Terms of engagement - How We Work Together

Terms of Engagement for Ross Holmes Virtual Lawyers Limited

Our Terms of Engagement set out how we'll work with you — what you can expect from us, what we need from you, and how our fees and services are structured. We believe in being upfront and transparent, so there are no surprises down the track.

These terms apply to all of the services we provide, unless we agree otherwise in writing for a specific matter.

Welcome

Thank you for choosing Ross Holmes Virtual Lawyers Limited (also known as Ross Holmes Lawyers, or simply "RHL"). These Terms of Engagement set out how we work together. They apply to all the services we provide unless we agree otherwise in writing.

Your legal relationship is with RHL alone — RHL is responsible for all work carried out on your behalf.

Your Team

We have told you which team members will handle your matter. If your main contact is unavailable, another team member will step in.

Our Services

We will carry out the services described in our fee quote or in our other communications with you.

Financial services: RHL is not a registered financial service provider. If you need investment advice, we may refer you to a qualified professional. We may give limited investment-related guidance where it directly relates to the legal work we are doing for you.

Identity Verification (AML/CFT)

New Zealand law requires us to verify your identity and carry out anti-money laundering checks before we can act for you. This means we will need your photo ID and proof of address, and sometimes confirmation of the source of funds for a transaction. We monitor client accounts on an ongoing basis and must report any suspicious activity to the authorities.

Our minimum identity verification fee is $276 (incl. GST) for one person, $322 for two people, plus $46 per additional person.

Our Fees

All our fees are shown including GST unless stated otherwise.

Fixed fees — Where we quote a fixed fee (as set out in our fee charts for property law, trust-based estate and asset protection plans, and will-based estate plans), that fee covers the services described in the relevant chart. Work not covered by the chart is charged on a time basis. If requested, we will estimate the cost of additional work, but the final amount may change if unforeseen issues arise.

Hourly rates — Where work is charged by the hour, we bill in six-minute increments. Our rates depend on who does the work:

Team member	Discounted rate (paid within 7 days)	Standard rate
Ross Holmes	$600 + GST	$750 + GST
Neena Bartlett	$450 + GST	$562.50 + GST
Kirsty Hourigan	$400 + GST	$480 + GST
Janet Holmes	$350 + GST	$437.50 + GST
Legal Secretaries	$200 + GST	$240 + GST

Rates are reviewed periodically. We reserve the right to adjust fees to reflect the complexity, risk, urgency, or importance of the work.

Estates and Trusts: We charge a fixed Executor Acceptance fee of $2,750 plus GST. We charge a fixed annual Trustee fee of $1,000 plus GST for acting as a Trustee (or as a director of a Trustee company). Additional attendances are at our hourly rates.

Other Charges

Office service fee: We add 5% of our professional fees (before GST and disbursements) to cover internal costs such as file administration, printing, scanning, IT systems, and data storage.

Disbursements: Payments we make to third parties on your behalf (e.g. LINZ search fees, council charges, courier costs) are charged at cost. We ask you to pre-pay disbursements. If we fund them for you, we may add a 10% administration fee plus GST.

Land title searches: You pay the LINZ or provider fee, plus a reasonable service fee for our time arranging and interpreting the searches.

Travel: Reasonable travel and parking costs will be itemised on your invoice where applicable.

GST: All fees and disbursements are subject to GST. Our GST number is 102-946-103.

Payment

Pay within 7 days and receive the discounted fee. After 7 days, the standard fee applies.

Pre-payments: We may ask for pre-payments. You authorise us to deduct invoiced fees from any pre-payments or funds held in our trust account on your behalf.

Credit cards: A 3% surcharge applies.

Late payment: Overdue amounts incur interest at 1.5% per month, compounded monthly. Debt collection costs (if any) will be added to your account.

No cash: We do not accept cash. Cash deposits to our account will attract bank fees and additional verification costs. We are required to report cash transactions to the NZ Police.

Payments to you: We pay to NZ bank accounts only — not in cash and not to third parties. Overseas transfers: minimum fee of $700 plus GST plus bank fees.

Your Money in Our Trust Account

Client funds are held in our trust account with ANZ Bank. For substantial amounts held for an extended period, we can arrange an interest-bearing deposit. An administration fee applies: the greater of 5% of interest earned or $100 plus GST per financial year.

Tax

If you are selling residential property and are an "offshore person" under the Income Tax Act 2007, we may need to withhold Resident Land Withholding Tax (RLWT) and pay it to Inland Revenue.

Important: RHL does not provide taxation advice, including on GST or RLWT declarations. You are responsible for obtaining your own tax advice.

What You Can Expect from Us

We will:

Act competently and promptly on your instructions
Protect your interests and avoid conflicts of loyalty
Discuss your goals and the best way to achieve them
Keep you informed about progress, costs, and who is working on your matter
Charge fairly and explain our fees upfront
Give you clear information and advice
Protect your privacy and keep your information confidential
Treat you with fairness and respect
Tell you when the work is completed
Listen to any complaints and address them promptly

What We Need from You

Give us clear, timely, and accurate instructions and information. We are not responsible for errors caused by incorrect information you provide.
Send us required documents promptly.
Ask us if anything is unclear — including about these Terms.
Let us know if you need electronic copies of any documents.
Pay invoices by the due date. If fees are not paid on time, we may stop work.
Provide proof of identity as soon as possible for AML/CFT compliance.

Conflicts of Interest

New Zealand is a small market and occasionally we are approached by clients whose interests may overlap.

Commercial conflicts: We may act for clients in similar industries, but only where this does not involve using your confidential information.

Legal conflicts: If a direct conflict arises, we will notify you immediately and follow the Law Society's Rules of Conduct.

Non-exclusive engagements: We maintain a strict information barrier around your team to protect confidentiality.

After our engagement ends: We may act for others with differing interests, provided we hold no relevant confidential information and have appropriate safeguards.

Privacy, Confidentiality and Copyright

We keep your information strictly confidential and comply with the Privacy Act 2020. Information is shared only where needed to carry out your instructions or required by law.

Duty of care: Our duty is to you, not to any third party. No third party may rely on our advice unless we expressly agree.

Electronic communications: Electronic communication can be subject to interference or corruption. We are not liable for damage arising from corrupted electronic communications.

Copyright: We own the copyright in documents we create for you. You have a non-exclusive licence to use and copy them for personal use. Please do not alter or allow others to use our documents without written consent (except template trust minutes, company minutes, and memoranda of wishes).

Files: You authorise us to destroy physical files once digitised (excluding documents in agreed safe custody). We retain electronic copies for 7 years. Charges apply if you need copies after completion.

Professional Indemnity and Liability

We hold professional indemnity insurance up to NZ$3,000,000 per claim (annual limit NZ$6,000,000).

Liability cap: Our total liability for any matter is limited to the greater of:

the amount available under our insurance, up to NZ$3,000,000 (including interest and costs); or
three times the professional fees paid to us (excluding service charges, disbursements, and GST).

This applies to liability of any kind — in contract, tort, equity, under statute, or otherwise.

If a service fails to meet guarantees under sections 28–30 of the Consumer Guarantees Act 1993 and the failure can be remedied, you agree to give us a reasonable time to put it right.

Personal liability: Our directors, consultants, and employees act in their professional capacity, not personally. No individual at RHL bears personal liability except as provided by the Lawyers and Conveyancers Act 2006.

Limitations: We do not advise on foreign law or taxation. We may rely on third-party information which may not always be accurate.

Referrals

We may refer you to mortgage brokers, banks, lenders, investment or insurance advisers. Under the Secret Commissions Act 1910, we disclose that we (or associated parties) may receive referral income. We will not make any referral without your consent. By accepting these Terms, you consent to us receiving such income.

Ending Our Engagement

You may end our engagement at any time. We may do so in circumstances permitted by the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. All fees and expenses incurred up to termination are payable.

For fixed-fee trust or estate plans: once you accept our quote, the full fixed fee is due on acceptance (excluding disbursements not yet incurred).

Complaints

If you have a concern about our services or charges, please raise it with the person handling your matter. If you prefer not to, or are not satisfied, contact our Managing Director:

Ross Holmes — rossholmes@rossholmes.co.nz — +64 9 415 0099
P.O. Box 33-009, Takapuna 0740, Auckland, New Zealand

You may also contact the NZ Law Society Complaints Service:
complaints@lawsociety.org.nz | 0800 261 801 | P.O. Box 5041, Lambton Quay, Wellington 6145

General

Our professional obligations are set out in the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, subject to overriding duties to the courts. For more information: www.lawsociety.org.nz | 0800 261 801.

These Terms apply to this engagement and all future engagements. Our relationship is governed by New Zealand law. The courts nearest to our place of business have exclusive jurisdiction.

Staying in Touch

After your matter is completed, we may send you newsletters and useful information. You can unsubscribe at any time. General information we provide after our engagement ends is general in nature and does not create legal liability. We recommend you get specific advice for your circumstances.

Accepted and Agreed

For Ross Holmes Virtual Lawyers Limited

Name

Ross Holmes, Managing Director

Date

Client

Name

Date

Ross Holmes Virtual Lawyers Limited provides affordable online and in-person legal services to small businesses and individuals.

+64 9 4150099 extn 0 | www.rossholmeslawyers.com
2 Airborne Road, Rosedale, Auckland, New Zealand 0632

reception@rossholmes.co.nz
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