TERMS & CONDITIONS
- Our advice
Our advice relates to the specific circumstances in which you are instructing us, and will be based on our understanding of the law and practice as at the time we provide it. You must not rely on our advice in different circumstances or at a time other than when we provide it. Unless we agree otherwise with you, we will not update the advice we provide to take account of any changes in the law or practice which may affect our advice.
Unless you instruct us not to, we may use e-mails to contact you or anybody involved in the work we do for you. The nature of the internet and e-mail means that we cannot guarantee how secure the e-mails will be, or when you will receive them. We are careful to make sure that our computer systems are free from viruses and secure but we cannot be held responsible for:
- e-mails arriving late;
- any loss or damage caused by e-mail security being broken; or
- damage to your computer system caused by electronic communications with us.
We use filtering software to limit the effects of unwanted e-mails and viruses on our systems. This means that there is a risk that genuine correspondence may not always reach the person who is meant to receive it. As a result, you should follow up all important e-mails by other methods of communication.
- Data protection and marketing
When dealing with your instructions, we may collect, hold and use your personal information. We will use it to deal with your instructions, and our own products and services (including marketing e-mails), and will keep to any relevant regulations. We may also keep documents connected with the work we do for you. This is so we can refer to the legal content and analysis in these in relation to future matters.
For these purposes, we may transfer this information or make it available to:
- the Firm’s offices, in line with the data-protection rules;
- other people or organisations who process information on our behalf; and
- other organisations – for example, courts, police or regulatory authorities – if we have a legal duty to do so.
Except in the above cases, we will not release your information to anyone without your permission. For us to be able to keep to all laws and regulations and internal policies, we will monitor electronic communications as far as we are allowed by the relevant laws and rules.
- Our liability to you
If we fail to comply with these terms, we may be responsible for loss or damage you suffer that is a foreseeable result of our breach of the terms or our negligence. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this contract.
- Fees and disbursements
Should you receive any compensation awarded by the FOS/FSCS, you agree to pay us the agreed fee.
- Payment of our bills
Our bills are payable on receipt. If they have not been paid within 30 days we may charge interest on any unpaid amount from the end of the 30 day period until payment. The interest rate applicable will be the rate payable on judgment debts from time to time. Until you have paid all sums due to us we have the right to retain any money, assets, property or files belonging to you which are in our possession.
- Client money
In the course of acting for you we may receive moneys on your behalf. Unless we have agreed otherwise with you, any moneys we hold on your behalf will be held in our general client account. Where we have agreed to place moneys on your behalf in a designated deposit account we shall account to you for all the interest earned on the relevant deposit.
Whether or not we hold any moneys on your account, we shall not be responsible for any loss which occurs if the bank with which our client account is held defaults.
We reserve the right to deduct from any moneys which we hold on your behalf an amount equal to any unpaid fees or disbursements covered by any bills which we have sent to you since we started acting for you.
If any information is confidential, we will keep it confidential. However, unless you tell us otherwise, we will assume that we are authorised to make information about you available to your other advisers if we consider it is appropriate to do so, and to other organisations such as word-processing, translation and waste-disposal agencies. We will also make information available to courts, police or regulatory authorities, if we have a legal duty to do so.
To keep to our regulatory obligations and the requirements of our insurers, we may release privileged and confidential information to our insurers if we believe there are circumstances connected to your matter which could give rise to a claim against us. The purpose of releasing the information is to make sure we protect your interests and that you are covered in all circumstances. By accepting these terms, you agree to us releasing this information without having to ask you again in the future.
- Conflicts of interest
Our professional rules impose various obligations on us when there is a conflict of interest or significant risk of a conflict of interest arising between two or more of our clients.
We have systems in place to identify possible conflicts of interest and to ensure that we do not infringe our professional rules or duties when acting for you.
You acknowledge that we act for many clients some of whom or which may have interests which are adverse to yours or that may compete with you. You agree that this will not necessarily mean that we will have to cease acting either for you or our other clients although you accept that this is a possibility depending on the circumstances.
For the avoidance of doubt we will not accept instructions to act for another party to a transaction on which we have already accepted instructions to act for you unless our professional rules allow us to do so and we have your informed consent in writing. We will never act for the opposite party when you have instructed us in a litigation matter.
- Money laundering
We have a legal responsibility not to become unknowingly involved in any money-laundering activities. To meet these responsibilities, we may ask you to provide documents and use a web-based identity checking service to confirm your identity (and the identity of your directors, management, trustees and owners if this applies). In doing so, we may pass personal information that you give us to a credit-reference agency, which may keep a record of that information.
We may not be able to act for you if we are not able satisfactorily to check your identity and confirm other information. We will not accept, from you or from anyone else acting on your behalf, amounts in cash of more than £250, $350 or similar amounts in other currencies, unless we have agreed this with you beforehand.
- Governing law and jurisdiction
Unless we agree with you otherwise, and the agreement is set out in writing in the engagement letter, our agreement with you is governed by English law. If you want to take any dispute between us to court, you must take it to the English court and not any other court. However, we still have the right to take proceedings against you in any other court which has authority over any dispute between us.
- Papers and documents
We will store the files which we have created during the course of our relationship with you for at least six years after our final bill is sent to you in respect of every matter on which we work for you. We have the right to retain our files until you have paid all sums due to us in connection with our retainer to act for you.
We agree to retain not only hard copy files but also any documents which have been created and stored electronically.
You agree that six years after our final bill has been sent to you in respect of any matter, we may destroy any records which we are holding on your behalf.
We aim to provide the highest possible standard of professional skills and service. If you are not happy with any part of our work, including our bill, please let us know as soon as possible. We will try to deal with any problem quickly and we have our own complaints procedure to help us sort out the problem.
If, for any reason, this does not work, you may want to refer the matter to the Legal Ombudsman. For work carried out by us you can refer to the claims procedure operated by the Legal Ombudsman whose contact details are Legal Ombudsman PO Box 6806 Wolverhampton WV1 9WJ or call 0300 555 0333 or email firstname.lastname@example.org
- Accepting these terms
If you continue to instruct us after receiving these terms of business, you will have accepted the conditions set out above.
- Equality and diversity
Assets Recovered (UK) LLP is committed to promoting equality and diversity in all of its dealings with clients, third parties and employees. Please contact us if you would like a copy of our equality and diversity policy.
34 Ely Place, EC1N 6TD
London, United Kingdom
+44(0)20 3011 1779