Terms of Business for Jollands Callander Service
(effective November 2013)
The following Terms apply when you instruct Jollands Callander to provide services. Any instructions we receive from you deems acceptance of our terms of engagement.
Usually we will provide a letter of engagement for any services which you instruct us to complete.
Changes to services
Either of us may request changes to the services as set out in the engagement letter or changes to any other aspect of the Terms of Business. Both of us agree to work together to enable both parties to assess the impact of any requested changes on the cost, timing or any other aspect of the services.
We will report to you in accordance with the terms set out in the engagement letter. You may make copies of the report for your own internal use but you must not provide the report or copies of it to any third party without first obtaining our written consent. Such consent will only be granted on the terms we deem appropriate which will include that we accept no duty or responsibility to any other party who may seek to rely on our report. In some cases appropriate releases from third parties may be required.
You agree to provide in a timely fashion all information and documents reasonably required to enable us to provide the services. Unless otherwise stated in the engagement letter, we will not independently verify the accuracy of such information and documents and we will not be liable for any loss or damage arising from any inaccuracy or other defect in any information or documents supplied by you.
Fees and Payment
How fees will be calculated
Our fees are calculated on the basis of the time spent on the assignment by our partners and staff and on the levels of skill and responsibility involved. Alterations to the scope of work or delays beyond the control of Jollands Callander may require a renegotiation of fees. Our fees range from $80 per hour plus disbursements plus GST for an accounting technician to $100-$180 for a client manager or senior accountant, to $280-$500 for a senior partner.
Our performance is dependent on you carrying out your responsibilities as set out in these Terms of Business and the engagement letter. Should this not occur, it may lead to an increase in our fees depending upon the extent to which we have to perform more work ourselves or reschedule our commitments to deliver the agreed services.
All charges are exclusive of expenses unless the engagement letter states otherwise. You agree to pay our reasonable travel, subsistence and document handling costs (photocopying, printing, fax and courier, etc) incurred in connection with the services. Any special expenses arrangements will be agreed and set out in the engagement letter. Any costs of debt recovery will be charged to you as a separate cost to be recovered from you.
Payment of Invoices
Our invoices will be issued on a monthly basis or as arranged by you with us. All invoices will be due for payment within 7 days of issue unless specified elsewhere. Jollands Callander retains the right to charge a commercial rate of interest on accounts which are overdue by more than one month (currently 2% per month). All overdue invoices, which have no satisfactory explanation for non-payment, will be sent to Baycorp or similar debt collection agency for collection.
Term and Termination
This Contract will apply from when you instruct us or the commencement date stated in the engagement letter. This Contract will continue until all the services and deliverables have been provided unless it is terminated earlier in accordance with the terms set out below.
The Contract may be terminated by either party by written notice if either party fails to remedy a material breach of these Terms of Business. All fees must be paid in full upon termination of the contract. Upon termination of the contract any instalment payment arrangement is terminated and all outstanding fees are to be paid in full within ten days. No files will be released until all fees due and owing are paid in full. If a Fixed Price Agreement is in place there will be no refunds of monthly fees paid. The date of the last invoice and payment will be deemed as the termination of the agreement.
To afford the maximum protection to your confidential interest, all employees of Jollands Callander are employed under a service contract which contains a clause strictly forbidding the unauthorised disclosure of information.
We shall use reasonable skill and care in the provision of the services as instructed by you.
The services and terms set out above are as agreed.