1) General.

These engagement terms outline the agreement between you and Tauranga Wills and Trusts regarding the services provided. In addition to these terms of engagement, there may be additional terms that apply and are set out in written correspondence or in an engagement letter.

These terms of engagement, in combination with the engagement letter, are the full contract between us.

If there is any conflict between the terms of engagement and the engagement letter, these terms of engagement will prevail.

2) Services.

1. I will provide the services described in this contract.

2. You are and remain finally responsible for determining that the services sought are appropriate to meet your needs.

3. I will rely on the information that you provide and will not be liable or responsible for any extra time charged or costs that result from the inaccuracy of any such information.

3) My obligations.

1. I will discuss with you your objectives and how they should best be achieved;

2. act competently, in a timely way, and in accordance with the information and instructions you provide;

3. provide you with information about the work to be done and the way the services will be provided; protect your privacy and ensure appropriate confidentiality;

4. give you clear information and advice; keep you informed about the work being done and advise you when it is or will be completed;

5. charge you a fee that is fair and reasonable to both of us for the services I provide and let you know how and when you will be billed;

6. and, have a clear process for you to raise any concern you may have and will address these promptly and fairly.

4) Your obligations.

1. You agree that you will provide, in a timely way, all information and assistance that I require to enable me to provide you services.

2. You will provide information that is true, accurate, and not misleading and advise us if you become aware that any document or information previously provided is inaccurate or incomplete.

3. You will be solely responsible for the accuracy and completeness of all documents and information that you provide to me. I will not be responsible to verify the accuracy or completeness of any information that you provide, and I will be entitled to rely on that information.

4. You can and will help by giving clear instructions; asking if there is anything you are not sure of; advise of having any important time limits; and expeditiously deal with any questions I have.

5) Verification of identity.

1. I may terminate this contract if you do not provide me with sufficient information to verify your identity (in accordance with my requirements and as required by New Zealand law).

2. I may well not act on the instructions from a third party on your behalf until such time as I have verified the identity of that third party in the same manner and with the same rights of termination as specified in this clause.

3. Prior to being able to commence providing you services, I may need to verify your identity. I will inform you what information is needed for this purpose. If you cannot provide all the requested information, I may not be able to commence providing you the services and will have the right to terminate this contract. (See below).

6) Fees, charges, and billing.

1. Fees, charges, and billing practices vary depending on the services provided. All fees and charges are either outlined on the website or specified in an engagement letter.

2. Please note the fees listed on the website may change from time to time. I am not be required to provide notice of any changes, but will of course use best efforts to do so.

3. You agree that I may vary my fees and charges at any time, including once services have commenced.

4. If any invoice is not paid by the due date, I may charge interest at the rate of 15% per annum.

5. I may engage third-party legal providers or debt collectors to pursue the recovery of unpaid invoices. You will be liable for all legal and debt collection costs that may so be incurred.

7) Confidentiality.

1. I will hold in confidence all information concerning you and your business and affairs that I acquire in the course of providing you services.

2. Subject to mandatory legal obligations, I will not disclose this information, unless expressly or impliedly authorized, except to the extent required to provide you services as agreed in this contract or if the information is already public knowledge.

8) Privacy.

1. In providing services to you, I will need to collect your personal information. This will include for the purposes of undertaking client due diligence and for the ongoing management of our relationship.

2. You authorize that I may use any email address or phone number that you provided to communicate with you about the work I do for you. I may occasionally email you information I feel is relevant to you. If you do not want to receive that information, please let me know.

3. Your personal information will be stored, used, and disclosed in accordance with the Privacy Act 1993. Any personal information you provide may be used or disclosed by me in complying with my legal obligations. If you do not provide the personal information requested, I may be unable to provide you the services.

4. You are welcome to ask for, have access to and check the personal information that I hold about you and if you believe that any of it is incorrect, you can ask to correct it.

9) Indemnity.

You indemnify me practicing as Tauranga Wills and Trusts and will keep so indemnified from and against any and all loss, damage or liability suffered and legal fees and costs incurred by me in the course of providing you services that result from: any action we take on instruction from you, or your breach of the contract and your negligent acts or omissions.

10) Limitation of liability.

1. Tauranga Wills and Trusts will have no liability for any errors, deficiencies,  or omissions in any work performed as part of the services that are caused by or are the result of inaccurate or incomplete information provided.

2. Any liability on my part under the contract, or otherwise, is limited to the value of the fees paid by you or on your behalf for the services.

3. In no event will either party be liable for any indirect damages or for any lost profits arising out of or relating to a breach of the contract.

4. There will not be any liability for any failure or delay in performing the services because of an event beyond my reasonable control.

11) Termination.

1. I may terminate the contract immediately by written notice to you: if you breach any material term of the agreement (such as your undertakings) that, in my reasonable opinion, is not capable of being remedied; or you breach any other term of this agreement and that breach is not remedied within 5 working days of us notifying you of the breach.

2. Either party may terminate the contract at any time by giving the other party at least 10 working days written notice.

12) Complaints and Concerns.

All complaints and concerns need to be raised with me timeously and will be dealt with by both parties acting in good faith and reasonably. Any complaint can be raised by following the Contact route set out on the website.

13) General.

1. I may retain copies of any documents that I consider necessary to comply with legal and audit obligations.

2. I am responsible for the provision of services. However, I may subcontract any third party to provide all or any part of the services.

3. I may assign my rights and obligations under this agreement. However, you may not assign your rights and obligations under this agreement except with my written consent.

4. No failure or delay on the part of any party in exercising any power or right under these terms of engagement will operate as a waiver, nor will any single or partial exercise of such right or power preclude any other or future exercise of any right or power under the contract.

5. This contract sets out the entire agreement between the parties in relation to the matters that it deals with and supersedes and invalidates all previous letters, agreements, and understandings (oral or written) in relation to those matters.