Terms & Conditions

of contracting Jonathon Conte as your McKenzie Friend

www.mckenziefriend-jc.co.uk

 

For the purposes of these terms & conditions, Keep Calm McKenzie Friend will be referred to as KCMF

 

By appointing KCMF as your McKenzie Friend you understand and accept that:

 

1. KCMF can only work with what you the client tell us and the documents/court bundle provided. KCMF accept no liability for misinformation and/or inaccurate information.
    

2. KCMF accept no liability for the outcome of your court case, we only assist, advise and guide you to achieve the result that you desire. But it is important that you note that there are many factors that the courts take into consideration and there is no guaranteed outcome.
    

3. In the event of you failing to pay for our services provided, KCMF will have no alternative but to pursue you for outstanding fees. This may include pursuing you through the small claims court and this process could also accrue additional charges in addition to the outstanding amount.
    

4. On accepting KCMF as your McKenzie Friend, you understand that you remain solely responsible for the independent service provided and that there is no liability on us for any advice, case management or work provided by KCMF.
    

5. KCMF accept no liability with respect to any personal or business losses arising out of advice or proceedings associated with your case.
    

6. KCMF accept no liability with respect to any personal or business losses, including (without limitation), loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities of goodwill.
    

7. KCMF accept no liability with respect to any loss or corruption of any data, database or software.
    

8. KCMF accept no liability with respect to any special, indirect or consequential loss or damage.
    

9. Whether a McKenzie Friend has professional liability / indemnity insurance or not is solely a matter between yourself and your McKenzie Friend.
    

10. You understand that McKenzie Friends are in the majority, not legally qualified and hold no qualifications professional or academic in law. It is your responsibility to establish the information that you are satisfied with in terms of experience or any qualifications when deciding on appointing KCMF as your McKenzie Friend.
     

11. Nothing prevents you from seeking qualified and professional legal advice at any time.
     

12. As your McKenzie Friend, KCMF will record all works done and this can be viewed by you any time by written request.
     

13. All payments for works to be done must be deposited in advance of work done and/or attending court.
     

14. You give permission for KCMF to approach other McKenzie Friends to seek advice on any aspect of your case. You also consent for information and documents to be shared in order to assist with seeking such advice. You accept that any advice given is purely an informal third-party independent opinion and no liability can be held against that advice. At anytime you can seek independent professional advice from a lawyer.
     

15. Calls may be recorded for training and quality control purposes.
     

16. Cancellation / Rescheduling of court days (% of costs taken from booking fee): 21+ days notice = 25%     14 to 20 days notice = £50%     8 to 13 days notice = 75%     7 days or less = 100%
     

17. Closing a case prematurely: A £50 surcharge is applied when a client closes a case early due to seeking representation, withdrawing from proceedings or being unable to fulfil their payment agreement.
     

18. Your deposit and any other payments made to KCMF is done so on a STRICTLY NON-REFUNDABLE basis.
     

19. Instalment plan - (Overdue payments): A monthly surcharge of £50 will be added to your bill for late payments. Additionally, your instalment plan will become void and full payment will be required within 7 days.

 

DATA & PRIVACY POLICY

 

Privacy Policy: This privacy policy explains how KCMF collect, use and retain the information that you provide. To submit information to KCMF, you have agreed with the terms of this policy. If you do not agree to this policy, please do not give KCMF your information.

 

How KCMF receive information: Through the personal information that you send via the KCMF website forms. Through phone calls to our office line or mobile phone(s). Through face to face meetings. Through Social Media. Through client referrals. KCMF may obtain information from third parties if you gave them permission to share it with us. By those either on our client referral scheme or informally by others i.e. friends and family. Via e-mail. Via post (please ensure anything sent by post is recorded delivery).

You have the right to request that your information is not to be used at any point.

To do so, please contact KCMF at: admin@mckenziefriend-jc.co.uk

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The information KCMF collect: The personal information collected may include but is not limited to;

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Name, email address, postal address (including postcode), phone number, bank or credit card details, family details, lifestyle and social circumstances, goods and services, financial details, education, training and employment details, physical or mental health details, racial or ethnic origin, political opinions, religious, philosophical or other beliefs, Trade Union Membership, sex life or sexual orientation, genetic data, biometric data for identifying a natural data, medical data, blood / alcohol / analysis data, criminal proceedings, outcomes and sentencing, multi-media and online public forums, any other data relevant to the legal case or provided in good faith but not relevant.

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* KCMF do not knowingly collect information from children (under 18s). KCMF do not collect information from any other third party without consent.

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How KCMF use this information: KCMF will use and store your personal information to administer our service and work on your case.

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Examples include: Providing information and advise you requested. Booking an appointment for client support. Keeping a record of the support a client has received. To pass your details to a suitable independent legal representative or McKenzie Friend that you have personally requested. KCMF obliged to share your information without consent to professional services if we feel that it is proportionate and required where a crime has been committed, that there is a likely risk of significant harm to yourself, any other person or property and/or to detect and prevent crime.

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How KCMF protect personal information: The safety and security of your personal information is important to KCMF and we try to implement the safeguards needed to protect it, ensure it is accurate, and keep it up to date - such as:

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• Information is stored and received on a computer hard drive and backed up on a hard drive.

• Printed papers are held for the duration of a court case and then securely disposed of after 12 months after the conclusion of a case.

• E-mails are received and sent by Google mail or other alternative professional E-mail providers.

• Phone messages are deleted once accessed.

• Regular anti-virus scanning of hardware devices.

• Recycling hardware through certified vendors to ensure secure deletion of any information on hardware being disposed of.

 

Unfortunately, no matter what safety measures are implemented, information sent via the internet can never be guaranteed to be fully secure. Even though KCMF do our best to ensure your personal information is safe, we cannot guarantee that the information you provide online or via email is fully secure. Information you send via internet or post is therefore sent at your own risk.

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Will KCMF disclose the information we collect to outside parties? KCMF will not sell, distribute or lease your personal information to third parties outside of these Terms and Conditions unless I have your permission or are required to do so by law or for regulatory reasons.

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Retention of your information: KCMF aim to hold your information for only as long as necessary for the relevant activity. KCMF aim to delete all electronic records and destroy paper records after 12 months of your case concluding. An exception is if you wish to hold open your account in the expectation that you may need post court support or if a return to court is likely.

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If you opt-out of communications, KCMF normally keep the minimal amount of personal information needed to ensure your request is carried out (e.g. name, email, and address). If you ask KCMF to completely remove all of your information, we will do our best to carry out your request but may not be able to if KCMF was unable to keep the information required to track your request.

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If your personal details change, please help KCMF to keep your information up to date by notifying us at: 
admin@mckenziefriend-jc.co.uk

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Your rights: For any personal information of yours that KCMF hold, you have the right to request:

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• That KCMF verify, correct, restrict use of, and/or erase your information. To do so, email admin@mckenziefriend-jc.co.uk Note; any information you shared via social media channels may remain after KCMF carry out your requests on your information in our systems.

• What information you receive (e.g. annual report, thank you letters, invitations to events, etc.) and how you receive it (i.e. phone, email, and/or post).

• A copy of the information we hold about you by emailing us at: admin@mckenziefriend-jc.co.uk

 

You also have the following rights under GDPR regulation, more information on these can be found on the ICO’s (Information Commissioner’s Office) guidance:

LINK: https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/

• The right to be informed

• The right of access

• The right to rectification

• The right to erasure

• The right to restrict processing

• The right to data portability

• The right to object

• Rights in relation to automated decision making and profiling.

 

KCMF may require proof of identity prior to fulfilling your request and will respect your requests unless unable to do so for legal reasons (e.g. inability to delete donation information for auditing reasons). If KCMF are legally unable to carry out your requests, KCMF will notify you along with the reason(s) why. For more details regarding exceptions to your rights, view the ICO’s guidance.

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Complaints regarding the processing of your personal data can be made to the ICO, however KCMF would appreciate the opportunity to address any issues you have with the way KCMF process your data and can be contacted at admin@mckenziefriend-jc.co.uk. If you are still unhappy after we have had the chance to discuss your complaint, you have the right to contact the ICO at any time.

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Privacy policy changes: KCMF are constantly reviewing how we process and protect data. Therefore, changes to this policy may occur at any time and KCMF reserve the right to amend this Privacy Policy. If we do so, we will post notice of the changes on our website. Please revisit this policy page each time you consider giving personal information.