1. Introduction and scope
- This Fees, Cancellations and Refund Policy (the "Policy") describes, in general terms, how [LEGAL ENTITY NAME], trading as "lotivano" (the "Firm", "we", "us", "our"), approaches fees, advance payments, expenses, cancellations, and refunds.
- This Policy is provided for general information. It is not an offer of services, a quotation, or a promise of any particular fee, and it does not by itself create any payment obligation.
- The terms that actually apply to a matter are set out in the relevant Engagement Agreement, together with the professional rules and Applicable Law that bind the Firm. Where this Policy and an Engagement Agreement differ, the Engagement Agreement and Applicable Law prevail.
2. Definitions
- "Advance payment"
- money paid to the Firm before the related work is performed — for example, a sum on account of anticipated fees or expenses. An advance payment is not, by the fact of payment alone, an earned fee.
- "Earned fee"
- a fee that has become due because the corresponding work has been performed, or because an agreed event entitling the Firm to the fee has occurred, in accordance with the Engagement Agreement and Applicable Law.
- "Expenses" / "disbursements"
- amounts paid or payable to third parties in connection with a matter (for example, filing fees, or charges of experts or agents), and defined incidental costs.
- "Unearned funds"
- money held by the Firm that has not yet become an earned fee and has not been applied to expenses properly incurred.
- "Engagement Agreement"
- the separate written agreement and terms of business under which the Firm provides legal services.
3. The engagement agreement governs
- No fee becomes payable to the Firm unless and until the Firm has agreed to act and an Engagement Agreement has been executed, or unless Applicable Law otherwise provides.
- The Engagement Agreement will set out the basis of charging, any advance payment required, how expenses are handled, billing frequency, and payment terms for the matter.
- This Policy does not override the client-money and fee rules that apply to the Firm. Where those rules require a particular treatment of funds, that treatment applies regardless of anything stated here.
4. How fees are charged
- Depending on the matter and what is permitted by Applicable Law, fees may be charged on a time basis, as a fixed fee, as a staged fee, or on another agreed basis. The applicable basis will be stated in the Engagement Agreement.
- Any estimate of fees is an indication based on the information available at the time and is not a cap unless expressly agreed in writing. We will seek to keep clients informed where it appears an estimate may be materially exceeded.
- Current rates and fee arrangements are provided on request and confirmed in the Engagement Agreement. Indicative rate information, where published, is: [RATES / FEE INFORMATION — OPTIONAL].
- Where a matter involves more than one person on the client side (for example, joint clients), responsibility for fees will be set out in the Engagement Agreement, which may provide that each is jointly and severally responsible, to the extent permitted by Applicable Law.
- If the scope of a matter changes materially — for example, because new issues arise or the client's instructions change — the basis or level of fees may need to be revisited. We will seek to agree any such change with the client before significant additional work is undertaken.
5. Advance payments and funds on account
- Where the Engagement Agreement requires an advance payment, that sum is generally held on account of future fees and/or expenses and is applied as those fees are earned or those expenses are incurred, in accordance with Applicable Law and the Firm's client-money rules.
- An advance payment is not treated as an earned fee merely because it has been paid. Until it is properly applied, the portion not yet earned or incurred is treated as unearned funds (see sections 11 and 12).
- Where required by Applicable Law, client money will be held separately and handled in accordance with the applicable client-account rules: [CLIENT-ACCOUNT HANDLING SUMMARY].
6. Earned fees
- Fees become earned as the corresponding work is performed, or as otherwise set out in the Engagement Agreement consistently with Applicable Law.
- Earned fees are generally not refundable to the extent they correspond to work properly performed and are consistent with the Engagement Agreement. Nothing in this clause displaces a client's right to challenge whether a fee was properly charged (see section 15) or any non-waivable right under Applicable Law.
7. Expenses and disbursements
- Matters often involve expenses payable to third parties. Where the Engagement Agreement so provides, the client is responsible for these expenses, which may be billed in addition to fees or paid from funds held on account.
- We will seek to inform clients of significant anticipated expenses. Some expenses, once incurred or committed to a third party, cannot be recovered and are therefore not refundable by the Firm even if the matter ends early.
8. Invoicing and payment
- We will issue invoices in accordance with the Engagement Agreement. Invoices are typically payable within [PAYMENT PERIOD] of the invoice date unless otherwise agreed.
- Where permitted by Applicable Law, we may charge interest on amounts properly due but unpaid, and may suspend work on reasonable notice where invoices remain unpaid, subject to our professional obligations and any duty to avoid foreseeable prejudice to the client.
- Applicable interest, and any administrative terms, will be as stated in the Engagement Agreement: [INTEREST / LATE-PAYMENT TERMS].
- We aim to render invoices that are clear and, where relevant, sufficiently itemised to allow the client to understand the work done and expenses incurred. If a client requires a particular invoicing format for internal or regulatory reasons, we will seek to accommodate reasonable requests.
- Where a third party (such as an insurer or employer) is expected to pay some or all of the Firm's fees, the client remains primarily responsible for payment unless the Engagement Agreement and Applicable Law expressly provide otherwise.
9. Taxes
Fees and expenses may be subject to value added tax, sales tax, or other taxes under Applicable Law. Unless stated otherwise, amounts are exclusive of such taxes, which will be added where applicable. The applicable tax treatment must be confirmed: [TAX TREATMENT / REGISTRATION].
10. Cancellation and termination
- A client may end an engagement in accordance with the Engagement Agreement and Applicable Law. The Firm may withdraw from or terminate an engagement only as permitted or required by its professional obligations, any applicable court rules, and Applicable Law, as described in the Website Terms of Use.
- On cancellation or termination, the client remains responsible for fees earned and expenses incurred or committed up to the effective date, subject to Applicable Law.
- Where a client has a statutory right to cancel within a cooling-off period (for example, certain consumer contracts concluded at a distance), that right applies as provided by Applicable Law, and nothing in this Policy removes it. Any such right must be described accurately in the Engagement Agreement: [COOLING-OFF / CANCELLATION RIGHTS, IF APPLICABLE].
11. Refunds
The Firm does not operate a blanket "non-refundable" rule. Whether an amount is refundable depends on what the amount represents:
- Unearned funds. Advance payments that have not become earned fees and have not been applied to expenses properly incurred are, in principle, returnable to the client on conclusion or termination of the matter, subject to reconciliation of the account and Applicable Law.
- Earned fees. Fees that correspond to work properly performed, consistent with the Engagement Agreement, are generally not refundable, without prejudice to a client's right to challenge a charge or to any non-waivable right.
- Expenses. Expenses already paid or irrevocably committed to third parties are generally not recoverable from the Firm, while amounts set aside for expenses that are not incurred are treated as unearned funds.
- Any refund of unearned funds will be made after the Firm has reconciled the account, applied earned fees and properly incurred expenses, and complied with any applicable client-money rules.
- Refunds are generally returned by the same method of payment where practicable, subject to section 14 and Applicable Law.
- We aim to deal with refunds of unearned funds promptly once the account has been reconciled. Any period required for that reconciliation, and any deduction properly made, will be explained to the client so that the basis of the refund is clear.
- This section states the Firm's general approach. It does not create an entitlement beyond what the Engagement Agreement and Applicable Law provide, and it does not limit any non-waivable right a client may have to a refund or to challenge a charge.
12. Return of unearned funds
- Where the Firm holds unearned funds at the conclusion or termination of a matter, it will account to the client for those funds and return any balance due, in accordance with Applicable Law and the Firm's client-money obligations.
- The Firm will provide a statement reconciling fees earned, expenses incurred, and amounts returned, so that the treatment of funds is transparent.
13. No guarantee of outcome
Payment of fees secures the Firm's professional services; it does not purchase a particular result. The Firm does not guarantee any legal outcome, and fees are not contingent on a favourable result unless a lawful, clearly defined arrangement to that effect is expressly agreed in writing and permitted by Applicable Law. Fees reflect the work properly required to advance a matter and remain payable in accordance with the Engagement Agreement regardless of whether the result the client hoped for is achieved.
14. Payment methods
- Accepted methods of payment will be confirmed by the Firm and stated in the Engagement Agreement or on an invoice: [ACCEPTED PAYMENT METHODS]. Unless expressly confirmed in writing, a particular method should not be assumed to be available.
Optional — cryptocurrency (inactive by default).
The Firm does not accept payment in cryptocurrency or other digital assets unless and until it expressly confirms in writing that it has put in place the necessary arrangements and satisfied all applicable legal, regulatory, client-money, anti-money-laundering, tax, and accounting requirements. This provision is included only so that such a method may later be activated; until the Firm publishes activated terms, no cryptocurrency payment is invited or accepted, and any purported payment by such means has no effect. Activated terms, if any, will appear here: [CRYPTOCURRENCY TERMS — ACTIVATE ONLY AFTER LEGAL AND REGULATORY CONFIRMATION].
15. Disputed invoices and complaints
- If you have a question or concern about an invoice, please raise it promptly using the details in section 18 so we can review it.
- The Firm operates a complaints procedure, and clients may have additional rights to challenge fees or to refer a complaint to an external body under Applicable Law. The applicable complaints route and any external body must be stated accurately: [COMPLAINTS PROCEDURE / EXTERNAL BODY].
- Raising a concern does not, by itself, suspend the obligation to pay undisputed amounts, but we will deal with genuine disputes fairly and in accordance with Applicable Law.
16. Non-waivable rights
Nothing in this Policy limits or excludes any right you have under Applicable Law that cannot be limited or excluded by agreement, including consumer-protection rights and any non-waivable right to have fees assessed or reviewed. Where any provision of this Policy conflicts with such a right, that right prevails.
17. Changes to this policy
We may update this Policy from time to time. The current version will be posted on this page with an updated effective date. Changes to this Policy do not alter the terms of an Engagement Agreement already in place, which can be varied only as that agreement provides.
18. How to contact us
For questions about fees, payments, or this Policy, contact accounts@lotivano.example or inquiries@lotivano.example, or write to [LEGAL ENTITY NAME AND ADDRESS].
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