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Legal Beagle Terms and Conditions

By visiting and using our website www.legalbeagle.co.nz and engaging us to carry out legal work for you, you agree to the following terms and conditions so please read them carefully:

1.  Definitions

1.1  In these terms and conditions:

1.1.1  “Dashboard” means the dashboard area on our website that is made available to you when you engage our legal services or request an instant quote. Your dashboard area can be found at www.legalbeagle.co.nz/dashboard.

1.1.2  A reference to “we”, “our” or “us” means Legal Beagle and reference to “you” or “your” means a client of ours or any other person visiting or using the Legal Beagle website."

2.  What you can expect from us

2.1  When we do legal work for you, we will:

2.1.1  Protect and promote your interests

2.1.2  Act for you without any conflicts of interest

2.1.3  Discuss your objectives with you and how you can best achieve them

2.1.4  Give you clear information and advice

2.1.5  Keep you informed about progress on the work

2.1.6  Protect your privacy and confidentiality and your best interests

2.1.7  Treat you fairly, respectfully and without discrimination

2.1.8  Charge you fair and reasonable fees

2.1.9  Tell you how we handle complaints

2.2  Our duty of care for this work is to you and not to anyone else. Our obligations to you are described in the Rules of Conduct and Client Care for Lawyers which you can see at www.lawsociety.org.nz. We also have higher duties that we owe to the courts and to the justice system.

3.  What we expect from you

3.1  To help us give you the best service possible, we need you to:

3.1.1  Be the point of contact – you have engaged us through our website so now it is your job to let your partner/spouse/family etc who are part of this transaction with you know what is happening.

3.1.2  Provide us with information when we ask for it as quickly as possible. To do our best job for you we need you to check your dashboard and emails at least 1-2 times per day and reply promptly to questions we ask and to complete the tasks we list for you to do.

3.1.3  Carefully read all the documents we send you.

3.1.4  Get documents signed as soon as possible and carefully follow our signing instructions.

3.1.5  Tell us about any changes or issues that arise as soon as possible.

3.1.6  If we don't receive a reply within 15 working days of our request we will close your file.

3.1.7  Wills:  If we are completing your Wills you agree that your completed Will Questionnaire will be uploaded to the website 1 month after receiving the questionnaire.  If your completed questionnaire is not uploaded within that timeframe we may at our discretion close your file.  We reserve the right to retain a $100.00 including GST administration fee in the event that we close your file. 


4.  Terms and Conditions

4.1  You accept our Terms and Conditions when you pay your deposit; please ensure you read these carefully.

4.2  When you pay your deposit it is assumed that all parties to your transaction have read our Terms and Conditions.

5.  Engagement for each new job

5.1  We will send you a confirmation email of our engagement each time you engage us for our services.

5.2  This engagement sets out the work we expect to do for you based on the information you have given us and the price for that work.

5.3  This engagement will also set out the names and contact details of the people in our team who will be responsible for your legal work.

5.4  After receipt of this engagement if you allow us to continue to work for you on your project, this means you have accepted the engagement.

5.5  We will not send you an engagement if you are purchasing documents or other products from our website where our services are not required.

5.6  Depending on the service you have requested, you may need to supply us with your bank account name and number by either a deposit slip, screen print or photo off your internet banking. If you supply an incorrect bank account number for funds to be credited to you, then it is your liability and you will have to sort it out with the bank as we have no power to do so.

6.  Ending our Engagement

6.1  You may end our engagement before the end of a file by giving us written notice and our acknowledgement that we have received your written notice.  We will refund your payment for our legal services less:

6.1.1  The amount of the work we have done;

6.1.2  All expenses incurred up until the date we stop working for you; and

6.1.3  An administration fee of $100.00 including GST.

6.2  We may stop working for you in any of the circumstances set out in the New Zealand Law Society's Rules of Conduct and Client Care for Lawyers by giving you reasonable notice.

7.  Our prices

7.1  All our prices are in New Zealand dollars and include GST unless otherwise specified.

7.2  Our prices include disbursements such as office expenses like photocopying and toll calls, LINZ search and registration fees and PPSR search fees.

7.3  Our prices do not include the price of LIM reports, building reports, valuation reports, and bank fees and charges.

8.  Payment

8.1  Method of Payment:

8.1.1  Payments are to be made in the Dashboard on our website by credit card or debit card unless otherwise arranged. We accept Visa and Mastercard.

8.1.2  For security reasons we never hold clients’ credit card details on file.

8.2  Paying for property conveyancing services:

8.2.1  When we receive your loan instructions and documents from your bank and we are required to do additional work that we were not aware of, then the price of our services will likely change.

8.2.2  A deposit of $150-$350 (depending on how much you ask to do initially) is payable by you when you engage us. This deposit is non-refundable and covers the work we do to review the Agreement for Sale and Purchase and any other documents, work related to the conditions and paying for LINZ search fees. If for any reason your property transaction does not go ahead, you only pay us this deposit.

8.2.3  This deposit is deducted from your final payment to us. For example, if you are buying a house and we quote you $995 to do your legal work, you will need to pay us the deposit when you engage us and your final payment to us will be the total fee less the deposit.

8.2.4  If you are buying a property, final payment for our services is due as soon as your contract goes unconditional. You are to pay this by credit card in your Dashboard on our website.

8.2.5  If you are selling a property and a deposit is paid by the purchaser to us, we will deduct our final fee out of those funds.  However if a deposit isn't paid our final fee will be deducted from the sale proceeds.

8.2.6  If you are refinancing property, payment is required in full before we carry out the legal services for your refinance.

8.3  Payment for all other services:

8.3.1  Payment for all other services is required in full before we carry out the legal services you have engaged us for unless otherwise arranged.

8.4  General:

8.4.1  If you order the wrong legal service for any reason Legal Beagle may, before Legal Beagle carries out the legal service for you, or at any time thereafter, require that you pay Legal Beagle the difference between the amount charged to you for the legal service and the correct amount payable.

9.  Proof of Identity

9.1  As we are providing legal services online, we need you to give us copies of the following identification before we can start working for you:

9.1.1  One photo ID (eg Passport, Driver’s Licence, Firearms Licence, Student ID etc); and

9.1.2  Proof of your address dated within the last 2 months (such as a power bill, insurance bill, rates demand or bank statement.

9.2  We prefer that identification be provided through your Documents area of your Project. Simply use your Smart Phone to take a picture of the required document(s), log in to the website on your phone's web browser, and click through to the Project, where you will see the Documents area. Simply "Click here to browse your computer" and allow permission to access Photos. Select the photo(s) and submit them.


10.  Acceptance of documents

10.1  Relationship Property matters:

10.1.1  We will only accept/provide advice on an agreement that has been prepared by another lawyer, i.e. a Relationship Property Agreement (Contracting Out Agreement, Pre-nuptial Agreement) or Separation Agreement.

10.2  Property/conveyancing matters:

10.2.1  We will only accept/review an Agreement for Sale and Purchase of Real Estate that has been prepared by another law firm or real estate agency (using the form approved by the Real Estate Institute of New Zealand (REINZ) and by the Auckland District Law Society (ADLS)).

11.  Property/Conveyancing matters

11.1  If we are working on a property transaction for you, your Agreement for Sale and Purchase might include conditions. If a condition is not satisfied or waived by the condition date, the other party may be able to cancel the Agreement for Sale and Purchase.

11.2  We need to receive your signed Agreement for Sale and Purchase at least 1  full working day before the first condition must be met, where the Agreement for Sale and Purchase is subject to conditions.  If you fail to do so, we may be unable to fulfil the condition in time (assuming the condition is reasonably capable of fulfilment) and the Agreement for Sale and Purchase may come to an end.

11.3  You must give us at least 24 hours’ notice if you want us to request an extension of a condition date.

11.4  You must transfer funds to our trust account in preparation for settlement at least 1 working day before your settlement date.  This is to ensure we have cleared funds for payment on your behalf. If you don’t, your settlement could be delayed and you might have to pay the other party penalty interest.

11.5  We must have documents returned to us 3 days before settlement, eg the documents must be back with us on a Tuesday for a Friday settlement.

11.6  You will be required to have your photo ID certified by the same person who witnessed your Authority and Instruction form which is provided by us; this is a legal requirement by Land information New Zealand (LINZ).  Please refer to our signing instructions for witnessing of our documents.  We do not accept electronic signatures on documents which require witnessing. 

11.7  Late arrival of money or documents: settlement may be delayed and you may have to pay penalty interest because of the delay.

11.8  We take no responsibility for any penalties incurred as a result of funds not arriving in time to settle on settlement day due to delays by the bank.

11.9  We need at least 24 hours' notice to prepare an Agreement for Sale and Purchase.  We may be able to prepare your Agreement for Sale and Purchase within the 24 hour period if our team has capacity to prepare the agreement and you are willing to pay an urgency fee of $100.00.

11.10  We need at least 24 hours’ notice to review an Agreement for Sale and Purchase for a property that is not selling by auction or tender. We may be able to review your Agreement for Sale and Purchase within the 24 hour period if our team has capacity to carry out an urgent review and you are willing to pay an urgency fee of $100.00.

11.11  We need at least 48 hours’ notice to review an Agreement for Sale and Purchase and related documents for a property that is selling by auction or tender. We may be able to review your Agreement for Sale and Purchase and related documents within the 48 hour period if our team has capacity to carry out an urgent review and you are willing to pay an urgency fee of $100.00.

11.12  We need 6 full working days from unconditional date to settlement.  We need this time so that you and we can complete all pre-settlement requirements.

11.13  Certificate of Title: it is your responsibility to check that the boundaries and flats plan on the property is as per the title we provide you with.

 

12.  Funds on Interest-Bearing Deposit / Commission

12.1  If we need to hold your funds for longer than 3 days we may contact you for instructions to transfer your funds from a non-interest-bearing to an interest-bearing account.

12.2  We charge a commission of 5% on all gross interest earned on any money you put on interest bearing deposit in our trust account.

13.  Fixed Price Guarantee

13.1  Our fixed price guarantee applies to all quotes we provide by our instant quote tool on our website and by email.

13.2  Our conditions for our Fixed Price Guarantee are:

13.2.1  Your situation must stay the same to the situation you disclosed to us when you first engaged our services; and

13.2.2  You have answered the questions in the instant quote tool on our website truthfully and accurately.

13.3  If your situation changes, or differs from what you initially indicated, we will give you a competitive quote for our legal team to complete the extra work before we carry out that extra work.

14.  Client Satisfaction Guarantee

14.1  If you are not satisfied with our documents or services for any reason, please contact our Managing Director, Claudia King, on 0508 453 425 or at claudia@legalbeagle.co.nz.

14.2  You need to let us try to resolve the issue before requesting a refund of the legal fees you have paid us.

14.3  If we are unable to resolve the issue to your satisfaction, we will refund the legal fees you have paid for that particular matter.

14.4  We cannot guarantee the results or outcome of your particular legal matter. For example, if you are trying to register a trademark, the Intellectual Property Office of New Zealand might reject a trademark application for legal reasons beyond the scope of Legal Beagle's service, or the LINZ website might go down and we can't transfer your property title, or a building report that highlights issues with a property could mean your sale falls through. Problems like these are beyond our control and are not covered by this guarantee.

15.  Files

15.1  We do not have hardcopy files as all our files are electronic. We will store important hard copy documents for you in safe custody, including Wills and deeds.

16.  Conflicts of interest

16.1  We have procedures in place to find and respond to conflicts of interest.

16.2  If a conflict of interest arises when we are working for you we will advise you of this and follow the requirements and procedures set out in the New Zealand Law Society's Rules of Conduct and Client Care for Lawyers.

17.  Use of our website

17.1  You agree to comply with these terms and conditions at all times. If you breach these terms and conditions we reserve the right to cancel your account and engagement with us. We have the sole discretion to make decisions about whether you have breached these terms and conditions.

17.2  You agree to use our website and any products and services you purchase on our website for lawful purposes only.

17.3  You must not take any action that imposes an unreasonable load on the infrastructure of our website.

17.4  You are responsible for all access to our website and Dashboard through the use of your username and password.

17.5  You must keep your username and password confidential at all times.

17.6  You must immediately notify us if you become aware of any unauthorised use of your username or password.

18.  Availability of our website

18.1  Access to and use of certain parts of our website including the Dashboard will require you to create an account with a username and password.

18.2  We aim to make our website available to you to use 24 hours a day, 7 days a week, but we make no guarantee about the availability of our website.

18.3  If a fault happens with our website we will try to correct the fault as soon as possible.

18.4  Your access to our website might be restricted occasionally to allow us to carry out repairs and maintenance to our website.

18.5  We do not promise that:

18.5.1  Our website will be fully functional at all times;

18.5.2  Any defects or faults in our website will be fixed;

18.5.3  Our website is free of viruses or bugs.

18.6  We reserve the right to suspend and withdraw access to some or all of our pages on our website without notice any time and we accept no responsibility for these pages on our website not being available.

19.  Intellectual Property

19.1  Our website contains intellectual property owned by us, including trademarks, copyrights, proprietary information and other intellectual property.

19.2  You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the content or other intellectual property, in whole or in part, without our prior written consent.

19.3  We reserve the right to immediately cancel your access to our website and cease acting for you if you are caught violating this intellectual property policy.

19.4  We retain a copyright interest in any documents, communications and other material we prepare for you as part of our legal services (“documents”) but upon payment in full for our legal services we give you a free licence for an unlimited time to copy and use the documents as you see fit. We are allowed to copy and use the documents (other than any details that might identify you) for our benefit and the benefit of our other clients, including being free to licence the documents to other clients on these same or similar terms and conditions.

20.  Amending these terms and conditions

20.1  We may amend these terms and conditions from time to time and these changes will be deemed to be immediately incorporated into and form part of these terms and conditions.

21.  Privacy Policy

21.1  We do not capture or store any personal information about individuals who look at our website, except where you choose to give us your personal details by email or an online form or via the instant quote tool to enquire about a product or service on our website or get an instant quote.

21.2  Where you complete our instant quote tool or online forms the personal information you give us will be used by us to provide the information or products or services you requested.

21.3  We collect and store only the following information from people visiting our website that is automatically recognised: the date and time, the originating IP, the type of browser and operating system used, the URL of the referring page, the object requested, and the completion status of the request.

21.4  People who visit our website remain anonymous as none of the data we collect is linked to any personal information. The information only allows us to work on any problems with our server, and look at the popularity of the pages on our website, so that we can continually improve our site.

21.5  If you engage our services we will ask you to provide us with certain personal information, and we will keep your personal information private and confidential unless we have to disclose your personal information by law or you ask us to disclose it.

21.6  Please feel free to contact us at info@legalbeagle.co.nz at any time to have this information updated or corrected.

22.  Disclaimer

22.1  Our website and all blog articles, resources, tools, and other resources are educational and informational resources only, and are not a substitute for getting legal advice from a lawyer.

22.2  We cannot guarantee the outcome of following the information and recommendations provided on our website and in our blog articles, resources and tools, and any statements made regarding the potential outcome are general and expressions of opinion only.

22.3  By continuing to read our website, blog articles, resources and tools, you acknowledge that we cannot guarantee any particular results; as such outcomes are based on subjective factors that are not within our control. Therefore, following any information or recommendations provided on our website, blog articles, resources, and tools are at your own risk. If you need legal advice, you need to formally engage our legal services or engage a lawyer at a different law firm.

22.4  We disclaim all liability and responsibility arising from any reliance you place on the information contained in our website and all blog articles, resources and tools.

22.5  We do not accept liability for any loss that happens because you did not receive or read a communication we sent you.

22.6  We are not qualified to give you any investment advice so we recommend you speak to a qualified financial adviser to get investment advice.

22.7  We disclaim all liability and responsibility arising from missing a condition date or settlement date due to you breaching these terms and conditions, or because we are unable to contact you.

23.  Feedback policy

23.1  If you have any feedback or a complaint, please tell us. Please contact our Managing Director, Claudia King, by email at claudia@legalbeagle.co.nz or by phone on 0508 453 428.

23.2  If you are not happy with the way we have handled your complaint, you can contact the New Zealand Law Society to make a formal complaint: https://www.lawsociety.org.nz/for-the-community/lawyers-complaints-service

24.  Our Professional Indemnity Insurance

24.1  Our professional indemnity insurance covers claims brought against us by clients due to professional negligence.

24.2  Our professional indemnity insurance meets New Zealand Law Society standards.

24.3  We can provide you with further details of our professional indemnity insurance if you would like us to. Please feel free to email us at info@legalbeagle.co.nz.

25.  New Zealand Law Society's Fidelity Fund

25.1  The New Zealand Law Society's Solicitors' Fidelity Guarantee Fund (the Fidelity Fund) gives clients of lawyers protection against theft by a lawyer or a lawyer's employee or agent.

25.2  For more information about what the Fidelity Fund covers, go to www.lawyers.org.nz.

26.  Applicable Law

26.1  These terms and conditions are governed by the laws of New Zealand.

26.2  Our website is intended to be used by people living in New Zealand as well people living overseas who require legal services in New Zealand.

 

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Legal Beagle is not a law firm or a substitute for a law firm. We are unable to provide any kind of advice, explanation, opinion, or recommendation about possible legal rights, remedies, defences, options, selection of legal documents or strategies.
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