TERMS AND CONDITIONS applicable for the relevant Engagement. 1. INTRODUCTION 1.6 The “Client” and "you" refers to the 1.1 These terms and conditions of client or clients purchasing services business ("T&Cs") apply to clients of from us. Advocate Carl Geoffrey Parslow (and his partners) trading as Parslows, 1.7 The “Engagement” is as defined in Parslows , and Parslows either the Retainer Letter and or the Notaries, Parslows Executors Limited Schedule. trading as Parslows Wills & Probate and/or Parslows International 1.8 The “Retainer Letter” is the letter Limited trading as Parslows provided to the Client in relation to International in respect of any legal the provision of Legal Services and the professional services and/or advice “Schedule” provides specific details of and/or notarial services and/or other the Engagement. services provided by us that we are asked to provide and/or arrange 1.9 If there is any inconsistency between ("Legal Services"). the detail in the Retainer Letter, the Schedule and or the T&Cs, the detail 1.2 The T&Cs and any related Retainer on the Schedule will prevail. Letter and Schedule explain the basis upon which we accept instructions 2. BASIS OF THE RETAINER and charge for Legal Services. 2.1 We contract with you for the provision 1.3 These T&Cs the Retainer Letter and of Legal Services on the basis of the Schedule shall together constitute the T&Cs, the Retainer Letter and the contract for the provision of Legal Schedule only and acceptance by us of Services in relation to any any instructions from a Client shall be Engagement. upon such T&Cs, Retainer Letter and Schedule and shall override any other 1.4 These T&Cs apply to all Legal Services terms and conditions stipulated or provided by us and supersede and incorporated by its Client(s) in their replace all T&Cs in relation to Legal instructions or in any negotiations. No Services previously in force. variation or representation will be binding on us unless specifically 1.5 In these terms “Parslows”, "we", "us" confirmed in writing by one of our and “our” refer to Advocate Carl partners or directors. Geoffrey Parslow (and his partners) trading as Parslows, Parslows Jersey, 2.2 We are not and do not hold ourselves Parslows Notaries, Parslows Executors out as being experts in or have Limited trading as Parslows Wills & knowledge of the laws or regulations Probate and/or Parslows International of any jurisdiction other than Jersey, Limited trading as Parslows and, if specified in the International and/or any service Retainer Letter or Schedule, England company and/or business owned and Wales and Southern Ireland. and/or controlled by Advocate Carl Geoffrey Parslow (and his partners) and/or any successor practice as

3. OBJECTIVES Fixed Fee/ quote

3.1 Our aim is to provide you with cost 4.6 In cases where it is more appropriate effective, high quality, and efficient for us to agree a fixed fee / quote with legal services. its Client this will be stipulated in the Retainer Letter. The fixed fee / quote 4. FINANCIALS will not be inclusive of disbursements / third party costs. Fees 4.7 Please note that a fixed fee / quote 4.1 Depending on the nature of the will be conditional upon there being Engagement we will charge for Legal no material or unforeseen changes of Services in relation to the Engagement instruction or circumstances and that either on a time spent basis or a fixed we do not encounter complex legal or fee. The type of charge will be set out other issues. Estimates / quotes are in the Retainer Letter or Schedule. always provided on the strict understanding that they are subject to Time spent basis revision and do not constitute a legal commitment by us to carry out the 4.2 Time based fees will be charged at Engagement at the estimated fee/ varying rates depending on the nature quote - we reserve the right to of the work and the fee earner increase our fixed fee / quote. undertaking such work. These rates may be changed from time to time. 4.8 It is not always possible to provide a fixed cost / quote for litigious matters. 4.3 The rate will depend on a number of We will, however, endeavour to factors including but not limited to the provide you with an indication of costs complexity of the Engagement, its upon request. importance and urgency and whether you are a business or private Additional individual. 4.9 All estimates or quotations given by us 4.4 Time spent is charged in units of 10 are given exclusive of disbursements minutes. Charged time will include and of any goods and services tax, but not be limited to time spent in value added tax or any other similar conducting regulatory and customer applicable tax from time to time in due diligence procedures, force unless otherwise expressly administration and travelling to or stated in the Retainer Letter. We will from any meetings. add the relevant tax to our charges and disbursements when your invoice 4.5 Where we deem it necessary for more is issued. than one fee earner to work on a matter, including but not limited to 4.10 Please note that we reserve the right preparing or researching, attending to charge you for time spent by fee meetings, court appearances or earners / support staff on issues of suchlike, we reserve the right to and incidental to your matter charge the full amount of time taken including but not limited to credit by all such fee earners. control, recovery of costs from opponents and or third parties, non- office administration, maintenance

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and drawing up of accounts, a matter. Payments on account will safekeeping of documents, almost always be required in matters compliance and any other regulatory of a litigious or contentious nature. issues. Payment terms Disbursements 4.17 All fees and disbursements will be due 4.11 All disbursements made on your (without any right of set off) for behalf (including but not limited to settlement in sterling immediately company searches, court fees, travel upon presentation of our invoice. expenses, charges for document production, phone calls, photocopying 4.18 If you have a concern relating to either and facsimiles) will be charged on the fees and or disbursements you have next bill sent to you (or if you are in 15 days from the date of the invoice payment default as a claim against upon which to notify us. Thereafter if you) although we reserve the right to we have not received such notice you require payments in advance for irrevocably agree that your invoice significant disbursements which are will be due and owing without further likely to arise. recourse.

4.12 In property related transactions we 4.19 Interest at the rate of 8% per month may require payment of search letter above base rate will be added to all and other related property fees and disbursements which remain disbursements on account. outstanding for more than 15 days from the invoice date. 4.13 It is drawn to your attention that once disbursements have been paid it will 4.20 If we hold monies in a client account not be possible to recover such (whether as a result of a request for payment notwithstanding whether monies to be held on account of the Engagement completes or not. future fees and disbursements or not) then you agree and accept that we 4.14 It is drawn to your attention that a may settle (or part settle) any invoices charge is made for printing and for fees and disbursements out of any scanning of documents relating to such monies held in the client account your matter. We may also charge a as soon as the invoice has been fee for compliance including but not rendered and drawn to your limited to ‘know your client’ ‘KYC’ attention. requirements. We reserve the right to amend these charges from time to Cessation of legal services where invoice not time. paid

Billing policy 4.21 Where fees and/or disbursements remain outstanding for more than 15 4.15 We will endeavour to issue bills on an days from their invoice date we interim basis at least every month or reserve the right to stop providing at completion of a transaction if Legal Services until all outstanding earlier. fees and/or disbursements and/or interest upon such outstanding fees/ 4.16 We also reserve the right to request disbursements have been settled in payments on account of future fees full and an amount has been received and third party costs to be incurred in

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on account of future fees and damages, liabilities, claims, costs and disbursements. expenses howsoever arising from any insolvency, including without 4.22 In such circumstances we will not limitation, the loss of any or all of the answer any correspondence or attend monies held by any bank in which a to any matters whatsoever which may client account is held. need to be attended to on your behalf in relation to the Legal Services Tax on interest (notwithstanding that they may be imperative to the Engagement and/or 4.26 The European Savings Tax Directive any prescript or limitation period) and applies to payments of interest made you expressly agree and accept that by a paying agent resident in Jersey to we shall not incur any liability an EU resident individual taxpayer. whatsoever as a result of our stopping to provide Legal Services in these 4.27 For the purpose of our Client due circumstances. diligence procedures, in order to determine whether a person is an EU Client Account resident individual taxpayer, we may require you to provide us with your 4.23 We will hold monies paid to us on your tax identification number of the behalf in connection with the country of tax residence or suitable Engagement in the client account. alternative confirmation regarding These monies will be held to your your country of tax residence. order or as instructed by you but, subject to our billing policy, will only 4.28 Where we are a paying agent and have be paid away on your express written to pay interest to an EU resident instructions and subject to our having individual taxpayer, we will be satisfied all regulatory requirements required to retain the appropriate and all taxation requirements in amount of tax from any interest respect of monies so held. payments made and account for the amount but without disclosing any Interest identities to the taxation authorities in Jersey (for onward transmission of the 4.24 Monies held in a client account on amount to the taxpayer's country of your behalf may earn interest which tax residence). If the individual elects will be calculated and accrued in to allow disclosure of his identity the accordance with the Law Society of interest is paid gross and free of any Jersey Code of Conduct applying at the retention. material time(s). 4.29 Interest paid to Jersey residents or Bank transfer obligations otherwise will be paid without deduction of tax. It is your express 4.25 It is not our responsibility to comply responsibility to declare such sums to with any reporting requirements the Comptroller of income tax or which may arise in relation to the other such relevant tax authority and receipt of interest on monies held in you agree to hold us harmless and to the clients' account. We shall not be indemnify us from any unpaid tax, responsible for seeking or undertaking costs and or charges. any due diligence on any bank's financial position. Furthermore we shall not be liable for any losses,

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Outstanding fees and disbursements required to do anything which may give rise to any risk of criminal or civil 4.30 In cases where you fail neglect or liability or prosecution in any part of refuse to pay outstanding fees and or the world. disbursements within the time periods set out in our T&Cs you shall Confidentiality be and herewith agree to be liable for all fees and or disbursements incurred 5.4 All information and documents by Parslows and or our agents, concerning the matter in respect of servants or contractors of and which we are requested to provide incidental to any debt collection Legal Services in relation to the action we take against you whether Engagement and any transaction or such action proceeds to court or not. matter involving you shall be kept confidential unless: 5. THE LEGAL SERVICES (i) you authorise us to disclose Fee earners responsible for your work such to a third party; or

5.1 We reserve the right at any time to (ii) the information is already in delegate work to lawyers, staff the public domain; or members, consultants or other agents appropriate, by qualification or (iii) it is necessary to provide such experience, to undertake the work information and concerned whether or not their name documentation to a third and or charge out rate appears on the party advisor for advice in retainer letter. respect of your Engagement; or Provision of information (iv) we are obligated to disclose 5.2 We shall provide the Legal Services in information under the laws relation to the Engagement on the and regulations of Jersey (or condition that you provide us with all any other applicable relevant information (including jurisdiction) or by order of electronically held information) and the Jersey courts or tribunals documents and keep us informed of or any other courts of any material changes in your competent jurisdiction or the instructions, knowledge and/or failure to make such circumstances and/or any other disclosure would, in our matter having a bearing on the opinion, be prejudicial to us, matter. our partners, directors, employees, consultants or 5.3 We shall not do anything or be any agents; or required to do anything which in our opinion may conflict with the laws and (v) where we are defending a regulations of Jersey (or any other claim made by you against us applicable jurisdiction) or the terms of and in such case by accepting any permits, consents, licences or these T&Cs you waive your applicable codes of practice made rights to privilege (of thereunder by any competent whatsoever nature) in authority in Jersey (or any other respect of any disclosure of applicable jurisdiction) nor shall we be information as set out above.

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you maintain lines of communication Client obligations with the other joint parties. It is expressly agreed by you that there will 5.5 While we have duties and be no rights of confidentiality responsibilities in relation to provision between such persons or of Legal Services for the Engagement, representatives so that all information you shall retain responsibility and and documents can be shared with accountability for: any one of you.

 the management, conduct 5.7 In circumstances where you decide and operation of your that it is not appropriate for us to business and your affairs; continue acting for joint clients or where there is a difference of opinion  deciding on your use of, between joint clients you must notify choosing to what extent you us in writing as soon as possible. In wish to rely on, or such cases we reserve the right to implementing advice or cease acting for both or all such recommendations or other persons or companies. products of the Legal Services supplied by us; Working for other clients

 making any decision affecting 5.8 Our agreement to provide Legal the Engagement, your Services to a particular client shall not interests and your affairs; be treated as meaning that we shall not provide similar services to other  the delivery, achievement or clients, including in connected realisation of any benefits matters, or as preventing us from directly or indirectly related acting against one client for which we to the Engagement which may already be providing Legal require implementation by Services in another matter. We you; reserve the right to provide Legal Services to other clients at our  the disclosure of all relevant discretion. correspondence, documentation and material 5.9 In cases where we may consider that information relative to the there may be any conflict of interest in Engagement. our acting in more than one capacity for more than one client then we shall Joint clients obtain the consent of both or all parties to continue to act for both or 5.6 In situations where we are instructed all of them. If either party shall not by more than one person or more agree to continue so to act then we than one representative of a Client shall cease to act for both parties in company, we are entitled to act on the that matter. instructions of any one of such persons and to correspond with any of Third party advisers such persons unless otherwise agreed in writing. We shall not be held liable 5.10 We reserve the right, wherever we should we correspond with one joint consider it necessary or appropriate in party without copying in another and providing the Legal Services, to it is your responsibility to ensure that delegate our responsibility or

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functions to or seek advice from any Notice third party or agent in this or any other jurisdictions. 6.2 Our primary duty is to the court and we have a fundamental duty not to 5.11 If, at your request, we select and mislead the court. In the unlikely instruct experts or lawyers or agents event of a conflict arising we may have in this or any other jurisdictions to act to decline to act for you further. or provide advice on your behalf, we will take care in so doing but we will Legal Cost awards not be responsible for their selection nor for any act or omission by them 6.3 On winning your case the court may and, unless otherwise agreed in order the other party to the action to writing, you will and agree to have pay your taxed or assessed legal costs. entered into a contract directly with them and you hereby agree to pay and 6.4 These costs are typically 25-45% less indemnify and be responsible for the than the true legal costs which you will payment of their fees and expenses. incur and for which you will remain liable to us. 6. LITIGIOUS OR CONTENTIOUS MATTERS 6.5 If you lose your case, the court will usually award the legal costs against Disclosure of documentation you and you will be liable for the other parties' legal and other costs in 6.1 In civil court proceedings it is the duty addition to your own. of a litigant not only to tell the truth but also to give full and frank 6.6 Whatever the outcome the court has disclosure including evidence of discretion to award legal costs as it allegations or defences of the thinks fit and the winning party is not opponent usually where the opponent always assured of a full or favourable is not in court. There is a duty to costs order. You may incur third party supply at the relevant time lists of and other costs that you cannot documents (discovery) and permit recover in any event. inspection of documents that are relevant to any fact or matter in issue 6.7 If you bring proceedings you are and which are in your custody, power required to progress them or control. ("Documents" mean hard expeditiously and to meet certain copy, electronic, micro-fiches, audio requirements and standards over tapes, video tapes etc., including which we do not exercise control. internal e-mails capable of being Failure in relation to the foregoing recovered and even if deleted or may result in the proceedings being purged and include all struck out. communications). It is, therefore, essential not to dispose of or put Withdrawal of proceedings beyond your custody, power or control any such documents that may 6.8 When proceedings are commenced need to be discovered and inspected they can only be withdrawn by and to provide us with all such consent of the other party or parties documents in due time. or with leave of the court and the court may impose terms such as payment of the costs of the other party.

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Miscellaneous 8.3 While we will endeavour to comply with the relevant foreign law 6.9 The court generally expects the requirements you bring to our parties to pursue litigation attention in relation to the document expeditiously and to meet certain presented to us by you for standards and requirements over notarisation or which is required to be which we cannot exercise cost prepared in notarial form we shall not control. The court will generally be responsible should any person or expect the parties to try to settle body fail or refuse to recognise the differences by agreement or by notarial act for whatever reason. mediation and this can affect the award of costs. 8.4 Unless otherwise agreed with us in writing you are responsible at your 7. PROFESSIONAL UNDERTAKINGS own cost for obtaining any appropriate legalisation of the 7.1 We reserve the right to refuse to give notarial act in Jersey, with any a professional undertaking on your agreement for us to carry out this task behalf. It is drawn to your attention being on the basis that we are not that once an undertaking is given it responsible for obtaining such within may not be possible to withdraw such a specific period of time. and/or may be for an indefinite period Notwithstanding the foregoing you of time. will be solely responsible for obtaining any appropriate legalisation of the 7.2 In circumstances where we agree to notarial act from an embassy or give a professional undertaking we consulate of the destination country will usually require you to support this or otherwise. in writing and to confirm agreement to the terms. 8.5 By requesting our notarial Legal Services you confirm to the best of 7.3 In relation to any such undertaking your information knowledge and given on your behalf, you agree fully belief that the notarising of any and immediately to indemnify us in documentation presented to us will respect of all claims, time costs, not give rise to any risk of criminal or liabilities and disbursements incurred civil liability or prosecution in any part by us in complying with it. of the world and that you accept and agree that in providing you with 8. NOTARIAL MATTERS notarial Legal Services that our assistance in relation to any matters of 8.1 We provide notarial services on the foreign law and practice relevant to following terms that: the notarial Legal Services is a courtesy and that we are not qualified 8.2 You have taken all necessary legal to advise on or to prepare any advice in relation to the documents; (i) in a language other documentation to be notarised and than English or (ii) which is intended to that where applicable the be effective in a jurisdiction outside documentation has been competently Jersey and therefore we accept no prepared in accordance with your liability for the content and/or particular requirement by a lawyer preparation of any such document qualified and practising in the relevant and you expressly agree that you will jurisdiction. indemnify and keep us fully indemnified for any loss and/or

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liability arising as a result of the accept no responsibility or liability for preparation or content of such. the same. If you do not wish us to communicate with you by any 8.6 You further agree and accept that in particular method then you must providing you with these notarial instruct us in writing at the outset of Legal Services we will not be liable (in each Engagement accordingly. contract tort or otherwise howsoever) for the consequences of any defect or 10.3 We reserve the right to record omission in the content form or telephone calls. requirement of any document notarised for use abroad or for any Electronic communications loss arising and that should such loss be suffered you will and agree to 10.4 We may communicate electronically indemnify and keep us indemnified in with you and other parties in relation respect to such loss or liability arising to the Legal Services. However, the in relation thereto. electronic transmission of information cannot be guaranteed to be secure or 9. POWERS OF ATTORNEY virus or error free and such information could be intercepted, 9.1 We may act on a power of attorney corrupted, lost, blocked, destroyed, provided by you to us in accordance arrive late or incomplete or otherwise with its terms consistent with your be adversely affected or unsafe to use. general instructions without the need We both recognise the systems and for your specific written instructions procedures cannot be a guarantee to act upon it. However we reserve that transmissions will be unaffected the right to request specific written by such hazards. We may need to instructions and may at our discretion access electronic information and refuse to act without such written resources in carrying out the Legal instructions. Services including via an internet connection for remote access. 10. COMMUNICATIONS 10.5 We will not be liable for misdirection, 10.1 If we need to communicate with you and/or any defect (howsoever caused) we shall do so by way of letter, fax, e- and/or interception and/or delay mail or telephone at your usual and/or other matter referred to in the address or number or the address or foregoing paragraph and you agree to number last given to us for accept these risks. communications generally. Where you send us a communication from a 11. WAIVER AND ASSIGNMENT particular address, e-mail address or number we may respond to that 11.1 You shall not have the right to assign address e-mail address (or if you copy (or novate or otherwise transfer) the in others, to all e-mail addresses benefit (or transfer or novate the contained on your email), or number burden) of these T&Cs to another unless you specifically request us not party. We reserve the right to assign to do so. (or novate or otherwise transfer) the benefit (or transfer or novate the 10.2 We may not encrypt email messages burden) of these T&Cs to another unless by prior agreement and in any party. Failure by you or us to exercise event we cannot guarantee the or enforce any rights available to us security of any transmission and

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shall not amount to a waiver of any correspondence and or such rights. documentation will be destroyed and will only remain in electronic format. 12. STORAGE OF DATA, FILES AND If you require the return of any copy PAPERS documentation provided to us or the return of original documents you must Retention of documents during and after the notify us in writing prior to the conclusion of Engagement conclusion of the Engagement.

12.1 We will retain correspondence and or 12.5 For the avoidance of any doubt, in documentation (which will be circumstances where you request us, converted to electronic data form) by prior written agreement, to store relevant to the Legal Services we are original documentation (such as Wills, engaged to do for a period of eleven paper leases, agreements and years from the date of termination / memoranda) such documentation will conclusion of the matter (please see not be subject to destruction as set below in relation to notarial services). out above.

12.2 After eleven years our continued Retrieval of documents and or correspondence retention (whether in electronic form or otherwise) of correspondence and 12.6 Should we need to retrieve files from or documentation will be on the clear storage in relation to continued understanding that such electronic instructions or any new instructions to data will be subject to deletion at such act for you in a matter where previous time thereafter as we consider files may be relevant, we would not appropriate (without further notice to normally charge for the retrieval of you) unless we have been instructed files from storage. If, however, you or in writing and agree to the contrary. If any third party with your agreement we are requested and agree to retain makes a specific request for such correspondence and documents information concerning a matter in we reserve the right to charge for so which we are no longer acting for you doing. and you wish to receive specific documents or other papers, we Storage of Documents reserve the right to charge (both for time spent and printing) for fulfilling 12.3 We save and or backup any such request. correspondence documents and any other information in an electronic Document storage after termination of format either on our servers or where Engagement we deem it appropriate (at our sole discretion) on third party virtual 12.7 If you decide to terminate our Legal servers such as but not limited to Services prior to the completion of the cloud based platforms which Engagement we may retain all papers platforms may not necessarily exist and documents which have come into within Jersey territorial limits. existence in the course of our providing the Legal Services until all Destruction of documents legal fees and disbursements in connection with the provision of the 12.4 We specifically draw to your attention Legal Services and any third parties that at the conclusion of the relevant shall have been settled in full. Legal Services (subject to 12.6) all

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12.8 Subject to payment in full of all fees of advice to our other clients. We and disbursements, we will, on your shall observe our duty of instructions, provide originals (or, if confidentiality to you, and our we do not hold originals, copies) of obligations under Data Law. We may any documents belonging to you save this documentation either in which we are holding or which we hard copy, electronically and or in have under our control and which our knowledge bank. have come into existence while we

provided Legal Services in relation to Notarial documents the Engagement. We reserve the right

to retain copies of such documents 12.12 Without prejudice to the generality of which may be requested and we the terms of this section 12, under reserve the right to require payment notarial rules we are obliged to of our reasonable copying charges in maintain a register of notarial acts advance of providing any such (without an end date). This will documents. contain a copy of the notarised

document together with a register of 12.9 Where, as part of providing Legal your personal details (and if applicable Services, we have created internal your business details). We may memoranda, attendance notes and maintain such a register either in hard other documents for our own copy or electronically as we deem fit. purposes then in accordance with The notarial register and your notarial accepted principles such documents documents shall be kept confidential shall belong to us and we shall not be unless we are required to disclose obliged to hand over originals or such as set out under the section copies of any such documents to you dealing with Confidentiality. or to any other adviser appointed by

you unless ordered to do so by a court Acknowledgment of Consent of competent jurisdiction or due to

other applicable . 12.13 By agreeing to these T&Cs you

acknowledge your consent to us Liability storing, exporting and utilizing your

data (whether personal or any other 12.10 Notwithstanding any agreement to data) for the purposes of due retain documents, whether during or diligence, compliance or any other after the provision of Legal Services, lawful purpose, to converting all we will not be liable (and you agree to correspondence and or documents to hold us indemnified) for any loss, electronic format and to destroying destruction or damage to such the hard copy documentation as set documents (whether stored in hard out above. copy or electronically) howsoever

caused and for any consequential 13. DATA PROTECTION AND damage. REGISTRATION

Use of documentation 13.1 We are registered under the Data

Protection (Jersey) Law, 2018 (the 12.11 You agree that we may use “Data Law”).

documentation, created either by us or by any parties we instruct 13.2 We are committed to ensuring client on your behalf, for research data is kept confidential and held in purposes or to form the basis accordance with the Data Law.

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companies or partnerships and source 13.3 Parslows shares data across the of funds) in respect of all matters in Parslows group but all group entities which we are instructed to provide conform to our data protection Legal Services. policies based on the requirements of the Data Law. Termination /suspension

13.4 For the avoidance of doubt we will 14.3 Any failure to provide such only use your personal data in information as we request in order to accordance with the Data Law and any enable us to carry out such checks additional consents you may provide entitles us to terminate our client to us from time to time. It is drawn to relationship and/or suspend such until your attention that (i) Parslows staff the information is provided and we and consultants and or (ii) third party accept no responsibility and/or sub-contractors or agents engaged by liability arising directly or indirectly as us whether in Jersey, UK or Ireland will a result of our need to do this. have access to personal data the security of which is managed to Disclosure current industry standards. 14.4 Any information and documentation 13.5 Each Client should ensure the provided to us in order to enable us to Parslows Privacy Notice is provided or operate such checks and procedures identified (by reference to our may be subject to disclosure and website) to individuals whose production pursuant to orders having personal data is provided to a legal effect in Jersey. Parslows group entity by the Client and the Client is satisfied there is a Consent legitimate basis under the Data Law for providing such personal data to us. 14.5 In certain circumstances we are required to disclose information and 13.6 If you have any concern about your documentation pursuant to anti- privacy at Parslows, please contact money laundering statutes or court [email protected] and procedures concerning our clients to provide a thorough description of the third parties such as banks providing issue and we will endeavour to resolve services to such clients. the issue for you. 14.6 By instructing us in any matter and 14. CLIENT DUE DILIGENCE AND ANTI- providing such information as we MONEY LAUNDERING PROCEDURES require, you will have consented to our onward disclosure of such 14.1 As a matter of law, we are required to information to third parties where operate anti-money laundering appropriate. checks and procedures in respect of legal and associated services. Charges

14.2 We reserve the right to apply such 14.7 By instructing us you agree that we checks and procedures (including in may charge you for carrying out particular confirmation of identity and identification and verification address/place of business and procedure and client due diligence on verification of capacity to give you as we are required to do under instructions in the case of limited the relevant provisions of applicable

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Jersey and other jurisdictional law as the case may be. 17. TERMINATION OF INSTRUCTIONS

15. VARIATION AND PUBLICATION OF 17.1 Once instructed to provide Legal THESE TERMS OF BUSINESS Services on a particular matter, we expect to continue to do so until 15.1 We reserve the right to vary these completion of that matter and we will T&Cs from time to time including continue to act for you in that matter during the course of the provision of until its conclusion unless: Legal Services in any particular matter. (a) you give us written Notice of changes and variations notification of the termination of instructions to 15.2 A copy of these T&Cs from time to provide Legal Services; time in force will be provided to you when you engage our Legal Services. (b) any fees and disbursements However, these T&Cs and any future which have been billed are variations thereto will be published on more than 15 working days our websites at overdue for payment; www.parslowsjersey.com and www.parslowsinternational.com by (c) it is not appropriate or in your way of public notice to all current and best interests for us to prospective clients and other continue to represent you consumers of services provided by us. (for example where a conflict If we have given you written notice of of interest has arisen or the existence of these T&Cs on our where you have not satisfied websites, then, by the publication of our client due diligence these T&Cs and any variations thereto requirements). on our website, you shall be deemed to have agreed these T&Cs and all 17.2 If we cease to act for you in either of such variations. the circumstances set out in sub- paragraphs (b) or (c) we will inform 16. FINANCIAL SERVICES (JERSEY) LAW, you. 1998 17.3 Regardless of who terminates the 16.1 We are not registered under the instructions you will be responsible for Financial Services (Jersey) Law, 1998 payment of all billed and unbilled fees (as amended) and do not conduct and disbursements up to the date of trust company business. Where, in the termination of our instructions and course of our acting for you, it is any costs and disbursements incurred necessary to undertake a service in connection with the transfer of the which falls within the scope of the work to another person chosen by Financial Services (Jersey) Law, 1998 you. We reserve the right to retain all (as amended), such as the formation papers and documents which relate to of a Jersey company or Jersey limited all matters in which we have been partnership, we reserve the right to instructed until all fees and use the services of third parties to disbursements have been paid as set provide such regulated financial out under our payment terms. services and the fees of such regulated parties will be shown as a disbursement on our invoice.

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18. QUESTIONS OR COMPLAINTS 18.4 Complaints in relation to notarial services may be directed to the Notary 18.1 We hope that any questions or Society faculty office. concerns which may arise in respect of the provision of Legal Services in 18.5 Complaints in relation to data relation to the Engagement which we protection issues may be directed to provide to you may be satisfactorily Office of the Information resolved by discussion between you Commissioner Jersey. and us. We will attempt to answer all complaints, including questions as to 18.6 We are not regulated by the Solicitors the amounts billed, fully and Regulation Authority (SRA) nor the promptly. Law Society of Ireland.

18.2 Should you wish to make a formal 19. LIABILITY complaint, whether it be about the service you have received or directly 19.1 Our aggregate liability in contract related to fees charged, (save for and/or tort (including negligence) services related to Parslows Wills & and/or under statute and/or Probate and Notary services and any otherwise, for any loss, liability and/or other law services provided by damage suffered by you and/or any Parslows International Limited save other person that may arise from for Jersey legal advice) which do not and/or in connection with our Legal fall within the jurisdiction of the Law Services (non-notarial), shall be Society of Jersey), the Law Society of limited to the maximum extent Jersey requests that any such permitted by applicable law: complaints are addressed in the first instance to the firm in question, in • to the amount specified by us order that attempts can be made to in the Retainer Letter from us rectify the situation as quickly as to you or to any person acting possible. A copy of our Complaints on your behalf, in relation to Procedure and Complaints Form can the Engagement; or be obtained by contacting our office. The form should be completed and • if no amount is specified, to returned to us in accordance with the an amount not exceeding terms set out in the Complaints one million pounds sterling Procedure (£1 million).

18.3 Serious complaints about the conduct 19.2 In the case of notarial Legal Services of a Jersey lawyer may also be our liability in contract and/or tort referred to the Bâtonnier who may (including negligence) and/or under agree to institute independent statute and/or otherwise, for any loss, disciplinary proceedings. Should any liability and/or damage suffered by matter be incapable of being resolved you and/or any other person that may in any of the ways set out above then arise from and/or in connection with the courts of Jersey shall have each notarial transaction shall not exclusive jurisdiction to hear such exceed the fee charged or £1,000.00 complaint or dispute applying Jersey (whichever is the lesser). law in all such matters. 19.3 You expressly accept and agree that, to the maximum extent permitted by applicable law, neither you nor any

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other person is permitted to bring any tort (including negligence) and/or claim in respect of any loss, liability or under statute and/or otherwise, must damage arising from and/or in be made: connection with our Legal Services against any of our partners, directors, • where those Legal Services employees, consultants and/or agents have been delivered, within even where our partners, directors three years of the date on employees, consultants and/or agents which the work giving rise to have been negligent. This restriction the claim was performed; shall not operate to exclude our and liability for the acts and/or omissions of any of our partners, directors, • if those Legal Services have employees, consultants and/or been terminated, within agents. three years of the date of termination (subject to the 19.4 We shall not be liable for and you above), and in either of these undertake at all times to hold us cases that shall be the date harmless and to indemnify us to the when the earliest cause of greatest extent permitted by law from action (in contract and/or and against all losses, actions, suits, tort (including negligence) proceedings, claims, demands, and/or under statute and/or damages, costs, charges, expenses otherwise) shall be deemed and/or liabilities (and/or actions, to have accrued in respect of investigations and/or other the relevant claim. For these proceedings in respect thereof) purposes, a claim shall be whatsoever which may arise and/or made when court or other accrue and/or be taken commenced dispute resolution made and/or sought from and/or proceedings are commenced. against us in connection and/or arising from the provision of the Legal 19.6 Our liability to you under and/or in Services and/or notarial Legal Services connection with our Legal Services and/or any of them and will reimburse shall be limited to that proportion of us for all costs and expenses (including the total losses, damages, costs legal and other professional fees) and/or expenses, after taking into which are incurred by us in connection account your contributory negligence, with investigating and/or defending if any, determined having regard to any such claim or proceeding, other the extent of our responsibility for than liabilities arising from fraud or them. gross negligence. This indemnity shall continue in force without limit in time, 19.7 In the event that you are being whether or not we are continuing to advised by one of several provide the Legal Services and/or professionals and a limitation of notarial Legal Services and without liability has been agreed in relation to prejudice to any other indemnity one or more of them, you agree that given in our favour. any liability in connection with our Legal Services will be reduced to the 19.5 Any claim made by you and/or any extent of any contribution which we other person in respect of any loss, would otherwise have been entitled liability and/or damage arising from to recover from any other adviser but and/or in connection with our Legal which we were unable to recover as a Services, whether in contract and/or result of you having agreed a

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limitation of liability with that other 23.2 In accepting these T&Cs you adviser. irrevocably agree the courts of Jersey shall have exclusive jurisdiction to 19.8 Nothing in this paragraph shall limit settle any claim or difference or and/or exclude any liability which dispute which may arise out of or in cannot lawfully be limited and/or connection with these T&Cs and/or excluded. the contract between you and us and you waive any rights to claim that such 20. JOINT AND SEVERAL LIABILITY courts are not the appropriate forum.

20.1 Where two or more persons are the Client the liability of such persons is joint and several and in such © May 2018 Parslows |00425681

circumstances the Clients hereby abandon any right they have under the existing or future whether by virtue of the droit de division or otherwise to require that any liability to us be divided or apportioned with any other person.

21. ENFORCEABILITY

21.1 If any term or provision in these T&Cs shall be held to be unlawful, void or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of these T&Cs but the validity and enforceability of the remainder of these T&Cs shall not be affected.

22. INTERRUPTION OF SERVICES

22.1 In the event that we are unable to provide service due to a disruption or for any other reason, we shall endeavour to restore our Legal Services as soon as practicable. However we cannot accept responsibility for any delay caused by such disruption or for any other consequences beyond our reasonable control.

23. GOVERNING LAW

23.1 The contract between you and us shall be governed by and construed in accordance with Jersey law.

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