General Terms and Conditions
C Support's services under Tier 1 are governed by the following terms and conditions:
1. C Support, its subsidiaries, affiliates and associates will use reasonable efforts to secure the best result in the matter (in accordance with the client's written instructions).
2. C Support reserves the right to discontinue work on the case if, in its sole discretion, no success is likely to be achieved taking into account the merits of the matter.
3. C Support does not undertake to pursue a matter to conclusion at any cost. Grounds for discontinuing work will include but not be limited to:
Non-payment of fees or funds due to C Support in accordance with its agreement with the client;
misconduct, imprisonment, fraud or bankruptcy of the client;
failure by the client to provide correct, complete or accurate instructions or information;
breach of these conditions by the client.
4. C Support will give the client 10 days' notice (or 4 days’ notice if there has been a breach of fee payment terms as above) of any intention to discontinue work on the matter.
5. If any costs are paid in addition to any recovered amount, these will be for the credit of C Support and payable in addition to the fee payable to C Support under the terms of its agreement with the client.
6. The client undertakes:
to give C Support, its subsidiaries, affiliates or associates instructions, evidence and access to necessary witnesses, all at its cost, when reasonably requested to do so;
to give (by agreeing these terms) C Support irrevocable instructions/authority to deal with the case and to act in accordance with the reasonable recommendations of C Support to settle;
to undertake no direct negotiations with opposing interests (either directly or through an intermediary) without C Solution's written approval and any settlement negotiated will entitle C Solutions to recover its fee (and any recoverable lawyers' fees) in full unless notice, in accordance with clause 5 above, has been given;
to irrevocably agree that any money(ies) recovered from any third party(ies) shall be payable in the first instance directly to the account of C Support prior to any reconciliation with the client
7. The client is responsible for disbursement costs which may include courier costs, local correspondent costs and/or other third party costs or expenses. The client will be notified about such costs at an appropriate time and before such costs are incurred.
8. C Support shall have no liability to the client under its agreement with the client if it is prevented from, or delayed in performing, its obligations under the contract or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving the workforce of C Suport, its agents, affiliates or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, terrorism, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
9. C Support shall be under no liability whatsoever to the client for any loss, damage, delay or expense of whatsoever nature, whether direct or indirect and howsoever arising in the course of the performance of its retainer UNLESS same is proved to have resulted from negligence, or wilful default of C Solutions or any of its members, employees or agents, in which case C Support's liability for each incident or series of incidents giving rise to a claim or claims shall never exceed a total of ten times the fees payable for the term of the case or Pounds Sterling five hundred thousand whichever is the smaller.
10. Destruction of documents: At the conclusion of a matter we will review our file and discard any unnecessary additional copies of documents, then send the balance of the file to an off-site facility for storage at our expense, unless you request us to deliver the file to yourself. To minimise the storage expenses, we reserve the right, subject to your written contrary direction, to retain files for only six years from the completion of the matter and to destroy older files to the extent practical. If you wish us to handle the disposition of files in a different manner, please let us know in writing. Otherwise we will proceed as set forth above.
11. Complaints Procedure: Any client complaints should be directed to the supervising Director of C Support or the Chief Operating Officer who will implement the appropriate procedure. In the event a dispute arises between C Support and the client, such dispute must first be referred to Mediation in London. A procedure for Mediation must be agreed upon by the parties within 14 days of one party requesting Mediation. Unless otherwise agreed the parties will share the cost of the Mediation equally. In the event that Mediation is unsuccessful, the matter shall be referred to arbitration in London in accordance with the Arbitration Act 1996 or any statutory modification or re-enactment thereof.
12. These conditions will be governed and construed in accordance with English Law and any dispute arising hereunder will be determined by the exclusive jurisdiction of the English Court save for any proceedings necessary for C Support or its affiliates to enforce these conditions.
13. By instructing C Support and continuing to deal with us in connection with any matter where we are acting on the client's behalf, the client is deemed to have read, understood and agreed to these conditions. If you are an intermediary or agent instructing us on behalf of Principals, you undertake to bring these conditions to the attention of your Principals and procure their acknowledgment and agreement to these conditions.
The C Solutions Group Anti-Bribery and Corruption Policy
The C Solutions Group of companies including associated, affiliated and subsidiary companies is committed to carrying out business fairly, honestly and openly and has a zero tolerance approach to bribery and corruption.
In accordance with the Bribery Act 2010 the C Solutions Group prohibits the:
1. offer, promise, giving, solicitation or acceptance of any bribe, whether a financial or other advantage, directly or through a third party, to any person or company or public official;
2. by any individual employee, agent or person who performs services or acts on behalf of the C Solutions Group;
3. in order illegally or unethically to obtain or retain business or an advantage in the conduct of business, or gain a financial or other advantage for The C Solutions Group including associated, affiliated and subsidiary companies or for any individual or any person or company connected with that individual.
All persons who act on business for The C Solutions Group must adhere to this policy and have similar policies in place.