The whole idea behind PPS Guru is to provide you with fast, economic and reliable advice. We do this by rethinking the way we deliver service.
In the first instance you tell us about your problem or issue. You can do this by completing and submitting the form on this website, or by sending an email to kim.powell@ppsadvantage.com
We will review what you have sent us and then telephone you to:
Clarify any matters which are unclear
Request any further documentation we may need in order to provide you with advice
Schedule a time for the telephone/video consultation
Take a credit card payment to cover the instruction fee
It is your choice as to whether we have a video or telephone based consultation. Either way, it will be recorded so that you have a permanent record of advice given. It would be extremely unusual for the consultation to take more than 20 minutes and we normally have a complete resolution of your problem within that time.
At the end of the consultation we:
Make a recording of the consultation available to you for download
Take a credit card payment to cover the consultation
Send you a receipted invoice for your records
Our current fees are $75.00 for taking the initial instruction and $50.00 for every 10 minutes of consultation or part thereof. Since most consultations take no more than 20 minutes, your total fee would not normally be more that $175 for a service that could save you thousands of dollars.
Should you require a written report we can provide this for an additional fee, which varies according to the complexity and likely length of the report. We can provide a fixed price quote during our consultation
If as part of the solution you need to create and register financing statements on the PPSR we can provide a registration service for you. A single financing statement with no individually specified collateral items will be a fixed fee of $50.00. Complex financing statements or a large number of financing statements will be specifically quoted.
The solution my involve (for example) negotiating with a receiver to recover assets or with a competing creditor to execute a deed of priority in your favour. We can negotiate on your behalf for an hourly fee.
We are experts in the commercial application of the Personal Property Securities Act (PPSA) and associated legislation and in the registration and maintenance of financing statements on the Personal Property Securities Register (PPSR).
This defines the scope of our advice. In particular we should make clear we are not lawyers and are consequently prohibited from giving legal advice. If during the course of our consultation we are of the professional opinion that we are in danger of crossing the boundary, we will advise you of this and recommend you take appropriate legal advice.
It is your responsibility to take that advice and we cannot be held liable for the consequences.
Parties These terms and conditions govern the relationship between PPS Advantage Ltd (We/Our) and its contracted Customer (Customer/You)
Services to be provided The services to be provided are described in the "Full Service Description for PPS Guru Online", published on our website and taken together with these terms and conditions form our Agreement
Service delivery The Services will be performed with due care and skill and by appropriately qualified and trained personnel.
Invoicing and payment
We will provide a receipted invoice within 1 business day of payment, in the form of a valid tax invoice
You will pay the instruction fee by credit card when we accept the instruction
You will pay the consultation fee on completion of the consultation
Payment terms for additional services ("Extras") will be discussed and agreed on a case by case basis
Liability and Exclusions
The service is not legal advice We are entitled to rely on the information you provide to us without further enquiry when assessing your query and providing recommendations. It is your sole decision whether to follow these recommendations and we will not be liable for any action or inaction taken from the recommendations. The recommendations are not legal advice and the Customer should seek independent legal advice where appropriate
Cap on PPS Advantage's liability To the extent permitted by law our total combined liability to the Customer in respect of claims for all loss or damage suffered or incurred by the Customer arising out or in connection with this Agreement, whether in contract, tort (including negligence) at law or otherwise, shall be equal to the total amount of fees for the Services (less any statutory and/or government charges) that are the subject of any claim for such loss or damage paid in the 12 months immediately preceding the act or omission alleged to have caused the loss or damage.
Use and disclosure of Confidential Information Each party must keep the other party’s Confidential Information confidential and must not use or reproduce any of the other party’s Confidential Information otherwise than in performing or providing the Services;
7 General
7.1 Notices
All notices must be in writing (including electronic form) and sent to the address or email address commonly used by the parties for correspondence.
7.2 Entire Agreement
This Agreement constitutes the entire agreement between the Customer and PPS Advantage Ltd regarding the provision of the Services and supersedes and cancels any previous agreement, understanding and arrangement relating to that subject matter whether written or oral.
6.3 Governing law
This Agreement is governed by the laws of New Zealand. The parties each submit to the non-exclusive jurisdiction of the courts of New Zealand.
6.4 Formation of Agreement
This Agreement is formed when the Customer pays the instruction fee.
6.5 Assignment
Neither party may assign or novate any of its rights or obligations under this Agreement without the prior written consent of the other party, which will not be unreasonably withheld.
6.6 No partnerships
Nothing contained or implied in this Agreement constitutes a party is the partner, agent, or legal representative of the other party for any purpose or creates any partnership, agency or trust, and no party has any authority to bind another party in any way.
6.7 Severability
If any clause or part of any clause is held by a court to be invalid or unenforceable, that clause or part of a clause is to be regarded as having been deleted from this Agreement, and this Agreement otherwise remain in full force and effect.
6.8 Variations and Waiver
This Agreement may only be varied by written agreement between the parties. A waiver of a breach of the Agreement does not waive any other breach.