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CROWN COPYRIGHT CLAIMS RECOVERY

CROWN COPYRIGHT CLAIMS RECOVERY
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TERMS AND CONDITIONS


These are draft sample terms only and neither Crown Copyright Claims Recovery or its clients will be bound by these terms. Clients should refer to the agreed T&C's in conjunction with the Engagement Letter



  1. Here and after Crown Copyright Claims Recovery, a trading style of The Goldman Organisation, owned and operated by Clive Goldman, will be known as the Agency, while the instructing entity utilising the service, will be known as the Client.


  2. Once a damages claim resulting from copyright infringement is submitted to the Agency by the Client by whatever means, electronically or otherwise, the Agency is authorised to enforce copyright license and otherwise to make a pre-action claim in damages on behalf of the Client. This is a binding contract between the Agency and the Client, and these Terms and Conditions are to be complied with in all stages of the pre action claim, negotiation and settlement.


  3. While effort is made by the Agency to recover damages for infringement on behalf of the Client, no guarantee can be made, express or implied, that such money will be paid.


  4. The Agency shall be indemnified by the Client for any actions taken by itself, the debtor or its agents after contracting the Agency to act on its behalf. If any actions prejudice the Agency's ability to collect by interfering with the negotiation, or collection process, the Agency reserves the right to charge such commissions or fees that would be due as if the damages were collected in its entirety.


  5. The Client must not make any communication with the defendant after the infringement claim is issued by the Agency, save as herein provided or as expressly directed by the Agency, as this is liable to prejudice the Agency's ability to collect. If the debtor attempts to contact the Client, the Client must immediately revert the defendant directly to the Agency as their Representatives in this matter, without discussing the matter at all with the defendant.


  6. Once the Agency has been instructed, all monies collected, whether paid to the Agency or client, and irrespective of the source, are subject to commission and fees at the rate set out in our Engagement Letter relating thereto, unless the Agency has terminated the instruction or advised the Client that it cannot recover damages.


  7. Commission will only be taken by the Agency as a percentage of the recovered amount and not as a percentage of the total damages claim submitted.


  8. The minimum commission charge, subject to any other amount as specified in our Letter of Engagement, on any monies which are collected or paid to the client is £100. E.g if the damages recovered is £500 and the commission rate is 15%, the commission to be paid to the Agency will be £100 as opposed to £75.


  9. The Agency will attempt to recover within a reasonable and timely manner, however, as each case is individual, the time for the Agency to perform any obligation under the contract shall not be the essence of the contract.


  10. Payments, if collected in full, or as a full and final payment, will be remitted to the Client at the end of the month, following the month of collection of the damages providing the funds have cleared.


  11. The Agency reserves the right to accept settlement of damages by installments where necessary and where such installments are received each receipt is subject to the commission and fees as set out in the Engagement Letter, save that calculation will also be made for the total amount received to date and account being taken on any prior invoicing by the Agency to the client.


  12. Once the Agency has been authorised to act on the Client's behalf, if the damages claim is withdrawn by the Client prior to the Agency recommending termination of action, or where due to lack of requested information or cooperation from the Client, the account has to be returned to the Client, this is subject to charge at the stated commission rates set out in the Engagement Letter. We reserve the right to not work on any infringement claim.


  13. Any additional services requested by the Client or to any associate of the Agency is chargeable to the Client, at the agreed rates set out in the Engagement Letter.


  14. Foreign rates apply to Ireland, or to debtors or clients based outside the United Kingdom.


  15. All invoices are rendered for settlement by the client within 7 days from the date of invoice. Unsettled accounts will be subject to The Late Payment of Commercial Debts (Interest) Act 1998 in respect of business clients and the same rate will be applied (currently 8.5%pa) in respect of personal client until paid in full.


  16. Where a cheque is made payable and banked by the Client due to the Agency's collection procedures fails to clear through the bank and is invoiced, a credit will only be raised when notification in writing is given by the Client to the Agency within 7 days of the cheque being returned from the bank.


  17. All part payments, which require constant monitoring, are not normally paid to the Client until the overall debt is paid in full, however interim payments may be made to the Client at the discretion of the Agency. The occasional debts which have to be collected in installments and need constant monitoring to retrieve re-payments may be subject to an extra commission.


  18. The Agency is authorised to accept full and final settlements on behalf of the Client should the Agency believe that they have negotiated a reasonable settlement figure and is in the Client's best interest to accept.


  19. The Client must inform the Agency if the defendant attempts to make contact with the Client, if there is any news regarding the claim in damages or if any payment is received direct so that the Agency does not pursue the defendant unnecessarily. If the Agency pursues a claim in damages unnecessarily, the Client may incur additional fees charged at our current hourly rate at the discretion of the Agency.


  20. The Agency is authorised to receive cheques on behalf of its Client and to bank any cheques or receive any monies made payable to the Agency. In the case of cheques received, the Agency must allow 14 calender days for cheque clearance and thereafter will account to the Client for such monies less any monies outstanding on its own accounts with the Client.


  21. The Agency may recommend litigation to the Client. The Client is under no obligation to do so. Where the Client agrees to proceed to the litigation stage, it will give such permission in writing. Monies receive in litigation stage are subject to commission and fees.


  22. The correspondence, emails, phone calls, faxes received and sent by The Agency remain the property of the Agency and no obligation exists to supply any copies of any documentation to the Client.


  23. All amounts stated herein and on the Engagement Letter are subject to the addition of applicable Value Added Tax.



Limitations Of Liability:

  1. All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded to the extent applicable under UK law, subject always to sub clause 2


  2. Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.


  3. The total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by the Client in respect of that part of the Services which are the subject of any such claim.


  4. In any event no claim shall be brought unless the Client have notified the Agency of the claim within one month of it arising.


  5. In no event shall the Agency be liable to the Client for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.



A7154 21/10/2014 Rev 3



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THE GOLDMAN ORGANISATION

Beechwood House
36 Tretawn Gardens
London NW7 4NR

e-mail: clive@cgoldman.com



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