These Terms apply in respect of all work carried out by Bay Law Office for you, except to the extent that we otherwise agree with you in writing.  We are entitled to change these Terms from time to time.

 1. Services

The Services which we are to provide for you are outlined in our Letter of Engagement. Bay Law Office will act in the client’s best interests to carry out the clients instructions. Bay Law Office reserves the right to cease to act where the client cannot or will not provide instructions required in addition to those specified in our Letter of Engagement.

Bay Law Office will take reasonable steps to keep the client informed of the steps taken to carry out the client’s instructions.

2. Fees and invoices

By instructing Bay Law Office the client accepts liability to pay Bay Law Office’s account together with all disbursements incurred in respect of instructions. GST is payable by you on our fees and charges. Invoices are payable within 7 days of the date of invoice unless alternative arrangements have been made with us.  We may require interest to be paid on any amount which is more than 7 days overdue.  Interest will be calculated at the rates of 2% above the Bank of New Zealand’s 90 day bank bill buy rate as at the close of business on the date payment became due.

We may ask you to pre-pay amounts to our trust account, or to provide security for our fees and expenses.  You authorise us to debit against amounts pre-paid by you and to deduct from any funds held on your behalf in our trust account any fees, expenses or disbursements for which we have provided an invoice.

3. Disbursements

In providing the Services Bay Law Office may incur disbursements or have to make payments to third parties on your behalf.  These will be included in our invoice to you. We may require an advance payment for the disbursements or expenses which we will be incurring on your behalf.

4. Trust Account

We maintain a trust account for all funds which we receive from clients (except monies received for payment of our invoices).  If we are holding significant funds on your behalf we will normally lodge those funds on interest bearing deposit with a bank.  An administration fee will be charged for this.

5. Joint and Several Liability

If there is more then one person comprising the client, each person is jointly and severally liable for payment in due time of all Bay Law Office accounts and other charges.

6. Lien

Where work has been done by Bay Law Office but we have not been paid by the client then as a general rule Bay Law Office has the right to retain original documents and correspondence on the client’s file until such time as all outstanding fees, disbursements and other expenses have been paid. This is known as a lien. This will be particularly important in circumstances where the client decides for whatever reason to instruct another firm. That other firm may be obliged to give an undertaking to pay Bay Law Office all outstanding fees and disbursements before the client’s file is released.

7. Confidentiality

Bay Law Office will hold all information concerning the client’s business and affairs in strict confidence and will not divulge such information except where required or permitted to do by law, or where the client expressly or impliedly authorises the firm to make such disclosure.

8. Retention of Files and Documents

You authorise us (without further reference to you) to destroy all files and documents for this matter (other than any documents that we hold in safe custody for you) 10 years after our engagement ends, or earlier if we have converted those files and documents to an electronic format.

9. Termination

You may terminate our retainer at any time. We may terminate our retainer in any of the circumstances set out in the Rules.  If our retainer is terminated you must pay us all fees due up to the date of termination and all expenses incurred up to that date.

10. Conflicts of Interest

We have procedures in place to identify and respond to conflicts of interest.  If a conflict of interest arises we will advise you of this and follow the requirements and procedures set out in the Rules.

11. Limitations on extent of our obligations or liability

Any limitations on the extent of our obligations to you or exclusion of liability are set out in our letter of engagement.