Aspiring Law Aspiring Law

Menu

BizClub Terms & Conditions

TERMS OF USE

1. These terms apply to Bizclub membership and you as a Bizclub Member (‘you”), unless otherwise agreed in writing. Access to and participation in Bizclub membership is subject to these terms of use. Your acceptance of these terms is assumed by your continuing to be a member of Bizclub.

2. Aspiring Law Limited (“we”) reserves the right to alter these terms at any time and to advise you of new terms of use to apply from that date.

3. Bizclub is owned by Aspiring Law Limited. All intellectual property in Bizclub is owned by Aspiring Law Limited. You are permitted to download, view, copy, print and store material published on the Bizclub website for your personal use as a Bizclub Member. Ownership of the copyright in all documents prepared by us remains with us.

4. We will provide the member benefits described in the Bizclub membership category you have chosen. The member benefits are personal to you and may not be assigned any other party. Our duty of care is to you and not to any other person. Before any other person may rely on the advice or BizClub membership benefits we give to you, we must expressly agree to this.

5. We will assign the Aspiring Law team member most suited to your work but if you have any concerns, please speak with one of the directors of Aspiring Law Limited.

6. You agree to provide information that is true, accurate, and not misleading.

7. You agree to pay the Bizclub membership fee and any additional fees plus GST and disbursements for work done over and above that covered by your BizClub membership.

8. Work in addition to your Bizclub membership will be charged on a time and attendance basis in accordance with Aspiring Law Limited terms of engagement for legal work and information for clients as set out below (which will be amended from time to time). Those charges reflect factors such as specialist knowledge, complexity, importance, the value of any property involved, skill/ responsibility, urgency, the results to be achieved, and the time spent on the matter. Details of the charges will be set out in our engagement letter for the additional work.

9. We may deduct from any funds held on your behalf in our trust account any amounts you owe us.

10. We will do our best to meet your timing requirements and will keep you informed of progress.

11. In advising you we may rely on information obtained from third parties (government agencies, registers or expert witnesses etc.). We do not guarantee the accuracy or completeness of this information, nor accept liability for any damage or loss caused by errors or omissions in information obtained from third parties.

12. We may communicate with you and others by electronic means (emails etc.). While we have virus detection and internet access security software, we do not accept liability for any damage or loss caused in connection with, corruption of, or interference with, an electronic communication.

13. Client confidentiality is important to us. We do not divulge confidential information unless authorised by you, or by law. However, trust auditors and/or professional indemnity insurance underwriters may view your file.

14. Our trust account records are stored indefinitely in an electronic form. However, we only retain hard copies for seven years. Files, correspondence and other items are routinely destroyed after five years. Deeds, formal documents and negotiable securities are retained indefinitely in our storage.

15. Either of us may terminate your BuzClub membership at any time.

16. If you are a couple or partnership, we are authorised to act on the instructions of either of you or of any partner. If you are a company, we are entitled to act on the instructions of any director. If you are a trust, we are entitled to act on the instructions of any of the trustees.

17. Our relationship with you is governed by New Zealand law and New Zealand courts have non-exclusive jurisdiction

TERMS OF ENGAGEMENT

These terms apply to all work undertaken for our clients (‘you”), unless otherwise agreed in writing. Your acceptance of these terms is assumed by your continuing to engage us.

1.Aspiring Law Limited (“we”) reserves the right to alter these terms at any time and to advise you of new terms to apply from that date.

2.We will provide the services described in the engagement letter (‘the Services”) promptly and efficiently, with reasonable care and skill.

3.Our duty of care is to you and not to any other person. Before any other person may rely on our advice, we must expressly agree to this.

Working With You

4.You will be working with an agreed partner, solicitor or legal executive. Others may be asked to assist. If you have any concerns, please speak with the partner responsible or any other partner.

5.You agree to provide information that is true, accurate, and not misleading.

Charges

6.If our agreement is to charge on the basis of time we will interim bill on a monthly basis.

7.Our fees reflect factors such as specialist knowledge, complexity, importance, the value of any property involved, skill/ responsibility, urgency, the results to be achieved, and the time spent on the matter.

8.The expression Disbursements used in our statements means money paid on your behalf e.g. Court filing fees, Land Information Memorandum fees, Land Information New Zealand fees, or travel and accommodation costs. You may be required to pay some of these fees in advance.

9.The expression Office Expenses used in our invoices includes internal charges such as stationery, postage, tolls, photocopying and faxing. We will charge you Office Expenses incurred during the course of providing the Services.

10.We may agree our fee for the Services and the time of payment with you before commencing to provide the Services. You will have to pay us GST on the fee as well. Details of our fee will be set out in our Engagement Letter.

11.When acting for private companies we may require personal guarantees from directors and/ or principal shareholders.

12.If unexpected issues arise and you require services in addition to the Services, or the matter does not proceed, we will agree a new fee with you.

Payment of Accounts

13.Accounts are payable on receipt of invoice. We may charge interest at current credit card rates on any amount outstanding after the 20th of the month following invoice.

14.You may make arrangements to pay off your account with us provided it is settled in full within 3 months of the date of invoice.

15.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.

16.It is not our usual practice to suspend work on a file pending payment of our account, but we reserve the right to do so.

17.If your account is unpaid we may pursue its recovery and you agree we may use and disclose any personal information (as defined in the Privacy Act 1993) for that purpose and that you will pay in addition to the amount outstanding the full costs of collection.

18.We will retain custody of all files, documents and funds held on your behalf until all accounts are paid.

Timing

19.We will do our best to meet your timing requirements and will keep you informed of progress.

Urgency

20.If you ask us to do your work urgently we will tell you whether or not this is possible or necessary.

21.Doing work urgently may mean allocating additional staff and/ or resources to it.

Consequently, our charges may increase.

22.In exceptional cases we may treat your work as urgent without advising you, if it is in your best interest. You will be charged accordingly.

Contentious Business and Litigation

23.We cannot assure you of a particular outcome in litigation or on contentious matters. We will explain to you the risks and contingencies that may affect the outcome.

Conflicts of Interest

24.If your interest conflicts with another client’s interest, or our own, we will consult with you and follow the requirements and procedures set out in the Law Society’s Rules of Conduct and Client Care for Lawyers.

Third Party Information

25.In advising you we may rely on information obtained from third parties (government agencies, registers or expert witnesses etc.). We do not guarantee the accuracy or completeness of this information, nor accept liability for any damage or loss caused by errors or omissions in information obtained from third parties.

Electronic Communication

26.We may communicate with you and others by electronic means (emails etc.). While we have virus detection and internet access security software, we do not accept liability for any damage or loss caused in connection with, corruption of, or interference with, an electronic communication.

Confidentiality

27.Client confidentiality is important to us. We do not divulge confidential information unless authorised by you, or by law. However, trust auditors and/or professional indemnity insurance underwriters may view your file.

Copyright

28.Ownership of the copyright in all documents prepared by us remains with us.

They are not to be used by anybody else.

Records

29.Our trust account records are stored indefinitely in an electronic form. However, we only retain hard copies of these for seven years. Files, correspondence etc. on any particular matter are routinely destroyed after five years. Deeds, formal documents and negotiable securities are retained indefinitely in our storage.

Termination

30.Either of us may terminate our engagement at any time.

Trust Account

31.We maintain a trust account for all funds which we receive from clients (except money received for payment on our invoices). If we are holding significant funds on your behalf we will normally lodge those funds on interest bearing deposit with a bank. In that case, we will charge an administration fee being 5% of the gross interest derived.

General

32.If you are a couple, we are authorised to act on the instructions of either of you. If you are a company, we are entitled to act on the instructions of any director. If you are a trust, we are entitled to act on the instructions of any of the trustees.

33.We are happy to discuss this agreement with you. Please speak with the partner who is working with you.

34.Our relationship with you is governed by New Zealand law and New Zealand courts have non-exclusive jurisdiction

INFORMATION FOR CLIENTS

Set Out below is the information required by the Rules of Conduct and Client Care for Lawyers of the New Zealand Law Society (“Law Society”).

1. Fees

The basis on which fees will be charged will be set out in our Letter of Engagement. When payment of fees is to be made is set out in our Standard Terms of Engagement.

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.

2. Professional Indemnity Insurance

We hold Professional Indemnity Insurance that meets or exceeds the minimum standards specified by the Law Society. We will provide you with particulars of the minimum standards on request.

3. Lawyers Fidelity Fund

The Law Society maintains the Lawyers Fidelity Fund for the purposes of providing clients of lawyers with protection against pecuniary loss arising from theft by lawyers. The maximum amount payable by the Fidelity Fund by way of compensation to an individual claimant is limited to $100,000. Except in certain circumstances specified in the Lawyers and Conveyancers Act 2006 the Fidelity Fund does not cover a client for any loss relating to money that a lawyer is instructed to invest on behalf of the client.

4. Complaints

We maintain a procedure for handling any complaints by clients, designed to ensure that a complaint is dealt with promptly and fairly.

If you have a complaint about our services or charges, you may refer your complaint to the person in our firm who has overall responsibility for your work.

If you do not wish to refer your complaint to that person, or you are not satisfied with that person’s response to your complaint, you may refer your complaint to the director at Aspiring Law who is not directly doing your work.

He or she may be contacted as follows:

 by letter;

 by email ;

 by telephone on 03 443 0900

The Law Society operates the Lawyers Complaints Service and you are able to make a complaint to that service. To do so, phone 0800 261 801 and you will be connected to the nearest Complaints Service Office, which can provide information and advice about making a complaint.

5. Persons responsible for the Work

The names and status of the person or persons who will have the general carriage of or overall responsibility for the services we provide for you will be set out in our letter of engagement.

6. Client Care and Service

The Law Society client care and service information is set out below.

Whatever legal services your lawyer is providing, he or she must:

  • Act competently, in a timely way, and in accordance with instructions received and arrangements made.
  • Protect and promote your interests and act for you free from compromising influences or loyalties.
  • Discuss with you your objectives and how they should best be achieved.
  • Provide you with information about the work to be done, who will do it and the way the services will be provided.
  • Charge you a fee that is fair and reasonable and let you know how and when you will be billed.
  • Give you clear information and advice.
  • Protect your privacy and ensure appropriate confidentiality.
  • Treat you fairly, respectfully and without discrimination.
  • Keep you informed about the work being done and advise you when it is completed.
  • Let you know how to make a complaint and deal with any complaint promptly and fairly.

The obligations lawyers owe to clients are described in the Rules of Conduct and Client Care for Lawyers. Those obligations are subject to other overriding duties, including duties to the courts and to the justice system.

If you have any questions, please visit www.lawsociety.or.nz or call 0800 261 801.

7. Limitations on extent of our Obligations or Liability

Any limitations on the extent of our obligations to you or any limitation or exclusion of liability are set out in our letter of engagement.

top