Terms and conditions for the Fixed Fee Advice Service
Please read these carefully before completing the instruction form. These terms and conditions do not affect your statutory rights.
1. Tessa Shepperson will be the person doing your advice. Tessa is a non practising solicitor.
2. You have instructed us to on advise on a fixed fee basis. This fee is on the basis that the work will take in the region of an hour to complete, and in any event will not take longer than two hours. If for any reason it is not going to be possible to provide a complete advice within this time (for example if further time is needed for research), we will give the best advice we can, and tell you what else needs to be done. If this is something we are able to do for you, we will provide a quotation for any future costs.
However, in most cases we expect to complete the advice for the fixed fee price.
3. The amount of the fixed fee may change from time to time, but this will only affect clients who instruct us after the information on the Lodger Landlord web-site has been changed to show the new fee.
4. Some clients may be eligible for free advice via the Legal Services Commission and others may have legal expenses insurance, so please check whether this applies to you.
5. The fixed fee for the advice service is payable in advance, and no work will be done until the fee has been paid. If payment is made by cheque, we reserve the right to delay work until the cheque has cleared.
6. You have the right to cancel your instructions under Consumer Protection (Distance Selling) Regulations 2000 (the Distance Selling Regulations) for up to 7 days after you have sent us the instruction form, and if this is done your fee will be refunded to you without any deductions. However if you wish to cancel after that time, or if you tick the box confirming that you waive your rights under the Distance Selling Regulations and wish us to start work before the end of the seven day period, but then change your mind, your fee will only be refunded at our discretion. For example, we will normally refund the fee paid if we have not actually started any work on your advice.
7. We will provide advice and legal services to you with reasonable skill and care and we acknowledge that (subject to the other exclusions and limitations in these Terms) we will be liable to you for losses, damages, costs or expenses (“Losses”) caused by our wilful default.
8. Our responsibility shall only extend to the advice and services we provide on matters upon which you have actually instructed us. We rely upon you for the accuracy of the information and/or documentation you provide. We will not be liable to you for any Losses caused wholly or in part by the provision by you of false, misleading or incomplete information or documentation or due to the acts or omissions of any persons other than this firm or arising from any cause beyond our reasonable control.
9. Your rights in respect of any breach on our part in respect of work done by us for you, shall only be enforceable if notice in writing giving all material details of any claim shall have been given to us within two years of the date the instruction form is emailed to us.
10. Our liability, whether to you or any third party, in contract or tort or under statute or otherwise shall exclude, any indirect or consequential economic loss or damage (including loss of profits) suffered by you or any third party arising from, or in connection with, the advice provided, however the indirect or consequential economic loss or damage is caused, including our negligence but not our wilful default.
11. Nothing in this section of these terms shall impose on us any liability of any kind or for any amount which we would not have but for this section. Nothing in this section of these terms shall have the effect of restricting our liability in respect of any kind of loss, damage or liability which cannot or must not be excluded or limited under English law.
12. Nothing in this agreement shall benefit any third party and the Contracts (Rights of Third Parties) Act 1999 shall not apply.
13. Under the Proceeds of Crime Act 2002 we may be obliged, without reference to you, to make a disclosure to the National Criminal Intelligence Service (see www.ncis.co.uk) unless it is information received so that advice may be given about it or unless it comprises the advice itself (privileged information). We therefore reserve the right to give such NCIS notices as we deem appropriate without notice to or discussion with you.
14. If we agree to do any work for you in addition to the fixed fee advice work, note that after the work has been completed, we are entitled to keep all your papers and documents until any money owed by you to us is paid. You can terminate your instructions to us at any time in writing, but we may retain the papers until you have paid any charges and expenses owing.
15. We reserve the right to stop acting for you in certain circumstances such as where you cannot give proper instructions or you lose confidence in us or do not pay an interim bill. We will give you reasonable notice of this and you must then pay any sums owing. Normally after 6 years your file and papers sent to us will be destroyed without notice to you.
16. If there is anything here with which you are not happy please let us know, otherwise we shall proceed on the terms set out above.
17. The agreement between us is subject to English law and you agree to submit to the exclusive jurisdiction of the English courts in connection with any dispute hereunder whether in contract or in tort and we reserve the right to bring legal proceeding in the English courts or the courts elsewhere at our discretion.