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TERMS OF ENGAGEMENT

These Terms and Conditions of Business ('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 Engagement Letter.

2. FINANCIAL

2.1 Fees

(a) The fees which we will charge or the manner in which they will be arrived at, are set out in our Engagement Letter.

(b) If the Engagement Letter specifies a fixed fee, we will charge this for the agreed scope of our services. Work which falls outside that scope will be charged in accordance with our engagement letter. We will advise you as soon as reasonably practicable if it becomes necessary for us to provide services outside the agreed scope and, give you an amended fixed fee amount of the further costs.

(c) Where we have given you an estimate, we will apply reasonable skill and care to calculating that estimate. Work which falls outside that scope will be charged in accordance with our Engagement Letter. We will advise you as soon as reasonably practicable if it becomes necessary for us to provide services outside the agreed scope and, give you an estimate of the likely amount of the further costs.

(d) Where fees are calculated principally on an hourly basis, the hourly rates applicable to those persons who will deliver the services to you are set out in our Engagement Letter. The differences in those rates reflect the experience and specialisation of our professional staff. Time spent is recorded in 6 minute units, with time rounded up to the next unit of 6 minutes. In addition take into account:
(i) The importance of the matter and the results achieved;
(ii) The urgency and circumstances in which the matter is undertaken and any time limits which are imposed.

2.2 Disbursements and expenses
In providing services we may incur disbursements or have to make payments to third parties on your behalf. These will be included in our invoice to you when the expense is incurred. We may require an advance payment for the disbursements or expenses which we will be incurring on your behalf.

2.3 GST (if any)
Is payable by you on our fees and charges.

2.4 Invoices
We may send interim invoices to you if it is appropriate to do so. We will send you an invoice on completion of the matter or termination of our engagement. We may also send you an invoice when we incur a significant expense.

2.5 Payment
Invoices are payable within 14 days of the date of the invoice, unless alternative arrangements have been made with us. We may require interest to be paid on any amount which is more than 7 days overdue. Interest will be calculated at the rate of 15%.

2.6 Security
We may ask you to pre-pay amounts to us, or to provide security for our fees and expenses. You authorise us:

(a) to debit against amounts pre-paid by you; and

(b) to deduct from any funds held on your behalf in our trust account; any fees, expenses or disbursements for which we have provided an invoice.

2.7 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.

3. CONFIDENTIALITY

3.1 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 except:

(a) to the extent necessary or desirable to enable us to carry out your instructions; or

(b) to the extent required by law or by the Law Society's Rules of Conduct and Client Care for Lawyers.

3.2 Confidential information concerning you will as far as practicable be made available only to those within our firm who are providing legal services for you.

3.3 We will of course, not disclose to you confidential information which we have in relation to any other client.

 

4. TERMINATION

4.1 You may terminate our retainer at any time.

4.2 We may terminate our retainer in any of the circumstances set out in the Law Society's Rules of Conduct and Client Care for Lawyers.
(a) The lawyer terminates the retainer for good cause and after giving reasonable notice to the client specifying the grounds for termination.
(b) Good cause includes –
(i) instructions that require the lawyer to breach any professional obligations:
(ii) the inability or failure of the client to pay a fee on the agreed basis or, in the absence of an agreed basis, a reasonable fee at the appropriate time;
(iii) the client misleading or deceiving the lawyer in a material respect;
(iv) the client failing to provide instructions to the lawyer in a sufficiently timely way:
(v) except in litigation matters, the adoption by the client against the advice of the lawyer of a course of action that the lawyer believes is highly imprudent and may be inconsistent with the lawyer's fundamental obligations.

4.3 If our retainer is terminated you must pay us all fees due up to the date of termination and all expenses incurred up to that date.

5. RETENTION OF FILES AND DOCUMENTS

You authorise us (without further reference to you) to destroy all 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 those files and documents to an electronic format.

6. CONFLICTS OF INTEREST

If a conflict of interest arises we will immediately advise you and discuss how to proceed.

7. 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.

8. 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. In that case we will charge an administration fee of 5% of the interest derived.

9. GENERAL

9.1 These Terms apply to any current engagement and also to any future engagement, whether or not we send you another copy of them.

9.2 We are entitled to change these Terms from time to time, in which case we will send you amended Terms.

9.3 Our relationship with you is governed by New Zealand law and New Zealand courts have non-exclusive jurisdiction.

 

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