Terms of Service:In accepting our representation, you acknowledge that services provided by ERNZ Consultants ('ERNZC'), 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 pro rata for all services.
- $2500.00 flat fee for mediation, although we may charge you more if yours is a complex matter or of long duration or requires travel.
- Representation at the Employment Relations Authority or Employment Court is on a case-by-case basis, and will be discussed with you.
You will remain liable and responsible for these fees, even if we are not successful at mediation and the matter is referred for the filing of an application to the Employment Institutions. In some cases that will mean that you will pay for our services out of your award if you are successful in taking your case ahead to litigation.
- Third Parties:- You are responsible for paying the bill for our services. We will try to recover your expenses from another party if it is possible. We cannot guarantee that we will be successful. We cannot invoice any other party for your expenses.
- Deposits:- You may be asked to pay in advance to ensure that your account does not exceed your ability to pay. If you wish to have us attempt to recover these payments from the other party, please keep your receipts.
- 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 having us represent you, you agree to pay any costs of recovery if you do not pay our accounts on time. All accounts due to ERNZC remain payable by you until received by us.
- Terms & Termination:- This agreement will continue until all the services have been provided, unless sooner terminated by any of the reasons set out below:
- 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 your obligations to pay fees for all services performed up to termination.
- If you settle the matter with the other party directly, or by any means that is not through our services, and this agreement has not been terminated, you will be liable for all fees incurred up to the date of settlement.
- 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.
- If you decide to deal with the matter yourself or you take up the services of an alternate advocate, then this agreement will terminate and you will be liable for all fees incurred up to the date of termination.
- Payment of fees on settlement:- Any settlement agreement 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:
- Payment of the settlement sum is to be paid to the Trust Account of [our solicitor]* (where $xxxx.xx is our agreed fee payment due) OR
- The other party agrees to make payment of $xxxx.xx to ERNZ Consultants as a "contribution" to your legal fees.**
- 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.
** ERNZ Consultants cannot provide an invoice to the other party, and is not GST registered.