These Terms are the standard terms on which the Company (and advisers acting through the Company) provides services to clients. You do not need to sign any formal documentation to indicate your acceptance of these Terms. It will be assumed from you continuing to engage us.
This should be read in conjunction with the Adviser’s Disclosure Statement.
Capitalised words used in these Terms have the meaning given to them in the Dictionary in section 12 below.
The Company is a Registered Financial Adviser (Entity) and the Adviser is a Registered Financial Adviser (Individual) for the purposes of the Financial Advisers Act 2008. The Adviser (and any sub-advisers) acts through the Company to provide you with financial advice. Details of the products that the Adviser is permitted to advise on are set out in the Adviser Disclosure Statement.
Relationship with NZFSG
We are part of the NZFSG adviser network. This enables us to utilise NZFSG’s relationships with its approved product providers. However, please note that neither the Company, the Adviser nor any sub-adviser acts through or on behalf of NZFSG in providing any Services.
2. Approved Product Providers
We are an accredited adviser with the following Product Providers. The Adviser recommends approved products provided by these Product Providers which the Adviser considers takes into account your financial situation or goals.
ANZ, ASB, BNZ, Avanti Finance, Resimac, and Westpac and on occasion other providers.
Occasionally we may notify you of updates to the Product Providers.
In providing the Services, we will ensure that the Adviser works with you in the following manner:
The Adviser will agree with you what your requirements are in relation to advice relating to mortgage services
The Adviser will get to know you and gather information from you about your financial situation, personal objectives and risk position
The Adviser will then develop recommendations for mortgage options based on your situation and objectives
The Adviser will assist you with considering the recommendations and facilitate the application process for products and services selected by you
The Adviser also provides an ongoing service of assisting you in managing the re-financing of your mortgage facilities
The Adviser will use all reasonable efforts to complete the Services within any agreed timeframes but the timeframes are indicative only.
4. Commission - how we get paid
Generally we don’t charge you any fee for the advice and transactional solutions that your Adviser provides to you. This is possible because, on settlement of a mortgage we usually receive commission from the applicable Product Provider. The commission is generally of an upfront nature but may also include a renewal or trail commission. We also receive a fixed rate roll over fee from some Product Providers if we assist in restructuring your mortgage. There are three exceptions to this general position which are explained below.
A full schedule of all Product Providers and their commission rates is available on request.
5. Charges - payments you may be required to make
We may charge you a one-off fee in the following situations:
No commission: If you request that we provide Services in relation to a product or service and we do not receive a commission. Any such fee would be agreed and authorised by you in writing before we complete the Services.This may arise in the rare event that you request that we provide Services in relation to either a product that is offered by a provider that we do not hold an accreditation with, or a product that is outside our usual arrangements with our Product Providers.
Repayment of commission: If a product or service provider requires that we repay commission within 36 months of settlement of your mortgage. Any such fee would be no more than NZ$1,000 and would be calculated based on a rate of NZ$250 per hour of the Adviser’s time spent providing Services to you in connection with the applicable mortgage. This may arise in very limited circumstances, such as if you have repaid a loan in full within 36 months.
Cancellation/disengagement of services: If you, after acceptance of our terms of engagement, elect to disengage with our services after we have commenced work, or alter your original proposition to a degree we are no longer able to assist, then a fee will apply. Any such fee would be no more than NZ$750 and would be calculated based on a rate of NZ$250 per hour of the Adviser’s time spent providing Services to you in connection with the applicable proposal. This does not apply in the event of lender declining your proposal. This may arise in a circumstance such as you approaching a bank or another mortgage advisor directly for lending assistance after engaging our services.
If applicable, you agree to pay the fees set out above, within 14 days of receipt of a valid invoice from us.
6. Your obligations
You acknowledge and agree that we and your Adviser will rely on the information you provide and will not necessarily take steps to verify that information. You undertake that:
all information that you provide will be accurate, complete and not misleading;
you will provide us with all information which may be relevant to the Services provided to you, including information which may be relevant to a product provider in deciding whether or not to enter into an agreement with you in respect of a product or service, even if we do not specifically request such information; and
you will update any information that you provide where there has been a change to such information.
7. Conflicts of Interest
If, in the course of providing the Services, we identify circumstances that could cause us or the Adviser to have a conflict of interest, we will evaluate the potential conflict and, depending on the circumstances, apply appropriate safeguards to manage it. You acknowledge that we may need to terminate this engagement if we are unable to resolve or manage a conflict of interest satisfactorily.
These Terms are entered into between us, the Company, and you, the Client only.
You acknowledge that neither the Adviser nor any sub-advisers are party to these Terms, and that the Services are provided to you on behalf of the Company.
To the extent permitted by law the Company’s liability is limited to an obligation to re-perform any Services that do not comply with these Terms or to repay any charges paid by you pursuant to clause 5 above (if applicable). You acknowledge that this limitation of liability is reasonable in light of the fact that, except in the limited circumstances set out in clause 5 above, we do not charge you any fee for the Services.
To the extent permitted by law, you agree that the Adviser and any sub-advisers do not bear any personal liability in relation to any Services you receive or loss you suffer in connection with those Services.
You acknowledge that NZFSG does not:
stand behind or vouch for any advice or other Services you receive from us; nor
bear any liability, whatsoever, for the Services.
Either party may terminate this engagement at any time by providing written notice to the other party. Please note this may invoke a fee as outlined in Section 5c above.
10. Collection of personal information and Client confidentiality
Unless expressly stated otherwise, neither we, the Company, nor the Adviser, or any sub-adviser, is an agent, employee, partner or joint venture partner of, nor acts on behalf of, NZFSG or any Product Providers nor of any other providers of any products or services (together, the Providers). Neither we the Company, nor the Adviser, or any sub-adviser, is authorised to act on behalf of or bind NZFSG or any Provider to any agreement or arrangement with you.
We may employ or contract sub-advisors for the purposes of assisting with the provision of the Services to you.
These Terms, together with the documents referred to in these Terms, constitute the entire agreement of the parties concerning the subject matter of these Terms, and supersede and cancel any previous representations, agreements, understandings or arrangements (whether written or oral) between the parties.
Unless otherwise agreed with you, we may communicate with you at times by electronic means. These communications can be subject to interference or interception or contain viruses or other defects (corruption). We do not accept responsibility and will not be liable for any damage or loss caused in connection with the corruption of an electronic communication. If you have any doubts about the authenticity of any communication or document purportedly sent by us, please contact us immediately.
These Terms are governed by New Zealand law and are subject to the exclusive jurisdiction of the New Zealand courts.
You may not transfer or assign your rights or obligations under these Terms.
We may update these Terms upon 30 days’ prior written notice to you. By continuing to engage us you will be deemed to have accepted the updated Terms.
Adviser means the Adviser identified in Section 1 above.
Company means the Company identified in Section 1 above.
Product Providers means the product providers listed in section 2 above, as updated by us from time to time upon notice to you.
Services the advice and transactional services provided by the Advisor, or sub-advisors, acting through the Company, pursuant to these Terms.
Termsmeans these terms of engagement, as amended from time to time.
We, our or us means the Company. Where the context requires, it includes the Adviser acting through the Company for the purposes of performing the Services.
You means the Client (and, where there is more than one Client, includes all Clients).
If you have any comments or questions about these Terms or any related matters, please contact us. We welcome your feedback.