Terms & Conditions
Terms & Conditions
1. C Solutions Limited, its subsidiaries, affiliates and Associates ('C Solutions') will use reasonable efforts to secure the best result in the case (in accordance with the client's written instructions) and will receive a fee in the event of success.
2. Unless otherwise agreed, C Solutions' fee (plus any applicable VAT) will be the agreed percentage of the gross recovery/saving achieved subject to a minimum fee of US$5,000 payable from first funds received all on a 'no win no fee' basis.
3. C Solutions will be responsible for and pay its/the client's lawyers' fees (excluding expenses unless otherwise agreed) but not adverse costs orders made against the client nor will C Solutions necessarily provide security for costs if requested or if the client is ordered to do so. The client will deal directly with C Solutions' appointed lawyers when requested to do so.
4. C Solutions reserves the right to discontinue work on the case if, in its sole discretion, no success is likely to be achieved taking into account the merits of the case, the financial strength of the respondent/paying party and disproportionate legal costs being/likely to be incurred.
C Solutions does not undertake to pursue the case to conclusion at any cost. Other grounds for discontinuing work will include but not be limited to:
Non-payment of funds due in accordance with this agreement within 14 days of a request to do so;
misconduct, imprisonment, fraud or bankruptcy of the client;
failure by the Client to provide correct, complete or accurate instructions or information;
breach of these conditions by the client.
5. C Solutions will give the client 10 days' notice (or 4 days’ notice if there has been a breach of fee payment terms as above) of any intention to discontinue work on the case. The client will not in these circumstances be responsible for C Solutions' fees/expenses (unless otherwise agreed).
6. If legal costs are paid in addition to any recovered amount, these will be for the credit of C Solutions/its lawyers and payable in addition to the fee agreement contained in paragraph 2 above and from first received funds.
7. The client undertakes:
to give C Solutions/its appointed lawyers or experts instructions, evidence and access to necessary witnesses, all at its cost, when reasonably requested to do so;
to give (by agreeing these terms) C Solutions irrevocable instructions/authority to deal with the case and to act in accordance with the reasonable recommendations of C Solutions to settle or compromise the case;
to undertake no direct negotiations with opposing interests (either directly or through an intermediary) without C Solutions' written approval and any settlement negotiated will entitle C Solutions to recover its fee (and any recoverable lawyers' fees) in full unless notice, in accordance with clause 5 above, has been given;
to irrevocably agree that any money(ies) recovered from any third party(ies) shall be payable in the first instance directly to the account of C Solutions prior to any reconciliation with the client.
Hourly Rate Cases
Hourly Rate Cases
8. Unless otherwise expressly agreed in writing, our fees are calculated on an hourly basis at varying rates depending on the seniority and experience of the case-handler involved, the complexity of the matter, the value of the transaction and the urgency involved. Hourly rates are subject to periodic review and adjustment. It is our practice to issue invoices for our fees and expenses on a regular interim basis. All invoices are due for payment within 14 days of delivery, failing which interest may be charged at 1% above the prime rate of interest. Although we may at your request provide estimates of fees that we anticipate may be incurred, such estimates are by their nature inexact and we will not be bound by them unless expressly agreed in writing.
9. C Solutions shall have no liability to the client under its retainer if it is prevented from, or delayed in performing, its obligations under the contract or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving the workforce of C Solutions or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, terrorism, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
10. C Solutions shall be under no liability whatsoever to the client for any loss, damage, delay or expense of whatsoever nature, whether direct or indirect and howsoever arising in the course of the performance of its retainer UNLESS same is proved to have resulted from negligence, or wilful default of C Solutions or any of its members, employees or agents, in which case C Solutions' liability for each incident or series of incidents giving rise to a claim or claims shall never exceed a total of ten times the fees payable for the term of the case or Pounds Sterling five hundred thousand whichever is the smaller.
11. Destruction of documents: At the conclusion of a matter we will review our file and discard any unnecessary additional copies of documents, then send the balance of the file to an off-site facility for storage at our expense, unless you request us to deliver the file to yourself. To minimise the storage expenses, we reserve the right, subject to your written contrary direction, to retain files for only six years from the completion of the matter and to destroy older files to the extent practical. If you wish us to handle the disposition of files in a different manner, please let us know in writing. Otherwise we will proceed as set forth above.
12. Complaints Procedure: Any client complaints should be directed to the supervising Director of C Solutions or the Joint Managing Directors who will implement the appropriate procedure. In the event a dispute arises between C Solutions and the client, such dispute must first be referred to Mediation in London. A procedure for Mediation must be agreed upon by the parties within 14 days of one party requesting Mediation. Unless otherwise agreed the parties will share the cost of the Mediation equally. In the event that Mediation is unsuccessful, the matter shall be referred to arbitration in London in accordance with the Arbitration Act 1996 or any statutory modification or re-enactment thereof.
13. These conditions will be governed and construed in accordance with English Law and any dispute arising hereunder will be determined by the exclusive jurisdiction of the English Court save for any proceedings necessary for C Solutions or its affiliates to enforce these conditions.
14. By instructing us and continuing to deal with us in connection with any matter where we are acting on your behalf, you are deemed to have read, understood and agreed to these conditions. If you are an intermediary or agent instructing us on behalf of Principals, you undertake to bring these conditions to the attention of your Principals and procure their acknowledgment and agreement to these conditions.
The C Solutions Group Anti-Bribery and Corruption Policy
The C Solutions Group of companies including associated, affiliated and subsidiary companies is committed to carrying out business fairly, honestly and openly and has a zero tolerance approach to bribery and corruption.
In accordance with the Bribery Act 2010 the C Solutions Group prohibits the:
1. offer, promise, giving, solicitation or acceptance of any bribe, whether a financial or other advantage, directly or through a third party, to any person or company or public official;
2. by any individual employee, agent or person who performs services or acts on behalf of the C Solutions Group;
3. in order illegally or unethically to obtain or retain business or an advantage in the conduct of business, or gain a financial or other advantage for The C Solutions Group including associated, affiliated and subsidiary companies or for any individual or any person or company connected with that individual.
All persons who act on business for The C Solutions Group must adhere to this policy and have similar policies in place.