ViHPS LEGAL LIMITED SOLICITORS AUTHORISED AND REGULATED BY THE SOLICITORS REGULATION AUTHORITY FIRM ID:446266 REGISTERED IN ENGLAND AND WALES UNDER COMPANY NUMBER 05928527 VAT 892 3245 10 ©ViHPS Legal Limited Terms and policies.
COMMERCIAL SOLICITORS
®
ViHPS STANDARD TERMS OF BUSINESS
Unless we agree otherwise, these terms will apply to all work we carry out for you, in addition to any special terms agreed between us and sent with these Terms of Business. If you are happy with these Terms of Business, please write back to us with your formal your acceptance of these terms. If you wish to clarify any aspect of this contract between us, please do not hesitate to discuss further with us.
PEOPLE RESPONSIBLE FOR OUR WORK FOR YOU
Unless otherwise agreed in writing, Paul Page-
OUR AUTHORITY TO ACT
We are authorised to act for and to accept instructions from you and those who have direct knowledge and involvement with the matter being dealt with or as otherwise agreed from time to time. Our legal advice will be in relation to English law. We are not ourselves able to or required to provide advice in relation to the law of other jurisdictions on which you may rely.
COMMUNICATIONS BETWEEN US/COMPLAINTS PROCEDURE
If you have any complaints or are unhappy with any aspect of the services you have
received or about the bill, please discuss them the relevant solicitor or director
dealing with the particular matter at the relevant time. If your issue is a complaint
that individual will aim to acknowledge receipt within [24 hours] and, where reasonably
possible, respond to your complaint within [7 working days] of receipt. If you are
still dissatisfied, please refer the matter to Paul Page-
WORKING HOURS/CHARGEABLE UNITS
Our normal working hours are broadly and flexibly between 0800 and 1800 Mondays to Fridays UK time, excluding weekends, bank and public holidays.
Time is recorded and billed in 1 minute units rather than the customary 6 minute units.
FEES AND PAYMENT
Our normal hourly rates are £240 + VAT for Paul Page-
The charges shall be calculated on the basis of the above rates and the amount of time spent on matters, including but not limited to, time spent with you in person or on the telephone, time spent preparing and reviewing papers, advising, drafting, correspondence, emails and making and receiving phone calls.
The hourly rates above are reviewed annually to take effect from 1 January and to take into account changes in salary and overheads. Notice of any revisions occurring during our provision of legal services will be given in writing.
In the event that you are not willing to agree to the revised rate, we reserve the right to terminate the arrangement.
All invoices are due and payable within 10 days after receipt of invoice. We may submit any invoice to you electronically and receipt will be effective on the date of submission if a UK working day or on the first working day thereafter if not.
EXPENSES
In addition to the fees for our time, we will charge for disbursements, travel, accommodation, international telephone, fax, postage etc at cost and at ordinary and reasonable rates, based on: mileage at 50 pence per mile; rail by second class; flights by economy for short haul unless this is not practical, and for long haul by cheapest available business or equivalent; 4 star hotels or equivalent. We may require you to make payments due to third parties in advance.
INTEREST ON LATE PAYMENTS
If an invoice or any part of it is not paid on time, we will charge you interest calculated on a daily basis on all amounts not paid from the date the invoice has been delivered until the date we receive payment at the rate not to exceed the greater of eight per cent (8%) per annum or as permitted in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 where applicable.
SERVICE LEVELS/WORKFLOW/REPORTING
Management of workloads and legal advice is a two way process requiring good communication and understanding between client and lawyer, clear instructions and realistic expectations.
Typically we aim to acknowledge any communications at least within 24 hours, less if
circumstances demand it (by return when we are specifically on call and standing by). We would expect similar responses from you. Other service levels and the form and frequency of reporting would be agreed to suit. It is important that wherever possible we are given reasonable notice of large volumes of work and deadlines or if something may need to be done urgently so that time can be planned and service levels can be maintained.
DISCLOSURE OF CONFIDENTIAL INFORMATION/MONEY-
We have a duty to keep your affairs confidential but in certain circumstances we may be required by law to disclose information about our clients, their affairs or about other matters which come to our attention when acting for a client to a legally authorized person or authority.
We may not be permitted to inform the client that we have been asked or that we have done so.
We will apply the law and regulations on money-
Unless otherwise notified by you, you authorise us to disclose information to any consultants of ViHPS or members of the Spectrum Alliance, where such disclosure is reasonably required by them to provide services to you.
NON-
We will aim to communicate with you by such method as requested by you. Unless you withdraw consent, we reserve the right to communicate with you and others when appropriate by email or where required by fax. However, we cannot be responsible for the security of any documents or correspondence sent by email or fax.
FUTURE INSTRUCTIONS
Unless otherwise agreed in writing between us, and subject to the application of the then current hourly rates, these Terms of Business shall continue to apply to any future instructions we receive from you.
TERMINATION OF INSTRUCTIONS
You may terminate instructions to us in writing at any time and for any reason but we will be entitled to retain your client documents and papers in the event that there is money owed to us for charges, disbursements and/or expenses.
We may decline to continue to act for you on matters by reasonable written notice in appropriate circumstances including: a breakdown of communication between solicitor/ client, an actual or potential conflict of interest, failure by you to pay an invoice or comply with reasonable requests for payment of charges or disbursements due.
In the event of termination of our retainer, you remain responsible for our charges for work carried out prior to termination.
DATA PROTECTION
For the purposes of the Data Protection Act 1998, by accepting these Terms of Business, you are hereby consent to personal data relating to and/or provided by you being processed by us as necessary for the proper provision of legal services and for the purpose of sending details of other services provided by us.
LIMITATION OF LIABILITY
We do not exclude or limit our liability for anything that cannot be limited or excluded under English law. Otherwise, we acknowledge that (subject to the other exclusions and limitations in these terms and conditions) we will be liable to you for any direct losses, damages, costs or expenses (“Losses”) you suffer which are caused by our negligence.
Our responsibility shall only extend to the advice and services we provided on matters
upon which you have actually instructed us. We will be reliant on you for the accuracy
of the information and/or the documentation you provide. We will not be liable to
you for any Losses to the extent caused 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 VIHPS Legal Limited, its partners, sub-
If you are being advised by one of several professionals and a limitation of liability has been agreed in relation to one or more of them, you agree that VIHPS Legal Limited’s liability to you will not be increased due to the limitation of liability agreed by you with other advisers. Our liability to you under or in connection with our engagement shall be limited to that proportion of the total Losses determined to be just and equitable by the English Court (or such other dispute resolution forum as we may mutually agree) having regard to the extent of our responsibility for the Losses in question.
The maximum liability of VIHPS Legal Limited, its directors, contractors and employees for all Losses, whether for breach of contract, negligence or other tort for breach of statutory duty, for misrepresentation for breach of fiduciary duty or trust or otherwise (other than for fraud) for any one matter or transaction or series of connected matters or associated transactions is limited to GBP £3 million or, if greater, the minimum cover which an incorporated legal practice is required to obtain. No liability is accepted for indirect or consequential losses, nor for any loss of profits, sales or turnover, bargain, goodwill, business, opportunity, anticipated savings, or for loss of or loss of use of any software, hardware or data.
We will not be liable to any third parties as a consequence of advice we may give
or work we may carry out for you nor as a consequence of any actual or implied authority
we may have to bind you or to make decisions on your behalf and you will indemnify
this company, its directors, sub-
Our fees are based on these limitations of liability and your indemnity to us which you accept represent a reasonable limitation of liability, having regard to commercial and professional business practice and the fact that we are obliged to carry indemnity insurance cover of not less than the minimum cover which the Law Society requires a solicitor’s incorporated practice to carry from time to time. If you require a higher level generally or for a specific project, please let us know and we will advise you as to any cost implications.
OUR LATE DELIVERY PENALTY
If we do not meet a delivery date to which we have committed and the delay is not caused by third parties, changes in instructions or requirements or exceptional circumstances, our hourly rate for that matter will be reduced by the following amounts until the delivery has been made and the time used will be amended accordingly:
Length of Delay Hourly Reduction £ Cumulative Hourly Reduction £
Less than 2 working days £10 £10
3-
5-
6-
More than 8 working days £10 £50
GENERAL
We will not be required to advise any party other than you the client under these terms of business. No other person shall have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the agreement between us.
Excluding fraud, these terms of business represent the entire agreement between us and supersedes all other verbal or written agreements for legal services, representations, promises or understandings unless expressly set out in these Terms of Business.
Unless we agree otherwise, these terms will apply to all work we carry out for you to the exclusion of any standard form terms and conditions or any additional or varied terms unless agreed between us in writing.
APPLICABLE LAW AND COURT
Our contract with you is governed by English law and the English courts (or such other dispute resolution forum as we may mutually agree) shall have exclusive jurisdiction.
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