TERMS OF ENGAGEMENT
With regard to the general aspects of the engagement, it is understood and agreed that:
- The client accepts responsibility for all records and information supplied to Three Six Nine Limited (TSN) and for its completeness and accuracy.;
- The client accepts responsibility for any failure to supply TSN with all relevant records and information;
- The client accepts responsibility for ensuring that all relevant records and information are at the offices of TSN or as otherwise agreed in reasonable and sufficient time for processing to be completed by TSN before any statutory or other deadline;
- Where the services of an external consultant are required, involving the disclosure of confidential client information, the client’s prior consent will be obtained by TSN;
- The client accepts that work papers, drafts, internal memoranda and similar documents prepared by TSN in connection with the engagement remain the property of TSN at all times;
- The client accepts that TSN shall have the right to exercise a possessory lien over any records in their possession relating to any outstanding fee;
- The arrangements outlined herein will continue in effect from year to year unless varied in writing.
- The client accepts that, where included, a Disclaimer of Liability by TSN forms part of the arrangements and is to remain attached to all information distributed to third parties;
It is understood and agreed that TSN may provide general business advisory services from time to time, as required or as requested by the client.
Information and Disclosure:
The conduct of this engagement is in accordance with the professional standards, rules and ethical requirements of generally accepted. Information we obtain in the course of this engagement is subject to confidentiality requirements, in addition to our obligations under the Privacy Act 1993.
We will not disclose that information to other parties, without your express consent, except as required by law or professional obligations.
Limitation of Liability:
We will not be responsible or liable if information we need to carry out our tasks properly is withheld or concealed from us or wrongly represented to us. Any claim against us must be made and notified to us within six months of the date we complete the work set out in this agreement.
Terms of engagement may vary from time to time depending on the nature of the engagement and/or the relationship TSN has with the client. Variation of the general Terms of Engagement may occur by mutual agreement.
TERMS OF TRADE
Three Six Nine Limited (TSN) base fees on the time spent on your business matters, and value of
Service provided. In determining a fee, we take into account:
- The skill and knowledge required for the type of professional services involved;
- The level of training and experience of the persons necessarily engaged in performing the professional services;
- The time necessarily occupied by each person engaged in performing the professional services;
- The degree of risk and responsibility that performing those services entails;
- The importance of the matter to the client;
- The complexity of the matter and the difficulty of the work involved;
- The urgency and circumstances in which the professional services are performed.
A deposit of 30% of the total invoice is required before work will commence, the balance of the invoice is to be paid in full within 10 working days of completion of work. For fees of up to and less than $150NZD payment needs to be made in full before work will commence.
For ongoing monthly plans fees will be calculated monthly. Each fee invoice represents work completed by us to the date indicated in that account and will be forwarded to you by the 5th of the month following the fee date.
For payments made by credit, there will be a 3.1% surcharge on the amount of the total invoice.
Upon completion of work, TSN allows for up to two revisions to be submitted. Further revisions will be billed at the hourly rate for the respective service.
All itemised out-of-pocket expenses for any project related travel for TSN staff will be billed separately and at cost. This includes any reasonable transportation, meals, lodgings and incidentals expenditure incurred for digital or consulting purposes
Disbursements are payments made by us on your behalf. These costs are passed on to you as part of our normal billing.
As the work is carried out for a Company and/or Trust, it is acknowledged that the work is being carried out at the request of those persons who sign this letter as Directors and/or Trustees and such persons accept responsibility and liability jointly and severally for the payment of the account.
If the account is not received by due date, TSN shall be entitled to look to any or all of the parties signing this letter for payment without being obligated first to seek or enforce payment from the client itself.
If payment of any account is not received by the due date:
- We may decline to continue further work until the account is paid or arrangements made for payment.
- In accordance with normal commercial practice, we may charge a late payment penalty on any balance outstanding after due date at a rate of 2.5% per calendar month or part thereof compounded from due date to date of actual payment.
- We reserve the right to place any outstanding account in the hands of our Solicitors or debt collection agency for collection by legal action if necessary. In those circumstances, the client and each of the signatories consent to TSN providing its solicitors or debt collection agency with such details relating to the client and the signatories as may be necessary to collect such outstanding account. In the event that the account is placed with our Solicitors or debt collection agency, all fees and/or Court costs incurred in recovery action will be added to the amount owing and will be recoverable from the client and/or the signatories.
Right to Claim a General Lien over Books and Records:
It is agreed that TSN shall be entitled to exercise a general lien over all the books, records, related documents and other such chattels that may come into our possession for the purpose of performing professional services for you until all our costs and charges whatsoever for professional services of any nature to you have been fully paid.
Ownership of Books, Records and Other Documents:
It is agreed that ownership of all documents supplied by you to assist in the performance of professional services on your behalf shall remain your property. It is also agreed that all documents produced by TSN in the performance of these professional services shall remain our property. For the avoidance of doubt, it is agreed that we shall retain ownership of all work papers and drafts created and used by TSN in the course of performing professional services for you.
Payment is due on the 20th of the month following the date of the invoice and may be made direct credit to a bank account nominated by us.
If there are any issues concerning the amount of our fee, they must be communicated to us in writing within 10 days of the date of the invoice; otherwise it is agreed that the amount is due and payable.
Should you require further information or clarification, please telephone Sam Jaffe 021 611 573, Theo Field 021 919 484 or George McNabb 021 0252 4103.
Authorisation to obtain information subject to the Privacy Act
You authorise TSN to communicate with the appropriate bankers, solicitors, finance companies and other persons or organisations to obtain such further information as is required to carry out the above engagement.
Website Maintenance and Upkeep
By default, all threesixnine websites include a free ongoing service component which contains the following: managing security, any relevant technological updates, ensuring uptime, fixing anything that breaks and significantly impacts the site’s functions and ensuring the site functions as originally intended.
What this does not include, however, are voluntary/non-critical changes, such as updating photos, text, placement or anything of this nature. For these services to be provided, they must either be discussed and included in the original cost of the website (and priced accordingly) OR they will be provided at our standard rate for billable hours – $80+GST per hour.