Terms and Conditions
First Call™ Resolution
Terms and Conditions
This page describes the terms and conditions that First Call™ Resolution uses when providing resolution and mediation services to clients. If you engage our services, these terms and conditions will form part of the contract.
‘First Call™ Resolution is the company and will be referred to as ‘we’, ‘our’, ‘us’ as appropriate.
‘affiliates’ refers to First Call™ Resolution Affiliates, resolution facilitators, agents, contractors, mediators, counsellors and conflict coaches that provide our services
‘you’ refers to a party instructing First Call™ Resolution to provide a service
- We require payment of fees in advance of delivery of each stage of our services.
- All fees for the First Call™ Resolution Scoping consultations need to be received not less than two working days before the consultation date.
- For all other First Call™ Resolution services full details of invoicing will be provided in the Letter of Appointment or Agreement to Mediate.
- Payment of fees can be made by direct debit or by credit card.
- If you cancel less than 24 hours before a First Call™ Resolution Scoping consultation, the full agreed fee will be payable. If you cancel before then, a $40 (gst exclusive) administrative fee will apply.
- For all other First Call™ Resolution services full details of our cancellation policy will be provided in the Letter of Appointment or Agreement to Mediate.
- We need to collect personal data to provide our service to you, including our invoicing and other internal processes. You must make sure that all data supplied is complete and accurate.
- The data we collect includes names, addresses, contact information such as phone numbers and email contacts and personal details such as age, gender, ethnicity which form part of the subject of the dispute or conflict.
If you do not provide phone contact information, we will not be able to call you to schedule a consultation.
- Under Privacy Act you have the right to access your personal information and have it updated or corrected.
- We will not disclose your personal information outside of First Call™ Resolution services except if by agreement other support services need to be engaged with as part of the resolution process, if we need to do so to safeguard a child or vulnerable adult, to prevent a crime from occurring or to otherwise comply with a legal requirement.
- We will keep your data only for as long as is needed to provide the service. Where we need to keep a smaller amount of data as part of our invoicing and accounts systems, we will keep this only for as long as we have to for complying with requirements.
- Personal data is held electronically on computer systems protected by passwords and by anti-virus software. Electronic backups are also password protected. Personal data is also held in paper form in locked files.
- When we no longer need to hold your personal data, it will be securely destroyed.
- No data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information, including personal data in any email, document or form, which you transmit to us is transmitted at your own risk.
- You may not use our website, or any of its content, to access, defame, stalk or harass others or interfere with any computer system or data (whether by hacking, introducing viruses or other means) other than accessing services as intended by us.
- Our website may contain links to third party websites. Those websites are not under our control, and so we are not responsible for the content or the links contained in those websites.
Confidentiality, Indemnities and Limits of Liabilities
- In making an enquiry to First Call™ Resolution, you agree not to call First Call™ Resolution and affiliates as a witness or to produce any document in any subsequent adjudication, arbitration or judicial or tribunal proceedings arising out of the same matter.
- Further, in relation to mediations, in requesting First Call™ Resolution to mediate, which role includes making initial contact with the other party to ascertain whether she/he is willing to attend a mediation information and assessment meeting, you agree not to call the mediator as a witness in relation to any conversation, correspondence or other contact between the mediator and you or any other person.
- All that occurs during the resolution or mediation process shall be confidential and may not be recorded, and shall not be revealed in any subsequent legal proceedings or otherwise.
- All parties agree not to institute any action based on the mediation or to subpoena the mediator or First Call™ Resolution to testify or produce any records. If any party does so, they agree to indemnify and hold the First Call™ Resolution and affiliates harmless for any liability, expense and cost, including attorneys’ fees, incurred by First Call™ Resolution and affiliates as a result of such action.
- First Call™ Resolution relies entirely on the information, documents, and other material provided by other service providers and is not under any duty to investigate or validate the authenticity, completeness and accuracy of any such information.
- First Call™ Resolution and affiliates do not accept any responsibility or liability for any dissatisfaction with any service provided, whether in relation to stated or assumed qualifications, skills, expertise, experience, performance of services, fees charged, outcomes or any other matter without limitation.
- First Call™ Resolution and affiliates do not assume any liability to anyone for any loss or damage caused directly or indirectly by any error or omission in connection with the website or its services.
- First Call™ Resolution and affiliates cannot and do not provide legal advice about any dispute or any other matter raised by you in any way.
- You agree that by accessing any information provided by First Call™ Resolution affiliates for any purpose whatsoever you expressly acknowledge and agree that you do so exclusively in reliance on your own skill and judgement.
- No statements or comments whether written or oral, made by First Call™ Resolution and affiliates may be relied upon to found or maintain any action for defamation, slander or any related complaint.
- The purpose of these provisions is to provide First Call™ Resolution and affiliates with the widest immunity from liability that the law will allow.
- If you have any concerns about First Call™ Resolution or affiliates, please raise these in the first instant with the First Call™ Resolution affiliate assigned to you.
- If the issue cannot be resolved in this manner, a written complaint can be lodged. It will be helpful if you can provide your name, address and other contact details, a clear description of concerns and details of any suggestions or ideas you may have as to how the problem could be resolved.
- First Call™ Resolution will acknowledge complaintspromptly and a half hour phone or Skype meeting will be scheduled to discuss concerned.
- Complaints will be processed within 28 days of our receipt of the complaint.
- First Call™ Resolution can only deal with complaints about affiliates conduct. We are not able to address complaints about the outcome of conflicts, mediation or agreements reached.
Public Statements and Contact with News Media.
Parties shall not make any public statement concerning First Call™ Resolution or First Call™ Resolution affiliates or resolution proceedings to the news media. All inquiries from the news media or other interested parties shall be directed to the director of the service.
Copyright and Trademarks
- Unless otherwise indicated all proprietary and intellectual property rights in this website including, but not limited to, all material, content, logos, design, audio and video recordings are the exclusive property of First Call™ Resolution and such property is the protected by New Zealand and international copyright and trademark laws.
- You may not use or copy any material on this website without prior written consent.
Acceptance of Terms and Conditions
All users accept and acknowledge that by accessing the First Call™ Resolution website and services you:-
- are deemed to have read and accepted the Terms and Conditions and are bound by them.- agree to use the website and services in a proper, appropriate, professional and lawful manner at all times