TERMS AND CONDITIONS OF SALE

(May 2024 Edition) 

Our Services

This webpage sets out the terms on which we offer to provide our consultancy services. The information below explains how we work, and the special rules that are in place because Keith Arrowsmith is a solicitor, regulated by the Solicitors Regulation Authority (the SRA).

All services are provided by ProArtsPlus Ltd, a company (incorporated in England and Wales (registered number 15594020)) whose registered office is at 6 Ranmoor Gardens, Sheffield S10 3FR.  

We will send you a Quote for the specific services we will provide.  We will use our reasonable endeavours to provide our services as set out in our quote. We will try to meet all timescales agreed with you, but ask you to note that sometimes this depends on other people and whether any unforeseen complications arise.  

Our quote will also provide you with the name of the person who will have responsibility for the services we provide to you. Sometimes we may involve other people who we consider appropriate, who may be colleagues or contractors.  

Your Obligations

You promise to promptly provide us with all relevant information, and pay our invoices when due. You also agree to keep our advice, reports and documents confidential, and not share them with other people without our prior written consent. A person who is not a party to our agreement shall not have any rights (including those under the Contracts (Rights of Third Parties) Act 1999) to enforce any of its terms.

Our Code of Conduct

Keith Arrowsmith is a solicitor and is regulated by the SRA. This means he will always act:

  • in a way that upholds the constitutional principle of the rule of law, and the proper administration of justice
  • in a way that upholds public trust and confidence in the solicitors' profession and in legal services provided by authorised persons
  • with independence
  • with honesty
  • with integrity
  • in a way that encourages equality, diversity and inclusion
  • in the best interests of each client”

He is bound by the SRA Code of Conduct for Solicitors, which covers mandatory provisions in the areas of:

  • maintaining trust and acting fairly
  • dispute resolution and proceedings before courts, tribunals and inquiries
  • service and competence
  • client money and assets
  • business requirements such as referrals, introductions and separate businesses
  • conflict, confidentiality and disclosure
  • client identification, complaint handling, client information and publicity

We will observe the SRA’s ethical guidelines and we may decline to provide services to you if those requested services would breach any law, regulation, code of practice or guidelines. 

Our services do not benefit from the protection offered by the SRA compensation fund. This is a discretionary fund operated by the SRA to which all solicitors contribute. Its purpose is to make grants to people whose money has been stolen, misappropriated, or otherwise not properly accounted for; or those who have suffered a loss for which a regulated person should have been insured, but was not. If, on reflection, you would like to benefit from this additional protection, please let us know, so we can arrange for services to be provided by Nexa Law.

Confidentiality and Data Protection

We will not disclose any confidential information without your permission unless it is reasonable and necessary to provide our services to you. This means we may need to carefully disclose your information if we are required to do so by law, or by regulatory authorities, our professional bodies, or our insurers.

If services are required from another professional advisor (including accountants), you agree that we may disclose the relevant information to those advisors. 

We will keep in touch with you by telephone, mobile, letter, online messaging services and email. We may also store and share your information and copies of all letters and documents using a specially designed online encrypted EU based portal. By default some systems (like emails) are not 100% secure, and there is always a risk that confidential information is intercepted or goes astray. We may store your confidential information on computers and servers controlled by third parties whose software or systems we use as part of our business. If you would like us to take special protection measures, please let us know. 

You consent to our processing and storing of your personal information so that we can provide you with our services, manage our business, and comply with our regulations and the law. We may share your information with our carefully selected service providers for these purposes. We may also need to give information to third parties including other professional advisors in the course of providing our services. 

We store information electronically for a minimum of seven years from the date the services were concluded. After seven years, we may delete the information. 

We would like to let you know about our services from time to time. You may choose not to receive marketing material at any time by unsubscribing. 

Fees, Expenses and Disbursements

Estimates of fees are given to help you in budgeting and are not binding. Any capped or binding fixed quotation for specified services will be given in writing. If we provide additional services we will charge you for the time incurred at the same hourly rates unless otherwise agreed in writing. We review hourly rates on 01 April each year.

All quotations and estimates of fees (and most expenses and payments we make on your behalf) are subject to the addition of reasonable expenses (meaning costs we incur in running our business that we have agreed to pass on to you), disbursements (meaning costs we incur on your behalf whilst providing the services) and Value Added Tax. If we engage other professional advisors (such as a barrister) we do so as your agent, and you will also be responsible for their fees. We will, as far as possible, keep you updated with the amount of those expenses, disbursements and professional fees.

Billing and Payments

We may ask for payment in advance of the provision of our services or before we incur expenses or make payments on your behalf. We may bill you monthly for the work performed to date with all expenses, disbursements and professional fees we have paid on your behalf. You agree to receive invoices electronically unless you inform us in writing that you would prefer to receive a paper copy of your invoice. Interest will be charged on all overdue bills at the rate of 8% per annum. We also reserve the right to claim interest and expenses under the Late Payment of Commercial Debts (Interest) Act 1998. In this situation, we may retain your files and documents and cease work for you. If we decide to start legal proceedings to recover the outstanding amounts, we may also require payment of our legal costs and reasonable expenses. 

We only accept and make payments in sterling by direct bank transfer or via our online payments system, details of which are provided with each invoice. You must pay all invoices within 30 days of their date. If more than one person or organisation asks us to provide services, we may recover any amount due to us from any one or all of them. If you have agreed for someone else to pay us, you will remain liable for the unpaid balance. 

Services we Recommend

If you ask us to recommend the services of someone else (for example a foreign lawyer), we will always do so in good faith. However, we do not give any warranty in respect of their standing, ability or the quality of their work. We do not accept liability for that third party’s services, and you will be responsible for their fees and expenses. In some limited circumstances, commissions or other similar benefits may become payable to us in respect of introductions to other professionals or transactions we arrange for you, in which case you will be notified in writing of the amount, the terms of payment and receipt of any such commissions or tangible benefits. While we are required to account to you for commissions received, you agree that we may retain any such commissions. 

Customer Service

We are committed to providing a high standard of services to our clients. If you have any feedback as to how our service could be improved, or if you are dissatisfied with the service you are receiving, please let us know.

Our clients have the right to complain to the Legal Ombudsman about Keith’s services and to the SRA about his professional conduct.

Limitation of Liability and Indemnity Insurance

We exclude or limit our liability to you for claims for: 

• claims for breach of contract; 

• breach of duty; 

• negligence; and 

• any other claims arising from our contract or the services we provide, 

in the following ways.

Please inform us if, for a particular service, you wish to negotiate a different level of liability. We will then investigate the cost of obtaining additional indemnity insurance to cover any additional risk. 

First, we are only liable for the proportion of any loss, damage, interest and costs you suffer which is ascribed to us having regard to the contribution of any other person responsible or liable to you for the loss, damage, interest and costs. 

Second, our liability is limited to £1 million.

Third, we will not be liable to you if we are unable to perform our services as a result of any cause beyond our reasonable control, but we will notify you as soon as reasonably practicable of any disruption to the provision of our services. 

Fourth, we will not be liable to you for any loss due to a mistake or failure by a financial institution, any banking collapse or the insolvency of any financial institution. 

The exclusions and limitations do not apply to any liability for death or personal injury caused by our negligence, liability arising as a result of our fraud, or any other liability that cannot lawfully be excluded or limited. 

Because ProArtsPlus is not regulated by the SRA, it is not required to have compliant professional indemnity insurance (meaning a policy with a compulsory minimum level of insurance and other terms that protect clients). Instead, we maintain professional liability insurance provided by Hiscox Insurance Company Limited under policy number PSC10003469737. If, on reflection, you would like your services protected by a more comprehensive (and expensive) indemnity policy, please let us know and we will refer you to Nexa Law.

Ending our agreement

Either party may end the provision of services by giving the other reasonable notice in writing. We will only do so with good reason. All fees, expenses, payments made on your behalf and VAT up to the date of termination will be charged and become due. If we merge with another firm or transfer our business to someone else, our agreement with you will not end, but will automatically transfer (with all accrued rights and liabilities) to our successor who will provide all outstanding services in substitution to ProArtsPlus Ltd. 

If you have asked us to provide services by email or by telephone, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Consumer Rights Act 2015 may apply. You agree that because we have commenced work at your request, you may not cancel your contract with us in relation to lservices already provided (or expenses or payments made). 

Applicable Law

Our service contract is governed by and construed in accordance with the laws of England and Wales. The Courts of England and Wales will have exclusive jurisdiction in relation to any claim, dispute or difference concerning our contract and any matter arising from it.