Terms of Engagement
The following conditions set out the Terms of Engagement on which Cramer Law provides legal services to our clients, together with our Letter of Engagement and Client Care Charter.
These will apply whenever you engage Cramer Law to act for you, subject to any additional terms agreed in writing. You accept and agree to these standard terms by continuing to engage us.
The services which we are to provide you with shall be outlined in out letter of engagement.Unless we agree otherwise in writing, our services are provided to you and not to any other party, including any person associated with you. No other person may use or rely on our services.
Maintaining client confidentiality is fundamental. We do not disclose any confidential information unless required and authorised by a client, general law, or the New Zealand Law Society’s (NZLS) Rules of Conduct and Client Care for Lawyers.
We do not accept any liability for loss arising from non-receipt of any communication including but not limited to emails.
We may correspond with you and others by electronic communication, unless you instruct us not to do so. As you are aware emails are not secure. They may be read, copied or interfered with in transit. We do not accept responsibility and will not be liable for any damage or loss caused by an e-mail that is intercepted, or has a virus or other defects.
If you prefer us not to use email, please let us know so that other arrangements can be made. If you have any concerns regarding the authenticity of any communication or document purportedly sent by us, please contact us immediately.
Conflict of Interest
We have procedures in place to identify potential for conflicts of interest. If a potential conflict of interest arises, we treat our clients in an even-handed manner and address potential conflicts in such a way as to resolve them in our client’s best interests.
The fee we will charge or the basis upon which it will be calculated will be set out in our letter of engagement relating to your instructions.
Office Service Fees and Disbursements
We charge a service fee to cover incidental office charges. This fee, which is currently set at 4% of the charge for our legal services, covers costs such as legal forms, photocopying, internet, tolls, texts, postage and couriers.
In addition we will charge you for disbursements such as court filing fees.
GST (if any) is payable by you on our fees and charges.
Accounts and Payments
Generally we will send you an account when the matter is concluded. We may also send interim accounts (normally monthly). Our accounts are payable within 7 days of the date of the invoice.
We may deduct from any funds held on your behalf in our trust account any fees, expenses or disbursements for which we have provided an invoice.
You are liable to pay our accounts whether or not you have a right of recovery from a third party and whether or not a third party seeks a review of our charges. If an account is not paid, we may choose not to do any further work and retain custody of your file until all accounts are paid in full or alternative arrangements are made. We may also charge interest at 2% per month on any amount outstanding one month after the date of the invoice.
Where work has been done by us, but we have not been paid, then you agree that we have the right to retain all documents and correspondence on your file until such time as all outstanding fees, disbursements and other expenses have been paid.
You further agree that we shall be entitled to exercise a general lien over any other property that may come into our possession until all our costs and charges been fully paid. You also agree to pay all costs and expenses associated with exercising any such lien including but not limited to storage and insurance.
We also reserve the right to register a security, including but not limited to 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 documents should this be required. You further agree to pay all costs and expenses associated with registering any such security.
If we have to take steps to recover any unpaid account, the costs of recovery including debt collectors’ charges and legal fees shall be payable by you.
If during court proceedings, an order is made, requiring another party to pay your court costs, that order will not affect your liability to pay our costs and expenses in respect of this matter. If the court makes an order that you pay another partys legal costs, (eg should you lose the case), those costs are separate to and additional to those payable to us in respect of the matter.
Retention of Files and Documents
You authorise us (without further reference to you) to destroy your file and any associated documents (other than documents we hold for you in safe custody) 7 years after we close the file, or earlier if we have converted the file and documents to an electronic format.
You may terminate our retainer at any time. We may terminate your retainer in any of the circumstances set out in the Law Society’s Rules of Conduct and Client Care for Lawyers or for non payment of fees. If our retainer is terminated you must pay all fees due up to the date of termination and all expenses incurred up to that date.
These terms and any other agreement we have with you are:-
(a) governed by New Zealand law;
(b) subject to the exclusive jurisdiction of the New Zealand courts; and
(c) binding on you and your executors, administrators and successors
You may not assign or transfer any rights or obligations under these terms of any other agreement that we have with you.
These terms apply to any current engagement and also to any future engagements, whether or not we send you another copy of them. We are entitled to change these terms from time to time, and will publish the changed terms on our website.
Acceptance of terms of engagement
By instructing us to provide you with legal services you are deemed to have accepted these terms of engagement.
Legal Terms and Conditions of Website Use
We means the website owner Cramer Law Limited and all sharholder(s) and director(s) of Cramer Law Limited.
Website or site means the website appearing on the domain name lawyers-auckland1.co.nz including all subdomains and add on domains.
These Terms apply exclusively to your access to, and use of, this website.
The information appearing on this website is intended for general informational purposes only shall NOT be considered a substitute for face-to-face legal advice. It should not be relied upon as the sole basis for taking action in relation to a legal issue. Laws frequently change.No liability whatsoever is accepted for loss, damage or inconvenience arising in any way from the use of this site.
Copyright, Proprietary Content and Trademarks
All Site materials, including, without limitation, logos, design, text, graphics, software, other files, and the selection and arrangement thereof (individually and collectively, the (“Content”) are proprietary of the website owner(s) and protected by New Zealand and international copyright and other intellectual property rights, laws and treaties. Copyright (c) 2013 Cramer Law Limited ALL RIGHTS RESERVED.
Access to and use of the Site is expressly governed by these Terms.
You may not decompile, reverse engineer or otherwise attempt to discover the source code of any element of the Site. You agree not to take any action to jeopardize, limit or interfere with the website’s owner(s) ownership of and rights with respect to the Site and Content. Any copying, uploading, reproduction, transmittal or redistribution of the Content which is not in expressly authorized by these Terms is strictly prohibited. You understand and agree that making modifications to, creating derivative works based on, or any unauthorized use of, the Content or any other elements of the Site is expressly prohibited.
You agree you will not upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
We make no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of us and we are not responsible for the content of any linked site or any link contained in a linked site, or any review, changes, or updates to such sites. The inclusion of any link does not imply affiliation, endorsement, sponsorship or adoption by the Company of the site or any information contained therein. When leaving the Site, you should be aware that the Company’s Terms and Policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, AVAILABLE THROUGH IT ARE PROVIDED ON IT IS ON AN AS-IS; AND AS AVAILABLE BASIS, AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THIS SITE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. YOU ACKNOWLEDGE THAT WE ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS OR RELIABILITY. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR SERVICES OFFERED THEREIN. ALTHOUGH WE STRIVE TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SITE, WE DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF VIRUSES, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL OR DESTRUCTIVE CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS. IN ADDITION, WE DO NOT WARRANT THAT ACCESS TO THIS SITE AND ANY FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. WE DISCLAIM ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED, UPDATED OR CORRECTED. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THIS SITE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW. The terms of this section shall survive any termination of the Terms.
Limitations on Liability
IN NO EVENT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE OR INTENTIONAL ACTS, SHALL WE BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE SITE; (II) THE USE OR INABILITY TO USE THIS SITE; (III) THE PURCHASE OR USE OF ANY SERVICES THROUGH THE SITE; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (V) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, OR FILE CORRUPTION OR SERVICE INTERRUPTIONS (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS); OR (VI) OTHERWISE UNDER THIS AGREEMENT, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THIS SITE IS TO DISCONTINUE ANY USE OF THIS SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE OUR LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $20 (TWENTY NEW ZEALAND DOLLARS) IN THE TWELVE (12) MONTH PERIOD PRECEDING ANY SUCH CLAIM.
We will not be liable in any amount for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including without limitation Internet outages, electrical or communications outages, fire, flood, terrorism, acts of God or nature, or war. The terms of this section shall survive any termination of the Terms. Any attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access.
Materials provided to our site. We do not claim ownership of the materials you provide to us including feedback, comments and suggestions. However, by posting, uploading, emailing or providing feedback or comments you are grant us permission to use your material in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your materials submitted.No compensation will be paid with respect to the use of submitted materials, as provided herein. We are under no obligation to post or use any materials you may provide and may remove any materials submitted at any time in our sole discretion.By posting, uploading, emailing, commenting or providing or submitting your materials you warrant and represent that you own or otherwise control all of the rights to your submitted materials as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the materials.
You agree to indemnify, defend and hold us harmless and indemnify us at your expense, against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys’ fees and other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to your: (i) violation or breach of any term of these Terms or any policy or guidelines referenced herein; (ii) use or misuse of this Site, the Content, any User Content, or any other element of the Site; or (iii) other violation of any rights of a third party. The terms of this section shall survive any termination of the Terms. Changes to the Site We may, in our sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of the Site or any products available through the Site, temporarily or permanently, including the availability of any features of the Site or access to any parts of the Site, at any time without notice to you, and you agree that the we shall not be liable.
This Site is controlled, operated, and administered in New Zealand. We make no representation that materials on the Site are appropriate or available for use at other locations outside of New Zealand and access to them from territories where the contents available through the Site are illegal is prohibited. If you access this Site from a location outside of New Zealand, you are responsible for compliance with all local laws.
These Terms shall be governed by and construed in accordance with the laws of New Zealand, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the Terms or your use of the Site shall be filed only in the Courts of New Zealand, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of the Terms.The terms of this section shall survive any termination of the Terms.