Terms and Conditions

Last updated: January 2025

Binding Agreement

These Terms and Conditions constitute a legally binding agreement between you and Oakwood Legal. By accessing our website or using our services, you acknowledge that you have read, understood, and agree to be bound by these terms. If you do not agree with any part of these terms, please discontinue use of our website and services immediately.

Address Information

Oakwood Legal

31 Colmore Row

Birmingham, B3 2BS

United Kingdom

1. User Conduct and Obligations

1.1 Lawful Use: You agree to use our website and services only for lawful purposes and in compliance with all applicable laws and regulations. You must not use our services to engage in any illegal activities or to further any unlawful objectives.

1.2 Accurate Information: You are responsible for ensuring that all information you provide to us is accurate, complete, and up to date. You must notify us promptly of any changes to information you have provided.

1.3 Confidential Information: You acknowledge that you may receive confidential information from us during the course of our engagement. You agree to maintain the confidentiality of such information and not to disclose it to third parties without our prior written consent.

1.4 Cooperation: You agree to cooperate with us and provide timely responses to our requests for information, documents, or instructions necessary for us to provide our services effectively.

1.5 Prohibited Conduct: You must not attempt to gain unauthorised access to our systems or networks, interfere with the proper functioning of our website, transmit viruses or malicious code, harvest or collect information about other users, impersonate any person or entity, or engage in any conduct that could damage our reputation or business interests.

2. Client Responsibilities

2.1 Instructions and Decisions: While we provide legal advice and guidance, you retain ultimate responsibility for decisions regarding your legal matters. We cannot guarantee particular outcomes and are not liable for decisions you make based on our advice.

2.2 Document Provision: You are responsible for providing us with all relevant documents and information necessary for your matter. Failure to provide complete information may affect the quality of our advice and the outcome of your matter.

2.3 Timely Action: Legal matters often have strict deadlines. You agree to respond promptly to our communications and take timely action when required. Delays in your response may prejudice your position.

2.4 Payment Obligations: You are responsible for paying our fees and disbursements in accordance with the payment terms set out in your engagement letter. Non-payment may result in suspension or termination of our services.

2.5 Indemnification: You agree to indemnify and hold harmless Oakwood Legal, its partners, employees, and agents from any claims, losses, damages, or expenses arising from your breach of these terms or your use of our services, except where caused by our negligence or wrongful conduct.

3. Scope of Services and Limitations

3.1 Service Boundaries: Our services are limited to the matters specifically agreed in your engagement letter. Unless otherwise stated, our advice relates only to the laws of England and Wales as they stand at the time we provide the advice.

3.2 No Guarantee of Outcomes: While we will use our professional skill and care in providing services, we cannot guarantee specific outcomes or results. Legal proceedings and negotiations involve uncertainties beyond our control.

3.3 Third-Party Reliance: Our advice is provided solely for your benefit and may not be relied upon by third parties unless we have expressly agreed in writing to such reliance.

3.4 Conflicts of Interest: We have procedures to identify and manage conflicts of interest. If a conflict arises that cannot be resolved, we may be unable to continue acting for you and will explain the position.

4. Disclaimers and Warranties

4.1 Website Content: While we make reasonable efforts to ensure that information on our website is accurate, we do not warrant the accuracy, completeness, or currency of website content. Website information is for general guidance only and does not constitute legal advice.

4.2 Service Availability: We do not guarantee that our website will be available continuously or error-free. We reserve the right to suspend or withdraw access for technical, operational, or other reasons.

4.3 No Warranty of Fitness: Except as expressly stated in these terms or required by law, we make no warranties or representations, whether express or implied, regarding our website or services.

5. Liability and Indemnity

5.1 Limitation of Liability: Subject to clause 5.2, our total liability to you in connection with any single matter, whether in contract, tort, breach of statutory duty, or otherwise, shall not exceed the amount of fees paid by you for that specific matter or the amount recoverable under our professional indemnity insurance, whichever is lower.

5.2 Exceptions to Limitation: Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.

5.3 Consequential Loss: To the maximum extent permitted by law and professional regulations, we shall not be liable for any indirect, consequential, special, or exemplary damages, including loss of profits, business interruption, or loss of business opportunities.

5.4 Time Limitation: Any claim against us must be brought within six years from the date when you knew or ought reasonably to have known of the facts giving rise to the claim, or within six years of the conclusion of our work on the relevant matter, whichever is earlier.

6. Data Protection and Privacy

6.1 Data Processing: We process your personal data in accordance with UK GDPR and the Data Protection Act 2018. Please refer to our Privacy Policy for detailed information about how we handle your data.

6.2 Your Obligations: If you provide us with personal data of third parties (such as witnesses or other parties to a transaction), you confirm that you have obtained appropriate consent or have another lawful basis for sharing that information with us.

7. Termination

7.1 Your Right to Terminate: You may terminate our engagement at any time by giving us written notice. You will remain responsible for fees and disbursements incurred up to the date of termination.

7.2 Our Right to Terminate: We may terminate our engagement with you if you fail to comply with these terms, fail to pay our fees, provide false or misleading information, or if we identify a conflict of interest or other professional reason that prevents us from continuing to act.

7.3 Effects of Termination: Upon termination, we will cease work on your matter and return your documents (subject to our lien for unpaid fees). You will remain liable for all fees and disbursements incurred up to the termination date.

8. Dispute Resolution

8.1 Governing Law: These Terms and Conditions are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction to settle any dispute arising from these terms.

8.2 Complaints Procedure: If you have a complaint, please contact us in the first instance. We have an internal complaints handling procedure. If your complaint is not resolved satisfactorily, you may refer the matter to the Legal Ombudsman.

8.3 Alternative Dispute Resolution: Where appropriate, we may suggest alternative dispute resolution methods such as mediation to resolve disputes efficiently and cost-effectively.

9. General Provisions

9.1 Entire Agreement: These Terms and Conditions, together with your engagement letter and our Privacy Policy, constitute the entire agreement between you and Oakwood Legal regarding the use of our website and services.

9.2 Severability: If any provision of these terms is held to be invalid or unenforceable, that provision shall be struck out and the remaining provisions shall remain in full force and effect.

9.3 Waiver: No waiver of any term shall be deemed a further or continuing waiver of such term or any other term. Our failure to enforce any provision shall not constitute a waiver of that provision.

9.4 Assignment: You may not assign or transfer your rights or obligations under these terms without our prior written consent. We may assign our rights and obligations to another legal practice with your consent.

9.5 Force Majeure: We shall not be liable for any failure or delay in performance of our obligations caused by circumstances beyond our reasonable control.

9.6 Third-Party Rights: These terms do not confer any rights on third parties under the Contracts (Rights of Third Parties) Act 1999.

10. Amendments to Terms

We may update these Terms and Conditions from time to time. Updated terms will be posted on our website with a new "Last updated" date. For ongoing client engagements, material changes will be communicated to you directly. Your continued use of our website or services after changes are posted constitutes acceptance of the updated terms.

Contact Us

If you have any questions about these Terms and Conditions or need clarification on any point, please contact us through the contact details provided on our website.