Terms & Conditions
Legal Sense Kapiti is a trading name of Work Med Consulting Limited.
These standard terms (“terms”) apply in respect of all work carried out by us for you, unless we otherwise agree with you in writing. By accepting a quote or placing an order with us, you accept our terms.
Engagement letter means the specific terms for the supply of services to you, which have been set out by us in a proposal, letter or email of engagement.
Services means all consulting services and documents supplied by us to you at any time.
“We, our and us” means Legal Sense Kapiti, or any person acting on behalf of and with the authority of Legal Sense Kapiti.
“You” means the customer or client buying the services.
The specific services we agree to provide to you are outlined in our engagement letter. You are not engaging us as a lawyer and we make no representations to act in this capacity on your behalf. We will provide the services with reasonable care, skill and diligence.
Fees and invoices
If we specify a fixed fee in our engagement letter, we will charge this for the agreed scope of our services. We may alter the quote due to circumstances beyond our control or clerical or computer error. Work which falls outside that scope will be charged on an hourly rate basis set out in our engagement letter.
We will advise you as soon as reasonably practicable if it becomes necessary for us to provide services outside the agreed scope and if requested, give you an estimate of the likely amount of the further costs.
Where our fees are calculated on an hourly basis, the hourly rate will be set out in the engagement letter.
We will send interim invoices to you, usually fortnightly and when we have completed the service or either you or we have ended our engagement.
Invoices are payable within 14 days of the date of the invoice, unless alternative arrangements have been made with us.
We may require you to pay interest at 2% per month on any overdue amounts from the due date to the date of payment, calculated on a daily basis and any costs (including legal fees, court costs) incurred by us in collecting any such overdue amounts.
Privacy and confidentiality
We may collect personal information from you, including information about your name, contact information, interactions with us and billing or purchase information.
We collect your personal information in order to provide services to you.
You have the right to ask for a copy of any personal information we hold about you, and to ask for it to be corrected if you think it is wrong. If you’d like to ask for a copy of your information, or to have it corrected, please contact us.
We will hold in confidence all information concerning you or your affairs that we acquire during the course of acting for you. We will not disclose any of this information to any other person except to the extent necessary or desirable to enable us to carry out the services.
We will not keep your records beyond the term of our engagement.
Cancellation and termination
You or we may terminate our services at any time. If our services are terminated you must pay us all fees due up to the date of termination and all expenses incurred up to that date.
If you cancel an appointment with us without 24 hours prior notice to us, we may charge you a cancellation charge of $75.00 plus GST.
Warranties and liability
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.
If the Consumer Guarantees Act (CGA) applies, these terms shall be read subject to your rights under the CGA, provided that where you are acquiring services for business purposes the CGA shall not apply.
In giving or making of any quotation, advice, prediction, statement, representation or information, we rely solely on the information provided by you and in doing so you warrant that the information provided by you to us is accurate to the best of your knowledge.
We will not be liable for:
any incidental or consequential damages, loss (including loss of profit and income) or expenses arising of any kind in any circumstances and for any reason whatsoever, whether or caused by our negligence or default
any loss caused by factors beyond our control
any of your delays, acts or omissions or those of any third person.
To the fullest extent permissible by law, in all cases where liability has not been effectively excluded, whether by this agreement or by statute, convention or otherwise our total liability (whether in contract, tort, including negligence or otherwise) to you under or in connection with the services is limited to the lesser of:
the total charges paid by you in relation to our services.
You agree to hold harmless and indemnify us for any fees, charges, damage and all other liabilities including liabilities to third parties arising from our services.
All intellectual property in pre-existing material which is already owned or created by us when we provide you with services belongs to us, but we agree to grant you a royalty free, non-exclusive and non-transferable licence to use such pre-existing material for the purpose of enjoying your rights.
These terms apply to all current services and to any future services we provide to you whether or not we send you another copy of them.
Where there is any inconsistency between the specific engagement letter and these terms, these terms shall take priority.
These terms will prevail over any other terms and conditions that you provide or seek to rely on.
We may change these terms from time to time, in which case we will send you amended terms.
Our relationship with you is governed by New Zealand law and New Zealand courts have non-exclusive jurisdiction.