Terms of Business
Sponsorship Licence
Amicis Legal Services Ltd
Introduction
- These terms of business (“Terms”) govern the provision of legal services by Amicis Legal Services Ltd (“the Firm” or “we”) a limited company registered in England and Wales under Company Number 14537381, to you, the client (“the Client” or “you”).
- These terms of business are provided to you to comply with our requirements and recommendations by the Solicitors Regulation Authority and the Law of Society of England and Wales.
- We are regulated by the Solicitors Regulation Authority and our registration number is 8003652.
- By engaging our services, you agree to be bound by these Terms of Business and any other applicable laws and regulations.
- We require you to sign and return a copy of these Terms of Business as indicated at the bottom confirming you are agreeing to being bound by these Terms of Business.
- Should you not return a signed copy of the Terms of Business, your continuing instructions will in any event indicate your agreement to be bound by the Terms of Business
- “Services” refers to the legal services provided by the Firm to the Client as outlined in our engagement letter or agreement.
Scope of Services
- The Firm shall provide Services as outlined in our engagement letter or agreement with you.
- We are committed to providing a professional service to you to meet your objectives. We aim to respond to any correspondence received from you within 4 working days and to return any telephone calls within 2 working days.
- Our usual office hours are between 9:00am and 5:00pm Monday to Friday (excluding bank holidays). We may agree to be available outside these hours subject to agreement with you and any possible additional costs.
- Any changes to the scope of services must be agreed upon in writing by both parties.
- We will treat you with courtesy and respect and expect that you will treat our staff with the same courtesy and respect at all times.
Fees and Payment
- The Firm’s fees for the Services provided shall be in accordance with the agreed-upon rates and payment terms outlined in our engagement letter or agreement.
- You agree to pay all fees and disbursements promptly in the manner specified in our engagement letter or agreement and no later than 7 days of receipt of the same.
- We will charge interest at a rate of 10% per year from 7 days from the date of the invoice on any unpaid bills or in the case of invoices that have been partly paid on the part remaining outstanding. Interest is charged on a daily basis.
- In cases where our fees are contingent upon the outcome of the matter, we will provide you with clear details of the fee structure and any potential risk.
- The fees and costs given in our letter of engagement are based on our experience of dealing with similar matters or are based on our best estimate of the likely amount of professional time incurred. In some circumstances we may need to revise our estimate, for example, if your instructions change, matters become complex, we enter into prolonged correspondence, or unforeseen or exceptional circumstances arise. We will discuss and agree in advance any proposed variation to our fees with you. If we cannot agree a revised figure or you then do not wish us to continue working for you, we will invoice you for the work and disbursements to that date.
- Unless we agree a fixed fee for specified work, our fees (plus VAT) are calculated by hourly rates. Time is charged in minimum six-minute units. We may also charge (as a profit cost as opposed to a disbursement) for copying, printing and media production, conference call facilities, money laundering checks and handling bank transfer fees. We will charge for all expenses e.g. court fees and counsel’s fees we incur. You will be charged for all time spent on the file (including telephone calls, emails and travelling).
- As we have applied to be registered for VAT, we add VAT to out charges at the prevailing rate as and when applicable.
- Our currently hourly rates are set out in full in our engagement letter.
- We can accept cash payments for our fees up to a maximum of £1,000.00 per matter per day.
- If any third party undertakes, guarantees or indemnifies us to pay fees and expenses on your behalf and the third party fails to make the payment in full for any reason, without prejudice to any claim we have against the third party, you will be responsible for paying any and all sums outstanding.
- We can accept payment of invoices by cash, cheque, bank transfer, credit card or debit card. We do not currently accept American Express.
Confidentiality and Data Protection
- The Firm shall maintain strict confidentiality regarding all information provided by the Client in connection with the Services, in accordance with our Privacy Policy and the Data Protection Act 2018.
- The Firm may disclose information where required by law or with the Client’s consent.
- A copy of our Privacy Policy is available upon request.
Cancellation
- If the Client wishes to cancel the engagement before work commences, you must do so in writing within 14 days of receiving our engagement letter or agreement.
- To exercise the right to cancel you must inform us of your decision to cancel this contract by a clear statement made in writing or by email.
- If the Client exercises the right to cancel within the cooling-off period, any fees paid will be refunded in full.
- We will make the reimbursement within 14 days after the receipt of the formal notice of cancellation and the payment will be made by cheque or bank transfer.
- If you have requested us to begin the Services during the cancellation period, you shall pay us any amount which in proportion to what work has been undertaken until you have communicated to us your cancellation of this contract.
Complaints
- The Firm has a formal complaints handling procedure in place, which is available upon request.
- If you have a complaint, please contact us using the details provided in our engagement letter or agreement.
- We will endeavour to resolve any complaints promptly and fairly.
- However, if you are not satisfied with our handling of the complaint, you may be able to contact the Legal Ombudsman. This scheme may not be open to all parties. They can be contacted by telephone on 0300 555 0333 or in writing at their address at PO Box 6806, Wolverhampton, WV1 9WJ. Further information can be found on their website legalombudsman.org.uk
Limitation of Liability
- The Firm’s liability for any loss or damage arising out of or in connection with the Services shall be limited to the extent permitted by law.
- The Firm carries full Profession Indemnity Insurance in line with the SRA requirements.
- Our maximum liability to you for loss or damage from breach of contract, breach of trust, negligence or otherwise is £3,000,000.00 (Three Million Pounds sterling) for any one transaction, including interest and costs.
- By instructing the Firm, you agree not to bring any claims personally against any Director, Employee or consultant of the Firm.
- Our advice is for your benefit only. Save as expressly set out, our agreement with you is not intended to confirm rights on any third parties whether pursuant to Contracts (Rights of Third Parties) Act 1999 or otherwise.
- We accept no liability for the acts or omissions of third parties who we may instruct on your behalf or otherwise or to whom we may refer you.
- We shall not be responsible for any failure to provide services on any matter that falls outside the scope of our agreements and shall have no responsibility to notify you of or the consequences of any even or change in the law that occurs after the date on which the relevant service has been provided.
Termination
- Either party may terminate the engagement in writing if the other party breaches these Terms or our engagement letter or agreement.
- Termination will not affect any accrued rights or liabilities of either party.
- We will raise an invoice for any work carried out to that date unless we have agreed otherwise with you.
- We will keep any papers and documents of yours that we hold while money is owed to us.
- We may decide to stop acting for you only with good reason and with giving you a reasonable amount of notice.
Storage of papers and Documents
- Once a matter is completed, it is our policy to retain the file in hardcopy, electronically or a mixture of both. We will normally store any hard copies in an off-site storage facility. Retained files will be kept for a minimum of 6 years from the date of the closure of the file and upon the expiry of the 6 years, we have your authority to destroy the file. We will not destroy any documents which you have requested us to keep in safe storage.
- If you instruct us to retrieve your file from storage, then you may be charged for this. The fee will depend on the urgency of the request and will be no less than £50.00 plus VAT.
- Please note that there is no charge for the retrieval of a file in connection with a subject access request under GDPR/data Protection Act 2018.
Governing Law and Jurisdiction
- These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with English law.
- The parties agree to submit to the exclusive jurisdiction of the English courts.
Amendments
- The Firm may amend these Terms from time to time. Any changes will be communicated to the Client in writing.
- Your continued use of our Services after receiving notice of any amendments constitutes acceptance of the revised Terms.
Equality and Diversity
We are committed to promoting equality and diversity in all of our dealings with clients, third parties and employees. Please contact us if you would like a copy of our equality and diversity policy.
Signed: ___________________ Print Name:
Signed: ___________________ Print Name:
Date:
