Rent Deferral Agreement Creator – Terms and Conditions
The purpose of these General Terms of Business (‘the Terms’) is to set out the basis on which Harrison Drury & Co limited will act for you. In these Terms “we” shall mean Harrison Drury & Co Limited. We aim to provide you with a good professional service in a cost effective manner. All of the work we do for you is carried out under the Terms unless variations are agreed with you in writing. We are also subject to the SRA Standard and Regulations 2019, details of which are available on www.sra.org.uk.
Please check these terms carefully and accept where indicated at the end of the document.
- Our services and Instructions
You have decided to use the standard template Rent Deferral Agreement on our website. You will provide information which will be inserted into the standard Rent Deferral Agreement and produced as a final document in return for the agreed sum.
You acknowledge that we have not provided any specific legal advice in respect of your specific circumstances or needs. By providing you with the standard template you confirm that you have considered its suitability to your needs.
You understand that should you require specific assistance you should obtain further legal advice by contacting us direct.
We have no liability for any situation which may lead you to any loss if you have not obtained full specific advice prior to the implementation of the Rent Deferral Agreement.
Our instructions will end once you are in receipt of your finalised standard template Rent Deferral Agreement.
The Partner at the Firm with overall responsibility and for the supervision of any work is John Chesworth. That Partner has complete discretion to deploy such of our lawyers, trainee lawyers, paralegals or other staff as he deems necessary or desirable to ensure appropriate delivery of the Services.
We only advise on the Laws of England and Wales. If you require advice on the law of other jurisdictions, we will, with your agreement, instruct lawyers practicing those laws to give such advice on the same basis as we engage other third parties on your behalf.
- Our Fees
You have instructed us on a fixed fee instruction which is £95 plus VAT.
Payment is due prior to the release of the finalised standard template Rent Deferral Agreement
- Your Responsibilities
You will (so far as you are practicably able to do so):-
provide us with timely instructions, information and materials necessary or desirable for us to perform the Services for you; and
ensure that all information provided to us is complete in all material respects and not misleading.
- Client Care
We want you to be happy with every aspect of our Service. We therefore operate a Client Care Code, the principles of which are as set out below:-
We are committed wholeheartedly to the professional standards laid down by the Solicitors Regulations Authority.
The Firm has a Complaints Procedure document, which is available on request, and which may be relevant should you be unhappy with this fixed fee service. Your right to complain might relate to the way in which your matter is being handled, or a bill that we issue. In the case of a complaint about a bill, there might also be a right to object to the bill by applying to the court for an assessment of bill under Part 111 of the Solicitors Act 1974. However, we would point out that if all or part of a bill remains unpaid, we will be entitled to charge interest – any such entitlement would be set out in our General Terms of Business and/or on the reverse side of the bill.
If you remain dissatisfied at the end of our complaints process, you may be able to take your complaint to the Legal Ombudsman, whose details can be found in our Complaints Procedure.
Alternative complaints bodies such as ProMediate exist which are competent to deal with complaints about legal services should both you and our Firm wish to use such a scheme. We agree to use ProMediate.
- CONFIDENTIALITY AND DATA PROTECTION
Harrison Drury and Co Ltd is bound by the provisions of the General Data Protection Regulation 2016 and the SRA Standards and Regulations 2019. We place great emphasis on maintaining the highest standards of confidentiality and ensuring the integrity of any personal data that we process. Details of our approach to the management of personal data can be seen in our Privacy Notice. This applies to most client information, as well as the reports, letters, documents, information and advice we require the third party to enter into a direct relationship with us. Where reports, documents information and advice given by us is disclosed to a third party we recognise no obligation to that third party.
Sometimes we ask other companies or people to do typing/photocopying/ other administration duties on our files to ensure this is done promptly. We will always seek a confidentiality agreement with these outsourced providers. If you do not want your file to be outsourced, please tell us as soon as possible.
In addition our agreements as to fees are given in confidence and are provided on the condition that you undertake not to disclose these or any other confidential information made available to you by us during the course of our work
Due to our own internal quality standards, we are subject to periodic checks. This could mean that your file may be selected for checking, in which case we would need your consent for inspection to occur. All inspections are, of course, conducted in confidence. If you prefer to withhold consent, work on your file will not be affected in any way.
Since very few of our clients do object to this we propose to assume that we do have your consent unless you notify us to the contrary. We will also assume, unless you indicate otherwise, that consent on this occasion will extend to all future matters which we conduct on your behalf. Please contact us and we can explain this further or if you would like us to mark your file as not to be inspected. If you would prefer to withhold consent please put a line through this section in the copy letter for return to us.
Before we undertake any work on your behalf we will ask for information about you, including your name, address and date of birth together with some identification, for example, your passport and proof of residence and we will keep a copy of this (“your Data”). We may use your Data to undertake a search with an online identity verification company. We will keep a copy of any searches made and the results which will be used for internal decision making purposes. We have a legal requirement to secure this information under the Money Laundering Terrorist financing and Transfer of Funds (Information on the Payer) Regulations 2017.
We may use your Data and other information we obtain as a result of the work we do for you to provide you with legal services and to administer your account with us including tracing and collecting any debts. We may also use it for fraud prevention (for Example by verifying your identity to comply with our money laundering obligations), to ensure client satisfaction and to improve services and for the safety and security of our offices and staff.
In line with our Privacy Notice, we may, from time to time, contact you by letter, phone, and email or otherwise about our services and events (such as newsletters, seminars and hospitality) which we believe will be of interest to you. If you do not want us to send you details of these, please tick the box at the end of these General Terms of Business before returning a signed copy to us. You can change your mind at any time.
Under the General Data Protection Regulation 2016 an individual has the right to make a data subject access request. Please refer to our Privacy Notice for further information. Should you wish to make a data subject access request please advise us by writing to us at enquiries@harrison- drury.com or contacting our main office number on 01772 258321.
- FILE RETENTION
Unless expressly agreed otherwise in writing our policy is to archive files and documents whether in original, copy or imaged form for a period of at least 7 years after they are regarded as closed by us. We accept no responsibility or liability for any loss or damage caused by our failure to retain such files and documents for any period after such closure and are authorised by you to destroy the files and documents after such time. If you wish to retain your papers then please ask for them. Many papers on our files constitute our working papers and as such belong to us and are not papers to which you are entitled.
- INTELLECTUAL PROPERTY
We retain all copyright and other intellectual property rights in everything developed or prepared by us either before or during the course of a matter relating to you including all report, letters, documents, precedents, written advice or other materials we provide to you.
Subject to the confidentiality clause above, we may wish, with your consent, to seek publicity concerning our involvement in any transaction or case. You will have the opportunity to review any proposed publicity material prior to its release.
- TERMINATION OF OUR INSTRUCTIONS
Our instructions will terminate on the successful delivery of the standard Rent Deferral Agreement.
- LIMITATION OF LIABILITY
We do not accept liability to any person or organisation to whom our advice is not addressed who is not our client except where its nature gives rise to a duty of care in favour of a third party.
Our liability to you for a breach of your instructions shall be limited to £5,000,000, unless we expressly state a higher amount in the letter accompanying these General Terms of Business. We will not be liable for any consequential, special, indirect or exemplary damages, costs or losses, or any damages, costs or losses attributable to lost profiles or opportunities. We can only limit our liability to the extent the law allows. In particular, we cannot limit our liability for death or personal injury caused by our negligence. Please ask if you would like us to explain any of the terms above.
Whilst we endeavour to ensure that our e- mail and attachments are checked by virus detection software no liability is accepted for any loss or damage caused by viruses emanating from or relayed by this rm.
We assume no responsibility for any critical date in any document held by us unless we have specific instructions from you to monitor and ac on which critical date and you have agreed to pay a charge for such monitoring.
We have a legal duty to tell you about our professional indemnity insurance. If you would like these details, please contact the Practice Manager for further details. The insurance covers our practice carried on from our offices in England and Wales and will extend to acts or omissions wherever in the world they occur.
- CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999
Except to the extent that Harrison Drury & Co Limited employees can benefit from the provisions thereof, the Contracts (Rights to Third Parties) Act 1999 does not apply to these Terms or any subsequent amendment to these terms unless expressly confirmed in writing by us that the said Act does apply.
- GOVERNING LAW
These Terms and any work which we undertake for you shall be governed by, and interpreted in accordance with English Law.
- MONEY LAUNDERING
Money Laundering Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (hereinafter referred to as the Money Laundering Regulations)
In accordance with the requirements of the Data Protection Act and the Money Laundering Regulations, we confirm:
- Harrison Drury & Co Limited is the data controller;
- Richard Blackburn is the nominated representative / data protection officer; and
- We will only process any documentation or personal data received from you in respect of client due diligence for the purposes of preventing money laundering and terrorist financing unless (a) use of that data is permitted by or under any enactment or (b) you give your express consent for the documentation or personal data to be used for other forms of processing.
We are required to comply with the Money Laundering Regulations and in particular to verify the identity and permanent address of all new Clients. This is to ensure that the policy adopted worldwide by the Financial and Government Authorities to prevent the use of laundering systems to disguise the proceeds of crime is achieved.
We may use an online ID verification service (Call Credit Secure) to conduct initial ID verification prior to establishing a business relationship with you. You will not be charged for any searches made and whilst the search will include reference to your credit history this will have no effect on your credit rating.
- EMAIL COMMUNICATIONS
We will use email for communication with you. However, there are some specific issues of which you should be aware:
Communications over the internet are not secure. You must guide us as to what should not be sent over the internet to you or on your behalf.
Emails do not always reach the intended recipient. We cannot guarantee that every email, sent and received, will reach the end user.
Whilst we take reasonable precautions against viruses by use of a recall and virus checking software, we do not guarantee that our email correspondence will be free from viruses. If we are to communicate by email, it is on the basis that you will also take reasonable precautions to prevent such viruses or other harmful devices.
We monitor email trace to detect unauthorised or illegal use of our email system. As a result, we may collect personal data about those sending and/or receiving the email or which is contained in the email. Any personal data collected in this way will be held and processed in accordance with the provisions of the Data Protection Act 2018.
- EQUALITY AND DIVERSITY
Consistent with our internal policies and procedures, we will not discriminate in the way we provide our Services on the grounds of race, colour, religion, nationality, ethnic origin, sexual orientation, gender, age, disability or marital status.
- FINANCIAL SERVICES
If during the course of the matter upon which we are advising you, you need advice on investments, we may have to refer you to someone who is authorised by the Financial Conduct Authority, as we are not. However, as we are regulated by the Solicitors Regula on Authority, we may be able to provide certain limited investment services where these are closely linked to the legal work we are doing for you.
The Law Society is a designated professional body for the purposes of the Financial Services and the Markets Act 2000, but responsibility for regulation and complaints handling has been separate from the Law Society’s representative functions. The Solicitors Regula on Authority is the independent regulatory body of the Law Society and the Legal Ombudsman is the independent complaints handling body of the Law Society.
- INSURANCE DISTRIBUTION
This firm is not authorised by the Financial Conduct Authority. However, as an Ancillary Insurance Intermediary, we are included on the register maintained by the Financial Conduct Authority, so 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