Legal Service Providers - Terms and Conditions
Fixlegal Limited (No. 11803961), Hedgehog Hill, Hampton Lovett, Droitwich, Worcestershire, WR9 0PD
Legal Service Provider
The person or other legal entity applying to become a provider on this Website.
Services Start Date:
The date these terms are accepted by the Legal Service Provider.
As detailed in Schedule 1.
Each individual or business representative, to whom the Legal Service Provider is introduced on the Website
Potential Introduced Customer
A user of our Website who is looking for a provider of legal services and who, upon choosing a quotation, will become an Introduced Customer
Charged by Fixlegal to the Introduced Customer
Fixlegal charges the Introduced Customer a fee for introduction directly, prior to introduction. Usually Fixlegal will collect this directly from the customer, however if Fixlegal requests the Legal Service Provider to collect this on its behalf, the Legal Services provider shall use reasonable endeavours to do so. Fixlegal shall notify the Legal Service Provider when there is a fee to be collected and the amount of that fee. In addition a Repeat Services Fee shall apply in respect of repeat introductions as set out below.
Repeat Services Fee
Each additional service undertaken by the Legal Service Provider for an Introduced Customer once introduced shall be regarded as a separate instruction and subject to a separate repeat services fee as follows,
Whichever is higher, subject to a maximum of £250.
The repeat services fee shall be payable for all instructions that follow within 3 years of the date of the original introduction.
Schedule 1: Services.
Schedule 2: Charges.
Schedule 3: Processing, Personal Data and Data Subjects
Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
Charges: the charges payable to Fixlegal for the supply of the Services by the Legal Service Provider, as set out in the cover sheet and Schedule 2.
Conditions: these terms and conditions set out in clause 1 (Interpretation) to clause 11 (General) (inclusive).
Contract: the contract between Fixlegal and the Legal Service Provider for the supply of the Services in accordance with the cover sheet, these Conditions and any Schedules.
Controller: as defined in the Data Protection Legislation.
control: has the meaning given in section 1124 of the Corporation Tax Act 2010, and the expression change of control shall be construed accordingly.
Data Protection Legislation: the UK Data Protection Legislation and any other European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of Personal Data (including, without limitation, the privacy of electronic communications); and the guidance and codes of practice issued by the relevant data protection or supervisory authority and applicable to a party.
Data Subject: as defined in the Data Protection Legislation.
Fixlegal Materials: all materials, equipment and tools, drawings, specifications and data supplied by Fixlegal to the Legal Service Provider.
Group: in relation to a company, that company, any subsidiary or holding company from time to time of that company, and any subsidiary from time to time of a holding company of that company.
Intellectual Property Rights: patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Personal Data: as defined in the Data Protection Legislation.
Personal Data Breach: as defined in the Data Protection Legislation.
Processor: as defined in the Data Protection Legislation.
Processing: as defined in the Data Protection Legislation.
Services: the services to be provided by the Legal Service Provider pursuant to the Contract, as described in Schedule 1.
Services Start Date: the day on which the Legal Service Provider is to start provision of the Services, as set out in the Cover sheet.
Legal Service Provider IPRs: all Intellectual Property Rights either subsisting in the Deliverables (excluding any Fixlegal Materials incorporated in them) or otherwise necessary or desirable to enable a Potential Introduced Customer to receive and use the Services.
UK Data Protection Legislation: all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.
Website: the websitewww.fixlegal.co.uk and all web pages using the fixlegal brand.
A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time. A reference to a statute or statutory provision includes any subordinate legislation made from time to time under that statute or statutory provision.
Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
A reference to writing or written includes email.
Commencement and term
The Contract shall commence on the date when it has been signed by both parties and shall continue, unless terminated earlier in accordance with its terms, until either party gives to the other not less than 6 months' written notice to terminate, expiring on or after the anniversary of the Services Start Date.
Supply of services
The Legal Service Provider shall supply the Services to Fixlegal from the Services Start Date in accordance with the Contract.
In performing the Services the Legal Service Provider shall meet any performance dates specified in this Contract including Schedule 1.
In supplying the Services, the Legal Service Provider shall:
perform the Services with the highest level of care, skill and diligence in accordance with best practice in the Legal Service Provider's industry, profession or trade;
co-operate with Fixlegal, Introduced Customers, Potential Introduced Customers and all users of the website in all matters relating to the Services, and comply with all instructions of Fixlegal;
appoint or, at the written request of Fixlegal, replace without delay a manager, who shall have authority to contractually bind the Legal Service Provider on all matters relating to the Services. The initial manager shall be the Legal Service Provider's representative;
only use personnel who are suitably skilled and experienced to perform the tasks assigned to them, and in sufficient number to ensure that the Legal Service Provider's obligations are fulfilled;
ensure that it obtains, and maintains all consents, licences and permissions (statutory, regulatory, contractual or otherwise) it may require and which are necessary to enable it to comply with its obligations in the Contract;
comply with all applicable laws, statutes, regulations and codes from time to time in force.
observe all health and safety rules and regulations and any other reasonable regulatory requirements that apply to the Legal Service Provider from time to time;
not do or omit to do anything which may cause Fixlegal to lose any licence, authority, consent or permission on which it relies for the purposes of conducting its business;
Legal Service Provider Obligations
The Legal Service Provider shall pay the Fees set out in Schedule 2 and further agrees to notify Fixlegal not less than annually of any Repeat Services Fees due to Fixlegal. Fixlegal shall invoice upon being made aware of this. The Legal Service Provider shall notify Fixlegal once the matter has been closed and shall provide the information required by Fixlegal by responding to the questions raised on the Website, and providing such information as Fixlegal may reasonably require. The Legal Service Provider acknowledges that this requires the Legal Service Provider to act in good faith and that breach of this obligation shall be regarded as a material breach.
The Legal Service Provider agrees and acknowledges that the aim of this agreement is to provide legal services to Introduced Customers on a fixed fee basis and the Legal Service Provider shall wherever possible provide fixed fee quotes. Further, should the Legal Service Provider believe that limitations or conditions are required in order for a fixed fee quote to be provided, the Legal Service Provider shall use all reasonable endeavours to keep these to a minimum and keep them as simple and as fair as possible. Similarly if Legal Service Providers can only provide fixed fees in stages then they are encouraged to do so being as clear as possible about the number of stages involved and the likely cost of each stage.
Legal Service Providers shall be as clear as is possible about the number and type of disbursements and their exact amount, and if the amount is not known the Legal Service Provider shall provide a range of likely amounts
The Legal Service Provider shall comply with the reporting requirements set out on the Website and shall provide the information required promptly when requested, and in any event within 48 hours of any request.
The Legal Service Provider shall act with utmost integrity when responding to queries from Potential Introduced Customers and shall use all reasonable endeavours to ensure that all information supplied is accurate.
The Legal Service Provider understands that the details of prospective Introduced Customers will be anonymised until a formal introduction is made and the Legal Service Provider shall neither make any attempt to establish the identity of Potential Introduced Customers, nor find out their contact details, nor provide their own contact details, names, locations or any other information about the Legal Service Provider’s identity which is intended to, or may, lead to an introduction being made other than by a formal introduction on our website. Any breach of this clause shall be regarded as material justifying termination forthwith.
The Legal Service Provider shall appoint a representative who shall be the primary point of contact for Fixlegal and who shall ensure that responses required by the Legal Service Provider are provided as promptly as possible and within the agreed timescales.
provide such necessary information for the provision of the Services as the Legal Service Provider may reasonably request; and
provide leads to the Legal Service Provider from time to time from Potential Introduced Customers so that the Legal Service Provider can provide a quote for legal work required by the Potential Introduced Customer;
make the website available to the Legal Service Provider for the purposes of providing quotes to Potential Introduced Customers;
introduce the Legal Service Provider to an Introduced Customer once asked to do so by a Potential Introduced Customer;
A failure by Fixlegal to comply with the terms of the Contract can only relieve the Legal Service Provider from complying with its obligations under the Contract with effect from the date on which the Legal Service Provider notifies Fixlegal in writing and in reasonable detail of Fixlegal's failure and its effect or anticipated effect on the Services.
The Legal Service Provider and its licensors shall retain ownership of all Legal Service Provider IPRs. Fixlegal and its licensors shall retain ownership of all Intellectual Property Rights in Fixlegal Materials.
The Legal Service Provider shall indemnify Fixlegal against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by Fixlegal arising out of or in connection with any claim brought against Fixlegal for actual or alleged infringement of a third party's rights (including any Intellectual Property Rights) arising out of, or in connection with, the receipt, use or onward supply of the Services by Fixlegal and its licensees and sub-licensees. This clause 6.2 shall survive termination of the Contract.
Fixlegal shall indemnify Legal Service Provider against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs) suffered or incurred by the Legal Service Provider arising out of or in connection with any claim brought against the Legal Service Provider for actual or alleged infringement of a third party's rights (including any Intellectual Property Rights) arising out of, or in connection with, the receipt, use or onward supply of the Website by the Legal Service Provider. This clause 6.3 shall survive termination of the Contract.
Charges and payment
In consideration for the introduction of Introduced Customers, the Legal Service Provider shall pay the Charges to Fixlegal in accordance with this clause 7, and provide the Services to Fixlegal.
All amounts payable to Fixlegal exclude amounts in respect of value added tax (VAT) which the Legal Service Provider shall pay in addition to Fixlegal at the prevailing rate (if applicable), subject to receipt of a valid VAT invoice.
Fixlegal shall submit invoices for the Charges plus VAT if applicable to Fixlegal as follows:
In respect of an introduction, Fixlegal may ask the Legal Service Provider to collect its introduction fee as agent for Fixlegal; and
In respect of Repeat Services Fees Fixlegal shall invoice the Legal Service Provider annually following notification of the amounts due by the Legal Service Provider.
The Legal Service Provider shall pay each invoice which is properly due and submitted to it by Fixlegal, within 30 days of receipt, to a bank account nominated in writing by Fixlegal.
If the Legal Service Provider fails to make any payment due to Fixlegal under the Contract by the due date for payment, then, without limiting Fixlegal’s remedies under clause 10 (Termination), the Legal Service Provider shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause will accrue each day at 4% a year above the Bank of England's base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
Fixlegal may at any time, without notice to the Legal Service Provider, set off any liability of the Legal Service Provider to Fixlegal against any liability of Fixlegal to the Legal Service Provider, whether either liability is present or future, liquidated or unliquidated, and whether or not either liability arises under the Contract. Any exercise by Fixlegal of its rights under this clause shall not limit or affect any other rights or remedies available to it under the Contract or otherwise.
Limitation of liability
The Legal Service Provider shall indemnify Fixlegal against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by Fixlegal arising out of or in connection with any claim brought against Fixlegal arising out of, or in connection with, the receipt, use or onward supply of the Services provided to Fixlegal, any Introduced Customer, any introduction made under this Contract, or any legal work done or omitted to be done by the Legal Service Provider on or after an introduction. Fixlegal has no liability to either the Legal Service Provider or the Introduced Customer other than to provide a platform for the exchange of information, procurement of leads to the Legal Service Provider, and the procurement of quotations for legal work for the Introduced Customer. Accordingly Fixlegal shall have no liability to the Legal Service Provider for any acts or omissions of the Introduced Customer or Potential Introduced Customers, and shall have no liability to the Introduced Customer or any Potential Introduced Customers for any acts or omissions of the Legal Service Provider. This indemnity shall not be subject to any cap.
Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
death or personal injury caused by negligence;
fraud or fraudulent misrepresentation; and
breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
Subject to clauses 8.1, and 8.2 each party’s total liability to the other in any calendar year, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract shall not exceed 100% of the introduction fees paid to Fixlegal in that calendar year.
The following types of loss are wholly excluded:
Loss of use or corruption of software, data or information.
Loss of or damage to goodwill.
Indirect or consequential loss.
The Legal Service Provider may not benefit from the limitations and exclusions set out in this clause in respect of any liability arising from its deliberate default.
The rights of Fixlegal under the Contract are in addition to, and not exclusive of, any rights or remedies provided by common law.
During the term of the Contract and for a period of 6 years thereafter, the Legal Service Provider shall maintain in force, with a reputable insurance company, professional indemnity insurance and public liability insurance to cover the liabilities that may arise under or in connection with the Contract, and shall produce to Fixlegal on request both the insurance certificate giving details of cover and the receipt for the current year's premium in respect of each insurance.
Without affecting any other right or remedy available to it, Fixlegal may terminate the Contract with immediate effect by giving written notice to the Legal Service Provider if:
there is a change of control of the Legal Service Provider; or
the Legal Service Provider's financial position deteriorates to such an extent that in Fixlegal's opinion the Legal Service Provider's capability to adequately fulfil its obligations under the Contract has been placed in jeopardy; or
the Legal Service Provider commits a breach of clauses 3.2 or 3.3; or
Fixlegal is of the view that continued participation by the Legal Service Provider would be detrimental to Fixlegal, Introduced Customers or Potential Introduced Customers; or
There are reviews by customers of the Legal Service Provider that in the opinion of Fixlegal justify termination of this Agreement.
Without affecting any other right or remedy available to it, either party may terminate the Contract with immediate effect by giving written notice to the other party if:
the other party commits a material breach of any term of the Contract which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 30 days after being notified in writing to do so;
the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business; or
the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business.
Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination or expiry of the Contract shall remain in full force and effect.
Termination or expiry of the Contract shall not affect any of the rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry.
Scope and purpose of audit. The Legal Service Provider shall allow Fixlegal, and any auditors of or other advisers to Fixlegal, to access any of the Legal Service Provider’s Premises, Personnel, Facilities, and Records as may be reasonably required in order to fulfil any legally enforceable request by any Regulatory Body; check the accuracy of the Fees or identify suspected fraud; audit and take copies of records as necessary to verify compliance with the terms and conditions of this Contract; verify that the Legal Service Provider system protects the integrity, operational availability, confidentiality and security of the Customer's data; check that the Legal Service Provider has properly accounted to Fixlegal for all fees due under this Contract.
Notice of audit. Fixlegal shall provide at least 2 Business Days' notice of its intention to conduct an audit unless such audit is conducted in respect of a suspected fraud, in which event no notice is required.
Minimising disruption. Fixlegal shall use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Legal Service Provider, or delay the provision of the Services by the Legal Service Provider and that, where possible, individual audits are co-ordinated with each other to minimise any disruption.
Co-operation,access and assistance. Subject to Fixlegal’s confidentiality obligations, the Legal Service Provider shall provide Fixlegal (and its auditors and other advisers) with all reasonable co-operation, access and assistance in relation to each audit, and allow Fixlegal and any auditors or other advisers to meet with the Legal Service Provider's personnel and ensure that the Legal Service Provider's personnel provide all explanations reasonably necessary to perform the audit effectively.
Costs of the audit. The parties shall bear their own costs and expenses incurred in respect of compliance with their obligations under this audit clause unless the audit identifies a material default by the Legal Service Provider, in which case the Legal Service Provider shall reimburse Fixlegal for all its reasonable costs incurred in the course of the audit.
Both parties will comply with all applicable requirements of the Data Protection Legislation. This clause 12 is in addition to, and does not relieve, remove or replace, a party's obligations or rights under the Data Protection Legislation. In this clause 12, Applicable Laws means (for so long as and to the extent that they apply to the Legal Service Provider) the law of the European Union, the law of any member state of the European Union and/or Domestic UK Law; and Domestic UK Lawmeans the UK Data Protection Legislation and any other law that applies in the UK.
The parties acknowledge that for the purposes of the Data Protection Legislation, Fixlegal is the Controller and the Legal Service Provider is the Processor. Schedule 3 sets out the scope, nature and purpose of processing by the Legal Service Provider, the duration of the processing and the types of Personal Data and categories of Data Subject.
Without prejudice to the generality of clause 12.1, Fixlegal will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to the Legal Service Provider and/or lawful collection of the Personal Data by the Legal Service Provider on behalf of Fixlegal for the duration and purposes of this agreement.
Without prejudice to the generality of clause 12.1, the Legal Service Provider shall, in relation to any Personal Data processed in connection with the performance by the Legal Service Provider of its obligations under this agreement:
process that Personal Data only on the documented written instructions of Fixlegal which are set out in Schedule 3 unless the Legal Service Provider is required by Applicable Laws to otherwise process that Personal Data. Where the Legal Service Provider is relying on Applicable Laws as the basis for processing Personal Data, the Legal Service Provider shall promptly notify Fixlegal of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit the Legal Service Provider from so notifying Fixlegal;
ensure that it has in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);
ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential; and
not transfer any Personal Data outside of the European Economic Area unless Fixlegal has been notified and the following conditions are fulfilled:
Fixlegal or the Legal Service Provider has provided appropriate safeguards in relation to the transfer;
the data subject has enforceable rights and effective legal remedies;
the Legal Service Provider complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and
the Legal Service Provider addresses any concerns notified to it in advance by Fixlegal with respect to the processing of the Personal Data;
assist Fixlegal in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
notify Fixlegal without undue delay on becoming aware of a Personal Data Breach;
at the written direction of Fixlegal, delete or return Personal Data and copies thereof to Fixlegal on termination of the agreement unless required by Applicable Law to store the Personal Data; and
maintain complete and accurate records and information to demonstrate its compliance with this clause 12 and allow for audits by Fixlegal or Fixlegal's designated auditor and immediately inform Fixlegal if, in the opinion of the Legal Service Provider, an instruction infringes the Data Protection Legislation.
Force majeure. Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control. If the period of delay or non-performance continues for 8 weeks, the party not affected may terminate the Contract by giving 14 days' written notice to the affected party.
Subcontracting. The Legal Service Provider may not subcontract any or all of its rights or obligations under the Contract without the prior written consent of Fixlegal. If Fixlegal consents to any subcontracting by the Legal Service Provider, the Legal Service Provider shall remain responsible for all acts and omissions of its subcontractors as if they were its own.
Each party undertakes that it shall not at any time during the Contract, and for a period of five years after termination of the Contract, disclose to any person any confidential information concerning the business, affairs, customers, clients or Legal Service Providers of the other party or of any member of the Group to which the other party belongs, except as permitted by clause 12.3(b).
Each party may disclose the other party's confidential information:
to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the party's obligations under the Contract. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other party's confidential information comply with this clause 13.3; and
as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
Neither party shall use the other party's confidential information for any purpose other than to perform its obligations under the Contract.
Entire agreement. The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
Variation. No variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.
A failure or delay by a party to exercise any right or remedy provided under the 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 the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.
Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
Any notice or other communication given to a party under or in connection with the Contract shall be in writing and shall be:
delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or
sent by email to the address specified
Any notice or communication shall be deemed to have been received:
if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address; and
if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or at the time recorded by the delivery service; and
if sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause 12.8(b)(iii),business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.
This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
Third party rights.
The Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
The rights of the parties to rescind or vary the Contract are not subject to the consent of any other person
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.
Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.
The Legal Service Provider shall:
complete the Sign Up form on the website www.fixlegal.co.uk and provide all information requested then and thereafter as may from time to time be reasonably required by Fixlegal.
Ensure that only those business areas selected by the Legal Service Provider are chosen for communication from Fixlegal, and keep these updated not less than twice per annum.
Provide post-code details of all offices of the Legal Service Provider for the purposes of providing location information to Potential Introduced Customers.
Respond to all requests for quotes from Potential Introduced Customers in a timely manner and in any event within 48 hours of each request. Potential Introduced Customers respond well to swift responses and the Legal Service Provider shall use all reasonable endeavours to respond as quickly as possible.
Use all reasonable endeavours to obtain necessary information from Potential Introduced Customers in as brief a manner possible in order to offer them a fixed fee.
Review all information provided in connection with any case following its initial submission by logging in to the website and reviewing those cases where the Legal Service Provider has provided a quote or is looking to provide a quote for work.
Use all reasonable endeavours to provide a fixed fee quote for work and only use hourly rates as a last resort, and in such cases provide clear explanations of the stages involved and likely costs of all stages, and in connection with fixed fee quotes limit the use of conditions or assumptions the effect of which is, or may be, to minimise the value or effect of the fixed fee quote.
Use the website on an anonymised basis until a formal introduction is made on our website, and then make contact with the Introduced Customer as quickly as possible.
Not try and contact Potential Introduced Customers in any way other than by using our website and by using best endeavours to ensure that names of firms or individuals are not provided in the information given to Potential Introduced Customers.
Provide all services to Potential Introduced Customers and all Introduced Customers with utmost care and skill and in accordance with all requirements, guidance and recommendations of any regulator, trade association or trade body.
Handle all complaints and expressions of dissatisfaction from Potential Introduced Customers and all Introduced Customers, and respond quickly and fully to Potential Introduced Customers and all Introduced Customers in the event of a dispute or complaint, and respond immediately to Fixlegal in the event that disputes are escalated to Fixlegal, providing the information requested and such other relevant information as may be considered desirable or necessary.
Provide Fixlegal with updates as to progress of matters following a request from Fixlegal, and notify Fixlegal annually (at the end of each calendar year) of all repeat instructions, and all Repeat Services Fees due.
Charges for the services
As set out in the cover sheet
Fixlegal charges Introduced Customers directly at the point of introduction, however where this has not occurred Fixlegal will notify the Legal Service Provider of the amount of the fee due and the Legal Service Provider shall collect this from the Introduced Customer as agent of Fixlegal, and remit the same to Fixlegal.
Invoices for Repeat Services Fees will be submitted annually following notification by the Legal Service Provider at the end of each calendar year, detailing the Repeat Services Fees due.
Processing, Personal Data and Data Subjects
Processing by the Legal Service Provider:
Processing of personal data in order to supply the Services and provide quotations to Potential Introduced Customers.
Using Introduced Customer personal data to contact the Introduced Customer and provide legal services as quoted for on the Website.
Making and receiving telephone calls, related correspondence, note taking, assistance with contacting Introduced Customers and thereafter providing legal services (and in such capacity acting as Controller in its own right)
Purpose of processing
To contact Introduced Customers having provided quotations for Potential Introduced Customers.
Duration of the processing
Potential Introduced Customer data will be held on the Website and access provided to the Legal Service Provider for quotation purposes, albeit usually in anonymised form. Fixlegal will provide details of Introduced Customers at the point of introduction and will pass information and personal data to the Legal Service Provider in order for them to provide legal services directly to the Introduced Customers.
Types of Personal Data
Name, address, email address, telephone number, employment details, and any personal data disclosed by customers in order to obtain advice, including sensitive personal data.
Categories of Data Subject
Consumers and businesses using the Website in order to be introduced to legal service providers.
Legal service providers to whom an introduction is made or from whom quotes are sought.
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