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Terms and Conditions

1. FORMATION OF CONTRACT

1.1 Terms of Business. This document sets out our terms of business (“the Terms”) which apply in all cases in addition to any other terms of engagement of which we may notify you in writing in our letter of engagement or the email to which the Terms are attached.

1.2 Conflict.
In the event of a conflict between the Terms and our letter of engagement or the email to which the Terms are attached, the terms in our letter of engagement or the email to which the Terms are attached shall prevail.

1.3
The Contract. Our letter of engagement or the email to which the Terms are attached together with the Terms constitute the contract between us (“the Contract”) which will also apply retrospectively if we have begun to provide you with services before the Contract is formed.


2. WHO WE ARE 

Hewitsons LLP is a Limited Liability Partnership in accordance with the Limited Liability Partnerships Act 2000, registered to provide legal services in England and Wales under registered number OC334689, and is authorised and regulated by the Solicitors Regulation Authority, SRA ID number 487681. We are subject to the SRA Standards and Regulations which can be found at https://www.sra.org.uk/solicitors/standards-regulations/.


3. CLIENT CARE 

3.1 Authority. We shall be entitled to assume that the person providing us with instructions has actual authority to do so and that the information they provide us with can be relied upon.

3.2 Instructions. If instructions are provided to us by a company, LLP or other organisation we shall be entitled to assume that the Terms, together with our letter of engagement or the email to which the Terms are attached, have been considered and approved by the directors of the company, members of the LLP or the appropriate officers of such other organisation.

3.
3 Joint Clients. Where we are instructed by one or more clients (individuals or legal entities), the liability of each is joint and several. Each client irrevocably permits us to disclose to any other or all of the joint clients any information relevant to our instructions or requested legal services. If any joint client ends this permission during our provision of legal services, or a conflict arises between them, we may suspend or terminate the provision of our legal services.

3.4 Authority for Undertaking. If you provide authority to us to give an undertaking to another person for the payment of any sum or the performance of any action, you are deemed to have provided us with authority to perform that undertaking subject to our reasonable satisfaction that the terms of the undertaking have been met.

3.5 Information. It is important that you supply to us, as soon as you can, all relevant information to enable us to act and to continue to act effectively on your instructions. It is also important that all information provided is, to the best of your knowledge, complete, accurate and up to date.

3.6 Allocation of Work. We will
allocate the conduct of your work to ensure that your matter is undertaken by individuals with the appropriate expertise and experience. We will tell you the name of the individual or individuals we propose to deal with your matter. However, you can at any time telephone or write to the Partner who has overall responsibility for your matter and whose responsibility it is to ensure that we provide a good service to you.

3.7 Quality of Service. We aim to offer an efficient and effective service to all our clients, and we will deal with your work in a competent and professional manner and with due care and diligence.

3.8 Non-disclosure. The work that you instruct us to carry out, and the advice that we give to you, is provided to you and may not, without our prior written consent, be disclosed to any other person or be referred to in any public document or communication.


4. COMMUNICATIONS

4.1 Email Communications. We will correspond with you by email where appropriate but are bound to point out that e-mail communications are not a completely secure means of transmitting important or confidential information. Should we receive an e-mail from you, we will assume (unless you tell us otherwise) that you are prepared for us to respond by e-mail, despite the likely confidential nature of our communication.

4.2 Security of Emails. Please be aware that criminals are known to target communications by email between solicitors and their clients. Therefore, before you use email to communicate with us we strongly advise you to install and maintain appropriate anti-virus and anti-malware software. We will not be responsible for checking whether you have done so. Please be particularly wary of any email or its attachment which gives you information about where to send money, for example, bank account details. If in any doubt you should seek appropriate corroboration from us by phone or personal contact.

4.3 Encryption. We shall not be required to encrypt or password-protect any email or attachment sent by us, unless you ask us in writing to do so.

4.4 Exclusion of Liability. We shall not be liable for any loss or damage arising from:

(a) the unauthorised interception, re-direction, copying or reading of emails including
any attachments; or 

(b) our acting on instructions which appear to come from you but in fact do not (for
example via “spoofed” email including where your account has been hacked), unless
we are negligent to do so.
    4.5 Hardware and Software. We shall not be responsible for the effect on any hardware or software (or any loss or damage arising from any such effect) of any emails or attachment which may be transmitted by us (except where this is caused by our negligence or wilful default).


    5. CONFLICT

    5.1 Conflict Checks. We carry out conflict checks in every matter as soon as it is practicable to do so. We have a number of procedures in place to ensure that any conflict issues which arise can be discussed with you and dealt with as quickly and efficiently as possible.

    5.2 Risk of Conflict. We have a professional obligation not to act for you, or any other client, in a situation where there is an actual or significant risk of a conflict with either the interests of another client or our own interests.

    5.3  Awareness of Conflict. If you become aware of an actual or potential conflict of interest at any time while we are acting for you please discuss it with us immediately so that we may endeavour to resolve the issue in the most advantageous way to all clients concerned. If we do have to cease acting for you, you will still be liable for our fees and reasonable expenses incurred on your behalf up to that time.


    6. INFORMATION ON FEES

    6.1 Assessment of Fees. We record the time spent working on each client matter. Depending on the type of work, we will assess our fees by reference to the cost of time expended and other relevant factors, such as the urgency and complexity of the matter, the specialist knowledge and responsibility involved, and the value and detail of the transaction.

    6.2 Charge Rates. For many types of work an hourly charge rate or rates will be used and we will provide you with appropriate details of these rates. We review such rates from time to time, and they may vary during the course of the work we are carrying out for you. If a review is carried out before our work has been concluded, we will inform you of any variation in the rate or rates before the rate or rates take effect.

    6.3 Recording our Time. We record time in six minute units and our time spent working on your matter will include, but is not limited to, meeting with you and others including any time spent travelling to and from the meeting; considering, preparing and working on documents including any necessary legal research; corresponding with you and others including by way of emails and telephone calls; attending to regulatory requirements; preparing attendance notes; attending any court or tribunal; attending to file opening/closing and compliance procedures; and preparing and providing copies of any relevant documents for you after your matter has completed.

    6.4 Estimate of Fees. We will normally provide you with an estimate of fees for our work. However, such estimates are only approximate and should not be regarded as fixed quotations. Where unexpected issues or difficulties arise during the course of a matter which will involve us spending more time on your matter than originally anticipated, we will give you, where possible, a revised estimate of our fees.

    6.5 Fixed Fees. For certain work, fixed fees or fees up to a maximum amount may be agreed with you. If we agree to carry out work for a fixed or capped fee, we will agree with you what work is covered by that fee arrangement and any other relevant assumptions relating to that fee. Any additional work that is required but was not identified when the scope of work was agreed will be charged separately based on our standard hourly rates (unless we agree otherwise with you).

    6.6 Other Fee Arrangements. We may agree alternative pricing models with you, depending on the nature and extent of the work which you have asked us to carry out on your behalf. These may include a blend of our standard hourly rates, retainer arrangements and contingent fees. In some circumstances we may agree with you that our fees should be subject to a specified percentage uplift to reflect the successful conclusion of a case or transaction.

    6.7 Invoicing. We normally submit interim invoices for our fees at monthly or other regular intervals depending upon the type of work, the circumstances of the matter and the time spent working on your behalf. We may ask you to make a payment on account of anticipated fees that will be incurred in your matter. We may also ask you to pay in advance for certain expenses that will necessarily be incurred on your behalf.

    6.8 Disbursements. Any payments made to third parties in the course of carrying out your instructions will be added to our invoices. There may be a delay in invoicing disbursements incurred on your behalf if we have yet to receive the relevant invoices from suppliers and, as a result, our invoices should not be considered final in respect of disbursements and expenses.

    6.9 Other Charges. We reserve the right to charge in addition to our fees for:

    (a) the costs which we incur for travel, subsistence and accommodation where this is required in connection with your matter;

    (b) the cost of bulk or colour photocopying which is required by your matter or which you have asked us to carry out;

    (c) the cost of sending letters, documentation, deeds or other items on your behalf, to the extent that the cost incurred is other than the cost of standard postage;

    (d) the cost associated with providing documentation and information to you on a memory stick or similar device;

    (e) the cost of providing you and/or any authorised third party with access to any third party virtual data room, if so requested by you; and

    (f) the cost of conference calls which are arranged through third party providers (except to the extent that we are not charged for such calls).

    6.10 CHAPS Transfers. Where we make a payment on your behalf from our client account using CHAPS (Clearing House Automated Payment System) we will charge you an administration fee to cover both our time and the cost to us in carrying out the transfer. This fee is currently £25 plus VAT but may vary from time to time.

    6.11 VAT. We will, in addition to our fees, charge VAT at the prevailing rate in force from time to time, in any case where we are obliged by law to charge VAT. Our VAT registration number is GB 213 3028 19.

    6.12 Consumer Rights. If the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply, you have the right to withdraw your instructions to us on any new matter within fourteen days without charge unless you have confirmed your instructions to us in a meeting or you have agreed in the meantime that we should begin work on the matter.


    7. LIMITATION OF LIABILITY 

    7.1 Third Party Rights. Except to the extent that we expressly agree with you otherwise in writing, the Contract shall not confer a benefit on any third party and no third party shall be entitled to enforce any of its terms or otherwise to rely upon it.

    7.2 Confidentiality. All advice, documents and information we give to you must only be used by you in connection with the matter on which we are providing you with our services and must not be disclosed to any third parties without our prior written consent.

    7.3 English Law. We only provide advice relating to the laws of England and Wales, and we do not accept any responsibility for the accuracy or suitability of any advice given, or work done, by foreign lawyers.

    7.4 Scope of Services. We shall not be liable for failing to provide services which relate to any matter which falls outside of the scope of the Contract. We do not have any responsibility to notify you or advise you in relation to any event or change in the law which occurs after we have finished providing you with the relevant service or advice.

    7.5 Circumstances beyond our Control. We shall not be liable for any loss or damage which arises as a direct or indirect result of the provision of our services to you being adversely affected by reason of circumstances beyond our reasonable control. We will notify you immediately if any such circumstances arise and keep you informed if any revisions to our services are necessary as a result of these circumstances.

    7.6 Consequences of Force Majeure. If as a result of circumstances beyond our reasonable control we are unable to meet any deadline or complete our work by any estimated date of completion or at all:

    (a) any such failure on our part will not constitute a breach of the Contract;

    (b) we will not be otherwise liable to you for any such failure to the extent that it is attributable to any such circumstances notified to you; and

    (c) any estimated date for completion of the work will be extended accordingly.
      7.7 Indirect and Consequential Loss. We shall not be liable for any indirect or consequential loss or damage, for any loss of profit, loss of revenue, loss of contracts, loss of anticipated savings, loss of data, or for any loss of or damage to goodwill or reputation, which arises in any circumstances whatsoever, whether in contract, tort (including negligence), for breach of statutory duty or otherwise and howsoever caused.

      7.8 Limitation of our Liability. We do not limit or exclude our liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation or for reckless disregard of our professional obligations. Subject to this, we reserve the right, by agreement with you, to limit our liability to you and our liability to all other persons who seek to rely on any services provided by us to you or who suffer any loss arising from any act or omission on our part in relation to such services, whether such liability arises as a result of breach of contract, negligence or otherwise. In agreeing a limit on our liability we will take into account the nature of the services that we anticipate providing to you, the resources available to us to meet any claim and the availability to us of insurance in respect of any such claim. In any case, our liability to you will be limited to a just and equitable proportion of your total damage having regard to the extent of your own responsibility and that of any other person who may also be liable to you in respect of it, regardless of your ability or decision to enforce remedies against another person.

      7.9 No Increases in Liability. Our liability to you shall not be increased by any agreement you have with any other person in respect of limitation, exclusion or restriction of liability or any joint insurance provision between you and another person. Our liability to you shall also not be increased by your inability to recover from a third party, or your decision not to recover from any other person.

      7.10 Financial Limit of Liability. Our liability for any claim in contract, tort (including negligence), for breach of statutory duty or otherwise for loss or damage, costs, expenses or interest howsoever caused arising out of or in connection with the provision of the services shall be limited to the sum specified in our letter of engagement, or the email to which the Terms are attached, in respect of each individual matter or if no sum is so specified the sum of £3 million.

      7.11 Claims Against Hewitsons Personnel. The Contract will always be with Hewitsons LLP alone and it shall be a condition of the Contract that only Hewitsons LLP may be liable in respect of any breach of contract, negligence or other default relating to the Contract. You acknowledge and agree that you shall not in any circumstances make a claim against any member, employee, agent or other representative of Hewitsons LLP in connection with the Contract, or the services we provide or agree to provide to you.

      7.12 Transfer of Rights and Obligations. We may, at any time, transfer our business and assets to another entity incorporated by us to carry on our practice, or in connection with a merger of our practice with another one. If we do this then, with effect from the time that we notify you that we have done so, all of our rights and obligations arising out of or relating to our services (whether past, ongoing or future) shall transfer to that entity which shall be solely responsible for the performance of the services thereafter. Accordingly, you shall at that time be deemed to release us irrevocably from all our obligations and liabilities to you, and to accept instead the obligations and liability of that entity towards you.

      7.13 No Taxation Advice. We will not, unless expressly agreed with you in writing, provide tax or taxation advice, whether in relation to a transaction that is proposed or otherwise. Where there may be tax or taxation implications and we have not expressly agreed in writing to advise on them, you should consult your internal or external tax advisers. We can refer you to specialist independent tax advisers if you so request.


      8. INVOICING AND PAYMENT ARRANGEMENTS 

      8.1 Payment of Invoices. All invoices which we send to you become due for payment when we issue them and we reserve the right to suspend or terminate our services to you until we receive payment. If an invoice, or part of an invoice, remains unpaid for more than 30 days after the date of the invoice we reserve the right to charge interest at the rate of 8% per annum above the Bank of England base rate from time to time, compounded on a monthly basis, from the due date for payment until we receive full payment in cleared funds. You will also be responsible for any costs and expenses which we incur in recovering amounts due from you, and for our standard administration charge for recovery.

      8.2 Retentions. We have a legal right, a lien, and a contractual right to retain any money, documents or property belonging to you which is in our possession until we receive payment for all outstanding sums due to us, whether or not those funds, documents or property are held in connection with the matter to which our unpaid fees and expenses relate.

      8.3 Payment from Monies on Client Account. Any money held by us on your client account will be taken in payment or part payment of our invoices within 14 days of the relevant invoice date unless those funds are held by us for another purpose.

      8.4 Responsibility for Payment. If you have agreed with a third party that they will be responsible for payment of some or all of our invoices on your behalf and payment is not made by them in accordance with the Terms, you will be responsible for the payment of any outstanding amount and interest.

      8.5 VAT on Invoices. Where you are entitled to recover our fees from a third party and you are registered for VAT, our invoice will be addressed to you to enable you to recover VAT and you must pay that VAT on delivery of our invoice.

      8.6 Withholdings and Deductions. Our invoices must be paid without any deduction or withholding on account of taxes or other charges. If you are required by law to make a deduction or withholding you must notify us in writing of the amount to be deducted or withheld and the legal justification for such deduction. If required by us you must pay such additional amount as may be necessary to ensure that we receive payment of the full amount of our invoice. If we subsequently receive any value for the amount withheld or deducted (for example, by way of a credit for tax treated as withheld or deducted) we will account for such value to you provided our overall net of tax position is not thereby affected.

      8.7 Currency. All invoices which we send to you must be paid in sterling, unless otherwise agreed by us in writing. If invoices are not paid in sterling and we incur currency conversion charges or other bank charges, or we suffer exchange-rate losses, we reserve the right to charge additional sums to cover such items.


      9. CLIENT FUNDS

      9.1 Monies in Client Account. Money which we hold on your behalf will usually be deposited in our general client account. In certain circumstances these funds will be held in a designated client account. The treatment of client money and accounts is regulated by the Solicitors Regulation Authority and detailed in the SRA Accounts Rules within the SRA Standards and Regulations 2019. Details of the SRA Accounts Rules can be found at https://www.sra.org.uk/solicitors/standards-regulations/accounts-rules/.

      9.2 Interest on Client Monies. Under the SRA Accounts Rules we are obliged to account to all our clients for a fair sum of interest on any client money held by us on their behalf. However, we may agree with you in writing a different arrangement as to the payment of interest. A copy of our policy on the payment of interest on monies held in client accounts is available on request.

      9.3 Deposit of Monies. We will deposit all money that we receive in connection with our providing services to you with a bank or banks who we consider to be reputable. However, we cannot guarantee the security of the money held in our client accounts against the risk of losses arising from the failure or default of any bank. If any bank should fail to remit the money to you, to us, or to a third party on your behalf, we will have no liability to make good any shortfall or otherwise to compensate you for any loss you suffer as a result, unless we acted in breach of the Contract or any other duty to you concerning our choice of bank. In that case, our aggregate liability to you and to all other persons who suffer loss as a result of the bank’s failure shall be limited to a maximum of £3 million, or to such higher amount as may from time to time be required by our professional rules or by law.

      9.4 FSCS Compensation. In the event that the failure or default of a bank occurs you may be entitled to compensation under the Financial Services Compensation Scheme (FSCS). The FSCS is the UK's statutory fund of last resort for customers of banking institutions. The FSCS can pay compensation up to £85,000 if a banking institution is unable, or likely to be unable, to pay claims against it and the FSCS will apply to qualifying balances held in our client account. The limit is £85,000 per banking institution. If you hold other personal money in the same banking institution as our client accounts, the limit remains £85,000 in total. Some banking institutions have several brands. The compensation limit is £85,000 per institution, not per brand. You should check with your banking institution, the Financial Conduct Authority or a financial adviser for more information. The FSCS also provides up to £1m of short-term protection for certain high balances, including balances relating to property transactions and inheritance. This is called the Temporary High Balance Scheme and, if it applies, protection lasts for a maximum of six months. In the unlikely event of a deposit-taking institution failure, we will assume (unless we hear from you in writing to the contrary) that we have your consent to disclose necessary client details to the FSCS.


      10. TERMINATION OF INSTRUCTIONS

      10.1 Terminating our Instructions. You may terminate your instructions to us at any time by providing us with written notice.

      10.2 Ceasing to Act. We may decide to stop acting for you but we will not do this without first providing you with reasonable notice in writing of our decision. We will not cease acting for you without a good reason for doing so which could include, but is not limited to, your failure to pay us any sum due or comply with our request for a payment on account, your insolvency, the discovery of a conflict of interest, your failure to provide us with evidence of identity or information relating to the source or destination of funding, your asking us to break the law or a professional conduct rule, our being prevented from acting by the National Crime Agency (“NCA”), a breakdown of the relationship of trust between us and you or any material breach of the Terms.

      10.3 Fees for Matters which do not Proceed. If, for any reason, a matter cannot be completed (or if you withdraw your instructions or we cannot continue to act), we will make a reasonable charge for our work (based on our standard hourly rates), together with any expenses incurred on your behalf and VAT (as applicable). For a matter which does not proceed, you will normally be responsible for our fees and expenses (plus VAT, as applicable), even in a case where a third party would have been responsible for payment had the matter been completed.

      10.4 Continuation of Rights. All our rights set out in the Terms shall continue to apply even if the Contract is terminated by us.


      11. COMPLAINTS

      If you have any concerns about the way in which your work is being or has been handled, or in relation to an invoice which we have sent to you, please get in touch with the Partner responsible for your matter who will investigate and respond to you. Should you still have cause for dissatisfaction, please follow the process as set out in our Complaints Procedure which can be found here or send an email to Simon Biggin, Partner, Risk & Compliance at simonbiggin@hewitsons.com.


      12. DISPUTE RESOLUTION 

      Any disputes not resolved under paragraph 11 shall be determined by the courts of England and Wales. You and we irrevocably agree to submit to the jurisdiction of the courts of England and Wales over any claim or issue arising under or in connection with the Terms, and you and we waive any objection to proceedings being brought in these courts on the grounds of venue or on the grounds that such proceedings have been brought in an inappropriate forum.


      13. PROFESSIONAL INDEMNITY DETAILS 

      We maintain professional indemnity insurance in accordance with our professional obligations. Full details of our insurers and the territorial coverage of our professional indemnity policy are available on our website at https://www.hewitsons.com/legal-statements/professional-indemnity-insurance.


      14. ANTI MONEY LAUNDERING

      14.1 Client ID.
      To enable us to meet our statutory obligations, new clients (and existing clients for whom we do not hold sufficient or up-to-date evidence of identity) will be asked to provide evidence of identity or documents relating to the formation of a company. Until we receive this information, the transaction or other work in question may be delayed. We may also have to cease acting for you if we do not receive this information.

      14.2 Verification of ID. When verifying your identity, and that of any beneficiary or third party, we will use electronic reference agencies to search various sources of information. These searches will be undertaken at the outset of your matter and, in certain circumstances, particularly where the nature of the instruction changes, may be repeated. The searches will leave a note on your credit record to confirm that a check has taken place but will not affect your credit rating. Further details can be provided by sending an email to Rebecca Austin, Partner, Risk & Compliance at rebeccaaustin@hewitsons.com.
      14.3 Source of Funds. We are required to obtain information and evidence as to the source of your funds. If these are not readily supplied, or lack the necessary detail, this may cause a delay in your matter proceeding or, in certain circumstances, may lead to our refusing to act, or continue to act, on your behalf. We will not be responsible for any loss, damage, cost or expense which you suffer as a result of any such delay or refusal.

      14.4 Disclosures to the NCA. We are professionally and legally obliged to keep your affairs confidential. However, solicitors may be required by statute to make a disclosure to the NCA where they know or suspect that a transaction may involve money laundering or terrorist financing. If we make a disclosure in relation to your matter, we may not be able to tell you that a disclosure has been made. We may have to stop working on your matter for a period of time without providing you with reasons for this.

      14.5 Exclusion of Liability. We will not be liable for any loss, damage, cost or expense which you suffer as a result of any delay or otherwise caused by us complying with our statutory obligations to NCA. This will be the case even if it later turns out that we were not required to make the report by law.

      14.6 Cash.
      We do not accept cash deposits, or payment of our invoices in cash or any form of digital currency. 


      15. EQUALITY AND DIVERSITY 

      We are committed to promoting equality and diversity in all our dealings with clients, third parties and employees. Please contact us if you would like a copy of our Equal Opportunities and Diversity policy. We will not discriminate in the way we provide our services on the grounds of sex (including gender reassignment), marital status, sexual orientation, disability, race, colour, religion, age, nationality or ethnic or national origins.


      16. CONFIDENTIALITY

      16.1 Our Confidentiality Obligation. We hold any information of a confidential nature about you and your affairs in the strictest confidence, and we will not disclose this information to any third party without your consent, unless we are required to do so by law and subject always to ensuring that appropriate safeguards are in place to protect the confidentiality of the information provided.

      16.2 Lexcel Accreditation. We are Lexcel accredited. Lexcel is the Law Society's legal practice quality mark for practice management and client care. It helps law firms to achieve excellence in compliance and practice management. Lexcel assessors may inspect files as part of their assessment, provided they undertake to keep the contents strictly confidential. By accepting the Terms and the terms of the Contract you confirm your consent to a Lexcel inspection of the files held on your behalf, should these files be selected by a Lexcel assessor.

      16.3 Availability of Files. We may also be required to make your files available for inspection by our auditors, any other external assessors or advisers, and our insurers. All external organisations and third parties are required to maintain confidentiality in relation to your files and the information they contain.

      16.4 Confidentiality owed to Third Parties. We will endeavour to disclose to you all material information which relates to you and your affairs. However, we will not disclose to you any such information in respect of which we owe a duty of confidentiality to a third party or an existing or former client.

      16.5 Legal Disclosures. As a matter of law we may be required by a third party to provide access to documents we hold or consent to be interviewed in connection with the services we have provided. You will be responsible for any fees, disbursements and expenses incurred by us in dealing with such a request. This may include the costs of instructing counsel or other third parties to advise on issues connected with the request.


      17. DATA PROTECTION 

      17.1 Our Privacy Policy. Our privacy policy can be found on our website at https://www.hewitsons.com/legal-statements/privacy-policy. A copy of this policy is also available on request. The policy explains what categories of personal data we may hold, how we may use your personal data, to whom we may disclose your personal data, how we will protect your personal data, and for how long we may retain your personal data. The policy also sets out your rights as a data subject, including your right to complain to the Information Commissioner’s Office if we have failed to comply with our obligations in respect of your personal data. The policy may be amended from time to time and we will notify you of any substantial changes.

      17.2 Marketing Preferences. We may from time to time contact you by email, post or telephone to provide you with information that may be interest to you including newsletters, publications, invitations and details of our services. Please let us know if you would prefer not to receive such information by contacting marketing@hewitsons.com.

      17.3 Data Protection Queries. Questions, comments and requests regarding our privacy policy are welcomed and should be sent by email to dataprotection@hewitsons.com, or sent by post to our data protection compliance officer, Rebecca Austin, at Hewitsons LLP, Shakespeare House, 42 Newmarket Road, Cambridge, CB5 8EP.


      18. CLOUD COMPUTING

      You may wish to store data or documents relating to you or your matter on a remote storage system on the Internet (“Cloud computing”). We have no control over data or documents stored in this manner, and therefore do not accept liability for any loss suffered by you or any other third party resulting from the use of the Cloud computing system including but not limited to viewing documents on the system and transferring documents between the Cloud computing system and our computer systems and the security of such documents. We will not provide any third party with the details required to access a Cloud computing system used by you except in accordance with clause 16 of these Terms.


      19. PAPERS AND DOCUMENTS 

      19.1 Storage of Deeds. We will store deeds and papers for our clients but reserve the right to charge for that storage and subsequent retrieval. In storing those deeds we are under no obligation to keep these under review.

      19.2 Retention Period. Working papers are normally kept by us for a period of between seven and sixteen years depending upon the type of matter. At the end of the relevant period, we will destroy such files without further notice or liability to you.

      19.3 Return of Documents. If you have lent documents to us they will normally be returned to you once we no longer need them, unless we are entitled to retain them in relation to outstanding fees or charges. Where we are acting for joint clients and one joint client asks us to transfer documents lent to us for the purposes of the matter, we will deliver them to, or to the order of, the joint client who delivered them to us.


      20. OUTSOURCING 


      20.1 Outsourcing to Third Parties. We may outsource certain business support services including, but not limited to, archiving and deed storage, photocopying and the shredding of confidential documentation to third party organisations. We will take all reasonable steps to ensure your information is kept confidential and only processed in accordance with our instructions. By accepting the Terms you consent to such outsourcing arrangements.

      20.2 Other Advisers. We will, on your behalf, instruct, liaise with or coordinate advice from other professional advisers and/or service providers, including foreign lawyers. We will not be responsible for the accuracy or appropriateness of the advice given or work undertaken by those other advisers or for payment of their fees and other charges.


      2.1 IP RIGHTS

      21.1 Retention of IP Rights. We retain the copyright and all other intellectual property rights in all documents and other work we provide to you as part of our services whether in writing or otherwise. We grant you a non-exclusive and non-transferable licence to use any such material solely for the purpose for which our services were provided to you and not otherwise. If you do not pay us in full for our services in accordance with the Terms we reserve the right to give you notice terminating this licence with immediate effect.

      21.2 Advice by Third Parties. We reserve the right to retain a copy of any written advice given by a barrister or third party in the process of our providing services to you. We will use all reasonable endeavours to ensure that any information which allows you to be identified in these documents is concealed.


      22. NON-WAIVER

      A failure or delay by us to exercise any right or remedy provided under this Contract, or by law, shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.


      23. SEVERABILITY

      If any of the terms of the Contract are held to be void or unenforceable, in whole or in part, by any Court or other competent authority then that term shall be severed from the Contract to the extent that it has been held to be ineffective. All other terms of the Contract shall continue to be valid and enforceable.


      24. AGREEMENT

      24.1 Acceptance of Terms. In accordance with the provisions of clause 1, your continuing instructions to us will amount to an acceptance by you of the Terms.

      24.2 Governing Law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales.


      25. FINANCIAL SERVICES AND CONSUMER CREDIT-RELATED ACTIVITIES 

      25.1 Financial and Credit-Related Activities. We are not authorised by the Financial Conduct Authority. If, while we are acting for you, you need advice on investments we may refer you to someone who is authorised to provide this advice. However, we are a member of the Law Society of England and Wales and therefore we can provide some limited financial and credit related activities if this is closely linked to the legal services we are providing to you. For example (and to this limited extent) we may advise you on investments, introduce you to creditors or credit brokers, advise you on your debts, negotiate on your behalf with your creditors, and act on your behalf to recover debts owed to you.

      25.2 Financial Conduct Authority Register. Although we are not authorised by the Financial Conduct Authority, we are included on the register maintained by the Financial Conduct Authority so that we can carry on insurance distribution activity, which is broadly the advising on, selling and administration of insurance contracts. This part of our business, including arrangements for complaints or redress if something goes wrong, is regulated by the Solicitors Regulation Authority. The register can be accessed via the Financial Conduct Authority website at www.fca.org.uk/firms/financial-services-register

      25.3 Solicitors Regulation Authority. The Law Society of England and Wales is a designated professional body for the purposes of the Financial Services and Markets Act 2000. The Solicitors Regulation Authority is the independent regulatory arm of the Law Society. This firm is authorised and regulated by the Solicitors Regulation Authority. The Legal Ombudsman is the independent complaints handling body of the Law Society. If you are unhappy with any investment, insurance or credit related advice or service that you receive from us, you should raise your concerns with either the Solicitors Regulation Authority or the Legal Ombudsman.

      25.4 Nature of our Role. Our role is as legal adviser and therefore it is not generally part of our function to give advice on the merits of investment transactions or to act as a broker or arranger. Accordingly, we have assumed that your decision to discuss or negotiate any particular transaction, and any decision to enter into any transaction, will be made by you based on your own assessment of the business, financial and policy aspects of the matter.


      26. GLOSSARY
      In these terms and conditions the following words have the meanings contained in this paragraph:

      (a) “we”, “us”, “our” and “Hewitsons LLP” mean Hewitsons LLP, a limited liability partnership registered in England and Wales under registered number OC334689 which is authorised and regulated by the Solicitors Regulation Authority, SRA ID 487681. Our registered office address is Shakespeare House, 42 Newmarket Road, Cambridge, CB5 8EP;
      (b) “partner” or “partners”, used in relation to Hewitsons LLP, means any member or members of Hewitsons LLP, or an employee or consultant of Hewitsons LLP of equivalent standing. A list of our partners may be inspected on our website at https://www.hewitsons.com/legal-statements;
      (c) “you” and “your” refer to our client;
      (d) “matter” means a specific issue, dispute or transaction in connection with which you ask us to provide services to you; and
      (e) “services” means all services which we provide to you in connection with a matter.

      January 2020
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