Terms of Engagement

A J Park is committed to providing excellent quality advice and service to our clients. Following are our standard terms of engagement under which we will act for you, unless agreed with you in writing.

INSTRUCTIONS
Wherever reasonably possible, before starting substantive work we will confirm by letter or email instructions received verbally.

So that we can provide effective advice to you, please disclose all relevant information about your matter at the earliest opportunity.

Unless we agree otherwise, our services are provided to you, our client, and not to any other person. No other person may rely on our advice to you, unless we agree otherwise.

FEES
We charge fees on a fixed fee basis and/or on the basis of time spent, depending on the type of work.  In determining our fees we also consider:
•   the skill and specialist expertise required
•   the project’s importance and complexity
•   the urgency under which our services were carried out.

We delegate work to staff at the appropriate level to ensure best value for you.

QUOTATIONS AND ESTIMATES
We honour our written quotes.  When we estimate a fee for your work, if possible we will let you know if the actual fees are likely to vary considerably from the estimate.

DISBURSEMENTS
While providing services to you, we may incur third party costs such as official fees, foreign agents’ charges, barristers’ fees, courier and travel costs. We will estimate disbursement costs before beginning work. Our invoice will show the portion that relates to third party expenses. 

Charges for disbursements in foreign currencies include a 3% foreign currency fee to cover forward exchange risk and electronic bank transfer fees.

We charge a separate office disbursements fee to cover the minimum costs incurred on a client matter for printing, photocopying, and communication charges. We may pass on actual costs if they are significant.

DEPOSITS
Before beginning work, we require clients to pay a deposit based on the estimated disbursements and fees.  We reserve the right not to begin work without a deposit, even if filing or other deadlines are due.
 
For depositing funds into the A J Park Trust Account:
Account Name: A J Park Law Trust Account
Bank:  Westpac Bank
Branch:  318 Lambton Quay, Wellington
Account:  03-0502-0960845-00
If depositing by direct credit, please name your A J Park contact for our reference.

OVERSEAS ASSOCIATES’ TERMS OF TRADE
When associates instruct us to act for their client in New Zealand (or other jurisdictions), the associate is responsible for paying our fees. Overseas associate payment terms are 60 days from date of our invoice.

NZ & OVERSEAS CLIENTS’ AND NZ ASSOCIATES’ BILLING AND TERMS OF TRADE
We will send you invoices either monthly or at significant milestones in your work. Our invoices are due to be paid on the 20th of the month following billing. Please discuss any queries about an invoice with us before your payment is due. We send monthly statement of accounts.  If you prefer billing on any different basis, please discuss your needs with your A J Park contact.

If we receive instructions from more than one client on a matter, each client will be jointly and severally liable to pay our invoices.

We may charge you default interest of 1.5% per month calculated daily, on invoices not paid by the due date. We may also charge you collection and legal fees incurred by us to recover unpaid accounts.

We bill clients based outside New Zealand and Australia in US$.

CREDIT CONTROL
We may make independent credit checks at any time. We may pass on credit information to our collection agency and advise credit agencies of any serious default.

TERMINATION OF SERVICES
We reserve the right to stop acting for you in some circumstances (such as a conflict of interest or where you have not paid an invoice by the due date), even if filing or other deadlines are due.  We are entitled to keep your files or documents until you have paid the outstanding accounts.

PRIVACY OF INFORMATION
While advising you, we may collect and hold personal information about you.  This information will be used for: providing intellectual property services; obtaining credit information or other references; telling you about issues that may affect you.  Information about clients is kept at our offices in Wellington or Auckland, New Zealand.  Under the Privacy Act 1993 you have the right of access to information collected. To arrange access, please speak to your A J Park contact.

ELECTRONIC COMMUNICATION AND FILE STORAGE
A J Park has a retention and disposal policy and schedule.  The matter type determines the time we keep your files but your files will be stored for at least seven years in line with the NZ Law Society rules.  Please let us know if you would like a copy of our policy and schedule.

REPRESENTATION OF OTHER CLIENTS
We represent you on the understanding that we will advise other clients in any other matters unless we have agreed otherwise in writing.

GOVERNING LAW 
These terms of engagement are governed by the laws of New Zealand and will be subject to the non-exclusive jurisdiction of the New Zealand courts.

CLIENT SERVICE
A J Park is committed to providing excellent quality advice and service to our clients.  If you are dissatisfied with the service you receive, please discuss it with your A J Park contact, or talk to our CEO.