terms, including unauthorized online distribution, print reproduction, or through any form of media.

 

Permissions and Restrictions:

• Detailed instructions on how to seek permission for uses beyond the scope outlined, including a comprehensive process for submission of requests, evaluation criteria, and the timeframe for response. This section emphasizes the need for clarity in stating the purpose, scope, and duration of the proposed use, along with any attribution guidelines specified by the Author.

 

Enforcement and Compliance:

• An elaborate description of the mechanisms in place for monitoring compliance with these Terms, including the use of digital rights management (DRM) technologies, routine audits, and the engagement of third-party services to detect unauthorized use and plagiarism.

 

Reporting and Remediation:

• A step-by-step guide on how to report suspected violations, including contact information, the type of information to be provided, and the process followed by the Author in investigating and addressing reports. This section also outlines the remedial actions that may be taken, including the removal of infringing material, cessation of access, and legal actions.

 

Liability Limitation:

• An expanded clause detailing the limitations of liability for the Author, including specific exclusions for indirect, consequential, exemplary, incidental, or punitive damages, even if the Author has been advised of the possibility of such damages.

 

Amendments and Updates:

• A clause specifying the process by which these Terms may be amended, including notice requirements to Users, the effective date of amendments, and how continued use of the Document post-amendment signifies acceptance of the new Terms.

 

Jurisdiction and Dispute Resolution:

• A detailed articulation of the governing law, the jurisdiction for resolving disputes, and a preference for arbitration, including the arbitration process, venue, and governing rules. This section may also include provisions for mediation as a preliminary step before arbitration.

 

Severability:

• A clarification that if any part of these Terms is held to be invalid or unenforceable, such holding will not affect the validity of the other parts of the Terms, which shall remain in full force and effect.

 

Additional Terms and Conditions - Data Privacy and Confidentiality

• Data Protection: The User agrees to comply with applicable data protection regulations regarding the collection, use, and retention of personal data obtained from the Document. The Author commits to handling such data in accordance with privacy laws and the Document’s privacy policy.

• Confidentiality: Any confidential or proprietary information contained within the Document is to be treated with the utmost secrecy and not disclosed or used beyond the scope permitted by these Terms without explicit written consent from the Author.

 

Accessibility and Usability

• Accessibility: The Author endeavors to ensure that the Document is accessible to individuals with disabilities, in alignment with best practices and legal requirements for accessibility.

• Usability: The Document is provided "as is," without warranty of any kind regarding its usability for particular purposes. The User assumes all responsibility for their use of the Document.

• Both accessibility and/ or usability of any transaction document is subject to a non-refundable set up charge. Which is the initial payment in full. Subsequent charges are refundable at the discretion of NZTRUSTEE and as required by law.

 

Contributions and Feedback

• User Contributions: Any content, feedback, or contributions provided by Users become the property of the Author, with the granting of a perpetual, irrevocable license to use, reproduce, modify, and adapt such contributions.

• Feedback: Feedback and suggestions about the Document are welcomed but do not establish any confidentiality obligation for the Author, nor do they imply any entitlement to compensation or acknowledgment.

 

Compliance with Laws

• Lawful Use: The User agrees to use the Document in compliance with all applicable laws, regulations, and legal requirements. Unauthorized use of the Document for illegal activities will result in termination of access rights and possible legal action.

• Any pricing agreement is subject to change from time to time - neither party is bound to accept a change in pricing, with the possibility of adjustments at our discretion process of notification and acceptance by the intended user. By availing of our services, you acknowledge and agree to this condition. We reserve the right to revise fees (if applicable), with changes becoming effective following the review period after acceptance. Your continued use of our services constitutes acceptance of any updated pricing arrangements. 

• The User acknowledges that any misuse of the trust or trust assets in accordance with applicable local laws at any time may result in invalidation of a trust by law. 

• Export Control: The User acknowledges that the Document may be subject to export control laws and regulations and agrees not to export or re-export the Document in violation of these laws.

 

Indemnification

• Indemnity by User: The User agrees to indemnify, defend, and hold harmless the Author and its affiliates, officers, agents, employees, and partners from any claim, demand, loss, liability, or expense, including reasonable attorney's fees, arising out of the User's use of the Document, violation of these Terms, or infringement of any intellectual property or other rights of any person or entity.

 

Termination and Suspension

• Rights of Termination: The Author reserves the right to terminate or suspend the User's access to the Document without prior notice, for any breach of these Terms. Upon termination, the User must cease all use of the Document and destroy any copies made.

• In exercising our sole discretion, the Company reserves the right to step down from its duties. This decision may be made after careful evaluation of the circumstances surrounding the trust's management. While we strive to fulfill our obligations diligently, situations may arise where our continued involvement is no longer tenable. Such a decision would be made in the best interest of all parties involved. We commit to communicating any such decision promptly and transparently, and to assisting in the transition to alternative arrangements, if necessary.

• Survival: Sections of these Terms that, by their nature, should survive termination will remain in effect post-termination, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

 

Suitability of use

• Suitable users must have at least one single NZ resident, with NZ address and accompanying IRD number.
   

Entire Agreement

These Terms, including any legal notices and disclaimers contained on the Document, constitute the entire agreement between the User and the Author concerning the use of the Document. This agreement supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter hereof.

 

Acknowledgment of Understanding:

• A concluding statement affirming that by accessing or using the Document, the User acknowledges having read, understood, and agreed to be bound by these Terms, recognizing them as a legal commitment equivalent to a signed, written contract.