Terms and Conditions of Use
These Terms and Conditions ("Terms") govern (a) your access to and use of the website at EmployeeFirst.NZ, including related domains and subdomains (the "Website"), and (b) where you engage Employee First NZ ("Company," "we," "us," or "our") as a client, the provision of our Services, together with your Engagement Letter. By accessing the Website, you agree to the Website-related provisions of these Terms and our Privacy Policy. The Services-related provisions (including clauses 4, 5, 15, 16, 20, and 21) apply only once you have engaged the Company by signing an Engagement Letter or otherwise confirming engagement in writing. If there is any inconsistency between these Terms and your Engagement Letter, the Engagement Letter prevails. If you do not agree to these Terms, you must not use the Website or engage our Services.
1. Purpose
These Terms establish the legal framework for the use of the Website and the provision of our Services, including employment relations advisory services, advocacy, mediation support, dispute resolution assistance, and educational resources, whether accessed through the Website or in person.
2. Definitions
In these Terms, unless the context otherwise requires:
Attribution Period means the period of six (6) months following the end of an engagement (however it ends). Any Settlement Amount received from, or Successful Outcome reached with, the Employer within the Attribution Period in relation to the Matter is deemed to result from the Company's Services, unless the Client demonstrates that the outcome was unrelated to the Services provided.
Client, You, or Your means the individual or entity accessing the Website or engaging our Services. A person engaging the Company on behalf of another must disclose this at engagement and warrants that they have authority to do so.
Company, We, Us, or Our means Employee First NZ.
Employer means the Client's employer (or former or prospective employer) that is the counterparty to the Matter, including its insurer or agent.
Engagement Letter means the letter or written agreement confirming the Company's engagement for a Matter, including its scope and any Matter-specific fee arrangements.
Loss means loss, damage, liability, or cost, including reasonable legal costs.
Matter means the employment issue or dispute described in the Engagement Letter.
Personal Information means information about an identifiable, living person, as defined under the Privacy Act 2020.
Services means the services provided by the Company under an Engagement Letter, including employment relations advice, advocacy, mediation support, dispute resolution assistance, and educational resources, whether delivered via the Website or in person.
Settlement Amount means the total monetary value payable to the Client by the Employer in connection with the Matter, including compensation, reimbursement of lost wages or other losses, ex gratia payments, and any contribution to costs, but excluding statutory entitlements already owed to the Client regardless of the Matter (such as unpaid final wages or holiday pay owed by law), unless recovery of those entitlements is itself the subject of the Services.
Successful Outcome means any of the following achieved during the engagement or within the Attribution Period, in connection with the Matter: (a) the Client receiving a Settlement Amount; (b) where dismissal or other disciplinary action has been proposed in writing, notified at or in connection with a disciplinary meeting, or expressly stated by the Employer to be under consideration: the withdrawal or non-imposition of that action, or its substitution with a materially lesser sanction; (c) the Client's continued employment on agreed terms where dismissal was proposed or reasonably in prospect at the time the Company was engaged; or (d) any other outcome expressly agreed in writing between the Client and the Company as constituting a Successful Outcome.
Underlying System means any network, system, software, data, or material that underlies or is connected to the Website.
Website means EmployeeFirst.NZ, including all related domains and subdomains.
The term including and similar words do not imply any limitation.
3. Scope of Services
The Company provides Services to employees in New Zealand, including employment relations advice, employment advocacy, representation and assistance in negotiations, mediations, and alternative dispute resolution, and related services as described in the Engagement Letter. The Company's representatives are employment advocates and are not necessarily lawyers; the Services do not constitute legal advice by a lawyer, and nothing in these Terms creates a lawyer–client relationship. The scope of Services for any Matter is as set out in the Engagement Letter; work outside that scope requires written agreement.
4. Fees and Payment
4.1 Contingency Fees (Negotiation and Mediation)
No fee is charged unless a Successful Outcome is achieved. Upon a Successful Outcome involving a Settlement Amount, the Company's fee is:
(a) NZ$4,500 plus GST, where the Settlement Amount is NZ$15,000 or more; or (b) 30% of the Settlement Amount plus GST, where the Settlement Amount is less than NZ$15,000, so that the fee never exceeds NZ$4,500 plus GST and never exceeds 30% of the Settlement Amount. This fee is inclusive of routine disbursements. Non-routine disbursements (such as agreed expert or interpreter costs) will be notified and agreed in writing before they are incurred and are payable in addition.
The Company will endeavour to negotiate payment of its fee by the Employer as part of any settlement. If the Employer does not pay the fee, the fee remains payable by the Client from the Settlement Amount under clause 4.4.
4.2 Non-Monetary Successful Outcomes
Where a Successful Outcome under paragraphs (b), (c), or (d) of that definition is achieved without a Settlement Amount, the Company's fee is a fixed fee of NZ$3,500 plus GST (or such other amount agreed in the Engagement Letter, having regard to the complexity of the Matter), payable by the Client within fourteen (14) days of the outcome, unless the Employer agrees to pay it. The Company will identify in the Engagement Letter whether the Matter is one to which this clause is likely to apply.
4.3 Employment Relations Authority and Employment Court
The contingency fee structure in clause 4.1 applies only to outcomes achieved through negotiation or mediation. If the Matter proceeds to the Employment Relations Authority or the Employment Court:
(a) the Company will provide a written cost estimate and fee basis for that stage, which must be agreed in writing before the work begins; (b) if the Client does not wish to proceed on those terms, either Party may end the engagement, and the Company's fee for work already done will be calculated under clause 20.2, capped at NZ$4,500 plus GST; and (c) any contingency fee that later becomes payable will be credited against fees paid or payable for Authority or Court work on the same Matter, so the Client is not charged twice for the same outcome.
4.4 Payment of Settlement Amounts
The Client irrevocably authorises and directs that any Settlement Amount be paid either (a) through the Company's nominated account for disbursement to the Client after deduction of the Company's fee, or (b) directly to the Client with the Company's fee paid at source by the Employer under the settlement terms. The Client agrees that settlement documentation may record this authority. If, despite this clause, the Client receives the Settlement Amount directly, the Company's fee is payable within seven (7) days of receipt.
4.5 Fee Changes
The Company may update its standard rates and fees from time to time by publishing updated Terms. Changes will not apply to a Matter already underway except with the Client's written agreement. The fee cap, contingency percentage, and hourly rate applying to an engagement are those stated at the date of the Engagement Letter, unless varied in writing by both Parties.
5. Invoices and Overdue Accounts
Unless instalment arrangements are agreed, invoices are due within fourteen (14) calendar days of issue. Overdue balances may incur interest at 1.5% per month on the outstanding amount. If an unpaid invoice is referred to a debt collection agency, the Client is responsible for the reasonable costs of collection actually incurred. If the Client disputes an invoice in good faith and notifies the Company within the payment period, interest will not accrue on the disputed portion while the dispute is being resolved under clause 23.
6. Service Area
The Company, based in Auckland, provides Services nationwide, including attendance (in person or remotely) at mediations and Employment Relations Authority investigations throughout New Zealand.
7. Data Collection and Use
7.1 Personal Information
You may browse the public areas of the Website without providing Personal Information. To engage our Services, you will need to provide Personal Information (such as your name, contact details, and employment-related information); without it, the Company cannot provide representation or tailored advice. All Personal Information is handled in accordance with the Privacy Act 2020 and our Privacy Policy.
7.2 IP Addresses and Usage Data
We may collect IP addresses and usage data (e.g., pages visited, time spent on the Website, and chatbot interactions) to analyse user behaviour, enhance Services, and improve Website functionality. Such data may be anonymised and aggregated for analytical purposes.
7.3 Cookies and Trackers
The Website employs cookies and tracking technologies, including third-party services like Google Analytics, as outlined in our Privacy Policy. You may adjust cookie settings via your browser, though this may impact Website functionality.
7.4 Data Protection and Confidentiality
The Company will keep Client information confidential and safeguard Personal Information, disclosing it only as needed to provide the Services, with your consent, or as required by law. This obligation survives the end of the engagement. Refer to our Privacy Policy for details on data collection, use, storage, and protection.
8. Chatbot Disclaimer
The Company may use a chatbot on the Website to provide general information. You acknowledge and agree that:
The chatbot may provide inaccurate or incomplete information due to technical limitations or errors;
Chatbot information is general in nature and does not constitute legal advice or advice on your specific circumstances;
You should not rely on chatbot information for legal or employment-related decisions and should seek advice from the Company or qualified legal counsel; and
The Company is not liable for Loss arising from reliance on chatbot information, except to the extent liability cannot be excluded by law.
Where the Company's representatives use technology tools (including any artificial intelligence tools) in delivering the Services, they do so in accordance with applicable professional guidance, including the Courts of New Zealand guidelines on the use of generative AI, and remain responsible for reviewing all work provided to clients.
9. Prohibited Actions
You must not:
Act in a way, or introduce anything (e.g., virus, worm, Trojan horse, spyware), that compromises or may compromise the Website or any Underlying System; or
Access the Website via methods other than standard web browsers (e.g., scraping, data mining, or automation) without our prior written consent.
10. External Links
The Website may include links to third-party websites or resources for convenience. The Company does not endorse, control, or assume responsibility for the content, accuracy, or privacy practices of these external sites. Accessing such links is at your own risk.
11. Third-Party Services
The Company may use third-party services (e.g., chatbot platforms or analytics tools) to deliver or enhance its Services. Those services are governed by their own terms and privacy policies, and the Company is not liable for their performance, availability, or data handling practices, except to the extent liability cannot be excluded by law.
12. Intellectual Property
12.1 Ownership
The Company retains all proprietary and intellectual property rights in the Website and Services, including all content (e.g., text, graphics, logos, images) and the Employee First NZ name and logo, except where licensed. These Terms grant you a limited, non-transferable, revocable licence to access and use the Website and Services for their intended purpose. Documents prepared for the Client in a Matter may be used by the Client for the purposes of that Matter.
12.2 Restrictions
You must not reproduce, modify, distribute, or otherwise use content from the Website without our prior written consent, except as permitted by law.
13. Submissions and Testimonials
By submitting reviews, comments, testimonials, or tags ("Submissions") on any platform, you grant the Company a non-exclusive, royalty-free licence to use, reproduce, and display those Submissions for reasonable business purposes, including marketing. However, the Company will not use your name, image, or any information identifying you as a client in its marketing without your separate express consent, which you may withdraw at any time for future use. Given the sensitive nature of employment disputes, the Company will on request remove or anonymise any Submission it controls.
14. Age Requirements
You must be at least 18 years old to engage the Services in your own right. If you are under 18, a parent or legal guardian must sign the Engagement Letter on your behalf and, by doing so, agrees to these Terms and guarantees payment of any fees properly payable under them.
15. Client Obligations
You agree to:
(a) provide full, accurate, and truthful information relevant to the Matter, and promptly notify the Company of any material change; (b) respond to the Company's reasonable communications within five (5) working days; (c) attend meetings, mediations, and other scheduled steps in the Matter, or give reasonable notice if unable to attend; (d) not negotiate or settle directly with the Employer in relation to the Matter while the engagement is in force, and promptly notify the Company of any approach by the Employer; (e) notify the Company before departing New Zealand for more than fourteen (14) days, and of any change to your visa or immigration status relevant to the Matter; (f) follow the Company's reasonable advice on the conduct of the Matter, or discuss any disagreement with the Company before acting; (g) comply with all applicable laws; and (h) not use the Website or Services in a way that may damage, disable, or impair the Website, any Underlying System, or the Company's reputation.
A material breach of this clause that prejudices the Matter may be treated by the Company as termination of the engagement by the Client under clause 20.2.
16. Recommended Settlement Offers
If the Company recommends in writing that the Client accept a settlement offer and the Client declines, and the Matter later concludes without the Client achieving a better outcome, the Company's fee is payable as if the recommended offer had been accepted (calculated on the offer amount under clause 4.1, or under clause 4.2 for non-monetary offers). This clause does not apply where the Client's decision to decline was reasonable in the circumstances and made after discussion with the Company.
17. Indemnification
You indemnify the Company against Loss suffered or incurred as a direct result of your material breach of these Terms, including the provision of materially false or incomplete information, except to the extent the Loss is caused or contributed to by the Company.
18. Amendments to Terms
The Company may amend these Terms by updating them on the Website. Amendments apply prospectively from the date of publication. For Clients with a Matter underway, amendments do not apply to that engagement except with the Client's written agreement (and clause 4.5 applies to fees). These Terms were last updated on [date].
19. Website and Service Content Accuracy
The Company strives to ensure the accuracy and currency of Website content and updates it regularly. However, general content may occasionally be inaccurate or outdated, and the Company may modify it at any time, including to reflect legislative changes. Website content is general information only and is not advice on your specific circumstances.
20. Termination
20.1 By the Company
The Company may terminate an engagement by written notice if:
(a) you materially breach your obligations under these Terms or the Engagement Letter; (b) the Company reasonably concludes, and explains to you, that the Matter no longer has reasonable prospects; (c) a conflict of interest arises (see clause 22); or (d) the relationship of trust and confidence has broken down, or continued representation would be unethical or impractical.
If the Company terminates under (a), fees for work done are payable as under clause 20.2. If the Company terminates under (b), (c), or (d), no fee is payable unless a Successful Outcome occurs within the Attribution Period.
20.2 By the Client
You may end an engagement at any time by written notice. If you end the engagement after the Company has commenced work, and no Successful Outcome has been achieved at that time, you will be liable for fees for Services actually rendered, calculated at the Company's standard hourly rate of NZ$300 per hour plus GST, supported by an itemised record of time and work done, and capped at NZ$4,500 plus GST. A minimum fee of NZ$450 plus GST applies where substantive work (such as case assessment or correspondence with the Employer) has been completed. The invoice is payable within fourteen (14) days. The Company may retain its file and work product until fees due under this clause are paid, to the extent permitted by law. The Attribution Period continues to apply after termination.
20.3 Effect of Termination
Upon termination of Website access or an engagement, you must cease using the Website and Services as directed and pay any outstanding fees within fourteen (14) calendar days. Clauses intended to survive termination (including clauses 2, 4.4, 7.4, 12, 13, 16, 17, 20, 23, 24, and 30, and the Attribution Period) continue in force.
21. Clients Departing New Zealand
If you depart New Zealand before the Matter concludes:
(a) the Company will, where practicable, offer to continue the Matter remotely (personal grievances may be pursued from overseas, and mediation and Authority processes can often be conducted remotely), on the existing fee terms; (b) if you instead abandon the Matter, that is treated as termination by you under clause 20.2; and (c) if your departure is compelled by immigration requirements resulting from the Employer's actions in the Matter, and you do not wish to continue remotely, the fee under clause 20.2 is reduced by half.
Where your visa status creates a material risk that the Matter cannot be completed, the Company may require a deposit of up to NZ$500 plus GST at engagement, credited in full against any fee payable and refunded if no fee becomes payable.
22. Conflicts of Interest
The Company will not act for you if a conflict of interest exists. If a conflict arises during an engagement, the Company will notify you promptly and may cease acting under clause 20.1(c).
23. Complaints and Dispute Resolution
If you have a concern or complaint about the Services or a fee, please contact the Company at advice@employeefirst.nz. The Company will acknowledge your complaint and respond within ten (10) working days. If the matter remains unresolved, the Parties will attempt to resolve it through good-faith negotiation and, if either Party requests, mediation through a recognised provider such as the New Zealand Dispute Resolution Centre, before commencing any proceeding (except urgent debt recovery or injunctive steps, which either Party may pursue at any time). If mediation is unsuccessful, disputes may be referred to the appropriate New Zealand courts or tribunals.
24. Limitation of Liability
24.1 General
The Company will provide the Services with reasonable care and skill but does not guarantee any particular outcome in a Matter. To the maximum extent permitted by law, the Company is not liable for indirect or consequential loss, including loss of profits, savings, revenue, or data.
24.2 Cap
To the maximum extent permitted by law, the Company's total liability to you in connection with the Website or the Services is limited to the greater of (a) the fees paid or payable by you for the Matter giving rise to the claim, and (b) NZ$151 incl. GST.
24.3 Statutory Rights
Nothing in these Terms limits rights you have under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or other law that cannot be excluded or limited by agreement.
25. Notices
Notices to you may be delivered by:
Email to your provided address, effective upon sending, provided no bounce-back or error notification is received; or
Certified mail with tracking to your postal address on file, effective two (2) working days after posting.
Notices to the Company must be sent by email to privacy@employeefirst.nz, effective upon sending, provided no bounce-back or error notification is received. You must keep your contact details current with the Company for the duration of any engagement; a notice sent to your last provided details is validly given.
26. Severability and No Waiver
If any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable or, if modification is not possible, severed, and the remaining provisions remain in force. A failure to enforce any right does not constitute a waiver unless expressly stated in writing by an authorised representative of the waiving Party.
27. Transfers and Assignments
You may not transfer or assign your rights or obligations under these Terms without the Company's prior written consent, which will not be unreasonably withheld.
28. Force Majeure
Neither Party is liable for delays or failures in performance (other than payment obligations already accrued) caused by events beyond its reasonable control, including natural disasters, cyber-attacks, terrorism, civil unrest, epidemics, pandemics, labour disputes, telecommunications failures, or power outages.
29. Headings
Headings are for convenience and reference only and do not limit or define the scope or intent of any provision.
30. Entire Agreement and Governing Law
These Terms, together with the Privacy Policy and, for engaged Clients, the Engagement Letter, constitute the entire agreement between the Parties regarding the Website and Services, superseding all prior agreements, representations, or understandings, whether written or oral, including marketing materials. In the event of inconsistency, the Engagement Letter prevails over these Terms, and these Terms prevail over the Privacy Policy on matters other than privacy. These Terms are governed by New Zealand law, and the New Zealand courts and tribunals have jurisdiction.