Terms and Conditions of Business

Terms and Conditions of Business

Terms of Business for mis-sold Packaged Bank Account, Payment Protection Insurance and Flight Delay claims.

Please ensure that you read and understand our terms of business.
This agreement is made between OpenDoor, which is a trading style of OpenDoor (Legal Services) Ltd, SRA number: 607880 (referred to in this agreement as “OD”, “us” or “we”) and The Policyholder/customer, (referred to in this agreement as “you” or “your”). “Provider” refers to the bank/lender/IFA/airline or any party paying compensation. “Flight claim” relates to a claim for compensation in relation to a delayed or cancelled flight.
Our VAT number is: 887126196

1. OUR SERVICE

1. Our services are provided by experienced claims handlers who are supervised by qualified solicitors and are fully regulated by the Solicitors Regulation Authority (SRA). These services are internally audited from time to time, to ensure compliance with the SRA Code of Conduct. Our professional rules can be found at www.sra.org.uk.
2. We operate an Equality & Diversity policy and comply with the Equality Act at all times. If you would like a copy of our policy or would like us to provide any information to you in another format (larger print, etc) or language please let us know as soon as possible.
3. You have instructed us to investigate and pursue claims for compensation by way of refund, against providers with whom you have monetary accounts and whom may have mis-sold you financial products linked with these accounts. The accounts we may investigate on your behalf include, but are not limited to, bank accounts, credit cards, store cards, catalogue accounts, loans, finance agreements and certain mortgage products. Alternatively, you have instructed us to pursue a flight claim(s) to recover compensation and/or associated losses from an airline in connection with a delayed and/or cancelled flight.
4. We will consider whether the financial products submitted for review have been sold fairly and whether the provider(s) of those products has/have acted in breach of contract or its/their duty of care. This will also include any potential further financial mis-selling claims that we discover on your behalf. In the case of flight claims, we will consider whether your complaint meets the criteria required for compensation. We will submit to the provider of the financial product, or the airline, claims identified as suitable for review, and negotiate with the provider to secure compensation in respect of those products that we can identify as having been mis-sold, or due compensation as a result of a delayed or cancelled flight of greater than 3 hours.
5. We will inform you of any offer of settlement made in respect of the claim(s) submitted for review and advise you whether we consider the offer(s) to be fair and reasonable, and if so, we will recommend that you accept.
6. If you decide to reject a fair and reasonable offer, or our recommendations, we will not be under any obligation to continue to act for you in respect of that particular claim but will be entitled to charge our fees (as detailed below).
7. The services that we provide are covered by professional indemnity insurance (see clause 7 below in relation to liability); if you would like details of our policy please contact Emma Willis, Dirdector and Head of Legal Practice.

2. SUCCESS AND FEES

1. We will be considered to have been successful if you receive any “compensation” or “offer of compensation” from the provider in respect of the financial claim or flight claim submitted for you including any further financial mis-selling claims that we discover on your behalf.
2. The total amount of “compensation” will be the full value of monies and/or benefits offered by the provider whether as compensation, a gesture of goodwill, policy refund, policy rebate, discount, off set against any existing debts or liabilities held with that provider, or otherwise arising from the claim process.
3. “Compensation” may be paid to you in various ways, for instance as a lump sum payment, payments by cheque, off set against any existing debts held with that provider or payment to us.
4. We will as promptly as possible following the settlement of a claim and the payment of compensation to us, pay the balance to you after deducting our outstanding fee(s).We will pay interest on any money held by us for you, for more than a reasonable period of time, unless it is a negligible amount. Our client interest policy is available upon request.
5. If successful in recovering “compensation” for you, our fee is 25% plus VAT of the total gross sum recovered. (2.5.1 is applicable to flight claims, 2.5.2 to 2.5.4 inclusive refer to mis-selling claims). For example;
o 2.5.1. If you were awarded a total of £1,000 compensation which was paid to you by cheque from the provider, our fees would be £250 plus VAT, so £300 in total.
o 2.5.2. If you were awarded a total of £2,000 compensation, where £1,000 was paid to you as a cheque from the provider and a further £1,000 was off set or deducted from an existing debt with that provider (e.g. loan, credit card, overdraft), our fees would be £500 plus VAT, so £600 in total.
o 2.5.3. If you were awarded a total of £1,200 compensation, whereby the full £1,200 was off set or deducted from an existing debt with that provider (e.g. loan, credit card, and overdraft), our fees would be £300 plus VAT, so £360 in total.
o 2.5.4. If you were awarded a total of £1,000 compensation, whereby the £1,000 was paid direct to us, we will forward to you the full amount of compensation less the agreed fee of 25% plus VAT. In this example our fees would be £250 plus VAT, so £300 in total. Therefore the amount we would send you would be £700.
o 2.5.5. Disbursements will not be charged under this arrangement.
6. The “Compensation” payment may include an element of interest. If so, pursuant to HMRC rules, you are liable to pay tax at the rate of 20% on that amount of interest which will be deducted by the provider. For example, you receive £1,000 compensation, and included within that amount is £100 interest. The provider will deduct £20 (£100 x 20%) from your overall compensation payment and pay this to HMRC on your behalf. Further information can be obtained from the HM Revenue and Customs website: www.hmrc.gov.uk.
7. Where money is held in a designated client account we will account to you for all the interest earned on that account (net of any tax deducted at source). Where money is held in a general client account (or money under our control which should have been held in a client account but was not) we will account to you for interest when it is fair and reasonable to do so in all the circumstances. Due to the administrative costs involved we will not pay interest if the sum calculated is less than [£ 20] in total for the full period during which we hold your money in client account.

3. PAYMENT OF FEES

1. You must pay our fee and such payments must be made no later than 14 days after you receive the compensation. You remain responsible for payment of our fees in full, whether or not you are contacted by us.
2. If you fail to make a payment of our fees in full, or fail to come to an arrangement for payment which is acceptable to us, we reserve the right to pursue recovery of those fees. This may result in legal proceedings being issued against you.
3. We will include a claim for legal costs and interest, which we incur in recovering any fees due from you to us under this agreement and will do so whether or not any claim we make against you is allocated to the small claims track, so that any legal costs will be summarily assessed and added to the amount of any judgment against you. If payment is not received we reserve the right to cease work until payment is received and/or charge interest of [0.5 %] over the current Barclays Bank base rate on the amount owed, calculated from the date of the invoice to the date payment is received.
4. If you have entered into a debt management plan we reserve the right to contact your debt management plan provider and request to be added as a provider to that plan, in the event that our outstanding fees are not paid to us in full.
5. We may exercise a lien on your file if you do not pay our bills; this means that we may retain your file until such time as our bill is paid.
6. Our policy is not to accept cash from clients. If you try to avoid this policy by depositing cash directly with our bank, we may decide to charge you for any additional checks we consider are necessary to prove the source of the funds. Where we have to pay money to you, it will be paid by cheque or bank transfer. It will not be paid in cash or to a third party.
7. If, for any reason you disagree with our invoice, then please notify us, and we will treat this as a complaint within our complaints procedure. Your rights are contained more fully within Part III of the Solicitors Act 1974,and in accordance with Chapter 1 of the SRA Code of Conduct

4. YOUR OBLIGATIONS

1. We can only act for you in an effective manner if we have your full co-operation and accordingly you agree that you will;
2. Provide any all necessary documents relating to the financial product or other claim, which we may request from you from time to time;
3. Reply promptly to all correspondence and other communications from us including requests for information;
4. Provide truthful and accurate answers and provide full information in response to all requests from us;
5. Give us the right to deal exclusively with your claim, unless otherwise agreed in writing by you and us;
6. Advise us of any contact or correspondence received directly from the Provider;

5. CANCELLATION

1. You have the right to terminate this agreement without charge by giving written notice to us within 14 days from the date of this agreement, the “cooling off period”. However, if you have given us written authority to commence work within the cooling off period and then cancel you will be charged for any work undertaken up to the time you cancel your instructions.
2. If you terminate this agreement after the “cooling off period” but before any offer has been received we will invoice you a cancellation charge of £250 plus VAT, to reflect a proportion of the work undertaken by us in pursuit of your claim.
3. If you terminate this agreement after 14 days from “the cooling off period”, and, you have received compensation or an offer of compensation, we will invoice you the full charge of 25% plus VAT of the value of the (individual) claim(s) pursued.
4. We can cancel this agreement at any time and no fee will be payable by you if we think there are no grounds for a claim or that your claim is unlikely to succeed.
5. We shall have the right to terminate this agreement immediately by giving you written notice if:
o 5.5.1. There occurs any material breach by you of any term of this agreement which is not remedied to our satisfaction within 15 days of a written notice by the Company specifying the breach and requiring it to be remedied; or
o 5.5.2. you (or either of you ) are adjudicated bankrupt; or
o 5.5.3. you do not follow a recommendation that we make
o 5.6. Cancellation of this agreement must be done in writing using the prescribed form provided.

 

6. COMPLAINTS

1. OpenDoor (Legal Services) Ltd and its trading styles are committed to high quality legal advice and client care. If you are unhappy about any aspect of the service or the invoice, please contact the person handling your claim, or his/her supervisor, in the first instance (by email, telephone or letter). The complaint will be acknowledged within 3 days of receipt. Alternatively, you may write to the The Complaints Manager, OpenDoor, Jackson House, Sibson Road, Sale, M33 7RR.
2. We have an internal complaints procedure, including details of your right to complain to the Legal Ombudsman and how to do this. This will be forwarded to you with the acknowledgement, and is available at; www.open-door.co.uk
3. Your complaint will be recorded within a central register for monitoring purposes. The complaint will be discussed with the member of staff having conduct of your matter, and, following that, will be independently reviewed. We may need to seek further clarification from you, but in any event, will send you a detailed, written reply to your complaint including suggestions for resolution, within 21 days. If we are unable to reply within this timescale we will let you know. We have 8 weeks to consider your complaint. If we have not resolved it within this time, you may complain to the Legal Ombudsman.
4. If you are not satisfied with the handling of your complaint you can ask the Legal Ombudsman at: PO Box 6806, Wolverhampton, WF1 9WJ to consider the complaint. Normally, you will need to bring a complaint to the Legal Ombudsman within 6 months of receiving a final written response from us about your complaint or within 6 years of the act or omission about which you are complaining occurring (or if outside of this period, within 3 years of when you became aware of it). For further information you should contact the Legal Ombudsman or refer to www.legalombudsman.org.uk

7. LIABILITY

1. For the purposes of this matter, you should be aware that the aggregate liability of OpenDoor (Legal Services) Ltd and its trading styles (including as a result of our negligence) for loss or damage arising from or in connection with the services provided, shall be limited to the sum of £3,000,000 excluding costs and interest, and is fully provided for within a Solicitors Professional Indemnity Insurance Policy.

8. ASSIGNMENT

1. We may assign any of our rights under these terms, and you will be provided with appropriate notice in writing.
2. You may not assign any of your rights or obligations under these terms without our agreement in writing.

9. FINANCIAL SERVICES

The legal services we provide meet the criteria set out in Part 20 of the FMSA 2000 (Provision of Financial Services by Members of the Professions) and are exempt from the need to hold consumer credit permission from the Financial Conduct Authority (FCA) or to be regulated by the FCA.

10. DATA PROTECTION AND CONFIDENTIALITY

1. We will use the data that you provide to assess whether the claims you have submitted for review are eligible for a refund in respect of mis-sold financial products and/or compensation as a result of a flight claim and contact you directly with the best course of action to suit your individual circumstances once the initial evaluation of each claim has taken place.
2. If you express an interest in any products or services that are not available through us, with your express consent, we may pass the data that you provide to carefully selected and regulated third parties for this purpose. The information held by us may also be used for other purposes for which you give your specific permission or, in very limited circumstances, when required by law or where permitted under the terms of the Data Protection Act 1998. You have a legal right, upon payment of a fee, to receive a copy of the information we hold about you, if you apply to us in writing. Upon acceptance of these terms, you instruct us to act on your behalf to review your claims and try to secure payment of compensation in respect of your claims.
3. As detailed within Chapter 4 of the SRA Code of Conduct, we are bound by a duty of confidentiality towards you as our client. Any information which we obtain from you while providing our services, which is not in the public domain, will be treated as confidential. On rare occasions, we may be required to disclose information to relevant regulatory authorities, or under rules of professional conduct. In such cases, we would (where both permissible and practicable) inform you of the request or requirement for disclosure. We will not use information confidential to you for the advantage of a third party and, conversely, you accept that we will not use confidential information obtained from any other person to your advantage.
4. External firms or organisations may conduct audit or quality checks on our practice. These external firms or organisations are required to maintain confidentiality in relation to your files. If you do not wish to have your files audited please let us know.
5. Sometimes we may ask other companies or people to do typing/photocopying/other work on our files to ensure that this is done promptly. We will always seek a confidentiality agreement with these outsourced providers. If you do not want your file to be outsourced, please tell us as soon as possible.
6. You agree that we are authorised to disclose that you are our client and that we have acted for you on any matter where information on that matter is in the public domain or in any other matter where you consent to such disclosure.
7. Subject to these terms, we may use your personal information for marketing our services, providing you with legal updates and profiling your legal and professional requirements. We may, with your prior consent, disclose your information to various associated companies within the One Advice Group, and to external providers of services such as document production. We may keep your information for a reasonable period to contact you about our services in the future. A copy of our confidentiality policy is available upon request.
8. After completing the work we will keep your file in accordance with the Data Protection Act for up to7 years, except those papers that you ask to be returned to you. We keep files on the understanding that we can destroy them 7 years after the date of the final bill. We will not destroy documents you ask us to deposit in safe custody. If we take papers or documents out of storage in relation to continuing or new instructions to act for you, we will not normally charge for such retrieval. However, we may charge you for both time spent producing stored papers that are requested, reading correspondence or other work necessary to comply with your instructions in relation to the retrieved papers.
9. If you are a client and we have made a contract with you by electronic means (website, email, etc.) you may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. This service may be found at http://ec.europa.eu/odr. Our email address is hello@open-door.co.uk

11. CLIENT IDENTIFICATION

1. We are bound by the Proceeds of Crime Act 2002, and corresponding Anti Money Laundering Regulations (together “the Regulations”). Under the Regulations we may, if required, need to verify your identity, before we can provide you with any services, which may include the use of third-party online identity and credit checking services.
Terms of Business For Professional Deputies
Please ensure that you read and understand our terms of business.
This agreement is made between OpenDoor a trading style of OpenDoor (Legal Services) Ltd, SRA number: 607880 (referred to in this agreement as “us” or “we”) and the Professional Deputy, (referred to in this agreement as “you” or “your”).
Our VAT number is: 887126196

1. OUR SERVICE

1. Our services are provided by experienced and qualified solicitors and are fully regulated by the Solicitors Regulation Authority (SRA). These services are internally audited from time to time, to ensure compliance with the SRA Code of Conduct. Our professional rules can be located at www.sra.org.uk
2. We operate an Equality & Diversity policy and comply with the Equality Act at all times. If you would like a copy of our policy or would like us to provide any information to you in another format (larger print, etc) or language please let us know as soon as possible.
3. You have instructed us to provide you with our Professional Deputy Service.
4. The services that we provide are covered by professional indemnity insurance (see clause 7 below in relation to liability); if you would like details of our policy please contact Emma Willis, Director and Head of Legal Practice.

2. FEES

1. Our fees are fixed and are based on the level of service you require; and are detailed within your client retainer letter. In addition, see our Professional Deputy Service Brochure on our website for further details,
2. Where money is held in a designated client account we will account to you for all the interest earned on that account (net of any tax deducted at source. Where money is held in a general client account (or money under our control which should have been held in a client account but was not), we will account to you for interest when it is fair and reasonable to do so in all the circumstances. Due to the administrative costs involved we will not pay interest if the sum calculated is less than £20.00 in total for the full period during which we hold your money in client account.

3. PAYMENT OF FEES

1. You must pay our fees and such payments must be made no later than 14 days after the date of our invoice. You remain responsible for payment of our fees in full, whether or not you are contacted by us.
2. If you fail to make a payment of our fees in full, or fail to come to an arrangement for payment which is acceptable to us, we reserve the right to pursue recovery of those fees. This may result in legal proceedings being issued against you.
3. We will include a claim for legal costs and interest, which we incur in recovering any fees due from you to us under this agreement and will do so whether or not any claim we make against you is allocated to the small claims track, so that any legal costs will be summarily assessed and added to the amount of any judgment against you. If payment is not received we reserve the right to cease work until payment is received and/or charge interest of [0.5 %] over the current Barclays Bank base rate on the amount owed calculated from the date of the invoice to the date payment is received.
4. We may exercise a lien on your file if you do not pay our bills; this means that we may retain your file until such time as our bill is paid.
5. Our policy is not to accept cash from clients. If you try to avoid this policy by depositing cash directly with our bank, we may decide to charge you for any additional checks we decided are necessary to prove the source of the funds. Where we have to pay money to you, it will be paid by cheque or bank transfer. It will not be paid in cash or to a third party.
6. If, for any reason you disagree with our invoice, then please notify us, and we will treat this as a complaint within our complaints procedure. Your rights are contained more fully within Part III of the Solicitors Act 1974,and in accordance with Chapter 1 of the SRA Code of Conduct

4. YOUR OBLIGATIONS

1. We can only act for you in an effective manner if we have your full co-operation and accordingly you agree that you will;
2. Provide all necessary documents which we may request from you from time to time;
3. Reply promptly to all correspondence and other communications from us including requests for information;
4. Provide truthful and accurate answers and provide full information in response to all requests from us;

5. CANCELLATION

1. You have the right to terminate this agreement without charge by giving written notice to us within 14 days from the date of this agreement, the “cooling off period”. However, if you have given us written authority to commence work within the cooling off period and then cancel you will be charged for any work undertaken up to the time you cancel your instructions.
2. If you terminate this agreement after the “cooling off period” we will invoice you a cancellation charge of £250 plus VAT, to reflect a proportion of the work undertaken by us.
3. We shall have the right to terminate this agreement immediately by giving you written notice if:
o 5.3.1. There occurs any material breach by you of any term of this agreement which is not remedied to our satisfaction within 15 days of a written notice by the Company specifying the breach and requiring it to be remedied; or
o 5.3.2. you (or any company which employs you, or you are otherwise associated with ) are adjudicated bankrupt; or
o 5.3.3. you do not follow a recommendation that we make
4. Cancellation of this agreement must be done in writing using the prescribed form provided.

6. COMPLAINTS

1. 6.1. OpenDoor is committed to high quality legal advice and client care. If you are unhappy about any aspect of the service or the invoice, please contact the person handling your claim, or his/her supervisor, in the first instance (by email, telephone or letter). The complaint will be acknowledged within 3 days of receipt. Alternatively, you may write to the The Complaint Manager, OpenDoor, Jackson House, Sibson Road, Sale, M33 7RR.
2. We have an internal complaints procedure, including details of your right to complain to the Legal Ombudsman and how to do this. This will be forwarded to you with the acknowledgement, and is available at; www.open-door.co.uk
3. Your complaint will be recorded within a central register for monitoring purposes. The complaint will be discussed with the member of staff having conduct of your matter, and, following that, will be independently reviewed. We may need to seek further clarification from you, but in any event, will send a detailed, written reply to your complaint including suggestions for resolution, within 21 days. If we are unable to reply within this timescale we will let you know. We have 8 weeks to consider your complaint. If we have not resolved it within this time, you may complain to the Legal Ombudsman.
4. If you are not satisfied with the handling of your complaint you can ask the Legal Ombudsman at: PO Box 6806, Wolverhampton, WF1 9WJ to consider the complaint. Normally, you will need to bring a complaint to the Legal Ombudsman within 6 months of receiving a final written response from us about your complaint or within 6 years of the act or omission about which you are complaining occurring (or if outside of this period, within 3 years of when you became aware of it). For further information you should contact the Legal Ombudsman or refer to www.legalombudsman.org.uk

7. LIABILITY

1. For the purposes of this matter, you should be aware that the aggregate liability of OpenDoor (including as a result of our negligence) for loss or damage arising from or in connection with the services provided, shall be limited to the sum of £3,000,000 excluding costs and interest, and is fully provided for within a Solicitors Professional Indemnity Insurance Policy.

8. ASSIGNMENT

1. We may assign any of our rights under these terms, and you will be provided with appropriate notice in writing.
2. You may not assign any of your rights or obligations under these terms without our agreement in writing.

9. FINANCIAL SERVICES

1. The legal services we provide meet the criteria set out in Part 20 of the FMSA 2000 (Provision of Financial Services by Members of the Professions) and are exempt from the need to hold consumer credit permission from the Financial Conduct Authority (FCA) or to be regulated by the FCA.

10. DATA PROTECTION AND CONFIDENTIALITY

1. We will use the data that you provide to us in relation to the provision of the Professional Deputy Service.
2. If you express an interest in any products or services that are not available through us, with your express consent, we may pass the data that you provide to carefully selected and regulated third parties for this purpose. The information held by us may also be used for other purposes for which you give your specific permission or, in very limited circumstances, when required by law or where permitted under the terms of the Data Protection Act 1998. You have a legal right, upon payment of a fee, to receive a copy of the information we hold about you, if you apply to us in writing. Upon acceptance of these terms, you instruct us to act on your behalf to review your claims and try to secure payment of compensation in respect of your claims.
3. As detailed within Chapter 4 of the SRA Code of Conduct, we are bound by a duty of confidentiality towards you as our client. Any information which we obtain from you while providing our services, which is not in the public domain, will be treated as confidential. On rare occasions, we may be required to disclose information to relevant regulatory authorities, or under rules of professional conduct. In such cases, we would (where both permissible and practicable) inform you of the request or requirement for disclosure. We will not use information confidential to you for the advantage of a third party and, conversely, you accept that we will not use confidential information obtained from any other person to your advantage.
4. External firms or organisations may conduct audit or quality checks on our practice. These external firms or organisations are required to maintain confidentiality in relation to your files. If you do not wish to have your files audited please let us know.
5. Sometimes we may ask other companies or people to do typing/photocopying/other workon our files to ensure that this is done promptly. We will always seek a confidentiality agreement with these outsourced providers. If you do not want your file to be outsourced, please tell us as soon as possible.
6. You agree that we are authorised to disclose that you are our client and that we have acted for you on any matter where information on that matter is in the public domain or in any other matter where you consent to such disclosure.
7. Subject to these terms, we may use your personal information for marketing our services, providing you with legal updates and profiling your legal and professional requirements. We may, with your prior consent, disclose your information to various associated companies within the One Advice Group, and to external providers of services such as documentary production. We may keep your information for a reasonable period to contact you about our services in the future. A copy of our confidentiality policy is available upon request.
8. After completing the work we will keep your file in accordance with the Data Protection Act for up to 7 years, except those papers that you ask to be returned to you. We keep files on the understanding that we can destroy them 7 years after the date of the final bill. We will not destroy documents you ask us to deposit in safe custody. If we take papers or documents out of storage in relation to continuing or new instructions to act for you, we will not normally charge for such retrieval. However, we may charge you for both time spent producing stored papers that are requested, reading correspondence or other work necessary to comply with your instructions in relation to the retrieved papers.
9. If you are a client and we have made a contract with you by electronic means (website, email, etc.) you may be entitled to use an EU onlinedispute resolution service to assist with any contractual dispute you may have with us. This service may be found at http://ec.europa.eu/odr. Our email address is hello@open-door.co.uk

 

11. CLIENT IDENTIFICATION

1. We are bound by the Proceeds of Crime Act 2002, and corresponding Anti Money Laundering Regulations (together “the Regulations”). Under the Regulations we may, if required, need to verify your identity, before we can provide you with any services, which may include the use of third-party online identity and credit checking services.
Terms of Business for Non-Professional Deputies
Please ensure that you read and understand our terms of business.
This agreement is made between OpenDoor a trading style of OpenDoor (Legal Services) Ltd SRA number: 607880 (referred to in this agreement as “us” or “we”) and the non- Professional Deputy, (referred to in this agreement as “you” or “your”).
Our VAT number is: 887126196

1. OUR SERVICE

1. Our services are provided by experienced and qualified solicitors and are fully regulated by the Solicitors Regulation Authority (SRA). These services are internally audited from time to time, to ensure compliance with the SRA Code of Conduct. Our professional rules can be located at www.sra.org.uk
2. We operate an Equality & Diversity policy and comply with the Equality Act at all times. If you would like a copy of our policy or would like us to provide any information to you in another format (larger print, etc) or language please let us know as soon as possible.
3. You have instructed us to provide you with our services in relation to non- Professional Deputies.
4. The services that we provide are covered by professional indemnity insurance (see clause 7 below in relation to liability); if you would like details of our policy please contact Emma Willis, Director and Head of Legal Practice.

2. FEES

1. Our fees are fixed and are based on the level of service you require; and are detailed within your client retainer letter. In addition, see our brochure for non- Professional Deputies on our website for further details,
2. Where money is held in a designated client account we will account to you for all the interest earned on that account (net of any tax deducted at source. Where money is held in a general client account (or money under our control which should have been held in a client account but was not), we will account to you for interest when it is fair and reasonable to do so in all the circumstances. Due to the administrative costs involved we will not pay interest if the sum calculated is less than £20.00 in total for the full period during which we hold your money in client account.

3. PAYMENT OF FEES

1. You must pay our fees and such payments must be made no later than 14 days after the date of our invoice. You remain responsible for payment of our fees in full, whether or not you are contacted by us.
2. If you fail to make a payment of our fees in full, or fail to come to an arrangement for payment which is acceptable to us, we reserve the right to pursue recovery of those fees. This may result in legal proceedings being issued against you.
3. We will include a claim for legal costs and interest, which we incur in recovering any fees due from you to us under this agreement and will do so whether or not any claim we make against you is allocated to the small claims track, so that any legal costs will be summarily assessed and added to the amount of any judgment against you. If payment is not received we reserve the right to cease work until payment is received and/or charge interest of [0.5 %] over the current Barclays Bank base rate on the amount owed calculated from the date of the invoice to the date payment is received.
4. We may exercise a lien on your file if you do not pay our bills; this means that we may retain your file until such time as our bill is paid.
5. Our policy is not to accept cash from clients. If you try to avoid this policy by depositing cash directly with our bank, we may decide to charge you for any additional checks we consider are necessary to prove the source of the funds. Where we have to pay money to you, it will be paid by cheque or bank transfer. It will not be paid in cash or to a third party.
6. If, for any reason you disagree with our invoice, then please notify us, and we will treat this as a complaint within our complaints procedure. Your rights are contained more fully within Part III of the Solicitors Act 1974,and in accordance with Chapter 1 of the SRA Code of Conduct

4. YOUR OBLIGATIONS

1. We can only act for you in an effective manner if we have your full co-operation and accordingly you agree that you will;
2. Provide all necessary documents which we may request from you from time to time;
3. Reply promptly to all correspondence and other communications from us including requests for information;
4. Provide truthful and accurate answers and provide full information in response to all requests from us;

5. CANCELLATION

1. You have the right to terminate this agreement without charge by giving written notice to us within 14 days from the date of this agreement, the “cooling off period”. However, if you have given us written authority to commence work within the cooling off period and then cancel you will be charged for any work undertaken up to the time you cancel your instructions.
2. If you terminate this agreement after the “cooling off period” we will invoice you a cancellation charge of £250 plus VAT, to reflect a proportion of the work undertaken by us.
3. We shall have the right to terminate this agreement immediately by giving you written notice if:
o 5.3.1. There occurs any material breach by you of any term of this agreement which is not remedied to our satisfaction within 15 days of a written notice by the Company specifying the breach and requiring it to be remedied; or
o 5.3.2. you (or any company which you are associated with ) are adjudicated bankrupt or enter into an Individual Voluntary Arrangement or
o 5.3.3. you do not follow a recommendation that we make
4. Cancellation of this agreement must be done in writing using the prescribed form provided.

6. COMPLAINTS

1. OpenDoor is committed to high quality legal advice and client care. If you are unhappy about any aspect of the service or the invoice, please contact the person handling your claim, or his/her supervisor, in the first instance (by email, telephone or letter). The complaint will be acknowledged within 3 days of receipt. Alternatively, you may write to the The Complaints Manager, OpenDoor, Jackson House, Sibson Road, Sale, M33 7RR.
2. We have an internal complaints procedure, including details of your right to complain to the Legal Ombudsman and how to do this. This will be forwarded to you with the acknowledgement, and is available at; www.open-door.co.uk
3. Your complaint will be recorded within a central register for monitoring purposes. The complaint will be discussed with the member of staff having conduct of your matter, and, following that, will be independently reviewed. We may need to seek further clarification from you, but in any event, will send a detailed, written reply to your complaint including suggestions for resolution, within 21 days. If we are unable to reply within this timescale we will let you know. We have 8 weeks to consider your complaint. If we have not resolved it within this time, you may complain to the Legal Ombudsman.
4. If you are not satisfied with the handling of your complaint you can ask the Legal Ombudsman at: PO Box 6806, Wolverhampton, WF1 9WJ to consider the complaint. Normally, you will need to bring a complaint to the Legal Ombudsman within 6 months of receiving a final written response from us about your complaint or within 6 years of the act or omission about which you are complaining occurring (or if outside of this period, within 3 years of when you became aware of it). For further information you should contact the Legal Ombudsman or refer to www.legalombudsman.org.uk

7. LIABILITY

1. For the purposes of this matter, you should be aware that the aggregate liability of OpenDoor (including as a result of our negligence) for loss or damage arising from or in connection with the services provided, shall be limited to the sum of £3,000,000 excluding costs and interest, and is fully provided for within aSolicitors Professional Indemnity Insurance Policy.

8. ASSIGNMENT

1. We may assign any of our rights under these terms, and you will be provided with appropriate notice in writing.
2. You may not assign any of your rights or obligations under these terms without our agreement in writing.

9. FINANCIAL SERVICES

1. The legal services we provide meet the criteria set out in Part 20 of the FMSA 2000 (Provision of Financial Services by Members of the Professions) and are exempt from the need to hold consumer credit permission from the Financial Conduct Authority (FCA) or to be regulated by the FCA.

10. DATA PROTECTION AND CONFIDENTIALITY

1. We will use the data that you provide to us in relation to the provision of the Professional Deputy Service.
2. If you express an interest in any products or services that are not available through us, with your express consent, we may pass the data that you provide to carefully selected and regulated third parties for this purpose. The information held by us may also be used for other purposes for which you give your specific permission or, in very limited circumstances, when required by law or where permitted under the terms of the Data Protection Act 1998. You have a legal right, upon payment of a fee, to receive a copy of the information we hold about you, if you apply to us in writing. Upon acceptance of these terms, you instruct us to act on your behalf to review your claims and try to secure payment of compensation in respect of your claims.
3. As detailed within Chapter 4 of the SRA Code of Conduct, we are bound by a duty of confidentiality towards you as our client. Any information which we obtain from you while providing our services, which is not in the public domain, will be treated as confidential. On rare occasions, we may be required to disclose information to relevant regulatory authorities, or under rules of professional conduct. In such cases, we would (where both permissible and practicable) inform you of the request or requirement for disclosure. We will not use information confidential to you for the advantage of a third party and, conversely, you accept that we will not use confidential information obtained from any other person to your advantage.
4. External firms or organisations may conduct audit or quality checks on our practice. These external firms or organisations are required to maintain confidentiality in relation to your files. If you do not wish to have your files audited please let us know.
5. Sometimes we may ask other companies or people to do typing/photocopying/other work on our files to ensure that this is done promptly. We will always seek a confidentiality agreement with these outsourced providers. If you do not want your file to be outsourced, please tell us as soon as possible.
6. You agree that we are authorised to disclose that you are our client and that we have acted for you on any matter where information on that matter is in the public domain or in any other matter where you consent to such disclosure.
7. Subject to these terms, we may use your personal information for marketing our services, providing you with legal updates and profiling your legal and professional requirements. We may, with your prior consent, disclose your information to various associated companies within the One Advice Group, and to external providers of services such as document production. We may keep your information for a reasonable period to contact you about our services in the future. A copy of our confidentiality policy is available upon request.
8. After completing the work we will keep your file in accordance with the Data Protection Act for up to 7 years, except those papers that you ask to be returned to you. We keep files on the understanding that we can destroy them 7 years after the date of the final bill. We will not destroy documents you ask us to deposit in safe custody. If we take papers or documents out of storage in relation to continuing or new instructions to act for you, we will not normally charge for such retrieval. However, we may charge you for both time spent producing stored papers that are requested, reading correspondence or other work necessary to comply with your instructions in relation to the retrieved papers.
9. If you are a client and we have made a contract with you by electronic means (website, email, etc.) you may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. This service may be found at http://ec.europa.eu/odr. Our email address is hello@open-door.co.uk

11. CLIENT IDENTIFICATION

1. We are bound by the Proceeds of Crime Act 2002, and corresponding Anti Money Laundering Regulations (together “the Regulations”). Under the Regulations we may, if required, need to verify your identity, before we can provide you with any services, which may include the use of third-party online identity and credit checking services.
Terms of Business for Retrospective Health Care Claim Services
Please ensure that you read and understand our terms of business.
This agreement is made between OpenDoor, which is a trading style of OpenDoor (Legal Services) Ltd, SRA number: 607880 (referred to in this agreement as “OD”, “us” or “we”) and the Client, (referred to in this agreement as “you” or “your”).
Our VAT number is: 887126196

1. OUR SERVICE

1. Our services are provided by experienced and qualified solicitors and are fully regulated by the Solicitors Regulation Authority (SRA). These services are internally audited from time to time, to ensure compliance with the SRA Code of Conduct. Our professional rules can be accessed at www.sra.org.uk
2. We operate an Equality & Diversity policy and comply with the Equality Act at all times. If you would like a copy of our policy or would like us to provide any information to you in another format (larger print, etc) or language please let us know as soon as possible.
3. You have instructed us to investigate and pursue a claim for retrospective NHS Continuing Healthcare funding .
4. We will consider whether the client does or did meet the eligibility criteria for NHS Continuing Healthcare or other public funding during a period in which they were self funding their care needs. If we believe that there is or was an eligibility for funding which had not been assessed or had been incorrectly assessed by the NHS or other public body we will submit a claim for a retrospective review of the relevant period and will pursue a refund of the self funded fees paid over any period of eligibility. We will present all relevant evidence in support of this claim.
5. We will inform you of any offer of settlement made in respect of the claim(s) submitted for review and advise you whether we consider the offer(s) to be fair and reasonable, and if so, we will recommend that you accept. If we do not believe that an offer is fair and reasonable we will pursue the dispute resolution procedures which are available in order to try to achieve a successful outcome.
6. If you decide to reject a fair and reasonable offer, or our recommendations, we will not be under any obligation to continue to act for you in respect of that particular claim but will be entitled to charge our fees (as detailed below).
7. The services that we provide are covered by professional indemnity insurance (see clause 7 below in relation to liability); if you would like details of our policy please contact Emma Willis, Director and Head of Legal Practice.

2. SUCCESS AND FEES

We will be considered to have been successful if you receive any “ refund” or “offer of refund” from the NHS or other public body in respect of the claim which we have submitted on your behalf.
1. If successful in recovering a refund for you, our fee is 25% plus VAT of the total gross sum recovered. For example;
o 2.1.1. If you were awarded a total of £1,000 compensation which was paid to you, our fees would be £250 plus VAT,
so £300 in total.
2. Where money is held in a designated client account we will account to you for all the interest earned on that account (net of any tax deducted at source). Where money is held in a general client account (or money under our control which should have been held in a client account but was not) we will account to you for interest when it is fair and reasonable to do so in all the circumstances. Due to the administrative costs involved we will not pay interest if the sum calculated is less than [£ 20] in total for the full period during which we hold your money in client account.

3. PAYMENT OF FEES

1. You must pay our fee and such payments must be made no later than 14 days after you receive the refund. You remain responsible for payment of our fees in full, whether or not you are contacted by us. If you fail to make a payment of our fees in full, or fail to come to an arrangement for payment which is acceptable to us, we reserve the right to pursue recovery of those fees. This may result in legal proceedings being issued against you.
2. We will include a claim for legal costs and interest, which we incur in recovering any fees due from you to us under this agreement and will do so whether or not any claim we make against you is allocated to the small claims track, so that any legal costs will be summarily assessed and added to the amount of any judgment against you. If payment is not received we reserve the right to cease work until payment is received and/or charge interest of [0.5 %] over the current Barclays Bank base rate on the amount owed, calculated from the date of the invoice to the date payment is received.
3. If you have entered into a debt management plan we reserve the right to contact your debt management plan provider and request to be added as a provider to that plan, in the event that our outstanding fees are not paid to us in full.
4. We may exercise a lien on your file if you do not pay our bills; this means that we may retain your file until such time as our bill is paid.
5. Our policy is not to accept cash from clients. If you try to avoid this policy by depositing cash directly with our bank, we may decide to charge you for any additional checks we consider are necessary to prove the source of the funds. Where we have to pay money to you, it will be paid by cheque or bank transfer. It will not be paid in cash or to a third party.
6. If, for any reason you disagree with our invoice, then please notify us, and we will treat this as a complaint within our complaints procedure. Your rights are contained more fully within Part III of the Solicitors Act 1974,and in accordance with Chapter 1 of the SRA Code of Conduct

4. YOUR OBLIGATIONS

1. We can only act for you in an effective manner if we have your full co-operation and accordingly you agree that you will;
2. Provide any all necessary documents relating to the claim, which we may request from you from time to time;
3. Reply promptly to all correspondence and other communications from us including requests for information;
4. Provide truthful and accurate answers and provide full information in response to all requests from us;
5. Give us the right to deal exclusively with your claim, unless otherwise agreed in writing by you and us;
6. Advise us of any contact or correspondence received directly from the NHS or other public body;

5. CANCELLATION

1. You have the right to terminate this agreement without charge by giving written notice to us within 14 days from the date of this agreement, the “cooling off period”. However, if you have given us written authority to commence work within the cooling off period and then cancel you will be charged for any work undertaken up to the time you cancel your instructions.
2. If you terminate this agreement after the “cooling off period” but before any offer has been received we will invoice you a cancellation charge which will be calculated by reference to the Court Guideline Hourly Rates detailed on our website.
3. We can cancel this agreement at any time and no fee will be payable by you if we think there are no grounds for a claim or that your claim is unlikely to succeed.
4. We shall have the right to terminate this agreement immediately by giving you written notice if:
o 5.4.1. There occurs any material breach by you of any term of this agreement which is not remedied to our satisfaction within 15 days of a written notice by the Company specifying the breach and requiring it to be remedied; or
o 5.4.2. you (or either of you ) are adjudicated bankrupt; or
o 5.4.3. you do not follow a recommendation that we make
5. Cancellation of this agreement must be done in writing using the prescribed form provided.

6. COMPLAINTS

1. OpenDoor is committed to high quality legal advice and client care. If you are unhappy about any aspect of the service or the invoice, please contact the person handling your claim, or his/her supervisor, in the first instance (by email, telephone or letter). The complaint will be acknowledged within 3 days of receipt. Alternatively, you may write to the The Complaint Manager, OpenDoor, Jackson House, Sibson Road, Sale, M33 7RR.
2. We have an internal complaints procedure, including details of your right to complain to the Legal Ombudsman and how to do this. This will be forwarded to you with the acknowledgement, and is available at; www.open-door.co.uk
3. Your complaint will be recorded within a central register for monitoring purposes. The complaint will be discussed with the member of staff having conduct of your matter, and, following that, will be independently reviewed. We may need to seek further clarification from you, but in any event, will send you a detailed, written reply to your complaint including suggestions for resolution, within 21 days. If we are unable to reply within this timescale we will let you know. We have 8 weeks to consider your complaint. If we have not resolved it within this time, you may complain to the Legal Ombudsman.
4. If you are not satisfied with the handling of your complaint you can ask the Legal Ombudsman at: PO Box 6806, Wolverhampton, WF1 9WJ to consider the complaint. Normally, you will need to bring a complaint to the Legal Ombudsman within 6 months of receiving a final written response from us about your complaint or within 6 years of the act or omission about which you are complaining occurring (or if outside of this period, within 3 years of when you became aware of it). For further information you should contact the Legal Ombudsman or refer to www.legalombudsman.org.uk

7. LIABILITY

1. For the purposes of this matter, you should be aware that the aggregate liability of OpenDoor (including as a result of our negligence) for loss or damage arising from or in connection with the services provided, shall be limited to the sum of £3,000,000 excluding costs and interest, and is fully provided for within an SRA approved Solicitors Professional Indemnity Insurance Policy.

8. ASSIGNMENT

1. We may assign any of our rights under these terms, and you will be provided with appropriate notice in writing.
2. You may not assign any of your rights or obligations under these terms without our agreement in writing.

9. FINANCIAL SERVICES

1. The legal services we provide meet the criteria set out in Part 20 of the FMSA 2000 (Provision of Financial Services by Members of the Professions) and are exempt from the need to hold consumer credit permission from the Financial Conduct Authority (FCA) or to be regulated by the FCA.

10. DATA PROTECTION AND CONFIDENTIALITY

1. We will use the data that you provide to assess whether your claim is eligible for a refund and contact you directly with the best course of action to suit your individual circumstances once the initial evaluation of each claim has taken place.
2. If you express an interest in any products or services that are not available through us, with your express consent, we may pass the data that you provide to carefully selected and regulated third parties for this purpose. The information held by us may also be used for other purposes for which you give your specific permission or, in very limited circumstances, when required by law or where permitted under the terms of the Data Protection Act 1998. You have a legal right, upon payment of a fee, to receive a copy of the information we hold about you, if you apply to us in writing. Upon acceptance of these terms, you instruct us to act on your behalf to review your claims and try to secure payment of compensation in respect of your claims.
3. As detailed within Chapter 4 of the SRA Code of Conduct, we are bound by a duty of confidentiality towards you as our client. Any information which we obtain from you while providing our services, which is not in the public domain, will be treated as confidential. On rare occasions, we may be required to disclose information to relevant regulatory authorities, or under rules of professional conduct. In such cases, we would (where both permissible and practicable) inform you of the request or requirement for disclosure. We will not use information confidential to you for the advantage of a third party and, conversely, you accept that we will not use confidential information obtained from any other person to your advantage.
4. External firms or organisations may conduct audit or quality checks on our practice. These external firms or organisations are required to maintain confidentiality in relation to your files. If you do not wish to have your files audited please let us know.
5. Sometimes we may ask other companies or people to do typing/photocopying/other work on our files to ensure that this is done promptly. We will always seek a confidentiality agreement with these outsourced providers. If you do not want your file to be outsourced, please tell us as soon as possible.
6. You agree that we are authorised to disclose that you are our client and that we have acted for you on any matter where information on that matter is in the public domain or in any other matter where you consent to such disclosure.
7. Subject to these terms, we may use your personal information for marketing our services, providing you with legal updates and profiling your legal and professional requirements. We may, with your prior consent, disclose your information to various associated companies within the One Advice Group, and to external providers of services such as document production. We may keep your information for a reasonable period to contact you about our services in the future. A copy of our confidentiality policy is available upon request.
8. After completing the work we will keep your file in accordance with the Data Protection Act for up to 7 years, except those papers that you ask to be returned to you. We keep files on the understanding that we can destroy them 7 years after the date of the final bill. We will not destroy documents you ask us to deposit in safe custody. If we take papers or documents out of storage in relation to continuing or new instructions to act for you, we will not normally charge for such retrieval. However, we may charge you for both time spent producing stored papers that are requested, reading correspondence or other work necessary to comply with your instructions in relation to the retrieved papers.
9. If you are a client and we have made a contract with you by electronic means (website, email, etc.) you may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. This service may be found at http://ec.europa.eu/odr. Our email address is hello@open-door.co.uk

11. CLIENT IDENTIFICATION

1. We are bound by the Proceeds of Crime Act 2002, and corresponding Anti Money Laundering Regulations (together “the Regulations”). Under the Regulations we may, if required, need to verify your identity, before we can provide you with any services, which may include the use of third-party online identity and credit checking services.
Terms of Business for General Care Advice
Please ensure that you read and understand our terms of business.
This agreement is made between OpenDoor, a trading style of OpenDoor (Legal Services) Ltd SRA number: 607880 (referred to in this agreement as “us” or “we”) and the client, (referred to in this agreement as “you” or “your”).
Our VAT number is: 887126196

1. OUR SERVICE

1. Our services are provided by experienced and qualified solicitors and are fully regulated by the Solicitors Regulation Authority (SRA). These services are internally audited from time to time, to ensure compliance with the SRA Code of Conduct. Our professional rules can be accessed at www.sra.org.uk
2. We operate an Equality & Diversity policy and comply with the Equality Act at all times. If you would like a copy of our policy or would like us to provide any information to you in another format (larger print, etc) or language please let us know as soon as possible.
3. You have instructed us to provide you with our services in relation to the provision of Health and Social Care advice and assistance.
4. The services that we provide are covered by professional indemnity insurance (see clause 7 below in relation to liability); if you would like details of our policy please contact Emma Willis, Director and Head of Legal Practice.

2. FEES

1. Our fees are based on the level of service you require; and are detailed within your client retainer letter.
2. Where money is held in a designated client account we will account to you for all the interest earned on that account (net of any tax deducted at source. Where money is held in a general client account (or money under our control which should have been held in a client account but was not), we will account to you for interest when it is fair and reasonable to do so in all the circumstances. Due to the administrative costs involved we will not pay interest if the sum calculated is less than £20.00 in total for the full period during which we hold your money in client account.

3. PAYMENT OF FEES

1. You must pay our fees and such payments must be made no later than 14 days after the date of our invoice. You remain responsible for payment of our fees in full, whether or not you are contacted by us.
2. If you fail to make a payment of our fees in full, or fail to come to an arrangement for payment which is acceptable to us, we reserve the right to pursue recovery of those fees. This may result in legal proceedings being issued against you.
3. We will include a claim for legal costs and interest, which we incur in recovering any fees due from you to us under this agreement and will do so whether or not any claim we make against you is allocated to the small claims track, so that any legal costs will be summarily assessed and added to the amount of any judgment against you. If payment is not received we reserve the right to cease work until payment is received and/or charge interest of [0.5 %] over the current Barclays Bank base rate on the amount owed calculated from the date of the invoice to the date payment is received.
4. We may exercise a lien on your file if you do not pay our bills; this means that we may retain your file until such time as our bill is paid.
5. Our policy is not to accept cash from clients. If you try to avoid this policy by depositing cash directly with our bank, we may decide to charge you for any additional checks we consider are necessary to prove the source of the funds. Where we have to pay money to you, it will be paid by cheque or bank transfer. It will not be paid in cash or to a third party.
6. If, for any reason you disagree with our invoice, then please notify us, and we will treat this as a complaint within our complaints procedure. Your rights are contained more fully within Part III of the Solicitors Act 1974,and in accordance with Chapter 1 of the SRA Code of Conduct

4. YOUR OBLIGATIONS

1. We can only act for you in an effective manner if we have your full co-operation and accordingly you agree that you will;
2. Provide all necessary documents which we may request from you from time to time;
3. Reply promptly to all correspondence and other communications from us including requests for information;
4. Provide truthful and accurate answers and provide full information in response to all requests from us;

5. CANCELLATION

1. You have the right to terminate this agreement without charge by giving written notice to us within 14 days from the date of this agreement, the “cooling off period”. However, if you have given us written authority to commence work within the cooling off period and then cancel you will be charged for any work undertaken up to the time you cancel your instructions.
2. If you terminate this agreement after the “cooling off period” we will invoice you a cancellation charge to reflect a proportion of the work undertaken by us which will be calculated by reference to the Court Guideline Hourly Rates detailed on our website.
3. We shall have the right to terminate this agreement immediately by giving you written notice if:
o 5.3.1. There occurs any material breach by you of any term of this agreement which is not remedied to our satisfaction within 15 days of a written notice by the Company specifying the breach and requiring it to be remedied; or
o 5.3.2. you (or any company which you are associated with ) are adjudicated bankrupt or enter into an Individual Voluntary Arrangement or
o 5.3.3. you do not follow a recommendation that we make
4. Cancellation of this agreement must be done in writing using the prescribed form provided.

6. COMPLAINTS

1. OpenDoor is committed to high quality legal advice and client care. If you are unhappy about any aspect of the service or the invoice, please contact the person handling your claim, or his/her supervisor, in the first instance (by email, telephone or letter). The complaint will be acknowledged within 3 days of receipt. Alternatively, you may write to The Complaints Manager, OpenDoor, Jackson House, Sibson Road, Sale, M33 7RR.
2. We have an internal complaints procedure, including details of your right to complain to the Legal Ombudsman and how to do this. This will be forwarded to you with the acknowledgement, and is available at; www.open-door.co.uk.
3. Your complaint will be recorded within a central register for monitoring purposes. The complaint will be discussed with the member of staff having conduct of your matter, and, following that, will be independently reviewed. We may need to seek further clarification from you, but in any event, will send a detailed, written reply to your complaint including suggestions for resolution, within 21 days. If we are unable to reply within this timescale we will let you know. We have 8 weeks to consider your complaint. If we have not resolved it within this time, you may complain to the Legal Ombudsman.
4. If you are not satisfied with the handling of your complaint you can ask the Legal Ombudsman at: PO Box 6806, Wolverhampton, WF1 9WJ to consider the complaint. Normally, you will need to bring a complaint to the Legal Ombudsman within 6 months of receiving a final written response from us about your complaint or within 6 years of the act or omission about which you are complaining occurring (or if outside of this period, within 3 years of when you became aware of it). For further information you should contact the Legal Ombudsman or refer to www.legalombudsman.org.uk

7. LIABILITY

1. For the purposes of this matter, you should be aware that the aggregate liability of OpenDoor (including as a result of our negligence) for loss or damage arising from or in connection with the services provided, shall be limited to the sum of £3,000,000 excluding costs and interest, and is fully provided for within a Solicitors Professional Indemnity Insurance Policy.

8. ASSIGNMENT

1. We may assign any of our rights under these terms, and you will be provided with appropriate notice in writing.
2. You may not assign any of your rights or obligations under these terms without our agreement in writing.

9. FINANCIAL SERVICES

1. The legal services we provide meet the criteria set out in Part 20 of the FMSA 2000 (Provision of Financial Services by Members of the Professions) and are exempt from the need to hold consumer credit permission from the Financial Conduct Authority (FCA) or to be regulated by the FCA.

10. DATA PROTECTION AND CONFIDENTIALITY

1. We will use the data that you provide to us in relation to the provision of the Professional Deputy Service.
2. If you express an interest in any products or services that are not available through us, with your express consent, we may pass the data that you provide to carefully selected and regulated third parties for this purpose. The information held by us may also be used for other purposes for which you give your specific permission or, in very limited circumstances, when required by law or where permitted under the terms of the Data Protection Act 1998. You have a legal right, upon payment of a fee, to receive a copy of the information we hold about you, if you apply to us in writing. Upon acceptance of these terms, you instruct us to act on your behalf to review your claims and try to secure payment of compensation in respect of your claims.
3. As detailed within Chapter 4 of the SRA Code of Conduct, we are bound by a duty of confidentiality towards you as our client. Any information which we obtain from you while providing our services, which is not in the public domain, will be treated as confidential. On rare occasions, we may be required to disclose information to relevant regulatory authorities, or under rules of professional conduct. In such cases, we would (where both permissible and practicable) inform you of the request or requirement for disclosure. We will not use information confidential to you for the advantage of a third party and, conversely, you accept that we will not use confidential information obtained from any other person to your advantage.
4. External firms or organisations may conduct audit or quality checks on our practice. These external firms or organisations are required to maintain confidentiality in relation to your files. If you do not wish to have your files audited please let us know.
5. Sometimes we may ask other companies or people to do typing/photocopying/other work on our files to ensure that this is done promptly. We will always seek a confidentiality agreement with these outsourced providers. If you do not want your file to be outsourced, please tell us as soon as possible.
6. You agree that we are authorised to disclose that you are our client and that we have acted for you on any matter where information on that matter is in the public domain or in any other matter where you consent to such disclosure.
7. Subject to these terms, we may use your personal information for marketing our services, providing you with legal updates and profiling your legal and professional requirements. We may, with your prior consent, disclose your information to various associated companies within the One Advice Group, and to external providers of services such as document production. We may keep your information for a reasonable period to contact you about our services in the future. A copy of our confidentiality policy is available upon request.
8. After completing the work we will keep your file in accordance with the Data Protection Act for up to 7 years, except those papers that you ask to be returned to you. We keep files on the understanding that we can destroy them 7 years after the date of the final bill. We will not destroy documents you ask us to deposit in safe custody. If we take papers or documents out of storage in relation to continuing or new instructions to act for you, we will not normally charge for such retrieval. However, we may charge you for both time spent producing stored papers that are requested, reading correspondence or other work necessary to comply with your instructions in relation to the retrieved papers.
9. If you are a client and we have made a contract with you by electronic means (website, email, etc.) you may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. This service may be found at http://ec.europa.eu/odr. Our email address is hello@open-door.co.uk

11. CLIENT IDENTIFICATION

1. We are bound by the Proceeds of Crime Act 2002, and corresponding Anti Money Laundering Regulations (together “the Regulations”). Under the Regulations we may, if required, need to verify your identity, before we can provide you with any services, which may include the use of third-party online identity and credit checking services.

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