Terms of Engagement

These terms of engagement (“Terms”) are the standard terms which will apply in respect of all work carried out by us for you, except to the extent that we otherwise agree with you in writing and excluding the authority to act when selling your business.

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1. Scope of Work and Our Role

The services we are to provide for you are outlined in our Letter of Engagement.

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All matters will be carried out in accordance with applicable laws, our rules of professional conduct, and these Terms.

 

We do not purport to be experts in all fields of business, and we will, where necessary or desirable, secure advice from other professionals. We do not advise on, and are not responsible for, tax and legal issues but will assist you in obtaining such advice upon request.

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2. Fees and Other Charges

We will charge a reasonable fee based on the hourly rates of personnel and relevant criteria, including:

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• Skill, specialised knowledge, and responsibility required;

• Time expended;

• Value of any property or money involved;

• Importance and complexity of the matter;

• Number and importance of documents;

• Urgency and circumstances.
   

Estimates provided are guides only unless stated otherwise. If an estimate is likely to be exceeded, we will advise and provide an updated estimate.

Disbursements (e.g. travel, registration, courier, expert fees) will be charged and included in our invoice. Advance payment may be required.

We also invoice a standard service charge for general office services. GST is payable on all fees and charges unless otherwise stated.

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3. Billing and Accounts

Invoices will be issued as per the individual engagement terms. Payment is due on the invoice date unless alternative arrangements are made. If overdue, we may:

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• Suspend further work;

• Retain custody of your property;

• Charge 15% p.a. interest on overdue amounts.
   

We may request pre-payment as an engagement retainer. You authorise us to deduct fees from pre-paid amounts or funds in our trust account.

You remain responsible for payment even if a third party fails to pay.
 

4. Confidentiality

We will hold in confidence all information concerning you or your affairs acquired during the engagement. Disclosure will only occur as necessary to carry out your instructions.
 

Information is shared only with those within our firm providing services for you.

We will not disclose confidential information about other clients to you. Specific confidentiality agreements may be executed.
 

5. Termination

Either party may terminate the engagement at any time by written notice.

You must pay all fees and expenses incurred up to the termination date.

Our engagement ends when instructions on an engagement are completed.
 

6. Retention of Files and Documents

Files and documents are retained for at least seven years post-completion or termination, after which they may be destroyed.

We may copy documents prior to returning them and may charge for this service.
 

7. Conflicts of Interest

We have procedures to identify and respond to conflicts of interest. If a legal conflict arises, we will notify you. We may terminate the engagement if a conflict exists.
 

8. Duty of Care

Our duty of care is to you alone. No other person may rely on our advice unless we agree to this in writing.
 

9. Trust Account

We operate a third-party trust account for client funds. You may request placement on interest-bearing deposit, in which case a 5% administration fee on interest may apply.

Further information may be required to satisfy banking requirements.
 

10. Electronic Communications
We may communicate electronically unless otherwise agreed. These communications are not secure and we accept no responsibility for issues arising from them.

We will treat your email as private and secure unless you advise otherwise.
 

11. Client Information (AML Compliance)

We must comply with all legal obligations, including AML laws. This may involve customer due diligence on you and related persons.

You must ensure all relevant individuals are aware of and consent to this. We may perform monitoring, keep records, and report suspicious activity.

Information may be provided to government agencies or banks as required by law. Transactions may be suspended or blocked without notice if required information is not provided.
 

We may request information under FATCA regulations.
 

12. Personal Information

Personal information will be treated as confidential. Disclosure may occur to:
 

• Contractors or agents;

• Other relevant organisations or authorities.
   

Data may be stored on- or off-site, including online/cloud services operated by third parties.
 

13. Limitation of Liability
To the extent permitted by law, our liability is limited to:
 

• NZD $3,000,000 if covered by insurance; or

• Three times our paid fees (excluding disbursements and GST).
   

Claims must be submitted within 12 months of the relevant act or omission.
 

14. General

These Terms apply to all current and future engagements. Continued engagement implies acceptance.

We may change these Terms and will notify you. Engagement letter terms prevail over standard Terms in case of conflict.