Terms and Conditions

Information for Clients

1. Fees: The basis on which fees will be charged is set out in our letter of engagement.

2. Complaints: We maintain a procedure for handling any complaints by clients, designed to ensure that a complaint is dealt with promptly and fairly.

3. Persons Responsible for the Work: The names and status of the person carrying who will have the carriage of or overall responsibility for the services we provide for you are set out in our letter of engagement.

4. Limitations on extent of our Obligations or Liability: Any limitations on the extent of our obligations to you or any limitation or exclusion of liability are set out in our letter of engagement.

Client Care and Service:

Whatever services we provide we will:

• Act completely, in a timely way, and in accordance with instructions received and agreements made.

• Protect and promote your interests and act for you free from compromising influences and loyalties.

• Discuss with you the objectives and how they should best be achieved.

• Provide you with the information about the work to be done, who will do it and the way the services will be provided.

• Charge you a fee that is fair and reasonable and let you know when you will be billed.

• Give you clear information and advice.

• Protect your privacy and ensure appropriate confidentiality.

• Treat you fairly, respectfully and without discrimination.

• Keep you informed about the work being done and advise you when it is completed.

• Let you know how to make a complaint and deal with any complaint promptly and fairly.

Standard Terms for our Work

These Standard Terms for our work ("Terms") apply in respect of all work carried out by us for you, except to the extent that we otherwise agree with you in writing.

1. Services: The services which we are to provide for you are outlined in our letter setting out what work we will be doing for you (our letter of engagement).

2. Fees: the fees which we will charge or the manner in which they will be arrived at, are as set out in our letter of engagement. If the letter of engagement specifies a fixed fee, we will charge this for the work that we have agreed to do for you. You will need to discuss with us what the fee will be if there is any work outside the agreed work to be carried out. We will advice as soon as reasonably practicable if it becomes necessary for us to provide services outside the agreed work and if requested, give you an estimate of the likely amount of further cost.

3. Disbursements and Expenses: In providing services we may incur disbursements of have to make payments to third parties on your behalf. These will be included in our invoice to you. We will require an advance payment for the disbursements or expenses which we will be incurring on your behalf. If disbursements arise during the course of your case that we have not anticipated we will raise these with you. You will be required to pay for these disbursements as our office does not cover the cost of disbursements.

4. GST: is payable by you on our fees and charges.

5. Invoices: We will send interim invoices to you as necessary but usually on completion of the matter or on ending our work. We may also send you an invoice when we incur a significant expense.

6. Payment: Invoices are payable within 28 days of the date of the invoice. If you can't pay within this time you need to talk to us about making other payment arrangements.

7. Security: We may ask you to pre-pay amounts to us, or to provide security for our fees and expenses. You authorize us: a) to debit against amounts pre-paid by you; and b) to deduct from any funds held on your behalf in our trust accounts any fees, expenses or disbursements for which we have provided an invoice.

8. Third Parties: Although you may expect to be reimbursed by a third party for our fees and expenses, and although our invoices may at your request or with your approval be directed to a third party, nevertheless you remain responsible for payment to us if the third party fails to pay us.

9. Confidentiality: We will hold in confidence all information concerning you or your affairs that we acquire during the course of acting for you. We will not disclose any of this information to any other person or entity except: a) to the extent necessary or desirable to enable us to carry out your instructions; or b) to the extent required by law. We will not disclose to you confidential information which we have in relation to any other client or person or entity protected by confidentiality.

10. Termination: You may terminate the agreement with us for the provision of services at any time. We may terminate our agreement for the provision of services in any of the circumstances set out in our letter of engagement. If our agreement is terminated you must pay us all fees due up to the date of termination and all expenses incurred up to the date.

11. Retention of Files and Documents: You authorize us (without any further reference to you) to destroy all of the files and documents for this matter (other than any documents that we hold in safe custody for you) 7 years after our engagement ends, or earlier if we have converted these files and documents to an electronic format.

12. Conflict of Interest: We have procedures in place to identify and respond to conflicts of interest. If a conflict of interest arises we will advice you of this and the requirements and procedures to resolve the conflict of interest.

13. Duty of Care: Our duty of care is to you and not to any other person. Before any other person may rely on our advice, we must expressly agree to this.

14. Trust Account: We maintain a trust account for all funds which we receive from clients (except monies received for payment of our invoices). If we are holding significant funds on your behalf we will normally lodge those funds on interest bearing deposit with a bank.

15. Limitations on Extent of Liability: Our liability to you will not exceed the limit of our insurance. We will not be liable to for any consequential loss to you.

16. General: These Terms apply to any current work we have agreed to do for you and also to any future work, whether or not we send you another copy of them. We are entitled to change these Terms from time to time, in which case we will send you amended Terms.

17. Jurisdiction: Our relationship with you is governed by New Zealand law and New Zealand courts have exclusive jurisdiction.

    "These Terms and Conditions are effective from Monday, 5th of September 2011."

     

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