1. Introduction
These Terms of Service (“Terms”) govern the provision of professional accounting and related services by JW & CO. ADVISORY LIMITED (“we”, “us”, or “our”) to you (“the Client”). By engaging our services, you agree to be bound by these Terms, together with any engagement letter or service agreement issued by us.
If there is any inconsistency between these Terms and an engagement letter, the engagement letter will prevail.
2. Scope of Services
2.1 We will provide accounting, taxation, advisory, and other professional services as agreed in writing with you from time to time.
2.2 Our services are limited to the scope expressly agreed and do not include legal, investment, or financial planning advice unless specifically stated in writing.
2.3 Any advice provided is based on the information supplied by you and on New Zealand legislation and practice in force at the time the advice is given.
3. Client Responsibilities
3.1 You agree to:
- Provide complete, accurate, and timely information relevant to our services
- Inform us promptly of any changes to your circumstances
- Review all documents we prepare and advise us of any errors or omissions
3.2 You are responsible for the accuracy and completeness of all information provided to us. We are entitled to rely on such information without independent verification unless otherwise agreed.
4. Fees and Payment
4.1 Our fees will be calculated as agreed in the engagement letter or otherwise communicated to you.
4.2 Invoices are payable within the number of days stated on the invoice or otherwise agreed with you.
4.3 We reserve the right to:
- Charge interest on overdue amounts
- Suspend or terminate services if invoices remain unpaid
4.4 All fees are exclusive of Goods and Services Tax (GST) unless stated otherwise.
5. Confidentiality
5.1 We will keep all Client information confidential in accordance with professional standards and applicable New Zealand law.
5.2 We may disclose confidential information where:
- Required by law or a regulatory authority
- Authorised by you
- Necessary to provide the agreed services
5.3 This obligation continues after termination of our services.
6. Privacy
6.1 We collect, use, store, and disclose personal information in accordance with the Privacy Act 2020.
6.2 Personal information may be used for:
- Providing professional services
- Compliance with legal and regulatory obligations
- Practice management and quality control
6.3 You have the right to access and request correction of your personal information.
7. Limitation of Liability
7.1 To the maximum extent permitted by law, our total liability arising from or in connection with our services shall be limited to the amount specified in the engagement letter or, if not specified, to the fees paid for the relevant services.
7.2 We will not be liable for:
- Any indirect or consequential loss
- Losses arising from inaccurate or incomplete information supplied by you
- Reliance on advice outside its stated purpose
7.3 Nothing in these Terms limits liability that cannot be excluded under New Zealand law.
8. Reliance on Advice
8.1 Our advice is provided solely for your use and benefit.
8.2 No third party may rely on our work or advice without our prior written consent.
9. Intellectual Property
9.1 All intellectual property rights in documents, reports, and materials prepared by us remain our property unless otherwise agreed.
9.2 You may use such materials only for the purpose for which they were provided.
10. Termination
10.1 Either party may terminate the engagement by providing written notice.
10.2 Upon termination:
- You must pay all outstanding fees for services performed up to the termination date
- We may retain documents until all outstanding amounts are paid, where permitted by law
11. Complaints
11.1 We are committed to providing high-quality professional services.
11.2 If you have a complaint, please contact JW & CO. ADVISORY LIMITED at info@jwco.nz or 09-529-9152, and we will endeavour to resolve the matter promptly and fairly.
12. Governing Law
These Terms are governed by and construed in accordance with the laws of New Zealand, and the parties submit to the exclusive jurisdiction of the New Zealand courts.
13. Amendments
We may amend these Terms from time to time. Updated Terms will apply to future engagements and ongoing services where permitted by law.