These terms of engagement outline the agreement between you and (FDSS) Family Dispute Support Services. Family Dispute Support Services (referred to as either “the organisation”, “We”, “Us”, “FDSS” or “Our” in this Agreement). This TOE agreement is not intended as an agreement between the client “you” and any individuals employees or volunteers of FDSS.

Please check the box of each clause to confirm your agreement. Feel free to contact your coach if you need any further clarifications.

This agreement – 

The agreement explains the terms of your engagement with Family Dispute Support Services (“FDSS”) such as during; phone, text messages or video calls, workshops, online knowledge base, written and verbal communications with FDSS coaches, McKenzie Friends and Volunteers through emails, chat, Phone or video calls or in-person. Agreeing to these terms, means that you are accepting FDSS terms of engagement. Completing and submitting this agreement online is mandatory before receiving using any of DIY Family Separation services.

1. Our Services

(FDSS) coaches, McKenzie friends, Volunteers and their associates are not lawyers.

1. We can provide you with Legal and procedural information NOT legal advice. We can support and guide you on your case whether you are self-represented or represented by a lawyer. We will provide you with the legal information , explain it for you, point out at the public prescribed forms and templates and related legislation and it is up to you to decide whether you want to apply it in your case
2. We can also review but not revise your completed forms or documents, if required.
3. We will try to help you and support you through the process as much as we can. We cannot speak or settle on your behalf.
4. We can communicate with other parties on your behalf with your consent
5. We cannot make decisions on your behalf – however we can assist you along with your decision-making process.

2. Services we provide you

FDSS agrees to provide the following services to the Client:

1. Ongoing coaching and support services over Audio and Video or in writing or in-person , if possible.
2. Timeline: The engagement shall commence on the date the first payment will be received and continue on the completion or termination as per the provisions of this Agreement.

3. Responsibilities and Obligations:

a) Client Responsibilities: The Client shall cooperate with FDSS, provide necessary information and access to relevant resources, and promptly respond to requests for feedback or approvals.

b) FDSS Responsibilities: FDSS shall utilize their expertise, skills, and best efforts to deliver the services in a timely and professional manner.

4. Fees and Payment Terms:

a) Compensation: The Client agrees to pay FDSS the agreed-upon fees for the services provided.

b) Invoicing and Payment: The client can ask for an invoice or receipt of payment every month, quarterly, yearly, if required. Payment shall be made according within the time/dates to the agreed provisions of this agreement. c. FDSS has the right to cease the service immediately if the account payment is overdue more than 1 month

5. Limitations associated with the coaching and support services *

(FDSS) coaches cannot provide legal advice or represent you in court. We cannot pay legal fees or other expenses for you. We cannot make decisions on your behalf nor able to speak on your behalf, only by your consent or if the court ask us to do so.

6. Disclaimer *

a) The information contained in this site or by any of the correspondence communicated to you by our support persons or McKenzie friends and coaches using the coaching and support services or during our workshops or any documents provided are intended for informational purposes only, and should not be construed as legal advice on any subject matter.

b) We accept no responsibility for the consequences of taking any information as an advice. None of FDSS support persons, McKenzie Friends, coaches or any of their associate could be liable for damage or financial loss independently caused. Also FDSS and their associates are not liable for any financial loss of dismissed court applications or costs orders/awards arising from any information provided through any correspondences.

c) FDSS or any of its employees or volunteers are not liable for any loss or dismissed court applications or costs awards or contribution orders arising from any information provided to you through any verbal or written correspondences.

7. Coaches Availability *

FDSS is a not-for-profit community organisation and a registered charitable trust. We are in the process of seeking funding to reach out for more families who are in need of support and help.

Our coaches are volunteers have their own full/part time jobs and have children of their own, so they are only available at certain times. We will look at any correspondence during the normal business hours so if you do not hear back from us outside these times, please be patient as we will get to your email.

The family court processes are usually very slow and often does not require an immediate response., However if an urgent matter arises, then we will try and act on it as quick as we can. We will do our best to respond efficiently. Best way is to contact your coach by text message.

8. Confidentiality

a) Non-Disclosure: Both Parties agree to maintain strict confidentiality regarding any confidential information shared during the course of the engagement.

b) Exceptions: Confidentiality obligations shall not apply to information that is publicly available or becomes known independently without a breach of this Agreement such as anonymous testimonials.

9. PRIVACY POLICY

Privacy is Important to Us! – We are committed to maintaining the privacy of all personal information entrusted to us and continually implement practices to protect the privacy of your information.

a) We will not share any of your personal information with any third external party without obtaining your consent.

b) Your private personal information and data are dealt with in accordance to New Zealand Laws and our privacy policy at https://www.fdss.org.nz/privacy-policy/

c) In the event this agreement is terminated – FDSS is not obliged to transfer your personal data and information to any parties. FDSS is able to provide you with a copy of your digital information and data that you shared with us by email or through the secure cloud storage. You have the right to ask us in writing at any time to discard / destroy any of your personal data or information from our cloud storage or emails and the database (process time up to 10 working days).

10. Termination

a) Termination for Convenience: Either Party may terminate this Agreement for any reason by a written notice to the other Party.

b) Termination for Cause: Either Party may terminate this Agreement immediately in the event of a material breach by the other Party.

11. Governing Law and Jurisdiction:

This Agreement shall be governed by and construed in accordance with New Zealand Laws and regulations.

Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the tribunals / courts of New Zealand.

12. Entire Agreement:

This Agreement constitutes the entire understanding between the Parties and supersedes all prior discussions, negotiations, or agreements, whether written or oral, relating to the subject matter herein.

13. Disclaimer of Liability:

a) The information provided in any form, including but not limited to written documents, emails, or verbal communication or recorded video or tutorials, is intended for general informational purposes only. We make no representations or warranties of any kind, expressed or implied, about the accuracy, completeness, reliability, or suitability of the information provided. By using or relying on this information, you agree that we shall not be held liable for any loss, damage, or injury arising out of or in connection with the use of this information.

b) Not Legal Advice: The information provided does not constitute legal advice, and no lawyer-client relationship is formed by virtue of its provision. The content of this information should not be considered a substitute for legal advice from a qualified professional. Legal matters are complex and subject to varying interpretations, and you should seek appropriate legal counsel to address your specific situation, if you wish to do so. 

c) No Reliance: You should not rely on the information provided as the sole basis for making decisions or taking actions. if you are unsure, we strongly recommend conducting independent research and consulting with qualified professionals before making any decisions or taking any action based on the information provided.

d) No Endorsement: Reference to any specific product, service, or organization does not constitute an endorsement or recommendation. We do not assume any responsibility or liability for the actions, products, services, or content of any third parties mentioned or linked to in the information provided.

e) Non-Transferability: This disclaimer of liability and not legal advice declaration is non-transferable. It applies solely to the recipient named herein and may not be assigned, transferred, or conveyed to any other party without our prior written consent.

f) Governing Law: This disclaimer shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of laws principles. If you do not agree with any part of this disclaimer, please refrain from using the information provided and notify us immediately. By using or relying on the information provided, you acknowledge that you have read, understood, and agreed to the terms and conditions outlined in this disclaimer.

g) All FDSS services offered cannot be considered as a replacement of any services offered by a lawyer or counselor or psychologist or services offered by the Ministry of Justice or the Family Court.

14. Service Subscription Fees *

I am aware that there are associated subscription/membership fees with the DIY-Family Separation Service and that the Subscription fees of this service is based on the complexity of the case, which can be paid weekly, fortnightly, monthly or annually.

The amount of subscription fee in my case was provided by FDSS through email, after/ my first or second telephone consultation. In the event the service is terminated by either party – the subscription fees paid are not refundable.

In the event, any of the parties wishes to cancel the recurring subscription / membership fees. They need to do this in writing.