Authority to Uplift

Last edited 39 days ago by Steffanie Zhang.

{rty B}} {Pashall obtain, uplift, and securely manage the client file(s) from the previous legal representative(s) of {{Party A}}.

Party B shall review all documentation contained within the client file(s) and provide professional legal representation to Party A in relation to the matters contained therein.

Party B shall maintain strict confidentiality regarding all information contained within the client file(s) and shall not share, disseminate, or cause to be shared or disseminated any of the contents of said file(s) to any unauthorised third party.

For the avoidance of doubt, "unauthorised third party" shall mean any individual, entity, or organisation not explicitly authorised in writing by Party A to receive such information, except where disclosure is mandated by law or court order.

Party B shall implement appropriate security measures to safeguard the physical and/or electronic client file(s) against unauthorised access, use, modification, disclosure, or destruction.

Party B shall provide timely updates to Party A regarding the status of matters related to the client file(s) and shall promptly respond to reasonable inquiries from Party A regarding same.

Upon termination of this Agreement, Party B shall, at the direction of Party A, either return all client file materials to Party A or transfer said materials to Party A's newly appointed legal representative, subject to any lien rights Party B may have for unpaid fees and disbursements.

Time spent by Party B in obtaining, reviewing, and managing the client file(s) shall be billable in accordance with the fee structure outlined in Schedule B.

Party B shall implement a comprehensive data protection protocol for all of Party A's information, including but not limited to:

a) Utilisation of industry-standard encryption methods for all electronic communications and stored data relating to Party A's matters;

b) Restriction of access to Party A's information to only those staff members of Party B who are directly involved in providing services to Party A;

c) Maintenance of a secure, access-controlled physical storage system for any hard copies of documents or materials;

d) Implementation of multi-factor authentication for all digital systems storing Party A's information;

e) Regular security audits and updates to ensure all protection measures remain current and effective.

Party B acknowledges that, excluding circumstances of force majeure, acts of God, or natural disasters beyond reasonable control, Party B shall be responsible for maintaining the security and confidentiality of all Party A's information, data, and communications.

In the event of any security breach or unauthorised access to Party A's information, Party B shall:

(a) Notify Party A immediately upon discovery of such a breach;

b) Take immediate steps to contain and remedy the breach;

c) Provide Party A with a detailed written report of the breach, including affected information, remedial actions taken, and preventative measures implemented to avoid future occurrences;

d) Cooperate fully with any investigation Party A may wish to conduct regarding the breach.

17. Party B shall, upon request from Party A, provide documentation demonstrating compliance with these security measures.

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Schedule B: Fees and Payment Terms

Fee Structure:

Party B's standard professional fee rate is $400 per hour plus GST.

For the Services outlined in Schedule A, Party B has agreed to provide a professional discount, with a fixed fee of $1,500 plus GST (reduced from the initial quote of $2,000 plus GST).

This fixed fee covers all Services described in Schedule A. Any additional services requested by Party A that fall outside the scope defined in Schedule A will be charged at the standard hourly rate of $400 plus GST.

Unless prearranged and agreed by the Parties in writing, the fixed fee shall be payable upon receipt of Party B’s invoice by Party A. Failure to do so will attract an administration fee which will be proportionately billed with cost recovery fees and any adjacent fees that nonpayment will attract.

Party B shall provide Party A with detailed invoices for all fees and disbursements incurred, including any cost of uplifting the file.

All invoices are due and payable within fourteen (14) days of the invoice date.

Late payments shall accrue interest at a rate of 2% per month or the maximum rate permitted by law, whichever is less.

Any disbursements reasonably incurred by Party B in connection with the provision of the Services (such as filing fees, courier charges, reasonable travel expenses) shall be charged to Party A at cost and itemized separately on invoices.

Party B reserves the right to suspend the provision of Services if any invoice remains unpaid beyond the due date, after providing written notice to Party A.

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