Terms and Conditions
Terms and Conditions
1. C Forensics Limited (“C Forensics”) will use reasonable efforts to secure the best result in the matter.
2. By instructing us and continuing to deal with us in connection with any matter where we are acting on your behalf, you are 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.
3. C Forensics shall have no liability to 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 Forensics 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.
4. C Forensics 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 Forensics or any of its members, employees or agents, in which case C Forensics' 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.
5. 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.
6. Complaints Procedure: Any client complaints should be directed to the supervising Director of C Forensics who will implement the appropriate procedure.
In the event a dispute arises between C Forensics 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.
7. 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 Forensics or its affiliates to enforce these conditions.
8. C Forensics 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. The client will not in these circumstances be responsible for C Forensics' fees/expenses (unless otherwise agreed).
Hourly rate matters
9. Unless otherwise expressly agreed in writing, our fees are calculated on an hourly basis at varying rates depending on the seniority and experience of the case-handler involved, the complexity of the matter, the value of the transaction and the urgency involved. Hourly rates are subject to periodic review and adjustment. It is our practice to issue invoices for our fees and expenses on a regular interim basis. All invoices are due for payment within 14 days of delivery, failing which interest may be charged at 1% above the prime rate of interest. Although we may at your request provide estimates of fees that we anticipate may be incurred, such estimates are by their nature inexact and we will not be bound by them unless expressly agreed in writing.
Contingency cases – debt recovery
10. Where C Forensics agrees to handle debt recovery work on a contingency basis, C Forensics, its subsidiaries, affiliates and associates will use reasonable efforts to secure the best result in the case (in accordance with the client's written instructions) and will receive a fee in the event of success.
11. Unless otherwise agreed, the fee payable to C Forensics will be a percentage of the total of all amounts received by settlement, arbitration award or judgement and interest in respect of any claim, plus all of any sum awarded and recovered by way of recoverable costs, subject to a minimum fee of US$5,000, all on a 'no win no fee' basis. C Forensics shall account to the client in respect of any recovery made in respect of costs funded by the client.
12. Where costs and expenses in performing services under this Agreement are incurred on behalf of the client, the client agrees to pay for all costs and expenses so incurred. Costs and expenses commonly include search fees, fees of third party service providers, photocopying and reproduction costs, notary fees, fees of lawyers, travel costs, hotel costs, consultant fees and other similar items.
13. C Forensics 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 or disproportionate costs being/likely to be incurred.
C Forensics does not undertake to pursue the matter to conclusion at any cost. Other grounds for discontinuing work will include but not be limited to:
non-payment of funds within 14 days of a request to do so;
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.
14. The client undertakes:
to give C Forensics, evidence and access to necessary witnesses, all at its cost, when reasonably requested to do so;
to give (by agreeing these terms) C Forensics irrevocable instructions/authority to deal with the matter and to act in accordance with the reasonable recommendations of C Forensics;
to undertake no direct negotiations with opposing interests (either directly or through an intermediary) without C Forensics' written approval and any settlement negotiated will entitle C Forensics to recover its fee (and any recoverable lawyers' fees) in full unless notice, in accordance with clause 10 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 Forensics prior to any reconciliation with the client.
15. Nothing in terms and conditions and nothing in C Forensics’ statements to the client will be construed as a promise or guarantee about the outcome of the matter. C Forensics makes no such promises or guarantees. There can be no assurance that the client will recover any sum or sums in this matter. C Forensics comments about the outcome of the matter are expressions of opinion only. The client acknowledges that C Forensics has made no promise or guarantees about the outcome.
16. C Forensics will not make any settlement or compromise of any nature of the client's claim without the client's prior approval. The client has the right to accept or reject any settlement. The client agrees to seriously consider any settlement offer C Forensics recommends before making a decision to accept or reject such offer.
17. The client hereby grants C Forensics a lien on any and all claims or causes of action that are the subject of C Forensics’ representation. C Forensics’ lien will be for any sums owing to C Forensics for any unpaid costs, or fees, at the conclusion of C Forensics' services. The lien will attach to any recovery the client may obtain, whether by arbitration award, judgment, settlement or otherwise.
18. All proceeds of the client's case shall be deposited into C Forensics’ bank account for distribution in accordance with the provisions of this Agreement.
The C Forensics Anti-Bribery and Corruption Policy
C Forensics and any of its 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 Forensics 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 Forensics 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 Forensics 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 C Forensics must adhere to this policy and have similar policies in place.