You (the person or persons selling and/or purchasing a property) have requested QLL (via a third party Introducer) to seek and recommend to You a Conveyancer that is professionally qualified to provide You with the Service(s). This document sets out the Terms and Conditions upon which QLL will assist You sourcing a Panellist to provide the Service(s).
Agreement: means these Standard Terms and Conditions.
Matter: means each piece of work where You require a Conveyancer to provide to You with the Service(s).
Conveyancer: means a solicitor and/or a licensed conveyancer.
Data Protection Legislation: means any and all legislation in force for the time being which is applicable to the processing and protection of Personal Data.
Introducer: means any professional practitioner, financial advisor, mortgage advisor, packager, estate agent, mortgage lender or any other person or organisation who instructs QLL to provide the Service(s) to You.
QLL: means QuoteLegal Limited, a company incorporated in England and Wales under company number: 4847837 whose principal place of business is at 130 Aztec West, Bristol BS32 4UB.
Platform: means the Website provided by or on behalf of QLL.
Panel: means a panel of Conveyancers for the time being which is maintained and managed by QLL.
Panellist(s): means Conveyancers who are on the Panel from time to time.
Parties: means You and QLL.
Personal Data: For the purposes of this document, “European Data Protection Legislation” is defined as, for the periods in which they are in force, the General Data Protection Regulation (Regulation (EU) 2016/670) (“GDPR”), Data Protection Act 2018, any equivalent legislation amending, supplementing or replacing the GDPR and any other law applicable to us and otherwise relating to data protection.
Service(s): means, in respect of Conveyancers, the provision of legal work required on a remortgage, sale, purchase or conveyance of a property (as applicable).
1.1 You have appointed QLL as Your sole and exclusive advisor to seek and appoint a Panellist that meets the criteria specified by Your Introducer to provide You with the Service(s) to complete Your Matter.
Notes for clients: QLL operates a process to appoint Panellists to its Panel. The Panellists are required to demonstrate to QLL that they have the necessary skills and attributes which QLL considers adequate in delivering the type of Service(s) that have been requested.
1.2 QLL’s sole responsibility under these Terms and Conditions is to seek and maintain and manage a Panel that, in the sole opinion of QLL, are more likely than not to provide You with the type and quality of Service, that following instructions from the Introducer, QLL considers You require. QLL does not give any warranty or guarantee or accept any responsibility or liability in respect of any acts or omissions of the Panellists or in connection with their provision of the Service(s).
You acknowledge and agree by using the Service(s) that the quality of the Service(s) provided by a Panellist is a private matter between You and the relevant Panellist and that QLL acts merely as a facilitator in respect of the Panellists and does not owe a duty of care to You in respect of the quality of the Service(s) or the Panellists.
2.1 You may terminate this Agreement at any point prior to contracting with the recommended Panellist by giving QLL notice in accordance with clause 8.8. below. Thereafter, the Panellist will detail how You may terminate Your instructions to them in their terms of engagement.
2.2 In using the Service(s) You will not do anything that in QLL’s reasonable opinion may harm or prejudice the goodwill and reputation of QLL, or that of any QLL subsidiary, or any of QLL’s brands or services or any of QLL’s rights.
3.1 QLL shall use its reasonable endeavours to appoint only suitably qualified and competent Conveyancers to the Panel.
3.2 The Platform is made available for You to use free of charge on an “as is and as available” basis subject to clause 4.5 hereof. Whilst QLL shall use its reasonable endeavours to make the Platform available for You, QLL shall be entitled to alter the QLL at any time in its absolute discretion or to suspend access to it for maintenance or other purposes or, where required to do so, for legal or other reasons.
3.3 Subject to You complying with clause 4.2, QLL will process Your Personal Data in accordance with the relevant General Data Protection Regulation.
3.4 QLL will be entitled to contact You at any reasonable time using any of the contact information provided by You and/or Your Introducer for the purpose of carrying out customer satisfaction surveys.
4.1 The quotation that we have provided to You is intended as a guide price only.
Notes for clients: QLL tries to ensure that quotations are accurate. However, in certain circumstances Your particular needs or circumstances may change which could result in the quotation provided being inaccurate. Your Panellist will discuss this with You in the unlikely event such changes in circumstances or needs apply.
4.2 QLL wishes to keep Your details and information about You as accurate as possible. In the event that QLL has been provided with the wrong information about You or Your information has altered, You must contact QLL to update the information immediately.
4.3 Where Your Introducer or another third party has provided Your details and information about You, QLL will be relying upon that Introducer or party to ensure that the information is accurate.
4.4 You consent to the selected Panellist providing information disclosed by You or about Your Matter to QLL to help improve our service and/or to update relevant third parties on the progress of Your Matter.
4.5 Your use of the QLL’s Platform may be subject to additional terms and conditions published on that Platform which are subject to change from time to time and You agree to adhere to the latest additional terms and conditions when using the Platform.
4.6 You consent to receive information about other QLL services and/or the services of other organisations with which QLL has a business relationship. If you do not wish to receive such information you need to give QLL notice to that effect in accordance with clause 8.8.
Notes for clients: Purchase transactions only. QLL will assist in ensuring your purchase transaction proceeds as quick as possible. To assist in avoiding unnecessary delays, QLL aim to collect conveyancing search fees at the outset of the purchase transaction.
5.1 Payment can be collected by the following methods:
5.2 The required payment amount will be confirmed on the conveyancing quotation provided to you from QLL’s Platform. It will also be re-confirmed before payment is collected.
5.3 The production of the required conveyancing searches will be outsourced to a Search Provider. Completed conveyancing searches will be returned directly to your Panellist.
5.4 QLL provide you with a Search Guarantee. In the unlikely event You do not proceed with the original property purchase, QLL will provide free replacement conveyancing searches on any second purchase subject to the following conditions:
5.5 On receipt of payment, conveyancing searches are instructed immediately. You cannot cancel once payment is received.
Notes for clients: QLL aims to facilitate excellent Panellists to ensure that Your legal work is as efficient and effective as could reasonably be expected. In the unlikely event that Your Panellist does not provide You with the level of service that You expect You should follow the procedure in this clause 6.
6.1 You should try to resolve any issue that You may have with the person at the Panellist firm directly dealing with Your Matter, using the contact details that QLL have provided.
6.2 In the event that the person responsible for Your Matter does not respond within an adequate period of time or their response is not satisfactory to You, You should speak to the complaints partner or senior partner at the Panellist firm.
6.3 In the event that You are unable to resolve the issue with the Panellist You should contact QLL on 01454 532100 and ask to speak to customer services.
6.4 In the unlikely event that Your complaint relates to the way in which QLL operates, You should contact QLL on 01454 532100 and ask to speak to customer services.
7.1 QLL’s liability to You under this Agreement is as set out in clause 1.2 and this clause 7.
7.2 Nothing in this Agreement affects Your statutory rights.
7.3 Nothing in this Agreement excludes or limits QLLL’s liability to You for your death or personal injury caused by QLL’s negligence or for fraudulent misrepresentation.
7.4 QLL has no liability to You in the event that the QLL Platform is unavailable to You at any time for any reason.
7.5 In respect of an QLL error or omission, QLL will not be liable for any loss or damage (whether in contract, tort, breach of statutory duty or otherwise)
where:
(a) there is no breach of a legal duty of care owed to You by QLL;
(b) the loss or damage is not a reasonably foreseeable result of any such breach; or
(c) any increase in loss or damage results from a breach by You of this Agreement.
7.6 Where “You” refers to more than one person, each such person is jointly and severally liable for compliance with this Agreement.
8.1 This Agreement constitutes the entire agreement between You and QLL in respect of the Service(s). No additions or modifications may be made to this Agreement unless they are agreed in writing by the Parties.
8.2 Nothing in this Agreement shall constitute a relationship of principal and agent between the Parties and neither Party shall have the right to bind or commit the other in any way or hold itself out as having the right to do so.
8.3 Any person who is not a Party to this Agreement shall not have any rights under it or be entitled to enforce it under the Contracts (Rights of Third Parties) Act 1999.
8.4 Neither Party shall disclose the contents of this Agreement or make any announcement to the press concerning the existence of this Agreement without the prior written consent of the other.
8.5 This Agreement is personal to You and You are not permitted to assign, pledge, dispose or otherwise transfer it in whole or part to any other person.
8.6 If any term of this Agreement is held to be invalid, illegal or unenforceable and for any reason by any Court or competent authority, such term shall be severed and replaced with one which most closely reflects the original intention of the severed provision. In the event that a severed provision is so fundamental as to prevent the accomplishment of the purpose of this Agreement, the Parties shall immediately commence good faith negotiations to remedy the accomplishment of that purpose.
8.7 The failure of either Party to insist upon strict performance of any provision of this Agreement, or the failure of either Party to exercise any right or remedy to which it is entitled hereunder, shall not constitute a waiver thereof unless confirmed in writing by the waiving Party.
8.8 Notices and communications sent by one Party to the other pursuant to this Agreement shall be sent by first class pre paid post to the address, or by fax to the fax number, set out in this Agreement or such other address or number as may have been notified by the receiving Party to the other in writing for this purpose and they shall be deemed to have been received 3 days after posting or the same working day if they are successfully sent by fax.
8.9 This Agreement shall be governed by English Law and each of the Parties hereby submits to the exclusive jurisdiction of the English Courts.
Notes for clients: QLL endeavours to comply with the Code of Conduct published by the Solicitors Regulatory Authority and any Conveyancer whom QLL may refer You to is an independent professional from whom You will receive impartial and confidential advice. The advice and service of the Conveyancer will remain independent and subject to Your instructions. You are free to choose another Conveyancer from the QLL Panel. QLL are required to inform You, as part of the Code, that in accordance with usual professional practice the Panellist that you instruct may pay a referral to QLL of which a proportion may be passed to your Introducer. Exact details will either be confirmed in QLL’s conveyancing quotation and/or your Conveyancer’s Instruction Pack. Any referral fees received by QLL are used to contribute towards the on-going quality control, audit, training, support and general commercial development of the Panellist including information technology development.
QuoteLegal Limited
130 Aztec West, Bristol BS32 4UB
Tel: 01454 532100
Email: info@quotelegal.co.uk
