The terms and conditions below should be read in conjunction with the standard Terms of Engagement letter.
In consideration for Associated Business Advisors Limited (ABA) agreeing (or continuing) to work for you, the client, you agree that any engagement for the provision of services by ABA to you (or any entity related to you) is upon the terms set out in our Standard Engagement Letter.
Unless otherwise stated by ABA, all services are provided on a time and attendance basis. These services include written and oral advice.
Definitions of Terms used
1. “ABA”, “we”, “us” and “our” shall mean Associated Business Advisors Limited, any subsidiary or related entity, or any agents, employees, or any subsequent entity renamed from any of the above.
2. “You” shall mean the client, any person acting on behalf of and with the authority of the client, or any person purchasing services from us with perceived authority from you.
3. “Services” shall mean all professional services provided by us to you on your instructions, including professional accounting services, Audit services, company formations, preparation of Trust Deeds, formation and administration of Trusts, professional advice, tax consultancy, professional Trustee services through related entities including associated Trustee Companies, software installation and support or any fee, charge or disbursement cost associated with the supply of any services by ABA to you.
Responsibilities of Associated Business Advisors Limited
1. We will provide the agreed services in accordance with your instructions with reasonable skill, care and diligence in accordance with the professional standards, rules and ethical requirements of the New Zealand Institute of Chartered Accountants.
2. The obligation on us to perform the agreed services, is subject to:
a) you complying with your responsibilities as stated in our standard Terms of Engagement letter;
b) Any third party performing their respective obligations within a reasonable time. If we are experiencing delays which can affect the performance of our services, we will contact you.
Any instructions we receive from you for the supply of our services shall constitute acceptance of our standard Terms of Engagement.
Use of Information
As a result of providing services to you we will obtain personal information which you authorise us to collect, retain and use in accordance with our standard Terms of Engagement.
In respect of any services we provide you with, no claim for direct or indirect damage against us, shall in any case, exceed the fee rendered for the services, in respect of which such damage arose.
You shall indemnify ABA against all claims of any kind brought by any person or entity in connection with any services provided to you, in consideration for ABA agreeing to act as your tax agent and perform the services covered by our standard Terms of Engagement.
The Consumer Guarantees Act 1993, the Commerce Act 1986, the Fair trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon us which cannot by law (or which can only to a limited extent by law) be excluded or modified. Our liability shall only apply to the minimum extent required by any statute. You acknowledge that if our services are provided to you for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 shall not apply to our supply of such services.
New Zealand Jurisdiction
The standard Terms of Engagement and all relationships and attendances resulting from it are to be administered and interpreted in all aspects in accordance with New Zealand law.
Failure by us to enforce any of the terms and conditions contained in our standard Terms of Engagement shall not be deemed to be a waiver of any of the rights or obligations. If any provision or item of our standard Terms of Engagement fails, all remaining provisions shall remain in force.
Cancellation and Suspension
We have the right, without notice, to suspend or cancel in whole or in part, any agreement for the supply of services to you if you breach any of your obligations or fail to pay any money owing after the due date.
Where there is any cancellation or suspension of our services, you agree to pay us all amounts outstanding at the time (including amounts for partially completed services and all disbursements and other fees incurred by us whether directly or indirectly as a result of the cancellation or suspension).
We shall not be liable for any delay or failure to perform our services as a result of any Act of God or if the cause of the delay or failure is beyond our control.
You shall not assign all or any of your rights or obligations under the standard Terms of Engagement without the written consent of ABA.