Terms of Trade

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These Terms of Trade (the Terms) apply in respect of all work carried out by me, Ashleigh Beech and/or any employee or contractor of reports.co.nz, except as otherwise agreed in writing. In the Terms “me” includes Ashleigh Beech and/or any employee or contractor of reports.co.nz.

In the Terms, ‘the Client’ means any person that instructs me to perform work, or any person acting on behalf of and with the authority of a person who is instructing me to perform work. Neither identification nor signature are a requirement to be bound by the Terms.

In the Terms, ‘Services’ means those services that are identified by any invoices or other documents or statements describing the services supplied, or to be supplied, by me to the Client.

1. General

1.1. I agree to supply, and the Client agrees to purchase the Services referred to on an invoice issued by me.

1.2. The invoice may contain additional terms and conditions for the supply of relevant Services. In the event of any inconsistency between the Terms and the invoice, the invoice shall prevail.

1.3. The Client cannot cancel any instruction of Services after the issue of a tax invoice and is bound to pay the price of these Services, unless expressly agreed otherwise in writing.

2. Fees

2.1. My current hourly rate is $250 plus GST.

2.2. I charge a reduced hourly rate for travel, being 50% of my current hourly rate. I charge the IRD rate of .79c per kilometre measured to and from Hamilton central if your services require me to travel out of Hamilton.

2.3. Generally, my fees reflect the time I spend on a matter, charged at my current hourly rate.

2.4. If you have been provided a quotation prior to me commencing Services I will notify you if the Services I am to provide are going to incur further costs.

3. Payment

3.1. The Client must pay all amounts set out in each tax invoice issued by me, without any set-off or deduction, by the due date and in the manner specified in the invoice.

3.2. If the amount due is to be met by Legal Services, the amounts set out in the tax invoice must be paid within three (3) days upon the Client receiving payment from Legal Services. If there is a delay in payment due to Legal Services, the Client will keep me informed of that delay.

3.3. If any amount is not paid by the Client when due, the Client will, on demand, pay interest on the overdue amount. Interest will be calculated at the rate of 20% above the ANZ’s 90-day bank bill buy rate as at the close of business on the date payment became due.

3.4. Although you may expect to be reimbursed by a third party for my fees and expenses, and although invoices may at your request or with your approval be directed to a third party, the Client remains responsible for payment to me if the third party fails to do so.

3.5. Any invoice that remains unpaid for more than 30 days from the due date may be forwarded to a third party to collect payment. Any costs incurred in enforcing payment of unpaid invoices, whether by a third party or me, is payable by you.

4. Supply of Services

4.1. The Services will be supplied on the basis specified on the relevant service confirmation, or as otherwise agreed in writing.

4.2. I am not liable for any failure to supply any Service caused by the Client’s failure to provide adequate instructions relevant to the supply of Services.

5. Confidentiality and electronic communications/storage

5.1. I will hold in confidence all information concerning the Client and Client’s affairs that is acquired during the course of providing Services.

5.2. I will not disclose any of this information to any other person except to the extent necessary or desirable to enable me to carry out the Client instructions; or to the extent required by law. Confidential information will as far as practicable be made available only to those within or contracted to my practice.

5.3. Unless otherwise agreed by the Client, I will communicate with the Client and others by electronic means. While I take all care to ensure the security of such communications, they are from time to time subject to interference or interception, or certain viruses or other defects. I do not accept any responsibility and will not be liable for any damage or loss caused in connection with the corruption of an electronic communication.

5.4. The Client’s documents will be stored electronically, both on my computer and off-site including within the Cloud (Dropbox).

6. Termination

6.1. The Client may terminate this agreement at any time. If the retainer is terminated, the Client must pay for all Services completed up to the date of termination and all expenses incurred by me up to that date.

6.2. I may terminate the retainer at any time for good cause and after giving the Client reasonable notice specifying the grounds for termination.

7. Scope of the Terms

7.1. The Terms apply to any current engagement and to any future engagement, whether or not I provide the Client with another copy of them.

7.2. These Terms together with the relevant sales confirmation and/or invoice constitute the entire agreement between the parties for the supply of Services and supersede and exclude any previous representation, agreement, arrangement or correspondence on the matter, any terms or documents submitted by the Client and any terms implied by trade, custom, practice or course of dealing.

7.3. Any waiver or variation of these Terms will not be effective unless and to the extent expressly agreed in writing by me.

7.4. The Client may not assign any of its rights and obligations to any person without my prior written consent.

7.5. If any provision of these Terms is held by any court or administrative body of competent jurisdiction to be illegal, void or unenforceable, that provision will be amended to the extent necessary to make it legal, valid and enforceable without altering its meaning or intent or, if that is not possible, that provision will be severed from these Terms. In any event, the remaining provisions of these Terms will remain in full force and effect.

7.6. These Terms are governed by New Zealand law. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of New Zealand.

8. Amendments and versions of the Terms

8.1. The Terms are subject to change in which case I will notify the Client of the amended Terms.

8.2. The most recent version of these terms will be available on my website.

8.3. I retain all previous versions of the Terms.

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027 223 9516 ashleigh@reports.co.nz

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