Please read these terms and conditions carefully as they contain important information regarding your use of this website.
GENERAL DISCLAIMER
Kirbys do not guarantee error free access to this site or that service will not be interrupted.
All reasonable steps are taken to ensure this site is free from viruses and other defects. However, users are recommended to take their own precautions in this respect. Any material downloaded from this site is at the user’s own risk and Kirbys will not be liable for this in any way.
All reasonable endeavours have been made to ensure that the contents of this website are complete, accurate and up to date, but we are not liable in any way for the accuracy or completeness of such information.
Links to websites operated by third parties are contained in this website. These links are provided for your convenience only and Kirbys take no responsibility for the content or reliability of any third party websites.
Emails and any attachments we may send are believed to be free of any virus or other defects which might affect any computer or system into which they are received and opened. It is the responsibility of the recipient to ensure that they are virus free and no responsibility is accepted by Kirbys Solicitors Limited for any loss or damage from receipt or use thereof.
PAYMENT OF INTEREST
You are entitled to a fair and reasonable amount of interest on monies standing to your credit on client account with Kirbys.
The period for which interest will be paid normally runs from the date(s) when cleared funds are placed on deposit until the date(s) on the cheque(s) issued to you.
Interest will be calculated and paid to you at the rate set by our bank which is the Royal Bank of Scotland. Interest credited prior to the 6 April 2016 was paid net of basic rate income tax and interest credited thereafter will be paid gross.
For amounts over £1,000 held for more than one week we will place those funds on a Friday on a separate designated deposit account with the Royal Bank of Scotland. Funds will be placed on instant access to facilitate transactions that may be required at short notice. Any monies placed in a designated deposit account will earn interest at the appropriate rate for such an account and we will account to you for all interest earned.
We shall account to you for interest upon sums over £20,000 held for less than one week if, having taken into account all the circumstances, we consider it fair and reasonable to do so.
BANKING ARRANGEMENTS
However remote, there is a risk that any of the UK banks with which we lodge clients’ money (currently Royal Bank of Scotland Plc) could experience liquidity problems or fail.
The Financial Services Compensation Scheme (“FSCS”) covers deposits belonging to clients who are individuals or small businesses up to £75,000 per client, per authorised deposit-taking institution. If besides moneys lodged through us, you have other funds deposited with such an institution, the limit of £75,000 will apply to the aggregate of the moneys lodged through us and your other funds. You should bear in mind that some deposit-taking institutions have several brands under which they trade. You should check with your bank, the Financial Services Authority or an Independent Financial Adviser for more information.
We will not be liable to you in the event of your suffering loss through the failure of a UK Clearing Bank with which we have deposited funds on your behalf.
In the event of the failure of a bank and a claim being made under the FSCS, then, subject to your prior written consent, we will provide certain client information to FSCS to help them identify you as a client and the amount in our client account to which you are entitled. If you do not authorise us to identify you to the FSCS as a client, you will not be able to receive compensation from FSCS.
We may need to seek additional funds from you, according to the proportion of the total funds held in a failed bank, if we are to complete transactions for you before you receive compensation from FSCS.
Where a client obtains borrowing from a lender in a property transaction, we will ask the lender to arrange that the loan cheque is received by us a minimum of 4 working days prior to the completion date. If the money can be telegraphed, we will request that we receive it the day before completion. This will enable us to ensure that the necessary funds are available in time for completion. Such clients need to be aware that the lender may charge interest from the date of issue of their loan cheque, or the telegraphing of the payment.
COMMUNICATION BETWEEN YOU AND US
Unless you tell us otherwise, you agree to us communicating with you, including sending bills and other confidential information, by normal unencrypted E-mail, using the E-mail address(es) you have given us from time to time. You should be aware that there is a risk that E-mails (in particular when unencrypted) may be intercepted, delayed or corrupted or may fail to be delivered.
We make reasonable attempts to exclude from our E-mails any virus or other defects that might harm a computer, IT system or device. You undertake to act likewise with any electronic communications you send to us. Neither you nor we shall have any liability to each other in respect of any claim or loss arising from bad faith or wilful default.
