Terms & Conditions
The terms and conditions relating to our website and making a payment online are found below. For further terms and conditions relating to engaging us please see our Client Engagement Booklet.
Our Client Engagement Booklet can be found here.
The services which we are to provide for you are outlined in our engagement letter sent to you when you first instruct us to act on your behalf.
Your privacy is important to us. This information relates to the personal information we, O’Sheas, collect about you when you visit and browse our website.
Our website is hosted by WordPress and they collect some non-personal information automatically when you visit our website.
Like most online service providers, when you visit our website, we collect some non-personal information that web browsers and mobile devices typically make available such as the IP address, the date and time you are visiting, the pages you accessed, the type of browser and operating system you use, language preference, referring site and the terms you use to search for content on our site. This information cannot be used to personally identify you. We use it for the purposes of system administration, analytics tracking, auditing use of the site and improving it for different customer profiles and for our internal reporting.
If you choose to provide us with personal information such as your name, email address and phone number by filling out our ’Contact Us’ form, we will use the information to contact you (being the purposes that you authorise it to be used for).
If you engage us for legal services we will collect a range of personal information from you including, your name, contact information, billing information and unique identification numbers from your personal identification. We have a range of statutory compliance obligations, including our obligations under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (AML/CFT) and to meet the New Zealand Law Society’s requirements for providing services. This means that we may be obliged to send details of your transactional history to regulatory authorities in accordance with our compliance requirements.
In order for us to comply with the requirements of the Anti-Money Laundering (AML) legislation we (or an agent acting on the firm’s behalf) need to obtain, verify and store information that identifies you and your address. A passport is a primary form of identification, but other sources such as a driver licence and debit/credit card along with the confirmation of your residential address by way of a utility (rates) invoice or bank statement (issued within the last three months) may be required. If the file is to be opened in the name of a Trust or Company, we will require particulars of the Trustees/Beneficiaries or Directors/Shareholders.
Notwithstanding the above 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 your instructions; or
to the extent required by law or by the Law Society’s Rules of Conduct and Client Care for Lawyers.
Confidential information concerning you will as far as practicable be made available only to those within our firm who are providing legal services for you.
We will of course, not disclose to you confidential information which we hold in relation to any other client.
Conflicts of Interest
We have procedures in place to identify and respond to conflicts of interest. If you believe that there is or may be a conflict of interest please notify us immediately. If a conflict of interest arises we will advise you of this and follow the requirements and procedures set out in the Law Society’s Rules of Conduct and Client Care for Lawyers.
The information we provide on the website is provided to you in good faith and is an introduction to the services we provide only. If you engage us to provide legal services you will be making an offer to purchase those services. We can accept or decline that offer in our discretion subject to the Law Society’s Rules of Conduct and Client Care for Lawyers. Separate terms relating to the provision of those services will apply.
Unless otherwise shown, we own all the copyright and other intellectual property rights on the material on this website.
You must not use any of our trademarks, intellectual property or any material without our permission. If permission is given you must not use the material in a misleading way.
If you wish to link to our website you should request our permission. Please contact us on 07 838 3109 or via firstname.lastname@example.org if you wish to link our website.
These Terms apply to any current engagement and also to any future engagement, whether or not we send you another copy of them.
We are entitled to change these Terms from time to time, in which case we will send you amended Terms (other than the change of hourly rates).
Our relationship with you is governed by New Zealand law and New Zealand courts have non-exclusive jurisdiction.
Changes or updates to the content of this website may occur at any time (this may be new information or new terms). We will post any changes on this website and the change will apply from the date it is posted (or a specified time).
Our website may contain links to other websites of which we do not own or have control over. These websites may not be secure and are not controlled by our terms and conditions. We are not responsible for the content, availability or security of that website.
Client Care and Service
Whatever legal services the lawyer with us is providing, he or she must:
Act competently, in a timely way, and in accordance with instructions received and instructions made.
Protect and promote your interests and act for you free from compromising influences or loyalties.
Discuss with you your objectives and how they should best be achieved.
Provide you with information about the work to be done, who will do it and the way the services will be provided.
Charge you a fee that is fair and reasonable and let you know how and when you will be billed.
Give you clear information and advice.
Protect your privacy and ensure appropriate confidentiality.
Treat you fairly, respectfully and without discrimination.
Keep you informed about the work being done and advise you when it is completed.
Let you know how to make a complaint and deal with any complaint promptly and fairly.
The obligations lawyers owe to clients are described in the Rules of Conduct and Client Care for Lawyers. Those obligations are subject to other overriding duties, including duties to the courts and to the justice system.
If you have any questions, please visit www.lawyers.org.nz or call (04) 472 7837.
Limitations on extent of our Obligations or Liability
Any limitations on the extent of our obligations to you or any limitation or exclusion of liability are set out in our letter of engagement.
You may terminate our retainer at any time.
We may terminate our retainer in any of the circumstances set out in the Law Society’s Rules of Conduct and Client Care for Lawyers.
If our retainer is terminated you must pay us all fees due up to the date of termination and all expenses incurred up to that date.
Retention of documents and files
We hold (and are required to hold) either physically or scanned LINZ conveyancing documentation for the LINZ regulatory period (currently 10 years).
Otherwise we hold files from completion for at least seven years, either physically or scanned.
The files are available to be viewed by you at any time subject to conditions as set out in our letter of engagement and client engagement booklet provided to you when you first instruct us.
Disbursements, Expenses and Administration Charges
In providing services we may incur disbursements or have to make payments to third parties on your behalf. These will be included in our statement or invoice to you when the expense is incurred. We may require an advance payment for the disbursements or expenses which we will be incurring on your behalf.
If we are asked by you to remit monies to an overseas account then there will be fees and bank charges. The amount of the fees will depend on where the overseas account is situated, the amount of the funds being remitted and the requirements of our bankers.
GST is payable by you on our fees and charges.
We may, depending on the nature of the legal services provided, send (unless otherwise agreed in writing with you) interim monthly invoices to you for the legal services provided for the month previous, and also on completion of the matter or termination of our engagement.
If you would like, in any event, monthly invoices sent, please advise us.
We may also send you an invoice when we incur a significant expense, either by way of disbursements or by way of work carried out by us.
Invoices are due and payable by the seventh (7th) day after the date of the invoice. We shall require interest to be paid on any amount which is more than seven days overdue. Interest will be calculated at the rate of 1.5% per month on the account. Receipt of payment will only be sent out at the request of the client.
We may ask you to pre-pay amounts to us, or to provide security for our fees and expenses.
Payment can be made online via our website https://www.osheaslaw.co.nz/payments/ via Windcave Limited payment solutions. To enable Windcave to provide secure payment facilities, they acquire information which may include a cardholder’s name, credit card number (with the expiry date) and billing address.
Refund and Cancellation
If payment is received and such payment is over and above fees rendered (unless such funds are held for another purpose as agreed with you) we may contact you to arrange a refund. Any refund will be on the basis of:
A bank account is received from you; and
The bank account is voice to voice verified with you.
If you are making payment by way of our online payment page and seek to cancel the transaction, please exit the webpage to end the transaction.
Complaints & Disputes Resolution
We maintain a procedure for handling any complaints by clients, designed to ensure that a complaint is dealt with promptly and fairly.
If you have a complaint about our services or charges, you may refer your complaint to the person in our firm who has overall responsibility for your work.
If you do not wish to refer your complaint to that person, or you are not satisfied with that person’s response to your complaint, you may refer your complaint to the attention of a Director.
They may be contacted regarding complaints as follows:
By letter (C/- PO Box 460, Hamilton 3240);
By email at email@example.com;
By telephoning (07) 838 3109.
The New Zealand Law Society also maintains a complaints service and you are able to make a complaint to that service. To do so you should contact the New Zealand Law Society:
New Zealand Law Society, PO Box 5041, Lambton Quay, Wellington 6145
Phone 0800 261 801 – Email: firstname.lastname@example.org.
FURTHER client terms and conditions can be found here.