Client Agreement Policy
Client Agreement Policy
This Client Agreement Policy (“Agreement”) sets out the terms and conditions under which Refund Resolution (“we,” “us,” or “our”) will provide refund recovery services to you, the client (“you” or “the Client”). By signing a separate Service Engagement Form or otherwise indicating your acceptance of our services after receiving this Agreement, you agree to be bound by these terms.
This Agreement complements and incorporates by reference our Terms of Use, Terms of Service, Privacy Policy, and Refunds and Claims Policy, all available on our website. In the event of any conflict, the specific terms outlined in this Agreement for your engagement shall take precedence.
1. Parties to the Agreement
- Service Provider: Refund Resolution, a business based in the United Kingdom, whose details are [Your Business Address, Email, Phone].
- Client: The individual or entity identified in the accompanying Service Engagement Form, who is seeking refund recovery services.
2. Appointment and Authorisation
2.1. Appointment: The Client hereby appoints Refund Resolution as their exclusive agent and representative for the purpose of pursuing the specific refund claim(s) (“the Claim”) identified in the Service Engagement Form.
2.2. Authorisation: The Client grants Refund Resolution full authority to act on their behalf in all matters pertaining to the Claim, including but not limited to: * Communicating and negotiating with the company against whom the Claim is made (the “Opposing Party”). * Submitting all necessary documentation and information to the Opposing Party. * Receiving and reviewing all correspondence, offers, and communications from the Opposing Party. * Discussing and advising on settlement offers. * Undertaking all reasonable and necessary actions to secure a refund or compensation for the Client.
2.3. Exclusivity: During the term of this Agreement, the Client agrees not to appoint any other third party (including solicitors, other claims management companies, or similar agents) to pursue the same Claim, nor will the Client engage in direct negotiation or communication with the Opposing Party regarding the Claim without the prior written consent of Refund Resolution. This exclusivity is crucial for maintaining a consistent strategy and avoiding conflicting actions.
3. Scope of Services
3.1. Refund Resolution will provide the following services in relation to the Claim: * Initial Assessment: Evaluate the potential validity and strength of the Claim based on the information and documentation provided by the Client. * Documentation Assistance: Guide the Client on what further documentation or information is required to support the Claim. * Correspondence Management: Draft, send, and manage all written and verbal communications with the Opposing Party. * Negotiation: Engage in negotiation and dispute resolution efforts with the Opposing Party to achieve a satisfactory refund or settlement. * Progress Updates: Keep the Client informed of the significant progress and developments of the Claim. * Refund Facilitation: Facilitate the return of any successfully recovered funds to the Client.
3.2. Exclusions: Unless explicitly agreed upon in writing, Refund Resolution’s services do not include: * Providing legal advice or representation in court proceedings. * Initiating or defending against legal actions. * Recovering funds from sources other than the specified Opposing Party for the defined Claim. * Handling claims that fall outside the scope of consumer or business refund disputes as determined by Refund Resolution.
4. Client’s Responsibilities
4.1. Accuracy of Information: The Client warrants that all information, facts, and documentation provided to Refund Resolution regarding the Claim are true, accurate, complete, and not misleading. The Client acknowledges that the success of the Claim is heavily dependent on the accuracy and completeness of this information.
4.2. Cooperation: The Client agrees to fully cooperate with Refund Resolution throughout the process, including: * Responding promptly to all requests for further information, documentation, or clarification. * Notifying Refund Resolution immediately if the Opposing Party contacts the Client directly. * Notifying Refund Resolution immediately upon receipt of any refund or compensation from the Opposing Party, regardless of how it was received.
4.3. Decision Making: The Client retains the ultimate right to accept or reject any settlement offer presented by the Opposing Party. Refund Resolution will provide advice on such offers but the final decision rests solely with the Client.
5. Fees and Payment
5.1. “No Win, No Fee” Principle: Refund Resolution operates on a “No Win, No Fee” basis. This means that if we do not successfully secure a refund or compensation for your Claim, you will not be charged any service fee by Refund Resolution.
5.2. Fee Calculation: Upon successful recovery of a refund or compensation for the Claim, our service fee will be a percentage of the total amount recovered. This percentage will be clearly stated in the accompanying Service Engagement Form or otherwise agreed upon in writing.
5.3. Payment Trigger: Our fee becomes due and payable immediately upon the Client’s receipt of the refund or compensation related to the Claim.
5.4. Invoicing: Refund Resolution will issue an invoice for its services upon notification of successful recovery and receipt of funds by the Client.
5.5. Direct Receipt of Funds: The Client acknowledges that refunds may be paid directly to them by the Opposing Party. In such cases, the Client must immediately notify Refund Resolution and settle the outstanding fee as per this Agreement.
5.6. Non-Payment: If the Client fails to pay the agreed-upon fees within [e.g., 7 days] of receiving the refund and invoice, Refund Resolution reserves the right to pursue recovery of the outstanding amount, and the Client may be liable for reasonable collection costs and legal fees incurred.
6. Client Undertakings and Warranties
6.1. The Client warrants that: * They are the rightful claimant and have the authority to pursue the Claim. * The Claim is legitimate and based on facts believed to be true. * They have not received any prior refund, compensation, or settlement for the exact same Claim. * They will not engage in any fraudulent or misleading conduct in relation to the Claim.
7. Confidentiality and Data Protection
7.1. Confidentiality: All information shared by the Client with Refund Resolution in relation to the Claim will be treated as confidential, subject to the necessity of sharing relevant information with the Opposing Party and our service providers to pursue the Claim.
7.2. Data Protection: Refund Resolution will collect, process, and store your personal data in accordance with our Privacy Policy and all applicable data protection laws, including the UK General Data Protection Regulation (GDPR) and the Data Protection Act 2018. By entering into this Agreement, you consent to such processing.
8. Termination of Agreement
8.1. Termination by Client: The Client may terminate this Agreement at any time by providing written notice to Refund Resolution. * If termination occurs before any refund or settlement has been secured or offered as a direct result of Refund Resolution’s efforts, no fee will be charged, provided the termination is not made in bad faith or to avoid payment of fees for a pending or secured refund. * If termination occurs after a refund or settlement has been secured or offered, or if the Client directly receives a refund after Refund Resolution has commenced work on the Claim, the full agreed-upon fee will remain due and payable.
8.2. Termination by Refund Resolution: We may terminate this Agreement with reasonable notice if: * The Client breaches any term of this Agreement or the incorporated policies. * The Client provides false, inaccurate, or misleading information. * The Client fails to cooperate or communicate with Refund Resolution in a timely manner. * Refund Resolution determines, at its sole discretion, that the Claim lacks merit, is no longer viable, or cannot be successfully pursued. * Continuing with the Claim would be unlawful or unethical. * In the event of termination by Refund Resolution due to the Client’s breach or non-cooperation, any fees for services rendered up to the point of termination may become immediately due and payable.
9. Limitation of Liability
9.1. Our liability to you is limited as set out in our general Terms of Use. Refund Resolution shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from the provision or non-provision of services under this Agreement.
10. Governing Law and Jurisdiction
10.1. This Agreement shall be governed by and construed in accordance with the laws of England and Wales.
10.2. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, shall be subject to the exclusive jurisdiction of the courts of England and Wales.
11. Entire Agreement
11.1. This Agreement, together with the Service Engagement Form and the policies referenced herein (Terms of Use, Terms of Service, Privacy Policy, Refunds and Claims Policy), constitutes the entire agreement between the Client and Refund Resolution concerning the specific Claim. It supersedes all prior or contemporaneous communications, understandings, and agreements, whether oral or written, between the parties regarding the subject matter.
12. Severability
12.1. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and effect.
13. Amendments
13.1. Refund Resolution reserves the right to amend this Agreement from time to time. Material changes will be communicated to the Client. Continued engagement of our Services after such amendments constitutes acceptance of the new terms.