1 Interpretation
In this Agreement:-
1.1 “Agreement”
means these terms and conditions;
1.2 “we, us, our”
means Bankruptcy Explained, a company whose principal place of business is at second floor, 145-157 St John Street,
London, EC1V 4PY
1.3 “Client”
means the person to whom we have agreed to provide any Services;
1.4 “Intellectual Property Rights”
means the any of the trade marks, patents, designs, copyright material, logos & domain names in any of our literature or
advertising materials;
1.5 “Services”
means the services to be performed by us in respect of the Agreement; by using our services you are agreeing to our
standard terms and conditions of business.
1.6 “The Firm”
Means Bankruptcy Explained or any group or subsidiary company or adopted or trading name used by either or any of
these companies in order to perform the Services
2 The Agreement
2.1 By requesting any Services from us, the Client will be deemed to have accepted the terms and conditions of this
Agreement, which will govern the provision of our Services to the exclusion of any other terms and conditions.
3 Obligations of the Firm
3.1 Our consultants are highly trained and aim to handle every case as promptly as possible.
3.2 It is the Firm’s responsibility to: (a) practise competently, conscientiously and objectively, putting the interests of Clients
foremost while observing the law and the Firm’s duty to any Court or Tribunal; and (b) avoid any conflict of interest.
4 Our Liability
4.1 We recognise our Client’s statutory rights but shall not be liable for any loss or damage of any description whatsoever
arising from the failure or delay caused by any third party. In any event our liability shall be limited to the amount of our
fees received by us in respect of any individual instruction from which such liability may arise. We shall not be liable for
any loss or damage whatsoever that the Client may suffer as a result of our being unable to fulfil any of our obligations
herein due to the occurrence of an event of Force Majeure as hereinafter described. We will not be held liable for any
effect that the bankruptcy has upon the client within their country of residence; either in way of credit history or impact
upon assets held by the client.
5 Instructions
5.1 It is important that we are able to identify who is formally our Client. We shall be entitled to assume, unless otherwise
instructed in writing, that the person providing us with the initial instructions in relation to a matter is our Client and who
will therefore be responsible for settlement of all our invoices and for reimbursement of all our costs and expenses
incurred in carrying out their instructions.
5.2 If the Client wishes us to render invoices to and accept payment from another entity (for example, a friend or relative)
then we may be willing to do this; however, responsibility for making such payment remains with our Client.
5.3 We are under a professional and legal obligation to keep our Client’s affairs confidential. However, this obligation is
subject to one statutory exception; in the unlikely event of a Client supplying information which makes us suspect that he
or she may be involved in money laundering we may be required to make a money laundering disclosure to the Serious
and Organised Crime Agency. In such unlikely event we would breach our duty of confidentiality.
5.4 The Client accepts our right to assert ownership of the Intellectual Property Rights.
5.5 Where a Client’s difficulties are “time critical” we rely on the Client to give us timely instructions. We accept no liability if
the Client does not provide clear and complete instructions early enough for us to act within those time limits. We will
normally advise Clients of time limits and of actions or instructions that are required, but we do not undertake to give
reminders. If we receive late instructions, we may not be able to implement them in time. In the event of late instructions
or late payment to us, urgency charges may be incurred which will be passed on to you.
5.6 Oral instructions will be acted upon and the client may be requested to confirm an instruction in writing. We accept no
liability for any misunderstandings or misinterpretation of oral instructions, whether on our part or that of the Client, arising
as a result of the Client’s failure to comply with this Clause 5.6.
5.7 The Client undertakes promptly to provide us with all information, assistance and materials that we may request from time
to time to facilitate our proper and timely performance of the Services. The Client warrants that all information provided to
us will be complete and accurate and that it is entitled to provide the same to us for use in providing the Services without
recourse to any third party. The Client also authorises us to complete and sign in the name of the Client such
documentation as is necessary or desirable to carry out the lawful instructions of the Client, and will on request, provide in
a timely manner, any requisite signed form(s) of authorisation. Furthermore, the Client will indemnify us in respect of all
costs, claims, demands and expenses that may result from exercise of the authority given by this clause.
5.8 It is important that you inform us promptly of any change of address, telephone and fax numbers. No responsibility can be
accepted for any loss in any case where you have failed to inform us of such changes.
5.9 We will normally communicate with you by telephone, mail or fax; however, we may communicate with you by e-mail
either in response to electronic communication from you or with your prior agreement. We are aware that e-mails sent
over the Internet may lack security and jeopardise confidentiality. We can accept no liability for non-receipt or late receipt
by you, of such communications, or for any corruption in the information communicated to you, or its disclosure to other
parties, as a result of the interception of such communication.
5.10 Although we regularly carry out virus checks, we advise you to carry out your own virus checks on any communications
(whether in the form of computer disc, e-mail, Internet or otherwise). We accept no liability (including in negligence) for
any viruses that may enter your system or data by these or any other means.
6 Charges
6.1 It is our usual practice to estimate our fees for a matter in advance. We operate a transparent fee structure.
6.2 Our fees do not include any Court Fees. The standard individual County Court fee is currently £510 (or £360 if in receipt
of certain benefits) but may be changed at any time by the County Court.
6.3 Our fees for the Services will be based on the time we spend working on the Services and also as a percentage of the
quantum of debt that we are helping you with. The time element of our fees will be determined by all the circumstances of
the case, including not merely time spent, but also the complexity, difficulty and urgency of the matter and the skill and
responsibility involved. Our hourly rates are primarily based on the seniority and experience of the professional staff
involved.
6.4 Whilst our fixed charges and hourly rates are predictable, you should appreciate that sometimes if applicable local
representatives’ charges and official fees are outside our control since they may be changed without notice.
6.5 Expenses and disbursements such as postage and packaging, courier costs, telephone call charges, faxes, photocopying
and the charges (if any) paid or to be paid by us to third parties on your behalf will be included with the fee quoted.
6.6 Except for minor items we shall normally discuss expenses and disbursements with the Client as they arise.
6.7 If for any reason we do not complete a matter, we will nonetheless charge the Client fees, expenses and disbursements
in respect of the Services that have already been carried out.
6.8 If at any stage the Client is concerned about the level of our fees, the Client should speak to the consultant who has
overall supervision of the matter.
6.9 We will not increase our fees once quoted, unless the client has not divulged information which directly affects the
amount of work we have to carry out. In this case we reserve the right to increase fees to reflect the increased workload.
6.10 All sums referred to in this Agreement will be payable in full without deduction, withholding or set-off, unless specifically
agreed in writing with the individual advisor.
6.11 If the Client cancels or amends any instructions after we have started work the Client will reimburse us for all costs,
expenses, charges and losses incurred by us as a result of such cancellation or amendment, including without limitation
any costs, expenses or charges arising from the cancellation or amendment of any contracts we have entered into and/or
instructions we have given to third parties for the purpose of performing our Services for the Client.
6.12 In relation to postage fees our standard fee includes the cost of sending documentation (such as the bankruptcy petition)
to the client (s) at their listed address. In the event of an error created by our company in relation to incorrect preparation
of documents we will absorb the additional/second cost of postage within our standard fee. In the event of the client
incorrectly signing, defacing, losing or damaging the documents sent, the Client will be responsible for the additional and
secondary postage costs and we reserve the right to deduct this cost from any money held on behalf of the client.
7 Invoicing and Payment
7.1 We reserve the right to request a reasonable sum by way of payment on account before we commence our Services, or
at any time during the provision of the Services. When we make such a request, in general we will not carry out any
instructed work until the requested payment has cleared into our bank account.
7.2 All sums payable hereunder will be invoiced and paid in pounds sterling unless alternative arrangements have been
agreed. All invoices shall be paid by the Client on receipt.
7.3 If the Client is overdue with any payment hereunder, then without prejudice to our other rights or remedies:
7.3.1 the Client will be liable to pay interest on the overdue amount in accordance with the terms of the prevailing UK
Legislation (currently The Late Payment of Commercial Debts (Interest) Act 1998). Where this Act does not apply, interest
will be calculated at 8% above the Bank of England Base Rate. This charge will not be incurred if the invoice is settled in
full, within 30 days of the invoice date (or 60 days in the case of a Client based outside the European Economic Area);
and
7.3.2 we reserve the right to recover costs and fees (including legal fees on an indemnity basis) incurred through seeking to
recover the same; and
7.3.3 in the event of non-payment we reserve the right to suspend or refrain from taking action on behalf of the Client.
7.4 Any suspension of the Services by us pursuant to Clause 7.3.3, or any cancellation or amendment by the Client of
instructions previously given, does not prejudice our right to invoice, and be paid, for Services we have performed and
expenses and disbursements we have incurred (or to which we have become committed) prior to the date of suspension,
cancellation or amendment.
8 Files
8.1 Upon entering into this Agreement a file will be opened by us for the purpose of providing the Services to you.
8.2 Our files and all papers relating to the Services we perform for you shall be, and will remain, both during and after the
term of this Agreement, our property in accordance with recommended practice and protected under the relevant Data
Protection Laws.
8.3 If you send us original papers, documents or other materials, please tell us at the same time if you require them to be
returned. Otherwise, we will incorporate them into our files.
8.4 We will retain our Files (in paper or microfiche or electronic format) for such period as we consider appropriate. Generally,
this will be at least 6 years from commencement of the matter to which the File(s) relate. Thereafter we will be entitled to
arrange for confidential destruction of all Files.
8.5 We reserve the right to make a charge for withdrawing from storage, at your request, a File in respect of a completed
matter.
9 Indemnity
9.1 The Client hereby agrees to indemnify us in the event of any claim being made against us of whatever nature as a result
of incorrect or misleading information supplied to us by the Client.
10 Termination
10.1 Either party may terminate this Agreement immediately upon written notice to the other in the event of:
10.1.1 any material breach of this Agreement by the other party, which breach is not remedied (if remediable) within 30 days
after the receipt by the party in default of a written notice specifying the nature of the breach and requiring the same to be
remedied.
10.2 The termination of this Agreement will be without prejudice to the rights of either party in respect of any antecedent
breach and in particular the Client will remain liable to us for all fees, expenses and disbursements due in respect of
Services performed up to the effective date of termination.
11 Force Majeure
11.1 We will not be liable for any delay in performing or failure to perform our Services to the extent that such delay or failure
results from any cause or circumstance beyond our reasonable control (an “event of force majeure”). If any event of force
majeure occurs, the date(s) for performance of our Services will be postponed for as long as is made necessary by the
event of force majeure. If any event of force majeure continues for a period of or exceeding 60 days either party may
cancel the affected Services immediately on written notice to the other party. An “event of force majeure” includes but is
not limited to legislative and regulatory acts of government, armed conflict, civil insurrection, strike, lock out, computer
failure, failure of power supplies, earthquake, typhoon, tidal wave and Acts of God.
12 Notices
12.1 All notices and other communications required or permitted to be served or given hereunder shall be in writing and
delivered by hand or sent by first class registered post or courier to the intended recipient’s last know address to the Firm.
13 General
13.1 The invalidity or unenforceability of any term or right arising pursuant to this Agreement will not adversely affect the
validity or enforceability of the remaining terms and rights.
13.2 This Agreement constitutes the entire agreement and understanding between the parties with respect to its subject matter
and supersedes any prior agreement, understanding or arrangement between the parties, whether oral or in writing, with
respect to the same. No representation, undertaking or promise shall be taken to have been given or be implied from
anything said or written in communications between the parties prior to the date of this Agreement except as set out in
this Agreement. Neither party will have any remedy in respect of any untrue statement made to it upon which it has relied
in entering into this Agreement (unless such untrue statement was made fraudulently) and that party’s only remedies will
be for breach of contract as provided in this Agreement.
13.2a By using our company services you agree that any example paperwork or guidance information shall not be reproduced
for the use of another person. In the event of our company finding that our paperwork has been reproduced for the benefit
of a person that is not a client to our company we will take legal action against said client to recover loss of fees.
13.3 A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to
enforce any term of this Agreement.
13.4 If a conflict of interest exists between the Client’s instructions and those of any other Client for whom we are acting, or
arises during the term of this Agreement, we reserve the right to ask the Client to seek advice elsewhere. Assistance in
finding a suitable alternative representative is available on request.
13.5 The failure of either party to enforce or to exercise at any time or for any period of time any term of or any right pursuant
to this Agreement does not constitute, and shall not be construed as, a waiver of such term or right and shall in no way
affect that party’s right later to enforce or to exercise it.
13.6 In the event of a payment order being applied by the Insolvency Service when dealing with a clients bankruptcy we will
not be held liable or responsible under any circumstances
14 Alterations
14.1 No amendment or variation to this Agreement will be valid unless agreed in writing by one of our partners.
15 Complaints
15.1 We value our good relationships with our Clients. However, we accept that from time to time, difficulties and
misunderstandings do arise. If you have any problems, you should feel free to discuss your concerns with the member of
our professional staff responsible for handling your work. If, after such discussions, you feel that the matter has not been
adequately dealt with, the matter will be considered by a consultant unconnected with your matter. If we cannot resolve
the situation, we will supply, on request, details of our further Complaint Handling Procedure.
16 Proper Law and Jurisdiction
16.1 The construction, validity and performance of this Agreement will be governed by the laws of England and Wales and the
parties submit to the exclusive jurisdiction of the courts of England and Wales to resolve any dispute arising between
them.
17
The Financial Services (Distance Marketing) Regulations Act 2004
17.1 Due to the nature of our business we do not generally meet clients on a face-to-face basis. For this reason our services
are governed by the Financial Services (Distance Marketing) Regulations Act 2004.
17.2 For this reason we aim to provide each client with clear pre-contract information confirming the services that will be
supplied to said client including the cost of our service.
17.3 Under the terms of the Financial Services (Distance Marketing) Regulations Act 2004 a consumer has the right to cancel
the contract that they have entered into with our company.
17.4 The period of cancellation is set at 14 calender days from the point that the initial payment is received by us from the
client.
17.5 Any fee that has been paid to our company will be refunded less any charge for any service already provided to the client
by our company.
17.6
Cancellation of service must be made in writing by the client to our company. This can take the form of electronic mail (an
email) due to the fact that our clients are based some distance from our location. Cancellation of the service can also be
made by facsimile (by fax) to the number shown on our company website.
Version March 2010
