TERMS & CONDITIONS
1. Application
1.1 It is a condition of our agreement that you are a “Consumer” as defined in Clause 3 below.
1.2 These Terms and Conditions apply to the supply of the services detailed in the overleaf in “Services” by BOND LANE RESEARCH LIMITED a company registered in the UK under number 06947619 whose registered office is at 61 Caerleon Road, Newport, Gwent, NP19 7BW (“Us/We/Our”) to you as a Consumer (“You”). No other terms and conditions will apply unless otherwise agreed in writing.
2. Information
2.1 We are required by the Regulations (as defined in Clause 3 below) to ensure that certain information is given or made available to You as a Consumer before you accept our Terms & Conditions except where that information is already apparent from the context of the transaction. We have included the information in these Terms and Conditions, and they are also available on our Website under Customer Information. In signing these Terms, you confirm that you have read and understood these Terms & Conditions and the Customer Information.
2.2 All of that required information, and any other information We give You about the Services or Ourselves which You take into account when deciding to accept this agreement or when making any other decision about the Services, will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.
3. Interpretation
3.1 “Consumer” means a consumer as defined in the Consumer Rights Act 2015. In relation to these Terms and Conditions, it means Our customer who is an individual and who receives the Services for the customer’s personal use and for purposes wholly or mainly outside the purposes of any Business.
3.2 “Business” means any business, trade, craft, or profession carried on by You or any other person/organisation.
3.3 “Regulations” means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
3.4 “business day” means any day other than a Saturday, Sunday or bank holiday.
3.5 Headings in these Terms and Conditions are for convenience only and will not affect their interpretation.
3.6 Words of the singular will include the plural and vice-versa.
4. Services
4.1 In return for our fees, we shall provide our services from the commencement date. These details are stated overleaf.
4.2 We shall use reasonable care, and skill and comply with any relevant codes of practice.in carrying out our Services to you.
5. Your Obligations
You agree to promptly provide copies or access to any information, material, consent or other reasonably required item so that we may provide the Services. We will not be liable to You for any delay or failure due to Your non-compliance with this Clause 5.
6. Fees
6.1 For Fixed fee or hourly rate services We shall invoice You for the Fees in advance for fixed fee products or when We complete the Services where services are provided at our hourly rate.
6.2 For Estate Claims You shall pay Us as our fees (“Fees”) being a sum equal to 25% of assets You are entitled to receive prior to any variation, surrender or other alteration.
6.3 No Fee will be payable by you if you are not entitled to a share of the asset matter or estate. Our Fees are paid from your share of the estate.
6.4 Our Fees include all costs in proving, gaining probate/ letters of administration.
6.5 Our Fees will NOT include estate administration, and any fees incurred in the legal administration of the aforementioned estate claim or any other third party costs, expenses or disbursements (including but not limited to Solicitors, Fund Managers, surveyor or other ) although these sums will be sought against the Estate.
6.6 Our Fees will NOT include any costs, charges, fees or disbursements which become payable if the estate or claim is contested whether the matter proceeds to ADR, arbitration, mediation or court. Where such a challenge occurs, we will pass the matter to solicitors.
6.7 Our Fees will NOT include any research costs which are reasonably required. Our research costs will be charged at £65.00 per hour.
6.8 All Non-Estate Claim research, requires a deposit of £650
7. Contract and Variation
7.1 Your acceptance of this agreement will be Your confirmation that You are a Consumer, and You may not be a party to this agreement if You are not a Consumer. Upon your signing this agreement (subject to your cancellation rights at clause 10), it will be Your and Our agreement to these Terms and Conditions, and there will be a legally binding contract between You and Us on those Terms and Conditions for Us to provide the Services for the agreed Fees.
7.2 You may validly accept our agreement by signing this agreement within 28 days from the date of your receipt but You may not do so if, before You have accepted it, We tell you in writing it that We wish to withdraw.
7.3 If You wish to vary any details of the Services, You must tell Us in writing as soon as possible. We shall tell you of any addition to the Fees that will be payable for the changes and will make the changes if We reasonably can do so. Only if You and We agree the changes and the addition (if any) to the Fees, will the Services be varied and We will then invoice You for the additional Fees (if any) agreed.
7.4 If at any time, due to circumstances beyond Our control, We have to make any changes in the Services or the arrangements relating to the provision of them, We shall tell You immediately. We shall make reasonable endeavours to keep any such changes to a minimum and will not increase the Fees, and We will try to ensure that the changes are not of any real significance to You. However, if the changes will be of real significance to You, You may cancel the Services as from the time that We tell You the changes will come into effect and You will not be liable for any Fees for any period after that time. We will not be liable to You if You cancel in those circumstances.
8. Payment
8.1 If You sign this agreement (see Clauses 7), We shall invoice You for the Fees either (a) as soon as the value of the Estate and the sum of our Fees becomes clear; or (b) when We complete the Services.
8.2 You irrevocably instruct the appropriate holder of the asset(s), Personal Representative, Executor/trix or custodian of the estate to pay our Fees directly and at the point of distribution and that they also provide Us with copies of the Estate Accounts as soon as reasonably Practicable. You agree to sign any form of authority required by this effect.
8.3 You agree to use your best endeavours to assist Us in any way that we request to secure the payment of our Fees.
8.4. If for any reason we do not receive our fees at the time required by sub-Clause 8.2, you agree to pay our Fees out of any balance that you have received from the estate, or that you would have received had no variation or alteration to your entitlement been made.
8.4 If We do not receive our fees at the time required by sub-Clause 8.2, We may, (without affecting our right to later terminate under sub- Clause 10.3.3) charge You interest accruing on a daily basis at the rate of 10% per annum above the Barclays base rate from time to time on the amount outstanding until We receive payment in full.
8.5 We will give You a receipt for any payment only if You ask Us for a receipt.
9. Sub-Contracting
9.1 We may sub-contract provision of any or all of the Services.
9.2 Where We sub-contract the provision of any or all of the Services, We shall ensure that any and all sub-contractors are reasonably skilled in the relevant practices. We may not pass on to You any additional charges We incur through the use of any sub-contractor/s.
10. Termination
10.1 If the contract we make with You is not made on Our premises, the Regulations give You the following cancellation rights, and those rights will be in addition to the rights You have under the law and the rights We have given to You under these Terms and Conditions:
10.1.1 You may for any reason cancel any of the Services during the 14 day period after You accept this agreement, but if you instruct Us to provide any services before the end of that 14 day period and We do so, You may not cancel the Services to be provided in that 14 day period, and You must pay for them as required by these Terms and Conditions. You may also during that 14 day period cancel any Services covered by this Agreement which are to be provided either (a) after the end of that 14 day period; or (b) during that 14 day period if they are Services which You have not expressly requested Us to provide in that 14 day period.
10.1.2 If all of the Services have been fully provided within that 14 day period, You will lose the right to cancel those Services.
10.1.3 If, as allowed by the Regulations (and this sub-Clause 10.1), You request that the Services to be provided are to be cancelled by You, You must confirm this in any way convenient to You.
10.1.4 If You cancel subject to the above, and You have already made any payment(s) to us for the Services, We will refund the payment(s) to You within 14 days of receiving Your cancellation less any amount due for those Services that We have already provided to You, and You will not have any liability to Us in relation to that cancellation except to pay for them as set out in sub-Clause 10.1.1.
10.3 We may terminate provision of the Services and the contract immediately, and sub-Clause 10.4 will then apply, if:
10.3.1 You commit a serious breach of Your obligations under these Terms and Conditions; or
10.3.2 You are or become the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtors; or
10.3.3 You do not pay Us all or any Fees or other amounts payable on time (even if We have previously charged You interest under sub-Clause 8) and We have given You at least 14 days prior notice of our intention to terminate; or
10.3.4 We find that you are not a Consumer.
10.4 On termination under any of sub-Clauses 10.2.2, 10.2.3, or 10.3, our total Fees will be payable by You as if we had been permitted to complete our service provision and you had received the full benefit.
11. Intellectual Property
We reserve all copyright and any other intellectual property rights (if any) which may subsist in anything We create, use, or provide in connection with provision of the Services. We reserve the right to
take any action as appropriate to restrain or prevent the infringement of such intellectual property rights.
12. Liability and Consumer Rights
12.1 We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when Our contract with You is created. We will not be responsible for any loss or damage that is not foreseeable.
12.2 We provide Services to You only for Your personal and private use/purposes. We make no warranty or representation that products, or other goods or materials that We provide to You are fit for commercial, business, industrial, trade, craft or professional purposes of any kind (including resale). We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
12.3 Nothing in these Terms and Conditions is intended to or will exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub- contractors) or for fraud or fraudulent misrepresentation.
12.4 Furthermore, If you are a Consumer, either as defined by the Consumer Rights Act 2015 or for the purposes of any other consumer protection legislation, nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of Our duties or obligations to You, or Your rights or remedies, or Our liability to You, under the Consumer Rights Act 2015, the Regulations, or any other applicable consumer protection legislation, as that legislation is amended from time to time. All such duties, obligations, rights, remedies and liabilities under such legislation are in addition to those under these Terms and Conditions.
12.5 For more details of Your legal rights please refer to Your local Citizens Advice Bureau or Trading Standards Office.
- 13. Force Majeure
Neither We nor You (“first party”) will be liable to the other for any failure or delay in performing obligations where the failure or delay is due to a cause beyond the first party’s reasonable control (“Force Majeure”). In that case the failure or delay will not be a failure or delay contrary to these Terms and Conditions or the quotation.
14. Communications & Data Protection
14.1 All notices or other communications from You or Us under these Terms and Conditions must be in writing.
14.2 A notice will be valid and effective if sent by email or pre-paid post to the email address or postal address of, as the case may be, You or Us, which is stated in the quotation.
14.3 We will deal with your information in accordance with our legal obligations under the Data Protection Act 2011. You agree to us retaining copies of all documents at our absolute discretion. You agree to accept information from us regarding our services unless your instruct us otherwise. At no time will your data be passed to any third party marketing organisation.
15. No Waiver
No failure or delay by Us or You in exercising any rights under these Terms and Conditions means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of these Terms and Conditions means that We or You will waive any subsequent breach of the same or any other provision.
16. Severance
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.
17. Complaints
Whilst We use all reasonable endeavours to ensure that Your experience as Our customer is positive, We want to hear from You if You have any complaint about Our Services or any other complaint about Us or any of Our staff. Please raise any complaint with Our Mr Phillip Jennings contactable at Our premises or by telephoning 01633 669399.
18. Law and Jurisdiction
18.1 These Terms and Conditions and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with English Law.
18.2 Any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by Your residency.
18.3 You confirm that you have read and understood the above Terms & Conditions set out above and would like us to proceed on these Terms & Conditions in signing the agreement overleaf.
