| Interpretation |
| In this Agreement:- |
| 1. “Agreement” |
| a. means these terms and conditions; |
| 2. “we, us, our” |
| a. means Bankruptcy from Abroad, a company whose principal place of business is at second floor, 145-157 St John Street, London, EC1V 4PY |
| 3. “Client” |
| a. means the person to whom we have agreed to provide any Services; |
| 4. “Intellectual Property Rights” |
| a. means the any of the trade marks, patents, designs, copyright material, logos & domain names in any of our literature or advertising materials; |
| 5. “Services” |
| a. means the services to be performed by us in respect of the Agreement; by using our services you are agreeing to our standard terms and conditions of business. |
| 6. “The Firm” |
| a. Means Bankruptcy from Abroad or any group or subsidiary company or adopted or trading name used by either or any of these companies in order to perform the Services |
| 7. The Agreement |
| a. By requesting any Services from us, the Client will be deemed to have accepted the terms and conditions of this Agreement, which will govern the provision of our Services to the exclusion of any other terms and conditions. |
| 8. Obligations of the Firm |
| a. Our consultants are highly trained and aim to handle every case as promptly as possible. |
| b. It is the Firm’s responsibility to: (a) practise competently, conscientiously and objectively, putting the interests of Clients foremost while observing the law and the Firm’s duty to any Court or Tribunal; and (b) avoid any conflict of interest. |
| 9. Our Liability |
| a. We recognise our Client’s statutory rights but shall not be liable for any loss or damage of any description whatsoever arising from the failure or delay caused by any third party. In any event our liability shall be limited to the amount of our fees received by us in respect of any individual instruction from which such liability may arise. We shall not be liable for any loss or damage whatsoever that the Client may suffer as a result of our being unable to fulfil any of our obligations herein due to the occurrence of an event of Force Majeure as hereinafter described. We will not be held liable for any effect that the bankruptcy has upon the client within their new country of residence; either in way of credit history or impact upon assets held by the client. |
| b. Instructions |
| a. It is important that we are able to identify who is formally our Client. We shall be entitled to assume, unless otherwise instructed in writing, that the person providing us with the initial instructions in relation to a matter is our Client and who will therefore be responsible for settlement of all our invoices and for reimbursement of all our costs and expenses incurred in carrying out their instructions. |
| b. If the Client wishes us to render invoices to and accept payment from another entity (for example, a friend or relative) then we may be willing to do this; however, responsibility for making such payment remains with our Client. |
| c. We are under a professional and legal obligation to keep our Client’s affairs confidential. However, this obligation is subject to one statutory exception; in the unlikely event of a Client supplying information which makes us suspect that he or she may be involved in money laundering we may be required to make a money laundering disclosure to the Serious and Organised Crime Agency. In such unlikely event we would breach our duty of confidentiality. |
| d. The Client accepts our right to assert ownership of the Intellectual Property Rights. |
| e. Where a Client’s difficulties are “time critical” we rely on the Client to give us timely instructions. We accept no liability if the Client does not provide clear and complete instructions early enough for us to act within those time limits. We will normally advise Clients of time limits and of actions or instructions that are required, but we do not undertake to give reminders. If we receive late instructions, we may not be able to implement them in time. In the event of late instructions or late payment to us, urgency charges may be incurred which will be passed on to you. |
| f. Oral instructions will be acted upon and the client may be requested to confirm an instruction in writing. We accept no liability for any misunderstandings or misinterpretation of oral instructions, whether on our part or that of the Client, arising as a result of the Client’s failure to comply with this Clause 5.6. |
| g. The Client undertakes promptly to provide us with all information, assistance and materials that we may request from time to time to facilitate our proper and timely performance of the Services. The Client warrants that all information provided to us will be complete and accurate and that it is entitled to provide the same to us for use in providing the Services without recourse to any third party. The Client also authorises us to complete and sign in the name of the Client such documentation as is necessary or desirable to carry out the lawful instructions of the Client, and will on request, provide in a timely manner, any requisite signed form(s) of authorisation. Furthermore, the Client will indemnify us in respect of all costs, claims, demands and expenses that may result from exercise of the authority given by this clause. |
| h. It is important that you inform us promptly of any change of address, telephone and fax numbers. No responsibility can be accepted for any loss in any case where you have failed to inform us of such changes. |
| i. We will normally communicate with you by telephone, mail or fax; however, we may communicate with you by e-mail either in response to electronic communication from you or with your prior agreement. We are aware that e-mails sent over the Internet may lack security and jeopardise confidentiality. We can accept no liability for non-receipt or late receipt by you, of such communications, or for any corruption in the information communicated to you, or its disclosure to other parties, as a result of the interception of such communication.j. Although we regularly carry out virus checks, we advise you to carry out your own virus checks on any communications (whether in the form of computer disc, e-mail, Internet or otherwise). We accept no liability (including in negligence) for any viruses that may enter your system or data by these or any other means. |
| 10. Charges |
| a. It is our usual practice to estimate our fees for a matter in advance. We operate a transparent fee structure.b. Our fee will be shown separately from the High Court fee which is currently £705. |
| c. Our quoted fees for the Services will be based on the anticipated time we spend working on the Services and also as a percentage of the quantum of debt that we are helping you with. The time element of our fees will be determined by all the circumstances of the case, including not merely time spent, but also the complexity, difficulty and urgency of the matter and the skill and responsibility involved. Our hourly rates are primarily based on the seniority and experience of the professional staff involved. |
| d. Whilst our fixed charges and hourly rates are predictable, you should appreciate that sometimes if applicable local representatives’ charges (such as witnessing of your bankruptcy documents) and official fees are outside our control since they may be changed without notice. |
| e. Expenses and disbursements such as postage and packaging, courier costs, telephone call charges, faxes, photocopying and the charges (if any) paid or to be paid by us to third parties on your behalf will be included with the fee quoted. |
| f. Except for minor items we shall normally discuss expenses and disbursements with the Client as they arise. |
| g. If for any reason we do not complete a matter, we will nonetheless charge the Client fees, expenses and disbursements in respect of the Services that have already been carried out. |
| h. If at any stage the Client is concerned about the level of our fees, the Client should speak to the consultant who has overall supervision of the matter. |
| i. We will not increase our fees once quoted, unless the client has not divulged information which directly affects the amount of work we have to carry out. In this case we reserve the right to increase fees to reflect the increased workload. |
| j. All sums referred to in this Agreement will be payable in full without deduction, withholding or set-off, unless specifically agreed in writing with the individual advisor. |
| k. If the Client cancels or amends any instructions after we have started work the Client will reimburse us for all costs, expenses, charges and losses incurred by us as a result of such cancellation or amendment, including without limitation any costs, expenses or charges arising from the cancellation or amendment of any contracts we have entered into and/or instructions we have given to third parties for the purpose of performing our Services for the Client. |
| l. In relation to overseas postal charges our standard fee includes the cost of sending documentation (such as the bankruptcy petition) to the client (s) in their Overseas Country.m. In the event of an error created by our company in relation to incorrect preparation of documents we will absorb the additional/second cost of the Courier within our standard fee.
n. In the event of the client incorrectly signing, defacing, losing or damaging the documents sent, the Client will be responsible for the additional and secondary overseas postal charges costs and we reserve the right to deduct this cost from any money held on behalf of the client. o. In the event of a client paying our Company a fee and then placing the service on hold, the client is able to receive a refund if work has yet not started on their file. In this specific situation any refund will be subject to an administration charge of £50. In addition to this administration charge our Bank will charge us £25 to send a standard international payment or £40 to send a priority international payment, therefore the total deduction from the amount received will be either £75 or £90 dependent upon the client choosing standard or priority in relation to the refund transfer method. |
| 11. Extra Charges beyond our control
a. In the event that the High Court refuses a bankruptcy application and requests a legal hearing to discuss the bankruptcy, the High Court may specify that a solicitor is required to represent the client.
b. In the event of this situation our company will not cover the cost of legal representation on behalf of the client due to the high cost of such representation.
c. In the event of this situation the client may decide to instruct a solicitor at additional cost or to withdraw their bankruptcy application.
d. If the client withdraws their bankruptcy application the Court fee of £705 will be refunded less the £180 fee that is levied by the High Court.
e. The client will receive £525 less any charges that are incurred by way of bank transfer when passing these funds back to said client.
f. If the client withdraws their bankruptcy application there will be no refund in relation to the fee that the client has paid our Company in respect of the bankruptcy service provided.
g. Our fees do not include any Bankruptcy Court Fees. The standard individual High Court fee is currently £705 (per person) but may be changed at any time by the High Court, normally in April of each year.
h. In the event of Court fee increase, the client will be responsible for this extra payment even if the bankruptcy service was commenced during the earlier Court fee structure.
12. Invoicing and Payment |
| a. We reserve the right to request a reasonable sum by way of payment on account before we commence our Services, or at any time during the provision of the Services. When we make such a request, in general we will not carry out any instructed work until the requested payment has cleared into our bank account. |
| b. All sums payable hereunder will be invoiced and paid in pounds sterling unless alternative arrangements have been agreed. All invoices shall be paid by the Client on receipt. |
| c. If the Client is overdue with any payment hereunder, then without prejudice to our other rights or remedies: |
| d. the Client will be liable to pay interest on the overdue amount in accordance with the terms of the prevailing UK Legislation (currently The Late Payment of Commercial Debts (Interest) Act 1998). Where this Act does not apply, interest will be calculated at 8% above the Bank of England Base Rate. This charge will not be incurred if the invoice is settled in full, within 30 days of the invoice date (or 60 days in the case of a Client based outside the European Economic Area); and |
| e. we reserve the right to recover costs and fees (including legal fees on an indemnity basis) incurred through seeking to recover the same; and |
| f. in the event of non-payment we reserve the right to suspend or refrain from taking action on behalf of the Client. |
| g. Any suspension of the Services by us pursuant to Clause 7.3.3, or any cancellation or amendment by the Client of instructions previously given, does not prejudice our right to invoice, and be paid, for Services we have performed and expenses and disbursements we have incurred (or to which we have become committed) prior to the date of suspension, cancellation or amendment. |
| 13. Files |
| a. Upon entering into this Agreement a file will be opened by us for the purpose of providing the Services to you. |
| b. Our files and all papers relating to the Services we perform for you shall be, and will remain, both during and after the term of this Agreement, our property in accordance with recommended practice and protected under the relevant Data Protection Laws. |
| c. If you send us original papers, documents or other materials, please tell us at the same time if you require them to be returned. Otherwise we will incorporate them into our files. |
| e. We will retain our Files (in paper or microfiche or electronic format) for such period as we consider appropriate. Generally, this will be at least 6 years from commencement of the matter to which the File(s) relate. Thereafter we will be entitled to arrange for confidential destruction of all Files. |
| f. We reserve the right to make a charge for withdrawing from storage, at your request, a File in respect of a completed matter. |
| 14. Indemnity |
| (a) The Client hereby agrees to indemnify us in the event of any claim being made against us of whatever nature as a result of incorrect or misleading information supplied to us by the Client. |
| 15. Termination |
| a. Either party may terminate this Agreement immediately upon written notice to the other in the event of: |
| b. any material breach of this Agreement by the other party, which breach is not remedied (if remediable) within 30 days after the receipt by the party in default of a written notice specifying the nature of the breach and requiring the same to be remedied. |
| c. The termination of this Agreement will be without prejudice to the rights of either party in respect of any antecedent breach and in particular the Client will remain liable to us for all fees, expenses and disbursements due in respect of Services performed up to the effective date of termination. |
| 16. Force Majeure |
| (a) We will not be liable for any delay in performing or failure to perform our Services to the extent that such delay or failure results from any cause or circumstance beyond our reasonable control (an “event of force majeure”). If any event of force majeure occurs, the date(s) for performance of our Services will be postponed for as long as is made necessary by the event of force majeure. If any event of force majeure continues for a period of or exceeding 60 days either party may cancel the affected Services immediately on written notice to the other party. An “event of force majeure” includes but is not limited to legislative and regulatory acts of government, armed conflict, civil insurrection, strike, lock out, computer failure, failure of power supplies, earthquake, typhoon, tidal wave and Acts of God. |
| 17. Notices |
| (a) All notices and other communications required or permitted to be served or given hereunder shall be in writing and delivered by hand or sent by first class registered post or courier to the intended recipient’s last known address to the Firm. |
| 18. General |
| a. The invalidity or unenforceability of any term or right arising pursuant to this Agreement will not adversely affect the validity or enforceability of the remaining terms and rights. |
| b. This Agreement constitutes the entire agreement and understanding between the parties with respect to its subject matter and supersedes any prior agreement, understanding or arrangement between the parties, whether oral or in writing, with respect to the same.
c. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in communications between the parties prior to the date of this Agreement except as set out in this Agreement.
d. Neither party will have any remedy in respect of any untrue statement made to it upon which it has relied in entering into this Agreement (unless such untrue statement was made fraudulently) and that party’s only remedies will be for breach of contract as provided in this Agreement. |
| e. By using our company services you agree that any example paperwork or guidance information shall not be reproduced for the use of another person. In the event of our company finding that our paperwork has been reproduced for the benefit of a person that is not a client to our company we will take legal action against said client to recover loss of fees. |
| f. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement. |
| g. If a conflict of interest exists between the Client’s instructions and those of any other Client for whom we are acting, or arises during the term of this Agreement, we reserve the right to ask the Client to seek advice elsewhere. Assistance in finding a suitable alternative representative is available on request. |
| h. The failure of either party to enforce or to exercise at any time or for any period of time any term of or any right pursuant to this Agreement does not constitute, and shall not be construed as, a waiver of such term or right and shall in no way affect that party’s right later to enforce or to exercise it. |
| i. In the event of an income payment order being applied by the Insolvency Service when dealing with a client’s bankruptcy, we will not be held liable or responsible under any circumstances. |
| 19. Date of moving abroad
a. To file bankruptcy from abroad under power of attorney, a client needs to live in a non European Union Country (with the exception of Denmark) which falls under a different insolvency law that will allow the client to use our services.
b. To file bankruptcy from abroad a client need to have moved from an English or Welsh address within a period of three years.
c. In the event of a client mis-representing the date that they have moved from their English or Welsh address we will not be held liable for the refusal of the bankruptcy and we will not refund any fees that have been paid to our Company.
d. In the event of a client mis-representing the last address that they have moved from (for example a Scottish or Irish address) we will not be held liable for the refusal of the bankruptcy and we will not refund any fees that have been paid to our Company.
20. Suspended or partially completed cases
a. In the event of a case being partially completed or started and then there is no further progression of paperwork, the client has a period of three months in which to contact our company to supply the information to continue with their file.
b. In the event that the three month period passes and the paperwork has not been progressed the file will be considered as suspended.
c. Reasonable attempts will be made to contact the client, normally via email or telephone contact to clarify the lack of progression.
d. Once the client has not progressed their case with our Company for a total period of six months the case will be considered closed and no further work or attempts to contact the client will take place. Please note that contact does not keep the case open (unless by specific agreement); the case must be progressed through the normal stages with the client supplying the required information as and when requested in order for our Company to complete the required bankruptcy documents.
e. All information will be held subject to UK Data Protection Laws.
f. No refund will be made to the client in the event of the file being suspended and closed.
g. In the event that the delay causes the client to be unable to file bankruptcy due to the three year rule (as described in section 19.b) there will be no refund of fees paid, and we will not be held liable in any way.
h. In the event of the client requesting that we re-open a suspended or closed file to continue with the bankruptcy procedure, the client will be charged a fee of £250 (per file) or 25% of the initial quoted fee (whichever is greater) for Bankruptcy from Abroad to re-open, review and carry out the required amendments and updates as is necessary to complete and continue with the bankruptcy.
21. Alterations |
| (a) No amendment or variation to this Agreement will be valid unless agreed in writing by one of our partners. |
| 22. Complaints |
| a. We value our good relationships with our Clients. However, we accept that from time to time, difficulties and misunderstandings do arise. If you have any problems, you should feel free to discuss your concerns with the member of our professional staff responsible for handling your work.
b. If, after such discussions, you feel that the matter has not been adequately dealt with, the matter will be considered by a consultant unconnected with your matter. If we cannot resolve the situation, we will supply, on request, details of our further Complaint Handling Procedure. |
| 23. Proper Law and Jurisdiction |
| (a) The construction, validity and performance of this Agreement will be governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales to resolve any dispute arising between them. |
| 24. The Financial Services (Distance Marketing) Regulations Act 2004 |
| a. Due to the nature of our business we do not generally meet clients on a face-to-face basis. For this reason our services are governed by the Financial Services (Distance Marketing) Regulations Act 2004. |
| b. For this reason we aim to provide each client with clear pre-contract information confirming the services that will be supplied to said client including the cost of our service. |
| c. Under the terms of the Financial Services (Distance Marketing) Regulations Act 2004 a consumer has the right to cancel the contract that they have entered into with our company. |
| d. The period of cancellation is set at 14 calendar days from the point that the initial payment is received by us from the client. |
| e. Any fee that has been paid to our company will be refunded less any charge for any service already provided to the client by our company. |
| f. Cancellation of service must be made in writing by the client to our company. This can take the form of electronic mail (an email) due to the fact that our clients are based some distance from our location.
g. Cancellation of the service can also be made by facsimile (by fax) to the number shown on our company website. |
| 25. Fee charges based on incorrect initial information-revision policy |
| a. In the event of a client providing incorrect information during our initial consultation (which the leads to an increased workload in relation to the individual case) we reserve the right to either ; |
| b. Withdraw our service and refund the client any funds paid, less a reasonable deduction for work already carried out. |
| c. Review the initial fee quoted for the work and submit a revised fee to the client |
| 26. Shipping of documents via DHL Courier Services |
| a. As part of our service we may ship documents overseas using DHL Courier services. |
| b. The cost of the first DHL shipment to the client will be met by Bankruptcy from Abroad. |
| c. The client is responsible for the cost in sending the signed documents back to our business address and we will not be held responsible for any cost involved in returning the documents to our company. |
| d. In the event of the documents not reaching our offices we will not be responsible for the loss of said documents. |
| e. In the event of Bankruptcy from Abroad incorrectly preparing a clients documents we will be responsible for the cost of shipping the second set of revised documents to the client. |
| f. In the event of incorrectly prepared documents being signed and returned to our company, Bankruptcy from Abroad will be responsible for shipping the second set of revised documents to the client and also the return cost in relation to the revised documents. |
| g. In the event of the client not signing the documents correctly we reserve the right to charge for the second delivery of documents to the client or to email the revised documents to the client.27. Disclosure of bankruptcy information via public registers a. Please note that Bankruptcy from Abroad will not be held liable for any effect that disclosure of bankruptcy in England has on a person or persons connected to the debtor. b. Please note that bankruptcy is public information and all bankruptcy cases are listed on the Insolvency Service public register which is a searchable database that can be used by any person, at any time, without charge or registration. c. Bankruptcy and Insolvency details are also listed in the London Gazette which is a Government publication showing details of bankruptcy cases. d. The debtors previous address in England or Wales will be shown on the above registers together with the overseas address that the person resides at. |
