Standard Terms of Engagement of Clendon Webb Limited
(Trading as Clendon Webb)

OUR TERMS

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.


Client Care Rules
Our firm provides legal services in accordance with the New Zealand Law Society’s client care and service rules, a copy of which may be found on the New Zealand Law Society’s website or upon request to our firm.


Fees
We carry out work charged at our standard hourly rates for the time spent doing that work. The relevant hourly rates at the time of first engagement with this firm are set out in our letter of engagement. We reserve the right to amend and increase our standard hourly rates without notice to you.

We may also alter our standard hourly rates depending on urgency, complexity, value, or other factors relating to your matter.


Estimates
Upon request we will provide a written estimate of our fees. Where an estimate is provided it is as a guideline only. While we will endeavour to meet any estimate of our costs we will nonetheless charge on a time incurred basis. All estimates are exclusive of goods and services tax and disbursements unless otherwise stated.


Billing
Our usual practice is to bill our clients on a fortnightly (bi-monthly) basis. All invoices are the responsibility of our client.

We require that payment of our account is made within 7 days of receipt of invoice. Disbursements and other large expenses may be invoiced separately and we may require payment for those expenses in advance at our discretion.

Where payment is made via credit card we will apply a 2.5% surcharge to cover any merchant fees.


Non-Compliance
Without prejudice to any other recovery rights available to us we will charge a penalty interest rate of 2% per month compounded weekly for any overdue accounts.

We reserve the right to cease work on our Client’s affairs where accounts are overdue. You agree that where a payment obligation is missed in relation to your matter, including our fees or any third-party fees (such as a barrister or expert) then our firm and/or any third party instructed by us on your behalf may immediately withdraw from representation of you. Any such withdrawal may be done without further notice to you.

You acknowledge that in the event we withdraw from representation of you in circumstances arising from missed payment obligations such withdrawal may result in scheduled fixture dates being adjourned. That may have negative cost consequences for you.

You agree not to oppose such withdrawal of us or by instructed counsel.


Retainer/Guarantee
For new clients we may, at our sole discretion, require that a retainer be paid before we commence work on your behalf. The quantum of retainer payable will be at our discretion.

We do not operate a trust account. Accordingly, where a retainer is payable we require that retainers are paid to and held on our behalf by an independent stakeholder firm (“Stakeholder”). We will advise the payment details of that stakeholder upon engagement by you.

Where a retainer payment is made, you agree that:
a) The retainer payment is held by an independent stakeholder firm in its trust account ("Stakeholder Account”);
b) You authorise us to deduct our fees from the retainer amount as they become payable following invoicing;
c) You authorise us to require that any amounts payable to you as a result of the matter on which we have been engaged (including but not limited to settlement funds) be paid into the Stakeholder Account;
d) You grant to us an equitable lien over all sums in the Stakeholder Account to the amount of any unpaid invoices;
e) We may, from time to time at our sole discretion, increase the amount required to be held in the Stakeholder Account. Any such increase will be dependent on anticipated fees for upcoming steps;
f) The Stakeholder is obliged to funds to us held in the Stakeholder Account to the extent of our invoices upon presentation of our invoice and confirmation that our invoices remain unpaid.

The Stakeholder is entitled to deduct its reasonable fees and disbursements from the Stakeholder Account as priority before dealing with the funds by paying funds to us or returning the funds to you.


Confidentiality
This firm is bound by ethical obligations of confidentiality. Additionally, all information obtained is held by this firm subject to the provisions of the Privacy Act 2020 to enable us to provide legal services to you.

You authorise us to conduct credit checks with, and obtain credit and other personal information from, credit agencies and to provide personal information to those agencies, at any time.


Professional Indemnity Insurance
We hold professional indemnity insurance that meets or exceeds the minimum standards specified by the New Zealand Law Society.


Lawyer’s Fidelity Fund
The New Zealand Law Society operates a fidelity fund to cover theft of client funds by lawyers. The maximum amount payable by that fund is $100,000. Except in limited circumstances the fidelity fund does not cover any loss suffered on investments which we are instructed to make on behalf of a client.


Limitation of liability
To the extent permitted by law:

Our total liability to you in connection with any matter (or series of related matters) on which you engage us will not exceed:
a) If an amount is available to be paid out under our relevant insurance policy in relation to any liability to you, that amount, up to a maximum of $400,000 (including interest and costs).
b) In any other case an amount equal to five times the value of fees paid to us (excluding disbursements, office charges, and GST), up to a maximum of $400,000 (including interest and costs).

The above limitation applies to liability of any kind whether in contract, tort (including negligence), equity, or otherwise.

In the event we provide services to anyone or any entity related or associated with you, or to anyone else at your request, in relation to a matter on which you engage us, then our aggregate liability to you, and any person or entity in relation to that matter, will be subject to this limitation. You agree that you are responsible for bringing this limitation to the attention of those persons or entities.

We are authorised to provide legal advice in relation to New Zealand law. In the event we provide advice in relation to matters governed by law in other jurisdictions, we do so only on the basis that we are not responsible (and have no liability, whether in contract, tort (including negligence), equity, or otherwise), in relation to your legal position under that overseas foreign law.

Where our services are engaged for business purposes you agree that the terms of the Consider Guarantees Act 1993 shall not apply.


Audit
From time to time our firm may be audited by an auditor appointed and approved by the New Zealand Law Society. Unless agreed separately between us, you consent to the disclosure of personal information held by us during such audits.


Complaints
We maintain a procedure for handling any complaints by clients designed to ensure that a complaint is dealt with promptly and fairly. If you have a complaint about our services or charges you may refer your complaint to the person in our firm who has overall responsibility for your work.

Where you do not wish to raise a complaint with that person, or you are not satisfied with their response, you may refer your complaint to Dylan Pine. He may be contacted as follows:
By E-mail at: dylan.pine@clendonwebb.co.nz
By telephone: +64211727164


Future Instructions
Unless specifically agreed in writing these terms, having been sent or otherwise notified to you, will apply to all instructions received from you including matters presently on foot as well as future instructions.

We may revise these terms from time to time. In that case we will send you amended terms.


Arbitration
You agree that any dispute or disagreement arising out of or in connection with these terms and or engagement shall be referred to arbitration pursuant to the Arbitration Act 1996 (with the exception of article 5, schedule 2 which shall not apply). New Zealand law will apply to any arbitration under these terms.