Reclaim Your Bank Charges Today
Tel: 0800 043 6432
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Reclaim Your Bank Charges Today Tel: 0800 043 6432 |
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THE ALCHEMY ORGANISATION LIMITED TERMS
& CONDITIONS The Alchemy Organisation ltd is regulated by the Ministry of Justice in respect of regulated claims management activities (CRM 1698); our registration is recorded on the website www.claimsregulation.gov.uk 1 What you must do and how you must act 1.1 You give THE ALCHEMY ORGANISATION LTD exclusive rights to manage your claim. 1.2 You give THE ALCHEMY ORGANISATION LTD full authority to deal with any party on your behalf and to obtain other relevant information from whatever source. 1.3 You agree to deal promptly with every reasonable request by THE ALCHEMY ORGANISATION LTD for authority, information and documents and further instructions that THE ALCHEMY ORGANISATION LTD may from time to time require. 1.4 You will inform THE ALCHEMY ORGANISATION LTD within 5 days of knowledge of any relevant matters affecting or pertaining to the claim. 2 Contact with you 2.1 To enable us to provide our services to you, there may be occasions when we need to contact you without your express invitation, and you agree that we may do so. 3 Fees 3.1 Subject to the remainder of this clause, if we do not secure a compensation offer, a refund offer or a rebate for you, you will pay us nothing. 3.2 We will charge you 20% including VAT on any final compensation offer or final offer of refund or rebate made to you, whether or not you choose to accept it. You agree that THE ALCHEMY ORGANISATION LTD will be paid direct in respect of any offers or monies settlement we will deduct our fee at source before paying you the total offer or monies in settlement less 20% including VAT. In the unlikely event monies in settlement is made direct to you, you agree that the invoice for our fee is payable by you within 28 days of receipt of said invoice. 3.3 If you dis-instruct us (for example, to try and avoid paying our fee just before compensation or a refund is paid), we reserve the right to charge, at our discretion, for either 20% including VAT of any compensation or refund offered to you; or an admin fee of £200 including VAT for issuing your claim, plus a further £200 including VAT if we have issued court proceedings. 3.4 If your claim is settled by any means other than by compensation or refund or rebate, we reserve the right to charge as set out in clause 6. 3.5 If we are required to repeatedly pursue you for our fees (such as sending you 3 or more ‘chaser’ letters), we reserve the right to charge you £10 in respect of each ‘chaser’ letter sent, plus £2.50 for each ‘chaser’ call our call centre makes to you (both excluding VAT). Should we be required to pass this matter to our lawyers, we will warn you as such in our final letter, and you will thereafter be liable for £45 plus VAT for each lawyer’s letter you receive. (Fees & charges as stated in both 3.3 & 3.5 are in place to prevent the cost of our service rising to an unacceptable level owing to non payers who in turn affect our honest clients) 4 Data 4.1 During the term of the Agreement we may request information about your personal and financial situation from you and third parties. The information that we obtain about your personal and financial situation may constitute “personal data” or “sensitive personal data” under the Data Protection Act 1998 (“1998 Act”). You expressly consent that we: 4.1.1 Carry out such processing of such data as is necessary to enable us to carry out the services; 4.2.2 Disclose such data to such advisers or other third parties as is necessary to enable us to provide the services to you; 4.2.3 Hold such data in accordance with the law and our internal retention policies; and 4.2.4 using our knowledge of your personal and financial situation, bring to your attention, from time to time, information that we believe may be of interest to you, unless you have informed us that you do not wish to receive any such information. 4.2 If requested by you in writing, we shall (for a fee not exceeding the maximum fee prescribed in the 1998 Act) provide details of the data we hold about you. You undertake to advise us if any such details are incomplete, inaccurate or out of date. 4.3 If requested, by you in writing, we shall provide you with details of the third parties to whom we disclose information about your personal and financial situation. 4.4 We will rely on the information and documents that you provide us with as being true, correct and complete. We will not audit, test or check such information or documents except where this is inconsistent with our obligations under the law. 5 Confidentiality 5.1 Subject as contained in these conditions, we shall not, without your prior written consent, disclose any information, which can be reasonably considered to be confidential, concerning your personal or financial situation to third parties (except to other professional advisers) whom we may consult in relation to our work and save to the extent that the information is in the public domain), unless otherwise required by law, a court of competent jurisdiction, HM Inland Revenue or other government or regulatory authority. 5.2 In the exceptional circumstance that we do provide you with advice, all information and advice, written or oral, or whatever nature, made available by us to you is for your sole use and shall not, without prior written consent, be disclosed or made available to any third party (save to the extent that the information is in the public domain otherwise than by breach of this clause) unless otherwise required by the law. 6 Liability 6.1 This Clause prevails over all other Clauses and sets forth the entire liability of THE ALCHEMY ORGANISATION LTD, and your sole and exclusive remedies in respect of: 6.1.1 The performance, non-performance, purported performance or delay in performance of the Agreement; or 6.1.2 Otherwise in relation to the Agreement or the entering into or performance of the Agreement. 6.2 Nothing in the Agreement shall exclude or limit THE ALCHEMY ORGANISATION LTD’S Liability for (i) fraud; (ii) death or personal injury caused by its breach of duty; (iii) any breach of the obligations implied by s.12 Sale of Goods Act 1979 or s.2 Supply of Goods and Services Act 1982; or (iv) any other liability which cannot be excluded or limited by applicable law. 6.3 Save as provided in Clause 6.2, THE ALCHEMY ORGANISATION LTD does not accept and hereby excludes any liability for breach of duty other than any such liability arising pursuant to the terms of the Agreement. 6.4 Save as provided in Clause 6.2, THE ALCHEMY ORGANISATION LTD shall have no liability for a) loss of revenue; b) loss of actual or anticipated profits; c) loss of contracts; d) loss of the use of money; e) loss of anticipated savings; f) loss of business; g) loss of opportunity; h) loss of goodwill; i) loss of reputation; j) loss of, damage to or corruption of data; or k) any indirect or consequential loss; and such liability is excluded whether it is foreseeable, known, foreseen or otherwise. For the avoidance of doubt, Clauses 6.4(a) to (j) apply whether such losses are direct, indirect, consequential or otherwise. 6.5 Save as provided in Clause 6.2, the total liability of THE ALCHEMY ORGANISATION LTD to you or any third party shall in no circumstances exceed, in aggregate, a sum equal to the greater of: a) £5,000; or b) 110% of any fees invoiced or invoice-able in the 12 months preceding any cause of action arising. 6.6 The limitation of liability under Clause 6.5 has effect in relation both to any liability expressly provided for under the Agreement and to any liability arising by reason of the invalidity or unenforceability of any term of the Agreement. 6.7 THE ALCHEMY ORGANISATION LTD accepts no liability for an unsuccessful claim or for the amount of compensation or refund paid. 6.8 THE ALCHEMY ORGANISATION LTD accepts no liability due to the provision of false, misleading or incomplete information or documentation or due to any acts or omissions of any person other than THE ALCHEMY ORGANISATION LTD. 6.9 In this Clause 6, “breach of duty” means the breach of any (i) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract or (ii) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty) and “liability” means liability in or for breach of contract, breach of duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with the Agreement, including, without limitation, liability expressly provided for under the Agreement or arising by reason of the invalidity or unenforceability of any term of the Agreement (and for the purposes of this definition, all references to “the Agreement” shall be deemed to include any collateral contract). 6.10 THE ALCHEMY ORGANISATION LTD is an authorised claims management company not legal or financial advisors, and as such none of its employees may give clients financial or legal advice at any time, whether verbally or in writing. 6.11 In the exceptional event that we do provide you with advice, any advice to you will be specific to your circumstances and intentions at the time it is given and therefore may not be suitable at any other time, in different circumstances, to achieve other aims or for the use of others. Accordingly, you must use the advice only for its intended purpose. 7 Third Party Rights 7.1 No term of the Agreement shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to the Agreement. 8 Whole agreement 8.1 The Agreement contains all the terms between you and THE ALCHEMY ORGANISATION LTD regarding its subject matter and supersedes and excludes any prior agreement, understanding or arrangement between you and THE ALCHEMY ORGANISATION LTD, whether oral or in writing. 9 Law and Disputes (Complaints) 9.1 The Agreement and your relationship with us shall be governed by English law and you and THE ALCHEMY ORGANISATION LTD submit to the exclusive jurisdiction of the English courts. 9.2 We aim to provide you with a high quality service to meet your needs. If at any time you wish to make a complaint about any aspect of our services, please contact the Director of THE ALCHEMY ORGANISATION LTD at our registered address: 5 Jupiter House, Calleva Park, Aldermaston, Reading RG7 8NN. 9.3 We undertake to look into any matter carefully and promptly and to do all we can to resolve the position to your satisfaction. 10 Termination 10.1 THE ALCHEMY OTGANISATION LTD may terminate this contract at any time where it believes that, due to material changes to circumstances surrounding the claim or regulation changes and/or the case is unlikely to succeed. 10.2 Where the client fails to meet any of the client's obligations set out in paragraph 1, THE ALCHEMY ORGANISATION LTD Ltd may terminate the contract and reserves the right to charge its reasonable costs. 10.3 Where THE ALCHEMY ORGANISATION terminates the Contract under 10.1 or 10.2, it will inform the Client in writing. 10.4 The client shall have the right to terminate the contract within 14 days of signing the contract and in that case shall not incur any fee from THE ALCHEMY ORGANISATION LTD. Notice should be made in writing to the company and will be effective from the date posted by the client. The client should obtain and retain proof of postage to verify the date posted. 10.5 The client has the right to terminate the contract by providing THE ALCHEMY ORGANISATION LTD written notice at any time. If the notice to terminate is received after 14 days of signing the contract and before any offer of redress is made by the provider, THE ALCHEMY ORGANISATION LTD shall charge reasonable costs associated with the claim, including costs for work performed by THE ALCHEMY ORGANISATION LTD. THE ALCHEMY ORGANISATION LTD will confirm its charges on receipt of notice to terminate as set out in paragraph 3.2. CLICK HERE TO READ OUR COMPLAINTS PROCEDURE The Alchemy Organisation Limited Trading Address Tel: 08707 606712 / Fax: 08707 606713 /
E: info@alchemyorganisation.com /
W: www.alchemyorganisation.com |
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And that's it, your claim begins!
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