TERMS OF ENGAGEMENT
These terms of engagement apply except where you and I agree otherwise in writing. You accept these terms If you instruct me to complete work for you.
I provide governance and management related advice and services only. The scope of my services are as set out in my engagement letter to you or otherwise as made clear in ancillary written communications between us. My duty of care is to you only, the person or entity to whom my engagement letter or initial communication is addressed. My liability to you will under no circumstances (to the extent permitted by law) exceed the sum equivalent to the amount of the fee I have charged you in relation to the matter queried.
By instructing me, you accept liability for my account. If you instruct me on behalf of someone else, my duty of care is to you and you remain liable to pay my account if it is not paid by that person.
My fee will primarily take into account the following factors:
• the time spent
• the skill and knowledge and responsibility required
• the complexity, novelty, importance and urgency of the matter
• my experience and reputation.
It is my normal practice to agree a scope of service and fee in advance wherever possible, taking in to account the above factors. Where this does not occur due to the extent of the work required being unclear or for any other reason; or where additional work becomes necessary, my services will be charged on a time basis unless otherwise agreed in writing. My current hourly rate in that regard is $290 plus GST. I reserve the right to change my hourly rate from time to time, on the giving of written notice to that effect.
My accounts are due within 7 days of issue. If you do not pay my account by the due date, you agree that I may:
• charge you interest at the rate of 1.5% per month compounding on a monthly basis, calculated from the time the account falls due until it is paid; and / or
• charge you the cost of recovery of the outstanding fees and interest including my legal costs, any Court costs and disbursements, service or collection fees; and / or
• retain original documents and correspondence on your file until such time as all outstanding fees and disbursements have been paid; and / or
• disclose any information about your default to any credit agency (and you authorise any credit agency to hold such information on their systems and use it to provide their credit reporting service); and / or
• decline to carry out any further work on your behalf.
I am not obligated to retain copies of any work completed for you. I may change these Terms from time to time, in which case I will send you amended Terms. My relationship with you is governed by New Zealand law and New Zealand courts have exclusive jurisdiction.
