EULAW Online Ltd’s services are offered to you conditioned on your acceptance without modification of these terms and conditions. Your use of the EULAW Online Ltd website and/or acceptance of legal services from EULAW Online Ltd constitutes your agreement to these terms and conditions. In these terms and conditions “we”, “us” and “our” refers to EULAW Online Ltd and “you” and “your” refers to you, our client. A “party” under these terms and conditions refers to either you or us, or both, depending on the context.
- SCOPE OF LEGAL SERVICES
EULAW Online Ltd are legal advisers not solicitors, which means we cannot provide advice in respect of “reserved areas of work” for solicitors of England and Wales under section 12 of the Legal Services Act 2007. This includes the conduct of litigation (e.g. the issuing of legal proceedings) and conveyancing (e.g. buying and selling of property). We also do not provide immigration services or advice regarding tax. However, we can provide legal services outside these reserved areas of work, including commercial, company and intellectual property law (“Services”). Unless otherwise agreed, the Services will be provided by us remotely via a computer or telecommunications network (e.g. using email, shared folders, phone and videoconferencing).
- MODIFICATION OF THESE TERMS AND CONDITIONS
EULAW Online Ltd reserves the right to change the terms, conditions, and notices under which the EULAW Online Ltd website and Services are offered, including but not limited to the fees associated with the use of the Services. Notwithstanding this clause, if you are already receiving Services from us, we are not permitted to unilaterally modify the original terms and conditions governing our relationship, which will continue to apply until termination of Services or until you agree to be bound by the amended terms and conditions.
Our invoices are payable within 14 days of issue (except where a deposit is required, which is payable before starting work). VAT is payable on all quotes and invoices. You must also pay us any expenses that we have incurred on your behalf pursuant to the Services (including official fees), provided that we have obtained authorisation to incur such expenses in advance. If payment is not made by the due date then you will be in default and will pay interest on the default monies at the rate of 5% per month from the due date, and shall be liable for all expenses (including legal and debt collection costs) incurred by EULAW Online Ltd to recover payment of amounts you owe. We shall also be permitted to recover all legal costs incurred to enforce your compliance with these terms and conditions.
- CONFIDENTIAL INFORMATION
“Confidential Information” includes all or any information or data (including oral and visual data and all information or data recorded in writing or in any other medium) provided by one party (“Disclosing Party”) to the other (“Recipient Party”) pursuant to the Services which is designated or marked as confidential or that should be reasonably construed as confidential having regard to the nature and circumstances under which it is disclosed, including information relating to the Disclosing Party’s operations, processes, strategic plans, designs, intentions, customers, suppliers, product information, know-how, inventions, trade secrets, formulae, software (including source code), and business affairs. Confidential Information shall not include any information that is already known by the Recipient Party, becomes publicly known through no fault of the Recipient Party, is received from a third party without a restriction on disclosure, or is disclosed by the Recipient Party pursuant to judicial action or governmental regulation or requirement; provided that the Recipient Party shall notify the Disclosing Party of any order or request to disclose information to allow reasonable time to contest such disclosure and/or obtain a protective order or other similar protection. Confidential Information provided to a Recipient Party pursuant to the Services shall not be disclosed to third parties and shall only be used as needed to perform or obtain benefit of the Services, provided that a Recipient Party may provide Confidential Information to those authorised employees, contractors, professional advisors, or other third parties having a need to know. The Recipient Party shall ensure that such third parties receiving such Confidential Information are aware of the confidential nature of such Confidential Information and are bound by confidentiality obligations no less onerous than the obligations of recipient party under these terms and conditions.
- INTELLECTUAL PROPERTY
Subject to full payment of our invoices under clause 3, we hereby grant you a non-exclusive, non-sublicensable, worldwide license to use, reproduce, and modify any documentation or materials produced by us pursuant to the Services.
We warrant that our Services will be provided to you using all reasonable care and skill and in a timely manner, except due to circumstances beyond our control.
- LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR LIABILITY REGARDING THE SERVICES IS LIMITED TO £1,000,000.
THE LIMITATION HEREIN APPLIES TO ALL KINDS OF LIABILITY INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE AND BREACH OF STATUTORY DUTY), MISREPRESENTATION OR EQUITY. WE SHALL NOT IN ANY CIRCUMSTANCES BE LIABLE FOR LOSS OF PROFITS OR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE LIABILITY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS AND AGENTS REGARDING THE SERVICES SHALL BE EXCLUDED.
Nothing in this clause excludes liability that cannot be excluded or limited by English law, including liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation.
Any content we have made available on our website or online is for your general information only. It is not intended as legal advice on which you should rely as our advice will vary according to your individual circumstances. Although we will use our best endeavours to keep such content accurate and up-to-date, we do not accept any liability in respect of the use of such content.
- TERMINATION & CANCELLATION
EULAW Online Ltd reserves the right, in its sole discretion, to terminate your access to the EULAW Online Ltd website and the related Services or any portion thereof at any time, upon notice. If you have already paid for Services, EULAW Online Limited may, upon termination, perform those Services or refund you in full. You may terminate our Services upon notice, provided that you are liable to pay for any Services performed or authorised expenses incurred until that date. Clauses 3, 4, 5, 6, 7, 9 and 10 will survive termination of our Services under this clause.
Pursuant to the Consumer Contracts Regulations 2013, if you are an individual consumer and we have engaged with you remotely (e.g. over the phone or internet), you can cancel our engagement at any time within 14 days of accepting the engagement, provided that in the event we have already started work with your consent, we reserve the right to invoice you in respect to such Services undertaken prior to cancellation.
- GOVERNING LAW
This agreement is governed by the laws of England and Wales and you hereby consent to the exclusive jurisdiction of the Courts of England and Wales in all disputes arising out of or relating to the use of the EULAW Online Ltd Website or Services.
You hereby acknowledge and warrant that you are not receiving Services for domestic and private use or for purposes that are wholly or mainly outside your trade, business, craft or profession.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and EULAW Online Ltd and its agents, employees or contractors as a result of this agreement or use of the EULAW Online Ltd Website or Services.
If any part of these terms and conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions shall continue in effect.
A printed version of these terms and conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Unless you instruct us otherwise we may, where appropriate, communicate with you and with third parties via email or by other electronic means. The recipient is responsible for virus checking emails and any attachments. Any correspondence sent by mail is deemed to arrive at your postal address two working days after the day that the correspondence was sent.
These terms and conditions constitute the entire understanding of the parties and supersede all prior understandings and documents relating to the Services. No amendments to these terms and conditions shall be of any force or effect unless such amendments are recorded in writing and such document is executed by all parties. Failure by either party to enforce any right or seek to remedy any breach under these terms and conditions shall not be construed as a waiver of such rights nor shall a waiver by either party of default in one or more instances be construed as constituting a continuing waiver or as a waiver of any other breach.
The parties agree to attempt to resolve any dispute regarding these terms and conditions by negotiation in good faith. If those negotiations do not resolve the dispute within 30 days, either party may commence legal proceedings, provided that nothing in this clause shall prevent either party applying for urgent interlocutory relief.
Neither of the parties may assign their rights and obligations under these terms and conditions without consent of the other party.
COPYRIGHT AND TRADEMARK NOTICES:
Icons on the website are made by Freepik from www.flaticon.com and licensed under CC BY 3.0. All other contents of the EULAW Online Ltd Website are copyrighted by EULAW Online Ltd and/or its affiliated companies or suppliers.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.
EULAW Online is the trading name of EULAW Online Ltd, a private limited company registered in England and Wales (Company No. 9791018 and VAT No. 227971970). The registered office of EULAW Online Ltd is 6 Highworth Road, New Southgate, London, N11 2SJ, United Kingdom.
TERMS AND CONDITIONS EFFECTIVE FROM 1 January 2017.