Terms of Business
Introduction
This information together with any other documentation provided to you at the commencement of a matter sets out the terms on which we accept instructions and charge for our services.
Right to Withdraw Instructions
You have the right to withdraw your instruction at any time before advance payment is made however any withdrawal at later point will waive the right of refund.
Third Parties
If we need to engage other professionals on your behalf (such as counsel, overseas lawyers, accountants) whether in the UK or abroad we will do so as your agent. We cannot be responsible for any act or omission of such a professional unless we have otherwise agreed in writing.
Fees and Disbursements
At the outset of a matter we will agree the basis on which we will charge you and arrangements concerning our fees will be set out in our engagement letter which you will receive on our acceptance of your instruction. It is our policy that we will require advanced payment according to the provisions set out in the engagement letter. However, we reserve the right to require full payment in advance which will be considered and decided on a case to case basis.
Billing and Payment
We reserve the right to charge interest for late payment at the higher of 2 per cent over HSBC plc base rate from time to time, the rate payable from time to time on judgment debts or the rate payable pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.
Where payments have been made by you, on dates or in amounts different from those agreed by us, and we have suffered exchange rate losses in excess of 5 per cent of the sums due, we reserve the right to charge additional amounts to cover our costs.
We may, at our discretion, accept payment by credit card. If we do then it is on the basis that you will be charged a handling fee equal to 2% of the value of the invoice (including VAT).
Documents Held by the Firm
On completion of a matter and payment of our fees, we will return to you, at your request, any documents provided to us for the purposes of that matter and any other papers to which you are entitled.
If we are required for any reason (whether during the course of a matter or after it has terminated) compulsorily to disclose documents or to give information orally or in writing relating to a matter or your affairs pursuant to a court order, notice or demand served by an entity or person with the authority to compel such disclosure, then we shall comply. We will be entitled to be paid for the costs of such compliance by you at our then existing hourly rates.
Our Liability
You agree by engaging us that you will not bring any claim arising out of or in connection with our engagement personally against any individual partner or employee of G. S. L. Law & Consulting (UK) Ltd.
You also agree that in the particular circumstances of the services to be provided to you, including in particular those described in any engagement letter sent to you at the commencement of a matter, our aggregate liability to you for losses for which we are liable at law shall not exceed the amount (if any) specified in the engagement letter. Any consequential or indirect loss (whether or not it might have been foreseeable at the commencement of the matter) is also excluded.
Termination of Instructions
Once instructed, we will normally continue to act for you in the matter until its completion. If circumstances arise where it is appropriate for either of us to terminate the arrangement you will be responsible for our fees and disbursements up to the date of termination, and any fees and disbursements necessarily associated with our ceasing to act or the transfer of the work to another adviser of your choice.
Confidentiality
Information passed to us is kept confidential and will not be disclosed to third parties except as authorized by you or required by law. If on your authority we are working in conjunction with other professional advisers we will assume that we may disclose any relevant aspect of your affairs to them.
Where you provide us with fax or computer network addresses to which material is to be sent, we shall assume, unless you tell us otherwise, that your arrangements are sufficiently secure and confidential to protect your interests.
It should be recognized that the Internet is not secure and that there are risks if sensitive information is sent in this manner by you or you request us to use the same system. Data sent by us by email is not routinely encrypted and so if you do not want us to use email as a form of communication with you or if you require data to be encrypted then please advise us.
We will use our best endeavors to protect the integrity of computer systems by screening for viruses on email sent or received and would expect you to do the same.
Privacy and Data Protection
G. S. L. Law& Consulting (UK) Ltd. is committed to respecting the data which we hold on you. Your details will be kept on our database for administration and accounting purposes, to enable us to undertake credit searches and so that we can send you relevant information on our services and on events which may be of interest to you. Your details will be processed and kept securely in accordance with the Data Protection Act 1998. The data will not be disclosed to third parties except for the purposes mentioned above. If you have any questions or concerns regarding our use of your data then please address these to the Managing Partner.
Money Laundering
The Proceeds of Crime Act 2002 and the Regulations made pursuant to such Act, which are aimed at preventing money laundering, require that we obtain proof of identity from clients for whom we act in connection with relevant financial business. Accordingly you may be asked to supply us with the necessary details. In certain circumstances, we are required by law to report to the National Criminal Intelligence Service any evidence or suspicion of money laundering. We are also prohibited from notifying our client of the fact that a report has been made.
Contracts (Rights of Third Parties) Act 1999
Persons who are not party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This clause does not effect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
Applicable Law
Our relationship with you will be governed by English law and will be subject to the exclusive jurisdiction of the English courts. The Courts of England will have exclusive jurisdiction in relation to any claim, dispute or difference concerning this engagement and any matter arising from it. Each party irrevocably waives any right it may have to object to any action being brought in those courts, to claim that the action has been brought in an inappropriate forum, or to claim that those courts do not have jurisdiction.