Terms of Service

STANDARD CONDITIONS OF CONTRACT FOR THE SUPPLY OF LEGAL SERVICES BY FIRKINS LEGAL CONSULTANCY TO CLIENTS

DEFINITIONS AND INTERPRETATION

1.1 In these Conditions of Contract for the Supply of Services by Firkins Legal Consultancy to Clients (as defined below) (“the Conditions”):

1.1.1 reference to a Clause is to the relevant clause of these Conditions;

1.1.2 headings are included for convenience only and do not affect the interpretation of these Conditions;

1.1.3 references to "we," "our," or "us" are references to Firkins Legal Consultancy;

1.1.4 references to “parties” or a “party” are references to the parties or a party to the Agreement;

1.1.5 references to the singular include the plural and vice versa in each case;

1.1.6 references to an Act of Parliament, statutory provision or statutory instrument include a reference to that Act of Parliament, statutory provision or statutory instrument as amended, extended or re-enacted from time to time and to any regulations made under it;

1.2 In these Conditions, the following words have the following meanings, except where the context requires otherwise:

“the Agreement”

the agreement between Firkins Legal Consultancy and the Client for Firkins Legal Consultancy to provide the Services on the terms set out in these Conditions;

“the Client”

the lay person; and
the person who is an ‘Authorised Person’ for the purposes of s.18(1)(a) of the Legal Services Act 2007 and whose approved regulator under that Act is the Law Society and/or the SRA, and all successors and assignees; and
the lay person for whose benefit or on behalf of whom Firkins Legal Consultancy is Instructed by the Authorised Person to provide the Services (who may be the Authorised Person where the Case concerns the affairs of the Authorised Person); and
bodies corporate (including limited liability partnerships) and partnerships, in each case whether or not having a separate legal personality, except where the context requires otherwise;

“the Case”

the particular legal dispute or matter, whether contentious or non-contentious, in respect of which Firkins Legal Consultancy is instructed to provide the Services;

“the Instructions”

the briefs, instructions and requests for work to be done (and all accompanying materials) given by the Client to Firkins Legal Consultancy in whatever manner to enable Firkins Legal Consultancy to supply the Services, and “Instruct” and “Instructing” shall have corresponding meanings;

“Invoice”

a payment request for the supply of Services, and includes an invoice not amounting to a VAT invoice;

“the Services”

the legal services provided by Firkins Legal Consultancy pursuant to the Instructions provided by the Client.

APPLICATION OF THESE CONDITIONS

2.1 Firkins Legal Consultancy provides the Services requested by the Client on the terms set out in these Conditions.

2.2 These Conditions (other than this Clause 2.2) may be varied if, but only if, expressly agreed by the Parties in writing (including by exchange of emails).

2.3 By instructing Firkins Legal Consultancy to provide further Services in relation to the Case, the Client accepts these Conditions in relation to those further Services, as well as in relation to the Services which Firkins Legal Consultancy is initially instructed to provide.

THE INSTRUCTIONS TO FIRKINS LEGAL CONSULTANCY

3.1 The Client must ensure the Instructions delivered to Firkins Legal Consultancy are adequate to supply us with the information and documents reasonably required and in reasonably sufficient time for us to provide the Services requested.

3.2 The Client must respond promptly to any requests for further information or Instructions made by Firkins Legal Consultancy.

3.3 The Client must inform Firkins Legal Consultancy immediately if there is reason to believe that any information or document provided to Firkins Legal Consultancy is not true and accurate.

3.4 Where the Client requires Firkins Legal Consultancy to perform all or any part of the Services urgently the Client must ensure that:

3.4.1 all relevant Instructions are clearly marked “Urgent”; and

3.4.2 at the time the Instructions are delivered Firkins Legal Consultancy is informed in clear and unambiguous terms of the timescale within which the Services are required and the reason for the urgency.

3.5 The Client must inform Firkins Legal Consultancy within a reasonable time if the Case is settled or otherwise concluded.

RECEIPT AND ACCEPTANCE OF THE INSTRUCTIONS

4.1 Upon receipt of the Instructions, Firkins Legal Consultancy will within a reasonable time review the Instructions and inform the Client whether or not the Instructions are accepted.

4.2 Firkins Legal Consultancy may accept or refuse the Instructions and incurs no liability if Instructions are refused.

4.3 Subject to the preceding provisions of this Clause 4, the Agreement comes into effect upon Firkins Legal Consultancy accepting the Instructions.

PROVIDING THE SERVICES

5.1 Firkins Legal Consultancy will exercise reasonable skill and care in providing the Services. Firkins Legal Consultancy acknowledges the existence of a duty of care owed to the Client at common law.

5.2 Firkins Legal Consultancy will provide the Services by such date as may be agreed between the parties, and in any event will do so within a reasonable time having regard to the nature of the Instructions and his other pre-existing obligations.

5.3 Firkins Legal Consultancy will, in addition, provide all information reasonably required to enable the Client to assess what costs have been incurred.

FEES

6.1 The fee for the Services will be calculated as agreed between Firkins Legal Consultancy and the Client, prospectively.

6.2 Firkins Legal Consultancy may agree to provide the Services for a fixed fee or may agree to provide the Services on the basis of an agreed hourly rate or on such other basis as may from time to time be agreed. If an hourly rate is agreed:

6.2.1 the agreed hourly rate will be subject to reasonable periodic review by Firkins Legal Consultancy;

6.2.2 any variation of the agreed hourly rate and the date on which it shall take effect shall be agreed with the Client, and in default of agreement Firkins Legal Consultancy shall be entitled to treat the Agreement as having been terminated by the Client.

6.3 The fee for Firkins Legal Consultancy’s Services is exclusive of any applicable Value Added Tax (or any tax of a similar nature), which shall be added to the fee at the appropriate rate, if necessary.

BILLING AND PAYMENT

7.1 Firkins Legal Consultancy shall be entitled to deliver an Invoice to the Client in respect of the Services (or any completed part thereof) as soon as reasonably practicable after supplying the Services (or the relevant part thereof).

7.2 The Invoice must set out an itemised description of:

7.2.1 the Services provided by Firkins Legal Consultancy and the fees charged;

7.2.2 any disbursements incurred and the cost thereof; and

7.2.3 VAT (or any tax of a similar nature), if any.

7.3 The Client must pay the Invoice within 30 days of delivery, time being of the essence.

7.4 If the Invoice remains outstanding more than 30 days from the date of delivery, Firkins Legal Consultancy is entitled:

7.4.1 to sue the Client for payment; and

7.4.2 refrain from doing any further work unless payment for that further work is made in advance.

TERMINATION

8.1 The Client may terminate the Agreement by giving notice to Firkins Legal Consultancy in writing at any time.

8.2 Firkins Legal Consultancy may terminate the Agreement by giving notice to the Client in writing at any time.

8.3 The Agreement will terminate immediately upon receipt of a termination notice by either party.

8.4 Firkins Legal Consultancy shall be entitled to deliver an Invoice to the Client in respect of any costs incurred under the terminated Agreement.

8.5 For the avoidance of doubt, termination of the Agreement, whether under this Clause 8 or otherwise, does not affect or prejudice any other accrued liabilities, rights or remedies of the parties under the terminated Agreement.

NOTICES AND DELIVERY

9.1 Any notice or other written communication to be given or delivered under this Agreement may be despatched in hard copy or in electronic form (including email) and shall be given to Firkins Legal Consultancy at our last known address or email address; and shall be given to the Client at their last known place of business or email address.

9.2 Notices and other written communications under this Agreement shall be deemed to have been received:

9.2.1 in the case of hard copy documents despatched by first class post, on the second working day next following the day of posting;

9.2.2 in the case of documents despatched by second class post, on the fourth working day next following the day of posting;

9.2.3 in the case of documents in electronic form, on the working day next following the date of despatch.

LIABILITY AND INDEMNITY

10.1 Subject to Clause 10.2 below, Firkins Legal Consultancy is not liable:

10.1.1 for any claims, damages, losses, liabilities, judgments, settlements, costs and expenses arising from or in connection with the provision of any legal services provided by us, except to the extent that such claims, damages, losses, liabilities, judgments, settlements, costs and expenses arises out of or results from our gross negligence, wilful misconduct or fraud.

10.1.2 for any claims, damages, losses, liabilities, judgments, settlements, costs and expenses arising from or in connection with the termination of the Agreement by us, whether under Clause 8 or otherwise.

10.1.3 for any loss or damage, however suffered, which is caused by inaccurate, incomplete or late Instructions;

10.1.4 for any indirect or consequential loss however suffered.

10.2 Nothing in Clause 10.1 shall operate to exclude liability where such exclusion is prohibited by law.

10.3 Each party (the “Indemnifying Party”) shall indemnify the other party (the “Indemnified Party”) from and against any and all claims, damages, losses, liabilities, judgments, settlements, costs and expenses arising from or in connection with any breach of this Agreement by the Indemnifying Party, except to the extent that such claims, damages, losses, liabilities, judgments, settlements, costs and expenses are caused by the negligence or intentional misconduct of the Indemnified Party.

CONFIDENTIAL INFORMATION AND PUBLICITY

11.1 Firkins Legal Consultancy will keep confidential all information provided to us unless:

11.1.1 Firkins Legal Consultancy is authorised by the Client to disclose it;

11.1.2 the information is in or comes into the public domain without any breach of confidentiality on the part of Firkins Legal Consultancy; or

11.1.3 Firkins Legal Consultancy is required or permitted to disclose it by law, or by any regulatory or fiscal authorities, in which case, to the extent that Firkins Legal Consultancy is permitted to do so, we will endeavour to give the Client as much advance notice as possible and permitted of any such required disclosure.

11.2 Subject to the obligation under Clause 5.1, Firkins Legal Consultancy may make and retain copies of the Instructions and any written material produced by us.

11.3 To the extent such information is already in the public domain, Firkins Legal Consultancy may disclose in our marketing and similar materials, and to prospective clients and publishers of legal directories that we are or have been instructed by the Client and the nature of the Case. To the extent any such information is not already in the public domain, Firkins Legal Consultancy may only refer to it for marketing purposes in a form which sufficiently preserves the Client’s privilege and confidentiality and (where the law so requires) with the Client’s consent.

ELECTRONIC COMMUNICATION

12.1 Unless otherwise directed by the Client, Firkins Legal Consultancy may correspond by means of electronic mail, (which may include unencrypted electronic mail) the parties agreeing hereby:

12.1.1 to accept the risks of using unencrypted electronic mail, including but not limited to the risks of viruses, interception and unauthorised access; and

12.1.2 to use commercially reasonable procedures to maintain security of electronic mail, subject to the parties' agreement in Clause 12.1 hereof to use unencrypted electronic mail, and to check for commonly known viruses in information sent and received electronically.

DATA PROTECTION

13.1 Firkins Legal Consultancy is a data controller for the purposes of the General Data Protection Regulation (Regulation (EU) 2016/679) and Data Protection Act 2018 and is bound by the Regulation and the Act amongst other things, to implement appropriate technical and organisational measures to ensure an appropriate level of security of personal data including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage. Firkins Legal Consultancy is entitled to process (which includes obtaining, consulting, holding, using and disclosing) personal data of the Client: to enable us to provide the Services; to pursue our legitimate interests, including maintaining and updating client records, producing management data, preventing crime, and publicising our activities as set out in Clause 11.3 above, except where those interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data; and to comply with legal and regulatory requirements to which we are subject.

13.2 Firkins Legal Consultancy will process personal data in accordance with Clause 11 above.

13.3 The Client has, subject to the exemptions provided in the Regulation and the Act;

13.3.1 the right of access to their personal data:

13.3.1.1 for the purpose of rectification or erasure of their personal data or restriction of processing concerning the data subject or to object to processing;

13.3.1.2 to exercise their right to data portability;

13.3.2 the right to withdraw consent to the processing of personal data;

13.3.3 the right to lodge a complaint with the Information Commissioner.

WAIVER

14.1 Except where expressly stated, nothing done or not done by Firkins Legal Consultancy or the Client constitutes a waiver of that party’s rights under the Agreement.

SEVERABILITY

15.1 If any provision of these Conditions is found by a competent court or administrative body of competent jurisdiction to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the other provisions of these Conditions which will remain in full force and effect.

15.2 If any provision of these Conditions is found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question will apply with such deletions as may be necessary to make it valid and enforceable.

EXCLUSION OF RIGHTS OF THIRD PARTIES

16.1 This Agreement governs the rights and obligations of Firkins Legal Consultancy and the Client towards each other and confers no benefit upon any third party. The ability of third parties to enforce any rights under the Contracts (Rights of Third Parties) Act 1999 is hereby excluded.

ENTIRE AGREEMENT

17.1 Subject to Clauses 2.2 and 6.1, the Agreement, incorporating these Conditions, comprises the entire agreement between the parties to the exclusion of all other terms and conditions and prior or collateral agreements, negotiations, notices of intention and representations and the parties agree that they have not been induced to enter into the Agreement on the basis of any representation.

INTELLECTUAL PROPERTY RIGHTS

18.1 All copyright and other intellectual property rights of whatever nature in or attaching to Firkins Legal Consultancy’s work product, including all documents, reports, written advice or other materials provided by Firkins Legal Consultancy to the Client belong to and remain with Firkins Legal Consultancy. The Client has the right and licence to use Firkins Legal Consultancy’s work product for the particular purpose for which it is prepared. If the Client wishes to use copies of the Firkins Legal Consultancy’s work product for purposes other than those for which it is prepared, this will require the express written permission of Firkins Legal Consultancy.

GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION

19.1 The Agreement and these Conditions shall be governed by and construed in accordance with the law of England and Wales.

19.2 Unless any alternative dispute resolution procedure is agreed between the parties, the parties agree to submit to the exclusive jurisdiction of the Courts of England and Wales in respect of any dispute which arises out of or under this Agreement.

19.3 Without prejudice to Clause 19.2, the parties may agree to alternative methods of dispute resolution.