Standard terms of business
These standard terms of business for Adviser Business Compliance (ABC(2013)Ltd) ("ABC", "we", "us" and "our"), and the engagement letter sent to the client ("you" and "your"), set out the details of our consulting engagement. If there is any conflict between these terms and the engagement letter, the engagement letter prevails.
1.1 We will provide the services described in the engagement letter ("the services"). Unless otherwise agreed in writing, any further work we may carry out in connection with the services will be carried out in accordance with these terms.
1.2 The services will be performed by Gavin Austin in his capacity as sole director and employee of “ABC”.
1.3 The services do not involve:
· the provision of any legal advice,
· the provision of financial or tax advice,
· an audit or examination conducted in accordance with New Zealand auditing standards, or
· the detection of fraud or misrepresentation.
2.1 Subject to any need to make disclosures required by law, any information or documents received by or provided to us for the purposes of the provision of the services, and which are marked confidential or could reasonably be expected to be confidential ("confidential information") will be treated as confidential, except if the information:
· is disclosed with your express consent, or
· is, or becomes, generally available to the public.
2.2 Nothing prevents us from providing services to other clients provided that we take reasonable steps to ensure that each client's confidential information is not disclosed to other clients.
4. Electronic communications
4.1 Unless otherwise agreed in writing, email is an acceptable means of communication. You authorise us to use any email address you give us.
5.1 Our fees are calculated on the basis of time spent by “ABC”. Discounted rates, which apply only when specified in the engagement letter, are available for engagements over 24 hours and for retainer-fee arrangements.
5.2 We will obtain your prior authorisation for travel and other expenses and will recoup them at cost. Travel in Auckland and will be based on $1.15 per km plus GST plus any parking at cost.
5.3 Fees - 50% of fees plus agreed travel costs are invoiced on completion of onsite work. Payment is required by the due date specified in the invoice, which is generally 7 days after the invoice date. The balance of fees are invoiced on completion of the final reports or as agreed.
6. Limitation of liability
6.1 “ABC”shall not be liable to you for:
· any indirect or consequential loss or damage arising out of or connected with the performance or failure of performance of the services, or
· any delay or default in complying with our obligations under this agreement if the delay or default is caused by something beyond our reasonable control.
6.2 In the event that any limitation or exclusion contained in this agreement is invalid for any reason and/or “ABC” become liable to you for any loss or damage arising out of or connected with the performance or failure of performance of the services, our liability is limited to the fees you have paid to “ABC” in the 12 months preceding the date that you provided us with notice of your claim.
7. Place of work
7.1 For most engagements and for retainer-fee arrangements, services are generally performed at client premises, unless otherwise agreed.
8. Ending our engagement
8.1 Circumstances may arise (such as a conflict of interest) which makes it impossible for us to continue to provide the services. If this happens, we will contact you immediately.
8.2 Either you or we may end the engagement by written notice at any time. You will be invoiced for services performed up until that time.
9.1 Our relationship with you is not a partnership or joint venture and neither party has the right to incur obligations on behalf of the other.
9.2 We may amend these terms from time to time, upon written notice to you. Any such amendments to have immediate effect.
9.3 The laws of New Zealand govern this contract.