Customer Portal Terms and Conditions
1. About Us
1.1 We are DLG Legal Services Limited, a company registered in England & Wales under company no. 08302561. Our registered office is at The Wharf, Neville Street, Leeds, LS1 4AZ where a list of our directors is available for inspection (“we”,“us” or “our”).
1.2 We are authorised and regulated by the Solicitors Regulation Authority under SRA number 611455. The SRA Code of Conduct and professional rules to which we are required to adhere are available via the SRA at www.sra.org.uk.
1.3 The Customer Portal (as defined below) together with the Customer Portal Content (as defined below) is provided for and on behalf of us by File Dynamics Limited , a company registered in England & Wales (company no. 09424085) whose registered office is at 43 Queen Square, Bristol, England, BS1 4QP.
2. Application of these terms
2.1 Our customer portal service at clientportal.dlglegalservices.com (the “Customer Portal”) is provided to you, the user (“you” or “your”) as a free online service. The Customer Portal is available to you in connection with any legal services that we are providing to you or have provided to you, subject to the terms of a letter of engagement made between us and you (“Client Retainer”), in order to allow you online access to information relating to your file or case (“Matter”). Through our Customer Portal, you may view all documents on your file, receive correspondence online or email the lawyer handling your case (“Case Handler”) to discuss any issues.
2.4 Our Cookies Policy can be found here: Cookies Notice.
2.5.1 the Client Retainer applies first;
2.5.2 our Customer Portal Terms apply second;
2.5.4 our Cookies Policy applies last.
2.6 These Customer Portal Terms apply to:
2.6.1 The information, data (including personal data), software or other material we make available to you through the Customer Portal (the “Customer Portal Content”); and
2.6.2 any documents, instructions or other information you upload or otherwise provide to us through the Customer Portal (“Client Data”) in connection with the provision of legal services by us. To the extent you provide Client Data to us, this will form part of the Customer Portal Content in respect of your Matter.
2.7 If you would like these Customer Portal Terms in another format (for example: audio, large print, braille), please contact us using the contact details set out below.
3.1 We will endeavour to provide continuous, functional, reliable and secure operation and access to the Customer Portal but any such operation and access is subject to the following conditions:
3.1.1 we will use appropriate protections and systems in accordance with good industry practice to ensure the Customer Portal is secure and virus free;
3.1.2 we cannot guarantee that the Customer Portal will be operational, functional and free from defects and viruses in circumstances where we have taken reasonable precautions in accordance with good industry practice;
3.1.3 we cannot guarantee uninterrupted and/or reliable access to the Customer Portal. Access to the Customer Portal may be interrupted temporarily in the case of system failure or due to other reasons beyond our control;
3.1.4 we reserve the right to withdraw the availability of the Customer Portal or any of the Customer Portal Content for reasons of maintenance or repair, system security, professional/regulatory obligations or other good cause;
3.1.5 we will endeavour to provide advance notice of any periods of scheduled downtime of the Customer Portal by placing a notice on the Customer Portal.
3.2 We will not charge you for using the Customer Portal.
4. Permitted use of the Customer Portal, Customer Portal Content and Client Data
4.1 You are allowed to use the Customer Portal only in accordance with these Customer Portal Terms, for the purpose set out in the terms of the Client Retainer and in such a way as to comply with all applicable laws and regulations. Your right to access and use the Customer Portal is personal to you and is not for the benefit of any third parties.
4.2 You may view, download and print out the Customer Portal Content from the Customer Portal. We will provide all information relating to your Matter exclusively through the Customer Portal unless you tell us otherwise or there is a legal or other need to use other means of communication. If you wish to receive the Customer Portal Content through other means of communication (e.g. by post), please ask your Case Handler.
4.3 You may contact us through the Customer Portal to provide Client Data, including to provide us with instructions, to approve documents, to upload documents or to provide other information relating to your Matter. Where you provide Client Data to us:
4.3.1 when using the document signing function, we will ask you to provide consent or approval to certain documents (however, no actual signature is required);
4.3.2 where you provide us with your bank details, we will pay any award of compensation directly to your bank account using the bank details you have given;
4.3.3 we will accept any instructions you give us as genuine bona fide instructions which have been provided by you and we will proceed on the basis of such instructions unless we have reasonable cause to believe otherwise;
4.3.4 we will not expect or require you to provide the same Client Data in other formats (such as paper copies posted to us) unless we notify you of a particular need;
4.4 You shall only use the Customer Portal in a manner that is consistent with these Customer Portal Terms and the Client Retainer and in particular you shall not and shall not attempt to:
4.4.1 copy, distribute or use the Customer Portal Content whether in electronic, hard copy or other format other than for the purpose set out in the Client Retainer;
4.4.2 seek unauthorised access to the Customer Portal, our network or computer system other than that which has been identified as being available to you through the password(s) notified to you, or any other area of our network or computer system;
4.4.3 create a link to the Customer Portal from another website or document(s) without obtaining our prior written consent;
4.4.4 insert or knowingly or recklessly transmit or distribute a virus, trojan horse or corrupted data into our network and computer systems;
4.4.5 access any Customer Portal Content other than by using the links and searches made available on authorised access to the Customer Portal in accordance with these Customer Portal Terms;
4.4.6 circumvent any of the security safeguards;
4.4.7 cause annoyance to other users of the Customer Portal;
4.4.8 corrupt, delete or otherwise damage any Customer Portal Content;
4.4.9 misuse or damage the Customer Portal by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful (including but not limited to denial-of-service attacks);
4.4.10 assist, encourage or permit any other person to do any of the things described in clauses 4.4.1 to 4.4.9 above.
4.5 In the event that you do not comply with the terms of clause 4.4 above, we retain the right to suspend your access to the Customer Portal.
5. Passwords and problems
5.1 We shall provide you with passwords, which we may change at our discretion and without notice. The password provided is for your use only and is not transferable to any third party.
5.2 You must ensure that your password remains secure and confidential. We reserve the right to suspend your access to the Customer Portal if we know or suspect that your passwords and login details have been shared with a third party who is not authorised to access the Customer Portal.
5.3 You shall keep the password confidential and you shall notify us immediately of any actual or suspected unauthorised use of your password(s), by email to: [email protected].
5.4 If you believe or if there is good cause to believe that you have been granted access to the Customer Portal by mistake, you must not download it, copy it or use it for any purpose or disclose its contents to any other person; and you must leave the Customer Portal immediately and contact us by email at: [email protected].
5.5 If we have notified you that you are permitted to access the Customer Portal but you are unable to obtain access to it, please contact us by email at: [email protected].
6.1 For information about the cookies used by the Customer Portal, please consult our Cookies Policy.
7. Intellectual property rights
7.1 All copyright and all other intellectual property rights existing in the Customer Portal and the Customer Portal Content (including, but not limited to, all design, text, graphics and the selection or arrangement thereof) are and remain our property subject to clause 7.2.
7.2 All copyright and all other intellectual property rights existing in Client Data are and remain your property save that we are licensed to use it for the purposes of pursuing your Matter, storing it on the Customer Portal and to the extent we need to use it for legal and regulatory purposes.
7.3 The expression ‘copyright’ shall include the entire copyright, design right, rental right, right to authorise or prohibit lending and data right subsisting now or created at any time.
8. Links to third-party websites
8.1 The Customer Portal may contain links to websites owned and/or operated by third parties. We make no representations or warranties as to the accuracy or completeness of any of the information appearing on such linked websites or as to the suitability or quality of any of their products or services.
8.2 The links to third party websites are provided for your information and convenience only and are not an endorsement by us of the content of such linked websites.
8.3 If you decide to follow a link to any third party website and make use of any information contained on them and/or enter into any contract for the supply of goods or services from such third-party, you do so entirely at your own risk.
8.4 You are responsible for checking the terms and conditions of any third party websites that you may visit.
9.1 Our liability to you arising out of our provision of the Customer Portal and your use of the Customer Portal and the Customer Portal Content shall be limited as follows:
9.1.1 Our liability to you in respect of the provision of legal services to you is subject to the terms of the Client Retainer. To the extent that we are in breach of contract or breach of duty or fault or negligence or otherwise arising out of or in connection with the use of the Customer Portal, our total liability shall be limited in accordance with the provisions of this clause 9.1 and of clause 9.2:
22.214.171.124 we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Customer Portal Terms or our negligence but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Client Retainer; and
126.96.36.199 where our legal services to you consist of reserved legal activities, our total liability in respect of breach of contract or breach of duty or fault or negligence or otherwise arising out of or in connection with the use of the Customer Portal shall be limited to £3 million which covers claims of any sort whatsoever (including but not limited to interest and costs). For the purpose of this clause, “reserved legal activities” means those activities that are reserved legal activities under the Legal Services Act 2007 and includes the exercise of a right of audience, the conduct of litigation, reserved instruments activities, probate activities, notarial activities and the administration of oaths; or
188.8.131.52 in all other cases, our total liability in respect of breach of contract or breach of duty or fault or negligence or otherwise arising out of or in connection with the use of the Customer Portal shall be limited to £3 million, which covers claims of any sort whatsoever (including but not limited to interest and costs); and
9.1.2 we accept no liability for any loss or damage to the extent such loss or damage has arisen from:
184.108.40.206 any act or omission by you;
220.127.116.11 any event of force majeure, being any circumstances beyond our reasonable control including: acts of God, flood, earthquake, windstorm or other natural disaster; war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions; terrorist attack, civil war, civil commotion or riots; nuclear, chemical or biological contamination or sonic boom; fire, explosion or accidental damage; wilful or criminal damage or theft by a third party; loss at sea; extreme adverse weather conditions; collapse of building structures; epidemic, pandemic or analogous public health crisis; interruption or failure of utility service, including but not limited to electric power, gas or water; and labour disputes including but not limited to strikes, industrial action or lockouts;
18.104.22.168 where we have acted in accordance with our regulatory or professional obligations;
22.214.171.124 in connection with your use of or reliance on any information, material, products or services contained or accessed through any websites owned or operated by third parties; and
9.1.3 our liability to you shall further be limited to that proportion of the loss or damage (including interest and costs) suffered by you which is ascribed to us by a court of competent jurisdiction allocating proportionate responsibility to us having regard to the contribution to the loss and damage in question of any other person (loss or damage having the same meaning as in the Civil Liability (Contribution) Act 1978).
9.2 Nothing in these Customer Portal Terms limits or excludes our liability for:
9.2.1 death or personal injury caused by our negligence;
9.2.2 fraud or fraudulent misrepresentation or a reckless disregard of professional obligations on our part;
9.2.3 any other liability for which exclusion or restriction is prohibited by law, including any breach of the terms relating to satisfactory quality, fitness for purpose, description, the requirement to provide pre-contract information and the right to supply under the Consumer Rights Act 2015.
10.1 Nothing in these Customer Portal Terms shall establish a client and solicitor relationship between you and us save that this is not intended to interfere with the solicitor and client relationship set out in the Client Retainer.
10.2 Each of the provisions of these Customer Portal Terms operates separately. If any provision of these Customer Portal Terms is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of these Customer Portal Terms and the remainder of such provision shall continue in full force and effect.
10.3 Failure or delay by either party in enforcing or partially enforcing any provision of these Customer Portal Terms will not mean that that party has waived any of its rights under these Customer Portal Terms. If either party does waive a default by the other party, such waiver shall be in writing. Any waiver by a party will not mean that such party will automatically waive any later default by the other party.
10.4 The Customer Portal Terms form a contract between you and us. These Customer Portal Terms are not intended to and do not confer any rights on any third party under the Contracts (Right of Third Parties) Act 1999.
10.5 Any dispute or claim arising out of or in connection with these Customer Portal Terms or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law; and any such dispute or claim (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.
11. Contacting Us
11.1 In the event that you need to contact us you can do so by the following means:
11.1.1 by email to [email protected] or
11.1.2 by telephone on 0344 892 8000; or
11.1.3 by post to DLG Legal Services, PO Box 1195, Churchill Court, Westmoreland Road, Bromley, Kent, BR1 9YG.
11.2 In the event that you are emailing or writing to us please include details of your client reference number to help us to identify you.
11.3 If we have to contact you we will use the email address or postal address that you provided to us in the Client Retainer.
11.4 Any complaints relating to your case should be addressed to your Case Handler (whose details are set out in the Client Retainer). If you have any technical problems accessing the Customer Portal, please contact us at [email protected] and we will try to resolve the issue as soon as possible.