Indian Law Services Terms and Conditions

This document sets forth the general terms and conditions under which Whytecroft Ford Limited provides legal services

1. DEFINITIONS

In this document the following words shall have the following meaning:

WF means Whytecroft Ford Limited (Company number 8381805) having our head office at 450 Bath Road, Heathrow, UB7 0EB, United Kingdom and India Offices at Dakoha, Off GT Road, Jalandhar, Punjab, India.
PRINCIPALS are persons referred to in these Terms are partners of the business.
CLIENT means any individual, partnership, limited company, charity or organisation that from time to time purchases Services from WF or any party acting on the Client’s instructions.
ENGAGEMENT LETTER means a statement of work, quotation or other similar document describing the services to be provided by WF.
SERVICES means the specific services specified in the engagement letter.
FEES shall mean all charges and expenses that will by invoiced by WF to the Client for the services provided.
TERMS means the terms and conditions of supply of services set out in this document and the engagement letter and any special terms and conditions agreed in writing by WF.
COMMENCEMENT DATE means the date of the engagement letter unless expressly agreed otherwise by WF

GENERAL
1. These are our standard terms and conditions and prior to any services rendered or any work undertaken on behalf of a Client, these terms must be accepted by way of signature and returned to our offices in original. The Client should retain a copy of these terms for their own records.
2. This document explains the basis on which WF will be working in this legal matter. It is an important document. It is a legally enforceable agreement. It contains the terms and conditions between WF and the Client.
3. The terms can also be entered into orally or in a format that can be reproduced in writing. The existence of an oral contract between WF and the Client is, among other things, evidenced by the Client’s provision of information necessary for providing legal services or issuing an invoice, as well as by the payment of an invoice issued to the Client or a person designated by the Client.
4. These terms, together with the engagement letter, power of attorney and vakalatnama where provided, sets out the basis on which we will provide our advice and services, and they should be read in conjunction with each other.
5. In the event of any inconsistency between the engagement letter, power of attorney and vakalatnama and these terms, these terms shall prevail.
6. The terms will apply to all services rendered by WF to its Client, unless WF have entered into a specific written agreement, which expressly excludes or modifies them in whole or in part.
7. In the case of existing Clients these terms shall prevail as a revision to any existing terms and deemed to be accepted unless advised in writing to the contrary.
8. These Terms are confidential between the Client and WF and may not be shared or divulged to any third party unless compelled by law. No part of these Terms may be reproduced or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior written permission of WF.
9. In the event that these Terms do not take effect, the Client shall be obligated to pay WF a reasonable sum for any services WF may have performed for the Client.

3. COMMENCEMENT TERM

1. This Agreement shall commence on the date as indicated on the engagement letter or the date on which WF initiates work on behalf of the Client and shall continue, subject to clause 9 below till the completion of the agreed scope of work.
2. The undersigned Client(s) hereto acknowledge that the Client has read the foregoing Terms and by their initials and signature that the Client has full and complete authority to execute the document for and in the name of the party(s) for which they have given their signature.

4. THE PROCEDURE FOR PROVISION OF SERVICES

1. At the outset of provision of legal services, WF agrees with the Client on the scope of work to be performed as legal services by WF.
2. The scope of work may thereafter be amended by written agreement between the parties.
3. In case of one-off consultations via telephone/zoom or any other remote communication method, our consultation fee is required to be paid in advance of the meeting in which case an engagement letter is not required.
4. The legal services provided to the Client by WF are based on the facts of the specific assignment as provided by the Client.
5. The Client undertakes to provide WF all relevant information and documents concerning the assignment and to keep WF informed of facts that change or may be anticipated to change. In cooperating with WF and at its request the Client will promptly deliver documents and positions and perform other acts necessary for timely performance of the assignment.
6. WF has reserves the right of sole discretion to decide whether it will accept instructions from the person seeking legal services (i.e. act for the person) or not.  
7. Based on the engagement letter, WF shall provide services to the Client or persons designated by the Client in accordance with the Client’s written or oral instructions. The exact manner and terms of providing the legal services shall be at the discretion of WF, and the Client is not entitled to request that WF follow its detailed instructions.  
8. Details of the Client’s instructions and our advise on a suitable course of action along with an estimate of fees and disbursement will be set out in the engagement letter.
9. If any further work is required to be undertaken beyond the initial agreed scope of work, WF will obtain prior permission from the Client before proceeding.
10. The Client is required to provide WF with a reasonable brief of information upon which WF may commence services. This includes a factual statement of events and supporting documentation where considered appropriate.
11. The Client will be required to furnish a statement of their objectives.
12. Where notes are taken in a meeting or during a telephone message, those notes will form the basis of our advice. Text messages cannot be acted upon. All notes are recorded on WF internal systems.
13. Telephone calls are monitored and all communication via telephone is recorded on WF internal database
14. Any inaccurate statement, misrepresentations, or incorrect documents provided by the Client may materially affect the outcome of the case for which WF, its staff or third party agents or third party advocates, accept no liability or responsibility whatsoever.
15. Power of Attorney:
  1. The Client is required to provide WF with an individual who is capable of pursuing day-to-day matters in the Honourable Indian Courts or any other authority as required in the absence of the Client.
  2. In case the Client cannot provide a responsible person to act as power of attorney, WF may be able to provide a member of staff or a trusted associate with limited powers to act on behalf of Client.
16. Subject as above, WF will be free to use such members of our staff, agents or third party advocates, in any country, in connection with your case as we consider appropriate and in your best interests to achieve the desired outcome.
17. The Client will notify WF in writing if communications are to be sent to you other than at the postal address, fax number or email address provided, and whether particular advice is to be disclosed to other linked persons/relatives/close friends/associates.
18. Unless the Client instructs WF not to do so, WF may communicate to the Client by email and does not accept responsibility for any breach of confidentiality that may occur, howsoever caused, whether because of a fault or omission on part of the Client or the result of any action of a third party.
19. WF shall keep a file in connection with the provision of legal services to the Client, containing all documents relating thereto. The documents and other data media may also be stored and maintained in electronic form. WF shall keep materials relating to the Client’s case separately from other documents and materials and shall guarantee their preservation and confidentiality.  
20. The responsibility of obtaining and delivering case files held by previously engaged counsels is on you. We do not hold original documents until required by the Honourable Court unless considered necessary.
21. WF does not accept responsibility where false or fabricated documents are knowingly or unknowingly are provided by the Client.
22. It is not possible for WF to authenticate any documents at outset and further costs may be incurred where this is required to be done during the proceedings.
23. It is the practice of WF to check for conflicts of interest in appropriate cases. However, an actual or potential conflict between interests of the Client and that of another party might arise during the course of a matter. If this situation arises during WF’s dealings, WF will seek the Client’s prior instructions and then determine the appropriate course of action. In order to protect the interests of the Client, WF may not be permitted to continue to act for the Client. Should the conflict become apparent at a later stage and WF has to cease acting for the Client then any fees collected are not refundable.
24. If WF are instructed to act for a third party, in circumstances where WF holds information which is confidential to the Client which would be material and adverse to that third party, WF may accept that party’s instructions provided that WF put in place such information barrier as may be suitable to prevent the passage of that information to the third party. The Client’s consent in writing to our proceeding in that manner is deemed to have been explicitly given by the Client agreeing to these terms.
25. WF shall keep in confidence all information that has become known to WF in relation to the provision of legal services, as well as the source of such information, except if WF is compelled to disclose the information by law or if the Client instructs or authorizes WF to disclose the information.
26. WF shall provide services with reasonable professional skill and care, acting in the best interests of the Client and avoiding damage to the Client’s property.
27. WF shall carry out the instructions of the Client with due care and diligence, in accordance with the engagement letter provided to the Client. Any instructions outside the scope of the engagement, given to WF by the Client or necessary in order to protect the  interests of the Client, may be carried out by WF on agreement with the Client or may be declined by WF.
28. In providing the services, WF shall use its best efforts to achieve the result desired by the Client. As a rule, WF cannot guarantee that the desired result will be achieved.  
29. The fact that the Client sought legal assistance from WF, as well as the nature and extent of legal assistance and the amount of the Fees, shall also be subject to the requirement of confidentiality. However, informing the court of the amount of the fee for the purpose of being awarded the legal costs shall not be deemed to be a breach of confidentiality.

5. FEES AND DISBURSEMENTS TO BE PAID FOR SERVICES

1. At the outset, the total estimate of fees is provided by WF to the Client in an engagement letter. The initial estimate of fees is based on the debrief and documentation provided by the Client at the outset and is agreed on the engagement letter. Fee estimates are always indicative and are based on information available to WF at the time the estimate is given. Unless agreed otherwise, fee estimates cannot be regarded as fixed quotes.
2. In case of one-off consultations via telephone/zoom or any other remote communication method, our consultation fee is required to be paid in advance of the meeting at the rate of £200 for 30 mins.
3. WF will try to keep legal fees and all associated costs as reasonable as possible. The amount of services required, however, is not fully within WF’s control.
4. Before commencing performance of the services, WF has the right to request that a reasonable advance payment be made for the Fee payable and expenses to be reimbursed as set out in the engagement letter.
5. WF will discuss with the Client options for services and the benefits of services. Sometimes, however, services are directly related to an opposing party’s action or inaction.
6. Unforeseen litigation: At the outset WF will advise the Client on an appropriate course of action along with an estimation of cost, however in case unforeseen litigation must be undertaken costs may increase substantially. This may be due to actions of the opposing counsel, relevant authority/department or due to unforeseen events such as death of a concerned person or new evidence is discovered during the course of a case. Consequently, further legal work may be required to be undertaken that will result in an increase in both legal fees and disbursements. In this scenario, WF will advise the Client and seek prior approval for an additional course of action and relating legal fees and disbursements.
7. Normally, the Client will be invoiced on a monthly basis. However, in case any urgent payments are required, the Client’s will be requested/invoiced as required.
8. WF will charge fees in either of the following manner or a combination thereof, as confirmed in the engagement letter:
  1. A set legal fee with incidental disbursements. The amount of legal fee is decided as per the complexity and duration of the legal matter.
  2. An hourly advisory fees:
    1. An hourly rate of £ 300.00 per hour, as agreed with the Client with an estimate of the number of hours that may be involved along with disbursements.
  3. Stage wise fixed fees:
    1. A fixed legal fees and disbursements for each stage of legal work undertaken by WF.
9. There are two categories of fees that the Client will be required to pay – legal fee and incidental disbursements:
  1. Legal Fee
    1. The legal fee is a set fee or premium that WF charges to its Client’s to provide services for a specified time period of 24 months from the date of initial engagement.
    2. For example, the typical timeline from commencement to conclusion for an average civil matter in any Indian District Courts is 24 months. For this purpose, WF charges a set legal fee of £14000.00 for 24 months (excluding incidental disbursements as mentioned below).
    3. Further legal fee may be applicable in the event where due any reason whatsoever, the lawsuit prolongs for longer than 24 months and further litigation iis required, WF will re-assess the timeline for completion of the case based on the amount of legal process completed and any procedure remaining.
    4. The legal fees is required to be paid as an upfront payment prior to undertaking any legal work or regular periodic payments as agreed in the engagement letter.
    5. Legal fees includes the following:
      1. Initial case assessment and advice as per Indian Law
      2. Preparing the case file as per the format of the relevant Honourable Court
      3. Preparing and lodging the case petition (including supporting documents) with the relevant Honourable Court
      4. To pursue Court proceedings for 24 months from the date of commencement as per the direction of the Honourable Court
      5. Completing statutory & regulatory requirements for 24 months from the date of commencement as required by the Honourable Courts
    6. Chargeable time included in legal fees will include:
      1. Meetings of a reasonable duration with the Client
      2. Any time spent travelling to from and within India and any other country as required to do so in order to progress the case
      3. Meetings with associate lawyers as required
      4. Court attendance by associate lawyers
      5. Preparing and working on case files
      6. Communication including telephone, faxes and emails
      7. Attendance of all court hearings up to 24 months from the date of commencement
      8. Attendance of any Authority/Department required to progress your case
    7. Legal fees are normally charged taking into account the following factors:
      1. Court Hearings:
        
        The nature of the hearing
        
        Estimate of preparation time
        
        Estimate of time spent in court
        
        Complexity or novelty of case
        
        Number and importance of documents to be considered
        
        Any travel undertaken
        
        Seniority of counsel and/not limited to
        
        Lateness of instruction
      2. Written Work:
        
        Time taken, including preparation and research to complete the work
        
        Complexity of the case and issues at stake
        
        Urgency of the work
        
        Seniority of counsel
        
        Skill
        
        Special knowledge and/not limited to the
        
        Responsibility involved
    8. The fees will also be assessed by reference to the other factors including:
      1. The number and importance of documents prepared or considered
      2. The amount or value of any money or property involved
      3. The importance of the matter to the Client
      4. The number of Court visits
      5. The level of danger or risk to the principals & staff from personal abuse/attack from third parties
  2. Incidental disbursements
    1. Incidental disbursements are not included in the legal fees and are payable as extra.
    2. Incidental disbursements are costs that are required to be paid as and when they occur or in advance as per the relevant stage of the litigation.
    3. Typically, WF will pay these costs of up to £500.00 in a timely manner on behalf of the Client and bill the Client thereafter.
    4. For disbursements of larger amounts, WF will request the Client to pay as required or in advance.
    5. The Client shall reimburse WF for all costs and expenses incurred in the course of the Client’s representation, including, but not limited to the following list:
      1. Procuring copy or certified documents from land registry/patwari/courts or any other authorities/departments
      2. Any mandatory court fees
      3. Appointment of a power of attorney and related activities undertaken to complete duties as a power of attorney
      4. Court fines
      5. Miscellaneous applications out of the initial scope of legal work that are to be lodged in the Honourable Courts
      6. Messenger in person
      7. Summoning process server
      8. Summoning postal charges both national and international whatever the case may be
      9. Court Revenue charges
      10. Court reporter’s fees
      11. Specialist advice fees
      12. Court Nominated Officials appointed to undertake completion of work as required by the Honourable Court
      13. Valuations of moveable/immovable property as required by the Honourable Court
      14. Evidence expenses
      15. Publication charges
      16. Appeal fee
      17. Anticipatory bail charges
      18. Delivery/Courier/Mail services (FedEx, etc)
      19. Electronic fund transfers / bank charges
      20. Expert witness travel and lodgings fees
      21. Translation charges
      22. Fees fixed by law or assessed by courts or other agencies/authorities/departments
      23. Investigation expenses and costs
      24. Forensics expenses and costs
      25. Long distance telephone calls
      26. Document legalisation charges from any relevant authority
      27. Photocopying/faxing
      28. Clerical/administrative charges
      29. Return cheque fees
      30. Lodgings costs for staff or witnesses, if applicable
      31. Taxi/ Mileage for each hearing date, if applicable
      32. Ticketed or metered (Air, taxi) if applicable
      33. File closing costs including photocopies of file
      34. File safe custody charges
      35. To take physical possession of the property in question, if applicable
      36. Any justified expenses incurred in relation to the progress of your legal matter but not mentioned above
10. The above list is non-exhaustive and shall include any costs and expenses not listed above and will be billed to the Client at the amount paid by WF in obtaining or providing them.
11. Case transfer: Where a case is transferred to a different/higher Court then additional fees shall be payable depending on the scope of work to be undertaken.
12. Case Appeals: Where an appeal is required to be lodged in a higher Court additional fees shall be payable depending on the scope of work to be undertaken.
13. WF or any third party engaged by WF will not be responsible for any taxes due, owing on the sale of property, directly or indirectly, if any. The Client(s) will be solely responsible in any circumstance for discharging the same and indemnifying WF against any claims and associated expenses at all times from any party. Additional fees/commissions shall be payable for any work carried out or to be carried out beyond the scope of the initial instructions.
14. Where services are provided jointly to two or more Client’s then the liability for costs is joint and several as detailed in the engagement letter.
15. If a third party or other source is to be responsible for paying our costs, this must be agreed expressly with us before work is undertaken.
16. The Client(s) is solely responsible overall funding their case/legal matter and under no circumstances shall WF fund the case/matter in any manner whatsoever.
17. Unless otherwise instructed by the Client, WF may take such action as it considers necessary or advisable in order to carry out an assignment, and incur reasonable out-of-pocket expenses on the Client’s behalf if required on an urgent basis.
18. The term of payment of an invoice is 10 calendar days unless agreed otherwise in writing.
19. Any queries relating to any invoice must be made within 10 days of the issue date of the invoice. After which WF will treat the amount shown in the invoice as recoverable by any means considered appropriate.
20. If invoices or fee notes are not paid in full within 10 days of their respective issue dates, WF reserves the right not to undertake any further work on behalf of the Client until full outstanding payment has been received.
21. Unpaid invoices: Interest will accrue at the Barclays Bank unauthorised borrowings rate of 29.5% from the due date, on all invoices that remain unpaid to date and will be added to balance of the outstanding fee. In addition, all legal fees and disbursements to recover the unpaid fee will be payable in full by the Client.
22. The Client will be responsible for paying all legal fees and/or disbursements incurred by WF, in all possible scenarios, such as but not limited to the following:
  1. Case won
  2. Case lost
  3. Case has been compromised
  4. Case has been withdrawn
  5. Case has been dismissed
23. In some circumstances the Client may be ordered by the relevant Court to pay the opposing party’s costs also, e.g. if the case has been lost or litigation has been conducted unreasonably.
24. Any fees wheresoever and howsoever collected by WF shall be deemed to have been paid in the UK and/or in India only.
25. If you fail to discharge your account when requested in writing to do so, then we will stop working on your matter until your account has been regularised to our satisfaction, and we will not be held responsible in any way for any delays, claims, counterclaims, loss or losses whatsoever and howsoever incurred due to your delay in payment or non-payment.
26. In case of continuous failure of payment, the outstanding fee, interest and any related costs shall be fully recoverable here in the UK and/or in India.
27. All legal fees and disbursements paid are non-refundable.

6. FOREIGN PAYMENTS

1. Payments in any currency other than Sterling will be treated as their Sterling equivalent at the date of conversion (less any conversion charges that may be applicable). Foreign payments will incur an additional charge.

7. OTHER RIGHTS AND OBLIGATIONS OF THE CLIENT

1. The Client may not contact any of WF’s associate advocates/lawyers/partners directly or indirectly at any given time, through any given method unless agreed in writing. Any attempt to contact WF’s associate advocates/lawyers/partners will be considered as a breach of these terms. WF reserves the right to refuse information regarding its associate advocates/lawyers/partners.
2. WF must be informed with up to 48 hours written notice if any third parties are to attend Client meetings. WF also holds the right to refuse commission to the meeting.
3. WF reserves the right to update these terms at any time by notice to the Client with immediate effect. If the Client does not agree to the relevant change, the only remedy is to terminate the services by 14 days notice to WF; the Client will be liable to pay any outstanding dues.
4. Neither WF nor its nominees/agents/attorneys/staff shall be responsible for any tax liabilities arising due to the sale of any property howsoever arising; the seller will be directly responsible for the timely discharge of the same.
5. The Client will be directly responsible for the handling of any monies obtained as a result of the sale of property. WF will not handle any monies on behalf of the Client.
6. WF will not be liable to the Client or any third party if WF is unable to perform any services as a result of any cause beyond reasonable control. If any such event should arise, WF will notify the Client as soon as reasonably practicable.
7. Any notice to be given to WF may be sent to its registered office address and, any notice to be given by WF, may be given to the Client at the last address known to WF.
8. WF is not responsible in any way whatsoever for any work already undertaken by advocates previously engaged by the Client in India or the UK.
9. WF cannot speculate on the duration and outcome of the Client’s case(s) and any timescale mooted is purely an indication.
10. Unless specifically otherwise agreed WF shall not be under any continuing obligation to advise the Client of changes in the law which may affect advice previously given.
11. WF shall keep you regularly updated with any material developments. The Client will not normally be required to attend any hearings in India except at the evidence/witness or at the property possession stage or at any stage exceptionally where directed to do so by the Honourable Courts. WF will provide as sufficient notice as possible so that the Client may make appropriate travel arrangements to attend the Honourable Court, however WF accepts no liability for any delays howsoever caused by the Client’s delay or failure to attend the Honourable Courts.
12. How long it will take to complete the case depends on a number of factors, such as:
  1. Mandatory Court process as advised at the outset
  2. Miscellaneous/incidental Court process or applications required to be undertaken to progress the legal matter
  3. Opponents response time
  4. Delay due to overburdening and backlog of Indian Courts
  5. Holidays of the Indian Courts
  6. Absence of the Honourable Judges
  7. Delays caused by relevant authorities required to cooperate during the Court process, if any
  8. Errors caused by the Court officials
13. A “win” is where the Client’s case is finally decided in the Client’s favour, whether by a court decision or an agreement to pay you damages or in any way that you derive benefit from pursuing your case.
14. “Finally” means that your opponent:
  1. is not allowed to appeal the court decision; or
  2. has not appealed in time; or
  3. has lost any appeal.
15. A “lost” case is one that is not a win.

8. TERMINATION OF SERVICES

1. WF will on giving reasonable notice be free to refuse to act or continue acting and end this agreement if:–
  1. WF are or may be in breach of the law or the principles of professional conduct by accepting or continuing to accept instructions.
  2. WF considers that there is or may be a conflict or risk of conflict between the Client’s interests and those of any other Client.
  3. The Client has failed to pay any legal fees and/or disbursements according to these terms.
  4. Any account rendered by WF in respect of legal fees or disbursements has not been paid within 10 days of its due date or as demanded to be paid on any other specified time after 10 days of the due date of the invoice (in the event where WF have allowed additional time for payment).
  5. If the aforementioned fee is expressly agreed to be paid in instalments over a time specified in the engagement letter, any kind of non-payment/failure to pay any instalment will result in a breach of these terms and the entire remaining fee shall be payable immediately.
  6. As WF is also entitled to adjust the Fees if the circumstances under which the Contract was entered into change or if the provision of legal services under the contract turns out to be more complex and time consuming than could be foreseen by the Parties at the time of entering into the Contract. If the Client does not agree with the adjustment of the Fee, the Client is entitled to terminate the Contract. Following such a termination, the Client is obliged to clear all dues, if any, within 7 days of termination.
  7. Where at any stage WF becomes aware or have reasonable grounds to suspect that false information and/or documents have been supplied by the Client.
  8. WF may also discontinue acting on other reasonable grounds at its sole discretion.
  9. Where the safety of WF lawyers or staff is threatened.
  10. If the Client breaches any of these terms, WF may suspend or cancel any services without notice to the Client. WF will aim to notify the Client of any breaches and allow you reasonable time to rectify it before WF cancel or suspend proceedings.
  11. The Client fails to cooperate with WF.
  12. The Client breaches the trust of WF.
  13. The Client fails to communicate effectively with WF.
  14. The Client fails to follow WF’s advice and/or instructions.
  15. Upon the order of the Court, the Client fails to attend any court hearing in person.
  16. You fail to give us necessary instructions within the time in which we ask for them.
  17. You withdraw from us or withdraw from your case without our consent.
  18. There is no longer a reasonable prospect of your matter succeeding.
  19. Your reject our opinion about making a settlement with your opponent.
  20. We believe that you are unlikely to win your legal matter but you disagree with us.
  21. A previously unknown conflict of interest becomes clear.
2. If WF has ceased to perform the services or has terminated the services, WF is entitled to receive the Fee for the services already provided.  
3. Despite the respective explanations of WF, the Client insists that WF use illegal means or measures to protect the interests of the Client;  
4. The Client insists that WF act in a manner that is contrary to the professional honour and dignity or the requirements for professional ethics.  
5. The Client expressly acknowledges the understanding that, if WF or any nominated third party/advocate have entered an appearance as Client’s attorneys-of-record before a Court or any other adjudicatory authority, the said Court or Tribunal retains the final authority as to whether WF or any nominated third party/advocate shall be permitted, as appropriate under the circumstances, to be discharged or to withdraw, and until such time as an order providing for such is granted, WF or any nominated third party/advocate is legally required and obligated to continue to represent Client in the matter. The Client further acknowledges Client’s understanding and agreement that, pending approval of any such motion for discharge or withdrawal, the Client is and remains obligated for all attorneys fees and costs in connection with all work done thus far by WF or any nominated third party/advocate up till the time of receipt by WF or any nominated third party/advocate of the Order granting the motion.

9. CONSEQUENCES OF TERMINATION:

1. If services are terminated for any reason then WF may in addition to any other remedy available to WF:–
  1. Make a final demand of payment of all legal fees and disbursements undertaken during the course of engagement. The balance of any fees and disbursements as detailed in WF’s termination letter shall become immediately due and payable.
  2. Retain copies of deeds, letters, securities, any original documents where these are in WF’s possession shall be returned under receipt and upon receipt of final payment.
  3. Retain any monies for the time being standing to any account you may have with WF; until payment has been made of all outstanding costs and disbursements together with any taxes and costs and disbursements incurred in connection with the termination.
  4. Cancellation of proceedings and withdrawal of proceedings shall incur additional costs and expenses, including Court costs, which shall be borne by the Client and payable on demand.
  5. No refunds shall be given under any circumstances of termination of services.
  6. In case of non-payment by the Client, any costs incurred in the recovery process shall also be recoverable in full.
  7. Interest shall accrue on the sum demanded at a rate of 29.5% being the Barclays Bank unauthorised borrowing rate. We will be reasonable when expecting invoiced funds and not normally charge late payment fees but if there are persistent delays then we reserve the right to charge late payment charges on any invoices raised.
  8. Notify the relevant authorities and/or departments that we are no longer acting.
  9. We accept no responsibility for any consequential loss or counterclaims howsoever caused arising from the termination of our services.

10. CONFIDENTIALITY

1. Instructions must come from the Client directly and not from any third party, unless agreed in writing.
2. WF will not disclose the Client’s legal matter with anyone else, unless the Client gives us specific written instructions to the contrary or unless compelled by law.
3. All information and knowledge about WF’s fees, procedures and overseas contacts gained as a result of WF’s engagement shall remain confidential at all times.

11. COMPLAINTS

1. If the Client has any concern about any aspect of advice or service provided by WF, it should be raised immediately with the principal dealing with your matter or, if substantial, in writing to us.
2. Any dispute or claim relating to these terms, any advice given, performance, fees, or actions of other third parties, will be dealt with in accordance with Indian Law within the jurisdiction of the Jalandhar Districts Courts, Punjab India only.

12. STORAGE OF DOCUMENTS

1. WF will keep the Client’s file on the understanding that WF has the Client’s authority to destroy it 5 years after the date of the final bill.
2. WF shall not destroy documents if the Client requests in writing to deposit in a safe custody.

13. ELECTRONIC FILE STORAGE

1. By accepting these terms, the Client accepts that WF shall scan original documents to the Client’s individual file and then either destroy the correspondence, in the case of letters from the Client and from other parties connected to the legal matter, or in the case of original documentation, such as receipts, etc, WF shall return them to the Client for your safekeeping.

14. RETENTION OF RECORDS

1. When WF’s engagement has been concluded, WF will keep the Client’s electronic file for not less than 3 years. Continued storage after that period is on the understanding that WF has the right to destroy the file after such period as WF considers reasonable.

15. LIMITATION OF LIABILITY

1. No individual whether principal/employee/associate of WF shall be personally liable at all for any act, omission, negligence or misrepresentation during the course of engagement, however and by whosoever caused.
2. Where incorrect or misleading information is provided or where documentation is insufficient, inappropriate, provided out of time or forged then WF shall not be held liable for any loss or unfavourable decision reached by the Courts.
3. WF accepts no liability for any actions taken by any General Power of Attorney where they act ultra vires without WF’s or the Client authority.
4. WF accepts no liability for the Client’s inability to appear in Indian Courts as and when they require. WF shall not be held liable for any loss or unfavourable decision reached by the Courts due to the aforementioned non-appearance.

16. INDEMNITY

1. The Client agrees that the Client shall defend, indemnify, save and hold WF, its principals/employees/associates harmless from any and all demands, taxes, levy’s liabilities, losses, costs and claims of all kinds including but not limited to reasonable attorney’s fees asserted against WF, its agents, officers, employees and assignees, that may arise or result from any service provided or performed or agreed to be performed.

17. JURISDICTION

1. As WF’s services are provided in India, each of the parties to these terms irrevocably agrees that the courts of Jalandhar District Courts, Punjab, India shall have exclusive jurisdiction to hear and decide any suit, action or proceedings, and/or to settle any disputes, which may arise out of or in connection with these terms or its formation or validity and, for these purposes, each party irrevocably submits to the jurisdiction of the courts of Jalandhar District Courts, Punjab, India.
2. With regard to non-payment by the Client, the Honourable Courts of England & Wales as well as the Honourable Courts of Jalandhar District Courts, Punjab, India, shall also apply for the purpose of enforcement of any judgment against the Client’s respective assets.

18. DISCLAIMER OF GUARANTEE

1. Nothing in these Terms and nothing in WF’s statements to the Client shall be construed to be a promise or guarantee about the outcome of Client’s matter, as described in Section 2 above. Client expressly acknowledges WF has made no such promises or guarantees to the Client. WF’s comments with regard to any possible outcome of Client’s matter prior to actual resolution are necessarily speculative in nature, and Client relies upon any such comments at Client’s sole risk, subject to WF’s ethical obligations to Client in this regard.

19. CONSTRUCTION OF TERMS

1. The following terms shall receive the following construction:
  1. WF shall mean any attorney, employee, agent or other duly authorised person or entity acting on behalf of WF.
  2. Masculine references shall be deemed to include feminine references, and vice versa.
  3. Singular references shall be deemed to include plural references, and vice-versa.

20. MODIFICATION

1. Any modification to these Terms shall only be in writing from WF.

WF hopes that this information address matters sufficiently for the Client at this stage as to the day-to-day handling of the Client’s claim and of WF’s terms of business.