Terms of Business
1. Who we are
These terms apply to all work carried out by Holland & Holland Associates Limited trading as Holland Law ("we", "us", "our"), of 253 North Road, Stoke Gifford, South Gloucestershire, BS34 8PW. We can be contacted at enquiries@hollandlaw.co.uk.
Holland Law is a trading name of Holland & Holland Associates Limited, a company registered in England and Wales under number 04759022, with registered office at 253 North Road, Stoke Gifford, South Gloucestershire, BS34 8PW.
2. Our regulatory status
Holland Law is not a firm of solicitors and is not regulated by the Solicitors Regulation Authority. We provide unreserved legal services only. We are not authorised by the Financial Conduct Authority and do not carry out regulated claims management activity.
We do not, and cannot, carry out any of the reserved legal activities defined by section 12 of the Legal Services Act 2007. That means we do not:
- conduct litigation or issue proceedings at court on your behalf;
- exercise a right of audience, that is, represent you as an advocate before a court;
- carry out reserved instrument activities, including conveyancing and the preparation of instruments relating to land that are to be executed as deeds;
- undertake probate activities;
- carry out notarial activities or administer oaths.
We also do not provide immigration advice or services, do not act on criminal matters of any kind, do not draft residential tenancy agreements or give housing advice, and do not accept instructions on personal injury, housing disrepair, employment or financial mis-selling claims on any basis that would amount to regulated claims management activity.
Where your matter requires any of the above, we will tell you at the earliest opportunity so that you can instruct an appropriately authorised person.
2.1 Legal professional privilege
Communications with a solicitor or barrister may attract legal professional privilege. Because we are not a firm of solicitors, communications with us may not attract the same protection, and may in principle be disclosable in proceedings. You should take this into account when deciding what to send us and when choosing who to instruct.
3. Our people
Holland Law provides independent, non-SRA-regulated commercial legal and documentation support. Joseph Holland is not admitted as a solicitor. No solicitor oversight or regulatory protection is implied by this description.
The person responsible for an accepted instruction will be identified in the engagement correspondence. We do not claim that work is carried out or supervised by a solicitor unless this has been expressly agreed and confirmed in writing.
4. How a contract is formed between us
Submitting an enquiry does not create a contract and does not oblige either of us to proceed.
After an enquiry we will normally ask questions or hold a short scoping call at no charge. If we are able to assist, we will send you a written quotation setting out:
- the deliverable, described as precisely as we reasonably can;
- the fixed fee, and any expenses or third party costs we anticipate;
- the number of rounds of amendment included;
- the delivery date or timescale;
- what is expressly excluded from the instruction.
A contract is formed only when you accept that quotation in writing, including by email. These terms are incorporated into that contract. Where the quotation and these terms conflict, the quotation prevails.
5. Scope of an instruction
We are engaged only for the deliverable described in the accepted quotation. We are not engaged on a continuing or retained basis unless the quotation says so expressly. Work outside the agreed deliverable requires a further quotation.
We advise on the law of England and Wales only. We do not advise on tax, accounting, insurance coverage, health and safety compliance or the commercial merits of a transaction, and nothing we produce should be read as doing so.
Commercial disputes
We may review records, organise evidence and draft suitable pre-action correspondence for you to review and send. We do not issue or conduct proceedings, file or serve court documents on your behalf, or represent you in court. We are currently taking preliminary enquiries only.
Amazon seller support
We provide platform notice and evidence review, and prepare a written review or draft response as described in your quote. You verify the facts and submit through Seller Central. Any further notices, revisions or submissions are separately scoped unless included in the quote. Amazon controls the decision and timing. Reinstatement and the release of funds cannot be guaranteed. Platform appeal support does not include reserved legal activities, court representation or formal IP proceedings.
6. Fees, expenses and payment
Our fees are fixed for the deliverable described in the quotation. We do not charge by the hour and we do not charge any fee calculated as a percentage of a sum recovered.
- For an engagement we accept in writing, fees are payable in advance unless the quotation states otherwise. We are currently taking preliminary enquiries only and do not request payment at enquiry.
- Where we agree staged payment on a larger instruction, the quotation sets out each stage and the amount due at it. Any balance invoiced on delivery is payable within 14 days unless the quotation specifies otherwise.
- For larger instructions, the written quotation may specify a deposit and staged payments.
- Expenses and third party costs are identified in the quotation and are payable in addition. We will not incur an expense above £50 without your prior approval.
- VAT: Holland & Holland Associates Limited is not currently VAT registered. No VAT is charged. The total fee will be confirmed in writing before you instruct us.
- We may charge applicable statutory interest on overdue qualifying business debts where legally permitted. Any other late-payment charges must be specifically agreed in writing.
7. Your responsibilities
Our work depends on the accuracy and completeness of what you give us. You agree that:
- the information, documents and records you provide are true, accurate and complete to the best of your knowledge;
- you will tell us promptly if anything material changes;
- you will respond to our requests for information and instructions within a reasonable time;
- you hold the rights necessary to give us the documents you send.
In marketplace and platform matters, including Amazon seller account appeals, everything we submit or draft must be capable of being supported by your genuine business records. We will not draft, submit or assist with any account appeal, plan of action, invoice or supporting document that is false, backdated or misleading, and we will end an instruction immediately if we are asked to. This is not negotiable. Where an instruction ends for this reason we will not refund the fee, save that nothing in this paragraph affects any statutory right to a refund you may have, including the cancellation rights at clause 9 if you are a consumer.
8. Timescales and outcomes
Any date we give is the date we will deliver our work product, not a date by which a third party will respond. We cannot and do not guarantee any particular outcome, including that a marketplace account will be reinstated, that a debt will be paid, or that a counterparty will accept a negotiated position. Any view we express on likely outcomes is an opinion, not a promise.
9. Cancellation rights if you are a consumer
If you are an individual instructing us wholly or mainly outside your trade, business, craft or profession, you have the right to cancel within 14 days of the contract being formed, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. You do not need to give a reason. To cancel, email enquiries@hollandlaw.co.uk within that period.
If you ask us to begin work during the 14 day period and we do so, and you then cancel, you must pay a proportionate amount for the work carried out up to the point you told us. If the service is fully performed during the cancellation period, the statutory cancellation right may be lost only if the applicable requirements for an express request and acknowledgement have been met.
Most of our clients instruct us for business purposes, in which case these rights do not apply and clause 14 governs termination.
10. Confidentiality and data protection
We keep your information confidential and use it only to assess and carry out your instruction, except where disclosure is required by law or where you authorise it. We do not name you as a client, in marketing or otherwise, without your written permission. Our privacy notice explains what we collect, the lawful basis for it, how long we keep it and your rights. It forms part of these terms.
11. Our liability
Nothing in these terms excludes or limits our liability where it would be unlawful to do so, including liability for fraud or fraudulent misrepresentation, and for death or personal injury caused by negligence.
Subject to that paragraph:
- our total liability arising out of or in connection with any instruction, whether in contract, tort including negligence, breach of statutory duty or otherwise, is limited to £1,000,000 for any one claim or series of connected claims arising from one event;
- we are not liable for loss of profit, loss of revenue, loss of anticipated savings, loss of business opportunity, loss of goodwill, or any indirect or consequential loss;
- we are not liable for any loss arising from information you gave us that was inaccurate or incomplete, or from your decision not to follow a recommendation we made in writing;
- we are not liable for the acts, omissions or decisions of any third party, including any court, marketplace operator, regulator, certification body or counterparty.
This limit is an allocation of risk between us which is reflected in our fees. If you require a higher limit, tell us before accepting a quotation and we will discuss whether it can be arranged for that instruction.
Tell us before accepting a quotation if the work involves unusually high values, urgent deadlines or material financial exposure. We may decline the instruction or recommend an appropriately authorised adviser.
We will confirm any statement about insurance applicable to your instruction separately in writing.
12. Documents and intellectual property
On payment in full, you receive a non-exclusive licence to use the documents we produce for the purpose for which they were prepared, in your own business. Copyright and all other intellectual property in our work product, including our precedents, templates and know-how, remains ours. You may not resell, license or distribute our documents as products in their own right.
Our work product is prepared on the facts and law as at the date of delivery, for you and for the specific purpose described in the quotation. It should not be relied on by anyone else, and we accept no responsibility to any third party who does.
13. Conflicts of interest
We check for conflicts before accepting an instruction. If a conflict arises during a matter, we will tell you promptly and, if we cannot properly continue, we will stop work and invoice only for what has been delivered.
14. Ending an instruction
You may end an instruction at any time by telling us in writing. You remain liable for work properly carried out up to that point and for expenses already committed.
We may end an instruction on reasonable written notice if you do not pay an invoice when due, if you do not give us instructions or information we need, if continuing would require us to act outside our permitted scope or clause 7, or if the relationship of trust between us has broken down.
15. Complaints
If you are unhappy with our service, please tell us. Email complaints@hollandlaw.co.uk and set out what has gone wrong and what you would like us to do. We will acknowledge within five working days and give you a substantive written response within 28 days.
Because we are not an authorised person under the Legal Services Act 2007, complaints about our service cannot be referred to the Legal Ombudsman. If our response does not resolve matters, you remain free to take independent advice, to pursue a claim in the courts, or to propose mediation, which we will consider in good faith.
16. General
- Notices under these terms must be in writing and may be sent by email.
- If any provision is found to be unenforceable, the remainder continues in force.
- We may update these terms from time to time. The version in force is the one you were given when your quotation was issued.
- No third party has any right to enforce these terms under the Contracts (Rights of Third Parties) Act 1999.
- These terms and any instruction are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.