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Terms of Business for Advice, Investigation, or Representation in Relation to a Financial Service or Financial Product Claim

Pre-contract Information

 

About us / What we do

Palmira Capital Limited (“Palmira”) is a Claims Management Company (CMC) with a focus on financial mis-selling matters . We help reclaim monies and/or pursue damages in respect of  mis-sold financial products.

 

What happens next

  • We conduct an initial assessment of your claim.

  • You would then be sent our client pack to sign and return. Including full T&C’s; Letter of Authority and a Data Subject Access Request form.

  • Once we have received your signed client pack, we would write to all third parties involved in your case for any outstanding information.

  • Once we have received the information, we will then re-assess the claim and let you know our findings.

 

Approaches regarding the claim are as follows

  • If we believe that you were wrongly advised/mis-sold a financial product, we will submit a letter of claim to your provider or financial adviser.

  • Where the claim is rejected, we may submit it to the Financial Ombudsman Service (FOS) for consideration if we believe this is the best course of action.

  • We will assess this and advise you of this submission before we go ahead with it; or

  • If your provider or financial adviser no longer exists, we will seek to submit the claim to the Financial Services Compensation Scheme (FSCS).

 

Keeping you updated

We will keep you updated throughout the entire claim process, by email, text and letter. If you would like to check the progress of your claim, you can contact our team by any of the following methods: by email: ​​​​​​​​info-clients@palmira.co.uk, phone: 0161 509 2416 or post:  Blackburn Technology Management Centre, Challenge Way, Blackburn, BB1 5QB.

 

Successful fee

We charge you for the services we provide. Our charges are a percentage of the gross compensation amount that is offered to you. The exact amount will depend on the value of your claim. Full details can be found in our T&C’s. Examples of how the fees are calculated are set out below:

 

  • Example 1: If you receive an offer of compensation of £1,000.00 and we recommend that you accept the offer, and you decide to accept the offer, we will charge £ 300.00 excluding VAT.

  • Example 2: If you receive an offer of compensation of £3,000.00 and we recommend that you reject the offer and you agree to accept the offer, we will charge you £ 840.00 excluding VAT.

  • Example 3: If you receive an offer of compensation of £10,000.00 and we recommend that you accept the offer you disagree and reject the offer, you will not receive the compensation but we will charge you £2,500.00 excluding VAT.

 

Cancellation

Pursuant to the Consumer Contract Regulations 2013 (the “Regulations”), if you are a consumer, and we have accepted instructions from you which were given by telephone or by electronic means or at a meeting away from our offices, such as your home or place of work, you have the right to cancel your instructions in writing within 14 days from the day on which those instructions were accepted. Further, we will not consider that a contract has been established during the 14-day cancellation period unless you specifically request us to commence work within this period by means of a signed form of authorisation. Where you have given that authority, you will remain liable for all costs, out-of-pocket expenses and VAT for work carried out prior to our receiving your written notice of cancellation. Subject to that, if you exercise the right to cancel and we have received any payment from you, we will reimburse that payment to you

 

Complaints

Once we have received your complaint we will document it in our central register within 5 working days. We will try to resolve your complaint within 8 weeks. Within 8 weeks of receiving a complaint we will send you a final response which will adequately address the complaint. If you are not satisfied with our final response, then please refer to our full complaints procedure which can be found on www.palmira.co.uk or can be provided on request. If you are not satisfied with our response, or if a complaint is not resolved after eight weeks, you may refer the complaint to the Financial Ombudsman service, you can contact them by any of the following methods: Post: Financial Ombudsman, Exchange Tower, Harbour Exchange, London , E14 9SR Phone: 0800 023 4567 Online: www.financial-ombudsman.org.uk. Please note any complaint must be referred to the Financial Ombudsman service within 6 months of the date of our written final response.

 

Be aware

You are not required to use the services of a Claims Management Company to pursue your claim; as you could present your claim yourself for free to the Financial Advisory firm, to the Financial Ombudsman Scheme or Financial Services Compensation Scheme (If the Financial Advisory firm is not in business anymore).

 

Important Information

From our fees we charge you or recover from the compensator of your claim we may agree to pay a proportion of those fees to the firm that made the introduction to us. It is important for you to know that this fee sharing arrangement will never undermine the advice we provide you or influence the manner in which we deal with your claim. Your interests will always remain paramount. In circumstances where we recover our fees from the compensation we recover for you this arrangement does not influence or increase the fees we charge in any way. We agree to share our fees to introducers of work who for example; market our firm and services we offer, provide client liaison services, document gathering and telephony support. The proportion of the fees we agree to split can be as much as or in some cases exceed 50/50 in favour of the work referrer. This is dependent on the services they carry out for us (as per the examples suggested above) and we are satisfied that our own charges remain comfortably within the range of legal work undertaken. Our decision to share our fees does not influence or increase the fees we charge you in any way and is a commercial cost to this firm.

 

WE MUST ALSO STRESS THE IMPORTANCE OF YOU ARRANGING TO TERMINATE ARRANGEMENTS WITH ANY OTHER SOLICITORS OR CLAIMS MANAGEMENT COMPANY OR ADVISERS. IF THEY HAVE REPRESENTED YOUR INTERESTS FOR THE COMPLAINT YOU ARE NOW INSTRUCTING US ON THEN THEY MAY BE ENTITLED TO CHARGE YOU. ANY AGREEMENT WITH FORMER ADVISERS SHOULD BE TERMINATED IMMEDIATELY TO AVOID THE POSSIBILITY OF THEM RAISING A BILL TO YOU. IF YOU REQUIRE ADVICE ON THIS PLEASE LET US KNOW, WE CAN ASSIST.

Palmira Capital Limited – Terms of Business

 

In these Terms of Business, “we”, “us” and “our” refers to Palmira Capital Limited.

 

1. ABOUT US

1. We are a company registered in England and Wales under registered number 11357812.  Registered office is at Palmira Capital Limited, Colony, 5 Piccadilly Place, Manchester, M1 3BR.  Palmira Capital Limited is authorised and regulated by the Financial Conduct Authority Reg No. 838259. You can check this on the Financial Services Register by visiting the FCA's website http://www.fca.org.uk/register or by contacting the FCA on 0800 111 6768

We provide a claims management service (the "Services") in relation to mis-sold financial products and any associated underlying investments ("Products")

2. OUR RELATIONSHIP WITH YOU

1. We will give you all of the information that you need to make a decision as to whether to use the Services for your claim in respect of any financial mis-selling ("Claim")

2. We provide Services to you on the basis of these Terms of Business. The terms of this Agreement apply to the exclusion of any terms and conditions submitted, suggested or stipulated by you in whatever form and at whatever time

3. Initial Assessment

We will carry out an initial assessment of your Claim. When completing that initial assessment, we will consider whether it is in your best interests to pursue a Claim. We will also assess whether any alternative routes would be better for you, such as contacting the Financial Services Ombudsman ("FOS") or Financial Services Compensation Scheme ("FSCS") directly or instructing a Solicitor. We will record our assessment decision and advise you of this by telephone or in writing

 

4. Data Subject Access Request/ Letter of Authority

a) If, based on our initial assessment, you decide to instruct us to pursue the Claim, we will ask you to review these Terms of Business and provide you with a Data Subject Access Request ("Data Subject Access Request") and Letter of Authority form to sign so that we may contract any third party involved/ connected with your case, on your behalf. You should fill-in and sign the Data Subject Access Request form, and the Letter of Authority and send them back to us, if you would like us to manage the Claim for you.

 

b) Once you have signed and returned a copy of these Terms of Business and/or the Data Subject Access Request form and/or Letter of Authority you will be deemed to have accepted those terms. This Agreement shall then be a legally binding agreement between us and you. In the meantime, your continued instructions will constitute acceptance of our Terms of Business. If you have any questions in respect of the Terms of Business or anything else, please let us know before you sign anything.

 

c) Once we have received the signed Terms of Business, Data Subject Access Request and Letter of Authority from you, we will contact you to acknowledge receipt of your documentation

 

d) You have a legal right to change your mind within 14 days after the date on which we accept your signed Terms of Business (the "Cooling-off Period"), within which you can cancel this Agreement without any charge. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in clause 7 below

 

5. Full assessment and claim

a) After the Cooling-off Period we will carry out a full assessment of the viability of the Claim by asking you to provide us with any documentation that you have in respect of the Product, asking you detailed questions regarding the product and examining the information and documents obtained from any third party  using your Data Subject Access Request form and/ or Letter of Authority. We will advise you in writing or telephone of our findings, suggested next steps and proposed approach to the Claim. Typical approaches we may consider taking are as follows:

 

I. if we believe that you were wrongly advised/mis-sold a Product, we will submit a letter of claim to any defendant on your behalf;

II. where the Claim is rejected, we may submit it to the FOS for consideration if we believe this is the best course of action; we will assess this and advise you of this submission before we go ahead with it; or

III. if your product provider no longer exists, we will seek to submit the Claim to the FSCS or to the professional indemnity insurer

 

We will keep you informed of the progress of the Claim regularly and will consult with you before taking any steps in relation to the Claim.

 

6. Compensation

a) If an offer of compensation is made, we will assess this offer, benchmark it against any available and relevant industry guidelines in respect of compensation payments (including guidelines published by the Financial Conduct Authority and/or the FOS (the "Guidelines") and provide you with a recommendation as to whether to accept the offer of compensation or not.

 

b) We will then provide you with an invoice for our services based on our Success Fee as shown in clause 3 below.

 

7. Your options

Please note that you are entitled to seek further advice in relation to the Claim and to consider what services might be most appropriate to the Claim. We will advise you after both our initial and full assessment of whether any alternative methods would be more appropriate for pursuing the Claim. Be aware of the free services provided by FSCS and FOS. You should also consider whether you have alternative methods of cover such as a legal expense insurance.

 

3. SUCCESS FEE

1. You will pay us a success fee ('Success Fee"), in accordance with this clause 3, if you receive an offer of compensation. The Success Fee is a percentage, excluding VAT of the gross compensation that is offered to you. The exact amount is dependent on the value of your claim and will be the lower of the max % rate or max total fee. Please see table below:

2. To be clear VAT will be charged at the prevailing rate on the above figures.

3. If we are not successful in securing an offer of compensation for you, you will not have to pay any fee to us

4. If we are successful in securing an offer of compensation for you, we will review the offer, benchmark the offer against industry guidelines (including the Guidelines) and make a recommendation to you as to whether we consider it in your best interests to accept or reject the offer. We will send our recommendations by way of email and then arrange a telephone call to discuss. We will use your acceptance/rejection in this call as the authority on how to proceed with your claim.

 

5. If we recommend that you reject the offer of compensation, and:

a) you agree with our recommendation, we will attempt to re-negotiate an alternative offer of compensation for you, and a Success Fee will then be payable should you receive an alternative offer which we recommend that you accept; or

 

b) you disagree with our recommendation and you decide to accept the offer of compensation, our Success Fee becomes due on the offer that you accept.

 

6.  If we recommend that you accept an offer of compensation, and:

a) you agree with our recommendation and you decide to accept the offer of compensation, our Success Fee becomes due; or

 

b) you disagree with our recommendation and you decide to reject the offer of compensation, our Success Fee becomes due.

7. You should be aware that compensation means financial benefit which you receive as a result of the Services, whether this is attributed to any pension fund that you have or otherwise paid to you directly to an account of your choice. If you receive compensation directly back into your policy our fee will still be due. You should only use any compensation you receive in a way that is consistent with the cause of your Claim.

8. Without exception, all Invoices we send you for our Success Fee must be paid in full within 14 days of issue. If any Success Fee remains outstanding after 14 days of the date of issue, we reserve the right to refer your debt to third parties to pursue you for payment on our behalf

9. You agree that we will in the first instance receive the compensation/settlement payment from the other party on your behalf. Any payments that we receive on your behalf will be held in a Business Client Account until payment is made to you.

10. Notwithstanding paragraph 3.9 above should you receive payment of any compensation directly you will notify us immediately so that we can raise an invoice for services. Said invoice must be paid in full within 14 days of issue.

11. We will issue an invoice to you for our Success Fee. This invoice will become payable within 14 days of issue. We reserve the right for us, to deduct the Success Fee from any amounts received on your behalf before we make payment of such amounts to you.

 

12. Below are some illustrative examples of how our Success Fee will be calculated:

  • Example 1: If you receive an offer of compensation of £1,000.00 and we recommend that you reject this offer, but you decide to accept the offer, we will charge you £ 300.00 excluding VAT.

  • Example 2: If you receive an offer of compensation of £3,000.00 and we recommend that you accept that offer and you agree to accept the offer, we will charge you £ 840.00 excluding. VAT.

  • Example 3: If you receive an offer of compensation of £10,000.00 and we recommend that you accept that offer and you disagree and reject the offer, you will not receive the compensation and we will charge you £2,500.00 excluding. VAT.

 

13. As set out above there is a 14 day cooling off period in which you can cancel this Agreement without any financial charges by writing to us quoting our reference. If the client terminates the Agreement after the first 14 days but before any final settlement or award is made in respect of any claim then the client is liable to pay our costs at the rate of £150 per hour plus VAT, with letters and telephone calls charged at £15 plus VAT unless they last for ten minutes or longer in which case they will be charged at the appropriate proportion of the hourly rate. If the client terminates the Agreement after a settlement with any defendant is obtained/ or offered or an award is made then we will be entitled to our Success Fee on any compensation (in respect of any offer; further offer and/or revised offer that is made to you).

 

14. We can terminate this Agreement if the client does not keep to its responsibilities (see section 4 below) or has acted in a manner as to undermine the relationship with us or rejects our reasonable advice. The client is then liable to pay us our costs at the rate of £150 per hour plus VAT with letters and telephone calls charged at £15 plus VAT each unless they last for ten minutes or longer in which case they will be charged at the appropriate proportion of the hourly rate.

 

15. We reserve the right to review the claim at regular stages. If any stage we consider that the likely outcome of the claim does not justify the expense or risk involved then we can terminate the Agreement, in these circumstances the client is not required to pay us. If any defendant agrees to pay a settlement sum to the client, we will endeavour to seek as advantageous a settlement figure for the client as possible. We can end this Agreement if the client rejects our opinion regarding the making of a settlement with any defendant.

 

16. Please note that we may pay referral fees to introducers that refer Claims to us.

 

4. WHAT WE NEED FROM YOU  (your “Responsibilities”)

1. You shall:

a) always supply to us truthful, complete and accurate information.

 

b) forward to us any correspondence which you receive regarding the Claim, and you must provide us with any and all information and documents which are relevant to the Claim, which you possess, such as, any documentation or information about your Product, and anything given to you by any third party that may be relevant to your claim. We will rely upon the responses and documentation you provide to assist us with our assessment of the Claim and the best way to pursue it

 

c) reply promptly with as much detail as possible to any requests for further information and documents/forms, including submissions and appeals

 

d) pay the Success Fee in accordance with clause 3 above.

 

5. THE SERVICE

1. In providing our services to you:

a) we will use our reasonable skill and care;

 

b) we have the necessary competence to provide the Services and a working knowledge of the legislation and rules relating to the regulated claims management services;

 

c) our staff have the necessary training and competence to perform their duties; and

 

d) we will only advise you to pursue a Claim if we consider that it is in your best interests to do so.

 

6) CONFIDENTIALITY, IP AND DATA PROTECTION

1. We are under a professional duty to keep your affairs confidential and, in any event, we place the utmost importance on keeping all of your affairs confidential. The data controller in respect of any personal data that you provide to us is Palmira Capital Limited and we process the personal data that you provide to us in accordance with our privacy policy (“Privacy Policy”).

2. Certain information that we provide to you is provided in confidence and may not be supplied to third parties. Where a report or document that we have prepared for you needs to be supplied to a third party by you, we reserve the right to stipulate the terms of any disclosure and/or to insist that the third party contracts directly with us before receiving such report or document.

3. We use the information you provide to us primarily for the provision of claims management services to you and for related purposes. Our use of that information is subject to your instructions, relevant data protection laws and our duty of confidentiality. Our work for you may require us to give information to third parties such as other professional advisers and/or service providers, and our Privacy Policy sets out how we use your personal data.

 

4. Our Privacy Policy sets out the rights that you have under data protection legislation in respect of the personal data that we hold about you.

5. We may share your personal data with selected third parties including our business partners, suppliers and sub-contractors for the performance of any contract we enter into with you.

6. We own and retain all intellectual property rights in the work that we do for you (including, but not limited to, documentation). We hereby grant you a non-exclusive, revocable licence to use such work for the purposes for which we have provided it, but for no other purpose.

 

7. CANCELLATION

1. You have a right to cancel your instructions to us by telephone, letter (recorded delivery) or e-mail within 14 days of the day after the date that we accept your Terms of Business. If you cancel the contract within the Cooling-off Period, but you instruct us to, and we do, carry out an item of work during the Cooling Off Period before you have cancelled then:

a) if you have not performed the requirements set out in clause 4 above, then you will be liable to pay our reasonable costs for that work we have performed at a rate of £ 150.00 plus VAT per hour to a maximum of a total value of £1,500.00 plus VAT; and

b) if we have performed the requirements set out in clause 2.5 above, then clause 3 which details our success fee will apply

c) However, subject to the above points, if you exercise your cancellation right, within the time scales of the Cooling Off period you would not be charged for the Services.

 

2. If you want to end this Agreement before it is completed and you have not changed your mind during the Cooling-off Period, just contact us to let us know. This Agreement will end immediately, but clause 3. (Success Fee) above will apply regardless of termination if we have performed clause 2.5 above (entirely at our discretion) at the time of termination. If we have not performed clause 2.5 (entirely at our discretion) at the time you terminate this Agreement, then we may charge you reasonable compensation for the provision of the Service up to the point of cancellation, chargeable at a rate of £150.00 plus VAT per hour to a maximum of a total value of £1,500.00 plus VAT; the amount will be in proportion to what has been supplied, in comparison with the full coverage of this Agreement.

 

3. We will not consider that a contract has been established during the 14-day cancellation period unless you specifically request us to commence work within this period by means of a signed form of authorisation. Where you have given that authority, you will remain liable for all costs, out-of-pocket expenses and VAT for work carried out prior to our receiving your written notice of cancellation.

 

4. To cancel this Agreement, please let us know by doing one of the following, by telephone, by post or via email:

a) Call us 0161 509 2416 or email us at info-clients@palmira.co.uk providing details of your name, home address, details of the Claim (reference number) and, where available, your phone number and email address;

b) Complete the cancellation form and post it to us at the address on the form, or simply write to us at that address, including details of your Claim and your name and address.

 

8. STORAGE OF PAPERS AND DOCUMENTS

1. We are entitled to keep all your papers and documents (whether in physical or electronic format) while there is money owing to us by you. On conclusion of a claim, we will, in most cases, keep our file of papers (except for any of your papers which are returned to you) for no more than 6 years. We will keep the file in our archive storage on the understanding that we have the authority to destroy it in no less than 2 years after the date on which we, you or your pension scheme (if applicable) receive payment of compensation in respect of your Claim. We will not destroy documents which you ask us to deposit in safe custody, although we reserve the right to charge for such long-term storage.

 

2. You can, at any time request a copy of all information we hold relating to you by writing us. If we retrieve papers or documents from our archive storage, we will not normally charge for such retrieval (although we may pass on any third party costs which we incur).

 

3. External firms or organisations may conduct audit or quality checks on our business. These external firms or organisations are required to maintain confidentiality in relation to your files.

 

9. COMPLAINTS

1. We are confident of providing a high quality service in all respects. Our aim is to give all clients a quality service, advice and representation in a courteous and friendly manner, to explain what we are doing on your behalf and why, and regularly to report the progress of your matter to you.

2. If you have a complaint, please ask for a copy of our complaints procedure. You may make a complaint by contacting us in the following ways:

a) Phone: 0161 509 2416;

b) Email: info-clients@palmira.co.uk; or

c) Post: Blackburn Technology Management Centre, Challenge Way, Blackburn, BB1 5QB

3. We will acknowledge your complaint within five days together with details of our internal complaints handling procedures.

4. We will seek to provide a full response within eight weeks of your initial complaint.

5. If you are not satisfied with the handling of your complaint, or we do not respond within eight weeks, you may refer the matter to the Financial Ombudsman Service.

6. If you have a complaint in respect of Claims Management Services, you can complain to the Financial Ombudsman Service as follows:

a) calling them on 0800 023 4567;

b) write to them at Financial Ombudsman, Exchange Tower, Harbour Exchange, London, E14 9SR;

c) visiting the website at http:// www.financial-ombudsman.org.uk;

7. To report a complaint to the Financial Ombudsman Service, you must do so within either six years of the problem leading to the complaint happening, or three years from when you found out about it, you must also refer your complaint to the Financial Ombudsman Service within six months of our final response to your complaint. If you do not meet those timelines, the Legal Ombudsman may not be able to help you.

 

10. COMMUNICATION BETWEEN YOU AND US, AND US AND THIRD PARTIES

1. We will communicate with you by whatever means are appropriate in the circumstances. We may write to you, telephone you or email you at the address, telephone number, or e-mail address that you have given to us

2. If we communicate with you by email, please note that email, and the Internet in general, is not secure and is subject to error and interruption. Emails may sometimes not be delivered or received and may end up in the hands of third parties.

3. Please inform us of any changes in your contact details immediately so that we can amend our records. Subject to paragraph 10.4 below, we shall not have any liability for losses arising out of our communications to you that are received by any third party.

 

4. In certain circumstances it may be necessary for us to communicate with other professionals who act for you. By instructing us, you are giving us consent so to communicate. You may withdraw this consent at any time by notifying us in writing.

 

11. THIRD PARTY RIGHTS

1. This Agreement is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end this Agreement or make any changes to these Terms of Business.

2. The services that we provide to you are for your benefit only. You shall not make the work we do, including, but not limited to, any advice we give to you, available to any third parties, and we shall have no liability if any third party relies on such work.

3. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

12. WE WILL NOT DO FOR YOU

1. We will not guarantee to win a Claim nor pursue a claim that in our opinion has no realistic chance of success, and we reserve the right to cancel this agreement if we form this opinion

 

2. We will not give you nor offer you financial advice

3. We will not accept an offer of redress on your behalf without your agreement

4. We will not take your Claim to court, however we would advise you if your case has reached the stage where the judge must decide how the case should be managed. We will request you seek expert legal advice on this topic from providers in the market.

5. We won’t be able to explain court rules, costs and procedures that may affect your claim as these would depend on the value of the claim, how complicated the case is and the length of the hearing among others. 

13. MONEY LAUNDERING/ IDENTIFICATION

1. We are bound by the Proceeds of Crime Act 2002 and anti-money laundering regulations (together “the Regulations”). 

2. Under the Regulations we are, other than in exceptional circumstances, required to verify your identity before we can provide you with any Services. We may also be required to verify the identity of any third party, whether individual or corporate entity, responsible for payment of our fees. We will ask you to provide the necessary information when we first take instructions from you. We may ask for updated identification should the documentation you originally provided expire. In addition, we reserve the right to verify your identity by engaging a specialist information provider such as a credit reference agency or fraud prevention agency to carry out searches. The information provider will record the details of the searches whether or not you become our client. Other users of the services of the information provider may share these searches in order to prevent fraud. Scoring methods may be used as part of this process.

3. We are legally required to obtain satisfactory evidence of the identity of our clients and sometimes people connected with them. This is because professional advisors, who deal with money and property on behalf of their clients, can be used by criminals who want to launder money. To comply with our regulator and with the law, we need to get evidence of your identity at the outset of the case. We are professionally and legally obliged to keep your affairs confidential. However, it may be required by statute to make a disclosure to the National Crime Agency if it’s known or suspected that a transaction may involve money laundering or terrorist financing. If we make a disclosure in relation to your matter, we may not be able to tell you that a disclosure has been made. We may have to stop working on your matter for a period of time and may not be able to tell you why. Any personal data we receive from you for the purposes of our money laundering checks will be processed only for the purposes of preventing money laundering and terrorist financing, or as otherwise permitted by law or with your express consent. You consent to us retaining such data for longer than 5-year statutory period, unless you tell us otherwise.

 

14. GENERAL

1. The services that we provide to you will be based on the instructions (and information documentation) that you provide to us. We shall not have any liability for the consequences of any delay or failure by you in providing such instructions, information and documentation. Furthermore, We shall not have any liability for the consequences of any delay or failure by any third parties in providing information and documentation that we require to continue with your claim

2. If we fail to insist that you perform any of your obligations under this Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

 

3. Nothing in this Agreement shall constitute a partnership or employment or agency relationship between us and you.

4. These Terms and the Letter are subject to English law and, if you are instructing us as a consumer, you and we irrevocably agree to submit to the exclusive jurisdiction of the Courts of England and Wales. If you are not instructing us as a consumer, you and we irrevocably agree to submit to either the jurisdiction of the High Court of England and Wales or arbitration in London at our sole discretion and option.

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