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RCLME Terms and Conditions

Terms and conditions


1 Definitions

1.1 'client' means the client of the company.

1.2 'compensation' means all monies that are recovered by the company from the third party including but not limited to shortfall compensation either based on the original offer made by the third-party or if such offer is revised after an appeal, revised figure if it is higher than the original offer, payments in reduction of the client’s mortgage, payments in respect of distress or inconvenience, recoverable premiums and any other recoverable costs or monies paid to the client by the third party including interest.

1.3 'company' means Right Conclusion Limited.

1.4 'contract' means the signed Letter of Engagement between the client and the company relating to the supply of services incorporating these terms and conditions.

1.5 'services' means all or any of the services as specified in the contract.

1.6 'third party' means any person firm or company that sold the client a policy.

1.7 'VAT' means value added tax at the then prevailing rate.


2 Duration

The contract shall commence on the date on which the client's signed contract has been received by the company and unless earlier terminated as provided below shall continue until:

2.1 Compensation is recovered for the client by the company and the service charges are paid by the client; or

2.2 The company advises the client in writing that it is unable to recover compensation; or

2.3 The company exercises its right not to pursue a claim for compensation but this is without prejudice to any rights the client may have to make a claim.


3 Services

The company agrees with the client:

3.1 That it will use its reasonable endeavours to pursue an application for compensation from the third party on behalf of the client where the company believes that the claim has merits;

3.2 To notify the client promptly and in writing if it decides that it will not pursue an application for compensation;

3.3 To keep the client informed in writing of the progress of the claim;

3.4 That it will not seek to recover its commission fee should the application to the third party for compensation prove unsuccessful;

3.5 To act in the best interests of the client at all times;

3.6 To promptly pay any compensation received by the company to the client after deducting the amount due to the company by way of commission fee;

3.7 To hold all compensation monies received from a third party in a general client account that is separate from the main bank account of the company;

3.8 That it will not commence any legal proceedings to recover compensation.


4 Charges

The company’s service charges are those referred to in the contract. The liability for the client to pay the service charges and any other charges that may be payable by the client under these terms and conditions is joint and several.


5 Debt Recovery

5.1 In the event the company takes step to recovery any service charges due and unpaid by the client to the company, the client shall pay to the company a recovery fee of £250 plus VAT and in addition the client undertakes that it will at all times keep the company indemnified against all costs and expenses incurred by the company, including but not limited to, court fees, interest and administrative fees in recovering from the client any service charges due and unpaid from the client to the company.

5.2 Failure on the part of the client to make punctual payments of all sums due to the company under the terms of this contract will result in interest being added.

5.3 All sums due from the client which are not paid on the due date (without prejudice to the rights of the company under this contract) shall bear interest from day to day at the annual rate of 3% over the base lending rate of the HSBC Bank plc subject to a minimum of 10% per annum.


6 General Obligations of The Client.

The client agrees with the company:

6.1 To provide promptly all such information as the company may from time to time reasonably request;

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

6.3 To authorise 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 authorise the release of any such information as the company deems appropriate;

6.4 To authorise the company to negotiate on the merits of the client's claim;

6.5 That the company may accept the offer of compensation on behalf of the client and the client will complete the acceptance form;

6.6 To accept these terms and conditions as binding on the client and to be responsible to the company for any breach including the payment of the service charge;

6.7 Not to appoint any other person firm or company to provide the services;

6.8 Not to pursue the claim throughout the duration of the contract personally and not to contact the Financial Ombudsman Service;

6.9 Not to contact the third party without the consent of the company;

6.10 To immediately copy to the company any correspondence it receives from the third party;

6.11 To promptly notify the company of the full names of all joint policy holders.


7 Payment Obligations Of The Client And The Company.

7.1 The client assigns to the company all its rights in the compensation and authorises the company to collect on its behalf any compensation due from the third party.

7.2 The company shall pay to the client the amount of the compensation it has received from the third party less the amount of service charges and any other charges due to the company in accordance with this contract. The client also agrees and is liable to pay the service charges to the company if the compensation is paid directly to the client by the third party.

7.3 When an offer for compensation is obtained from the third party on behalf of the client which in the opinion of the company is fair and reasonable one and that offer is rejected by the client then the company reserves the right to charge a fee not exceeding the amount of the commission fee which would have been payable in the event that the client accepted the offer in line with the company’s advice.

7.4 The client agrees to pay to the company its service charge and is deemed to have accepted an offer of compensation in cases where, an offer of compensation, which in the opinion of the company is a fair and reasonable one, has been sent either by the company or the third party to the client, and the client has not within 28 days of receiving such offer either returned to the company, the third party’s acceptance form or a letter rejecting the third party’s offer.


8 Performance.

The company shall not be liable for any loss, damage or expense arising from any delay in the performance of any services from whatever cause nor shall any such delay entitle the client to repudiate the contract.


9 Liability

9.1 The company’s liability in respect of the services is to provide the same with reasonable skill and care. Any warranties implied by law statute or otherwise are excluded to the fullest extent permitted by law.

9.2 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:

9.2.1 For death or personal injury resulting from the company’s negligence, no limit shall apply:

9.2.2 For any consequential loss or damage suffered by the client under or in connection with the contract occasioned by any act or omission on the part of the company, whether directly or indirectly, is hereby excluded to the fullest extent permitted by law.


10 Termination.

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

10.1.1 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’s satisfaction within 15 days of a written notice by the company specifying the breach and requiring it to be remedied; or

10.1.2 The client is adjudicated bankrupt; or

10.1.3 the client does not follow any recommendations of the company.

10.2 The client shall have the right to terminate the contract by giving written notice to the company within 14 days of signing the contract. Termination will only take effect from the date that the company acknowledges in writing to the client the notice of termination, such written acknowledgement being provided as soon as practicably possible.

10.3 In the event that the client terminates the contract after 14 days. The company's standard hourly rate, subject to a minimum charge of £250 plus VAT, will apply for such preparation, processing, and submission costs as may have been incurred by the company up to the time the client's written cancellation has been received by the company.


11 Force Majeure.

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.


12 Confidentiality.

The subject matter of the contract and any information acquired by either the company and the client pursuant to the contract is confidential and save in accordance with the company's privacy policy neither the company nor the client shall, without prior written consent of the other party make any use or disclosure thereof except for the purposes of the contract save to the extent such information is or becomes publicly available otherwise than in breach of the foregoing obligations.


13 Privacy Policy And Data Protection.

13.1 All personal data will be held in accordance within the provisions of the Data Protection Act 1998.

13.2 The company agrees to comply with any request from the client for a copy of the personal data that it holds subject to any exemptions that may apply from time to time. The company charges an administration fee for the administration costs of providing this information.

13.3 The company further agrees to correct any inaccuracies in any personal data held at the request of the client.

13.4 By your acceptance of this privacy policy and unless and until we receive written instruction to the contrary, you agree that we may share your personal information with banks, Financial Advisers or other relevant financial institutions and to affiliates, associated companies or service partners for the purposes of assisting you with financial planning matters in respect of your actual or projected shortfall or for other financial/insurance matters or to any other firm, person or company that we believe may be of similar assistance to you. Except as explicitly stated in this Privacy Policy, we do not disclose to any third party the information provided. 13.5 The client acknowledges and agrees that it's personal data may be submitted to a credit reference agency and processed on behalf of the company in connection with the services.


14 Misleading Information.

The company reserves the right to charge the client an administration fee if any information provided by the client is misleading or contains material omissions which result in the company providing the service to the client, which it would have declined to do, if it had been in possession of the full information.


15 Assignment And Sub-Contracting.

The company reserves the right to assign the contract and all rights under it and to sub-contract to others all or any of its obligations. This contract is personal to the client and is not assignable except to the personal representatives of the client.


16 Rights Of Third Parties.

The company and any person to whom the company assigns the contract and the client shall acquire enforceable rights under or in connection with the contract. Subject to the foregoing, a person who is not a party to this contract will have no rights pursuant to the Contracts (Rights of Third Parties) Act 1999 to enforce the contract.


17 Entire Agreement.

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


18 Notices.

Any notice to be given in accordance with the contract and these terms and conditions must be in writing.


19 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.


20 Variations.

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


21 Law And Jurisdiction.

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


22 Waiver

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.


Right Conclusion Limited Web Site Agreement


The http://www.rclme.com Web Site (the "Site") is an online information service provided by Right Conclusion Limited ("http://www.rclme.com "), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. http://www.rclme.com MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.


1. Copyright, Licenses and Idea Submissions.


The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are http://www.rclme.com, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to http://www.rclme.com a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to http://www.rclme.com by all means and in any media now known or hereafter developed. You also grant to http://www.rclme.com the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against http://www.rclme.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications to http://www.rclme.com.


TRADEMARKS


Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of http://www.rclme.com. Other product and company names mentioned in the Site may be the trademarks of their respective owners.


2.Use of the Site.


You understand that, except for information, products or services clearly identified as being supplied by http://www.rclme.com, http://www.rclme.com does not operate, control or endorse any information, products or services on the Internet in any way. Except for http://www.rclme.com- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with http://www.rclme.com a. You also understand that http://www.rclme.com cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.


YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. http://www.rclme.com PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND http://www.rclme.com SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. http://www.rclme.com DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.


YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. http://www.rclme.com HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.


LIMITATION OF LIABILITY.


IN NO EVENT WILL http://www.rclme.com BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF http://www.rclme.com OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, http://www.rclme.com LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.


http://www.rclme.com makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-http://www.rclme.com web site, please understand that it is independent from http://www.rclme.com, and that http://www.rclme.com has no control over the content on that web site. In addition, a link to a http://www.rclme.com web site does not mean that http://www.rclme.com endorses or accepts any responsibility for the content, or the use, of such web site.


3.Indemnification.


You agree to indemnify, defend and hold harmless http://www.rclme.com, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.


4.Third Party Rights.


The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of http://www.rclme.com and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.


5.Term; Termination.


This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.


6.Miscellaneous.


This Agreement shall all be governed and construed in accordance with the laws of United Kingdom applicable to agreements made and to be performed in United Kingdom. You agree that any legal action or proceeding between http://www.rclme.com and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in United Kingdom. Any cause of action or claim you may have with respect to the Service must be commenced within one(1)year after the claim or cause of action arises or such claim or cause of action is barred. http://www.rclme.com's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. http://www.rclme.com may assign its rights and duties under this Agreement to any party at any time without notice to you.


Any rights not expressly granted herein are reserved.


Steps to claiming PPI.


Contact us for a claim pack.


Return paperwork. with relevant copies of the point of sale documents i.e. PPI contract you signed.


Claim process We keep you updated about your PPI claim.


Your PPI award or offer explained. Cheque for you!


Pay my invoice Ways to pay.