Term’s of business

We commit to employing all reasonable commercial efforts to deliver the services outlined in our Letter of Engagement (the Services) promptly and efficiently. We will assign suitable personnel to execute the Services and reserve the right to substitute any named personnel with individuals possessing comparable expertise. It is your responsibility to ensure that the scope of the Services meets your requirements. Please note, however, that the Services do not encompass the provision of legal advice.

By agreeing to our Letter of Engagement, you undertake to remunerate us for the Services in accordance with its terms. Any fee estimates provided therein are merely indicative and not binding. The accuracy of estimates hinges upon the completeness, accuracy, and relevance of the information furnished by you. Additionally, expenses incurred during the provision of Services will be charged as agreed upon in advance. All fees are exclusive of GST, which will be applied separately. Payment is due within 14 days of invoice issuance. ABAML reserves the right to levy collection charges for overdue accounts. Should you encounter difficulties in meeting payment obligations, we urge you to contact us promptly to discuss alternative arrangements. Failure to settle accounts may result in suspension of service. Accounts overdue by 90 days may incur interest charges, additional fees, and costs associated with debt recovery.

You acknowledge that our liability for any loss or damage arising from the Services is limited to twice the amount of professional fees paid to us for said Services. Furthermore, you release us from liability beyond this limit. All claims against us, whether contractual, negligent, or otherwise, must be initiated within two years of becoming aware of the underlying circumstances. In any event, claims must be filed no later than three years following any alleged breach or cause of action. If this engagement pertains to multiple clients, the limitation of liability must be apportioned accordingly.

Subject to the exceptions of fraud or dishonesty on our part, you agree to indemnify and hold us harmless against any losses, claims, expenses, actions, demands, damages, liabilities, or other proceedings arising from any breach of your obligations under this engagement. We will not be liable for losses resulting from reliance on false, misleading, or incomplete information provided by you or your representatives. You agree to indemnify us against any resulting liabilities. This indemnity includes costs incurred by us, such as legal fees and expenses.

We may use electronic means, such as email, to correspond with you and provide documents and other communications. It is your responsibility to notify us of any changes to your contact information. ABAML may periodically send you relevant information, such as newsletters, which you may opt out of at any time. You acknowledge that electronic communications may be subject to interference, interception, or contain defects. We disclaim responsibility and liability for any damage or loss arising from such occurrences.

Any oral, draft, or interim advice provided during the provision of Services does not constitute our final conclusions, and no reliance should be placed upon them. We are under no obligation to update our advice for events occurring subsequent to its issuance. The Services are intended solely for your benefit as the client. We disclaim liability to any third party and require your indemnification against any such claims. Documents issued by us must not be disseminated to third parties without our prior written consent.

Both parties agree to maintain in strict confidence any proprietary or confidential information acquired during the engagement. Information may be disclosed only as required by law or with written authorization. In the course of providing Services, we may disclose confidential information to our officers, employees, or professional advisers on a need-to-know basis.

We reserve the right to provide services to other clients, provided appropriate measures are taken to safeguard each client’s confidential information.

During and for six months following the provision of Services, you agree not to extend any employment offers to our directors or employees involved in the engagement without our prior written consent.

We affirm our independence unless disclosed otherwise. We undertake to inform you promptly of any potential conflicts of interest and collaborate with you to find a suitable resolution.

We will retain collected information and return original documents to you at the conclusion of the engagement. Records will be retained for the minimum period stipulated by relevant legislation before destruction. Upon conversion of files and documents to electronic format, we may destroy them in a confidential manner. Custodial documents will be returned to you at the end of our appointment, or as otherwise arranged.

Work papers produced during the engagement are our property and will not be provided to you unless integral to the final deliverables. Access to work papers will be limited to authorized personnel. We retain ownership of copyright and intellectual property rights related to the Services provided.

We maintain ownership of copyright and intellectual property rights pertaining to the Services. Any intellectual property provided to you is for your exclusive use and may not be copied or distributed for other purposes.

We comply with the Health and Safety at Work Act 2015. Responsibility for the safety of our staff while on your premises rests with you.

We commit to addressing any complaints promptly and transparently. This engagement is governed by New Zealand law, and any disputes are subject to the exclusive jurisdiction of New Zealand courts.