Goldsmith Williams Terms of Agreement
In this Agreement the following expressions shall bear the meanings respectively assigned to them except to the extent that the context requires to the contrary:
Client/lead - any person or persons who have been introduced to us by you
Cold calling - unsolicited visits, letters, telephone calls, clipboarding or direct approach to any member of the public
Instruction - the instruction given by the client/potential client to us which may result in us acting on their behalf in connection with a matter
Legal & Admin / Referral Fee - any payment to you for introducing, monitoring or assisting throughout a matter
SRA Code - The SRA Code of Conduct 2011 or amendment thereof
Terms of this Agreement
1. We will introduce clients for the purpose of legal work under the provisions of the SRA Code of Conduct.
2. We confirm that we conduct our business in compliance with FCA regulations.
3. We agree not introduce or attempt to introduce any client to us as a consequence of marketing or publicity or other activities which if done by a solicitor would be in breach of their Code of Conduct and in particular by Cold Calling.
4. We agree that we will comply with the Data Protection Act 1998 ("DPA 1998") when obtaining Clients’ personal data (as defined in the DPA 1998) on any website and disclosing such personal data when referring Clients to us under this Agreement.
5. We agree to comply with the SRA Code of Conduct.
6. We agree that we will advise the client that there is a financial arrangement between us
7. We agree to accept the independence of the professional advice of Goldsmith Williams.
8. We agree to accept that clients will receive impartial and confidential advice and are free to choose another solicitor.
9. We agree to accept that Goldsmith Williams will control the professional work in accordance with the instructions of the client.
10. We agree to accept that Goldsmith Williams will not reveal any information without the client’s consent.
11. We agree to accept that Goldsmith Williams will review this agreement periodically in compliance with theSRA Code of Conduct.
12. We agree to accept that Goldsmith Williams will periodically ask clients if they have been cold called or other questions in order to monitor our compliance with the SRA Code of Conduct.
13. Before accepting any instructions Goldsmith Williams will provide the Client with all information concerning the introduction and, in particular, the amount of any fee payable;
14. That Goldsmith Williams will not, knowingly, accept any instructions which have been acquired as a consequence of marketing, publicity or other activities which would be in breach of our Code of Conduct and in particular by cold calling.
15. If Goldsmith Williams have reason to believe that we are breaching the terms of this Agreement they will give us written notice of the same and will require satisfactory evidence that the breach has been remedied within 14 days. If either the breach is not remedied or we persist in committing further breaches they will immediately terminate this Agreement without notice.
16. Goldsmith Williams reserve the right to refuse to act for a client that is introduced and we do not have to provide a reason to either the Client or you for the decision however they will not do so as a result of any discriminatory reason.
17. Goldsmith Williams will not continue to act for a Client if there is a conflict of interest between us and the Client.
18. Goldsmith Williams' logo may not be reproduced in any form without the prior consent of
19. No marketing of Goldsmith Williams' service can take place without Goldsmith Williams' prior written consent and Goldsmith Williams must have the final say in relation to the content of any advertisement.
20. In the event of our advertising the services of Goldsmith Williams we will publicise our adherence to the Code by means of the following notice: "We comply with the provisions of the SRA Code of Conduct published by the Solicitors Regulation Authority and any solicitor to whom we may refer you is an independent professional firm from whom you will receive impartial and confidential advice. You are free to choose another solicitor."
21. Business cards are provided solely for the purpose of providing contact details to clients and they must not be used for any other purpose.
22. This Agreement will be governed, interpreted and construed in all respects according to English Law and the parties submit to the exclusive jurisdiction of the English Courts.
23. This Agreement, and its attachments, represents the entire agreement reached between the parties and accordingly no statement or representation (whether oral or written) shall form a term or condition of this Agreement.
24. We shall provide such evidence as we may reasonably require as confirmation of compliance with the provisions of this Agreement.
25. Goldsmith Williams will send any client monies as instructed to do so under a Client’s signed Authority and will at all times act in the best interest of the client.
Use of gw.live
26. By using gw.live you agree to be legally bound by these terms, which shall take effect immediately on your first use of gw.live. If you do not agree to be legally bound by all the following terms please do not access and/or use gw.live.
27. Goldsmith Williams Solicitors may change these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made by Goldsmith Williams Solicitors. Your continued use of gw.live after changes are posted means you agree to be legally bound by these terms as updated and/or amended.
28. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use gw.live content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any gw.live content except for your own personal, non-commercial use. Any other use of gw.live content requires the prior written permission of Goldsmith Williams Solicitors.
29. You agree to use gw.live only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else's information or data. Prohibited behaviour includes: Providing false information in relation to your account or any other personal details; Attempting to access information over which you have no legal entitlement; Accessing information on credentials that you know have expired; Representing business relationships that do not exist for any reason.
DISCLAIMERS AND LIMITATION OF LIABILITY
30. gw.live content, including the information, names, images, pictures, logos and icons regarding or relating to the Goldsmith Williams Solicitors , its products and services (or to third party products and services), is provided "AS IS" and on an "IS AVAILABLE" basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
31. Under no circumstances will Goldsmith Williams Solicitors be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise):
(a) loss of data;
(b) loss of revenue or anticipated profits;
(c) loss of business;
(d) loss of opportunity;
(e) loss of goodwill or injury to reputation;
(f) losses suffered by third parties; or
(g) any indirect, consequential, special or exemplary damages arising from the use of gw.live regardless of the form of action.
32. Goldsmith Williams Solicitors does not warrant that functions contained in gw.live content will be uninterrupted or error free, that defects will be corrected, or that gw.live or the server that makes it available are free of viruses or bugs.
33. The names, images and logos identifying gw.live, Goldsmith Williams Solicitors or third parties and their products and services are subject to copyright, design rights and trademarks of the Goldsmith Williams Solicitors or third parties. Nothing contained in these terms shall be construed as conferring by implication or otherwise any licence or right to use any trademark, patent, design right or copyright of Goldsmith Williams Solicitors, or any other third party.
34. Subject to the limited rights expressly granted hereunder, Goldsmith Williams Solicitors reserves all rights, title and interest in and to the Service, including all related intellectual property rights. No rights are granted to Introducer or Customer hereunder other than as expressly set forth herein.
35. If you fail to abide by these terms when accessing a gw.live service, you will be sent an e-mail which informs you why your account has been suspended. Following investigation by Goldsmith Williams Solicitors such a breach may result in permanent action being taken against your account or accounts.
36. Goldsmith Williams Solicitors reserves the right to take action against any account, at any time, for any reason.
37. Introducer is responsible for all activities that occur in User accounts and for Users' compliance with this Agreement. Introducer shall:
(i) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Customer Data;
(ii) use commercially reasonable efforts to prevent unauthorized access to, or use of, gw.live, and notify Goldsmith Williams Solicitors promptly of any such unauthorized access or use; and
(iii) comply with all applicable national laws in using the Service.
38. If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
39. These terms shall be governed by and interpreted in accordance with the laws of England and Wales.