Terms of business for Kennedys clients

Kennedys’ terms of business for clients are broadly similar across all of the countries in which we have an office. The full terms of business for England and Wales are below and in respect of data privacy issues the following countries have their own data privacy terms.

This page contains terms of business relating to:

  • England and Wales
  • Ireland
  • Other countries - Australia, Bermuda, Hong Kong, New Zealand, Singapore, Thailand.

Kennedys’ standard terms for third parties we instruct on client matters can be found on our Terms of business for Kennedys suppliers page.

Terms of business - England and Wales

1. Our contract

The following terms of business of Kennedys Law LLP (“these terms”), as supplemented and/or amended by any relevant engagement letter, apply not only to the present instructions but also to all future instructions from you accepted by us, unless otherwise agreed in writing by a partner. Your continuing instructions amount to an acceptance of these terms.

Any reference to “this agreement” or “this contract” in these terms shall mean a reference to the agreement between us as set out in any engagement letter and incorporating these terms.

2. Kennedys Law LLP

Kennedys Law LLP is a limited liability partnership registered in England and Wales with registration number OC353214. A list of the members of Kennedys Law LLP is open to inspection at its registered office at 25 Fenchurch Avenue London EC3M 5AD. Kennedys is a trading name of Kennedys Law LLP. All references in these terms to “us”, “we”, “our”, “Kennedys” and the like should be read as referring to Kennedys Law LLP and any successor practice. Any reference to “partner” or “member” means a member of Kennedys Law LLP or an employee or consultant who is a lawyer with equivalent standing and qualifications and should not be construed as an indication that any relationship of partnership exists between all or any of the individuals so designated or between any individual and Kennedys Law LLP.

We are regulated by the Solicitors Regulation Authority and our registration number is 534581. Details of the professional rules which apply can be seen at www.sra.org.uk. We maintain professional indemnity insurance in accordance with these rules. Details of the insurers and the territorial coverage of the policy are available for inspection at our registered office or on request.

3. Our responsibilities

We will provide the services set out in the engagement letter that accompanies these terms. If there is any conflict between these terms and those contained in the engagement letter, the latter shall prevail. 

 

In providing our services to you we will rely upon the information and instructions provided by you or by others authorised to do so on your behalf. If we are asked to provide advice in an abbreviated format or on a short timescale you will not receive all the information you might otherwise have obtained. Advice is provided in relation to a specific set of facts and as a result we do not accept any responsibility for the applicability of that advice to other situations or to other parties or for any reliance placed upon it by such parties or in such situations. We will not give advice on the tax implications of your instructions unless we specifically agree to do so in writing in advance.

We reserve the right to refuse new instructions or not to continue with existing instructions if in so doing we would be presented with a conflict of interest as defined by the Solicitors Regulation Authority. We also have a professional duty to uphold the rule of law and the proper administration of justice. We must comply with our duties to the court even where this conflicts with our obligations to you.

In order to benefit and protect clients and the public we follow the Codes of Conduct published by the Solicitors Regulation Authority. The codes can be found at https://beta.sra.org.uk/

4. Your responsibilities

You will as far as reasonably practicable provide us with timely instructions, information and materials necessary for us to perform the services to you and promptly notify us of all material changes.

5. Client identification

In order to comply with the anti-money laundering legislation in relation to defined work types including work involving property transactions, buying or selling businesses, the creation/operation of corporate entities or trusts, establishing or transferring funds to onshore or offshore bank, savings or securities accounts, the receipt of funds by us into client account and the management by us of client money, securities or assets, we are obliged to ask all clients who instruct us in such matters to produce proof of identity and address and where applicable in addition to disclose to us documents verifying the trustee(s) and beneficial owner(s) of any trust and/or a list of the directors and shareholders, a copy of the certificate of incorporation and confirmation of the status of any corporate entity and/or the source of any funds.

We will be unable to accept instructions to act on your behalf if this information is not provided in full as soon as reasonably practicable after you first contact us and in any event before we accept any funds into our client account or provide any legal services.

6. Information and confidentiality

Confidentiality

We undertake to take all reasonable steps to safeguard and maintain the confidentiality, integrity and accessibility of information entrusted to us by you. We may release information where that is necessary for the legal services that we provide to you, where it relates to the administration of our relationship with you, where we work jointly in a project with a third party or where we are required to disclose information by law or by any professional or regulatory body. We may in certain circumstances be required by law to report to the National Crime Agency or other governmental authorities any evidence or suspicion we have of money laundering or crime in general. In such an event, we are prohibited from notifying the client of the fact or content of such a report.

In addition, for the purpose of legal and accounting audits, other Kennedys’ personnel or third parties may conduct audits of our records from time to time. Your files may be reviewed as part of such an exercise but we will ensure that any party carrying out such an audit signs a confidentiality agreement or is otherwise bound by similar rules of professional ethics governing client confidentiality in relation to the information. If you do not wish your files to be accessed in this way please let us know as soon as possible.

Publicity

We will not disclose the nature of the work we carry out for you without your written consent unless it is already public knowledge.

Privilege

In the event of any claim (including wasted costs proceedings) or other complaint being intimated or brought against us you will allow us to disclose and rely on all documents and information so that the court or tribunal has all relevant information available to it.

E-mail Communication

In the course of carrying out your instructions we may communicate with you via e-mail. You should be aware that the internet is not a secure medium and we cannot guarantee the security or integrity of such communications despite the industry-standard checks we carry out on all e-mails.  If you require a greater level of security, you should raise this with us at the outset.

Lien, Document Storage and Retrieval

When the present instruction is concluded we are entitled to keep all your papers and documents while there is money owing to us. Once our costs have been paid we will, unless other arrangements are specifically agreed in writing by a partner, return your original documents.  We will store a set of copies for an appropriate period of at least 7 years from the date of the last bill we send you for the matter, after which we will securely destroy those records. We will not destroy deeds, wills or other legal instruments where you have asked us to deposit such documents in safe custody. If you ask us to retrieve information that involves more than merely delivering documents to you from storage, we reserve the right to charge you for the time spent and/or costs incurred.

Data Protection

You may provide personal data to Kennedys (and vice-versa) in connection with this agreement (“Personal Data”). The Personal Data may relate to you (if you are an individual), to your officers, employees and contractors (if you are an organisation) or to other individuals connected with your matter (for example, claimants, policyholders and witnesses) (“Data Subjects”). 

You will comply with your obligations, and Kennedys will comply with our obligations, in relation to the Personal Data under the General Data Protection Regulation (Regulation (EU) 2016/679) (“GDPR”) as incorporated into the law of the United Kingdom by virtue of the European Union (Withdrawal) Act 2018 (“UK GDPR”) and any other applicable privacy or data protection laws, including in relation to the disclosure of Personal Data to the other party in connection with this agreement.

If you are an individual, you should review Kennedys’ Privacy Notice at www.kennedyslaw.com/privacy. Section 6.1 of the Privacy Notice contains specific information on how Kennedys processes your personal data. The key points of that Privacy Notice are:

  • we will collect personal data about you in order to provide legal and other professional services to you and for other purposes related to that purpose;
  • we may collect that personal data from you, third parties or public sources;
  • we may also use your contact details and interests to manage and develop our relationship with you and to send you communications about our services and firm events;
  • the bases for this processing are to perform our contract to provide services to you, and for Kennedys’ legitimate interests in conducting and developing its business;
  • we may disclose your personal data to our suppliers and to third parties involved in your matter;
  • we may transfer and store your data overseas and your personal data may be accessed by Kennedys personnel worldwide;
  • we generally retain your personal data on a matter file for 7 years from the date of the last bill, or for longer if required by law;
  • it is mandatory to provide certain personal data to us, otherwise we may be unable to act for you; and
  • you may exercise your rights to access, correct, erase, restrict or object to the processing of your personal data by contacting Kennedys’ Data Protection Officer at dataprotection@kennedyslaw.com.

Where practicable, you should direct the Data Subjects to review the relevant sections of Kennedys’ Privacy Notice at www.kennedyslaw.com/privacy. Section 6.2 of the Privacy Notice contains specific information on how Kennedys processes the personal data of your officers, employees and contractors; section 6.3 contains specific information on how Kennedys processes the personal data of other individuals connected with your matter.

If you are located wholly or partly outside the United Kingdom, Kennedys (as “data exporter”) and you (as “data importer”) hereby enter into the Standard contractual clauses (controller to controller transfers) (set II) approved by EC Decision 2004/915/EC, as amended replaced or superseded from time to time, including by an equivalent decision under the GDPR (the “Standard Contractual Clauses”) in respect of any cross-border transfer of Personal Data from Kennedys to you which would otherwise be prohibited by the UK GDPR (a “UK GDPR Restricted Transfer”). The Standard Contractual Clauses shall come into effect on the commencement of the relevant UK GDPR Restricted Transfer. Unless otherwise agreed between the parties, the Standard Contractual Clauses will be deemed to have been completed by the parties as follows: (a) in clause II(h) of the Standard Contractual Clauses, the data importer will choose option (i); and (b) Annex B of the Standard Contractual Clauses will be completed with the appropriate details set out in Kennedys’ Privacy Notice at www.kennedyslaw.com/privacy. This clause shall not apply to a UK GDPR  Restricted Transfer unless its effect, together with other reasonably practicable compliance steps (which, to avoid doubt, do not include obtaining consents from data subjects), is to allow the relevant UK GDPR Restricted Transfer to take place without breach of the UK GDPR.

7. Copyright and intellectual property

We retain all copyright and intellectual property rights in all material developed, designed or created by us during the course of carrying out your instructions including systems, software, know-how, reports, written advice, drafts and working papers.

8. Fees

Unless specified in the relevant engagement letter, our fees are based upon our quoted hourly rates, the number and seniority of the individuals involved in your matter and the complexity of the work. The rates for the individuals intended to be involved in the present matter are set out in the engagement letter accompanying these terms and will be reviewed on 1 May each year. In addition to our hourly rates, we will charge expenses, which include, but are not restricted to, counsels’, experts’ and foreign lawyers’ fees, photocopying, courier and travel charges.  In addition, unless zero-rating or an exemption applies, VAT at the then applicable rate will be charged. Our VAT number is 974 9796 34.

Estimates

We will provide you with an initial estimate of the likely timescale and costs of completing your instructions. This estimate is not intended to be final or binding and we will update it from time-to-time.  If the scope of the instructions or the underlying facts change significantly we will update the estimate. Any estimate is based upon the assumption that the information and instructions are clear, provided in good time and that all of your key personnel are available. If delays or problems occur beyond our control this may result in additional fees being charged.

Funding Arrangements

At the outset, we will discuss with you the funding of the likely expenditure and the options open to you including the existence of any insurance cover in your favour, fixed fees, conditional fees, damage-based agreements and, subject to the matters set out under Section 11 “Financial Services and Insurance Mediation”, after-the-event insurance. We may ask you to provide a sum of money on account of costs and expenses at any time and on more than one occasion. The exact amount will be agreed on an individual basis for each case.  When these payments are put towards your invoice, you will be sent a receipted invoice. Alternatively, we may accept a director’s guarantee for costs in the case of a limited company.

Invoices

Unless we have specifically agreed otherwise, we will submit invoices on a monthly basis for services provided and expenses incurred.  Any invoice will not be a request for payment on account but will be the only and final invoice for our charges incurred during the period to which it relates. It may be necessary to submit a separate invoice for any expenses incurred on your behalf.  Invoices are payable on the date of the invoice and we will charge you interest on all sums which remain unpaid after that period. The rate we will apply is the same rate as that which applies from time-to-time to judgment debts under the Judgments Act 1838 with interest accruing on a daily basis from the date of the invoice.

If you are dissatisfied with any invoice, you have the right to object by way of our complaints procedure which is set out under Section 12 “Client Care” below. If you remain unhappy, you may be able to make a complaint to the Legal Ombudsman. If you are not satisfied, you may be entitled to have our charges reviewed in court by applying for an assessment of the invoice under part III of the Solicitors Act 1974. You should note that the Legal Ombudsman may not deal with a complaint about an invoice if you have applied to the Court for assessment of that invoice.

9. Court proceedings and costs

In cases involving court or arbitral proceedings, the tribunal may award costs during the progress of the case and these costs are usually payable within 14 days. In such cases we will tell you immediately whether you have been ordered to pay the costs or whether they are to be paid by another party. It is important you understand that whether or not you recover some or all of your costs from another party, you remain liable to pay our costs in full. This applies during the progress of the case as well as at its conclusion.

At the conclusion of court proceedings, the court assesses the costs payable by the losing party and it is usual for the winner to be awarded a proportion, but usually not all, of their own costs.  Therefore, if you are unsuccessful in any proceedings you may have to pay the other party’s costs as well as your own.

You should be aware that if the losing party is in receipt of community legal service funding, you are unlikely to be able to recover any costs from them.

10. Client money

The Solicitors Regulation Authority has strict rules concerning the way we handle client money, which are to be found in the SRA Accounts Rules 2019. We will not pay out any money to you or on your behalf until we are in possession of cleared funds. If we hold cleared funds on your behalf whilst at the same time you owe us money in any matter, we reserve the right to use such funds in settlement of our costs. If you are successful in a contentious matter and are awarded interest as well as costs, we will be entitled to retain such interest on any monies still owed to us by you.

Where you do not owe us money, we will account to you for interest earned on your money held in our general client account depending on the amount of money we hold and the length of time that we hold it. However, we will not normally account for interest of less than £50.

At the conclusion of your matter we will contact you for instructions about how to pay to you any balance of your money held on our client account. If after one year from our final invoice we have not received from you these details, we reserve the right to donate such funds to charity.

Our policy is not to accept cash from clients and where we have to pay money to you, it will be paid by cheque or bank transfer. It will not be paid in cash or to a third party.

11. Financial services and insurance mediation

The Financial Conduct Authority (“FCA”) and Prudential Regulation Authority (“PRA”) regulate the financial services industry under the Financial Services Act 2012. We are not authorised by either authority, however, we are included on the register maintained by these authorities so that we can carry out insurance mediation activity, which is broadly the advising on, selling and administration of insurance contracts. We are able in certain circumstances to offer a limited range of investment services to clients where these are an incidental part of the professional services we have offered to provide.  This part of our business, including arrangements for complaints or redress if something goes wrong, is regulated by the Solicitors Regulation Authority. The register can be accessed via the FCA website at https://register.fca.org.uk/ and the entries for each office may be found under the EPF search.

12. Client care

Whilst we are confident we will provide you with an efficient and effective professional service, if you have any queries or concerns about the service you are receiving or wish to discuss how the service might be improved, please raise them in the first instance with the partner supervising your particular matter. You are entitled to and will be sent at that stage a copy of our client complaints policy. If the problem is not resolved to your satisfaction or you would prefer not to speak to the supervising member, then please write to the Professional Practice Partner at 25 Fenchurch Avenue London EC3M 5AD.

All solicitors must attempt to resolve problems that may arise with their services. It is therefore important that you immediately raise with us any concerns you may have. We value your instruction and would wish to be told at once if you have any reason to be unhappy with us.

If for any reason we are unable to resolve the problem between us, then, should you wish to take the matter further, you may raise the matter with the Legal Ombudsman at PO Box 6806, Wolverhampton, WV1 9WJ. Telephone: 0300 555 0333; Email: enquiries@legalombudsman.org.uk  Please refer to our client complaints policy for information on how to make a complaint to the Legal Ombudsman and the timescale for doing so.

If we have made a contract with you by electronic means you may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. This service can be found at http://ec.europa.eu/odr.

Kennedys is committed to equality and diversity and prohibits unlawful discrimination. Our principles of non-discrimination and equality of opportunity apply to the way in which we treat employees, clients, customers, visitors, suppliers and former employees. We believe that a commitment to diversity and inclusion is essential to reflect the society in which the firm operates and to enable us to understand and meet clients’ needs more effectively and so provide a better quality service. To request a copy of our equality and diversity policy, please contact the HR Director at 25 Fenchurch Avenue London EC3M 5AD.

13. Contracts

Unless prior consent has been given in writing by a partner, no individual who is not a party to this contract will have the right to enforce any of its terms under the Contract (Rights of Third Parties) Act 1999.

Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 if you are an individual acting for purposes which are wholly or mainly outside of your trade, business, craft or profession then you may have the right to cancel your instructions to us within fourteen calendar days of receiving this letter. You can cancel your instructions by contacting us by post or by fax. Once we have started work on your file, you may be charged if you then cancel your instructions and will be liable to pay reasonable costs. If you would like us to commence work on your file within the next seven working days then please sign these terms and conditions and return them to this office by post, fax or email.

14. Proportionality

Any damages you claim against us arising out of, or in connection with, the present instruction will be limited to that proportion of the loss or damage, including interest and costs, that is allocated to us by a court. This proportion will be allocated after taking into account any contribution to that loss or damage by any other person responsible in line with the Civil Liability (Contribution) Act 1978. In assessing their contribution to any loss, no account shall be taken of any limit imposed on the amount of liability of any other person.

15. Limitation of liability

All forms of advice, information and reports we provide are confidential and are supplied solely for the purpose of the present instruction. They should not be disclosed to anyone else without our prior written consent. Save where imposed by law, we do not accept any responsibility to any third parties in relation to the matter on which we are instructed by you.

Your relationship will be solely with Kennedys Law LLP and Kennedys Law LLP will have sole legal liability for the work done for you and for any act or omission in the course of that work. No individual partner, member, employee, agent or consultant of Kennedys Law LLP will have any personal legal liability for that work, whether in contract, tort (including negligence) or otherwise. In particular, the fact that an individual partner, member, employee, agent or consultant signs in his or her own name any letter, email or other document in the course of carrying out that work will not mean that he or she is assuming any personal legal liability separate to that of Kennedys Law LLP. You agree that any claim brought in respect of a matter upon which we are instructed will be made against Kennedys Law LLP and not against any partner, member, employee, agent or consultant of Kennedys Law LLP or against any corporate holding entity of or corporate entity owned or controlled by Kennedys Law LLP or any officer, employee, agent or consultant of any such corporate entity, or against any successor of any such persons or corporate entities.

The aggregate liability of Kennedys Law LLP and any corporate holding entity of or corporate entity owned or controlled by or on behalf of Kennedys Law LLP or any of the partners, members, consultants to and employees and agents of Kennedys Law LLP in any circumstances whatsoever, whether in contract, tort, under statute or otherwise and howsoever caused (including but not limited to our negligence or non-performance) for loss or damage arising from or in connection with the services provided shall, in relation to each matter, be limited to £3,000,000 (three million pounds) or such higher amount (if any) as may be expressly agreed in writing between us.

Nothing in this agreement exempts us from liability arising from fraud or from negligence resulting in death, personal injury or any other liability that cannot be limited or excluded as a matter of law.

16. Ceasing to act

If you wish to terminate this agreement at any time please notify the supervising member and if we request confirm the position in writing. No period of notice is necessary. In a matter where we are on the court record as acting on your behalf, the consent of the court may be required before we can be removed from the record and, to that extent, your right to terminate this agreement may be restricted.

We reserve the right for good reason and on reasonable notice to terminate this agreement and this will include a situation involving a conflict of interest, the lack of instructions from you or failure to pay either any invoice within 30 days or, if requested by us, money on accounts of costs.

On early termination, either by you or by us, you will remain liable to pay all fees and expenses incurred before termination. We will be entitled to retain all of your papers and documents, until all fees or expenses have been paid.

17. Force majeure

Neither you nor we shall be liable for any failure to perform or for any delay in performing any obligations if the failure or delay is due to causes beyond our control including but not limited to extreme weather, riot, curfew, war, terrorism, industrial action, the conduct of any police or other official investigation or delays in providing or non-provision of National Crime Agency consent following a disclosure under the anti-money laundering legislation.

18. Jurisdiction

This agreement will be governed by and construed in accordance with the laws of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales.

19. Separability

If a court decides that any part of this agreement between you and us is invalid, this will not affect the remaining terms of this agreement.

Terms of Business - Ireland

1. Our Contract

The following terms of business of Kennedys Law LLP (“these terms”), as supplemented and/or amended by any relevant engagement letter, apply not only to the present instructions but also to all future instructions from you accepted by us, unless otherwise agreed in writing by a partner.

Any reference to “this agreement” or “this contract” in these terms shall mean a reference to the agreement between us as set out in any engagement letter and incorporating these terms.

2. Kennedys Law LLP

Kennedys Law LLP is a firm of solicitors practising in Ireland. A list of the partners of Kennedys Law LLP is open to inspection at its registered office at Second Floor, Bloodstone Building, Sir John Rogerson’s Quay, Dublin 2. All references in these terms to “us”, “we”, “our”, “Kennedys Law LLP” and the like should be read as referring to Kennedys Law LLP and any successor practice. Any reference to “partner” means a member of Kennedys Law LLP or an employee or consultant who is a lawyer with equivalent standing and qualifications and should not be construed as an indication that any relationship of partnership exists between all or any of the individuals so designated or between any individual and Kennedys Law LLP.

We are a partnership regulated by the Law Society of Ireland and our registration number is F7300. Details of the professional rules which apply can be seen at www.lawsociety.ie. We maintain professional indemnity insurance in accordance with these rules. Details of the insurers and the territorial coverage of the policy are available for inspection at our registered office or on request.

3. Our Responsibilities

We will provide the services set out in the engagement letter that accompanies these terms. If there is any conflict between these terms and those contained in the engagement letter, the latter shall prevail.

In providing our services to you we will rely upon the information and instructions provided by you or by others authorised to do so on your behalf. If we are asked to provide advice in an abbreviated format or on a short timescale you will not receive all the information you might otherwise have obtained. Advice is provided in relation to a specific set of facts and as a result we do not accept any responsibility for the applicability of that advice to other situations or to other parties or for any reliance placed upon it by such parties or in such situations. We will not give advice on the tax implications of your instructions unless we specifically agree to do so in writing in advance.

We reserve the right to refuse new instructions or not to continue with existing instructions if in so doing we would be presented with a conflict of interest. We also have a professional duty to uphold the rule of law and the proper administration of justice. We must comply with our duties to the court even where this conflicts with our obligations to you.

In order to benefit and protect clients and the public we follow the Guide to Good Professional Conduct published by the Law Society of Ireland. The Guide can be found at https://www.lawsociety.ie/globalassets/documents/committees/conduct-guide.pdf.

4. Your Responsibilities

You will as far as reasonably practicable provide us with timely instructions, information and materials necessary for us to perform the services to you and promptly notify us of all material changes.

5. Client Identification

In order to comply with the anti-money laundering legislation in relation to defined work types, including work involving property transactions, buying or selling businesses, the creation/operation of corporate entities or trusts, establishing or transferring funds to onshore or offshore bank, savings or securities accounts, the receipt of funds by us into client account and the management by us of client money, securities or assets, we are obliged to ask all clients who instruct us in such matters to produce proof of identity and address and where applicable in addition to disclose to us documents verifying the trustee(s) and beneficial owner(s) of any trust and/or a list of the directors and shareholders, a copy of the certificate of incorporation and confirmation of the status of any corporate entity and/or the source of any funds.

We will be unable to accept instructions to act on your behalf if this information is not provided in full as soon as reasonably practicable after you first contact us and in any event before we accept any funds into our client account or provide any legal services.

6. Information and Confidentiality

Confidentiality

We undertake to take all reasonable steps to safeguard and maintain the confidentiality, integrity and accessibility of information entrusted to us by you. We may release information where that is necessary for the legal services that we provide to you, where it relates to the administration of our relationship with you, where we work jointly in a project with a third party or where we are required to disclose information by law or by any professional or  regulatory body. We may in certain circumstances be required by law to report to the Garda Síochána or other governmental authorities, such as the Revenue Commissioners, any evidence or suspicion we have of money laundering or crime in general. In such an event, we are prohibited from notifying the client of the fact or content of such a report.

In addition, for the purpose of legal and accounting audits, other Kennedys Law LLP
personnel or third parties may conduct audits of our records from time to time. Your files may be reviewed as part of such an exercise but we will ensure that any party carrying out such an audit signs a confidentiality agreement or is otherwise bound by similar rules of professional ethics governing client confidentiality in relation to the information. If you do not wish your files to be accessed in this way please let us know as soon as possible.

Publicity

We will not disclose the nature of the work we carry out for you without your written consent unless it is already public knowledge.

Privilege

In the event of any claim (including wasted costs proceedings) or other complaint being intimated or brought against us you will allow us to disclose and rely on all documents and information so that the court or tribunal has all relevant information available to it.

E-mail Communication

In the course of carrying out your instructions, we may communicate with you via e-mail. You should be aware that the internet is not a secure medium and we cannot guarantee the security or integrity of such communication despite the industry-standard checks we carry out on all e-mails. If you require a greater level of security, you should raise this with us at the outset.

Lien, Document Storage and Retrieval

When the present instruction is concluded we are entitled to keep all your papers and documents while there is money owing to us. Once our costs have been paid we will, unless other arrangements are specifically agreed in writing by a partner, return your original documents. We will store a set of copies for an appropriate period of at least 7 years from the date of the last bill we send you for the matter, after which we will securely destroy those records. We will not destroy deeds, wills or other legal instruments where you have asked us to deposit such documents in safe custody. If you ask us to retrieve information that involves more than merely delivering documents to you from storage, we reserve the right to charge you for the time spent and/or costs incurred.

Data Protection

You may provide personal data to Kennedys Law LLP in connection with this agreement (“Personal Data”). The Personal data may relate to you (if you are an individual), to your officers, employees and contractors (if you are an organisation) or to other individuals connected with your matter (for example, claimants, policyholders and witnesses)(“Data Subjects”).

Kennedys Law LLP will comply with our obligations in relation to the Personal Data under the General Data Protection Regulation (Regulation (EU) 2016/679) and any other applicable privacy or data protection laws (“Data Protection Laws”).

You warrant that: (a) you collected or obtained the Personal Data in accordance with the Data Protection Laws; (b) you have provided all necessary notices to, and obtained all necessary consents from, the Data Subjects in accordance with the Data Protection Laws; and (c) the disclosure of the Personal Data to Kennedys Law LLP
is permitted by the Data Protection Laws.

You must promptly notify Kennedys Law LLP
of any rectification or erasure of Personal Data or restriction of processing of Personal Data carried out in accordance with the Data Subject’s rights under any Data Protection Laws.

If you are an individual, you should review Kennedys Law LLP's Private Notice at www.kennedyslaw.com/privacy. Section 6.1 of the Privacy Notice contains specific information on how Kennedys Law LLP
processes your personal data. The key points of that Privacy Notice are:

  • We will collect personal data about you in order to provide legal and other professional services to you and for other purposes related to that purpose.
  • We may collect that personal data from you, third parties or public sources.
  • We may also use your contact details and interests to manage and develop our relationship with you and to send you communications about our services and firm events.
  • The bases for this processing are to perform our contract to provide services to you, and for Kennedys Law LLP's legitimate interests in conducting and developing its business.
  • We may disclose your personal data to our suppliers and to third parties involved in your matter.
  • We may transfer and store your data overseas and your personal data may be accessed by Kennedys Law LLP
    personnel worldwide.
  • We generally retain your personal data on a matter file for 7 years from the date of the last bill, or for longer if required by law.
  • It is mandatory to provide certain personal data to us, otherwise we may be unable to act for you.
  • You may exercise your rights to access, correct, erase, restrict or object to the processing of your personal data by contacting your regional Data Protection Officer at dataprotection@kennedyslaw.com.

You should use your best endeavours to make other Data Subjects aware of Kennedys Law LLP's Privacy Notice at  www.kennedyslaw.com/privacy. Section 6.2 of the Privacy Notice contains specific information on how Kennedys Law LLP
processes the personal data of your officers, employees and contractors; section 6.3 contains specific information on how Kennedys Law LLP processes the personal data of other individuals connected with your matter.

 

7. Copyright and Intellectual Property

We retain all copyright and intellectual property rights in all material developed, designed or created by us during the course of carrying out your instructions including systems, software, know-how, reports, written advice, drafts and working papers.

8. Fees

Unless specified in the relevant engagement letter, our fees are based upon our quoted hourly rates, the number and seniority of the individuals involved in your matter and the complexity of the work.

The rates for the individuals intended to be involved in the present matter are set out in the engagement letter accompanying these terms and will be reviewed on 1 May each year. In addition to our hourly rates, we will charge expenses, which include, but are not restricted to, counsels’, experts’ and foreign lawyers’ fees, photocopying, courier and travel charges.  In addition, unless zero-rating or an exemption applies, VAT at the then applicable rate will be charged. Our VAT number is 9511451M.

Estimates & Updates

As soon as reasonably practicable after receiving instructions, we will provide you with an initial estimate of the likely costs of completing your instructions. This estimate is not intended to be final or binding and we will update it from time-to-time. If the scope of the instructions or the underlying facts change significantly, we will update the estimate. Any estimate is based upon the assumption that the information and instructions are clear, provided in good time and that all of your key personnel are available. If delays or problems occur beyond our control this may result in additional fees being charged.

We shall also obtain a quotation and seek your instructions before engaging a barrister, expert witness or providers of other services. Further, if we become aware of a factor that may result in the legal costs being likely to be significantly greater than originally estimated, we will, as soon as is practicable, provide you with an updated estimate of costs after becoming aware of that factor.

Funding Arrangements

At the outset, we will discuss with you the funding of the likely expenditure and the options open to you including the existence of any insurance cover in your favour or fixed fees. We may ask you to provide a sum of money on account of costs and expenses at any time and on more than one occasion. The exact amount will be agreed on an individual basis for each case. When these payments are put towards your invoice, you will be sent a receipted invoice. Alternatively, we may accept a director’s guarantee for costs in the case of a limited company.

Invoices

Unless we have specifically agreed otherwise, we will submit invoices on an interim basis for services provided and expenses incurred.  Any interim invoice will not be a request for payment on account but will be the only and final invoice for our charges incurred during the period to which it relates. It may be necessary to submit a separate invoice for any expenses incurred on your behalf. Invoices are payable on the date of the invoice and we will charge you interest on all sums which remain unpaid after that period at the rate of 4% per annum.

If you are dissatisfied with any invoice, you have the right to object by way of our complaints procedure which is set out under Section 12 “Client Care” below. If you remain unhappy, you may be able to make a complaint to the Complaints and Client Relations Section of the Law Society of Ireland, George's Court, George's Lane, Dublin 7. Telephone: ++353 1 879 8700; Email: complaints@lawsociety.iev

9. Court Proceedings and Costs

In cases involving court or arbitral proceedings, the tribunal may award costs during the progress of the case and these costs are usually payable within 14 days. In such cases we will tell you immediately whether you have been ordered to pay the costs or whether they are to be paid by another party. It is important you understand that whether or not you recover some or all of your costs from another party, you remain liable to pay our costs in full. This applies during the progress of the case as well as at its conclusion.

At the conclusion of court proceedings, the court assesses the costs payable by the losing party and it is usual for the winner to be awarded a proportion, but usually not all, of their own costs. Therefore, if you are unsuccessful in any proceedings you may have to pay the other party’s costs as well as your own.

10. Client Money

The Law Society of Ireland has strict rules concerning the way we handle client money, which are to be found in the Solicitors’ Accounts Regulations 2014. We will not pay out any money to you or on your behalf until we are in possession of cleared funds. If we hold cleared funds on your behalf whilst at the same time you owe us money in any matter, we reserve the right to use such funds in settlement of our costs. If you are successful in a contentious matter and are awarded interest as well as costs, we will be entitled to retain such interest on any monies still owed to us by you.

Where you do not owe us money, we will account to you for interest earned on your money held in our general client account depending on the amount of money we hold and the length of time that we hold it. However, we will not normally account for interest of less than €100.

11. Client Care

Whilst we are confident we will provide you with an efficient and effective professional service, if you have any queries or concerns about the service you are receiving or wish to discuss how the service might be improved, please raise them in the first instance with the partner supervising your particular matter. You are entitled to and will be sent at that stage a copy of our client complaints policy. If the problem is not resolved to your satisfaction or you would prefer not to speak to the supervising member, then please write to our Professional Practices Partner.

All solicitors must attempt to resolve problems that may arise with their services. It is therefore important that you immediately raise with us any concerns you may have. We value your instruction and would wish to be told at once if you have any reason to be unhappy with us.

If for any reason we are unable to resolve the problem between us, then, should you wish to take the matter further, you may raise the matter with the Complaints and Client Relations Section of the Law Society of Ireland, George's Court, George's Lane, Dublin 7. Telephone: ++353 1 879 8700; Email: complaints@lawsociety.ie

If we have made a contract with you by electronic means you may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. This service can be found at http://ec.europa.eu/odr.

Kennedys Law LLP is committed to equality and diversity and prohibits unlawful discrimination. Our principles of non-discrimination and equality of opportunity apply to the way in which we treat employees, clients, customers, visitors, suppliers and former employees. We believe that a commitment to diversity and inclusion is essential to reflect the society in which the firm operates and to enable us to understand and meet clients’ needs more effectively and so provide a better quality service. To request a copy of our equality and diversity policy, please contact the HR Director at 25 Fenchurch Avenue, London,EC3M 5AD.

12. Contracts

Unless prior consent has been given in writing by a partner, no individual who is not a party to this contract will have the right to enforce any of its terms.

Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 if you are an individual acting for purposes which are wholly or mainly outside of your trade, business, craft or profession then you may have the right to cancel your instructions to us within fourteen calendar days of receiving this letter. You can cancel your instructions by contacting us by post or by fax. Once we have started work on your file, you may be charged if you then cancel your instructions and will be liable to pay reasonable costs. If you would like us to commence work on your file within the next seven working days then please sign these terms and conditions and return them to this office by post, fax or email.

13. Proportionality

Any damages you claim against us arising out of, or in connection with, the present instruction will be limited to that proportion of the loss or damage, including interest and costs, which is allocated to us by a court. This proportion will be allocated after taking into account any contribution to that loss or damage by any other person responsible (including any contributory liability on your part). In assessing their contribution to any loss, no account shall be taken of any limit imposed on the amount of liability of any other person.

14. Limitation of Liability

All forms of advice, information and reports we provide are confidential and are supplied solely for the purpose of the present instruction. They should not be disclosed to anyone else without our prior written consent. Save where imposed by law, we do not accept any responsibility to any third parties in relation to the matter on which we are instructed by you.

Your relationship will be solely with Kennedys Law LLP and Kennedys Law LLP will have sole legal liability for the work done for you and for any act or omission in the course of that work.

The aggregate liability of Kennedys Law LLP and any corporate holding entity of or corporate entity owned or controlled by or on behalf of Kennedys Law LLP or any of the partners, members, consultants to and employees and agents of Kennedys Law LLP in any circumstances whatsoever, whether in contract, tort, under statute or otherwise and howsoever caused (including but not limited to our negligence or non-performance) for loss or damage arising from or in connection with the services provided shall, in relation to each matter, be limited to €1,500,000 (one million, five hundred thousand euros) or such higher amount (if any) as may be expressly agreed in writing between us.

Nothing in this agreement exempts us from liability arising from fraud or from negligence resulting in death, personal injury or any other liability that cannot be limited or excluded as a matter of law.

15. Ceasing to Act

If you wish to terminate this agreement at any time please notify the supervising member and if we request confirm the position in writing. No period of notice is necessary. In a matter where we are on the court record as acting on your behalf, the consent of the court may be required before we can be removed from the record and, to that extent, your right to terminate this agreement may be restricted.

We reserve the right for good reason and on reasonable notice to terminate this agreement and this will include a situation involving a conflict of interest, the lack of instructions from you or failure to pay either any invoice within 30 days or, if requested by us, money on accounts of costs.

On early termination, either by you or by us, you will remain liable to pay all fees and expenses incurred before termination. We will be entitled to retain all of your papers and documents, until all fees or expenses have been paid.

16. Force Majeure

Neither you nor we shall be liable for any failure to perform or for any delay in performing any obligations if the failure or delay is due to causes beyond our control including but not limited to extreme weather, riot, curfew, war, terrorism, industrial action, the conduct of Garda Síochána or other official investigation or delays in providing or non-provision of Garda Síochána consent following a disclosure under the anti-money laundering legislation.

17. Jurisdiction

This agreement will be governed by and construed in accordance with the laws of Ireland and the parties submit to the exclusive jurisdiction of the courts of Ireland.

18. Severability

If a court decides that any part of this agreement between you and us is invalid, this will not affect the remaining terms of this agreement.

19. Assignment

You agree that we shall be entitled to assign, transfer, novate or sub-contract any rights or obligations under this agreement to any third party without your prior written consent.

Terms of business - Other countries

Terms of business - Australia

Data protection

You may provide personal information to Kennedys in connection with this agreement (“Personal Information”). The Personal Information may relate to you (if you are an individual), to your officers, employees and contractors (if you are an organisation) or to other individuals connected with your matter (for example, claimants, policyholders and witnesses) (“Individuals”). 

You will comply with your obligations, and Kennedys will comply with our obligations, in relation to the Personal Information under the Privacy Act 1988 (Cth) (“Privacy Act”) and any other applicable privacy or data protection laws, including in relation to the disclosure of Personal Information to the other party in connection with this agreement.

If you are an individual, you should review Kennedys’ Privacy Notice at www.kennedyslaw.com/privacy. Section 6.1 of the Privacy Notice contains specific information on how Kennedys processes your Personal Information. The key points of that Privacy Notice are:

  • we will collect Personal Information about you in order to provide legal and other professional services to you and for other purposes related to that purpose;
  • we may collect that Personal Information from you, third parties or public sources;
  • we may also use your contact details and interests to manage and develop our relationship with you and to send you communications about our services and firm events;
  • the bases for this processing are to perform our contract to provide services to you, and for Kennedys’ legitimate interests in conducting and developing its business;
  • we may disclose your Personal Information to our suppliers and to third parties involved in your matter;
  • we may transfer and store your data overseas and your Personal Information may be accessed by Kennedys personnel worldwide;
  • we generally retain your Personal Information on a matter file for 7 years from the date of the last bill, or for longer if required by law;
  • it is mandatory to provide certain Personal Information to us, otherwise we may be unable to act for you; and
  • you may exercise your rights to access, correct, erase, restrict or object to the processing of your Personal Information by contacting Kennedys’ Data Protection Officer at dataprotection@kennedyslaw.com.

Where practicable, you should direct the Individuals to review the relevant sections of Kennedys’ Privacy Notice at www.kennedyslaw.com/privacy. Section 6.2 of the Privacy Notice contains specific information on how Kennedys processes the Personal Information of your officers, employees and contractors; section 6.3 contains specific information on how Kennedys processes the Personal Information of other individuals connected with your matter.

If you are located outside Australia, you agree to comply with the Australian Privacy Principles in respect of any Personal Information that Kennedys transfers to you, where such transfer would otherwise be prohibited by the Privacy Act (an “Australian Restricted Transfer”). This clause shall not apply to an Australian Restricted Transfer unless its effect, together with other reasonably practicable compliance steps (which, to avoid doubt, do not include obtaining consents from individuals), is to allow the relevant Australian Restricted Transfer to take place without breach of the Privacy Act.

If you are located in the European Economic Area, you (as “data exporter”) and Kennedys (as “data importer”) hereby enter into the Standard Contractual Clauses in respect of any cross-border transfer of Personal Information from you to Kennedys which would otherwise be prohibited by the GDPR (a “GDPR Restricted Transfer”). The Standard Contractual Clauses shall come into effect on the commencement of the relevant GDPR Restricted Transfer. Unless otherwise agreed between the parties, the Standard Contractual Clauses will be deemed to have been completed by the parties as follows: (a) in clause II(h) of the Standard Contractual Clauses, the data importer will choose option (i); and (b) Annex B of the Standard Contractual Clauses will be completed with the appropriate details set out in Kennedys’ Privacy Notice at www.kennedyslaw.com/privacy. This clause shall not apply to a GDPR Restricted Transfer unless its effect, together with other reasonably practicable compliance steps (which, to avoid doubt, do not include obtaining consents from data subjects), is to allow the relevant GDPR Restricted Transfer to take place without breach of the GDPR. In this clause, “Standard Contractual Clauses” means the Standard contractual clauses (controller to controller transfers) (set II) approved by EC Decision 2004/915/EC, as amended replaced or superseded from time to time, including by an equivalent decision under the GDPR, and “GDPR” means the General Data Protection Regulation (Regulation (EU) 2016/679).

If you are located in any other jurisdiction which restricts cross-border transfers of Personal Information from your jurisdiction to Australia, please let us know and we will use our best endeavours to put in place arrangements to facilitate such transfers.

Terms of business - Bermuda

Data protection

You may provide personal information to Kennedys in connection with this agreement (“Personal Information”). The Personal Information may relate to you (if you are an individual), to your officers, employees and contractors (if you are an organisation) or to other individuals connected with your matter (for example, claimants, policyholders and witnesses) (“Individuals”). 

You will comply with your obligations, and Kennedys will comply with our obligations, in relation to the Personal Information under the Personal Information Protection Act 2016 (Bermuda) (“PIPA”) and any other applicable privacy or data protection laws, including in relation to the disclosure of Personal Information to the other party in connection with this agreement.

If you are an individual, you should review Kennedys’ Privacy Notice at www.kennedyslaw.com/privacy. Section 6.1 of the Privacy Notice contains specific information on how Kennedys processes your Personal Information. The key points of that Privacy Notice are:

  • we will collect Personal Information about you in order to provide legal and other professional services to you and for other purposes related to that purpose;
  • we may collect that Personal Information from you, third parties or public sources;
  • we may also use your contact details and interests to manage and develop our relationship with you and to send you communications about our services and firm events;
  • the bases for this processing are to perform our contract to provide services to you, and for Kennedys’ legitimate interests in conducting and developing its business;
  • we may disclose your Personal Information to our suppliers and to third parties involved in your matter;
  • we may transfer and store your data overseas and your Personal Information may be accessed by Kennedys personnel worldwide;
  • we generally retain your Personal Information on a matter file for 7 years from the date of the last bill, or for longer if required by law;
  • it is mandatory to provide certain Personal Information to us, otherwise we may be unable to act for you; and
  • you may exercise your rights to access, correct, erase, restrict or object to the processing of your Personal Information by contacting Kennedys’ Data Protection Officer at dataprotection@kennedyslaw.com.

Where practicable, you should direct the Individuals to review the relevant sections of Kennedys’ Privacy Notice at www.kennedyslaw.com/privacy. Section 6.2 of the Privacy Notice contains specific information on how Kennedys processes the Personal Information of your officers, employees and contractors; section 6.3 contains specific information on how Kennedys processes the Personal Information of other individuals connected with your matter.

If you are located outside Bermuda, you agree to comply with the PIPA in respect of any Personal Information that Kennedys transfers to you, where such transfer would otherwise be prohibited by the PIPA (a “PIPA Restricted Transfer”). This clause shall not apply to a PIPA Restricted Transfer unless its effect, together with other reasonably practicable compliance steps (which, to avoid doubt, do not include obtaining consents from individuals), is to allow the relevant PIPA Restricted Transfer to take place without breach of the PIPA.

If you are located in the European Economic Area, you (as “data exporter”) and Kennedys (as “data importer”) hereby enter into the Standard Contractual Clauses in respect of any cross-border transfer of Personal Information from you to Kennedys which would otherwise be prohibited by the GDPR (a “GDPR Restricted Transfer”). The Standard Contractual Clauses shall come into effect on the commencement of the relevant GDPR Restricted Transfer. Unless otherwise agreed between the parties, the Standard Contractual Clauses will be deemed to have been completed by the parties as follows: (a) in clause II(h) of the Standard Contractual Clauses, the data importer will choose option (i); and (b) Annex B of the Standard Contractual Clauses will be completed with the appropriate details set out in Kennedys’ Privacy Notice at www.kennedyslaw.com/privacy. This clause shall not apply to a GDPR Restricted Transfer unless its effect, together with other reasonably practicable compliance steps (which, to avoid doubt, do not include obtaining consents from data subjects), is to allow the relevant GDPR Restricted Transfer to take place without breach of the GDPR. In this clause, “Standard Contractual Clauses” means the Standard contractual clauses (controller to controller transfers) (set II) approved by EC Decision 2004/915/EC, as amended replaced or superseded from time to time, including by an equivalent decision under the GDPR, and “GDPR” means the General Data Protection Regulation (Regulation (EU) 2016/679).

If you are located in any other jurisdiction which restricts cross-border transfers of Personal Information from your jurisdiction to Bermuda, please let us know and we will use our best endeavours to put arrangements in place to facilitate such transfers.

Terms of business - Hong Kong

Data protection

You may provide personal data to Kennedys in connection with this agreement (“Personal Data”). The Personal Data may relate to you (if you are an individual), to your officers, employees and contractors (if you are an organisation) or to other individuals connected with your matter (for example, claimants, policyholders and witnesses) (“Data Subjects”). 

You will comply with your obligations, and Kennedys will comply with our obligations, in relation to the Personal Data under the Personal Data (Privacy) Ordinance (Cap 486 of the Laws of Hong Kong) (“PDPO”) and any other applicable privacy or data protection laws, including in relation to the disclosure of Personal Data to the other party in connection with this agreement.

If you are an individual, you should review Kennedys’ Privacy Notice at www.kennedyslaw.com/privacy. Section 6.1 of the Privacy Notice contains specific information on how Kennedys processes your personal data. The key points of that Privacy Notice are:

  • we will collect personal data about you in order to provide legal and other professional services to you and for other purposes related to that purpose;
  • we may collect that personal data from you, third parties or public sources;
  • we may also use your contact details and interests to manage and develop our relationship with you and to send you communications about our services and firm events;
  • the bases for this processing are to perform our contract to provide services to you, and for Kennedys’ legitimate interests in conducting and developing its business;
  • we may disclose your personal data to our suppliers and to third parties involved in your matter;
  • we may transfer and store your data overseas and your personal data may be accessed by Kennedys personnel worldwide;
  • we generally retain your personal data on a matter file for 7 years from the date of the last bill, or for longer if required by law;
  • it is mandatory to provide certain personal data to us, otherwise we may be unable to act for you; and
  • you may exercise your rights to access, correct, erase, restrict or object to the processing of your personal data by contacting Kennedys’ Data Protection Officer at dataprotection@kennedyslaw.com.

If you are located in the European Economic Area, you (as “data exporter”) and Kennedys (as “data importer”) hereby enter into the Standard Contractual Clauses in respect of any cross-border transfer of Personal Information from you to Kennedys which would otherwise be prohibited by the GDPR (a “GDPR Restricted Transfer”). The Standard Contractual Clauses shall come into effect on the commencement of the relevant GDPR Restricted Transfer. Unless otherwise agreed between the parties, the Standard Contractual Clauses will be deemed to have been completed by the parties as follows: (a) in clause II(h) of the Standard Contractual Clauses, the data importer will choose option (i); and (b) Annex B of the Standard Contractual Clauses will be completed with the appropriate details set out in Kennedys’ Privacy Notice at www.kennedyslaw.com/privacy. This clause shall not apply to a GDPR Restricted Transfer unless its effect, together with other reasonably practicable compliance steps (which, to avoid doubt, do not include obtaining consents from data subjects), is to allow the relevant GDPR Restricted Transfer to take place without breach of the GDPR. In this clause, “Standard Contractual Clauses” means the Standard contractual clauses (controller to controller transfers) (set II) approved by EC Decision 2004/915/EC, as amended replaced or superseded from time to time, including by an equivalent decision under the GDPR, and “GDPR” means the General Data Protection Regulation (Regulation (EU) 2016/679).

If you are located in any other jurisdiction which restricts cross-border transfers of Personal Data from your jurisdiction to Hong Kong, please let us know and we will use our best endeavours to put arrangements in place to facilitate such transfers.

Terms of business - New Zealand

Data protection

You may provide personal information to Kennedys in connection with this agreement (“Personal Information”). The Personal Information may relate to you (if you are an individual), to your officers, employees and contractors (if you are an organisation) or to other individuals connected with your matter (for example, claimants, policyholders and witnesses) (“Individuals”). 

You will comply with your obligations, and Kennedys will comply with our obligations, in relation to the Personal Information under the Privacy Act 1993 and any other applicable privacy or data protection laws, including in relation to the disclosure of Personal Information to the other party in connection with this agreement.

If you are an individual, you should review Kennedys’ Privacy Notice at www.kennedyslaw.com/privacy. Section 6.1 of the Privacy Notice contains specific information on how Kennedys processes your Personal Information. The key points of that Privacy Notice are:

  • we will collect Personal Information about you in order to provide legal and other professional services to you and for other purposes related to that purpose;
  • we may collect that Personal Information from you, third parties or public sources;
  • we may also use your contact details and interests to manage and develop our relationship with you and to send you communications about our services and firm events;
  • the bases for this processing are to perform our contract to provide services to you, and for Kennedys’ legitimate interests in conducting and developing its business;
  • we may disclose your Personal Information to our suppliers and to third parties involved in your matter;
  • we may transfer and store your data overseas and your Personal Information may be accessed by Kennedys personnel worldwide;
  • we generally retain your Personal Information on a matter file for 7 years from the date of the last bill, or for longer if required by law;
  • it is mandatory to provide certain Personal Information to us, otherwise we may be unable to act for you; and
  • you may exercise your rights to access, correct, erase, restrict or object to the processing of your Personal Information by contacting Kennedys’ Data Protection Officer at dataprotection@kennedyslaw.com.

If you are located in any other jurisdiction which restricts cross-border transfers of Personal Information from your jurisdiction to New Zealand, please let us know and we will use our best endeavours to put in place arrangements to facilitate such transfers.

Terms of business - Singapore

You may provide personal data to Kennedys in connection with this agreement (“Personal Data”). The Personal Data may relate to you (if you are an individual), to your officers, employees and contractors (if you are an organisation) or to other individuals connected with your matter (for example, claimants, policyholders and witnesses) (“Individuals”). 

You will comply with your obligations, and Kennedys will comply with our obligations, in relation to the Personal Data under the Personal Data Protection Act 2012 (“PDPA”) and any other applicable privacy or data protection laws, including in relation to the disclosure of Personal Data to the other party in connection with this agreement.

You should review Kennedys’ Privacy Notice at www.kennedyslaw.com/privacy. If you are an individual, section 6.1 of the Privacy Notice contains specific information on how Kennedys processes your personal data. Section 6.2 of the Privacy Notice contains specific information on how Kennedys processes the Personal Information of your officers, employees and contractors. Section 6.3 contains specific information on how Kennedys processes the Personal Information of other individuals connected with your matter. The key points of that Privacy Notice are:

  • we will collect personal data in order to provide legal and other professional services to you and for other purposes related to that purpose;
  • we may collect that personal data from the individual, third parties or public sources;
  • we may also use the individual’s contact details and interests to manage and develop our relationship with the individual and to send them communications about our services and firm events;
  • the bases for this processing are to perform our contract to provide services to you, and for Kennedys’ legitimate interests in conducting and developing its business;
  • we may disclose personal data to our suppliers and to third parties involved in your matter;
  • we may transfer and store the personal data overseas and the personal data may be accessed by Kennedys personnel worldwide;
  • we generally retain the personal data on a matter file for 7 years from the date of the last bill, or for longer if required by law;
  • it is mandatory to provide the personal data to us, otherwise we may be unable to act for you; and
  • the individual may exercise their rights to access, correct, erase, restrict or object to the processing of their personal data by contacting Kennedys’ Data Protection Officer at dataprotection@kennedyslaw.com.

If you are located outside Singapore, you agree to comply with the PDPA in respect of any Personal Data that Kennedys transfers to you, where such transfer would otherwise be prohibited by the PDPA (a “Singapore Restricted Transfer”). This clause shall not apply to a Singapore Restricted Transfer unless its effect, together with other reasonably practicable compliance steps (which, to avoid doubt, do not include obtaining consents from individuals), is to allow the relevant Singapore Restricted Transfer to take place without breach of the PDPA.

If you are located in the European Economic Area, you (as “data exporter”) and Kennedys (as “data importer”) hereby enter into the Standard Contractual Clauses in respect of any cross-border transfer of Personal Information from you to Kennedys which would otherwise be prohibited by the GDPR (a “GDPR Restricted Transfer”). The Standard Contractual Clauses shall come into effect on the commencement of the relevant GDPR Restricted Transfer. Unless otherwise agreed between the parties, the Standard Contractual Clauses will be deemed to have been completed by the parties as follows: (a) in clause II(h) of the Standard Contractual Clauses, the data importer will choose option (i); and (b) Annex B of the Standard Contractual Clauses will be completed with the appropriate details set out in Kennedys’ Privacy Notice at www.kennedyslaw.com/privacy. This clause shall not apply to a GDPR Restricted Transfer unless its effect, together with other reasonably practicable compliance steps (which, to avoid doubt, do not include obtaining consents from data subjects), is to allow the relevant GDPR Restricted Transfer to take place without breach of the GDPR. In this clause, “Standard Contractual Clauses” means the Standard contractual clauses (controller to controller transfers) (set II) approved by EC Decision 2004/915/EC, as amended replaced or superseded from time to time, including by an equivalent decision under the GDPR, and “GDPR” means the General Data Protection Regulation (Regulation (EU) 2016/679).

If you are located in any other jurisdiction which restricts cross-border transfers of Personal Data from your jurisdiction to Singapore, please let us know and we will use our best endeavours to put arrangements in place to facilitate such transfers.

Terms of business - Thailand

You may provide personal data to Kennedys in connection with this agreement (“Personal Data”). The Personal Data may relate to you (if you are an individual), to your officers, employees and contractors (if you are an organisation) or to other individuals connected with your matter (for example, claimants, policyholders and witnesses) (“Data Subjects”). 

You will comply with your obligations, and Kennedys will comply with our obligations, in relation to the Personal Data under any applicable privacy or data protection laws, including in relation to the disclosure of Personal Data to the other party in connection with this agreement.

You should review Kennedys’ Privacy Notice at www.kennedyslaw.com/privacy. If you are an individual, section 6.1 of the Privacy Notice contains specific information on how Kennedys processes your personal data. Section 6.2 of the Privacy Notice contains specific information on how Kennedys processes the Personal Data of your officers, employees and contractors. Section 6.3 contains specific information on how Kennedys processes the Personal Data of other individuals connected with your matter. The key points of that Privacy Notice are:

  • we will collect personal data in order to provide legal and other professional services to you and for other purposes related to that purpose;
  • we may collect that personal data from the individual, third parties or public sources;
  • we may also use the individual’s contact details and interests to manage and develop our relationship with the individual and to send them communications about our services and firm events;
  • the bases for this processing are to perform our contract to provide services to you, and for Kennedys’ legitimate interests in conducting and developing its business;
  • we may disclose personal data to our suppliers and to third parties involved in your matter;
  • we may transfer and store the personal data overseas and the personal data may be accessed by Kennedys personnel worldwide;
  • we generally retain the personal data on a matter file for 7 years from the date of the last bill, or for longer if required by law;
  • it is mandatory to provide the personal data to us, otherwise we may be unable to act for you; and 
  • the individual may exercise their rights to access, correct, erase, restrict or object to the processing of their personal data by contacting Kennedys’ Data Protection Officer at dataprotection@kennedyslaw.com.

If you are located in the European Economic Area, you (as “data exporter”) and Kennedys (as “data importer”) hereby enter into the Standard Contractual Clauses in respect of any cross-border transfer of Personal Information from you to Kennedys which would otherwise be prohibited by the GDPR (a “GDPR Restricted Transfer”). The Standard Contractual Clauses shall come into effect on the commencement of the relevant GDPR Restricted Transfer. Unless otherwise agreed between the parties, the Standard Contractual Clauses will be deemed to have been completed by the parties as follows: (a) in clause II(h) of the Standard Contractual Clauses, the data importer will choose option (i); and (b) Annex B of the Standard Contractual Clauses will be completed with the appropriate details set out in Kennedys’ Privacy Notice at www.kennedyslaw.com/privacy. This clause shall not apply to a GDPR Restricted Transfer unless its effect, together with other reasonably practicable compliance steps (which, to avoid doubt, do not include obtaining consents from data subjects), is to allow the relevant GDPR Restricted Transfer to take place without breach of the GDPR. In this clause, “Standard Contractual Clauses” means the Standard contractual clauses (controller to controller transfers) (set II) approved by EC Decision 2004/915/EC, as amended replaced or superseded from time to time, including by an equivalent decision under the GDPR, and “GDPR” means the General Data Protection Regulation (Regulation (EU) 2016/679).

If you are located in any other jurisdiction which restricts cross-border transfers of Personal Data from your jurisdiction to Thailand, please let us know and we will use our best endeavours to put arrangements in place to facilitate such transfers.