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YOUR AGREEMENT WITH ERNZ CONSULTANTS (Rachel Rolston)

In accepting our representation, you acknowledge that services provided by ERNZ Consultants ('ERNZC') or through any of its independent consultants or advocates including Reid Legal Services, will be subject to the Terms shown below.

Representation Fees:- The basis on which fees will be charged is:
·         $185.00 per hour or part thereof for work prior to mediation.
·         $2000.00 per half day of mediation.
·         $6,000.00 (minimum) per day of investigation at the Employment Relations Authority.
·         $8,000.00 (minimum) per day of hearing at the Employment Court.
All work is charged, including telephone calls, text messages, and emails. You should note that time spent on your work is only one of the factors we consider in assessing the fee for your work. There may be occasions when it will be appropriate for us to charge for more than one advocate who will be doing your work at the same time or consulting with each other in relation to the work. Disbursements or out of pocket expenses are also charged directly to you. Meetings may be cheaper if booked online and paid for at the time of booking.

Estimates and Quotes:- Estimates allow you to gauge the likely cost of representation.  They are a guide only. In some cases we may not be able to give a quote because of the uncertainty surrounding the matter or dispute.  Any quotes other than for an initial consultation will be given in writing and only on request.

Third Parties:- Although you may expect to be reimbursed by a third party for fees and expenses  nevertheless you will remain solely responsible for payment to us if the third party fails to pay us. Please note that we are not engaged by the other party, and under no circumstances will we invoice a third party for services rendered to you.

Deposits:- Deposits or progress payments may be required for work conducted by us. We will let you know what that deposit is if it is required, and we will advise you when the deposit needs to be “topped up”.

Payment of Accounts:- To assist you for budgeting purposes, we will keep you advised of the amount our work has cost you and what is owing, on request from you. 

Unpaid Accounts:- We will charge you interest on unpaid accounts at the rate of 2.75% per month. We may take action to recover unpaid fees and we may add the cost of that recovery to your overdue account. By instructing us you agree to pay any costs of recovery if you do not pay our accounts on time.

Lien:- Where work has been done by ERNZC and any of its independent consultants or advocates, including Reid Legal Services, but we have not been paid for our services, we have the right to retain original documents and your file until such time as all outstanding fees, disbursements and other expenses have been paid. We reserve the right to retain any such documents and files even if the monies are due for services unrelated to those documents or file.

Terms & Termination:- This contract will continue until all the services have been provided, unless sooner terminated by agreement as set out following:
(i).         Either party may terminate the agreement by written notice or if the other party fails to remedy a material breach of the agreement. Termination will not affect the client’s obligations to pay fees for all services performed up to termination.
(ii).        Where we have undertaken work for you, and you decide that you no longer wish to pursue the matter, you will be liable for all fees incurred up to the date of termination of this agreement in writing.
(iii).      If you decide to deal with the matter yourself or take up the services of an alternate advocate, then this agreement will terminate automatically and you will be liable for all fees incurred up to the date of termination of this agreement in writing. Under these circumstances, fees will be payable within 7 days of notification to you that the agreement has been terminated.

Payment of fees on settlement: All settlement agreements signed by you must include provision for payment of our services to you. Your settlement agreement must contain one of the following options for payment:
(i).         Payment of the settlement sum is to be divided and paid into the following bank accounts:
a.    Payment of $xxxx.xx is to be paid to ERNZ Consultants (where $xxxx.xx is our agreed fee payment due), and the remainder is to be paid to you; OR
(ii).        The other party agrees to make payment of $xxxx.xx to ERNZ Consultants as a “contribution to your legal fees”. Note that we do not provide an invoice to the other party, and we are not GST registered.

Bank Account:- All direct credit payments must be paid into ERNZ Consultants, ANZ Bank, Account Number 01-0475-0139719-00 or the bank account of the alternate consultant. ERNZC takes no responsibility for payments made to unauthorized individuals, and all accounts due to ERNZC and any of its independent consultants or advocates, including Reid Legal Services remain payable by you until received by us. Recovery of funds will be your sole responsibility if you have paid your fees to any unauthorized person.