Terms and Conditions of Business
1.1 The legal services that K. Alexandrou-Theodotou LLC provides are regulated and authorised by the Nicosia (Cyprus) bar. Our Company Registration No. is HE337378. These terms and conditions are set out to comply with certain standards recommended by the Cyprus Bar Association. Their other purpose is to indicate to clients as clearly as possible the standard of service that they can expect from us, the amounts that we will charge for the work that we do and our methods of charging.
1.2 These terms and conditions do not affect statutory and common law rules that govern Advocates business. However, if there is a conflict between the terms and conditions and such rules, the terms and conditions will prevail so far as it is possible for them to do so.
1.3 When the words ‘we’ and ‘us’ are used in these terms and conditions, they mean K. Alexandrou-Theodotou LLC. K. Alexandrou-Theodotou LLCis regulated by the Nicosia (Cyprus) Bar.
1.4 These terms and conditions, any letter that we may send you which states that you have instructed us and any document referred to in that letter, together represent the terms and conditions on which we contract with you.
2 Responsibility for work carried out on your behalf
2.1 The person(s) who will carry out all or the majority of the work on your matter is or are shown on the letter that accompanies these terms and conditions.
- In certain circumstances, it may be appropriate for some work to be carried out by other members of staff, such as paralegal, secretarial or support staff. This allows us to provide a more efficient service to you and also to charge you the appropriate amount for the work done. All work by such staff is performed under the supervision of a solicitor. A partner has overall supervision of the matter.
- Charges and expenses
3.1 How we charge
Our fees are based on the amount of time we spend in dealing with your matter. The time we spend will include (but will not be limited to) the following types of activities: meetings with you, members of your staff, experts and maybe others; drafting documents (such as instructing surveyor, statements of case, witness statements, and letters instructing experts); attending court; considering, preparing and working on various documents; correspondence; and making and receiving telephone calls.
3.2 Routine letters or emails that we write and routine telephone calls that we make and receive are charged as units of 1/10th of an hour. Routine letters or emails that we receive are charged at 1/20th of an hour. Other letters, emails and telephone calls are charged depending on the length of time that they take.
3.3 On 1 July each year, we review our hourly rates. We will let you know if there are any changes to the new rates that could apply.
3.4 In addition to the time that we spend, we take into account various other factors including the complexity of the issues involved in the matter, the speed at which action must be taken, the expertise or specialist knowledge that the matter requires and, if appropriate, the value of the property or subject matter involved. Our rates may be adjusted upwards if, for example, the matter becomes more complex than expected or must be carried out in an emergency or out of hours. In these circumstances, the increased rate will not exceed 10% above the usual hourly rate.
3.5 If you require more information or have a concern about our rates after an annual review, please do not hesitate to contact us.
We add VAT to our charges at the rate that applies when we carry out the work. Currently this is 19%. Our VAT registration number is 10357378D.
You must also pay for the expenses that we incur on your behalf (commonly called ‘disbursements’). These include photocopying charges, courier costs, travel expenses, overseas telephone calls, facsimile charges and the costs of using the services of other professionals and other persons (such as surveyors, accountants and other agents). Also payable may be fees to central and local government, regulatory and other bodies (such as court fees, Land registry fees, search fees, company searches and so on), charges to transfer funds by electronic or other means and banker’s drafts. VAT is normally payable on these items.
3.8 Additional work
If we need to carry out some unforeseen additional work, we will let you know about this (normally before we carry it out) and provide you with an estimate of the cost. This situation can arise because of unexpected difficulties, a change in your requirements or a change in circumstances during the course of the matter (such an unexpected action or inaction by the other party or parties involved in the matter).
3.9 Matter not concluded
If your matter is not concluded, we will still charge for the time that we have spent and the disbursements and expenses that we have incurred on your behalf. You must still pay our charges and expenses.
3.10 Cheque clearance
We reserve the right to clear any cheques or other forms of payment that you provide to us before carrying out any work on any aspect of your matter.
4.1 We will send you invoices for our charges and expenses on a regular basis during the course of the matter, normally monthly. This will enable you to budget your costs. All invoices sent to you are statute bills unless otherwise stated.
4.2 You should pay our invoices within 14 days of receipt. We will charge you interest at 8% per year as from 28 days of the date of the invoice. Interest is charged on a daily basis.
4.3 If you have queries about any invoice that you receive, please contact us immediately.
5. In particular circumstances, we may disclose the information that you have provided or that we have collected or received about you to other persons and organisations. For example, this information may be disclosed to:
5.1 Other suppliers of professional services, such as other lawyers, accountants and expert witnesses. For example, if we are helping you to negotiate a contract with a third party, a lawyer may be representing that party and we will need to disclose information about you to them during discussions about the contract;
5.2 Suppliers of administration, financial/banking and technical services. For example, some of the typing, document preparation and photocopying necessary to deal with your matter may be handled by a contractor that we use and not by our own staff;
5.3 The courts and governmental and regulatory authorities. For example, if we are applying for a permit or a licence on your behalf, we must disclose relevant information about you to the organisation that is granting permission or issuing the licence; and
5.4 Organisations that regulate the legal profession.
5.5 It is a requirement of the General Data Protection Regulations (“GDPR”) for us to obtain your consent to retain your details on our mailing list, which we retain to send you information that we think may be of interest to you, from time to time. If you do not wish to remain on our mailing list after your matter is completed, please indicate this when signing and returning these Terms and Conditions of Business.
Further information about the GDPR can be found on the office of the Commissioner for Personal Data Protection website
6 Insurance and liability
6.1 You acknowledge and agree that if you wish to make a claim relating to or in connection with the services provided by us, the claim can only be brought against K. Alexandrou Theodotou LLC and not against the individual members, officers or employees. We believe that this is reasonable as it corresponds to modern business practice and K. Alexandrou Theodotou LLC has in place indemnity insurance in excess of the minimum cover required by the Cyprus Bar Association.
6.2 ‘Claim’ means any claim whether arising out of this agreement or otherwise, and whether such a claim is made in contract, tort, on the ground of breach of trust or on any other basis.
6.3 Our maximum liability for loss or damage, breach of contract, breach of trust, negligence or otherwise (with the exception of fraud) is £2 million for any one transaction/matter or series of connected transactions/matters, unless a higher amount is stated in the letter that accompanies these terms and conditions.
6.4 We will not be liable for any loss, damage, costs or expenses of an indirect or consequential, special or exemplary nature, including without limitation any economic loss or other loss of turnover, profits, opportunities, business or goodwill.
6.5 We limit our liability as far as the law permits. We cannot limit our liability where, because of our negligence, we cause death or personal injury to occur.
6.6 We have professional indemnity insurance giving cover for claims against the firm. Details of the insurance, including contact details of our insurer and the territorial coverage of the policy can be inspected at our offices or made available on request.
7 Storage of papers and documents
7.1 We are entitled to keep all the papers and documents generated by us or received from you or other persons (including original documents) if some or any sums that you owe us have not been paid at the end of our work on the matter or after the termination of the retainer.
7.2 We normally keep papers for no more than six years (except for those that you ask us to return to you). We keep the papers on the understanding that at the end of six years after the date of the final invoice we sent to you, we have your express authority to destroy the papers. However, we will not destroy any papers that you have expressly asked us to deposit in safe custody.
7.3 We do not usually charge for retrieving papers or documents held in storage where you are providing continuing or new instructions. However, we may charge (based on the time that we spend in retrieving stored papers or documents) for producing them to you or to another person at your request.
9.1 You can terminate your instructions to us in writing at any time. However, if you have not paid all the sums owing to us, we are entitled to keep your papers and documents until you do so.
9.2 During the course of the matter, you may come to believe that we should stop acting for you. This may be the case if, for example, you cannot give us clear or proper instructions on how we should proceed, or it has become apparent that you have lost confidence in the way that we are carrying out work on your behalf.
9.3 We will only stop acting for you when we have a good reason to do so; for example
9.3.1 if you do not pay one or more of our invoices;
9.3.2 if you do not make an advance payment promptly when this has been requested;
9.3.3 if you provide instructions that are unreasonable or would require us to breach a professional rule or a duty to the court or involve the commission of a criminal offence; or
9.3.4 if there is a conflict of interest.
9.4 If we decide to stop acting for you, we will give you reasonable notice that this is what we plan. The precise length of the notice will depend on the circumstances.
9.5 If you decide that you no longer wish us to act for you, you must pay us for the time that we spend based on our hourly charges plus any expenses incurred up to the date of our ceasing to act for you.
10 Equality and diversity
We have a strong commitment to embracing as well as promoting equality and diversity in the relationships that we have with our clients, our employees and third parties. If you would like to see our equality and diversity policy, please let us know.
11 Law and jurisdiction
This agreement will be governed by and construed in accordance with the law of Cyprus and each party agrees to submit to the exclusive jurisdiction of the courts of Cyprus
12 Opening hours
We are open on normal working days from 8.30 am to 7.00 p m. However, in order to serve the public, clients can be received between 4 p.m. and 7 p.m. on weekdays. Messages can be left on the answerphone outside those hours and appointments can be arranged at other times when this is essential.