Terms of Engagement
1. GENERAL
1.1. These standard terms of engagement (Terms) apply to any current engagement and to any future engagement. We (Montem Limited trading as Montem Counselling) are entitled to change these Terms from time to time, in which case we will post the amended Terms on the Montem Counselling website: www.montem.com.
1.2 These terms form an intregal part of the Client Consent agreement. If there is any discrepency, the Client Consent agreement is to take precidence.
2. CLIENT CARE AND SERVICE
2.1. Our client-care and -service information is set out below. Whatever counselling services your counsellor is providing, they must:
· Act competently, in a timely way, and in accordance with instructions received and arrangements made.
· Protect and promote your interests and provide counselling 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 guidance.
· 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.
2.2. Additional obligations New Zealand Association of Counsellors (NZAC) registered counsellors owe to clients are described in the NZAC Code of Ethics. Those obligations are subject to other overriding duties, including duties under law and regulations, such as the Health and Disability Commissioner (Code of Health and Disability Services Consumers' Rights) Regulations 1996.
3. SERVICES
3.1. The services we are to provide for you (the Services) are outlined in the Client Consent, along with any further instructions you provide us and which we agree to.
4. COMMUNICATIONS
4.1. We will obtain from you contact details, including email address, address, and telephone numbers, and the name and mobile number of an alternative contact person, usually next-of-kin. We may provide documents and other communications to you by email (or other electronic means). You will advise us if any of your contact details change.
4.2. We will only contact the alternate when there is good reason to believe your or others safety is at significant risk and you have not responded to our communications in a reasonable time, and when we have advised you of our need to contact the alternate.
4.3. You agree we may provide you from time to time with other information that may be relevant to you, such as newsletters and information bulletins. At any time, you may request this not be sent to you.
5. FINANCIAL
5.1. Fees: The basis upon which we will charge our fees is set out in the Client Consent. If the Client Consent specifies a fixed fee, we will charge this for the agreed scope of the Services. Work which falls outside that scope will be charged on an hourly rate basis. We will advise you as soon as reasonably practicable if it becomes necessary for us to provide services outside of the agreed scope and, if requested, give you an estimate of the likely amount of the further costs.
5.2. Adjustment: Hourly fees may be adjusted by us with 14-days notice.
5.3. Disbursements, Office Costs, and Third-Party Expenses: If, in providing the Services, we incur disbursements, office expenses, or payments to third parties on your behalf that are reasonably required to undertake the Services, we will give you as advance warning as is practicable. You authorise us to incur and make payments on your behalf (which may include items such as specialist clinical supervision). We will also advise you whether payment is required in advance or may be included in our invoice to you, shown as ‘disbursements’.
5.4. Goods and Services Tax (GST): Our services will usually attract GST. If this is the case, GST is payable by you on our fees and charges.
5.5. Payment: Unless by prior agreement, the Services are due payment at the time or prior. Payment may be made by direct bank deposit (38-9019-0806259-00, Montem Limited, particulars: [your family name], reference: [the date of the session]) or EFTPOS, or VISA credit/debit card. Invoices are payable within 7 days of the date of the invoice unless alternative arrangements have been agreed by us.
5.6. Invoices: When payment by invoice has our prior agreement, we will send interim invoices to you, usually monthly, and on completion of the matter, or termination of our engagement. We may send you invoices more frequently when we incur a significant expense or undertake a significant amount of work over a shorter period.
5.7. Non-payment: If you have difficulty in paying any of our accounts, please contact us promptly so we may discuss payment arrangements. If your account is overdue, we may:
5.7.1. Require interest to be paid on any amount which is more than 7 days overdue, calculated at the rate of 5% above the overdraft rate that our firm's main trading bank charges us for the period the invoice is outstanding.
5.7.2. Stop work on any matters in respect of which we are providing services to you.
5.7.3. Require an additional payment of fees in advance before recommencing work.
5.7.4. Recover from you in full any costs we incur in seeking to recover the amounts from you, including our own fees and the fees of any collection agency.
5.8. Fees and disbursements in advance: We may ask you to pre-pay amounts to us, or to provide security for our fees and expenses. We may do this, on reasonable notice, at any time.
5.9. Estimates: You may request an estimate of our fee for undertaking the Services at any time. If practicable, we will provide you with an estimate (which may be a range between a minimum and a maximum amount or for a task or step). An estimate is not a quote. Any significant assumptions included in the estimate will be stated and you must tell us if those assumptions are wrong or change. We will inform you if we are likely to exceed the estimate by any substantial amount. Unless specified, an estimate includes GST, but excludes disbursements and expenses.
5.10. Third Parties: Although you may expect to be reimbursed by a third party for our fees and expenses, and although our invoices may at your request or with your approval be directed to a third party, you remain responsible for payment to us in accordance with these Terms if the third party fails to pay us.
6. CONFIDENTIALITY AND PERSONAL INFORMATION
6.1. Confidence: We will hold in confidence all information concerning you or your affairs we acquire while providing the Service. We will not disclose any of this information to any other person except to the extent necessary or desirable to enable us to ensure:
6.1.1. Your and others safety where there is substantial and imminent risk of harm; and
6.1.2. Adequate clinical supervision of your counsellor; or
6.1.3. As expressly or impliedly agreed by you; or
6.1.4. As necessary to protect our interests in respect of any complaint or dispute; or
6.1.5. To the extent required or permitted by law.
6.2. Internal Confidentiality: Confidential information concerning you will as far as practicable be made available only to those within our firm who are providing the Service for you or enabling the Service.
6.3. Personal information and Privacy: In our dealings with you we will collect and hold personal information about you. We will use that information to carry out the Services and to contact you about issues we believe may be of interest to you. Provision of personal information is voluntary but if you do not provide full information this may impact on our ability to provide the Services. Further details of our privacy policy are provided on our website.
6.4. Subject to clause 6.1, you authorise us to disclose, in the normal course of performing the Services, such personal information to third parties for the purpose of providing the Services and any other purposes set out in these Terms.
6.5. We may disclose your name and address to third parties such as credit agencies to perform a credit reference or to undertake credit management or collection processes if it is reasonable to do so.
6.6. The information we collect and hold about you will be kept at our offices and/or at secure file storage sites (including electronic file storage sites) elsewhere. If you are an individual, you have the right to access and correct this information. If you require access, please contact your counsellor.
6.7. Verification of identity: To protect yourself and others, we need to verify your identity. We may therefore ask you to show us documents verifying your identity (such as a passport or driver’s licence). However, we will not retain copies of these documents.
7. DOCUMENTS, RECORDS, AND INFORMATION
7.1. We will keep clinical records we receive or create on your behalf on the following basis:
7.1.1. We may keep a record electronically and destroy originals (except where the existence of an original is legally important).
7.1.2. At any time, we may dispose of documents which are duplicates, or which are trivial (such as emails which do not contain substantive information), or documents which belong to us.
7.1.3. We will provide to you on request copies or originals (at our option) of all documents to which you are entitled under the Privacy Act 1993 or any other law. We may charge you our reasonable costs for doing this.
7.1.4. Where we hold documents belonging to a third party, you will need to provide us with that party’s written authority to uplift or obtain a copy of that document.
7.2. Unless you instruct us in writing otherwise, you authorise us and consent to us (without further reference to you) to destroy (or delete in the case of electronic records) all files and documents in respect of the Services 10 years after our engagement ends. We may retain documents for longer at our option.
7.3. We own copyright in all documents or work we create in the course of performing the Services but grant you a non-exclusive licence to use and copy the documents as you see fit for your own personal use. However, you may not permit any third party to copy, adapt or use the documents without our written permission.
8. GOVERNING LAW AND COMPLIANCE
8.1. Our relationship with you is governed by New Zealand law, and New Zealand courts have exclusive jurisdiction. We are obliged to comply with all laws applicable to us in all jurisdictions.
8.2. Our services are provided in compliance within the guidelines of NZAC Code of Ethics.
8.3. If the personal information required by us is not provided, or considered by us to be potentially inaccurate, misleading, or in contravention of any law, we may terminate or refuse to enter an engagement.
9. CONFLICTS OF INTEREST
9.1. We have procedures in place to identify and respond to conflicts of interest or potential conflicts of interest. If a conflict of interest arises, we will advise you of this and follow the requirements and procedures set out in the NZAC Code of Ethics. This may mean we cannot act for you further in a matter and we may terminate our engagement.
10. DUTY OF CARE
10.1. Our duty of care is to you and not to any other person. We owe no liability to any other person, including for example any directors, shareholders, associated companies, employees, or family members unless we expressly agree in writing. We do not accept any responsibility or liability whatsoever to any third parties who may be affected by our performance of the Services or who may rely on any guidance we give, except as expressly agreed by us in writing.
10.2. Our guidance is not to be referred to in connection with any public document without our written consent.
10.3. Our guidance is opinion only, based on the facts known to us and on our professional judgement, and is subject to any changes in your circumstances after the date on which the guidance is given. We are not liable for errors in, or omissions from, any information provided by third parties.
10.4. Our guidance relates only to each matter in respect of which you engage us. Once that matter is at an end, we will not owe you any duty or liability in respect of any related or other matters unless you specifically engage us in respect of those related or other matters.
10.5. Unless otherwise agreed, we may communicate with you and with others by electronic means. We cannot guarantee these communications will not be lost or affected for some reason beyond our reasonable control, and we will not be liable for any damage or loss caused by such communications.
11. LIMITATIONS ON OUR OBLIGATIONS OR LIABILITY
11.1. To the extent allowed by law, our aggregate liability to you (whether in contract, tort, equity, or otherwise) in connection with our Services is limited to the amount available to be payable under the Professional Indemnity Insurance held by the firm.
12. TERMINATION
12.1. You may terminate the Service at any time.
12.2. We may terminate the Service in any of the circumstances set out in the NZAC Code of Ethics, including the existence of a conflict of interest, non-payment of fees, and failure to provide instructions.
12.3. If the Service is terminated, you must pay us all fees, disbursements and expenses incurred up to and including the date of termination.
13. FEEDBACK AND COMPLAINTS
13.1. Client satisfaction is a primary objective and feedback from clients is helpful to us. If you would like to comment on any aspect of the service provided by us, including how we can improve our service, please contact your counsellor.
13.2. If you have any concerns or complaints about our services, please raise them as soon as possible with the person to whom they relate. They will respond to your concerns as soon as possible. If you are not satisfied with the way that person has dealt with your complaint, please raise the matter with the counsellor’s supervisor, the name of whom will be provided by your counsellor on your request. We will inquire into your complaint and endeavour in good faith to resolve the matter with you in a way that is fair to all concerned.
13.3. If you are not satisfied with the way we have dealt with your complaint, the NZAC has a complaints service to which you may refer the issue. You can call the number below for guidance, lodge a concern or make a formal complaint. Matters may be directed to:
Ethics Secretary
New Zealand Association of Counsellors
PO Box 24154
Wellington 6140
Phone: 04 471 0307
Email: ethicssecretary@nzac.org.nz