Terms + Conditions
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Terms + Conditions
- Overview
1. Overview
- These Core Terms of Engagement ("Terms") apply to every service The Advocate Limited ("Consultant") provides to its clients ("Client"), unless the parties agree otherwise in writing. These Terms, together with any signed Service Agreement, applicable Specialist Addendum, and our Privacy Policy (collectively, "Contract"), form the entire agreement between the Parties and replace all prior terms.
2. Definitions & Interpretation
- Addendum - A specialist schedule (Employment Contingent, Accident Compensation, or Immigration Services) that forms part of the Contract when referenced in the Service Agreement.
- Advocate - the Consultant’s employee or subcontractor assigned to provide Services.
- Agreement - the executable document titled "Service Agreement" that records the scope, fee model, and key personnel.
- Authority to Act - the Consultant’s standard form, signed by the Client, authorising the Consultant to act in relation to the Dispute, receive settlement monies into its trust account, and endorse any related documents on the Client’s behalf.
- Business Day - Any day other than a Saturday, Sunday, or public holiday in New Zealand.
- Contingent Fee Basis - Fees calculated as a percentage of any Financial Settlement plus any administration fee set out in the relevant Addendum.
- Counterparty - the person or entity against whom the Client’s Dispute is directed.
- Disbursements - Third‑party costs incurred on the Client’s behalf, including filing fees, courier, experts, travel.
- Dispute - The matter described in the Service Agreement for which Services are provided.
- ERA - the Employment Relations Authority established under the Employment Relations Act 2000.
- ERA Filing Fee - the fixed application fee charged by the Employment Relations Authority (currently NZ$71.56 incl. GST, subject to change).
- EC - the Employment Court of New Zealand.
- Fees - all professional fees payable to the Consultant, whether hourly, fixed, or contingent, but excluding Disbursements.
- Financial Settlement - Any money paid by a third party to or for the Client to resolve the Dispute.
- HSWA - the Health and Safety at Work Act 2015 (NZ).
- Key Personnel - the individuals identified as such in the Service Agreement.
- Services - The advocacy, consultancy, or advisory work agreed in the Service Agreement.
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3. Consultant Obligations & Performance Standard
- Act with the skill, care, and diligence of a competent professional advocate.
- Comply with all applicable statutes, regulations, professional codes, and Health and Safety at Work Act 2015 (HSWA).
- Use reasonable endeavours to meet any timeline estimates (which are guidance only and may change).
- Maintain professional indemnity insurance of not less than NZ$ five hundred thousand dollars per claim.
- Ensure all personnel and subcontractors are appropriately qualified.
4. Client Responsibilities & Provision of Information
- Provide complete, accurate, and timely information requested by the Consultant.
- Attend meetings, mediations, or hearings and cooperate with reasonable requests.
- Maintain respectful conduct towards staff and other parties.
- Advise promptly of any change in contact details or circumstances affecting the Services.
- Pay invoices on or before the due date (14 calendar days from issue).
Client Site Safety:
- Where Services are provided at, or from, the Client's premises, the Client must comply with its duties under the Health and Safety at Work Act 2015, including providing a safe work environment, undertaking hazard identification, and supplying any required personal protective equipment to the Consultant's personnel.
Consultant‑Premises Safety:
- When attending any premises controlled by the Consultant, the Client must comply with all health‑and‑safety instructions, evacuation procedures, and personal‑protective‑equipment requirements notified by the Consultant in accordance with its obligations under the Health and Safety at Work Act 2015.
5. Fees, Disbursements, GST & Invoicing
- Fee methodology (hourly, fixed, or contingent) is specified in the Service Agreement or Addendum. All Fees are exclusive of GST, which is payable in addition. Disbursements are payable in advance or will be invoiced at cost. The Consultant may render interim invoices for significant or unexpected expenses in addition to regular billing cycles.
Primary Liability:
- The Client acknowledges and agrees that, regardless of any arrangement whereby a Counter‑party, insurer, funder, or other third party is expected to pay the Consultant's Fees and Disbursements, the Client remains primarily liable for all such amounts. Any direction to invoice or seek payment from a third party does not release the Client from this primary liability.
6. Overdue Accounts, Default Interest & Security Interest
- If an invoice is not paid in full by the due date, interest will accrue on the outstanding balance at 1.5% per month, calculated daily, until paid. The Consultant may suspend Services until all overdue amounts are received. To secure payment of all amounts owing, the Client grants the Consultant a first‑ranking, continuing security interest in all present and after‑acquired personal property under the Personal Property Securities Act 1999 (PPSA). The Client waives its rights to receive any verification statement or notice under sections 114, 116, 120, and 121 of the PPSA and agrees to pay all costs associated with registration.
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PPSA Registration Costs
- The Client shall reimburse the Consultant for any registration or renewal fees paid to the Companies Office (or equivalent registry) in relation to any financing statement or financing change statement lodged under the PPSA.
Collection Costs
- The Client shall pay, on demand, all costs (including legal fees on a solicitor–client basis, court filing fees, and debt‑collection agency charges) incurred by the Consultant in recovering any overdue amount, and such costs shall be added to and form part of the Client's debt.
Enforcement Costs
- For the avoidance of doubt, "costs" in the preceding paragraph include all solicitor–client legal costs, court filing fees, judgment‑enforcement fees, tracer fees, and any commission payable to a debt‑collection agency.
7. Confidentiality & Data Protection
- The Consultant will keep all confidential information in strict confidence except to carry out instructions, recover overdue fees, or where required by law.
- Files are stored on encrypted New Zealand servers with off‑site backups in Australia.
- Matter files are retained for seven (7) years after closure then securely destroyed.
- Personal information is handled in accordance with the Privacy Policy.
8. Conflicts of Interest
- The Consultant will conduct conflict checks before acceptance and notify the Client promptly if a conflict arises; the Consultant may cease to act if an unmanageable conflict is identified.
9. Intellectual Property
- The Consultant retains ownership of all templates, precedents, and proprietary methodologies. The Client receives a non‑exclusive licence to use deliverables solely for the purpose for which they were supplied.
10. Limitation of Liability & Warranties
- Services are provided on an "as‑is where‑is" basis. All implied warranties or conditions are excluded to the fullest extent permitted by law. The Consultant is not liable for any indirect or consequential loss including lost profit or business interruption. The Consultant's aggregate liability under the Contract is capped at the total Fees paid by the Client in the 12 months immediately preceding the event giving rise to the claim. Where the Client acquires Services for business purposes, the Consumer Guarantees Act 1993 does not apply.
11. Suspension & Termination
- Either party may terminate the Contract on 5 Business‑Days' written notice. The Consultant may suspend Services immediately if an invoice is more than 7 days overdue and may terminate with immediate effect if payment is not received within 3 days of suspension notice. Upon termination, the Client must pay all Fees and Disbursements incurred up to that date. The Consultant will return Client property upon request and payment of any outstanding amounts.
12. Complaints & Dispute Resolution
- If the Client has concerns, they should first contact the Lead Advocate. If unresolved within 10 Business Days, escalate to the Practice Manager. If still unresolved, either party may refer the dispute to independent mediation before commencing litigation.
13. Force Majeure
- Neither party is responsible for delay or failure to perform caused by events beyond their reasonable control, including natural disasters, pandemics, terrorism, labour disputes, or internet outages.
14. Notices
- Notices must be in writing and delivered by email or courier to the addresses set out in the Service Agreement and are deemed received on transmission (if sent before 5 pm on a Business Day, otherwise the next Business Day).
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