Terms and Conditions.

 

1. The FortyQ Service

We appreciate your using our service at https://www.fortyq.com (the “Site“). Please read the Terms carefully as they govern your use of the FortyQ service. Do not use the service unless you wish to be bound by the Terms because, by making a request for quotes and/or continuing to use any part of FortyQ, you confirm your acceptance of the Terms (which also include the Privacy Policy and Cookies Policy). By submitting a request for quotes, you are requesting us to provide the FortyQ service as soon as reasonably practicable.

Please note that the Terms do not apply to our Legal Advisors; if you are a solicitor, barrister, trademark attorney, patent attorney or any other legal service provider and wish to discuss working with us, please contact us at contact@fortyq.com. These Terms also do not apply to you if there are separate bespoke terms in place between us.

You are responsible for all compliance with all laws and regulations which apply to you.

2. Definitions

The provider of FortyQ is FortyQ Ltd. You can contact us via our online contact form or at contact@fortyq.com. When the Terms make a reference to ‘we’ or ‘us’, that is a reference to FortyQ Ltd.

Where we refer to you in the Terms, this also includes any person that accesses or uses FortyQ on your behalf. The “Terms” includes the terms set out here and the Privacy Policy and Cookie Policy as made available on our Site.

The “FortyQ Platform” consists of the Site, any FortyQ-branded apps we make available, any pages or widgets we operate on third party websites or applications, the payment account and payment service including the escrow account service on the Site provided by Shieldpay the “Shieldpay Services”and the content and services we make available via the internet or mobile devices (including smartphones and tablets). It also includes the provision by us of associated information, products and services by e-mail or your mobile device.

The FortyQ Platform is designed to enable users to submit to us details of matters in respect of which they require legal advice and/or assistance (“Requests for Quotes”) and receive responses from Legal Advisors with an indication of the fees chargeable by them for their provision of that advice and/or assistance and any conditions applicable to those fees (“Quotes”).

Any person whose Quote we send to you in response to your Request for Quotes by means of the FortyQ Platform or who we otherwise directly introduce to you is a “Legal Advisor“.

You are responsible for accurately describing your requirements for any project in respect of which you submit a Request for Quotes (“Projects“).

“Connected Person” means a person or entity directly connected with you, including but not limited to any group undertakings (as defined in the Companies Act) and any individual connected with you and their family members

“Legal Advisor Fees” means the fees, costs and charges to be paid for a Legal Advisor’s services on an ongoing basis.

“Restricted Jurisdictions” means countries where Legal Advisors are not legally permitted to share any fees with us.

3. Fees and payment

We charge most Legal Advisors 15% (plus applicable VAT) of the Legal Advisor Fee in respect of any Project and for any further work completed by the Legal Advisor for you and any person or entity directly connected with you, including but not limited to any group undertakings (as defined in the Companies Act) and any individual connected with you and their family membersConnected Person (the “Marketing Fee”).

When engaging a Legal Advisor practicing outside of England and Wales (but not in a Restricted Jurisdiction), we charge you 5% of the Legal Advisor Fee in respect of any Project and for any further work completed by the Legal Advisor for you and any Connected Person (the “International Account Management Fee”).

Certain Legal Advisors are not permitted to pay us a fee because they are based in a Restricted Jurisdiction. In that case, we will charge you 20% of the Legal Advisor Fee in respect of any Project and for any further work completed by the Legal Advisor for you and any Connected Person (the “Restricted Jurisdiction Fee”).

If you engage a Legal Advisor outside of England and Wales, we will invoice you the Legal Advisor Fee on their behalf, as well as invoice you either the International Account Management Fee or Restricted Jurisdiction Fee. We will pay the Legal Advisor that carried out the work for you the Legal Advisor Fee less, if applicable, the Marketing Fee. You consent to the Legal Advisor sharing details of its Legal Advisor Fees with FortyQ on an ongoing basis and you understand and agree that FortyQ will invoice you accordingly on an ongoing basis.

If after having been introduced through the FortyQ Platform, you employ a Legal Advisor on a full or part time basis, you shall promptly notify FortyQ and shall pay to FortyQ a sum equal to 20% of such Legal Advisor’s first gross annual remuneration (including any bonuses, commissions, taxable benefits and pension contributions) by way of an introduction fee. This paragraph is intended to survive termination of this Agreement for a period of 12 months.

4. Disclaimers

We will use reasonable endeavours to make the FortyQ Platform available at all times. However, there may be occasions when access to the FortyQ Platform may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.

Whilst we take steps to prevent misuse of our systems, we cannot warrant that FortyQ will be free of viruses or other malicious code and accept no liability for loss or damage caused from the transmission of such code. We recommend that you always use up-to-date firewalls and anti-malware software to protect your equipment and data.

FortyQ is not a law firm, and we do not provide any legal services or legal advice. No legal professional privilege therefore applies to any information you provide to FortyQ. A legal professional privilege may (but will not necessarily) be formed through use of the Site between you and a Legal Advisor.

5. You and Your Legal Advisor

We check that Legal Advisors are qualified in the general legal field relevant to your Project. Although we may generally suggest one or more Legal Advisors based on your submitted request, we cannot make any kind of guarantee as to the legal ability, competence, or quality of the Legal Advisors who may be listed on the Site. We merely make the FortyQ Platform available to enable you to identify and determine the suitability of Legal Advisors for yourself. We do not warrant the accuracy, quality or completeness of any information or assistance obtained from Legal Advisors. We do not direct, have any control over, or make any assurance or representation about any Legal Advisor.

If you accept any Quotes you will engage the Legal Advisor by signing a contract with the Legal Advisor (the “Terms of Engagement”). We require the Legal Advisors to enable you to sign the Terms of Engagement electronically through the FortyQ Platform and you hereby consent to the Legal Advisor sharing on an ongoing basis, the Terms of Engagement (including any attachments), your Projects, the scope of work they will complete for you and the agreed fees with FortyQ. However, we will not be a party to the Terms of Engagement between you and any Legal Advisor and therefore we shall not be liable for any loss or damage that results from any dealings between you and any Legal Advisor. It is your responsibility to select a suitable Legal Advisor and to negotiate the terms of any Project to be performed by the Legal Advisor selected and the Terms of Engagement.

You should in all cases make your own enquiries as to the suitability of any Legal Advisor for your particular Project. You should not engage any Legal Advisor or make any deposit or other payment to them without having conducted such checks to your full satisfaction. While our hope is that you will be happy with every Legal Advisor you find through the FortyQ, Platform you should not engage any Legal Advisor if you have any doubts or concerns about them.

We may include in the FortyQ Platform information sourced from Legal Advisors, including general news and information and profiles of individual Legal Advisors. We do not write or control that information, and have no responsibility to you or any person for it. Any information on the FortyQ Platform is for general guidance only and is not legal advice. You should take all due care in relying on such information, as this is done at your own risk.

In the unlikely event that you have a dispute with a Legal Advisor, you must address such dispute directly to the Legal Advisor concerned. However, you agree to notify the details of the dispute to us as soon as reasonably practicable. We cannot be involved in your dealings with Legal Advisors. In the event that you have a dispute with one or more Legal Advisors, by using the FortyQ Platform you release us from any and all claims, demands and damages of every kind arising out of or in any way connected with such disputes.

5.1 Invoicing through the Shieldpay Services

At the time agreed between you and the Legal Advisor, the Legal Advisor may invoice you through the Shieldpay Services (such invoice, a “Shieldpay Invoice”). A Legal Advisor may issue a Shieldpay Invoice in advance of the provision of legal services if they wish to do so. If they do so, you should use the Shieldpay Services to set up an escrow arrangement between you and the Legal Advisor to enable Shieldpay to act as escrow agent to hold funds in escrow on your behalf. This means that your payment is held by Shieldpay and only released to the Legal Advisor on receipt of instructions from you and the Legal Advisor.

If at the relevant time, you do not agree to instruct Shieldpay to transfer the legal fees to the Legal Adviso rbecause there is a dispute between you and the Legal Advisor, notwithstanding any agreement you have in place with Shieldpay, you agree that the dispute resolution agreed between you and the Legal Advisor or otherwise as set out in the Legal Advisor’s complaints procedure shall apply.

You are required to pay the Shieldpay Invoice through a Shieldpay account. Guidance on setting up an account with Shieldpay is set out on the FortyQ Platform. Shieldpay accepts Clients to its payment services only after obtaining certain information about the Client confirming their identity. You agree that, in accordance with our Privacy Policy, all information and documentation that you provide to FortyQ relating to your identity may be provided to Shieldpay and any Legal Advisor you engage through the FortyQ Platform at any time.

By using the Shieldpay Services on the FortyQ Platform you accept and agree to the Shieldpay legal agreements including terms of use and privacy policy set out here. You have a direct relationship with Shieldpay and you therefore agree that FortyQ is not responsible for and disclaims all liability for the acts or omissions of Shieldpay.

Shieldpay will remit the legal fees paid by you, less the relevant Marketing Fee, to the Legal Advisor.

You understand and agree that in order to manage your account on the FortyQ Platform, FortyQ and Shieldpay shall be entitled to access and use any financial data about your account including, without limitation, the communication of information about transactions (including charges and refunds), adjustments, and transactions involving your account. In addition, FortyQ shall be entitled to share such financial information about your activity on the FortyQ Platform with Shieldpay,which may in turn make disclosures of your activity to other financial services, payment service and other service providers used by Shieldpay as is necessary for Shieldpay to facilitate the Shieldpay Services.

FortyQ will be responsible for any fees charged to you for your use of Shieldpay Services.

5.2 Invoicing via other means

Where the Shieldpay Services are not used for whatever reason, paragraph 5.1 above shall not apply.

6. Your Use of FortyQ

You are responsible for ensuring that you are legally entitled to submit to FortyQ any information which you include in a Request for Quotes. You may only use FortyQ to invite Quotes for genuine Projects where you have authority to engage a Legal Advisor and your intention is to do so subject to agreeing suitable terms. You may not invite Quotes for any Project which is illegal or unlawful.

We shall use all reasonable endeavours to keep the FortyQ Platform secure but you acknowledge that the FortyQ Platform may be subject to breaches of security and that we shall have no liability for any lost data including Requests for Quotes or unavailability as a result of any attack or assault on its security or any attempt to disrupt the FortyQ Platform.

You agree not to use FortyQ in any unlawful manner and in particular shall not:

  • a. include in any Request for Quote or Review any information that infringes any patent, trademark, copyright, trade secret or other intellectual property right or proprietary right of any person or that is in breach of any legal obligation owed to any other party;

  • b. submit any corrupted files, files that contain viruses, or any other item that may damage the operation of a computer or other electronic device;

  • c. impersonate another person or entity;

  • d. falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels on any material contained in a Request for Quote;

  • e. cause the FortyQ Platform to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the FortyQ Platform is in any way impaired;

  • f. restrict or inhibit any other user from using and benefitting from the FortyQ Platform;

  • g. try to gain unauthorised access to the FortyQ Platform or any networks, servers or computer systems connected to the FortyQ Platform;

  • h. harvest or otherwise collect non-public information about another user obtained through the FortyQ Platform (including email addresses), without the prior written consent of the holder of the appropriate rights to such information; or

  • i. reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the FortyQ Platform save to the extent expressly permitted by law not capable of lawful exclusion.

 

You may withdraw a Request for Quote at any time by emailing us at contact@fortyq.com. This will not affect any engagement you have already entered into with a Legal Advisor.

You must not include in any Request for Quotes any information which could personally identify any other person, unless you are entitled to do so.

You agree not to copy, reproduce, modify, create derivative works from, distribute or publicly display any content from FortyQ without our prior written permission.

7. Links

It is not possible for us to review all websites which are linked to from FortyQ (or link to FortyQ), and you should therefore take care when following any link. We cannot accept liability for any loss or damage that may be suffered as a result of following any links.

8. Use of Requests for Quotes

You are solely responsible for the content, accuracy, and completeness of each Request for Quote you submit to FortyQ, and agree that they shall only contain information which is true, accurate and current.

You acknowledge that we may edit, modify or remove any parts of a Request for Quotes which we consider is in breach of any of the provisions of the Terms, and/or suspend or terminate your access to FortyQ without notice.

By providing a Request for Quotes you grant to us a royalty-free, perpetual, irrevocable and non-exclusive licence to use, copy, reproduce, modify, publish, edit, translate, distribute and display the Request for Quotes alone or as part of other works on the FortyQ Platform and on an anonymous basis for our general business and promotional purposes. You warrant that you are entitled to grant such a licence. You also waive any moral rights you have in Requests for Quotes. Do not include in any Request for Quotes any information that you would not want us to use in this way.

You consent to information about the device you use to access FortyQ being collected and processed for fraud prevention purposes and you acknowledge that we may use third parties (and information they provide) to help us prevent fraud or unauthorised access to our Service.

9. Reviews

After instructing a Legal Advisor through FortyQ, you will be given the option to complete a review of that Legal Advisor (“Review”). You are solely responsible for the content of any Review you provide. You agree to ensure that all Reviews you submit are in accordance with this section 9, and you will indemnify us for any claim that we may receive as a result of a breach of this section 9. You confirm that any Review you provide does not contain any unlawful or inappropriate content. All Reviews will be programmatically screened to check whether they contain any unlawful or inappropriate content, which includes but is not limited to content that is:

  • - threatening;

  • - obscene;

  • - sexually explicit;

  • - inciting racism, hatred or terrorism; and/or

  • - offensive.

 

To the extent that all or any part of a Review contains potentially unlawful or inappropriate content, we may at our absolute discretion, delete it entirely or remove all or any part of a Review. We are not under any obligation to notify you of this decision.

By providing a Review, you confirm that: (i) the Review is your independent, honest, genuine opinion of a lawyer that you have instructed by means of FortyQ, (ii) you have no personal or commercial relationship with the lawyer being reviewed, and (iii) you have not been offered any incentive to write the Review. You acknowledge that we offer the lawyer a right of reply, which is subject to the lawyer’s usual confidentiality obligations.

Any Review you provide will be viewable by users of FortyQ. We reserve the right without notice to edit or delete your Review where we have reason to believe it breaches any of these Terms, or take such steps as necessary to protect us or others, or if we are required to do so by law or any appropriate authority. We are not responsible if your Review is misused by third parties as this is outside of our reasonable control.

We do not endorse or recommend any Reviews and you rely on the information in any Reviews at your own risk.

10. Intellectual Property Rights

You acknowledge that all present and future copyright and other intellectual property rights subsisting in, or used in connection with, FortyQ and any part of it (the “Intellectual Property“), including but not limited to the content of any Review and the manner in which FortyQ is presented or appears and all information and documentation relating to it, is our property (or that of our licensors), and nothing in the Terms shall be taken to transfer any of the Intellectual Property to you.

Solely for the purposes of receiving FortyQ, we hereby grant to you for the period during which FortyQ is provided a non-exclusive, non-transferable licence to use the Intellectual Property.

To the extent that the copyright and/or other intellectual property rights in the content of any Review you provide do not already belong to us, you grant us a worldwide, perpetual, irrevocable, non-exclusive, transferable, fully sub-licenseable licence to use, copy, alter, display and create extracts of, or derivative works from, that Review in any media formats, on FortyQ, on our other channels including mobile, email communications, social media, PR, competitions and press releases and also on third party media, including for the purpose of redistribution or promotion of FortyQ. You are not entitled to royalty payments or any other compensation or fee related to any such use of a Review. You waive your moral rights in relation to such a Review to the extent legally permitted. You also grant each other user of FortyQ a licence to use your Review to the extent expressly permitted by these terms and conditions.

11. Limitation of Liability

Nothing in the Terms shall exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited. If you are accessing the FortyQ Platform as a consumer, your statutory rights are unaffected.

If you are dissatisfied with FortyQ, or the terms of the Terms, your only remedy under the Terms shall be to discontinue use of FortyQ. Without limiting the preceding sentence, we shall have no liability for any failure or delay resulting from any matter beyond our reasonable control.

Other than as set out in the two paragraphs immediately above, and unless you are a consumer we shall not be liable in contract, tort, negligence, statutory duty, misrepresentation, or otherwise for any loss or damage whatsoever arising from or in any way connected with the Terms. If you are a consumer, we shall only be liable for any loss that is a reasonably foreseeable loss.

Except as expressly set out in the Terms, all conditions, warranties and obligations which may be implied or incorporated into the Terms by statute, common law, or otherwise and any liabilities arising from them are expressly excluded to the extent permitted by law.

We shall not be liable for any loss of business, loss of data,l oss of profits, business interruption, loss of business information, or any other economic loss (even where we have been advised of the possibility of such loss or damage).

In the event that any limitation or exclusion of liability in the Terms is not enforceable, then we shall not be liable to you for more than £500 in aggregate in respect of matters arising out of any individual Request for Quotes.

Each of the provisions of this section 11 (Limitation of Liability) shall be construed separately and independently of the others.

12. Our Rights

We reserve the right at all times to edit, refuse to post, or to remove from FortyQ any information or materials for any reason whatsoever, and to disclose any information we deem appropriate to satisfy any obligation we may have under applicable laws, regulatory requirements, legal processes, or to satisfy any request of the police, government or any regulatory body (including the Solicitors Regulation Authority).

We reserve the right to terminate the provision to you of FortyQ or restrict your access to FortyQ at any time without notice for any reason whatsoever, including if we suspect you to be in breach of any of the Terms.

We may vary the terms of the Terms from time to time and shall post such alterations on the Site. If you do not agree to the changes made to the terms of the Terms then you have the right to stop using the Service, and should do so immediately. Your continued use of FortyQ after the date the changes have been posted will constitute acceptance of the amended Terms.

13. Confidential Information

Confidential Information shall mean all information whether written or oral and in whatever medium and relates to the business, products, financial and management affairs, customers, employees or authorised agents, plans, proposals, strategies or trade secrets disclosed by you to us.

We shall not, and shall ensure that our employees shall not, use copy or disclose any of your Confidential Information except to exercise our rights and to carry out our obligations under this Agreement.

This clause does not apply to any Confidential Information which is or becomes generally available to the public other than as a result of any of our acts or omissions; is already in or comes into our possession from a person lawfully in possession of the information and owing no obligation of confidentiality to you in respect of the information; or is required to be disclosed by any court, government or administrative authority competent to require disclosure.

Nothing in this clause shall prevent or restrict FortyQ from:

  • (a) reproducing the Request for Quotes to Legal Advisors in order to provide the service; and/or

  • (b) obtaining from the Legal Advisor and using for the purposes of this Agreement, details of the Legal Advisor Fees and the Client hereby consents to the Legal Advisor sharing details of its Legal Advisor Fees with FortyQ.

 

14. General

Section headings are inserted for convenience only and shall not affect the interpretation of the Terms.

If any of the Terms are held to be illegal or unenforceable such provisions shall be severed and the rest of the Terms shall remain in full force and effect unless the business purpose of the Terms is substantially frustrated, in which case it shall terminate without giving rise to further liability.

You may not assign, transfer or sub-contract any of your rights under the Terms without our prior written consent. We may assign, transfer or sub-contract all or any of our rights at any time without consent.

No waiver shall be effective unless in writing, and no waiver shall constitute a continuing waiver so as to prevent us or you from acting upon any continuing or subsequent breach or default.

The Terms constitute the entire agreement as to your use of and our provision of FortyQ and supersedes and extinguishes all previous communications, representations (other than fraudulent misrepresentations) and arrangements, whether written or oral.

You acknowledge that you have placed no reliance on any representation made but not set out expressly in the Terms.

The Terms shall be subject to the laws of England and the parties shall submit to the exclusive jurisdiction of the English courts.

In the event of any comments or questions regarding the Terms (including the Privacy Policy and Cookie Notice) then please contact us at contact@fortyq.com, or FortyQ Limited, 3 Varsity Place, John Towle Close, Oxford OX1 4TY.