1.1. CLEX is a free online service made available to you, a client of ours (“you” or the “client”) in connection with any legal services we, National Law Partners, are providing or have provided to you subject to the terms of a letter of engagement with us (“Client Retainer”) in order to allow you on-line access to information relating to your file or case (“Matter”) including viewing your file, receiving all of your correspondence online and emailing your lawyer handling your case (“Case Handler”) directly to discuss any issues.
1.2. These CLEX Terms apply to:
1.2.1. The information, data (including personal data), software or other material available on CLEX (the “CLEX Content”) which are made available to you; and
1.2.2. Any documents, instructions or other information you upload or otherwise provide to us through CLEX (“Client Data”) in connection with the provision of legal services by us. To the extent you provide Client Data to us, this will form part of the CLEX Content in respect of your Matter.
1.3. CLEX together with the CLEX Content is provided by File Dynamics Limited for and on behalf of National Law Partners and their subsidiary and associated companies (“we”, “us”, or “our”).
1.4. These CLEX Terms, together with our Privacy and Cookies Policy and subject to the Client Retainer shall constitute an agreement between you and us and shall set out the terms upon which you may access and use CLEX.
1.5. In the event of any conflict or inconsistency between the CLEX Terms, our Privacy and Cookies Policy and the Client Retainer, such conflict or inconsistency shall be resolved in accordance with the following priority:
1.5.1. Client Retainer applies first;
1.5.2. CLEX Terms apply second; and
1.5.3. Privacy and Cookies Policy applies last.
1.6. These CLEX Terms apply at any point at which you are using CLEX. We reserve the right to change these CLEX Terms and/or our Privacy and Cookies Policy at any time and to notify you by posting an updated version of these CLEX Terms and/or our Privacy and Cookies Policy on CLEX, at which point they will become immediately effective.
1.7. Your continued use of CLEX after any changes referred to in clause 1.6 above shall constitute your consent to such changes.
2. Access to LD Extra
2.1. We will endeavour to provide continuous, functional, reliable and secure operation and access to CLEX but any such operation and access is subject to the following conditions:
2.1.1. We will use appropriate protections and systems in accordance with good industry practice to ensure CLEX is secure and virus free;
2.1.2. We cannot guarantee that CLEX will be operational, functional and free from defects and viruses in circumstances where we have taken reasonable precautions in accordance with good industry practice;
2.1.3. We cannot guarantee uninterrupted and/or reliable access to CLEX. Access to CLEX may be interrupted temporarily in the case of system failure or due to other reasons beyond our control;
2.1.4. We reserve the right to withdraw the availability of CLEX or any of the CLEX Content for reasons of maintenance or repair, system security, professional/regulatory obligations or other good cause;
2.1.5. We will endeavour to provide advance notice of any periods of scheduled downtime of CLEX by placing a notice on CLEX.
2.2. We will not charge you for using CLEX.
3. Permitted use of CLEX, CLEX Content and Client Data
3.1. You are allowed to use CLEX only in accordance with these CLEX Terms, for the purpose set out in the terms of the Client Retainer and in such a way as to comply with all applicable laws and regulations. Use is personal to you and is not for the benefit of any third parties.
3.2. You may view, download and print out CLEX Content from CLEX. We will provide all information relating to your Matter exclusively through CLEX unless you tell us otherwise or there is a legal or other need to use other means of communication. If you wish to receive CLEX Content through other means of communication, such as paper copies posted to you, please ask your Case Handler.
3.3. You may contact us through CLEX to provide Client Data such as instructions, approve documents, upload documents or other information relating to your Matter. Where you provide Client Data to us:
3.3.1. When using the Document Signing function, we will ask you to provide consent or approval to certain documents (no actual signature is required);
3.3.2. Where you provide us with your bank details, we will pay any award of compensation directly to your bank account using the bank details you have given. We will only retain a copy of your bank details in order to process the particular transaction;
3.3.3. We will accept any instructions you give us as genuine bona instructions which have been provided by you and we will proceed on the basis of such instructions unless we have reasonable cause to believe otherwise;
3.3.4. We will not expect or require you to provide the same Client Data in other formats (such as paper copies posted to us) unless we notify you of a particular need;
3.3.5. We will treat all personal data (including sensitive personal data) provided to us in accordance with the terms of the Client Retainer.
3.4. You shall only use CLEX in a manner that is consistent with these CLEX Terms and the Client Retainer and in particular you shall not or not attempt to:
3.4.1. Copy, distribute or use CLEX Content whether in electronic, hard copy or other format other than for the purpose set out in the Client Retainer;
3.4.2. Seek unauthorised access to CLEX, our network or computer system other than that which has been identified as being available to you through the password(s) notified to you, or any other area of our network or computer system;
3.4.3. Create a link to CLEX from another website or document(s) without obtaining our prior written consent;;
3.4.4. Insert or knowingly or recklessly transmit or distribute a virus, trojan horse or corrupted data into our network and computer systems;
3.4.5. Access any CLEX Content other than by using the links and searches made available on authorised access to CLEX in accordance with these CLEX Terms;
3.4.6. Circumvent any of the security safeguards;
3.4.7. Cause annoyance to other users of CLEX;
3.4.8. Corrupt any CLEX Content;
3.4.9. Assist, encourage or permit any other person to do any of the things described in clauses 3.4.1 to 3.4.8 above.
4. Passwords and problems
4.1. We shall provide you with passwords, which we may change at our discretion and without notice. The password provided is for the use of the named person only and is not transferable.
4.2. You shall keep the password confidential and you shall notify us immediately of any actual or suspected unauthorised use of your password(s), by email to email@example.com
4.3. If you believe or if there is good cause to believe that you have been granted access to CLEX by mistake, you must not download it, copy it or use it for any purpose or disclose its contents to any other person; and you must leave CLEX immediately and contact us by email at firstname.lastname@example.org
4.4. If we have notified you that you are permitted to access CLEX but you are unable to obtain access to it, please contact us by email at email@example.com
For information about the cookies used by CLEX, please consult our Cookies Policy.
6. Intellectual property rights
6.1. All copyright and all other intellectual property rights existing in CLEX and the CLEX Content (including, but not limited to, all design, text, graphics and the selection or arrangement thereof) are and remain our property subject to clause 6.2.
6.2. All copyright and all other intellectual property rights existing in Client Data are and remain your property save that we are licensed to use it for the purposes of pursuing your Matter, storing it on CLEX and to the extent we need to use it for legal and regulatory purposes.
6.3. The expression ‘copyright’ shall include the entire copyright, design right, rental right, right to authorise or prohibit lending and data right subsisting now or created at any time.
7. Links to third-party websites
7.1. CLEX may contain links to websites owned and/or operated by third parties. We make no representations or warranties as to the accuracy or completeness of any of the information appearing on such linked websites or as to the suitability or quality of any of their products or services.
7.2. The links to third party websites are provided for your information and convenience only and are not an endorsement by us of the content of such linked websites.
7.3. If you decide to link to any third party website and make use of any information contained on them and/or enter into any contract for the supply of goods or services from such third-party, you do so entirely at your own risk.
7.4. You are responsible for checking the terms and conditions of any third party websites that you may visit.
8.1. Our liability to you arising out of our provision of CLEX and your use of CLEX and the CLEX Content shall be limited as follows:
8.1.1. Our liability to you in respect of the provision of legal services to you is subject to the terms of the Client Retainer. To the extent that we are in breach of contract or breach of duty or fault or negligence or otherwise arising out of or in connection with the use of CLEX, our total liability in respect of shall be limited in accordance with the remaining provisions of this clause 8.1 and clause 8.2:
188.8.131.52. We are responsible for loss or damage you suffer that is a foreseeable result of our breach of these CLEX Terms or our negligence but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Client Retainer; and
184.108.40.206. Where our legal services to you consist of reserved legal activities, our total liability in respect of breach of contract or breach of duty or fault or negligence or otherwise arising out of or in connection with the use of CLEX shall be limited to £3 million which covers claims of any sort whatsoever (including but not limited to interest and costs). For the purpose of this clause, “reserved legal activities” means those activities that are reserved legal activities under the Legal Services Act 2007 and includes the exercise of a right of audience, the conduct of litigation, reserved instruments activities, probate activities, notarial activities and the administration of oaths; or
220.127.116.11. In all other cases, our total liability in respect of breach of contract or breach of duty or fault or negligence or otherwise arising out of or in connection with the use of CLEX shall be limited to £2 million, which covers claims of any sort whatsoever (including but not limited to interest and costs); and
8.1.2. We accept no liability for any loss or damage to the extent such loss or damage has arisen from:
18.104.22.168. Any act or omission by you;
22.214.171.124. Any event of force majeure, being any circumstances beyond our reasonable control including acts of God, fire, flood, earthquake, windstorm or other natural disaster; war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions; terrorist attack, civil war, civil commotion or riots; nuclear, chemical or biological contamination or sonic boom; fire, explosion or accidental damage; willful or criminal damage or theft by a third party; loss at sea; extreme adverse weather conditions; collapse of building structures; interruption or failure of utility service, including but not limited to electric power, gas or water; and labour disputes including but not limited to strikes, industrial action or lockouts;
126.96.36.199. Where we have acted in accordance with our regulatory or professional obligations;
188.8.131.52. In connection with your use of or reliance on any information, material, products or services contained or accessed through any websites owned or operated by third parties;
8.1.3. Our liability to you shall further be limited to that proportion of the loss or damage (including interest and costs) suffered by you which is ascribed to us by a court of competent jurisdiction allocating proportionate responsibility to us having regard to the contribution to the loss and damage in question of any other person (loss or damage having the same meaning as in the Civil Liability (Contribution) Act 1978).
8.2. Nothing in these CLEX Terms limits or excludes our liability for:
8.2.1. Death or personal injury caused by our negligence;
8.2.2. Fraud or fraudulent misrepresentation or a reckless disregard of professional obligations on our part;
8.2.3. Any other liability for which exclusion or restriction is prohibited by law, including any breach of the terms relating to satisfactory quality, fitness for purpose, description, the requirement to provide pre-contract information and the right to supply under the Consumer Rights Act 2015.
9.1. Nothing in these CLEX Terms shall establish a client and solicitor relationship between you and us save that this is not intended to interfere with the solicitor and client relationship set out in the Client Retainer.
9.2. Each of the provisions of these CLEX Terms operates separately. If any provision of these CLEX Terms is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of these CLEX Terms and the remainder of such provision shall continue in full force and effect.
9.3. Failure or delay by either party in enforcing or partially enforcing any provision of these CLEX Terms will not mean that that party has waived any of its rights under these CLEX Terms. If either party does waive a default by the other party, such waiver shall be in writing. Any waiver by a party will not mean that such party will automatically waive any later default by the other party.
9.4. The CLEX Terms form a contract between you and us. These CLEX Terms are not intended to and do not confer any rights on any third party under the Contracts (Right of Third Parties) Act 1999.
9.5. Any dispute or claim arising out of or in connection with these CLEX Terms or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law; and any such dispute or claim (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.
10. Contacting Us
10.1. In the event that you need to contact us you can do so by the following means:
10.1.1. By email to firstname.lastname@example.org or
10.1.2. If your matter is being dealt with by National Law Partners by telephone on 0800 028 8504 or by post National Law Partners, 43 Queen Square, Bristol, BS1 4QP. In the event that you are emailing or writing to us please include details of your client reference number to help us to identify you.
10.2. If we have to contact you we will use the email address or postal address that you provided to us in the Client Retainer.
10.3. Any complaints relating to your case should be addressed to the case handler at National Law Partners handling your case (which is set out in the Client Retainer). If you have any technical problems accessing CLEX, please contact us at email@example.com and we will try to resolve the issue as soon as possible.
11. Information About Us
11.1. File Dynamics Limited operates CLEX for and on behalf of Lyons Davidson Limited and/or Lyons Davidson Scotland LLP.
11.2. National Law Partners is the trading name of National Law Associates LLP, a company registered in England and Wales under company number OC417924 whose registered office is at 43 Queen Square, Bristol, BS1 4QP. Our VAT number is TBC138149461 . We are authorised and regulated by the Solicitors Regulation Authority. The SRA Code of Conduct and professional rules to which we are required to adhere are available via the SRA website www.sra.org.uk.