Foulsham & Geddes Terms & Conditions
Definitions and interpretation:
“Australian Consumer Law” means the law set out in Schedule 2 of the Competition and Consumer Act 2010.
“Contract” means the contract between Foulsham & Geddes and the Customer for the purchase of Services.
“Customer” means the entity or entities set out in any quotation, offer or other document, and who have purchased or agreed to purchase Services from Foulsham & Geddes.
“Disbursements” means money which Foulsham & Geddes pays or is liable to pay to others on the Customer’s behalf.
“Foulsham & Geddes” means Foulsham & Geddes Pty Limited (ACN 167 291 394).
“Services” means any service which is provided by Foulsham & Geddes to the Customer.
Words importing the singular number shall be deemed to include the plural and vice versa. Words importing the male gender shall be deemed to include the female and neuter genders and vice versa.
1. General
(a) The Customer acknowledges that it has read, understood and agrees to be bound these Terms and Conditions which are deemed to be incorporated into each and every Contract between Foulsham & Geddes and the Customer.
(b) These Terms and Conditions apply to all purchases of Services. They supersede and prevail over all other conditions and agreements between the parties including any Customer’s terms of trade.
(c) In the absence of express instructions to the contrary, Foulsham & Geddes will treat any instructions the Customer gives to Foulsham & Geddes on or after the date that the costs disclosure and costs agreement is provided to the Customer as an acceptance of these Terms and Conditions.
2. Orders
(a) An order for Services constitutes an offer to purchase the Services by the Customer subject to these Terms and Conditions.
(b) All orders by the Customer are subject to acceptance by Foulsham & Geddes.
3. Professional fees
(a) Foulsham & Geddes will charge the Customer a fixed fee or a fee based upon the time involved. Professional fees based upon time will be calculated in accordance with Foulsham & Geddes’ costs disclosure and costs agreement.
(b) Foulsham & Geddes shall only provide the Customer with a costs disclosure and costs agreement if the professional fees are reasonably anticipated to exceed $700.00.
(c) Subject to 3(c), where Foulsham & Geddes charges the Customer a professional fee based upon time, Foulsham & Geddes will provide the Customer will an estimate of the cost of the work. The figure provided by Foulsham & Geddes is an estimate only and not a fixed quote.
(d) If the estimate of the cost of the work exceeds or is expected to exceed the estimate, Foulsham & Geddes will provide the Customer with a revised estimate as soon as practicable.
(e) Foulsham & Geddes rates are reviewed on a regular basis and may change during the course of a matter. In relation to lengthy matters this may impact upon our cost estimates (which may be revised accordingly). The Customer will be given 30 days’ notice in writing of any foreshadowed changes to our charge out rates.
4. Disbursements
(a) Foulsham & Geddes may incur disbursements, such as search fees, court filing fees, process server fees, witness expenses, travel expenses, transcript expenses and barrister’s fees.
(b) Where the Customer instructs Foulsham & Geddes to brief a barrister or other expert and they provide a fee agreement Foulsham & Geddes will provide this agreement to the Customer.
(c) Foulsham & Geddes will charge the Customer for all disbursements incurred during the course of a matter.
5. Sundry expenses
(a) Foulsham & Geddes charge two percent (2%) of the total professional fees to cover sundry expenses such as telephone calls, postage, printing and stationary. The Customer may request Foulsham & Geddes to record and charge for each individual sundry overhead expense.
6. Time
(a) Any time quoted by Foulsham & Geddes for provision of Services is an estimate only. Foulsham & Geddes may suspend or extend the supply time for any reason.
(b) Foulsham & Geddes shall not be liable to the Customer for any consequential loss or damage arising from any delay in delivery or non-delivery or non-supply of Services.
7. Payment
(a) Foulsham & Geddes will issue a tax invoice for professional fees and internal expenses including any uplift fee on completion of the matter. Foulsham & Geddes may also issue a tax invoice for professional fees and internal expenses at any other time.
(b) The Customer shall pay Foulsham & Geddes in full for all of the Services referred to in an invoice within fourteen (14) days after the date of the invoice.
(c) If the Customer fails to pay an invoice in full within thirty (30) days after the date of the invoice, Foulsham & Geddes may charge interest on any overdue amount at a rate of 2% per annum above the Reserve Bank of Australia’s cash rate target calculated and payable daily, compounded from the due date until the invoice is paid in full.
(d) Foulsham & Geddes is entitled to retain, by way of lien, any funds, property or papers belonging to the Customer that are in Foulsham & Geddes’ possession or control at any time, until all moneys due to Foulsham & Geddes have been paid. Foulsham & Geddes is entitled to retain such a lien even after Foulsham & Geddes ceases to act for the Customer.
(e) The Customer shall pay all costs and expenses including legal costs and debt collection fees which may be incurred by Foulsham & Geddes in the recovery or attempted recovery of any overdue amounts owing by the Customer.
(f) The time for payment of the invoice shall be of the essence of the Contract. Foulsham & Geddes may treat any default by the Customer in payment of the amount of any invoice as:
(i) a repudiation of the Contract by the Customer which Foulsham & Geddes may accept and rely upon to terminate the Contract; or
(ii) a breach of these Terms and Conditions whereupon Foulsham & Geddes may in its absolute discretion without further notice to the Customer suspend provision of the Services the subject of the Contract and any Services the subject of any other Contract with the Customer until payment in full of the amount of the invoice without incurring any liability whatsoever to the Customer in respect thereof.
* This online merchant is located in Australia.
* We do not offer a refund for any of the services we offer.
8. Authorisation to transfer money from trust account
(a) The Customer authorises Foulsham & Geddes to receive directly into its trust account any judgment or settlement amount, or money received from any source in furtherance of the Customer’s work, and to pay Foulsham & Geddes’ professional fees, any uplift fee, internal expenses and disbursements in accordance with the provisions of clause 88(3)(a)(i) of the Legal Profession Regulation 2005.
9. The Customer’s rights
(a) The Customer is entitled to:
(i) negotiate a costs agreement with Foulsham & Geddes;
(ii) receive a lump sum bill in respect of legal services provided;
(iii) request and receive an itemised bill after receipt of a lump sum bill;
(iv) be notified as soon as is reasonably practicable of any substantial change to any matter affecting costs;
(v) request in writing, and be provided with, a written report of the progress of any matter in which the Customer retain Foulsham & Geddes or a written report of the legal costs incurred by the Customer to date;
(vi) accept or reject any offer Foulsham & Geddes makes for an interstate costs law to apply to the Customer’s matter; and
(vii)notify Foulsham & Geddes that the Customer require an interstate costs law to apply to the Customer’s matter.
(b) If the Customer has a dispute in relation to any aspect of Foulsham & Geddes’ legal costs, the Customer has the following avenues of redress:
(i) in the first instance Foulsham & Geddes encourage the Customer to discuss the Customer’s concerns with Foulsham & Geddes so that any issue can be identified and Foulsham & Geddes can have the opportunity of resolving the matter promptly and without it adversely impacting on our business relationship;
(ii) the Customer may apply to the Manager, Costs Assessment located at the Supreme Court of NSW for an assessment of our costs. This application must be made within 12 months after the bill was provided or request for payment made or after the costs were paid;
(iii) the Customer may apply to the Costs Assessor to set aside some or all of these terms on the grounds they are not fair or reasonable; and
(iv) the Customer may refer a dispute about a tax invoice to the President of the Law Society or the Legal Services Commissioner for mediation if the amount in dispute is less than $10,000.
10. Retention and copying of the Customer’s documents
(a) On completion of the matter, Foulsham & Geddes will retain the Customer’s documents for 7 years. The Customer’s (express or implied) agreement to these Terms and Conditions constitutes the Customer’s authority for Foulsham & Geddes to destroy the file seven (7) years after the date of Foulsham & Geddes final tax invoice. The authority does not relate to any documents which are deposited in safe custody which will, subject to agreement, be retained on your behalf indefinitely. We are entitled to retain your documents while there is money owing to us for our costs.
(b) On completion of the matter or following termination (by either party) of Foulsham & Geddes’ services, the Customer will be liable for the cost of retrieving documents in storage and also any photocopying charges Foulsham & Geddes’ incurs and Foulsham & Geddes’ professional fees in connection with the provision of the Customer’s file to the Customer or as directed by the Customer. Foulsham & Geddes’ retrieval fee is currently $250 plus GST.
11. Confidentiality
(a) At all times Foulsham & Geddes will seek to maintain the confidentiality of the Customer’s information.
(b) Foulsham & Geddes may be permitted or required by law to disclose confidential information. Foulsham & Geddes may also, on a confidential basis, provide your information to third parties where we consider it is appropriate for the proper conduct of your matter.
12. Sending material by email
(a) Foulsham & Geddes are able to send and receive electronic mail. However, as such mail is not secure it may be copied, recorded, read or interfered with by third parties while in transit. If the Customer asks Foulsham & Geddes to transmit any document electronically, the Customer releases Foulsham & Geddes from any claim the Customer may have as a result of any unauthorised copying, recording, reading or interference with that document after transmission, for any delay or non-delivery of any document and for any damage caused to the Customer’s system or any files by a transfer.
13. Termination by Foulsham & Geddes
(a) Foulsham & Geddes may cease to act for the Customer or refuse to perform further work, including:
(i) while any of Foulsham & Geddes tax invoices remain unpaid;
(ii) if the Customer does not within seven (7) days comply with any request to pay an amount in respect of disbursements;
(iii) if the Customer fails to provide Foulsham & Geddes with clear or timely instructions to enable Foulsham & Geddes to advance the Customer’s matter, for example, compromising our ability to comply with Court directions, orders or practice notes;
(iv) if the Customer refuses to accept Foulsham & Geddes’ advice;
(v) if the Customer indicates to Foulsham & Geddes or Foulsham & Geddes form the view that the Customer has lost confidence in Foulsham & Geddes;
(vi) if there are any ethical grounds which Foulsham & Geddes considers require Foulsham & Geddes to cease acting for the Customer, for example a conflict of interest;
(vii) for any other reason outside Foulsham & Geddes’ control which has the effect of compromising Foulsham & Geddes’ ability to perform the work required within the required timeframe; or
(viii) if in Foulsham & Geddes’ sole discretion Foulsham & Geddes consider it is no longer appropriate to act for the Customer.
(b) Foulsham & Geddes will give the Customer reasonable written notice of termination of Foulsham & Geddes’ services. The Customer will be required to pay Foulsham & Geddes costs incurred up to the date of termination.
(c) Insurances
(a) Foulsham & Geddes shall maintain all reasonable insurances, including public liability insurance and professional indemnity insurance.
(d) Notices
(a) Any notice to be given to the Customer shall be deemed to be given upon its being posted to the address of the Customer, the Customer’s registered office or to the address of the Customer’s principal place of business or last known address.
(e) Governing law
This Contract and these Terms and Conditions will be governed in all respects in accordance with the laws of New South Wales. The Customer and Foulsham & Geddes agree to submit to the exclusive jurisdiction of the Courts of New South Wales.
