This brochure confirms our mutual understanding of the terms of engagement agreed with you and PKF Kazakhstan (hereinafter PKF) and the nature and limitations of the services we provide. This brochure sets out the obligations of each party. The specific scope of the engagement may also be agreed in writing in a separate engagement document signed by both parties. This brochure forms part of that agreement and is to be read in conjunction with that document.
Purpose, Scope and Output of the Engagement
This firm will provide inter alia legal services which will be conducted in accordance with the relevant professional and ethical standards. The scope of our engagement may include;
- Due diligence
- Mergers and acquisitions (M&A)
- International and local contracts
- Registration of companies, branches and representative offices
- Labor law
- Intellectual property
- Courts and arbitration
Our engagement cannot be relied upon to disclose irregularities including fraud, other illegal acts and errors that may exist. However, we will inform you of any such matters that come to our attention.
The provision of any services shall be agreed and documented in a separate engagement letter, contract or agreement.
Responsibilities
In conducting this engagement, information acquired by us in the course of the engagement is subject to strict confidentiality requirements. That information will not be disclosed by us to other parties except as required or allowed for by law or with your express consent.
Clients are required to arrange for reasonable access by us to relevant individuals and documents, and to be responsible for both the completeness and accuracy of the information supplied to us.
Fees
Our fees are based on all professional and non-professional time spent to complete legal services as agreed. We have professional staff at a variety of levels which will ensure your needs are met with maximum efficiency. To maintain quality and ensure that fees are charged accurately and reflect the value of work completed, our Partners supervise and control all work.
Where appropriate, professional staff with a lower charge rate will be used under the supervision of senior staff.
Our invoices are rendered on a regular basis as the work progresses and we issue detailed statements outlining all work performed. Payment can be made by credit card or direct bank transfer. We may agree alternate billing terms with you in writing.
You may terminate our engagement at any time. If you terminate our engagement after commencement, a tax invoice will be sent to you covering our time cost charges and related expenses incurred up to the time of termination, unless otherwise is provided in a written agrement.
PKF Kazakhstan reserves the right to charge interest on overdue amounts at an annual rate In accordance with the laws of Kazakhstan.
Ownership of Documents
All original documents obtained from the client arising from the engagement shall remain the property of the client. However, we reserve the right to make a reasonable number of copies of the original documents for our records.
As part of the delivery of our services, you consent to us communicating with you or on your behalf electronically. If any report or correspondence is sent electronically, PKF Kazakhstan will not be responsible for any unauthorised copying, interception, interference or delivery failure of the transmission. PKF Kazakhstan also does not warrant that the electronic transmission is virus free or will not harm the Client's computer systems. In addition, you consent to us storing your financial information electronically on either secure local or cloud-based services as required.
Guarantees for Payment
Any invoices and statements that are addressed in the entity’s name that being in either a company, trust, self-managed super fund, partnership, or non-profit organisation, are the responsibility of the office bearers, directors, trustees, self-managed super fund, members/trustees, or partners, to which each director/office bearer gives their personal guarantee to pay these accounts. The directors, trustees, self-managed super fund, members/trustees, or partners provide a personal guarantee to PKF Kazakhstan to pay any outstanding account that is derived in either their personal name or the name of any company, partnership, trust, self-managed super fund, or non-profit organisation that they are either a director, member, trustee or partner. Any partner, director, trustee, member/trustee will be equally and severally liable to pay the accounts of company, trust, self-managed super fund, partnership, or non-profit organisation to which they are involved partial or in full.
Furthermore, the partner, director, trustee, member/trustee will be equally and severally liable to pay the accounts of company, trust, self-managed super fund, partnership or non-profit organisation including any and all legal cost in pursuing the matter through either a debt recovery agency or solicitor. The amount recoverable will be the full amount of the account less any discounts provided plus the total account of solicitor or debt recovery costs including all court costs. In simple terms the full account of our service will be claimable plus any legal recover cost incurred in pursuant of our debt.
Confirmation of Terms
Acceptance of our services in conjunction with this information brochure indicates that you understand and accept the arrangements described herein. This information will be effective for future engagements unless we advise you of any change or agree in written in a separate agreement.