TERMS OF BUSINESS
1. INTRODUCTION
1.1. In these Terms of Business, “we”, “us” and “our” refer to PMC People Support Ltd, a company with registration number 14536522 whose registered office is 124 City Road, London, EC1V 2NX. We are not a law firm but our director, Paul Coulson, is a solicitor regulated by the Solicitors Regulation Authority (“SRA”) with SRA number 194210.
1.2. These terms of business are the starting point of the legal basis of our relationship but we may amend or supplement them from time-to-time by giving you notice in writing.
2. BASIS OF ADVICE
2.1. We will agree the scope and objectives of your instructions at the outset of any matter and will agree any changes as the matter progresses. We will proceed on the basis of the instructions you give us and we will provide support, advice and guidance on the basis of that information so we rely on you to please let us know as soon as possible if anything occurs which renders any information previously given to us incorrect, inaccurate or incomplete.
2.2. Advice given by us is provided for your benefit only and based on the instructions received. It may not be used or relied upon for any other purpose or by any person other than you without our prior written consent.
3. FEES
3.1. Prior to undertaking any work on your matter, we will usually agree in writing with you the fees, and/or the basis on which our fees will be calculated. Our fees will be fair and reasonable having regard to all the circumstances and will be as flexible as is commercially sensible in our approach to fees. All fees are exclusive of VAT. If we haven’t agreed fees, then our standard pay-as-you-go rate will apply as set out here.
3.2. You will be required to reimburse such disbursements and expenses as we consider necessary to comply with your instructions. Disbursements and expenses are charged at cost. We reserve the right to charge you for:
3.2.1. Expenses of travel, accommodation and meals when travelling away from the office in fulfilling your instructions;
3.2.2. Late night transport home or the cost of overnight accommodation where the work necessary to fulfil your instructions must necessarily be undertaken after 21:00;
3.2.3. Photocopying and scanning expenses incurred on your behalf;
3.2.4. Travel by car – 45p per mile;
3.2.5. Taxis and other public transport.
4. INVOICES
4.1. In accordance with these Terms of Business, invoices will be raised in accordance with the timings agreed with you, which may include interim invoicing for ongoing matters. Invoices will generally be sent by email and are due for payment by direct bank transfer within 14 days of delivery. Our bills will also, where appropriate, add a sum for VAT. We reserve the right to charge interest on any sum which remains outstanding for more than 14 days after delivery of the bill at the rate then payable in accordance with the Late Payment of Commercial Debts Regulations 2013, together with fixed sums and recovery costs as permitted by the Regulations, whether or not those Regulations would otherwise apply. If a bill remains unpaid for more than 28 days, we may decline to act any further.
5. TERMINATION
5.1. You may terminate our instructions at any time by giving us written notice. In some circumstances, for good reason, we may decide to cease acting for you. Examples of circumstances where we might so decide include a failure on your part to provide us with adequate instructions or when we find ourselves unable to comply with your instructions or when our invoice remains unpaid outside an agreed payment timetable. We will give you reasonable prior written notice if we decide for whatever reason that we are no longer willing or able to act for you. In circumstances where our instructions are terminated or we cease to act for you, we will be entitled to receive payment for our reasonable charges.
6. DATA PROTECTION
6.1. Your privacy is important to us and we are committed to protecting and safeguarding your data privacy rights. The General Data Protection Regulation requires us to inform you that we hold personal data which you provide on our database. The term “Personal Data” means any information relating to an individual and allows us to identify an individual, either directly or in combination with other information we hold. This may include for example your name, your contact details and information relating to the legal services we provide to you. We may hold information from the communications you exchange with us (such as your emails, letters or calls). The Data Controller is PMC People Support Ltd and our Privacy Officer is Paul Coulson (paul.coulson@pmcpeoplesupport.co.uk).
7. COMPLAINTS
7.1. We aim to provide you with the best support possible. However, please raise any concerns with us as soon as possible in order that we can remedy any issues straight away. If we are unable to remedy your concerns informally, please write to Paul Coulson (paul.coulson@pmcpeoplesupport.co.uk) and a formal review will be undertaken.
7.2. Although we are not a law firm, our director, Paul Coulson, is a solicitor and is bound by the rules of the SRA which regulates solicitors and issues the principles against which all solicitors in England and Wales must conduct themselves. These principles or rules are known as the SRA Code of Conduct and a copy can be found at https://www.sra.org.uk/solicitors/standards-regulations/code-conduct-firms/. If you are not satisfied with our handling of the matter, you may ask the Legal Ombudsman to consider the complaint if you are eligible under the Legal Ombudsman scheme (https://www.legalombudsman.org.uk/).
8. LIABILITY
8.1. Our liability to you under these Terms of Business or any individual matter is limited to losses, damages, costs and expenses (“Losses”) caused by our negligence or wilful default. We will not be liable if such losses are due to the acts or omissions of any other person or due to the provision of incomplete, misleading or false information.
8.2. The aggregate liability, whether to you or any third party and whether in contract, tort or otherwise, of PMC People Support Ltd, its directors, employees and agents for any Losses in any way connected with any of the services provided to you under the terms of our relationship (including interest) shall not exceed two million pounds sterling (£2,000,000). Any director, employee or agent of PMC People Support Ltd may rely upon and enforce this limitation in that person’s own name for the person’s own benefit. 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.
8.3. Nothing in our Terms of Business shall be construed as purporting to exclude or restrict any liability arising from fraud or dishonesty or reckless disregard of our professional obligations or liabilities which cannot be limited or excluded by law or excludes, as opposed to limits, our liability for negligence. In particular, we cannot limit our liability for death or personal injury caused by our negligence.
8.4. You acknowledge that we are a limited liability company and that there is no contract between you and any of our individual employees or directors. Any advice given to you by an employee or a director is given by that person on behalf of us and that person does not assume any personal responsibility to you for that advice.
9. JURISDICTION
9.1. Our Terms of Business shall be construed in accordance with the law of England and Wales and the parties submit to the exclusive jurisdiction of the English Courts.