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Terms + Conditions
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  • These terms of engagement (Terms) apply to any provision of Services by The Advocate Limited (the Consultant) to its clients (each a Client), whether under the Contract or otherwise. The Client acknowledges and agrees that by executing an Authority to Act, engaging the Consultant or otherwise using any of the Services it will be bound by these Terms and the Privacy Policy.
  • Definitions: In these Terms, initially-capitalised terms have the meanings given to them below: Advocate means the Consultant's employee or sub-contractor assigned by the Consultant to provide Services to the Client in relation to the Dispute. . Agreement means any document(s) entitled Agreement for Consultancy / Advocacy Services or similar and made between the Client and the Consultant, as amended from time to time. Authority to Act means the Consultant's standard form under which the Client grants the Consultant authority to act in relation to the Dispute. . Client means the Party named as the Client in the Agreement. . Consultant means The Advocate Limited. Contingent Fee Addendum means the document entitled Contingent Fee Addendum and provided by the Consultant to the Client, as amended from time to time. Contingent Fee Basis has the meaning given to it in clause 6(b) of these Terms. Contract means collectively the Agreement, these Terms and (where applicable) the Contingent Fee Addendum. Counterparty means the person specified as the Counterparty in the Agreement. Dispute means the dispute between the Client and the Counterparty in respect of which Services are or are to be performed by the Consultant. EC means the Employment Court. ERA means the Employment Relations Authority. ERA Filing Fee means the ERA's fixed application fee of $71.56 (including GST) (as the same may be amended from time to time). Fees means any fees payable by the Client under the Contract and Fee means any of them.
  • . Performance obligations: In performing the Services, the Consultant shall:
  • Provision of information: The Client shall provide to the Consultant, free of cost, as soon as practicable following any request for information, all information in its power to obtain which be reasonably required by the Consultant to perform the Services. Any such provision shall be complete, accurate and timely to avoid impacting any applicable timelines. Fees,
  • disbursements and expenses
  • Consultant engagement: The Consultant shall perform the Services in accordance with the Contract
  • Limitation of warranties and Consultant's liability
  • Confidentiality:
  • Termination: The Consultant may suspend all or part of the Services, or terminate the Contract immediately by notice to the Consultant who shall immediately make arrangements to stop the Services and minimise further expenditure. The Client and the Consultant may (in the event the other Party is in material default) terminate the Contract by notice to the other Party. The Client may at its absolute discretion, terminate the Contract by giving written notice to the Consultant. Upon termination, the Consultant must return to the Client any property provided by the Client (including intellectual property, information in relation to the Services and/or equipment) that is in the Consultant's possession or control. Suspension or termination shall not prejudice or affect the accrued rights or claims and liabilities of the Parties.
  • Force majeure: The Consultant shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of its reasonable control, including but not limited to, acts of God, governmental actions, labour difficulty, war or national emergency, terrorism, fire, explosion, flood, earthquake, epidemic or pandemics (or any governmental mandate relating thereto), an act or omission of a third party, inability to obtain any materials, equipment, facilities or marketing services, failure of performance provided by others, internet interruption or breakdown of any software, hardware or communication network.
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