1. Definitions and Interpretation
1.1. In these Terms of Service ("Terms"), unless the context otherwise requires:
- "Company", "we", "us", "our" means Case Legends, a trading name of Data Legends Ltd, a company registered in England and Wales under company number 13207979, whose registered office is at 48 Norman Lane, Castle Hill, Ebbsfleet Valley, Swanscombe DA10 1EL, United Kingdom, VAT number GB470161026;
- "Client", "you", "your" means the natural or legal person who engages the Company for the provision of Services;
- "Services" means the legal support, documentation, correspondence, liaison, mediation-support, translation-assistance and related administrative services described in an Engagement Confirmation, and expressly excludes Reserved Legal Activities and Regulated Legal Advice;
- "Reserved Legal Activities" means the activities defined in section 12 of and Schedule 2 to the Legal Services Act 2007, including the exercise of rights of audience, the conduct of litigation, reserved instrument activities, probate activities, notarial activities and the administration of oaths;
- "Regulated Legal Advice" means legal advice of a kind that may only be given by a person authorised and regulated by an approved regulator (including the Solicitors Regulation Authority or the Bar Standards Board);
- "Engagement Confirmation" means the written document (including email) issued by the Company and accepted by the Client which records the agreed scope, fees, timeline and any special conditions of a specific engagement;
- "Deliverables" means the documents, letters, forms, submissions, summaries and other written outputs produced by the Company under an engagement;
- "Regulated Professional" means a solicitor, barrister or other legal professional authorised by an approved regulator, engaged separately by the Client or introduced by the Company under clause 6;
- "Working Day" means a day other than a Saturday, Sunday or public holiday in England.
1.2. Headings are for convenience only and do not affect interpretation. Words in the singular include the plural and vice versa. References to statutes include amendments and re-enactments.
2. Status of the Company - IMPORTANT
2.1. The Company is not a firm of solicitors. It is not authorised or regulated by the Solicitors Regulation Authority, the Bar Standards Board or any other approved regulator under the Legal Services Act 2007.
2.2. The Company does not carry out Reserved Legal Activities and does not provide Regulated Legal Advice. Nothing in any Deliverable, communication, consultation or conversation shall be construed as Regulated Legal Advice, and the Client confirms that they do not rely on it as such.
2.3. The Company's founder holds a Master of Laws degree obtained in Poland. This qualification does not constitute authorisation to practise as a solicitor or barrister in England and Wales, and the Company makes no representation to the contrary.
2.4. Where a matter requires court representation, the conduct of litigation or Regulated Legal Advice, the Company will inform the Client and may, at the Client's request, introduce a Regulated Professional in accordance with clause 6.
2.5. By engaging the Company, the Client acknowledges and confirms that they have read, understood and accepted this clause 2 in its entirety, and that the distinction described in it was made clear to them before any fees were incurred.
3. Formation of the Engagement
3.1. Any description of Services on the Company's website, in marketing materials or in preliminary conversations constitutes an invitation to treat only and not an offer.
3.2. An engagement is formed only when (a) the Company has issued an Engagement Confirmation, and (b) the Client has accepted it in writing (including by email or messaging service) or by paying the agreed fee or deposit, whichever occurs first.
3.3. The Engagement Confirmation, together with these Terms and the Privacy Policy, constitutes the entire agreement between the parties in respect of that engagement. In the event of conflict, the Engagement Confirmation prevails over these Terms in respect of scope, fees and timeline only.
3.4. No variation of the agreed scope is effective unless confirmed by the Company in writing. Work requested outside the agreed scope will be quoted and charged separately.
3.5. The initial consultation is provided free of charge and without obligation, but it is preliminary and general in character; the Company accepts no responsibility for any action taken or not taken in reliance on the initial consultation alone.
4. Scope and Nature of the Services
4.1. The Services may include, without limitation: the preparation, review and organisation of documents; drafting of formal letters, complaints, appeals and responses; assistance with applications for benefits and other entitlements; support in mediation processes; liaison and correspondence with public bodies, landlords, employers and other organisations on the Client's behalf and at the Client's instruction; and interpretation of official correspondence into plain English or Polish.
4.2. The Company acts on the Client's instructions and on the basis of the information and documents the Client provides. The Company does not and cannot guarantee any particular outcome, including but not limited to the success of any claim, appeal, application, negotiation or mediation, the response time or decision of any third party or public body, or the granting of any benefit or entitlement.
4.3. All decisions on whether to submit, sign, send or rely upon any Deliverable rest solely with the Client. The Client is the author of record of any document submitted in their own name.
4.4. Deadlines communicated by the Company are estimates made in good faith. Statutory and third-party deadlines (including appeal windows and limitation periods) are the Client's responsibility, save where the Company has expressly agreed in writing to manage a specific deadline.
5. Client Obligations and Warranties
5.1. The Client shall: (a) provide complete, accurate and truthful information and documents; (b) respond to requests for information or approval without undue delay; (c) inform the Company promptly of any change of circumstances, address or contact details relevant to the matter; (d) not use the Services for any unlawful, fraudulent or misleading purpose.
5.2. The Client warrants that all information provided is true to the best of their knowledge and that documents provided are genuine. The Company accepts no liability for any consequence arising from false, incomplete, misleading or late information provided by the Client, and the Client shall indemnify the Company against any claim, penalty, loss or expense arising therefrom.
5.3. The Client acknowledges that submissions to public bodies (including the Department for Work and Pensions, HM Revenue & Customs, local authorities and courts) made on the basis of false information may constitute a criminal offence by the Client, and that responsibility for the truthfulness of such submissions rests with the Client alone.
6. Referrals to Regulated Professionals
6.1. Where the Company introduces a Regulated Professional, that professional is engaged directly by the Client under a separate agreement. The Company is not a party to that agreement, receives instructions from neither side in respect of it, and accepts no responsibility for the acts, omissions, advice, fees or service levels of any Regulated Professional.
6.2. Any introduction is made in good faith but without recommendation, endorsement or warranty. The Client remains free to instruct any professional of their own choosing.
7. Fees, Estimates and Payment
7.1. Fees are agreed in the Engagement Confirmation and may be fixed, staged or time-based. Where fees are estimated, the estimate is not a fixed quotation unless expressly stated.
7.2. Unless otherwise agreed, invoices are payable within 7 days of issue. The Company may require payment of all or part of the fee in advance and may suspend work until such payment is received.
7.3. Disbursements (including court fees, application fees, translation certification fees, postage and travel) are payable by the Client in addition to the Company's fees and may be required in advance.
7.4. Late payment attracts interest at the rate prescribed by the Late Payment of Commercial Debts (Interest) Act 1998 in business-to-business engagements, and at 4% per annum above the Bank of England base rate in consumer engagements, accruing daily from the due date until payment.
7.5. The Company may exercise a lien over Deliverables and files until all outstanding fees are paid, to the extent permitted by law.
7.6. All fees are stated inclusive or exclusive of VAT as indicated in the Engagement Confirmation; where not indicated, fees are exclusive of VAT.
8. Consumer Cancellation Rights (Cooling-Off)
8.1. Where the Client is a consumer and the engagement is concluded at a distance or off-premises, the Client has the right to cancel within 14 days of formation of the engagement without giving a reason, in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
8.2. If the Client expressly requests that the Company begin work within the cooling-off period, the Client shall pay a proportionate amount for Services performed up to the point of cancellation.
8.3. Where the Services have been fully performed within the cooling-off period at the Client's express request and with the Client's acknowledgement that the right to cancel is thereby lost, the right to cancel is extinguished.
8.4. Cancellation may be communicated by any clear statement to office@caselegends.co.uk or by post to the registered office.
9. Termination
9.1. Either party may terminate an engagement at any time by written notice, with or without reason.
9.2. Upon termination, the Client remains liable for (a) fees for all work completed up to the effective date of termination, calculated pro rata or on a time-spent basis at the Company's standard rate, and (b) disbursements incurred or committed.
9.3. The Company may terminate immediately, without liability, if the Client: provides false or misleading information; requests anything unlawful, fraudulent or improper; behaves abusively towards the Company's personnel; fails to pay sums due after 14 days' written notice; or where continuing would, in the Company's reasonable opinion, risk breaching any law or regulation, including the Legal Services Act 2007.
9.4. Clauses 2, 5.2, 7, 10, 11, 12, 13, 15 and 19-24 survive termination.
10. Limitation of Liability
10.1. Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any liability that cannot lawfully be excluded or limited.
10.2. Subject to clause 10.1, the Company's total aggregate liability to the Client arising out of or in connection with an engagement, whether in contract, tort (including negligence), breach of statutory duty, misrepresentation or otherwise, shall not exceed the total fees paid by the Client to the Company under that engagement, or £1,000, whichever is greater.
10.3. Subject to clause 10.1, the Company shall not be liable for: (a) loss of income, benefits, profit, opportunity or expected savings; (b) indirect or consequential loss; (c) loss arising from the acts, omissions, delays or decisions of any third party or public body; (d) loss arising from the Client's failure to meet any deadline not expressly assumed by the Company in writing; (e) loss arising from reliance on the Services as if they were Regulated Legal Advice contrary to clause 2; (f) loss arising from information or documents provided by the Client that were false, incomplete or late.
10.4. No claim may be brought against the Company more than 12 months after the date on which the Client became aware, or ought reasonably to have become aware, of the facts giving rise to the claim, save where a longer period is mandatory by law.
10.5. The Client acknowledges that the fees reflect the allocation of risk in this clause and that the Company would not provide the Services on these fees without these limitations.
11. Confidentiality
11.1. The Company shall keep confidential all information and documents received from the Client in connection with an engagement and shall not disclose them except: (a) to the extent necessary to perform the Services (including disclosure to organisations at the Client's instruction); (b) to professional advisers and service providers under obligations of confidence; (c) where disclosure is required by law, regulation, court order or competent authority; (d) with the Client's consent.
11.2. The Client acknowledges that the Company's services are not protected by legal professional privilege. Communications with the Company may be disclosable in legal proceedings in circumstances where equivalent communications with a solicitor might not be.
12. Data Protection
12.1. The Company processes personal data in accordance with the UK GDPR, the Data Protection Act 2018 and its Privacy Policy, available on this website, which forms part of these Terms.
12.2. The Client consents to the processing of special category data (for example health, family or financial information) where necessary for the performance of the Services, and may withdraw such consent at any time, acknowledging that withdrawal may make continued performance impossible.
13. Intellectual Property
13.1. All intellectual property rights in the Deliverables vest in the Company upon creation. Upon payment in full of all sums due under the relevant engagement, the Company grants the Client a perpetual, non-exclusive, royalty-free licence to use the Deliverables for the purposes of the matter for which they were prepared.
13.2. Templates, know-how, working methods and internal materials of the Company remain the Company's exclusive property and may be reused by the Company for other clients, provided no confidential information of the Client is disclosed.
13.3. The Client shall not reproduce, resell or distribute Deliverables for any commercial purpose or hold them out as suitable for use by any other person.
14. Communications
14.1. The parties may communicate by email, telephone, post and messaging services (including WhatsApp). The Client accepts the inherent risks of electronic communication, including delay, non-delivery and interception, and agrees that the Company is not liable for loss arising from such risks provided it has taken reasonable care.
14.2. Notices under these Terms are validly given by email to the addresses used in the engagement, and are deemed received on the next Working Day after sending.
15. Language
15.1. The Company may provide Services and communications in English and in Polish as a courtesy to its clients.
15.2. Where any document, communication or these Terms exist in both English and Polish versions, the English version prevails in the event of any inconsistency, and any translation is provided for convenience only.
15.3. Assistance with understanding documents does not constitute certified or sworn translation unless expressly agreed. Where certified translation is legally required, the Company will inform the Client and, if requested, arrange it as a disbursement.
16. Complaints
16.1. Complaints should be addressed in the first instance to office@caselegends.co.uk. The Company will acknowledge a complaint within 5 Working Days and provide a substantive response within 28 days.
16.2. As the Company is not a regulated law firm, complaints do not fall within the jurisdiction of the Legal Ombudsman. Consumers may have recourse to alternative dispute resolution or the courts.
17. Force Majeure
17.1. The Company is not liable for any failure or delay in performance caused by events beyond its reasonable control, including illness, epidemic, industrial action, failure of telecommunications or postal systems, acts of public authorities, or the acts or omissions of third parties on whom performance depends. Time for performance is extended accordingly.
18. Anti-Money Laundering and Verification
18.1. The Company may require proof of identity and address before commencing or continuing an engagement and may decline or suspend Services where satisfactory verification is not provided.
18.2. The Company reserves the right to decline any engagement, without giving reasons, where acceptance would in its opinion create a legal, regulatory or reputational risk.
19. Entire Agreement
19.1. These Terms, the Engagement Confirmation and the Privacy Policy constitute the entire agreement between the parties and supersede all prior discussions, representations and understandings. The Client confirms that they have not relied on any statement not set out in these documents. Nothing in this clause limits liability for fraudulent misrepresentation.
20. Variation
20.1. The Company may update these Terms from time to time by publishing a revised version on this website. The version in force at the date of the Engagement Confirmation applies to that engagement, unless a change is required by law.
21. Severability
21.1. If any provision of these Terms is held invalid, unlawful or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, or if such modification is not possible, severed, and the remaining provisions shall continue in full force.
22. No Waiver; Assignment; Third Parties
22.1. No failure or delay by either party in exercising any right constitutes a waiver of it.
22.2. The Client may not assign or transfer any rights or obligations under an engagement without the Company's written consent. The Company may assign to any successor of its business.
22.3. Save as expressly stated, no term of these Terms is enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999.
23. Consumer Rights Preserved
23.1. Nothing in these Terms affects the Client's statutory rights as a consumer, including under the Consumer Rights Act 2015 (services to be performed with reasonable care and skill, within a reasonable time, and for a reasonable price where not agreed). Where any provision of these Terms conflicts with a non-excludable statutory right, the statutory right prevails.
24. Governing Law and Jurisdiction
24.1. These Terms and any engagement, and any dispute or claim arising out of or in connection with them (including non-contractual disputes), are governed by the law of England and Wales.
24.2. The courts of England and Wales have exclusive jurisdiction, save that a consumer resident elsewhere in the United Kingdom may bring proceedings in the courts of their home nation, and nothing prevents the Company from seeking injunctive relief in any competent court.
