You and Us
Welcome to Plantagenet Partners. You have instructed us to advise you and the purpose of these terms and conditions (the “Terms”) is to set out clearly the contract terms that apply to our relationship and give you some information we wish, or are required by law, to give you. Plantagenet Partners LLP is a limited liability partnership under the laws of England and Wales whose principal place of business is 50 Church Street, Coggeshall, Essex CO6 1TY and includes all partners and employees of that partnership and “us” and “we” should be construed accordingly in these Terms. We are dealing with the individual who has instructed us. If more than one individual has instructed us, we are dealing with all of them jointly and severally and if you are acting on behalf of a body of trustees, company, foundation or partnership you and that entity are jointly and severally contracting with us and are liable for our fees and expenses whatever name and address is entered on any invoice issued by us. “You” should be construed accordingly in these Terms. If a third party gives us instructions on your behalf, we will be entitled to act on those instructions as authorized by you unless you tell us not to. Where we receive conflicting instructions we will take no action until you have clarified your instructions.
Financial Services: we are not authorized under the Financial Services and Markets Act 2000 or regulated by the Financial Conduct Authority. We therefore cannot undertake any regulated activity such as accepting deposits, advising on or managing investments by way of business in the United Kingdom. No communication from us should be construed as investment advice or inducement to enter into a regulated investment.
Legal Services: we are not authorized by the Solicitors Regulation Authority and cannot undertake activities reserved to solicitors under the Legal Services Act 2007 such as conducting litigation, conveyancing, extracting a grant of probate on your behalf, administering oaths or offering notarial services. We can however give other advice on law and taxation in the United Kingdom including the preparing of Wills and Powers of Attorney on your behalf.
Consumer Contracts: If we have not met you, any contract you enter into with us will normally be governed by the Consumer Contracts Regulations 2014 and, accordingly, you have the right within 14 days to cancel your contract with us. You may exercise your rights of cancellation by any clear statement made orally or in writing and will no longer be required to pay any fixed fee agreed but may be required to pay for work done on the basis of time spent and our standard rates (see below).
Anti-Money Laundering Regulations: We are required to check the identity of clients in certain circumstances for compliance with regulations designed to prevent money laundering. We will be entitled in these circumstances not to act for you until the necessary proof of identity has been provided.
Outside The United Kingdom
We are not regulated in the conduct of investment services or the provision of legal advice outside the United Kingdom. In particular, we do not advise on any activity regulated under the commodities or securities trading laws of the United States of America or any state thereof. We do not hold ourselves out as having expertise in taxation or the laws of any country other than England and Wales and you should take advice, from appropriately qualified professionals, in any other country where assets are located or managed and entities are managed, administered or controlled.
Communications and Confidentiality
We will treat information you give us, and any personal data that we collect that relates to you, in the strictest confidence. This would typically include contact details and the family and financial information you have given us in our Client Questionnaire. We store and process such information manually and electronically for the purpose of providing appropriate services and information to you and we are registered with the Information Commissioner’s Office of the United Kingdom. If you instruct us on the basis of these Terms it means you consent to this storage and processing but you can request that we cease doing so by email to email@example.com. We will comply with our obligations under the data protection laws relating to us and will not transmit or disclose your personal data to third parties without your consent. In the course of auditing, however, your information will be available to professional auditors instructed by us unless you specifically ask for it to be withheld from records that our auditors inspect. If you ask us to deal with HM Revenue & Customs on your behalf we cannot do so until you have given, and HM Revenue & Customs has accepted, your written authority to us to act as your agent.
All communication between us will be in electronic form. Any physical documents or written materials you supply to us will be copied to our electronic records and will be returned to you on request or at our discretion. If you do not request the return of original documents they may be destroyed with the exception of wills, original deeds relating to trust matters and documents which provide evidence of title to unregistered land, which will be held by us in safe keeping. A charge may be made for storage of documents held by us in safe keeping for you if they are held by us for longer than five (5) years at your request. Documents held in safekeeping are currently held at our principal place of business but we reserve the right to store them elsewhere. We are not responsible for the non-delivery, non-receipt, interception or mis-delivery of electronic communications, whether for technical reasons or as a result of human error and advise that you request automatic confirmation of receipt of any email sent by you. Emails and text messages are not necessarily encrypted and are therefore not to be relied on as a confidential form of communication.
Limitation of Liability
Laws and administrative guidance change frequently and our advice can only be relied on as at the date it is given. We do not undertake to notify you of changes in laws or guidance that are relevant to you on an ongoing basis. You cannot rely on us to submit notices or returns on your behalf without clear instructions and approval of the content by you within a reasonable time of the date by which the relevant notice or return is required. We cannot be aware of all possible tax planning strategies and do not accept any liability for failing to advise on a strategy used by others: in particular, we will not advise on any strategies of which we are aware that we consider to be unduly artificial or high risk or lacking in commercial justification. Where we refer you to other professional advisers we will endeavor to recommend only reputable and appropriately-qualified advisers: however, we cannot accept liability for any advice given, acts or omissions to act by others. We do not carry excessive professional indemnity insurance because the costs would inevitably have to be passed on to our clients. We therefore cannot accept liability in contract or tort for any claim in excess of £100,000. We can, however, arrange for exceptional cover at your request and cost for amounts in excess of that limit. We are required to comply with laws and the instructions of government and other regulatory agencies in the United Kingdom and other countries and can accept no liability for loss to you as a result of such compliance.
Fees and Payments
Fixed Fees:We may agree to carry out any work on your instructions for a fixed fee. In that case, the fee will be payable on the conclusion of the matter or at such other time has been agreed. If your instructions are withdrawn for any reason the work done up to that point will be charged on the basis of time spent (see below). We may ask you to provide funds on account for some or all of the fixed fee. Such funds will not bear interest.
Fees based on time spent:In the absence of an agreed fixed fee all work will be charged on the basis of time actually spent. This includes time spent in meetings, travel, research, preparing and giving advice, sending or receiving communications orally or in writing. Time is recorded in minimum units of 1/10thof an hour and rounded up to the nearest whole unit. The hourly rate charged will be as set out in these Terms as they may be updated from time to time. In exceptional circumstances, such as unusual urgency or complexity, a premium rate may be charged which will be notified at the time instructions are accepted. We may ask you to provide funds on account of some or all of the fees expected. Such funds will not bear interest. We will try to give you an accurate estimate of total fees expected for the matter at the time instructions are accepted but this cannot be relied on as a fixed fee or cap on the total fees that will be charged. If your instructions or the circumstances change significantly during the matter so that the estimate is no longer a reasonable approximation of the likely total fees, we will notify you at that time and give a revised estimate.
Expenses and disbursements:You are liable for any expenses or disbursements which we settle on your behalf or which are incurred by us in the course of acting in accordance with your instructions. This may include, for instance, court or government agency fees, courier charges or travel expenses. We will try to notify you of any expected disbursements in excess of £25 at the time instructions are accepted but cannot guarantee to foresee all expenses that may be required. We may ask you to provide funds in advance for the settlement of expenses or for you to settle them direct if it is more convenient or efficient to do so.
Invoices:Invoices are payable within 14 days of presentation and, if not settled promptly, will be subject to a surcharge of 5% p.a. for the number of days by which payment is late or £50 whichever is the greater. Payment must be made electronically and if made by credit card is subject to a surcharge of 2%. Invoices will be submitted at the conclusion of the matter and interim invoices at the intervals agreed. In default of any other agreement invoices will be submitted within 30 days of the work done.
VAT:If and so long as we are registered for Value Added Tax (“VAT”) purposes our VAT registration number will be given on the invoice and VAT will be chargeable on all services provided by us in the United Kingdom at the current rate for the relevant service at the time it was provided, which will be as stated on the invoice. Terms for the settlement of our fees also apply to settlement of the VAT element.
Current Fees: For the year ending 1stDecember 2018 the following fees apply unless otherwise agreed in writing:
Partner Rate: £200 per hour Employee Rate: £120 per hour