{"id":990769,"date":"2024-03-12T16:18:12","date_gmt":"2024-03-12T16:18:12","guid":{"rendered":"https:\/\/kmtlaw.co.uk\/?page_id=990769"},"modified":"2024-03-26T11:45:29","modified_gmt":"2024-03-26T11:45:29","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/kmtlaw.co.uk\/index.php\/terms-and-conditions\/","title":{"rendered":"TERMS AND CONDITIONS"},"content":{"rendered":"\t\t<div data-elementor-type=\"wp-page\" data-elementor-id=\"990769\" class=\"elementor elementor-990769\" data-elementor-post-type=\"page\">\n\t\t\t\t<div class=\"elementor-element elementor-element-276a991 e-flex e-con-boxed e-con e-parent\" data-id=\"276a991\" data-element_type=\"container\" data-settings=\"{&quot;content_width&quot;:&quot;boxed&quot;}\" data-core-v316-plus=\"true\">\n\t\t\t\t\t<div class=\"e-con-inner\">\n\t\t\t\t<div class=\"elementor-element elementor-element-eb2b302 elementor-widget elementor-widget-text-editor\" data-id=\"eb2b302\" data-element_type=\"widget\" data-widget_type=\"text-editor.default\">\n\t\t\t\t<div class=\"elementor-widget-container\">\n\t\t\t<style>\/*! elementor - v3.19.0 - 05-02-2024 *\/\n.elementor-widget-text-editor.elementor-drop-cap-view-stacked .elementor-drop-cap{background-color:#69727d;color:#fff}.elementor-widget-text-editor.elementor-drop-cap-view-framed .elementor-drop-cap{color:#69727d;border:3px solid;background-color:transparent}.elementor-widget-text-editor:not(.elementor-drop-cap-view-default) .elementor-drop-cap{margin-top:8px}.elementor-widget-text-editor:not(.elementor-drop-cap-view-default) .elementor-drop-cap-letter{width:1em;height:1em}.elementor-widget-text-editor .elementor-drop-cap{float:left;text-align:center;line-height:1;font-size:50px}.elementor-widget-text-editor .elementor-drop-cap-letter{display:inline-block}<\/style>\t\t\t\t<div data-controller=\"HeaderOverlay\" data-controllers-bound=\"HeaderOverlay\"><div><section data-content-field=\"main-content\"><div data-type=\"page\" data-updated-on=\"1701792881311\"><div><div><div data-block-type=\"2\" data-border-radii=\"{&quot;topLeft&quot;:{&quot;unit&quot;:&quot;px&quot;,&quot;value&quot;:0.0},&quot;topRight&quot;:{&quot;unit&quot;:&quot;px&quot;,&quot;value&quot;:0.0},&quot;bottomLeft&quot;:{&quot;unit&quot;:&quot;px&quot;,&quot;value&quot;:0.0},&quot;bottomRight&quot;:{&quot;unit&quot;:&quot;px&quot;,&quot;value&quot;:0.0}}\"><div><div><h1>Table of Contents<\/h1><p><strong>Terms and Conditions of Business<\/strong><\/p><ol data-rte-list=\"default\"><li style=\"list-style-type: none;\"><ol data-rte-list=\"default\"><li><p>\u00a0Introduction<\/p><\/li><li><p>\u00a0Responsibility for work carried out on your behalf<\/p><\/li><li><p>\u00a0Charges and expenses<\/p><\/li><li><p>Your rights with regard to our invoices<\/p><\/li><li><p>\u00a0Electronic mail (and other forms of electronic communication)<\/p><\/li><li><p>\u00a0Data protection<\/p><\/li><li><p>Proof of identity<\/p><\/li><li><p>\u00a0Confidentiality, money laundering and proceeds of crime etc.<\/p><\/li><li><p>\u00a0Insurance and liability<\/p><\/li><li><p>The charges and expenses of another party<\/p><\/li><li><p>Storage of papers and documents<\/p><\/li><li><p>Termination<\/p><\/li><li><p>Our service and complaints<\/p><\/li><li><p>Equality and diversity<\/p><\/li><li><p>Further instructions<\/p><\/li><li><p>Third parties<\/p><\/li><li><p>Law and jurisdiction<\/p><\/li><li><p>Other Points<\/p><p><strong>1 Introduction<\/strong><\/p><p>1.1 \u00a0The legal services that Karam, Missick &amp; Traube LLP (\u201cKMT\u201d) provides are regulated and authorised by the Solicitors Regulation Authority. Our registration number with the Solicitors Regulation Authority is 513195. These terms and conditions are set out to comply with certain standards recommended by the Solicitors Regulation Authority and the Law Society. Their other purpose is to indicate to clients as clearly as possible the standard of service that they can expect from us, the amounts that we will charge for the work that we do and our methods of charging.<\/p><p>1.2 \u00a0These terms and conditions do not affect statutory and common law rules that govern solicitors\u2019 business. However, if there is a conflict between the terms and conditions and such rules, the terms and conditions will prevail so far as it is possible for them to doso.<\/p><p>1.3 \u00a0When the words \u2018we\u2019 and \u2018us\u2019 are used in these terms and conditions, they mean KMT. KMT is a limited liability partnership registered in England and Wales. Its registration number is OC345380 and the registered office is situated at Almack House, 26-28 King Street, St James, London SW1Y 6QW. A list<\/p><p>of partners is available for inspection at this address. KMT is authorised and regulated by the Solicitors Regulation Authority.<\/p><p>1.4 These terms and conditions, any letter that we may send you which states that you have instructed us and any document referred to in that letter, together represent the terms and conditions on which we contract with you.<\/p><p><strong>2 Responsibility for work carried out on your behalf<\/strong><\/p><p>2.1 \u00a0The person(s) who will carry out all or the majority of the work on your matter is or are shown on the letter that accompanies these terms and conditions.<\/p><p>2.2 \u00a0In certain circumstances, it may be appropriate for some work to be carried out by other members of staff, such as paralegal, secretarial or support staff. This allows us to provide a more efficient service to you and also to charge you the appropriate amount for the work done. All work by such staff is performed under the supervision of a solicitor. A partner has overall supervision of the matter.<\/p><p><strong>3 Charges and expenses<\/strong><\/p><p>3.1 \u00a0How we charge<\/p><p>Our fees are based on the amount of time we spend in dealing with your matter. The time we spend will include (but will not be limited to) the following types of activities: meetings with you, members of your staff, experts and maybe others; drafting documents (such as statements of case, witness statements, and letters instructing advocates and experts); attending court; considering, preparing, reviewing and working on various documents; correspondence; travel and waiting time when required to attend matters outside of the office; and making and receiving telephone calls.<\/p><p>In addition to the time that we spend, we take into account various other factors including the complexity of the issues involved in the matter, the speed at which action must be taken, the expertise or specialist knowledge that the matter requires and, if appropriate, the value of the property or subject matter involved. Our rates may be adjusted upwards if, for example, the matter becomes more complex than expected or must be carried out in an emergency or out of hours. In these circumstances, we reserve the right to charge two times the hourly rate for any work that is required to be carried out outside our normal office hours or on an expeditedinstruction.<\/p><p>If you require more information or have a concern about our rates after an annual review, please do not hesitate to contact us.<\/p><p>3.2 \u00a0Our current hourly rates are:<\/p><p>Peter Karam (Senior Partner) \u00a3585 George Missick (Senior Partner) \u00a3585 Marc Traube (Senior Partner) \u00a3475 Nigel Jackson (Senior Solicitor) \u00a3500 Senior Associates (8 years plus PQE) \u00a3375 Associates (5 years plus) \u00a3350 Solicitors (2 years plus) \u00a3300 Newly Qualified Solicitors \u00a3250 Trainees \u00a3185 Paralegals \u00a3150<\/p><p>3.3 \u00a0Estimates of Costs<br \/>Please note that any estimate, quotation or other indication of costs is not intended to be fixed by us. Please also note that charging rates may be increased, and we will notify you 2 months in advance of any increase in the hourly charging rates. If you have any query about the level of any revised rate notified to you, please contact the person in charge of your case immediately.<\/p><p>In general contentious matters it is often difficult, in the first instance, to provide an accurate estimate of the likely overall costs. Nevertheless we try where possible to give estimates for the overall costs of the matter concerned and more particularly, we shall endeavor to give you estimates for each stage of the matter as the matter proceeds and at least every six months.<\/p><p>3.4 \u00a0VAT<br \/>We add VAT to our charges at the rate that applies when we carry out the work. Currently this is 20%. Our VAT registration number is 973295385. Where services are supplied under Schedule 5 of the VAT Act 1994, VAT is not chargeable and this will not be added.<\/p><p>3.5 \u00a0Disbursements<br \/>You must also pay for the expenses that we incur on your behalf (commonly called \u2018disbursements\u2019). These include photocopying charges, courier costs, travel expenses, overseas telephone calls and the costs of using the services of other professionals and other persons (such as surveyors, accountants, advocates and other agents). Also payable may be fees to central and local government, regulatory and other bodies (such as court fees, search fees, company searches and so on). VAT is normally payable on these items. Details of any disbursements will be notified to you as soon as possible.<\/p><p>Photocopying charges and the costs of facsimile transmissions which form part of our overheads are normally included within the service at the expense rate quoted. However we reserve the right to charge for these separately in the event that the amount of photocopying and the use of facsimile transmissions or other technology reasonably require this. Please note that we will charge 20 pence per photocopy, but will discuss this with you first.<\/p><p>Any bank transfers to be made in relation to your matter will incur an administrative charge by us of \u00a325.00 + VAT as well as the following bank charges:<\/p><p>Immediate Faster Payments (up to \u00a3250,000)<\/p><p>CHAPS (\u00a3250,000.00 and over)<\/p><p>Telegraphic Transfer (international payments)<\/p><p>\u00a33.00 \u00a320.00 \u00a325.00<\/p><p>3.6 Card payments<br \/>We accept payments by debit and credit card. The rates that are charged for each transaction are set out below:<\/p><p>\u2022 American Express Rates: 1.9% Please note that these rates will be charged on top of the amount you wish to pay.<\/p><p>Please do not hesitate to contact our accounts department should you wish to make payment by card.<\/p><p>3.7 \u00a0Additional work<br \/>If we need to carry out some unforeseen additional work, we will let you know about this (normally before we carry it out) and provide you with an estimate of the cost. This situation can arise because of unexpected difficulties, a change in your requirements or a change in circumstances during the course of the matter (such an unexpected action or inaction by the other party or parties involved in the matter).<\/p><p>3.8 \u00a0Matter not concluded<br \/>If your matter is not concluded, we will still charge for the time that we have spent and the disbursements and expenses that we have incurred on your behalf. You must still pay our charges and expenses.<\/p><p>3.9 \u00a0Money on account<br \/>We will normally ask you to pay certain sums in advance of us carrying out work and incurring expenses on your behalf. From time to time, we will ask for further sums in advance during the course of the matter. We will offset such payments made in advance against the invoices that we send you from time to time and the final invoice. However, you should be aware that the total charges and expenses are likely to exceed the advance payments that you have made tous.<\/p><p>3.10 \u00a0Cheque clearance<br \/>We reserve the right to clear any cheques or other forms of payment that you provide to us before carrying out any work on any aspect of your matter.<\/p><p>3.11 \u00a0Invoices and Late Payment<\/p><p>3.11.1 \u00a0We will send you invoices for our charges and expenses on a regular basis during the course of the<\/p><p>matter, normally monthly. This will enable you to budget your costs. All invoices sent to you are statute bills unless otherwise stated.<\/p><p>3.11.2 \u00a0Invoices are due for immediate payment. If payment of an invoice is outstanding for more than 14 days from the date of issue, we reserve the right to claim interest upon the sum outstanding pursuant to The Late Payment of Commercial Debts (Interest) Act 1998, as amended and supplemented by The Late Payment of Commercial Debts Regulations 2002. This permits KMT to apply late payment interest and seek reasonable debt recovery costs.<\/p><p>3.11.3 \u00a0If all or part of an invoice remains unpaid for more than one month, we reserve the right:<\/p><p>(a) \u00a0to charge interest on the outstanding amount at the rate applicable to judgment debts or at the rate of 5% above Barclays bank\u2019s base rate, whichever is higher;and<\/p><p>(b) \u00a0to stop work on any existing matter and to refuse any further instructions from you.<\/p><p>3.11.4 \u00a0Further, we reserve the right to charge an additional 5% late payment charge for invoices that are outstanding for more than 14 days.<\/p><p>3.11.5 \u00a0Once an invoice has been raised and sent to you, we are entitled to immediately transfer the fees and disbursements stated therein from monies held on your client account. In any event, in compliance with<\/p><p>the SRA Handbook, our fees will be transferred out of the client account before 14 days have lapsed from the date of the invoice.<\/p><p>3.11.6 \u00a0Please note that where you have instructed us to act for yourself with another party (for example your spouse, company, director etc.) jointly then you will be jointly and severally liable with that other party for the payment of our invoices. This means that you will be responsible for payment for the full amount of our invoices should the other party choose not to contribute for any reason.<\/p><p>3.11.7 \u00a0Where instructions are given on behalf of a company, the instructing party (for example a director, shareholder or beneficial owner), accepts personal responsibility for our fees unless otherwise agreed.<\/p><p>3.11.8 \u00a0We reserve the right, in accordance with SRA Rule 27, to offset outstanding invoices against monies we hold on account for you, unless such funds are held specifically for the purpose of discharging disbursements, such as counsel\u2019s fees or court fees. In the event that you have instructed us on multiple matters we may, where appropriate, transfer surplus funds from one account to another in order to clear any outstanding balance. We will however notify you of this first.<\/p><p><strong>4 Your rights with regard to our invoices<\/strong><\/p><p>4.1 \u00a0If you have queries about any invoice that you receive, please contact us immediately.<\/p><p>4.2 \u00a0If you do not agree with the amount of any of our invoices, you have the right to apply to the High Court. The court will assess the amount charged in an invoice. This process is subject to certain limitations. For further details of your rights, please consult the Solicitors Act 1974 Sections 70 to 72.<\/p><p>4.3 \u00a0If you use the procedure under the Solicitors Act 1974 and any part of an invoice remains unpaid, we have the right to charge interest on it (on the basis set out in paragraph 3.10.2 above).<\/p><p>4.4 \u00a0You have the right to complain about the amount of any of our invoices under our complaints procedure. Please see paragraph 13 below.<\/p><p><strong><br \/>5. Electronic mail (and other forms of electronic communication)<\/strong><\/p><p>Electronic mail and other forms of electronic communication (such as texting and voicemail) enable us to communicate more quickly with our clients (and also enable clients to correspond with us more quickly). However, not every client finds one or more of these methods of communication acceptable. Some have concerns about who might see the contents of such communications and not every client has systems in place to ensure that only the addressee of a form of electronic communication will see it. The letter which accompanies these terms and conditions allows you to indicate whether you agree<\/p><p>to letting us communicate with you by email or other forms of electronic communication. However, we cannot be responsible for the security of correspondence and documents sent by email or fax.<\/p><p><strong>6 \u00a0Data protection<\/strong><\/p><p>6.1 In order for us to provide you with legal services you will need to provide us with information about yourself. Although the information you provide is used primarily for the provision of legal services, it may also be used for related purposes (such as administration, invoicing and\/or keeping client records etc.). While we are performing the legal services, we can also collect or retrieve information about you from<\/p><p>third parties.<\/p><p>6.2 \u00a0How we use this information depends on three factors:<\/p><ol data-rte-list=\"default\"><li><p>6.2.1 \u00a0the instructions that you provide;<\/p><p>6.2.2 \u00a0the requirements of the Data Protection Act 1998; and<\/p><p>6.2.3 \u00a0the duty of confidentiality that we owe to you.<\/p><\/li><\/ol><p>6.3 \u00a0In particular circumstances, we may disclose the information that you have provided or that we have collected or received about you to other persons and organisations. For example, this information may be disclosed to:<\/p><ol data-rte-list=\"default\"><li><p>6.3.1 \u00a0other suppliers of professional services, such as other lawyers, accountants and expert<\/p><p>witnesses. For example, if we are helping you to negotiate a contract with a third party, a lawyer may be representing that party and we will need to disclose information about you to them during discussions about the contract;<\/p><p>6.3.2 \u00a0the courts and governmental and regulatory authorities. For example, if we are applying for a permit or a licence on your behalf, we must disclose relevant information about you to the organisation that is granting permission or issuing the licence; and<\/p><p>6.3.3 \u00a0organisations that regulate the legal profession.<\/p><\/li><\/ol><p>6.4 \u00a0You have the right to access any personal data that we hold about you. Further details about how to do<\/p><p>this can be found on the Information Commissioner\u2019s Office website at www.ico.gov.uk.<\/p><p>6.5 \u00a0On occasions, we would like to send you information that is not connected with the matter for which you instructed us. If you would prefer us not to contact you with such information, please let us know by email or in writing.<\/p><p><strong>7 Proof of identity<\/strong><\/p><p>7.1 \u00a0We are required by law to obtain satisfactory evidence of your identity (which can include people who are related to you). This is because criminals who want to launder money may use solicitors who handle and deal with money and property on behalf of clients.<\/p><p>7.2 \u00a0To comply with our duties, we must have the evidence of your identity as soon as possible.<\/p><p>7.3 \u00a0For individuals, in most cases, identification evidence will consist of the following two documents:<\/p><ol data-rte-list=\"default\"><li><p>7.3.1 \u00a0your current valid passport; and<\/p><p>7.3.2 \u00a0a document (such as a utility bill or a bank statement) that shows your name and your current residential address and is dated no more than three months before the date on which we ask for the evidence of your identity.<\/p><\/li><\/ol><p>7.4 \u00a0For companies in most cases identification will involve:<\/p><ol data-rte-list=\"default\"><li><p>7.4.1 \u00a0us carrying out checks with the Registrar of Companies as to your existence and standing;<\/p><p>7.4.2 \u00a0other checks with third party organisations in appropriate cases;<\/p><p>7.4.3 \u00a0our inspection of your statutory registers and minute book;<\/p><p>7.4.4 \u00a0identifying those persons who we are dealing with on your behalf, and those persons who<\/p><\/li><\/ol><p>hold a 25% or greater share of the company<\/p><p>7.5 \u00a0If you are unable to supply the documents listed in Paragraph 7.3 or 7.4 above please contact us to discuss alternative ways that you can be identified.<\/p><p>7.6 \u00a0In some cases, in order for us to properly identify you, we may need to carry out checks or make searches with third parties, and as such additional charges may be necessary to cover our expenses for such additional searches. Any such charges will be discussed with you in advance and will be listed under the expenses section of your bill.<\/p><p>7.7 \u00a0Where you cannot provide satisfactory evidence of identity then we may not be able:<\/p><ol data-rte-list=\"default\"><li><p>7.7.1 \u00a0to act for you, and\/or<\/p><p>7.7.2 \u00a0to receive any money from you; and\/or<\/p><p>7.7.3 \u00a0to pay any money to you or to a third party on your behalf.<\/p><p data-rte-preserve-empty=\"true\">\u00a0<\/p><\/li><\/ol><p><strong>8 Confidentiality, money laundering and proceeds of crime etc.<\/strong><\/p><p>8.1 \u00a0As solicitors, we have both a professional and a legal obligation to keep your affairs confidential. These obligations include not disclosing the information that you provide to us (except as otherwise provided in these terms and conditions) or details about the legal services that we are providing to you.<\/p><p>8.2 \u00a0These obligations of confidentiality are not absolute. In certain circumstances, we may have a duty under the law to make a disclosure to the National Crime Agency. This duty to make a disclosure will be triggered when we suspect or know that a transaction may involve money laundering or terrorist financing.<\/p><p>8.3 \u00a0If we do make a disclosure to the National Crime Agency in connection with your matter, this is likely to mean that:<\/p><ol data-rte-list=\"default\"><li><p>8.3.1 \u00a0we cannot tell you that a disclosure has been made;<\/p><p>8.3.2 \u00a0we must stop working on your matter for a period of time; and<\/p><p>8.3.3 \u00a0we cannot tell you why we have stopped working on your matter.<\/p><\/li><\/ol><p>8.4 \u00a0As a result of Money Laundering Regulations 2007, KMT:<\/p><ol data-rte-list=\"default\"><li><p>Will only accept up to \u00a3500.00 incash for any transaction. Sums in excess of that amount<\/p><p>will not be accepted;<\/p><p>Will insist on proof of ID for the source of any third party cheques or payments;<\/p><p>May ask for more information as to your background and the transaction;<\/p><p>May insist that all financial matters and receipts of funds are effected well in advance of the;<\/p><p>date of expected use or requirement of those funds and refuse to exchange or complete your contractual obligation until fully satisfied as to relevant circumstances and\/or deemed or actual consent to the transaction has been obtained by us from the National Crime Agency.<\/p><\/li><\/ol><p>8.5 \u00a0If you and another person jointly instruct us on a matter, you agree that there will be no confidentiality between you and the other joint client and that information you disclose to us can be shared with the other joint client. We can also share information that you provide in relation to a matter with a third party (such as an accountant or estate agent and so on) who is helping with the matter, unless you instruct otherwise. You also permit us to disclose information about matters on which you instruct us to our insurers, auditors and the regulatory bodies governing the work of solicitors. We will only do so in confidence.<\/p><p>8.6 \u00a0If a conflict of interest occurs (for example, where your interests conflict with those of another joint client on the same matter or another client), we may have to stop acting for you. A conflict of interest can arise for a number of reasons. For example:<\/p><ol data-rte-list=\"default\"><li><p>8.6.1 \u00a0if you do not wish to allow us to disclose information that you have provided to another joint<\/p><p>client (such as where you are buying property with a mortgage and do not wish us to disclose<\/p><p>certain information to the lender who is a joint client with you);<\/p><p>8.6.2 \u00a0if you provide information to us which we must disclose to another client (in order to act in<\/p><p>their best interests as well as yours) but you do not wish us to do so, or the other client provides information which we must disclose (in order to act in your best interest) but they do not wish us to do so; or<\/p><p>8.6.3 \u00a0if another situation develops where it would be a breach of professional rules for us to act for both you and another client.<\/p><p data-rte-preserve-empty=\"true\">\u00a0<\/p><\/li><\/ol><p><strong>9 Insurance and liability<\/strong><\/p><p>9.1 \u00a0You acknowledge and agree that if you wish to make a claim relating to or in connection with the services provided by us, the claim can only be brought against KMT and not against the individual members, officers or employees. We believe that this is reasonable as it corresponds to modern business practice and KMT has in place indemnity insurance as required by the Solicitors Regulation Authority.<\/p><p>9.2 \u00a0\u2018Claim\u2019 means any claim whether arising out of this agreement or otherwise, and whether such a claim is made in contract, tort, on the ground of breach of trust or on any other basis.<\/p><p>9.3 \u00a0Where a person is called a \u2018partner\u2019, the purpose is to indicate that person\u2019s status. It is not to be assumed that the person is holding himself out as a partner for the purposes of partnership law. All partners are acting in their capacity as members and employees of KMT .<\/p><p>9.4 \u00a0Our maximum liability for loss or damage, breach of contract, breach of trust, negligence or otherwise (with the exception of fraud) is \u00a34 million for any one transaction\/matter or series of connected transactions\/matters, unless a higher amount is stated in the letter that accompanies these terms and conditions.<\/p><p>9.5 \u00a0Your rights in respect of any breach on our part of this engagement shall only be enforceable if notice in writing giving all material details of any claim shall have been given to us on or before the second anniversary of the date appearing at the top of the client engagement letter.<\/p><p>9.6 \u00a0We will not be so liable if such losses are attributable to the provision of false, misleading or incomplete information or documentation or due to the acts or omissions of any person other than us.<\/p><p>9.7 \u00a0We will not be liable, to you or any third party, for any loss, damage, costs or expenses of an indirect or consequential, special or exemplary nature, including without limitation any economic loss or other loss of turnover, profits, opportunities, business or goodwill, howsoever the indirect or consequential economic loss or damage is caused, including our negligence but not our willfulneglect.<\/p><p>9.8 \u00a0We limit our liability as far as the law permits. We cannot limit our liability where, because of our negligence, we cause death or personal injury to occur.<\/p><p>9.9 \u00a0We have professional indemnity insurance in place. The original certificate of insurance is available at our offices. Should you wish to inspect the insurance certificate, kindly let us know and we will produce the same.<\/p><p><strong>10 The charges and expenses of another party<\/strong><\/p><p>10.1 \u00a0You are responsible for paying our charges and the expenses incurred on your behalf in all circumstances. We will discuss with you whether and when another party or person may be legally required to pay them.<\/p><p>10.2 \u00a0If you succeed in court proceedings or through a form of settlement another party orperson:<\/p><ol data-rte-list=\"default\"><li><p>10.2.1 \u00a0may be required to pay our charges and expenses instead of you; or<\/p><p>10.2.2 \u00a0may be required to pay only a part of such charges and expenses.<\/p><\/li><\/ol><p>10.3 \u00a0Although another party may be required to pay all or part of our charges or expenses incurred they may refuse to pay or not have the funds to pay.<\/p><p>10.4 \u00a0If another party is legally aided or has community legal funding it is unlikely that party will be required to pay our charges and expenses incurred even if you succeed in a case against them.<\/p><p>10.5 \u00a0In all these circumstances you will be responsible for paying any or all of our charges and expenses incurred which are not, in fact, paid by another party or person.<\/p><p>10.6 \u00a0If a court requires another party or person to pay all or some of our charges and expenses incurred, interest on these can also be claimed in addition from the date of the court order. We will account to you for such interest to the extent that you have paid our charges or expenses on account. But we are entitled to the rest of that interest.<\/p><p>10.7 \u00a0You will be responsible to pay the charges and expenses of trying to recover any charges and expenses that the court orders the other party or person to pay.<\/p><p>10.8 \u00a0A court may also require you to pay the legal charges and expenses incurred by another party, usually when you are not successful in legal action against them or they are successful in legal action against you. Such payments would be in addition to our charges and expensesincurred.<\/p><p>10.9 \u00a0We will discuss with you whether it is possible that our charges and expenses incurred and any liability to pay another party&#8217;s charges and expenses incurred can be covered by insurance. Also we will discuss with you whether you should have insurance to meet any liability to pay another party&#8217;s charges and expenses incurred, and whether you are eligible for Legal Aid.<\/p><p>10.10 \u00a0You should immediately check whether you have insurance policies which provide cover for some or all of your legal costs concerning this matter. If you do, then you should immediately notify the insurer(s) about this matter. If you delay in informing them then they may refuse to accept the claim and this would mean you would be responsible to pay all the charges and expenses incurred.<\/p><p><strong>11 Storage of papers and documents<\/strong><\/p><p>11.1 \u00a0We are entitled to keep all the papers and documents generated by us or received from you or other persons (including original documents) if some or any sums that you owe us have not been paid at the end of our work on the matter or after the termination of the retainer.<\/p><p>11.2 \u00a0We normally keep papers for no more than six years (except for those that you ask us to return to you). We keep the papers on the understanding that at the end of six years after the date of the final invoice we sent to you, we have your express authority to destroy the papers. However, we will not destroy any papers that you have expressly asked us to deposit in safe custody.<\/p><p>11.3 \u00a0We do not usually charge for retrieving papers or documents held in storage where you are providing continuing or new instructions. However, we may charge (based on the time that we spend in retrieving stored papers or documents) for producing them to you or to another person at your request.<\/p><p><strong>12 Termination<\/strong><\/p><p>12.1 \u00a0You can terminate your instructions to us in writing at any time. However, if you have not paid all the sums owing to us, we are entitled to keep your papers and documents until you do so.<\/p><p>12.2 \u00a0During the course of the matter, you may come to believe that we should stop acting for you. This may be the case if, for example, you cannot give us clear or proper instructions on how we should proceed, or it has become apparent that you have lost confidence in the way that we are carrying out work on your behalf.<\/p><p>12.3 \u00a0We will only stop acting for you when we have a good reason to do so; for example:<\/p><ol data-rte-list=\"default\"><li><p>12.3.1 \u00a0if you do not pay one or more of our invoices;<\/p><p>12.3.2 \u00a0if you do not make an advance payment promptly when this has been requested;<\/p><p>12.3.3 \u00a0if you provide instructions that are unreasonable or would require us to breach a<\/p><p>professional rule or a duty to the court or involve the commission of a criminal offence; or<\/p><p>12.3.4 \u00a0if there is a conflict of interest.<\/p><\/li><\/ol><p>12.4 \u00a0If we decide to stop acting for you, we will give you reasonable notice that this is what we plan. The precise length of the notice will depend on the circumstances.<\/p><p>12.5 \u00a0If you decide that you no longer wish us to act for you, you must pay us for the time that we spend based on our hourly charges plus any expenses incurred up to the date of our ceasing to act for you.<\/p><p><strong>13 Our service and complaints<\/strong><\/p><p>13.1 \u00a0Our aim is to provide a high quality service with which you will be satisfied. However, we do realise that on some occasions your expectations may not be met or that you may have a query or concern or simply be dissatisfied. You are entitled to complain about the services that we provide to you. We have a complaints procedure for handling complaints (see below at paragraph 13.2). At the end of our complaints procedure, you have the right to make a complaint to the Legal Ombudsman (PO Box 6806, Wolverhampton WV1 9WJ, telephone number: 0300 555 0333, email address: enquiries@legalombudsman.org.uk, website: www.legalombudsman.org.uk).<\/p><p>There are time limits for making a complaint to the Legal Ombudsman: you should make a complaint to the Legal Ombudsman no later than:<\/p><ol data-rte-list=\"default\"><li><p>13.1.1 \u00a06 years from the date when we have done or not done something which is the subject matter<\/p><p>of your complaint; or<\/p><p>13.1.2 \u00a03 years from the date when you should have reasonably known that you could complain.<\/p><\/li><\/ol><p>You also have 6 months to complain to the Legal Ombudsman from when you receive a final response from us. The Legal Ombudsman has indicated that this time limit and the time limits in paragraphs 13.1.1 and 13.1.2 must be met for a complaint to be accepted.<\/p><p>13.2 \u00a0As a first step you should raise any concerns or complaints with the person(s) named in the letter which accompanies these terms and conditions. If you cannot resolve the concerns or complaints to your satisfaction or do not wish to speak to the person(s) named, please contact the specified person who has overall responsibility for your matter. If you are still dissatisfied, please contact Marc Traube. Where the person dealing with your matter is Marc Traube, your complaint can be taken up with Peter Karam.<\/p><p><strong>14. Quality and diversity<\/strong><\/p><p>We have a strong commitment to embracing as well as promoting equality and diversity in the relationships that we have with our clients, our employees and third parties. KMT does not discriminate in the way that we provide services on the grounds of race, colour, religion, nationality, ethnic origin, sexual orientation, gender, age, disability or marital status.<\/p><p><strong>15. Further instructions<\/strong><\/p><p>If you provide us with further instructions, these general terms and conditions will apply, unless we agree otherwise.<\/p><p><strong>16 Third parties<\/strong><\/p><p>16.1 \u00a0For the purposes of the Contracts (Rights of Third Parties) Act 1999, this contract is not intended to, and does not, give any person who is not a party to it the right to enforce any of its provisions.<\/p><p>16.2 \u00a0Only the person(s) named as our client or clients in the letter accompanying these terms and conditions can rely on any advice or assistance or other work that we provide. If any information given as part of our advice, assistance or other work is revealed to a third party by you (or by us), you must then inform the third party that we accept no responsibility for it.<\/p><p><strong><br \/>17. Law and jurisdiction<\/strong><\/p><p>This agreement will be governed by and construed in accordance with the laws of England and Wales and each party agrees to submit to the exclusive jurisdiction of the courts of England and Wales.<\/p><p><strong>18. Other points<\/strong><\/p><p>18.1 \u00a0Opening hours<\/p><p>We are open on normal working days from 09.00 am to 5.00 pm. Outside of these opening hours, please contact the solicitor working on your matter via email or leave a message on our answer machine on 020 7292 2060. Please note that we do not usually provide our services outside of the days and times stated above, except where we have made prior arrangements with you. Meetings outside office house may be arranged in exceptional circumstances if this is unavoidable or if there is an emergency.<\/p><p>18.2 \u00a0Examination of our files and systems by third parties<br \/>KMT has the benefit of the Law Society\u2019s Conveyancing Quality Scheme. As such we may need to let another organisation (such as the body that regulates solicitors, the Solicitors Regulation Authority) examine or audit our systems and files, or to produce material to them. In this situation, they are under a duty to maintain confidentiality in relation to your files. If you object to your file being audited by an external auditor kindly advise us at the outset of the matter.<\/p><p>18.3 \u00a0Financial Services<br \/>We are not authorised by the Financial Conduct Authority, under the Financial Services and Markets Act 2000. If, while we are acting for you, you require advice on investments, we may need to refer you to someone who is authorised to provide such advice. We are able in certain circumstances to offer a limited range of investment services to clients, as members of The Law Society of England and Wales and regulated by The Solicitors Regulation Authority. We can provide limited investment services if they are an incidental part of the professional services we have been engaged to provide.<\/p><p>18.4 \u00a0Financial Services Compensation Scheme Our client funds are held with Coutts &amp; Co.<\/p><p>It is highly unlikely that we will be held liable for losses resulting from a banking failure. The \u00a385,000 Financial Services Compensation Scheme (FSCS) limit applies to each individual client, so if you hold other personal monies in the same deposit-taking institution as our client account, the limit remains \u00a385,000 in total.<\/p><p>If a corporate body client is not considered to be a small company by FSCS it will not be eligible for compensation.<\/p><p>Some deposit taking institutions have several brands, i.e. where the same institution is trading under different names. You should check either with your deposit-taking institution, the Financial Conduct Authority or a financial adviser for more information.<\/p><p>18.5 \u00a0Interest Payments<br \/>If requested by a client we pay interest on client monies held by us in accordance with the Solicitors Act 1974, subject to certain minimum amounts and periods of time set out in the Solicitors\u2019 Regulation<\/p><p>Authority Accounts Rules 2011. Interest will be calculated and paid to you at the rate from time to time payable on Coutts &amp; Co designated client accounts. In the event that we are holding monies to your credit on one of your matters,and there are unpaid costs or disbursements on another of your matters, we reserve the right to apply any such funds to discharge your liability to us.<\/p><p>18.6 \u00a0Intellectual Property<br \/>All intellectual property rights subsisting in any documents or works created by KMT or any third parties in relation to your matter shall remain proprietary to the party that created such document or work, unless otherwise agreed by KMT or the third party in question.<\/p><p>18.7 \u00a0End of Your Case<br \/>When your case comes to an end we will tell you the outcome and anything else you need to do including whether you need to look at the matter again in the future. We will return any of your property, unless you ask us to store it, and account to you for any outstanding money.<\/p><p>18.8 \u00a0Appointment<br \/>If you need to see your legal representative please book an appointment before attending the office. If for any reason you have difficulties contacting them or have minor queries, then please feel free to write to us or send an email to reception@kmtlaw.co.uk and we will respond without delay.<\/p><p>18.9 \u00a0Change of Address\/Telephone<br \/>If you change your address and\/or telephone number, you must inform us immediately in writing of the same, as if we are unable to contact you, your case may suffer detriment.<\/p><\/li><li><p>Hourly Rates:<b><\/b><\/p><ul><li aria-level=\"1\"><b style=\"text-align: var(--text-align); background-color: var( --e-global-color-vamtam_accent_5 ); letter-spacing: var( --e-global-typography-vamtam_primary_font-letter-spacing ); text-transform: var( --e-global-typography-vamtam_primary_font-text-transform ); word-spacing: var( --e-global-typography-vamtam_primary_font-word-spacing );\">Our hourly rates listed below:<\/b><\/li><\/ul><ul><li aria-level=\"1\"><b>Peter Karam (Senior Partner) \u00a3585 + VAT<\/b><\/li><\/ul><ul><li aria-level=\"1\"><b>George Missick (Senior Partner) \u00a3585 + VAT<\/b><\/li><\/ul><ul><li aria-level=\"1\"><b>Marc Traube (Senior Partner) \u00a3475 + VAT<\/b><\/li><\/ul><ul><li aria-level=\"1\"><b>Nigel Jackson (Senior Solicitor) \u00a3500 + VAT<\/b><\/li><\/ul><ul><li aria-level=\"1\"><b>Senior Associates (8 years plus PQE) \u00a3375 + VAT<\/b><\/li><\/ul><ul><li aria-level=\"1\"><b>Associates (5 years plus) \u00a3350 + VAT<\/b><\/li><\/ul><ul><li aria-level=\"1\"><b>Solicitors (2 years plus) \u00a3300 + VAT<\/b><\/li><\/ul><ul><li aria-level=\"1\"><b>Newly Qualified Solicitors \u00a3250 + VAT<\/b><\/li><\/ul><ul><li aria-level=\"1\"><b>Trainees \u00a3200 + VAT<\/b><\/li><\/ul><ul><li aria-level=\"1\"><b>Paralegals \u00a3150 + VAT<\/b><\/li><\/ul><\/li><\/ol><\/li><\/ol><\/div><\/div><\/div><\/div><\/div><\/div><\/section><\/div><\/div><footer role=\"contentinfo\" data-controller=\"FooterBreakpoints\" data-controllers-bound=\"FooterBreakpoints\"><div><div data-layout-label=\"Footer Top Blocks\" data-type=\"block-field\" data-updated-on=\"1493306741011\"><div><div>\u00a0<\/div><\/div><\/div><div><div>\u00a0<\/div><div data-layout-label=\"Footer Middle Blocks\" data-type=\"block-field\" data-updated-on=\"1452386857557\"><div><div>\u00a0<\/div><\/div><\/div><\/div><div data-layout-label=\"Footer Bottom Blocks\" data-type=\"block-field\" data-updated-on=\"1696346113640\"><div><div><div data-block-type=\"23\"><div><div>\u00a0<\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/footer>\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"<p>Table of Contents Terms and Conditions of Business \u00a0Introduction \u00a0Responsibility for work carried out on your behalf \u00a0Charges and expenses Your rights with regard to our invoices \u00a0Electronic mail (and other forms of electronic communication) \u00a0Data protection Proof of identity \u00a0Confidentiality, money laundering and proceeds of crime etc. \u00a0Insurance and liability The charges and expenses&#8230;<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"elementor_header_footer","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"_uf_show_specific_survey":0,"_uf_disable_surveys":false,"footnotes":""},"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v23.0 - https:\/\/yoast.com\/wordpress\/plugins\/seo\/ -->\n<title>TERMS AND CONDITIONS - Karam, Missick &amp; 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