The following terms (together with the documents referred to therein) govern your use of this website www.daviesanddavies.net (the “Site), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the Site. By using the Site, you indicate that you accept these terms of use and that you agree to abide by them.
Information about us
The Site is operated by Davies and Davies Associates Ltd (“Us”). Davies and Davies Associates is registered in England under company number 06468156.
Our VAT number is 865 1730 16.
Davies and Davies Associates Ltd (Reg. Name) is authorised and regulated by the Solicitors Regulation Authority Reg. No. 472797.
Company Registered Address: Davies & Davies Associates Ltd, 31 Pearce Drive, Farringdon Oxon SN7 7ND.
We are subject to the SRA Standards and Regulations, a copy of which can be viewed at https://www.sra.org.uk/solicitors/standards-regulations/
Our communications are not financial communications and are not invitations or inducements to any person to engage in investment activity. We are not authorised under the Financial Services and Markets Act 2000, but we may, since we are authorised and regulated by the Solicitors Regulation Authority, offer a restricted range of investment services to clients, but only if they are incidental to, or a necessary part of our legal services. Davies & Davies Associates Ltd is also regulated by the Royal Institution of Chartered Surveyors for the provision of surveying services. This means we agree to uphold the RICS Rules of Conduct for Firms and all other applicable mandatory professional practice requirements of the RICS which can be found at www.rics.org. As an RICS regulated firm we have committed to cooperating with the RICS in ensuring compliance with its standards. The firm’s nominated RICS Responsible Principle is Nigel Davies who can be contacted at our Registered Address stated above.
We no longer maintain a fax number.
Accessing the site
Access to the Site is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on the Site without notice (see below). We will not be liable if for any reason the Site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of the Site, or the entire site, to users who have registered with us.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
When using the Site, you must comply with the provisions of our acceptable use policy.
You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms, and that they comply with them.
Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in the Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from the Site for your personal reference. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the author of material on the Site must always be acknowledged.
You must not use any part of the materials on the Site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of the Site in breach of these terms of use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Reliance on information posted
Commentary and other materials posted on the Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Site, or by anyone who may be informed of any of its contents.
Our site changes regularly
We aim to update the Site regularly, and may change the content at any time. If the need arises, we may suspend access to the Site, or close it indefinitely. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
Our liability
The material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:
- all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
- any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it, including: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; and wasted management or office time,
whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for any liability which cannot be excluded or limited under applicable law.
Information about you and your visits to the site
We process information about you in accordance with our privacy policy. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
This website utilises HotJar web analytics captured by passive collection. It does not collect any personally identifiable information (PII) that you do not voluntarily enter in this website. The sole purpose of passively collecting this information is to improve your overall experience. It is automatically collected, whilst navigating through and interacting with the site.
Information collected includes user mouse activity, browser and device specific log data:
- Your device’s IP address (collected and stored in an anonymised format)
- Device screen size
- Geographic location (country only)
- Preferred language used to display the webpage
Viruses, hacking and other offences
You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.
Linking to our site
You may link to the home page of the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must contain any material which is unlawful, defamatory, obscene, threatening or otherwise likely to offend any person or which infringes any right of any person.
If you wish to make any use of material on the Site other than that set out above, please address your request to us using our “Contact Us” form.
Links from our site
Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Jurisdiction and applicable law
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
Variations
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we have made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the Site.
Your concerns
If you have any concerns about material which appears on the Site, please contact us using our “Contact Us” form.
Complaints Procedure
- We are committed to high quality legal advice and client care.If you are unhappy about any aspect of the service you have received please contact Mr. Nigel Davies on 0800 840 4025 and e-mail nigel@dda.law or by post at our Registered office.
- If you have a complaint, then this note sets out the procedure that we will follow in dealing with that complaint.
- The following people have been appointed to deal with complaints and you should not hesitate to contact the relevant person. Details are as follows:
Mr. Nigel Davies– DAVIES & DAVIES ASSOCIATES LTD
31 Pearce Drive, Farringdon Oxon SN7 7ND - Where your complaint is initially made orally, you will be requested to send a written summary of your complaint to the person dealing with it.
- Once we have received your written summary of the complaint, we will contact you in writing within fourteen working days to inform you of our understanding of the circumstances leading to your complaint. You will be invited to make any comments that you have in relation to this.
- Within twenty eight days of receipt of your written summary, the person dealing with your complaint will write to you, in order to inform you of the outcome of the investigation into your complaint and to let you know what actions have been or will be taken.
- You will not be charged for the cost of handling a complaint and at the conclusion of our complaints process you will be reminded of your right to complain to the Legal Ombudsman including the time frames and full details as to how to contact the Legal Ombudsman noted in paragraph 9.2 below.
- If you remain dissatisfied and your complaint concerns our Surveyors services:
Mediation (Business and Consumer Clients). If you remain dissatisfied with any aspect of our internal handling of your complaints, then we can discuss whether we can agree to go to mediation according to either the Centre for Effective Dispute Resolution (“CEDR”) or the mediation process run by the Royal Institution of Chartered Surveyors (“RICS”).
Centre for Effective Dispute Resolution (CEDR)
International Dispute Resolution Centre | RICS Dispute Resolution Service |
| 70 Fleet Street | 55 Colmore Row, |
| London | Birmingham |
| EC4Y 1EU | B3 2AA |
| United Kingdom | United Kingdom |
| Tel: +44 (0)20 7536 6060 | Tel: +44 (0)20 7334 3806 |
| Fax: +44 (0)20 7536 6061 | Fax: +44 (0)20 7334 3802 |
| Email: info@cedr.com | Email: drs@rics.org |
| www.cedr.com | www.rics.org/drs |
- If you are still unhappy with the result of any of the above then, depending on whether you are either a Business or a Consumer client, you can further refer your complaint as follows:
- Business to Business clients. If you are a Business you can refer your complaint to the Arbitration Procedur for Surveying Disputes / Neutral Evaluation Procedure for Surveying Disputes if it falls within the scope of the Scheme. This is operated by IDRS Limited, 70 Fleet Street, London EC4Y 1EU from whom you can obtain details. The rules for both the Arbitration Procedure for Surveying Disputes and the Neutral Evaluation Procedure are available on the IDRS (part of CEDR Disputes Group) web site www.idrs.ltd.uk. Alternatively, for further information, you may contact IDRS Limited on 020 7520 3800 or email info@idrs.ltd.uk or visit idrs.ltd.uk.
- Consumer clients. If you are not a business and are still unhappy, you can refer your complaint to CEDR which provides a range of options for disputes of any nature which we are willing to use in the event of a dispute. Any complaint to CEDR must be made within 6 months of the date of our final response although no sooner than 8 weeks of the date of the problem to enable us to exhaust our complaints procedure explained above and no more than 6 years from the date of act/omission; or, no more than 3 years from when you should reasonably have known there was cause for complaint.
- Alternatively, if you remain dissatisfied and your complaint concerns our Solicitors services:
- With regard to allegations of misconduct, if you are dissatisfied with any aspect of our handling of your complaint or the outcome of our internal investigation, or if for any reason we are unable to resolve the problem between us, then we are regulated by the Solicitors Regulation Authority that also provides a complaint and redress scheme.
- With regard to allegations of inadequate professional service, if you are still not satisfied, you may then contact the Legal Ombudsman at PO Box 6806, Wolverhampton WV1 9WJ about your complaint. Any complaint to the Legal Ombudsman must be made within 6 months of the date of our final response although no sooner than 8 weeks of the date of the problem to enable us to exhaust our complaints procedure explained above and no more than 6 years from the date of act/ omission; or, no more than 3 years from when you should reasonably have known there was cause for complaint. For further information, you may contact the Legal Ombudsman on 0300 555 0333 or e-mail enquiries@legalombudsman.org.uk or visit www.legalombudsman.org.uk.
- Although we are under no obligation to use such a scheme, for your information upon exhausting that contained within paragraph 9.2 above if you are still unhappy with the result of any of the above there is an additional ADR entity certified under the EU Consumer Directive to whom you can refer your complaint called The Ombudsman Services. The Ombudsman Service website is http://www.ombudsman-services.org.
- If we have to change any of the timescales above, we will let you know and explain why.
- The Solicitors Regulation Authority can help you if you are concerned about our behaviour. This could be for things like dishonesty, taking or losing your money or treating you unfairly because of your age, a disability or other characteristic. You can raise your concerns with the Solicitors Regulation Authority.
Other – Non-legal Services
- The “Customer” means the party commissioning the provision of service.
- The “Contractor” means and refers to Davies and Davies Associates Ltd.
- The “Contract” means the agreement between the Customer and the Contractor for the provision of development work or service.
- This Contract represents the entire agreement between the parties. Each party warrants to the other party that has not relied on any representation not recorded here, which has induced it to enter into this Contract.
- No amendments to this Contract will be valid unless made in writing and signed by all the parties hereto.
- The development works specified in the Contract will be undertaken on the basis of specific representations and information supplied by the Customer to the Contractor and the Contractor shall not be responsible for any errors, omissions or other failures in the performance of the said work arising from the provision of incorrect or incomplete information by the Customer. The Customer acknowledges that where incorrect or incomplete information has been provided, additional work may be required by the Contractor for which a reasonable additional fee may be payable.
- Where the Customer is a corporate body, the Contractor undertakes the work on the basis of an implied undertaking that each of the directors and shareholders of the Customer will indemnify the Contractor for all fees, costs and other charges which for any reason are not paid by the Customer under the terms hereof.
- The Customer acknowledges that all information in this Contract and which arises as a result of the work undertaken hereunder is confidential and belongs to the Contractor and shall not be disclosed in whole or in part, directly or indirectly to any party without the prior written approval of the Contractor.
- The Customer undertakes to provide all necessary authorities to third parties to enable the Contractor to perform the whole of the works required under the Contract.
- The liability of the Contractors in contract, in tort or otherwise arising in connection with the work undertaken under the Contract shall be limited to 10 times the fee rendered for the specific assignment, which has been paid in accordance with the terms hereof.
- Without prejudice and in addition to all other rights and remedies which may arise from any breach of this Contract, in the event that this Contract is terminated for whatever reason prior to the work being completed by the Contractor, the Contractor shall be entitled to retain the 50% deposit paid on the commencement of the Contract and shall be entitled to such reasonable additional amount of the total charge as corresponds to the work completed in addition to any other payments or compensation which is appropriate under the circumstances.
- All prices referred to in the Contract are exclusive of Value Added Tax.
- In the event that any of these terms and conditions or any part of the terms and conditions is judged illegal or unenforceable for any reason the continuation in force of the remainder of these terms and conditions will not be prejudiced.