We are pleased that you have chosen us as your legal advisers. We are committed to providing our clients with high professional service and by instructing us, you agree that our Standard Terms will apply to all your matters (except to the extent we inform you that different terms apply). Access our Standard Terms.
We will hold any funds you pay us in accordance with the Law and the SRA’s Code of Conduct that apply to us. Any funds paid to us on account of fees, costs and expenses will be held by us on your behalf.
We are required to account to you for interest on money held by us in our client bank account when it is fair and reasonable to do so. The rates of interest paid is unlikely to be as high as those which could have been obtained by yourself. Notwithstanding this, under the terms of our Interest Policy, Cubism Law will not pay interest if the amount calculated is less than £50.
Any monies we hold for you or on your behalf are held in a UK bank account at your own risk. We will not be liable to repay any monies that we hold for you which are lost as a result of failure of the bank. If any such client bank account fails you may be eligible for compensation through the Financial Services Compensation Scheme (FSCS). To be eligible you must be an individual or a small company.
The maximum amount the FSCS can pay out in compensation is £85,000. This limit applies to you as an individual in total and includes any personal monies you may hold separately at the same bank. Further information can be found on the Financial Conduct Authority’s website at http://www.fca.org.uk/
Email and other communications
Unless you tell us otherwise you agree to us communicating with you, including sending confidential information by normal, unencrypted email using the email address you have given to us. By using email you must accept the associated risks as emails may be intercepted, delayed, corrupted or fail to be delivered. They may also be improperly accessed on your computer or our computer or even on another computer unconnected to either of us through which email passes.
At Cubism Law we have taken the steps we believe to be reasonable to ensure our information and communication systems are secure and safe from attack. However we cannot accept liability for any inadvertent breach of confidence or privilege, or for any loss or damage that occurs, as a result communication by email.
Sometimes spam, virus filters and security arrangements may reject legitimate emails. You should therefore follow up important emails by telephone, to confirm receipt.
Limitations on our liability
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 profits or opportunities. Irrespective of the legal grounds on which any claim against us is made, our liability to you shall always be limited to £3,000,000 (or such other amount as has been expressly agreed in writing between us) for all claims and losses.
We shall not be liable to you in the event that any failure to provide our services to you has been caused by matters beyond our control.
If we recommend the services of anyone to you such as accountants, surveyors, HR professionals, trade mark and patent agents, insurance brokers, financial advisers, foreign lawyers or anyone else, we shall do so in good faith and shall incur no liability to you in that regard. You agree that you will undertake your own due diligence on the qualifications, expertise, reputation and testimonials of the person in question before using their services and that it is your decision to use them and you do so relying solely on your own assessment of their suitability.
We are committed to providing high quality legal advice and client care. If you are unhappy about any aspect of the service you receive, please contact David Sedgwick by telephone on 020 7831 0101 or email firstname.lastname@example.org or by letter to Cubism Law, 1 Plough Place, London, EC4A 1DE. It is our policy to investigate concerns thoroughly and promptly. A copy of our complaints policy is available on request.
We use the information you provide primarily for the provision of legal services to you and for related purposes including maintaining client records, legal and regulatory compliance including identifying and avoiding conflicts of interests, preparing and sending marketing information about our activities and as otherwise permitted by law. Any personal data we receive from you will be processed in accordance with the UK’s data protection legislation, our duty of confidentiality or with your consent.
In instructing us, you consent to us retaining such data for longer than the five year statutory period, unless you tell us otherwise.
Please note that our work for you may require us to disclose information to third parties such as HMRC (in relation to your FATCA status, GIIN, payments made to you and other issues), expert witnesses and other professional advisers.
Governing law and jurisdiction
The Law of England and Wales governs all the agreements and arrangements between us relating to our services. You agree to submit to the exclusive jurisdiction of the Courts of England and Wales in the event of any dispute, claim or difference. This includes any dispute or claim or any difference of any kind whatsoever arising out of or in connection with the agreements and arrangements or their subject matter or existence or termination.