Terms of Engagement AccountsDept. Limited (“AccountsDept.”)
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.
The services, which we are to provide for you, are outlined in our letter of engagement.
The fees, which we will charge, or the manner in which they will be arrived at, are set out in our letter of engagement.
Our fees are charged at an hourly rate or part thereof based on the time necessarily spent on your affairs (reimbursement for disbursements as set out below, will also be payable in addition to the fees). The hourly rates are set out in our letter of engagement. The differences in those rates reflect the experience and expertise and specialisation of our professional staff, and the nature of the services provided to you.
If the letter of engagement specifies a fixed fee, we will charge this for the agreed scope of our services. Work, which falls outside that scope, will be charged on an hourly rate basis. We will advise you as soon as reasonably practicable if it becomes necessary for us to provide services outside the scope and if requested, give you an estimate of the likely amount of the further costs.
Disbursements and Expenses
In providing services we may incur disbursements or have to make payments to third parties on your behalf. These include tolls, faxes, photocopying, travel. These will be included in our invoice to you when the expense is incurred and are generally in addition to our estimated fees. We may require an advance payment for the disbursements or expenses, which we will be incurring on your behalf.
GST (if any) is payable by you on our fees and charges.
For matters, which are likely to be completed within a time frame of 6-8 weeks, we will generally invoice you on completion of the matter.
Where appropriate, interim accounts (usually monthly) will be rendered whilst work is in progress.
We will send an invoice to you on completion of the matter, or termination of our engagement. We may also send you an invoice when we incur a significant expense. More specific detail about invoicing of a specific matter will be contained in our letter of engagement.
Invoices are payable within 14 days of the date of the invoice unless we make arrangements to the contrary. Payment may be made direct to our ASB Nelson bank account number 12-3193-0022401-00.
We may require interest to be paid on any amount, which is more than 7 days overdue. Interest will be calculated at at our overdraft rate.
Any charges payable by us on payments made using your credit card will be passed on to you.
We reserve the right to suspend our work for you should payment of existing invoices be overdue. Please note that in addition to the above, if an account remains unpaid after two months from the due date, the account may be referred to our debt collection agency and we may charge you a minimum default fee of 25% of the unpaid portion of the fee (but not less than $50) to cover the collection agency’s fees and we may seek further costs on recovery. The account may also be recorded on a credit information database held by a credit-reporting agency.
By signing our Letter of Engagement you accept personal liability for fee charges relating to the Company, Entity or Individual named in the engagement letter for which you have engaged AccountsDept. to provide services to.
We may ask you to pre-pay amounts to us, or to provide security for our fees and expenses. You authorise us to debit against amounts pre-paid by you any fees, expenses or disbursements for which we have provided an invoice.
Where work has been done by us, but we have not been paid by you, then as a general rule we have the right to retain information, original documents, and correspondence on your file until such time as all outstanding fees, disbursements and other expenses have been paid. This is known as a lien.
In these circumstances we also reserve the right to register a security (mortgage), including a Memorandum of Mortgage, general or specific security, over your personal or real property to secure unpaid fees. You agree to this and that this agreement will be an irrevocable power of attorney to us to execute the necessary Authority and Instruction or other security documents should this be required.
Although you may expect to be reimbursed by a third party for our fees and expenses, and although our invoices may at your request or with your approval be directed to a third party, nevertheless you remain responsible for payment to us if the third party fails to pay us.
We will hold in confidence all information concerning you or your affairs that we acquire during the course of acting for you. We will not disclose any of this information to any other person except:
- to the extent necessary or desirable to enable us to carry out your instructions; or
- to the extent required by law
Confidential information concerning you will as far as practicable be made available only to those within AccountsDept. who are providing services for you.
To comply with the Privacy Act 1993 you authorise us:
- To contact your Bank, and any other third party where necessary, to obtain further information not supplied by you whilst doing this work.
- To act as your agent with the Inland Revenue Department on your behalf in connection with all taxes. To link yourselves and or associated entities to our tax agency list and view your tax information via the IRD internet service. You must first inform us in writing to request any tax type de-linking.
- Could you please provide us a list of all your entities/individuals and the IRD numbers for these entities/individuals.
You authorise us to act as your agent for ACC levy purposes for all associated entities. This authorisation allows us to query and change information on your ACC levy account(s) through ACC staff, and through ACC Online Services. This authority will also allow our organisations’ main representative discretion to delegate access to your ACC information to other members of our organisation. Other delegated members of our organisation will also be able to query and change information on your ACC levy account.
Reliance on client information
Where applicable, you agree to provide to us on a timely basis the information we reasonably require to provide the services. Where the information supplied by you is not supported by documentation, we rely on the accuracy of oral information provided by you to us. You warrant that this information will be accurate and complete, and acknowledge we may rely on it without further verification.
We will not be liable for any loss or damage arising from inaccuracy, incompleteness or other defect in any information or documents supplied by you.
We recommend that you have your Chartered Accountant review all reports provided to you by us.
Limitation of Liability
We do not accept liability for any loss arising from non-receipt of communications including email communications.
Where our services provided to you are used for business purposes, our liability to you, under the Consumer Guarantee Act 1993 or otherwise, is expressly limited in all circumstances to the amount of the fees and disbursements paid by you for any work from which such liability arises.
These Terms apply to any current engagement and also to any future engagement, whether or not we send you another copy of them.
Our duty of care is to you and not to any other person. Before any other person may rely on our advice, we must expressly agree to this, and these Terms of Engagement will apply to such reliance.
We are entitled to change these Terms from time to time, in which case we will send you amended Terms.
Our relationship with you is governed by New Zealand law and New Zealand courts have non-exclusive jurisdiction.