Terms of engagement

Investigations International (NZ) Limited

1. About these terms of engagement
  1. 1.1 These terms of engagement together with any covering letter of engagement represent the terms which will govern our professional relationship in providing you with investigations and related services.
  2. 1.2 By instructing us you are deemed to have accepted these terms.
  3. 1.3 These terms will apply to this engagement and whenever you ask us to act for you unless they are varied by us in writing.

2. Scope of our engagement
  1. 2.1 We will provide you with advice and investigation services that properly fall within your instructions to us.
  2. 2.2 Our engagement is with you. Any advice applies to you only and is not intended to be relied on or provided to any third party.
  3. 2.3 We do not accept responsibility for any loss or damage that may be suffered by any third party in respect of the investigation or related services that we provide to you.
  4. 2.4 We do not provide financial advice.
  5. 2.5 When your instructions on a matter are completed, or you do not give us instructions in a timely manner, our representation will end. We will only advise you further on issues arising from the matter (e.g. implementation, dates, changes in relevant law) if you expressly engage us to do so in writing.

3. Person(s) responsible for your matter
  1. 3.1 The staff members who will have the overall responsibility for each matter are the persons identified in our letter of engagement accompanying these terms or otherwise notified to you.

4. Authority
  1. 4.1 You authorise us to make those enquiries and investigations and including credit checks and to take all steps including the disclosure of information provided by you to us which we consider appropriate for the conduct of your matter.
  2. 4.2 You authorize us to destroy all files and documents 7 years after our engagement ends, or earlier if we have converted the documents to electronic format.

5. Our fees
  1. 5.1 Our fees are based on a number of factors, including:
    1. 5.11 Time and attendance, charged at our current hourly rates (plus GST);
    2. 5.12 The skill, specialised knowledge and responsibility required;
    3. 5.13 The complexity of the matter and the difficulty or novelty of the issues involved;
    4. 5.14 The urgency and circumstances in which the matter is carried out;
    5. 5.15 The value or amount of property involved; and
    6. 5.16 The number and importance of documents prepared and considered
  2. 5.2 Please be aware that if we are required to work under urgency or outside of normal business hours to meet your objectives, we are entitled to increase our fee.

6. Disbursements and other charges
  1. 6.1 In addition to our fees for investigation and related services, our charges may include disbursements and office expenses.
  2. 6.2 Disbursements include out of pocket expenses such as registration and filing costs, Court charges, service agent fees, on-line search fees, and travel and accommodation costs, if your matter requires it.
  3. 6.3 Office expenses may include photocopying, printing, phone, facsimile, deliveries and similar. These may be charged at a standard rate equal to 2.5% of our fees.

  1. 7.1 We can provide you with an estimate of potential fees in respect of your matter on request. However, our estimates are based on our professional judgment and will be a guide only and not a fixed quote.

8. Funds in advance
  1. 8.1 Before we undertake or continue work on your matter there may be occasions where we require you to provide us with funds in advance for payment of disbursements or on account of our anticipated fees.
  2. 8.2 Funds paid in advance will be held in our trust account and you authorise us to use any funds to pay any disbursements as they fall due, as well as our fees immediately upon rendering an account.

9. Billing
  1. 9.1 We render accounts monthly and at the end of a matter or transaction. In some circumstances we may render accounts more or less frequently.
  2. 9.2 You agree to raise any queries about any account within 14 days from the date of the account.

10. Payment of our fees
  1. 10.1 Payment of an account is due 14 days from the date of the account unless we agree in writing to a special arrangement.
  2. 10.2 Although you may expect to be reimbursed by a third party for our fees and expenses, and/or you may direct that our accounts be sent to a third party, you remain responsible for payment to us.
  3. 10.3 We may charge interest at a rate of 12% p.a. on any amount which is not paid by the due date for payment. You agree to pay all collection costs (on a full solicitor/client basis) until the debt is paid in full.
  4. 10.4 If an account is not paid by the due date for payment we may cease working on your matter until payment is received. Alternatively, we may cease working for you altogether. We retain custody of your papers or files until all accounts are paid in full (including interest).
  5. 10.5 In the event that the engagement is terminated you will pay all fees (including un-rendered accounts) and disbursements up until that time.

11. Engagement of other professional service providers
  1. 11.1 From time to time it may be appropriate to engage the services of another service provider or expert.
  2. 11.2 We will not be directly responsible for payment of an expert’s costs and you may be asked to enter into a cost agreement directly with the other expert service provider.

12. Electronic transmissions
  1. 12.1 Email is a common means by which we may communicate with you and other parties in connection with your matter or in the provision of other information.
  2. 12.2 Email is not secure and may contain defects, such as viruses. We will not be responsible for any damage or loss caused by an email containing a defect; or for any unauthorised interference or interception with emails after transmission; or any delay or non-delivery of emails.

13. Concerns and complaints
  1. 13.1 In the event that you do not consider that your matter has been handled appropriately please contact our managing director on: noel@investigations.co.nz
  2. 13.2 We will respond to your concern in writing and/or will request a meeting with you to discuss your concern.
  3. 13.3 If you are not satisfied with the outcome then you have the right to address your concern through the registrar of private investigations.

14. Law and Jurisdiction
  1. 14.1 These terms of engagement and any other agreement that we have with you are governed by New Zealand law and are subject to the exclusive jurisdiction of the New Zealand Courts.