By Frances Traynor
22nd November 2017
Written by Lorraine Imhoff
The following sets out our standard terms and conditions covering the use of our Website and provision of services available via our Website.
For any queries regarding the use of our Website or provision of our services, please contact us on 0800 038 6699 Freephone from landlines/mobiles or via email at firstname.lastname@example.org or post or via this link.
Our company details are:
Homeward Legal (a trading name of Fitzalan Partners Limited)
95 Chancery Lane
Main Switchboard:0800 038 6699
Opening Hours: 9am-8pm Mon-Thur, 9am-6pm Fri, 10am-4pm Sat/Sun.
Registered Office: 1430 Montagu Court, Kettering Parkway, Kettering, Northants, NN15 6XR
Company Registration Number (Registered in England): 07314708
VAT Number: 105576520
These Conditions as amended by us from time to time apply to the use of this Website and by accessing this Website and/or obtaining a quote and/or instructing a Service or Product you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these Conditions you may not use or access this Website and should not obtain a Quote or instruct any Service or Product offered by Homeward Legal.
Before you instruct a Service or Product through www.homewardlegal.co.uk, if you have any questions relating to these Conditions please contact our Client Service team by e-mail at email@example.com, or by calling us on 0800 038 6699 between 9am-8pm Mon-Thur, 9am-6pm Fri, 10am-4pm Sat/Sun. Please note that all calls to Homeward Legal on 0800 038 6699 number are charged at the local rate when calling from a land line or a mobile phone. Inbound and outbound calls may be recorded for quality monitoring and training purposes.
All descriptive matter, specifications, advertising and promotional material issued by Homeward Legal and any descriptions or illustrations contained in Homeward Legal’ websites or brochures or marketing literature are issued or published for the sole purpose of giving an approximate idea of the services and/or information about third parties described in them, and shall not form part of the Agreement. In this Agreement:
In these Conditions the following words and expressions shall have the following meanings when they start with capital letters:
"Conditions" means these terms and conditions.
"Service or Product" means a service or product displayed for sale on the Website including but not limited to conveyancing and other legal services
"Service or Product Description" means that part of the Website where certain terms and conditions in respect of the individual Service or Product are provided.
“Instruction/s” means the placing of an order for a Service or Product made available on the Website.
"Users" means the users of the Website.
"Personal Information" means the details provided by you on acquiring a quote or instructing a Service or Product via our Website.
"Website" means the website located at www.homewardlegal.co.uk or any subsequent URL which may replace it.
"United Kingdom" means England, Wales, Scotland, Northern Ireland and the Channel Islands.
"Service Provider" means the a solicitor or property lawyer practice or firm or other third party practice or firm introduced to the Client by Homeward Legal.
"Client" means the person identified in a Quote who will be introduced to one or more Service Provider(s).
"Quote" means a written quotation supplied by Homeward Legal (in electronic format or via our Website or by email or in hard copy) to a Client setting out the Service or Product requested by the Client and an indicative fee for the Services based on the information supplied to Homeward Legal by the Client.
"Searches" means the third party enquiries made of third party authorities that include but are not limited to searches made of the local authority, Land Registry, company providing private or personal search services, water authorities etc.
"Agreement" as defined in the Introduction.
Homeward Legal is a trading style of Fitzalan Partners Limited. The Website is provided by Fitzalan Partners Limited referred to in these Conditions as "we" "us" and/or "our" and “you” or “your” shall mean the User and/or Client. If you are accessing or using this Website in your capacity as an employee, director, officer, partner or agent of a corporate or unincorporated entity “you” and “your” shall refer to you and such entity and you represent that you are authorised to accept these Conditions on behalf of such entity and agree to be personally bound by these Conditions.
Assignment and sub-contracting Homeward Legal may assign, sub-contract or otherwise transfer its rights and obligations under this Agreement to another person, and will always notify the Client in writing if this happens, but this will not affect the Client's rights or obligations under this Agreement.
These Conditions, the Agreement, all matters regarding the interpretation or enforcement of it (including non-contractual disputes or claims), and any other matters or disputes arising in connection with it or its subject matter, shall be governed by English law and the parties hereby submit to the non-exclusive jurisdiction of the English courts (where the Client is a consumer) and the exclusive jurisdiction of the English courts (where the Client is not a consumer).
You are provided with access to this Website in accordance with these Conditions and any instructions for a Service or Product placed by you must be placed strictly in accordance with these Conditions.
We cannot guarantee that this Website and the content contained herein will operate in accordance with your expectations or will be error free. If you are aware of any error on this Website please contact us by email at firstname.lastname@example.org and we will endeavour to correct it.
It is our policy to virus check documents and files before they are posted on this Website. However, we cannot guarantee that documents or files downloaded from this Website will be free from viruses and we do not accept any responsibility for any damage or loss caused by any virus. Accordingly, for your own protection, you must use virus-checking software when using this Website. You must not post or provide to us via this Website, any document or file which you believe may contain a virus. You must virus check any document or file which you intend to post or provide to us via this Website.
You may only use this Website for lawful purposes. You must ensure that any document, file or other information that you intend to post to our Website or provide to us via this Website does not contravene any applicable laws or contravene any person’s legal rights and you must not post or upload anything indecent, obscene, abusive, libellous or defamatory. We do not monitor or edit documents or files posted or provided to us by other persons for posting on this Website and accordingly we do not accept any responsibility for any damage or loss you may suffer. We reserve the right to remove material from this Website that infringes these rules.
We do not guarantee uninterrupted and/or reliable access to the site and make no guarantees whatsoever as to its operation, functionality or otherwise.
Occasionally third parties may provide storage services to us. In those circumstances those third parties shall be required to enter into a confidentiality agreement on no less stringent terms than found in these Conditions and to process your data solely in accordance with our instructions.
We are the owner or the licensee of all intellectual property rights and data in the site and in all the material published on it. These rights are protected by laws and treaties around the world including, without limitation, copyright, design rights, database rights and trademark laws. You do not have any rights to use the content of the site or such intellectual property or data except as expressly set out in these Conditions.
The information contained in our Website has been published in good faith and with the aim of ensuring its accuracy, but in some cases it may be incorrect, incomplete or out of date. If we become aware of any material inaccuracies in the information on the site we will use reasonable efforts to correct it.
Nothing in this Website or the documents available through it constitutes legal or other professional advice. You should not rely on any information contained in this Website as if it were legal or other professional advice.
Neither Fitzalan Partners Limited nor Homeward Legal are a Service Provider and we do not provide any legal services or hold ourselves out as doing so. Any legal services offered or provided through our Website are offered or provided by a Service Provider. Each of these Service Providers is solely responsible for the advice which they provide to you.
Nothing in these Conditions limits our liability for death or personal injury arising from our negligence, nor our liability for fraud, fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
Homeward Legal is a trademark of Fitzalan Partners Limited. Except where permitted by applicable law, these Conditions, or otherwise set out on the Website, you may not use such trademarks without our prior written permission.
You may use the Website only for lawful purposes. In particular you shall not;
You acknowledges that a Quote provided by Homeward Legal is not an offer capable of acceptance.
You warrant that:
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website.
Where the Client requests a Quote either via our Website, by phone, by post, by fax or by any other medium, Homeward Legal will use reasonable endeavours to identify one or more Service Providers who have confirmed to Homeward Legal hat they are able and willing to provide the Services required by the Client, based on the information provided by the Client.
Quotes are valid for 7 calendar days from the date the quote was obtained.
Quotes are only valid for properties in England and Wales.
Homeward Legal comply with, and are subject to, the Solicitors' Code of Conduct 2011 published by the Solicitors Regulation Authority (SRA). Solicitors acting as Service Providers are regulated by the SRA. Quotes are based on the information you supply, so if information is incorrect or changes you should let us know immediately. Homeward Legal will require a non refundable initial payment for the No Completion No Fee Guarantee in order for the solicitors to begin work on your file. The Service Provider’s 'No Completion No Fee' guarantee means that if the Client's property transaction does not complete, the Client will only pay the Service Provider for disbursement costs incurred on the Clients behalf. The Client's initial payment for the No Completion No Fee Guarantee will not be refunded, however the Guarantee can be used on any future Service or Product with the same Service Provider.
Wherever possible all Services and Products made available through our Website are quoted with a Fixed Fee Guarantee in respect of the Service or Product offered.
Homeward Legal have entered into partnership agreements with a number of Service Providers throughout England and Wales. A strict condition of this partnership agreement is that all Services and Products are supplied at a fixed cost as per the Quote supplied by Homeward Legal. In the unlikely event that the fixed fee guarantee is not adhered to by a Service Provider then you should contact Homeward Legal immediately in order that we may resolve the situation.
On rare occasions we will not be able to supply a fixed fee Quote. An example might be to facilitate the representation of a client at a Leasehold Valuation Tribunal. In the event that we cannot supply a fixed fee Quote this will be explicitly stated.
Conveyancing Quotes supplied by Homeward Legal to Clients who are purchasing a property include SPP.
SPP applies when the Client's initial property purchase falls through or does not complete and Searches have been ordered in respect of that initial property purchase and paid for by the Client. When the Client instructs the Service Provider to act on the purchase of a second property under the No Completion, No Fee guarantee SPP entitles the Client to free Searches on the second property purchase equivalent to those ordered on the first property.
Eligibility for SPP is subject to the following conditions:
The Client acknowledges and agrees that:
Homeward Legal provides Clients with processing services free of charge, however it reserves the right to charge additional sums as notified to the Client in advance from time to time.
In some circumstances Homeward Legal will take a payment from a Client up-front on behalf of a Service Provider to allow a Service Provider to start to provide Services or Products immediately. Where a Quote requires an up-front payment the Client accepts that the work covered by it will start as soon as possible after payment
All fees and the terms of payment for the performance of Services or Products shall be governed by the relevant Service Provider terms.
Although Homeward Legal uses reasonable endeavours to ensure all Quotes are accurate, Quotes should be regarded as indicative only, in particular in relation to any fees referred to in them. All information in Quotes and on which Homeward Legal bases Quotes is provided to Homeward Legal by the Client and/or relevant Service Providers and Homeward Legal cannot and do not undertake to verify the information before producing the Quote.
Clients will have the right to cancel a conveyancing or legal Service or Product Instruction within 14 (fourteen) calendar days from the date of Instruction and receive a refund of their initial No Completion No Fee Guarantee payment if the Service Provider has not commenced the legal work and the Client accepts that this "cooling-off period" ends once the Client waives their right to any remainder of the “cooling-off period”.
Following the Client’s consent to waive the “cooling-off period” the Service or Product may be cancelled but the Client’s initial payment for the No Completion No Fee Guarantee will not be refunded. However the Guarantee can be transferred to any future conveyancing Service or Product with the same Service Provider.
If you wish to cancel a conveyancing or legal Service or Product please contact email@example.com or call 0800 038 6699 between 9am-8pm Mon-Thur, 9am-6pm Fri, 10am-4pm Sat/Sun. Please be ready to quote your reference number and order date.
We reserve the right to:
It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked Website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
From time to time, Homeward Legal may offer a promotion. You can see the terms and conditions of promotions here.