1. Introduction
It is essential that you understand how your matter will be managed. This document outlines the company’s Terms and Conditions of Business. Please read it carefully, along with the Client Care Letter. Keep both documents for future reference, as they explain the terms under which the company and your Advisor will act for you. They also form the basis of our agreement with you. This document covers the various ways our fees are calculated, as well as other important financial information and conditions. It also outlines your right to challenge our fees and the steps to take if you wish to make a complaint.
2. Glossary and Definitions
3. Application and Prevailing Terms
These Terms and Conditions replace any earlier Terms and Conditions we may have agreed with you. If there is a conflict between these Terms and any specific terms agreed in relation to a particular matter (for example, terms in the Client Care Letter or subsequent written agreements), the specific terms in the Client Care Letter and any other written agreements will take priority.
These Terms may be updated from time to time. If we make changes, we will notify you, and unless we hear from you within 14 days, the amendments will take effect after that period.
4. Explanation of Terms
If you are unclear about the nature or extent of your or our obligations under these Terms, or if you need further clarification, please contact the person handling your matter.
5. Acceptance of the Terms and Conditions of Business
By continuing to instruct us, you accept these Terms and Conditions of Business. Our policy requires us to receive acceptance of these Terms before we can begin work on your matter. By accepting, you confirm that you have read, understood, and agreed to these Terms and the Client Care Letter, except where they have been amended in writing with our agreement.
6. Regulation
Nirvana Legal Limited is a company registered in England and Wales with company number 16064000. Our registered office is at 424 Margate Road, Ramsgate, Kent, England, CT12 6SJ.
7. Authority to Give Instructions
We can only accept instructions from our clients. If we are instructed by more than one person or entity, the Legal Advisor in charge of your matter may accept instructions from any party. In some cases, we may require a signed guarantee from all relevant members to allow one client to provide instructions on behalf of a company or partnership. If only one party signs, we cannot accept instructions from other parties without authorisation. For third-party instructions, written authorisation from the client is required.
8. Money Laundering, Proceeds of Crime and Combating the Financing of Terrorism
By law, we must verify the identity of our clients, related parties, and any third parties involved in your matter. This is to prevent money laundering. We may also need to verify the source of your funds.
To comply with these requirements, we use secure digital identity verification services such as Legl. These services ensure your personal information is securely processed and stored. You will be sent a link to start the onboarding process, and verification will occur via their portal. You will receive confirmation once the process is complete.
If you are instructing us on behalf of a company or limited liability partnership, we may also require identification of other members.
If you are unable to meet the identification requirements, please inform your Advisor as soon as possible, as we may not be able to proceed without it.
If we suspect a transaction involves money laundering or terrorist financing, we have a duty to report it to the National Crime Agency (NCA). This may result in a suspension or termination of our work, and we may not be able to notify you of this.
9. Duty of Care
Our services are provided solely for the benefit of you, our client. These Terms are enforceable only by you and us, and not by any third party, unless that third party is also a client of Nirvana Legal in relation to the same matter.
10. Personnel
The Client Care Letter will inform you of the person responsible for your matter on a day-to-day basis and who has overall responsibility for your matter. While the person responsible may delegate tasks to others within their team, they will retain overall responsibility.
If there are any changes to the team handling your matter, we will notify you promptly.
11. Hours of Business
Our office hours are from 09:00 to 17:00, Monday to Friday.
12. Service Standards
We aim to keep you informed about the progress of your matter and explain the legal work required. We will provide written confirmation of your instructions and our advice at the outset, along with an explanation of the steps to be taken and the issues involved. We aim to communicate in plain language.
Where appropriate, we will provide updates on the likely costs and timescales involved, and any significant changes to these estimates.
We encourage communication via email and aim to respond to calls and emails within 24 hours, although this may not always be possible due to workload.
We will contact you when necessary to provide updates on your matter but will not contact you unless there is something to report. Similarly, we require you to provide us with clear, timely instructions and relevant documentation to ensure your matter progresses efficiently.
13. Complaints
We are committed to providing high-quality advice and client care. If you have any concerns or wish to make a complaint, please contact the person handling your matter in the first instance. If this is not appropriate or your concern is not resolved, please contact the person with overall responsibility for your matter, or our Compliance Officer, Sarah Buckley, at info@nirvanalegal.co.uk.
We aim to resolve your complaint and will send you a copy of our Complaints Handling Procedure. We have 10 weeks to try to resolve your complaint. If you remain dissatisfied, you may contact the Legal Ombudsman at PO Box 6806, Wolverhampton, WV1 9WJ, or on 0300 555 0333, or via email at enquiries@legalombudsman.org.uk.
You must raise a complaint with the Legal Ombudsman within 6 months of receiving our final response or within 6 years of the act or omission being complained about. After this period, the Legal Ombudsman may not be able to investigate the complaint. For more information, visit www.legalombudsman.org.uk.
14. Conflicts
We have procedures in place to avoid conflicts of interest. If you become aware of any potential conflict, please inform us immediately. If a conflict arises, we will assess whether we can continue acting for both parties or whether written consent is needed to proceed.
15. Communication
Telephone calls and emails may be monitored or recorded for the following purposes:
All of our employees have individual email addresses. Unless otherwise instructed by you, we may communicate with you via email. Both parties accept the risks associated with using email, including the risks of viruses, interception, and unauthorised access.
We agree to use reasonable measures to check for common viruses in electronically sent and received information, but we acknowledge that such checks cannot guarantee virus-free transmissions.
If you prefer not to receive confidential information by email, please inform us in writing.
16. Outsourcing & Audit
Nirvana Legal outsources certain services. For example, we have an agreement with Spurling Cannon Ltd for the handling of company tax returns and related services.
As a provider of high-quality legal services, we may be subject to audits, which could include granting auditors access to personal data. In such cases, auditors are required to maintain confidentiality.
17. File Retention and Retrieval
Once work on your matter is complete, we are entitled to retain all papers and documents relating to your case until any outstanding payments, including disbursements or expenses, are settled.
We typically store files for a minimum of seven years from the date of the final invoice, unless you request the return of certain documents. Unless we hear otherwise, we understand that we are authorised to destroy files after this period. Files that are stored for safe-keeping or involve certain legal matters may be kept indefinitely.
If you require us to retrieve a file from storage or send documents to you or a third party, we may charge for this service to cover the time spent retrieving the file, as well as any postage and photocopying costs incurred. Additional charges may apply if your request involves further work, such as reviewing or corresponding. We generally do not charge for retrieving files related to ongoing or new matters.
If you request that documents be sent to you by post, we require you to pay any postage costs in advance. We will not release files to third parties without your written consent. Any third party collecting your file must provide photo identification, a copy of which will be retained for our records. A signed “Form of Authority” is required for the release of files to another legal service provider.
18. Data Protection and Confidentiality
All information provided by you will generally be treated as confidential unless we are required to disclose it based on your instructions, court order, legal obligations, or other statutory exceptions.
We store your personal information in compliance with the Data Protection Act 2018, the General Data Protection Regulation (GDPR), and other applicable data protection laws. We use the information to provide legal services and manage our practice, including updating and improving client records. Our use of your data is governed by your instructions, data protection laws, and our Privacy Statement. You have the right to access the information we hold about you.
For more information on how we handle your personal data and your rights, please refer to our Data Privacy Statement.
It may be necessary to share personal information with third parties, such as experts or barristers, to ensure the successful completion of your matter. Our company may also be audited by external organisations, and your data may be shared with authorities if required. By accepting these terms, you authorise us to disclose your details to third parties unless we receive contrary instructions in writing.
If we hold sensitive data, such as medical records, you must give explicit consent before we can disclose it to third parties. We do not sell or make your personal data commercially available.
19. Calculation of Fees, Charges, and Expenses
If we have not agreed on a fixed price for your matter, our fees are generally calculated based on the time spent working on your case. We charge fees according to the hourly rate(s) of the Legal Advisor(s) handling your matter. Time is billed in fifteen-minute units, with any fraction of a unit rounded up. Fees include time spent attending meetings, telephone calls, preparing and reviewing documents, travel, waiting time, research, typing, secretarial work, and general administration. We will notify you of any other fees that may apply.
The hourly rate of the Legal Advisor handling your matter will be specified in the Client Care Letter. This rate is reviewed annually and may increase each January. We will notify you in advance of any rate changes. If another Legal Advisor works on your matter, we will inform you of their hourly rate.
All time spent on your matter is recorded, except in cases where a fixed fee has been agreed. You may request copies of these records.
You may also incur disbursements and expenses on your behalf, such as postage, telephone calls, photocopying, or travel. These will be charged in addition to our fees and are payable in advance.
Please note, we do not offer financial or tax planning advice. We recommend consulting a financial advisor or accountant for such matters.
22. Instructing Third Parties and Their Charges
If we need to obtain specialist advice from third parties, such as stockbrokers, surveyors, or barristers, we will inform you and seek your instructions. By accepting these terms, you authorise us to incur such costs. We reserve the right to terminate the agreement if you unreasonably refuse to authorise such fees.
You are responsible for settling third-party fees, plus VAT, in advance of their instruction. We may request an estimate of these costs, and generally, we will require payment before proceeding. If no estimate is available, we will request a reasonable amount to cover the costs. Please note that third-party charges may exceed the estimated amount, and you will be liable for the additional costs.
We will always endeavour to instruct reputable third parties but cannot be held liable for their work or charges.
23. Estimates
While it can be difficult to predict the total costs of a matter, we will provide an initial estimate where appropriate. This estimate typically covers the work up to a certain stage of the matter. As the matter progresses, we will provide updated estimates if necessary. Please note that the actual costs may differ from the estimate, and the final costs will be charged accordingly.
24. Payments on Account
At the start of a matter, there may be additional costs to cover third-party fees, such as search or registration fees. We will inform you of these costs and request payment in advance, either directly to the third party or to us to cover these expenses. We do not hold money on account.
25. Terms of Payment, Recovering Fees, Interest, and Disputes
Invoices are due upon receipt. Other costs are due 14 days from the date of the invoice or request, unless agreed otherwise. If any fees remain unpaid for 30 days, we may initiate legal proceedings to recover the debt and charge interest at a rate of 8% per annum. If you have any issues with payment, please contact us promptly.
If we agree on a fixed fee, payment is required in full before work commences unless otherwise agreed.
If you are dissatisfied with our fees, please contact the person managing your matter. Refer to paragraph 13 for further information on how to raise a complaint.
27. Client Money
We are not responsible for losses due to mistakes or failures by the relevant institution or their insolvency.
With the risk of fraud and cybercrime, it is your responsibility to ensure that payments are made to the correct bank details. We will not be liable for delays or losses related to payments made into our account.
We may apply any funds we hold on your behalf to cover any outstanding costs.
29. Receipts and Payments
We will pay any funds due to you by bank transfer and will not make payments in cash or to third parties.
If funds are delayed, we are not responsible for any resulting contractual liabilities. We will inform you promptly if we anticipate any issues.
When making payments, please ensure that you use our correct bank details, as we will not accept responsibility for delays or losses.
30. Cancellation (Consumer Contracts Regulations)
If applicable, you have the right to cancel your contract with us within 14 calendar days of receiving the Engagement Letter, without providing a reason or incurring any charges. To cancel, you must inform us in writing before the 14-day period ends. If you cancel within this period, we will refund any payments received from you. If you have expressly authorised us to start work within the 14 days, we reserve the right to charge for services rendered.
31. Termination
You may terminate our services in writing at any time. We may also cease acting for you, provided we give reasonable notice.
In either case, we reserve the right to retain your documents until any outstanding fees are paid. If you end our instructions, you will still be liable for any costs incurred up to that point.
32. Limitation of Liability
Nirvana Legal is solely responsible for the legal work carried out for you. No individual partner or staff member will be personally liable.
We may limit our liability, where permitted by law, and will not accept responsibility for any indirect or consequential losses, including lost profits or opportunities.
34. Status Disclosure
We are not authorised by the Financial Conduct Authority (FCA). If you are dissatisfied with our service, you may contact the Legal Ombudsman. However, we ask that you first follow our internal complaints procedure (see paragraph 16 for more details).
35. Equality and Diversity
Nirvana Legal is committed to equality and diversity and does not discriminate on any grounds, including sex, race, disability, age, or other protected characteristics.
36. Severance
If any part of this agreement is deemed invalid or unenforceable, it will not affect the remainder of the terms.
37. Force Majeure
Neither party will be liable for delays or failure to fulfil obligations due to circumstances beyond our reasonable control.
38. Governing Law and Disputes
This agreement is governed by English law, and any disputes will be subject to the exclusive jurisdiction of the English courts, unless an alternative dispute resolution procedure is agreed.
At Nirvana Legal, our commitment to providing compassionate and competent legal services has earned us the trust of families throughout Muswell Hill, London and beyond.
Sarah Buckley is a Freelance Solicitor Authorised and Regulated by the Solicitors Regulation Authority and a Member of the Law Society of England and Wales. Copyright © Nirvanalegal 2024. All rights reserved. Website developed by Legal Growth.
