Terms of Business
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If you have any comments or questions about these Terms of Business please email us at [email protected] (subject line “Terms of Business”).
1.1 Welcome and useful definitions
Hello and welcome to our terms and conditions of business. Laura Brunnen (the trading name for The Legal Strategist Limited) (the “Company”, “LB”, “our”, “us” and/or “we”) is delighted to have you here, and well done as not many people get this far...!
Company”, “LB”, “our”, “us” and/or “we”
Laura Brunnen (the trading name for The Legal Strategist Limited) a limited company registered in England and Wales with the company registration number 13275690.
71-75 Shelton Street,
(the “client”, “you” and/or “your”)
The business purchasing our Services
A week day (not being a bank holiday or public holiday) when the banks in London are open for business,
A free, no obligation online session on a virtual meeting platform where we discuss your legal needs and work out if you are a good fit for the Legal Strategy Consult or Legal Consultancy service.
Laura Brunnen, the founder and director of the Company
LSC Scope Proposal
A written summary of the legal areas we will cover in your Legal Strategy Consult, should you go ahead
Your purchase of Services, made by clicking on the “Pay Now” button on the applicable Virtual Checkout page.
The Legal Clarity Session, the Legal Strategy Consult and/or the LegalEASE® Power Hour, as described on the “Work with me” page on our website, on the booking form and/or in section 3 of these Terms of Business.
An online session on a virtual meeting platform (eg Zoom)
A web page where payment for the Services can be made
1.2 Purpose of these Terms of Business
- The purpose of these terms and conditions is to record the contractual terms which apply when we agree to provide the Services to you (“Terms of Business”). They set out what you can expect from us, what we expect from you and certain other matters.
- By making a Purchase you are confirming that you agree to these Terms of Business.
1.3 Other applicable terms
- By making a Purchase you confirm that you are over 18 years old and that you are purchasing the Service in the course of your trade, business, craft or profession; and
- Laura is not acting as your solicitor in the provision of these Services.
1.4 Changes to the Terms of Business
We may change these Terms of Business from time to time and such changes are effective as soon as they are published on the website. Before you make a Purchase please check the Terms of Business which apply at that time.
1.5 Consultancy Services
These Terms of Business do not apply to the provision of any Consultancy services by the Company. Separate terms apply to those services and are supplied to prospective clients as part of the Discovery Call process.
2. PURCHASE PROCESS
2.1 No binding obligation
- When you book a free Discovery Call, this does not create a contract between us and you are under no obligation to purchase a Legal Strategy Consult.
- When we send you a LSC Scope Proposal this does not create a contact between us and we are under no obligation to provide you with the applicable Services.
2.2 Your Purchase
Your Purchase is made by clicking on a “pay now” button at the Virtual Checkout, accessed either by a link accessed via our website or in an email we send you.
2.3 Confirmation of Purchase
- When you make a Purchase you are offering to contract with us on the basis of these Terms of Business. You also warrant that you have authority to use your payment method, and have provided accurate information so we can complete your Purchase. You authorise us to charge your chosen form of payment and you release us and our third party payment processors from any claims and damages resulting from your Purchase.
- You will automatically receive a confirmation email but this does not mean that we have accepted your Purchase and it does not create a legal obligation on us to provide the Service.
2.3 Acceptance of Purchase
- We are under no obligation to accept your Purchase. We will review your Purchase and will email you to confirm if we accept it or not.
- If we accept your Purchase, we are then under a contractual obligation to provide that Service to you in accordance with these Terms of Business and will start to perform that Service.
- If we do not accept your Purchase we will pay you a full refund.
3.1 Your Sessions
- We use virtual meeting platforms to run our Discovery Calls and the consultation sessions in which we deliver the Services (“Sessions”). You will be provided with a log-in link when you book a Discovery Call or Session using our online booking system.
- Sessions can be recorded at your request and you will be sent a recording and a transcript in a reasonable period after the Session.
- At least 24 hours’ notice is required to cancel and reschedule any Session. Any rescheduled Session must take place within 14 days of the original booking otherwise you forfeit the right to that Session.
- If you cancel and reschedule a Session more than once or on less than 24 hours’ notice, you forfeit the right to that Session and are not entitled to the refund of any Fees. Any refund of Fees in this situation will be at our sole discretion.
- If you are more than 15 minutes late to a Session, we reserve the right to treat you as a no show and you will forfeit your right to that Session. If you are less than 15 minutes late, we will continue the Session but it will finish at the scheduled time and we are under no obligation to make up the shortfall in time.
3.2 Legal Clarity Session and LegalEASE® Power Hour
- 1x 30 minute Session (Legal Clarity Session) or 1x 60 minute Session (LegalEASE® Power Hour): this is designed to address a specific legal issue you may have about business law and does not extend to tax, property law or otherwise.
- We will spend time ahead of the Session to review the information you provide. Details of the legal issue you want to cover in your Legal Clarity Session or LegalEASE® Power Hour must therefore be submitted as part of the Purchase. Before the Session we may contact you for more information so we can make the most of your Session.
- After the Session:
- We will send you a video recording and a transcript (if applicable); and
- We may (at our sole discretion) offer you follow-up support via email and/or Voxer. The applicable terms and prices will be provided to you at that time and, should you decide to proceed, will be deemed to form part of these Terms of Business.
- We aim to send the deliverables to you within 3 Business Days of the Session, but failure to do so within that time frame will not be a breach of these Terms of Business.
3.3 Legal Strategy Consult
- 1x 2 hour Session: this Service is designed to help you map out a strategy for setting up your business from scratch or for growing and scaling it and/or to identify and plug any high risk legal gaps.
- If, following the Discovery Call, you confirm you are interested in going forwards, we will prepare a LSC Scope Proposal.
- The LSC Scope Proposal will set out what your Legal Strategy Consult would cover. The LSC Scope is deemed to form part of these Terms of Business in relation to that particular Legal Strategy Consult.
- After the LSC Session:
- we will send you a video recording and a transcript;
- we will provide an action plan summarising the discussion during the Session together with a list of actions to be taken and practical instructions on how to implement them; and
- we may (at our sole discretion) offer you follow-up support via email and/or Voxer. The applicable terms and prices will be provided to you at that time and, should you decide to proceed, will be deemed to form part of these Terms of Business.
- We aim to send the deliverables to you within 3 Business Days of the Session, but failure to do so within that time frame will not be a breach of these Terms of Business.
- For the avoidance of doubt, no legal agreements or policies are provided or drafted as part of this Service.
3.4 English law
All Services will be provided in relation to the laws of England and Wales only.
4. PERFORMANCE OF THE SERVICES
4.1 No solicitor-client relationship
The Services will be performed by Laura on our behalf. Laura is a qualified solicitor in England and Wales and is authorised and regulated by the Solicitors' Regulation Authority in her personal capacity under SRA ID 293414 but Laura is not acting as your solicitor in the provision of these particular Services. Further detail can be found in our Provision of Legal Services disclaimer.
4.2 Standard of care
We will perform the Services with the reasonable skill and care to be expected from a legal professional.
- We warrant to you that:
a) the performance of the Services will materially conform to the description of those Services on the website, in these Terms of Business and, where applicable, the LSC Scope Proposal; and
b) subject to your compliance with your obligations set out in section 8 below, use of any materials we provide to you in the course of performing the Services in accordance with these Terms of Business will not infringe the Intellectual Property Rights of any third party.
- All other representations, conditions, warranties or other terms which might have effect between you and us or be implied or incorporated into these Terms of Business whether by statute, common law or otherwise, are excluded to the fullest extent permitted by law.
5. PAYMENTS AND REFUNDS
- All sums are exclusive of VAT.
5.2 Upfront purchase price
- The Services are provided at a fixed purchase price, at the prices listed on the “Work with me” page on the website (the “Fees”).
- The Fees may be subject to amendment at any time, including price increases and discounts or special offers. Pricing amendments do not apply to Services which have already been paid for.
- Subject to 5.3 below, you are required to pay Fees in full for the relevant Service at the time of your Purchase.
5.3 Legal Strategy Consult Fees
- Fees for the Legal Strategy Consult are discounted if you pay in full at the time of your Purchase (as stated on the Virtual Checkout).
- We also offer a payment plan on the undiscounted Fees for the Legal Strategy Consult. These Fees can be paid in 3 equal monthly payments on the following dates (the “Payment Dates”):
a) The 1st payment is charged at the time of Purchase;
b) The 2nd payment is charged one calendar month after the Purchase; and
c) The 3rd and final payment is charged one calendar month after the 2nd payment.
- The third-party payment processor will securely store the payment information you provide at the time of your Purchase. The same payment method will then be automatically charged on the subsequent Payment Dates to make payment of the outstanding Fees.
- You authorise us to charge your debit or credit card on each of the Payment Dates and confirm that you understand it is your responsibility to ensure that your payment card has sufficient funds available to pay the applicable Fees due.
- Time for payment shall be the essence in these Terms of Business.
5.4 Late payments
- If your payment method is declined on a Payment Date and we don’t receive any outstanding Fees due under these Terms of Business within 7 days of that Payment Date then you agree to pay us interest on those overdue Fees together with administration fee of £150.
- Interest on overdue Fees under this 5.4 will be charged at the rate of 4% a year above the Barclays Bank plc base rate from time to time (but at 4% a year for any period when that base rate is below 0%), accruing daily.
- If your payment of outstanding Fees is more than 30 days late, we shall be entitled to instruct a debt collection or legal agent to seek recovery of those outstanding Fees together with our reasonable costs incurred in taking such action.
- This is without prejudice to any other legal right or remedy we may have.
- Subject to 5.2 below, once a Purchase has been accepted by us, any refunds are at our sole discretion. In circumstances where we do agree to make a refund (in full or in part), we will email you to confirm this.
- If, for whatever reason, we have to cancel and reschedule your Session, we will do our best to give you 24 hours’ notice of the cancellation, but failure to do so will not be a breach of these Terms of Business.
- Where we cancel and reschedule your Session, we will offer you a range of new time slots to choose from, with the rescheduled Session to take place within 14 days of the original booking.
- If you contact us to let us know that you cannot reschedule your Session within this 14 day period you can request:
a) a refund of Fees, which we will refund minus any amount which we deem fair and reasonable to compensate us for any work that has already been carried out in preparation for your Session and/or to deliver the Service to you; or
b) to reschedule for a different time slot outside of the 14 day period referred to in 5.5.3 above, but this is at our discretion and we may instead choose to make a full or partial refund of the Fees on the basis set out in 5.5.4(a) above.
5.6 No charge-backs
- Due to the limited circumstances in which refunds will be made, you must first contact us at [email protected] to request a refund. If you do not contact us and/or we inform you that (in line with our refund policy under these Terms of Business) we are not exercising our discretion to make a refund, you agree that you will not make (or attempt or threaten to make) a chargeback on the credit or debit card you used to pay the relevant Fees.
- In the event that you breach these Terms of Business by filing a chargeback then you agree to pay us an amount equal to that charged to us by your payment card provider, together with an administration fee of £250.
6. YOUR OBLIGATIONS
Please ensure that you provide complete and accurate details and responses to any information request(s) when you book a Discovery Call and/or make a Purchase.
6.2 Additional information and materials
Any additional information and materials provided to us ahead of any Session must be complete, accurate and up to date and supplied as quickly as possible.
6.3 Your co-operation
You agree to co-operate fully with us in the performance of the Services. This means that you will
- give us reasonable, clear and prompt instructions;
- promptly provide other information, documents and materials that we may reasonably require in order to deliver the Services to you;
- carefully review any summary we prepare about your business to confirm it is accurate and, if not, notify us as soon as possible by email at [email protected].
- be on time to all Sessions and, if being late cannot be avoided, will notify us as soon as possible by email at [email protected].
6.4 Our rights to suspend or terminate Services
- If our performance of the Services is prevented or delayed because you do not properly perform your obligations (so far as reasonably practicable) then, without prejudice to any other legal right or remedy we may have:
a) we reserve the right to suspend and/or terminate the performance of a Service unless and until you remedy the default. There will be no entitlement to a refund of Fees in these circumstances; and
b)We shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from our inability or delay to perform the Services .
7. DATA PROTECTION
8. INTELLECTUAL PROPERTY
8.1 Intellectual Property Rights
In these Terms of Business, “Intellectual Property Rights” means: patents, invention rights, copyright and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, design rights, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other Intellectual Property Rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
8.2 Our Intellectual Property Rights
- Any property or Intellectual Property Rights in any material owned by us belongs to us and you shall not cause or permit anything to endanger those rights or title, or permit, assist or encourage others to do so.
- All Intellectual Property Rights in or arising out of or in connection with the Services (other than Intellectual Property Rights in any materials you provide to us) shall be owned by us.
- We grant you a fully paid-up, worldwide, non-exclusive, royalty-free perpetual and irrevocable licence to copy and modify the materials we provide to you in the course of performing the Services, for internal use in the ordinary course of your business only. All other uses are strictly prohibited, including (without limitation) making the materials available to any third parties (whether for resale or otherwise).
- You shall shall not sub-license, assign or otherwise transfer the rights granted in 8.2.3.
8.3 Your Intellectual Property Rights
- Any property or Intellectual Property Rights in any material owned by you shall belong to you and we shall not cause or permit anything to endanger those rights or title, or permit, assist or encourage others to do so.
- You grant us a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials provided by you to us (until the termination or completion of the Services) for the purpose of providing the Services to you.
8.4 Mutual benefit
Sections 8.2 and 8.3 of these Terms of Business are subject to the right of both us and you to use any such material so far as is reasonably required to carry out or benefit from the agreed Services.
8.5 No third-party infringement
You warrant that any material, whether comprising documents, data, records or any other materials, that you provide to us does not infringe the Intellectual Property Rights of any third-party. You agree to indemnify each of us, our directors and employees and hold us harmless from and against any expenses, losses, damages and costs (including but not limited to reasonable legal costs and disbursements) or claim of any kind that may arise as a result of such an infringement.
We have the right, at our expense, to assume the exclusive defence of any claim and all negotiations for settlement and you agree to cooperate with us, in the defence of any such claim, as we may reasonably request.
8.6 Continuing obligation
The obligations under this section 8 shall continue in force after the termination or completion of the Services.
9.1 Confidential Information
In these Terms of Business, “Confidential Information” means: in respect of a particular party, all confidential and proprietary information relating to their business, operations and processes, customer and client information, counterparties, know-how, designs, trade secrets, ideas, plans and/or intentions and other information not in the public domain.
9.2 Mutual confidentiality obligation
We and you will each use our best endeavours to keep confidential any Confidential Information relating to the other that is provided or otherwise accessed in the performance of the Services. Neither of us shall disclose any Confidential Information without the consent of the other, except to comply with an order of a court of competent jurisdiction or if required in connection with legal proceedings relating to these Terms of Business.
The obligations under this section 9 shall continue in force after the termination or completion of the Services unless or until the information concerned becomes public knowledge or is otherwise in the public domain through no fault of ours or yours (as the case may be) bound to keep it confidential under this clause.
9.3 Exclusions to the obligation
- The obligation in 9.2 above does not apply to any information that is in (or subsequently enters) the public domain, was already known to us or is disclosed to us by a third party entitled to do so with breaching their obligations to you..
- We may disclose your Confidential information:
a) to our directors, employees and agents who need to know such Confidential Information for the purposes of performing the Services. We shall ensure that such persons to whom your Confidential Information is disclosed comply with this section 9 of the Terms of Business; and
b) as as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
- We will anonymise such Content derived from our performance of the Services (that is, not use your full name or photography) if:
a) (acting reasonably) we consider it would be a breach of our confidentiality obligations to identify you (unless you give us specific written consent to use the Content); or
b) you generally withdraw your consent for us to identify you in relation to that Content.
For the avoidance of doubt, in these circumstances we will be be permitted to continue using the Content on an anonymised basis.
10.1 Company liability
- We assume liability for and are fully and exclusively responsible for the Services provided by Laura on our behalf.
- There is no contract between you and Laura. Any advice given to (or other work done for) you by Laura in performance of the Services is given (or done) by her on our behalf and not in her individual capacity and she does not assume any personal responsibility to you for the Services performed.
- You agree that, (but only to the extent permitted under any applicable law), if, as a matter of law, a duty of care, or any other duty, liability or obligation would otherwise be owed to you by Laura personally, that duty is excluded.
- You agree that you will not bring any claim, whether on the basis of breach of contract, tort (including, but not limited to, negligence), breach of statutory duty or any other basis against Laura relating to any loss or damage that you or any person or company associated with you suffer or incur, directly or indirectly, in connection with the Services performed.
- All correspondence and other communications sent to you in the course of providing Services is to be treated for all purposes as having been sent on behalf of us.
10.2 Exclusions of liability
- Nothing in these Terms of Business seeks to limit our liability for fraudulent acts or omissions, death or personal injury caused in connection with the provision of the Services or the terms implied by section 2 of the Supply of Goods and Services Act 1982, whether arising in contract, negligence, tort, breach of statutory duty or otherwise.
- Neither we nor you shall be liable to the other whether in contract, negligence, tort, breach of statutory duty or otherwise for any loss or damage sustained by the other indirectly or consequentially and including but not limited to economic loss or loss of profits, goodwill or business in general.
10.3 Limits on liability
- Subject to 10.2.1, our total liability to you will not, in any circumstances, exceed the total amount of the Fees (excluding VAT) actually paid by you in respect of the Services giving rise to the relevant liability. You agree and acknowledge that this term is fair and reasonable given the nature of the Services
- We will not be liable to you for losses and expenses that may be incurred by you as a result of your breach of these Terms of Business.
- You acknowledge and agree that, subject to the remaining provisions of these Terms of Business, your sole remedy (to the maximum extent permitted by law) against us for any losses shall be a claim for breach of contract, and all other remedies in tort (including negligence), breach of statutory duty or otherwise are excluded to the maximum extent permitted by law.
- We have given commitments as to compliance of the Services with the relevant specifications in section 4 above. In view of these commitments, the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from these Terms of Business.
- Unless you notify us that you intend to make a claim in respect of an event within the notice period, we shall have no liability for that event. The notice period for an event shall start on the day on which you became, (or ought reasonably to have become), aware of the event having occurred and shall expire 6 months from that date. Any notice of claim must be in writing and identify the event and the grounds for the claim in reasonable detail. The notice should be sent to us at our registered office and emailed to [email protected].
- The provisions under this section 10 shall continue in force after the termination or completion of the Services.
11. NO AGENCY OR PARTNERSHIP
Nothing in these Terms of Business is intended to or does imply any partnership, fiduciary relationship, joint venture, agency or any other relationship between us and you, constitute either party as the agent of the other, or authorise either party to make or enter into commitments for or on behalf of the other.
12. ENTIRE AGREEMENT
12.1 Entire agreement
12.2 No reliance
You acknowledge that you have not relied on any statement, promise, assurance or warranty given by or on behalf of us which is not set out in these Terms of Business and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms of Business.
Nothing in this provision shall limit or exclude any liability for fraud.
If any provision or part-provision of these Terms of Business is found by a court of competent jurisdiction invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Terms of Business and all other provisions shall remain in full force and effect.
13.2 Commercial intention
If any provision or part-provision of these Terms of Business is deleted under this section 13, the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, gives effect to the commercial intention of the parties.
14. VARIATION AND WAIVER
14.1 No variation
Following our acceptance of your Purchase in accordance with section 2.3 above, no variation of these Terms of Business as they apply to that Purchase will be valid unless it is in writing and signed by or on behalf of each of us and you.
- A waiver of any right or remedy under the Terms of Business or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.
- The failure to exercise, or delay in exercising, a right or remedy under these Terms of Business shall not constitute a waiver of the right or remedy, or a waiver of any other rights or remedies.
- The partial or sole use of any rights or powers provided by these Terms of Business shall not prevent any additional use of the same rights or powers.
- The rights, powers and remedies in these Terms of Business are additional to the rights granted.
15. FORCE MAJEURE
We shall not be liable or responsible to you, nor be deemed to have defaulted or breached these terms of Business, for any failure or delay in fulfilling or performing any term of these Terms of Business when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
You may not assign, transfer, sub-contract, or otherwise deal with any of your rights and/or obligations under these Terms of Business without our prior written consent.
17. THIRD PARTY RIGHTS
These Terms of Business are made between you and us and no other person shall have any rights to enforce any of the provisions of these Terms of Business, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise, provided always that the provisions of 8.5 and 10.1 are for the benefit of Laura, our directors and/or our employees, as the case may be, and each such person shall be entitled to assert and enforce those provisions directly as though they are us. We do not need the consent of any third party to terminate these Terms or vary any provisions thereof.
18. DISPUTES AND NON-DISPARAGEMENT
We take client satisfaction seriously and want you to be delighted with the quality of the service you receive from us. Please raise any issues with us as soon as possible by emailing [email protected] and give us an opportunity to address any concerns.
You agree that you will not (and, where applicable, will ensure that your directors, employees and agents do not) do or say anything (in writing or orally) which is (or is intended to be) disparaging, deleterious or damaging to the integrity, reputation or good will of us, our directors, employees and agents and/or lead to unfavourable or unwanted publicity. You further agree that you will not encourage third parties to do the same.
The provisions under this section 18 shall continue in force after the termination or completion of the Services.
19. GOVERNING LAW AND JURISDICTION
These Terms of Business, and any dispute or claim arising out of or in connection with them (including any dispute or claim relating to non-contractual obligations), shall be governed by, and construed in accordance with, English law.
The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms (including any non-contractual disputes or claims).
Last updated: 4 January 2022