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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3840
Experience:  Solicitors 2 years plus PQE
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We have a question regarding legally enforceable agreements.

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We have a question regarding legally enforceable agreements. We have a number of legacy clients who accept our services by paying their invoice and receiving our services but due to the age of our relationship we do not have a copy of the original agreement. If we note our terms and conditions on our website and refer to them in communications, does this satisfy known case law that this would constitute a legally enforceable agreement.

Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. If you want to rely on your terms and conditions you would need to show the following (i) That your clients were made aware of and had access to your terms and conditions and (ii) they were made aware that any supply of services would be subject to the terms and conditions - this would have to be done before the contract or supply of services was agreed. The reason why the solicitor was vague, is because the fact that you have made your client aware of the terms and conditions means you have grounds to say they have been bound, but without a clear statement of your intent to bind them the client may have grounds to deny the enforce-ability of the same. The safest thing to do is simply say (the next time you receive an order) - "all of our services are subject to our terms and conditions available on our website" - the crucial thing is they have to be made aware of the applicability of the terms and conditions before the order is confirmed.

Do your clients ever try and send you terms and conditions of their own?

Alex J. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks Alex, this point of view was exactly what we were after. We can now amend our invoices - communication of the service to be offered - and make sure it clearly states where the terms and conditions are on our website and that our services are offered under these.
Customer: replied 1 year ago.
Hi Alex, I wondered if you were able to confirm your qualifications to me. Nothing untoward or incriminatory, I just need to confirm to our overseeing body that you are a professional. Hope that this is ok? Many thanks.

All of the professionals on the UK Law category (including myself) are qualified solicitors or barristers and have been verified by a third party. I would note that this is a question and answer services, so if you need advice underpinned by professional indemnity insurance and a regulatory frame work you would need to engage a solicitor under a formal retainer. Can I assist you any further? Kind regards AJ

Customer: replied 1 year ago.
Thanks Alex, we do not need a full retainer, we just needed independent advice, as opposed to just using our own lawyers as this could be seen as partisan.

Thank you. ***** assist you any further? Kind regards AJ