These Standard Terms of Engagement ("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
1.1
The services which we are to provide for you are outlined in our engagement letter.
2.
Financial
2.1
Fees:
(a)
The fees that 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 that falls outside that scope will be charged on an hourly rate basis. We will advise you as soon as reasonably practicable if it becomes necessary for us to provide services outside the agreed scope and if requested, give you an estimate of the likely amount of the further costs.
(c)
Where our fees are calculated on an hourly basis, time spent is recorded in 6 minute units, with time rounded up to the next unit of 6 minutes.
(d)
On occasion, our hourly charges will be adjusted to result in a fair fee, reflecting such matters as the value of the work to you, the urgency of the matter, and the outcome of services.
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 next invoice to you after the expense is incurred.
2.3
GST (if any): is payable by you on our fees and any other charges.
2.4
Invoices: We will send interim invoices to you, usually monthly and 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 on the 20th of the month following 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 II% on any amount outstanding one month after payment is due.
2.6
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 engagement at any time.
4.2
We may terminate our engagement in any of the circumstances set out in the Law Society's Rules of Conduct and Client Care for Lawyers.
4.3
If our engagement is terminated you must pay us all fees due up to the date of termination and all expenses incurred up to that date.
5.
Electronic Communications
5.1
Some electronic communications can be subject to interference or interception or contain viruses or other defects.We do not accept responsibility and are not liable for any damage or loss so caused.
5.2
If you have any reason to be concerned about any electronic communication or documentation from us, please contact us immediately to discuss the issue.
6.
Retention of files and documents
6.1
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.
7.
Conflicts of Interest
7.1
We have procedures in place to identify and respond to conflicts of interest. If a conflict of interest arises we will advise you of this and follow the requirements and procedures set out in the Law Society's Rules of Conduct and Client Care for Lawyers.
8.
Duty of Care
8.1
Our duty of care is to you and not to any other person. Before any other person may rely on advice we have provided to you, we must expressly agree to this.
9.
Trust Account
9.1
With the approval of the New Zealand Law Society, we do not maintain a trust account. Where we receive an account from a third party, on your behalf, we will therefore need to ask you to forward payment of the account to that third party directly.
10.
General
10.1
These Terms apply to any current engagement and also to any future engagement, whether or not we send you another copy of them.
10.2
We are entitled to change these Terms from time to time, in which case we will send you amended Terms.
10.3
Our relationship with you is governed by New Zealand law and New Zealand courts have non-exclusive jurisdiction.
