|
1. Definitions
1.1 'client' means the client of Farley Dwek LLP.
1.2 The 'firm' means Farley Dwek LLP Solicitors whose registered address is Suite 1.2, First Floor, One Universal Square, Devonshire Street North, Manchester, M12 6JH. UK. Registered in England and Wales (Number OC326050). Members of Farley Dwek LLP will be referred to as partners. Regulated by the Solicitors Regulation Authority. www.sra.org.uk
1.3 'compensation' means all monies that are recovered by the firm or legal representative from the third party .
1.4 'contract' means the signed Letter of Engagement between the client and the firm relating to the supply of services incorporating these terms and conditions.
1.5 'services' means all or any of the services as specified in the contract.
1.6 "Solicitor" and "legal representative" includes Lawyers, Legal Executives and Para Legals.
1.7 'third party' means any person firm body public authority or private company that was negligent and has the potential to be pursued in relation to a personal injury claim.
1.8 VAT' means value added tax at the then prevailing rate.
2. Duration
The contract shall commence on the date on which the client's signed contract has been received by the firm and unless earlier terminated as provided below or in the Letter of Engagement shall continue until:
2.1 Compensation is recovered for the client by the firm or legal representative; or
2.2 The firm or legal representative advises the client that it is unable to recover compensation; or
2.3 The firm exercises its right not to pursue a claim for compensation.
3. Services
The firm agrees with the client:
3.1 To provide the services using reasonable skill and care;
3.2 To notify the client promptly and in writing if it decides that it will not pursue an application for compensation;
3.3 To keep the client informed in writing of the progress of the claim;
3.4 To comply with any request from the client for a copy of the personal data that it holds. The firm reserves the right to charge a fee to cover the administration costs of providing this information;
3.5 To correct any inaccuracies in any personal data held at the request of the client;
3.6 To act in the best interests of the client at all times.
4 Enquiries
4.1 Subject to number of enquiries that Claims Made Simple by Farley Dwek LLP receives:
4.1.1 No assurances can be given that any individual enquiry will be acted upon within 5 working days of receipt.
4.1.2 It is the enquirer's own responsibility to ensure that Claims Made Simple by Farley Dwek LLP has received any relevant enquiry.
4.1.3 Where no reply has been received within 5 working days, then the enquirer should immediately contact Farley Dwek LLP by phone on the number provided on the Site.
4.2 Claims that may be rejected by Claims Made Simple by Farley Dwek LLP:
4.2.1 If an enquirer contacts Farley Dwek LLP for assistance within 1 year before any relevant limitation period is due to expire or alternatively where the limitation period has already expired.
4.2.2 If any enquirer is already using a Solicitor and/or legal representative in connection with a claim.
4.2.3 If an enquirer has already started Court Proceedings in connection with the relevant claim.
5 Charges
5.1 The firm reserves the right to charge the client an administration fee if any information provided by the client is misleading or contains material omissions which results in the firm providing the service to the client, which it would have declined to do, if it had been in possession of the full information.
5.2 In the event the firm takes steps to recover any service charges due and unpaid by the client to the firm, the client shall pay to the firm a recovery fee of £100 plus VAT.
5.3 The client undertakes that it will at all times keep the firm indemnified against all costs and expenses incurred by the firm, including but not limited to, Court fees, interest and administrative fees in recovering from the client any service charges due and unpaid from the client to the firm.
6. General obligations of the client
The client agrees with the firm:
6.1 To provide promptly all such information as the firm may from time to time reasonably request;
6.2 To ensure that all information sent to the firm is accurate, not misleading and shall not contain any relevant omissions;
6.3 To authorise the firm to act on its behalf to contact the third party or such other persons, firms or companies as the firm considers necessary to perform the services and to authorise the release of any such information as the firm deems appropriate;
6.4 To authorise the firm to negotiate on the merits of the client's claim;
6.5 To accept these terms and conditions as binding on the client and to be responsible to the firm for any breach;
6.6 Not to appoint any other person, firm or company to provide the services;
6.7 Not to contact the third party without the consent of the firm;
6.8 To immediately copy to the firm any correspondence it receives from the third party;
6.9 To promptly notify the firm of the full names of all 3rd parties involved in the progression of the compensation claim.
7 Performance
The firm shall not be liable for any loss, damage or expense arising from any delay in the performance of any services from whatever cause nor shall any such delay entitle the client to repudiate the contract.
8. Liability
8.1 The firm's liability in respect of the services is to provide the same with reasonable skill and care.
8.2 The liability of the firm to the client in contract, tort (including negligence for breach of statutory duty) or otherwise howsoever under or in connection with the contract shall be limited as follows:
8.2.1 For death or personal injury resulting from the firm's negligence, no limit shall apply;
8.2.2 the firm shall have no liability for any consequential loss or damage suffered by the client under or in connection with the contract occasioned by any act or omission on the part of the firm, whether directly or indirectly.
9. Termination
The client agrees with the firm:
9.1 The firm shall have the right by giving written notice to the client at any time to immediately terminate the contract if there occurs any material breach by the client of any term of the contract which is irremediable or if remediable is not remedied to the firm's satisfaction within 15 days of a written notice by the company specifying the breach and requiring it to be remedied. For example if at any stage you decide to abandon the claim and withdraw instructions leaving us with no possibility of recovering any costs from the third party, act against our advice, fail to cooperate with us or give us necessary instructions.
9.2 No failure or delay in exercising any of the firm's rights shall constitute a waiver of the same or any other of its rights.
9.3 The client shall have the right to terminate the contract by giving written notice to the firm within 14 days of signing the contract. Termination will only take effect from the date that the firm acknowledges in writing to the client the notice of termination, such written acknowledgement being provided as soon as practicably possible. In the event that the client terminates the contract the firm reserves the right to ask the client for a contribution towards such preparation, processing, submission and processing costs as may have been incurred by the firm up to the time that the client's written cancellation has been received by the company, subject to a minimum charge of £100 plus VAT.
10 Force majeure
The firm shall not be liable for any delay or other failure to perform any services by reason of any cause whatsoever beyond its reasonable control and the time for performance shall be extended by the period of any such delay.
11 Confidentiality
The subject matter of the contract and any information acquired by either the firm and the client pursuant to the contract is confidential and save in accordance with the firm's privacy policy neither the firm or the client shall, without prior written consent of the other party make any use or disclosure thereof except for the purposes of the contract save to the extent such information is or becomes publicly available otherwise than in breach of the foregoing obligations.
12 Privacy Policy and Data Protection
Any of your details and information concerning your claim will be passed on to Farley Dwek LLP. Also, we may use your personal details and your settlement details for the purposes of marketing Claims Made Simple and/or Farley Dwek LLP and other Legal/Financial/Medical and related services. All personal data will be held in accordance with the terms of the firm's Privacy Statement which can be found on this website. All data is held in accordance with the provisions of the Data Protection Act 1998.
13 Warranties and Representations
All warranties, conditions, undertakings, representations and terms whether express or implied, statutory or otherwise are hereby excluded to the fullest extent permitted by law.
14 Assignment and Sub-contracting
The firm reserves the right to assign the contract and all rights under it and to sub-contract to others all or any of its obligations. This contract is personal to the client and is not assignable except to the personal representatives of the client.
15 Rights of third parties
No person other than the firm, any person to whom the firm assigns the contract and the client shall acquire any enforceable rights under or in connection with the contract.
16 Entire agreement
The contract contains all the terms which the firm and client have agreed in relation to its subject matter and supersedes all previous oral or written communications between the parties and the firm does not authorise the giving of representations on its behalf by any person unless confirmed in writing and signed by a partner of the firm.
17 Notices
Any notice to be given in accordance with the contract and these terms and conditions must be in writing.
18 Severability
If any provision of this contract is held by any court or other competent authority to be void or unenforceable in whole or part, the other provisions of the contract and the remainder of the affected provisions shall continue to be valid.
19 Variations
Farley Dwek LLP expressly reserves the right to amend and/or update these Terms and Conditions from time to time. By visiting our Web Site all visitors accept that they are bound by the current Terms and Conditions and Notices. It is strongly recommended that all visitors check relevant Terms and Conditions each and every time they visit our Site.
20 Law and Jurisdiction
The law applicable to this contract shall be English law and the parties consent to the jurisdiction of the English courts in all matters affecting this contract.
|
