Terms and Conditions
These pages list Terms & Conditions for The Dispute Mediation Consultancy LLP (DMC) website
Liability for Fees
1) Unless agreement is reached to the contrary, the arrangement fee & professional mediation fee, together with any other expenses, will be borne equally between the parties.
2) Responsibility for the fee rests with the instructing Solicitors (or individuals directly if no solicitors involvement). The Dispute Mediation Consultancy recommend that the instructing solicitors retain sufficient money on account to cover fees and expenses that may become chargable by DMC.
3) Details will be given in the Letter of Appointment. However, in most mediation instructions, two invoices will be issued:
(i) Deposit invoice: detailing the arrangement fee and costs of the initial scheduled period [or fixed fee] and venue costs (if any);
(ii) Balancing invoice: any additional mediation fee and expenses (including extra mediation time, refreshment, travel costs etc).
4) The Dispute Mediation Consultancy Deposit invoice (see 3(i) above) is payable, in full, upon receipt and no later than seven working days in advance of the mediation, as a precondition to the mediation taking place.
5) Where a The Dispute Mediation Consultancy deposit invoice is not settled in full prior to the mediation, The Dispute Mediation Consultancy may allow the mediation to proceed subject to the instructing solicitor undertaking in writing to settle the full amount of the invoice, if still unpaid by the client, within 14 days of the date of the mediation.
6) All other The Dispute Mediation Consultancy invoices (including the balancing invoice referred to in 3 (ii) above) are payable in full within 14 days of the date of issue, unless agreement is reached to the contrary.
7) The Dispute Mediation Consultancy reserve the right to charge interest on late payment of invoices compounded quarterly from the due date of payment accruing daily at the rate of 15%.
8) In certain instances, postponement of mediation is inevitable. No cancellation fee will apply to a postponed mediation, other than any irrecoverable expenses (e.g. venue cancellation fees).
9)The Dispute Mediation Consultancy will levy a fee to cover costs where a mediation is cancelled which will be as follows;
(i) cancellation 5 or more working days before the mediation was due to take place: no mediation fee shall be payable other than the standard arrangement fee and any irrecoverable expenses (such as venue costs etc) incurred.
(ii) cancellation 3-4 working days before mediation was due to take place: the standard arrangement fee plus 25% of the agreed professional mediation daily rate fee shall be payable in addition to the irrecoverable expenses (such as venue costs etc) incurred.
(iii) cancellation 3 working days before mediation was due to take place: the standard arrangement fee plus 50% of the agreed professional mediation daily rate fee plus the fees for any preparation time actually spent by the mediator shall be payable in addition to the irrecoverable expenses (such as venue costs etc) incurred.
(iv) Where a cancellation is made within 48 hours of the mediation date (excluding Saturday, Sunday and public holidays): the full agreed fees will be payable in addition to the irrecoverable expenses (such as venue costs etc) incurred.
Complaints handling procedure
10. DMC operates a 'Complaints handling procedure (CHP)' in compliance with RICS rules of conduct.
10.1 The Dispute Mediation Consultancy LLP has a two stage complaint handling procedure process as follows:
- Any client complaint will be consered by a senior member of the partnership;
- If any complaint can not be resolved, the complaint will be refered to an independant third party with authority to award redress.
10.2 An RICS approved list of redress providers can be found at www.rics.org/newregulation
10.3 Any complaint will be acknowledged in a timely manner and a full response or update will be given within 28 days.
Use of Website service
12. Disclaimer and limitation of liability
12.1 You agree that your use of the Service is on an "as is" and "as available" basis. Any information is placed on the Site(s) without any guarantees, conditions or warranties as to its content or accuracy and use of the Site(s) and Services is at your sole risk. However, DMC does not, and nothing in these terms and conditions shall act to, exclude or limit The DMCs' liability for death or personal injury resulting from its negligence, fraud or any other liability which may not by applicable law be excluded or limited. Your statutory rights as a consumer are not affected by any of these terms.
12.2 Subject to clause 3.1, in no event shall DMC be liable (whether for breach of contract, negligence or for any other reason) for any direct, indirect or consequential loss or damage, foreseeable or otherwise, that may arise as a result of, but not limited to the following:
(a) use of the Site(s) (including the transmission of any harmful material or viruses),
(b) the Site(s) being unavailable at any time or for any period,
(c) the information posted on the Site(s) or any use of it or reliance thereon, whether the information is posted by you or by any other user, or
12.3 For the avoidance of doubt, any such loss or damage shall include but not be limited to loss of salary, loss of profits, exemplary or special damages, loss of sales, loss of revenue, loss of goodwill, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, software or data, loss of or waste of management or other staff time, or for any indirect, consequential or special loss, however arising.
12.4 Subject to clauses 3.1 and without prejudice to the above, The DMCs' aggregate liability to you at any time whether in contract, tort or otherwise shall be limited to £500 (five hundred pounds).
12.5 DMC will not be liable to you for any breach of these terms and conditions which arises because of any circumstances which DMC cannot reasonably be expected to control to include the Site(s) being unavailable for any period of time.
12.6 You agree to fully and effectively indemnify DMC for all claims which may be brought against DMC arising out of or in connection with your use of the Site(s), any breach of these terms or any infringement of any third party's intellectual property rights.
13. Suspension, modification and termination of Service
13.1 DMC may change the format and content of the Site(s) and/or the Services from time to time. You should refresh your browser each time you visit the Site(s) to ensure that you download the most up to date version of the Site(s).
13.2 DMC reserves the right to amend or withdraw the service provided on the Site(s) without notice and/or to restrict access to some parts of the Site(s) or the entire Site(s) to users.
13.3 You acknowledge that there may be periods where access to or use of the Site(s) or pages linked to it may be limited or impossible due to changes effected to the Site(s) by way of ongoing development and improvement.
13.4 DMC reserves the right to remove, refuse to post or to edit any information or materials or postings on the Site(s) or require the same to be modified, to block your access to the Site(s) and to take such other action as may be reasonably necessary to prevent any breach of these terms and conditions or any breach of applicable law or regulation.
13.5 DMC may terminate the Services immediately in the event you breach any of these terms and conditions and you must, at our request, return or destroy copies of any materials made. In such circumstances, any fees paid by you for use of the Services shall be forfeited.
Acknowledgement - RICS