PB Employment Law - Terms of Engagement

 

If you have been sent a letter of engagement and want to accept the Terms of Engagement stated, please fill in your name and confirm that you have accepted these terms by clicking the ' I Agree' button below.

PB Law will receive an email confirming you have agreed to your Terms of Engagement.

 

Below are our general Terms of Engagement, please read them carefully:-

1. Financial

1.1 Fees are $350 per hour plus GST OR as set out in the letter of engagement.

1.2 Disbursements: we normally ask you to pay for disbursements. If we pay these on your behalf, we will add the disbursement to your invoice. We do not mark up disbursements in any way.

1.3 Payment: Fees are payable within seven (7) days of the date of invoice, unless we have made alternative arrangements. Although you may expect a third party to either pay your fees, or reimburse you for our fees, and although our invoices may be sent with your approval to a third party for payment, you are responsible for full payment of our invoices if the third party fails to do so.

1.4 If you will have difficulty paying our invoice when due, please discuss this with us. Failure to pay invoices on time may, at our discretion, lead to either suspension or termination of our services to you. We are not responsible for any loss or disadvantage you may suffer if we suspend or termination our services to you.

1.5 Penalty Interest & Debt Collection: Failure to pay invoices when due, may incur interest at 2% per month, at our discretion. You will be liable for all additional costs associated with debt collection, including all court costs, legal fees and all third-party debt collection costs incurred pursuing payment from you.

1.6 Personal Liability: If you are signing and / or accepting these terms of engagement on behalf of a limited liability company or trust then you personally guarantee payment of the account.


2. Management & Retention of files and documents

2.1 You give us permission to destroy or convert your file and documents into an electronic format after our engagement ends, unless you require the return of any documents.

2.2 You give us permission to retain your file until all our invoices are paid, contrary to the usual common law position which may otherwise exist.


3. Privacy & Confidentiality

3.1 We will hold in confidence all information concerning you and your affairs, except:

  • to the extent necessary or desirable to enable us to carry out your instructions; or to the extent required by law; or

  • to the extent necessary to recover payment of fees / money owed to us.

3.2 You authorise us to obtain from, or release to, any person or organisation any information necessary for the services we are to provide to you.


4. Information provided by the Client

4.1 You agree to give us all the information and documents we need in a prompt and timely manner. We are not liable for any loss or delay caused by not having the information we need.

4.2 You agree to keep us informed of your email address and phone number/s at all times. We are not responsible for any settlement offers expiring before we can contact you, if we do not have all your current contact details.


Copyright

Unless we agree otherwise, we retain copyright in all documents prepared by us for you. This particularly applies to individual employment agreements, which must not be given to, or used, by any other party.


Acceptance of Terms & Conditions

Your acceptance of these terms can be express or implied. Consent is express when you sign and return the Letter of Engagement or send us an e-mail stating that you accept the terms and conditions. Consent is implied when you instruct us to do work for you after we have sent you these terms of engagement.


General

7.1 We send employer clients a quarterly email newsletter, and employee clients an annual newsletter, about our firm and our services, and the law generally, unless you tell us not to.

7.2 We use Microsoft anti-virus software, and specific anti ransomware software across all our computers. We do not accept any responsibility or liability for any losses you may suffer due to viruses / malware or something similar originating from any electronic communication with you.

7.3 We use email to communicate with you and others regarding the work we are doing for you. Because email can be interfered with in a variety of ways, you accept the risks of communication by email, including the nonreceipt by you or others of any email communication.

7.4 Referrals are very important to us. If you are unhappy with the service you have received, please tell us and give us the opportunity to put things right. If you are happy with the service you have received, please tell others!