ENGAGEMENT
By agreeing to this engagement (the “Engagement”), you are confirming that you are instructing Brandsmiths SL Limited (“us”) to represent you in the Rule 40 matter against the British Olympic Association.
This Engagement can be terminated at any time.
The relationship between us is governed by this Engagement and the Terms of Business below. These documents contain information we are required to give you by our regulator, the Solicitors Regulation Authority. The Terms of Business may be modified if agreed between us in writing.
We are only qualified to provide English law advice. Please note that the scope of this Engagement does not include advice to you on anything other than the Rule 40 dispute.
A. DATA PROTECTION
Any personal data received from you or regarding you will be processed in accordance with the General Data Protection Regulations (GDPR)
Brandsmiths' registration number in the data protection registry at the Information Commissioner’s Office is: ZA144294.
TERMS OF BUSINESS
B. ELECTRONIC COMMUNICATION
Law Society guidelines require that, where we communicate with clients and relevant third parties by email, we must ensure that our clients fully appreciate the risks inherent in email communications and give their consent to the inclusion of confidential material relating to their instructions in non-encrypted email.
We assume that, in relation to our work for you, you:
- consent to us communicating with you and relevant third parties by email;
- acknowledge that we cannot guarantee the confidentiality of any material included in non- encrypted email; and
- agree to waive any claim you may have against us with regard to the confidentiality of email communications.
C. LIABILITY
We shall be liable only to you and not to any third party. We reserve the right to limit our liability to you (subject to our rules of professional conduct) in certain circumstances and, if so, we will notify you in writing as to the nature of that restriction and any applicable cap to our liability.
Any advice given by us:
- may not be disclosed by you or quoted, referred to or published in any public document or publication except with our prior written consent, except that you may disclose it to your employees or agents who normally have access to your papers and records, on the basis that they will make no further disclosure;
- is strictly limited to the matters stated in it and does not extend by implication to any other matter;
- is limited to the laws of England and Wales as applied by the English Courts and is given on the basis that it will be governed and construed in accordance with the laws of England and Wales; and
- is given as at the date of communication of the advice.
Unless we have specifically agreed otherwise, we will not be bound to notify you of any changes in the law following the date on which the advice was given.
Unless expressly agreed by us in writing, none of the terms of the Engagement with you shall be enforceable by any third party (being any person other than us and you).
We shall not be liable to you if we are unable to perform our services as a result of any cause beyond our reasonable control. In the event of any such occurrence affecting us we shall notify you as soon as reasonably practicable.
D. CONFIDENTIALITY
If you are involved in Court proceedings, it is important to note that members of the public (including the press) are able to obtain copies of judgments, orders and documents you file at Court, including documents containing confidential information. During Court proceedings you will also usually be obliged to provide to your opponent, and to the Court, relevant documents, emails, reports, letters etc., including confidential documents, which might as a result enter the public arena.
We shall not disclose to any other person, other than our partners, employees, consultants, agents and sub- contractors, any confidential information which we obtain as a result of acting for you, except as may be required in order to carry out your instructions in the ordinary course of acting for you or to comply with any overriding legal, regulatory or professional obligations we may have from time to time.
E. DATA PROTECTION
As you are an individual client, your details will be used for the provision of our legal services, billing and other administrative purposes and may also be used by us from time to time to provide you with information about the firm and our services (including contacting you or them by email or telephone).
F. CONFLICTS
If we become aware of a conflict of interest which prevents us from continuing to act for you, we shall inform you immediately and we shall assist you in finding new legal advisers and provide an effective transfer of the relevant matter to your new legal advisers. You agree to pay our fees, disbursements and expenses to the date of any such transfer in accordance with these terms of business.
G. TERMINATION
Subject to these terms of business and the terms of the Engagement, you may terminate your instructions to us in writing at any time.
H. APPLICABLE LAW AND JURISDICTION
Our relationship, as set out in these Terms of Business and the Engagement, which are governed by English law. By instructing us, both we and you submit to the exclusive jurisdiction of the Courts of England and Wales.
