Paginator Limited – Terms of Business

Thank you for instructing Paginator Limited, and for taking the time to read these Terms. They provide a legal, and operational, basis and backcloth to our work for you. Please raise any questions and concerns which you may have regarding the Terms with us so that we can ensure a clear and agreed basis for our work for you. In the absence of any contrary agreement between us these Terms will form the legal basis on which we work for you.

YOUR PARTICULAR ATTENTION IS DRAWN TO CLAUSES 9 and 11 AS THESE CLAUSES CONTAIN LIMITATIONS ON OUR LIABILITY TO YOU

Information about Paginator Limited

Paginator Limited is a private company limited by shares and was incorporated under the Companies Act 2006 on 14 June 2011 with company number 7669385. Its registered office is at “Otterton”, Church Road, Newtown, Hampshire PO17 6LE.

Please note that Malcolm Padgett is a retired Solicitor but, in providing services to you on behalf of Paginator Limited, he does not practise as such. Accordingly his conduct of business is not regulated by the Solicitor’s Regulation Authority.

Paginator Limited maintains professional indemnity insurance in respect of all our services to you; please ask if you require further information as to our cover.

In these Terms references to “us” or “our” are to Paginator Limited.

Our Trading Address and Bank Details

Paginator Limited
10 High Street
Fareham PO16 7AN

Tel: 01329 284599
E: Malcolm@paginator.co.uk

National Westminster Bank plc
Sort Code: 52-41-32
Account Name: Paginator Limited
Account Number: 45928215

1. Our work for you

We can accept instructions from you for advice and representation on the law of England and Wales only.

If, in the course of carrying out instructions on a matter, we consider it to be in your best interests that additional or expert advice is obtained by us from a third party, we will promptly notify you that this is our opinion. We will only seek such advice with your prior written consent.

If there is any aspect of our service to you with which you are unhappy, please raise this with Malcolm Padgett at the earliest opportunity. In the unlikely event of him being unable to resolve your concerns then please contact Anne Morgan at our Trading Address or on anne@paginator.co.uk, in writing, to formally notify your concern or complaint – so that you, and she, can endeavour to resolve any problem you may experience.

2. Our fees

Whenever possible we will agree with you a fixed fee (to include advanced retainer and subscription fees) before undertaking any work we will be doing for you. If this is not possible, or appropriate, we will agree an estimate or budget of the likely costs of the work we will be doing for you, and will place an upper limit on the amount of fees for which you will be liable. In such cases we will notify you if that upper limit is about to be reached so that you can decide whether or not you wish us to carry out further work on your behalf. If, because of the nature of the work, we cannot arrange a fixed fee, nor give such an estimate or budget, we will inform you of this, and tell you how the fees will be calculated.

We will always tell you if any difficulties arise, or other events occur, which make it necessary to review the any estimate or budget.

Generally, any fee we agree with you will include all or any expenses incurred by us, but where this is not the case, we will notify you of this in advance and agree this with you. Where agreed, such expenses will be shown separately on your bill.

All fees are quoted exclusive of VAT, which will be charged in addition if you are liable to pay VAT. We will add VAT to our charges at the rate that applies at the relevant tax point for VAT purposes – usually the date of the bill. We will render bills at such times as we agree with you – failing which they will be delivered at monthly intervals.

Unless otherwise agreed, payment of our bills is due within 30 days of the date of each bill.

We cannot accept payment of fees from third parties, save from service companies providing administration or payment services on your behalf, and where that company is within the same group as your company.

In the event of any bill not having been paid within 90 days of being issued by us, we reserve the right to suspend work and to decline to act any further in relation to any or all of your matters. If payment is not made within 60 days of the date of our bill interest may be charged on a daily basis at 5% over National Westminster Bank plc base rate from time to time, from the date of the bill until payment.

3. Client Monies

We cannot accept, nor hold, money on your behalf.

4. Financial Services

Paginator Limited is not authorised by the FCA. Whilst we are competent to advise in relation to legal, regulatory, compliance and training matters related to financial services, we are not authorised to undertake any regulated activity.

5. Tax Advice

We are not qualified to advise you on the tax implications of any transaction about which you may instruct us, nor the likelihood of them arising. If you have any need for tax advice, please raise this with us immediately.

6. Storage of papers and documents

After completing our work for you we will retain our file for such period as we consider reasonable, but would recommend that you also retain any papers which you believe may be required by you arising from the work we have undertaken for you.

7. Communication by Electronic Mail

We will aim to communicate with you by such method as you request. You should be aware that e-mail and other modes of electronic &/or internet communication are not necessarily instantaneous or secure forms of communication, and information sent in this way can be intercepted, lost, destroyed or be incomplete. Also communications by a mobile phone are not secure. If you do not want us to communicate with you by e-mail, fax or mobile phone, please let us know.

8. Data Protection

We are committed to the confidentiality of all information you share with us. We are registered with the Data Protection Registrar under Registration number Z2818357 and undertake to comply at all times with all relevant requirements of UK Data Protection legislation. We will hold and use information about you so that we can deal with your matter, and also to meet our own legal and regulatory obligations. For further information please see our Data Privacy Statement which is available upon request or by visiting our website.

9. Claims and Liability

We take our professional responsibility to you very seriously. We are, however, a relatively small business trading with limited liability, and a condition of our work for you is that you agree:-

• that, with regard to any matter we undertake for you (whether on the basis of contract, negligence or other tort, breach of duty, misrepresentation or otherwise whatsoever) any claim may be made, only by you, and only against Paginator Limited. The maximum liability which Paginator Limited may have to you in respect of any claim or liability whatsoever (whether on the basis of contract, negligence or other tort, breach of duty, misrepresentation or otherwise) shall be limited to £250,000 in respect of any one claim (except in respect of any death or personal injury caused by our negligence);

• not to bring any claim against any of our employees in respect of loss or damage suffered by you out of, or in connection with our services (including but not limited to delay or non-performance of our services). This restriction will not operate to limit or exclude the liability of Paginator Limited for the acts or omissions of any employee. It is agreed that any employee will have the right to enforce this clause pursuant to the Contracts (Rights of Third Parties) Act 1999.

The provisions of this clause 9 shall continue to apply notwithstanding any termination of our engagement by you.

10. Conflicts of Interest

We have procedures in place to ensure that conflict checks are carried out whenever undertaking work for you. If an issue arises we will discuss it with you as soon as possible. Our conflict procedures help us fulfil our professional obligation not to act for one client in a matter where there is an actual (or significant risk) of a conflict with the interests of another client for whom we are already acting. If at any time you become aware of an actual or potential conflict of interest, please raise it with us immediately.

11. Termination

Save in respect of pre-paid retainer or subscription services, you may terminate your instructions to us in writing at any time, but we will be entitled to keep all your papers and documents while there is money owing to us for our charges and expenses. If, at any stage, you do not wish us to continue doing any work and/or incurring any further charges or expenses on your behalf, you must tell us this clearly in writing. We are entitled to charge for all work up to our receipt of notification and are not required to make any refund in the case of pre-paid retainer or subscription services.

We may decide to stop acting for you only with good reason, for example if continuing to provide our services would be impractical, unethical or unlawful, or if you fail to pay a bill within 90 days of the date of our bill.

12. Our Contract with You

If you give us instructions on your matter you are agreeing to accept these Terms, and that they form a contract between you and us. You cannot pass your rights under this contract to anyone else. These Terms will also continue to apply to any future instructions on this or any other matter. We may vary these Terms from time to time, but where we intend to do so, we will give you reasonable notice.

………………………………………………

M.E. Padgett
Director
For and on behalf of Paginator Limited