This document sets out the basis on which we will carry out work on your behalf. It should be read together with any instruction confirmation letter or electronic correspondence (the “Instruction Confirmation”) we send to you. In this document “you” and “your” will mean either the addressee or as otherwise identified as our client in the Instruction Confirmation. ‘We’, ‘us’ and “our” will mean Easement Solutions Limited.
Our work will be undertaken based on the instructions that we receive and you are responsible for ensuring the accuracy of any information given. We ask that you give us as much information as possible at the outset. Please tell us as soon as you can of any changes in your objectives or circumstances, or if you receive new and relevant information.
The Instruction Confirmation will confirm who is assigned to your work. Any advice rendered by us, unless otherwise agreed in writing by us, is solely for your benefit and must be kept confidential. Our advice may not be relied on by you except for the purposes of the matter to which it relates. It may not be disclosed to any third party unless we agree that you may do so, or you have a legal duty to disclose it. Our advice may not be used or relied on by any third party without our prior written consent.
We will communicate with you at any address, email or telephone number we have for you, unless you ask us to use a particular address. Email is our preferred method of communication. You should be aware that there are risks associated with electronic communications and we cannot guarantee that any communication will remain confidential or when or whether, the message will arrive. There are restrictions and disclaimers attached to all our email communications.
We will keep all information relating to your business confidential. If, on your authority, we are working in conjunction with other advisers we will assume that we may disclose any relevant aspects of your business to them. We may also disclose such information to third parties if:
• you agree that we should; or
• it is within the scope of our instructions to do so; or
• we are required to do so by law, by our insurers or by our professional rules.
We are required by law to report arrangements that may involve the proceeds of crime and may not be permitted to tell you that this has been done. If we are required for any reason (whether during the course
of a matter or after it has ended) compulsorily to disclose documents or to give information orally or in writing relating to a matter or your business pursuant to a Court Order, notice or demand served by an entity or person with the authority to compel such disclosure, then we shall comply. We will be
entitled to be paid for the costs of such compliance by you at our hourly rates at that time.
You acknowledge that we will act as a Data Controller for the data that we request from you both as part of our instructions and during the course of the work we are instructed to carry out. Where you have provided us with the data we request you confirm that this data has been obtained in line with the data protection regulations, including but not limited to obtaining or specifying the necessary consents or legal basis for collecting that data. We confirm that any data given to us by you will only ever be used in accordance with the data protection regulations and our privacy policy available on our website. We will, following the necessary use of the data, ensure it’s permanent deletion in line with our privacy policy. Where we are made aware of any data breach involving data either concerning you or else concerning data that you have
supplied to us, we shall notify you immediately (and by the latest within one working day) with full details of the breach and those affected.
Unless otherwise agreed we will keep you informed of progress at intervals determined by agreement between us. You may ask for an update at any time. If you have concerns about the work undertaken on your behalf at any stage, please raise them first with the person assigned by us to your work or, if preferred, one of our Directors.
All copyright in all documents we produce is owned by us. You may copy any document we produce for you, but you must not modify, reuse or adapt any documents we produce for you without our written agreement. We reserve our legal rights to be identified as the creator and copyright owner of any documents, plans and drawings we produce. We reserve the right to reuse any documents, plans and drawings or any parts of documents that we produce in connection with your work for other clients
or generally in our business, however we will not disclose any information which is confidential to you and your business
Our documents and correspondence are stored generally in electronic format. On completing the work for you, we are entitled to keep your papers and documents whilst there is any money owing to us in respect of fees and outlays.
If we need to engage other professionals to carry out work on your behalf we will do so as your agent. We will not be responsible for any act or omission of other professionals unless we have otherwise agreed that in writing with you.
You are responsible for payment of fees, even if a third party has agreed to pay all or part of your costs, or if any other person has agreed to do so.
In most cases we operate with a fixed fee, or a fee calculated in accordance with an agreed formula. In our Instruction Confirmation we will let you know whether a fixed fee is to apply or if the fee will be time based. If the fee is time based it will be calculated according to the time we spend on the work
(as recorded in 6 minute units), and will take into account the value of the matter, the degree of skill required, the urgency and complexity of the work and other relevant factors. The time element will include meetings, travelling, considering, preparing and working on papers, correspondence and discussion with
you and other parties whether by telephone, email or in person. The hourly rates for our Directors/staff are based on seniority and expertise. Our fixed fee rate assumes that all parties to the transaction act
reasonably. If work overruns because of delays caused by factors out with our control we reserve the right to place the work on hold and if necessary to seek an additional fee from you. Fee rates are periodically reviewed and we will advise you of changes. We will explain where the urgency of the work or any other factor will result in an increased fee. You may set an upper limit to our fee for which you may be liable without further authority. If that limit is agreed at the outset, we will not exceed it without telling you. Unless zero- rating or an exemption applies, we must add VAT to our fee at the rate applying when the work is
done. We will also ask you to reimburse any payments which we make to third parties on your behalf.
NOTE: Where a pipe or cable is laid prior to our releasing a job for construction we reserve the right to increase our fee by a minimum of 50%. You will be notified of the increased fee, and how the increased fee has been determined. We are entitled to make a charge for aborted work including expenses such as those of our solicitors. The fee will be based on the cost of the work carried out. You will be notified of the fee,
and how the fee has been determined.
We reserve the right to issue interim invoices and you will be notified of our intention to deal in this way. Unless otherwise stated payment of any invoice is due within 30 days of issue. We reserve the right to charge interest and charges on unpaid invoices in line with The Late Payment of Commercial Debts
(Interest) Act 1998, i.e., 8% plus the Bank of England base rate and debt recovery costs.
You agree that you will not make any claim or take any action personally against any of our Directors or staff. This does not alter or reduce any liability that we may have to you. We shall not be liable for any consequential or indirect loss (whether or not it might have been foreseeable at the commencement of the work).