Interpretation

1.1: Client means the client of the company.

1.2: Company means XCaliber Media Solutions Ltd.

1.3: Contract means the signed terms of engagement between the client and the company relating to the supply of services.

1.4: "Services" means all or any of the services as specified in the contract.

1.5: "Thirdparty" means any person, firm or company that's sold the client the product.

1.6: "Product" means the UK property which the client received advise relating to or purchased.

Duration

2.1: The contract shall commence on the date on which the client's signed application form has been received by the company and unless terminated (see section 8: Termination) shall continue until:

- Compensation is recovered for the client by the company.

Or

- The company advises the client that it is unable to recover any monies.

Or

- The company exercises its right not to pursue a case.

Services

The customer has 7 days to cancel the contract from the date payment is recieved if they are not satisfied with our services. (see 5.14)

The company agrees with the client:

3.1: To provide the services using reasonable skill and care.

3.2: To notify the client in writing if we are unable to pursue a case

3.3: To act in the best interests of the client at all times.

Charges/Fees & Debt Recovery

The company's charges are those referred to in the contract. It is understood that an initial processing payment including 18% tax (IVA) will be paid to XCaliber Media Solutions Ltd to commence proceedings. This fee is refundable subject .

5.14. All payments are processed by XCaliber Media Solutions Ltd  through both World Pay and European banks. If payment is made by cheque, there will be a £30 bank handling fee. When a settlement offer is made, it will be forwarded to the client by the lawyer for due consideration. On completion of settlement the Lawyer may take up to 15% plus 20.% tax (IVA) of the monetary value of compensation awarded on any given case managed by the lawyer.

4:1: In the event that the company has to take steps to recover any service charges overdue, the client undertakes to be liable for all costs and expenses incurred by the company, including but not limited to, debt collection fees.

Obligations of the Client

The client agrees with the company:

5.1: To provide promptly all such information as the company may from time to time reasonably request.

5.2: To ensure that all information sent to the company is accurate, not misleading and shall not contain any relevant omissions.

5.3: To authorize the company to act on its behalf to contact the third party or such other persons, firms or companies as the company considers necessary to perform the services and to authorize the release of any such information as the company deems appropriate.

5.4: To authorize the company to negotiate on the merits of the client's claim.

5.5: To authorize the company to accept an offer on behalf of the client.

5.6: To authorize the company to retain any monies due to the company by way of a service charge as provided under the terms of the contract.

5.7: To accept these terms and conditions as binding on the client and to be responsible to the company for any breach.

5.8: To immediately copy to the company any correspondence or information it receives from the third party as not to delay or hinder the complaint process.

5.11: To promptly notify the company of the full names of all joint property ownership.

5.12: The client agrees to notify the company immediately of any settlement offered by the third party in respect of their case.

5.13: That not withstanding a settlement offer is agreed and accepted directly by the client with the third party; the client will remain responsible for and shall pay the service charges referred to in the contract.

5.14: The initial processing fee paid to XCaliber Media Solutions Ltd will only be refunded to the client if the client cancels within the seven day cooling off period which starts from the date of the payment made by the client. All refunds or cancellation must be carried out in writing, by fax, post or e-mail. The management reserves the right to reject any cancellation notices that do not comply with this ruling.

5.15: Where the company exercises its right not to pursue a case for any reason on behalf of the client, a full refund of the processing fee paid to XCaliber Media Solutions Ltd will be given subject to clauses 5.1 and 5.2.

Performance

The company shall not be liable for any loss, damage or expense arising from any delay in the performance of any services from the third party involved in the complaint lodged on behalf of the client by company.

Liability

7.1: The Company's liability in respect of the service is to provide the same with reasonable skill and care.

7.2: The liability of the company to the client in contract, tort (including negligence for breach of statutory duty) or otherwise howsoever under or in connection with the contract shall be limited as follows;

7.3: for death or personal injury resulting from the company's negligence, no limit shall apply.

Termination

8.1: The company shall have the right by giving written notice to the client at any time to immediately terminate the contract if;

8.2:there occurs any material breach by the client of any term of the contract which is irremediable or if remediable is not remedied to the company satisfaction within 15 days of a written notice by the company specifying the breach and requiring it to be remedied;

8.3: or the client is adjudicated bankrupt.

8.4: No failure or delay in exercising any of the company's rights shall constitute a waiver of the same or any other of its rights.

8.5: If the client terminates the contract after 7 days such termination must be given in writing to the company, as to notify the third party the status of the case.

Force Majuro

9.1: The Company shall not be liable for any delay or other failure to perform any services by reason of any cause whatsoever beyond its reasonable control and the time for performance shall be extended by the period of any such delay.

Confidentiality

10.1: The subject matter of the contract and any information acquired by either party pursuant to the contract is confidential and neither party shall, without prior written consent of the other party, make any use or disclosure thereof except for the purpose of the contract save to the extent such information is or becomes publicly available, otherwise it is in breach of the foregoing obligations.

10.2: The working papers prepared as part of the engagement are our property and constitute confidential information.

Data Protection Act

11.1: During the engagement the company shall request information about the client's personal and financial situation from the client. It may be appropriate to obtain some of the information about the client's personal and financial situation from third parties (for example, from other firms which act, or have acted, as your professional advisers).

11.2: The information that the company obtains about the client's personal and financial situation may constitute "personal data" or "sensitive personal data" under the Data Protection Act 1998 ("the 1998 Act"). By signing this agreement, the client expressly consents that the company:

11.3: carry out such processing (whether obtaining, recording or holding) of such data as is necessary to enable the company to carry out the engagement;

11.4:using the companies knowledge of the client's personal and financial situation, bring to the client's attention, from time to time, information that the company believes may be of interest to the client, unless the client has informed the company that they do not wish to receive any such information.

11.5: If requested by the client in writing, the company shall (for a fee not exceeding the maximum fee prescribed in the 1998 Act) provide details of the data that the company hold about the client. You undertake to advise the company if any such details are incomplete, inaccurate or out of date.

11.6: If requested by the client in writing, the company shall provide the client with such details of the third parties to which the company discloses information about the client's personal and financial situation.

Rights Of Third Party

No person other than the company, any person to whom the company assigns the contract and the client shall acquire any enforceable rights under or in connection with the contract.

Entire Agreement

The contract contains all the terms which the parties have agreed in relation to its subject matter and supersedes all previous oral or written communications between the parties and the company does not authorize the giving of representations on its behalf by any person unless confirmed in writing and signed by the director of the company.

Notices

Any notice given in writing if sent by facsimile or forwarded by first class prepaid letter post to the receiving party at its address as last notified in writing to the other party, shall be deemed to have been given on the date of transmission of the facsimile (if sent during normal office hours as evidenced by transmission report and provided a copy is sent by first class prepaid letter post on the same day) or two working days following the date of posting.

Severability

If any provision of this contract is held by any court or other competent authority to be void or unenforceable in whole or part, the other provisions of the contract and the remainder of the affected provisions shall continue to be valid.

Variations

No variation to these conditions shall be binding unless agreed in writing between the company and the client.

Data Protection

The Company will process all information in accordance with the Data Protection Act 1988. The company will use the personal information provide by the client to assess the client's position and carry out the services the company provides. The company may disclose the client's data to other companies as the need arises during the claims process. By the client providing their personal information the client explicitly authorizes the company to process their claim. When the client provides information concerning another party the client confirms that their consent has been obtained for the company's use in processing the client's claim. Under the data protection act all personal information held by the company during the process of the claim will be freely available to the client upon request.

Law & Jurisdiction

The law applicable to this contract shall be Spanish law and the parties consent to the jurisdiction of the UK courts in all matters affecting this contract.