Our GDPR and terms conditions


Terms of Business
At BK Gill Solicitors we aim to provide you with the highest quality of service and to handle your instructions to us with professional skill, care and attention while maintaining a friendly ‘personal family solicitor’ approach. These Terms of Business are intended to make clear, in as straightforward a manner as possible, the way we carry out work on your behalf. They are not intended to limit or restrict our professional duty in any way. If work has already commenced on your matter then, unless you notify us immediately in writing to the contrary, you agree that these terms of business apply retrospectively from the start of the work on the matter. They will be deemed to apply for this and all subsequent transactions, unless otherwise notified to you in writing. If you have any doubts or concerns about any of the following terms and conditions, please ask and we will be happy to explain.
Quality Service
In all our dealings with our clients we aim to provide a high quality service, to find out what our clients want, and achieve it. We try to work quickly and efficiently, and we hope you find us friendly and approachable. At the end of the transaction we hope you will think our fee represents good value for money.
Contacting Us
Our office hours are from 9 am to 5 pm, Monday to Friday. Our telephones are answered during office hours (Tel: 0141 942 3007). If we are unable to take your call, or if we are closed for a local or statutory holiday, you can leave a message on our Answering Machine service. Our FAX line (0141 626 1404) is open at all times and our Mrs Gill can also be contacted on her E-mail address: bel@bkgillsolicitors.com or bkgillsolicitors.com or her mobile 07891348810. We are also available to meet with clients where essential in the evenings by prior appointment.
Free Initial Meeting
We will be happy to have an initial telephone discussion or meeting with you to decide whether we can be of help to you. There will be no charge for this.
Instructions
Instructions may be given to us in writing or verbally. We may ask you to confirm in writing the terms of verbal instructions given to us, which, when required, should be done by return of post. If there is any change in your instructions you must notify us immediately. If you wish anyone other than yourself to give us instructions or information, you must confirm this in writing. You must let us have full details of each matter so that we can advise on the issues raised and how they may be dealt with. We rely on the information given to us by you to understand your position and to carry out our work. It is very important that we are given as much information as possible and are told about anything that may be relevant to the work we are instructed to carry out for you.

Communication by external E-mail
We may communicate with you electronically unless you expressly request otherwise. We may also receive electronic communications from you. The electronic transmission of information by e-mail or otherwise has inherent risks and you understand that such communications may become lost, delayed, intercepted, corrupted or be otherwise altered, rendered incomplete or fail to be delivered. We shall use our reasonable endeavours to ensure that electronic communications are free from viruses and any other material which may cause harm to any other computer system. You undertake to do likewise with any electronic communication sent by you. You accept that because electronic transmission of information cannot be guaranteed to be secure or error-free and that its confidentiality may be vulnerable, we shall have no responsibility or liability in respect of such matters other than arising from our bad faith or wilful default.
How Long Will It Take?
The nature of legal work often makes it difficult to estimate precisely how long something will take to complete. When we discuss your requirements at the outset we will also discuss time scales. We do attempt to meet these – even to beat them – and always to deal with everything as quickly and efficiently as possible. Please remember that quite often the speed at which work can be completed is affected by the co-operation (or lack of it) that we receive from other people out with our control.
Law Society of Scotland
Like all Scottish solicitors, we are members of The Law Society of Scotland and subject to its Professional Rules.
Your Work
We believe it is very important that you are well informed about the progress of your work. We will advise you at regular intervals regarding the progress of your work and keep you informed of all significant developments. If you are uncertain about what is happening at any time, please ask.
Liability
Unless we agree otherwise in writing, we shall assume that where we act for more than one person but only one of them tells us what to do, that person has the authority of the other(s) to do so. Where we do act for more than one person, each person for whom we do work is equally responsible for the instructions given to us and for payment of our fees and outlays in connection with that matter. If you do not understand what this means, please ask us to explain.
Private Limited Companies
If we are given instructions by a private limited company then, unless otherwise agreed with you in advance, it is a condition of our accepting these instructions that the directors are jointly and severally liable along with the company for payment of our fees and costs and any interest thereon.

Cost and Estimates
The basis on which we shall charge your fees will be as per our fee estimate. Please note that this fee is subject to change as referred to below. If for whatever reason your transaction does not complete and work has been carried out by us on your behalf you will be charged a fee for that work.
Our fees are based on a number of factors including: the complexity of the work or matter; the importance and value of the subject matter; the time spent on your work; the volume and importance of documents to be prepared or reviewed; the degree of urgency (including any significant overtime requirements); the seniority of the personnel involved. Time spent by our personnel may include advising, meeting you and others, considering documentation, entering into correspondence, research, engaging other advisors, telephone calls, travelling and waiting time. Where a basic hourly charge rate has been indicated it is that which is then current. As and when our hourly charge rates are reviewed, the amended rate will be applied. Photocopies, couriers etc and disbursements to third parties will be charged in addition.
We are generally prepared to provide estimates of our charges or where appropriate a fixed fee quotation. Any estimate that may be given will be a probable fee based on our experience of the work you have asked us to do. It should be treated as a guide only and may not be regarded as an agreement to provide a service for a fixed fee or within a fixed time period, unless otherwise agreed. If the work turns out to be more complicated or takes longer than we anticipated we may require to review our estimate or quotation to take account of this. We shall inform you as soon as possible about this. Estimates or fixed fee quotations will always be subject to review if the nature and/or amount of the work involved changes as the instruction proceeds. Where possible we will provide you with a written updated estimate of costs as soon as it appears to us that an estimate or fixed fee quotation needs revision. Unforeseen complications or developments may have cost implications and you should notify us of these as soon as you are aware of them.
In certain types of work there is frequently considerable uncertainty as to the likely fee as this will be entirely dependent on what happens in the course of the conduct of the matter. Consideration also needs to be given as to whether it makes economic sense from a cost point of view to pursue a particular matter.
Billing Frequency
Our bills may be issued on an interim basis as work in progress accumulates, or on completion of, or at a natural break in the course of the relevant matter unless a separate agreement is reached with you in writing. As appropriate we may ask clients to make a payment on account of fees and outlays at the outset and during the conduct of the work.
Payment to Us
If you require to make any payment to us and it is your intention to make payment by means of a personal cheque, please ensure that your cheque arrives with us no later than seven days before the required date to allow time for clearance. If you would prefer to make payment by means of a bank draft or building society counter cheque, please arrange to forward this to us no later than three working days before the date required. In addition, you must also obtain a letter from your bank or building society confirming that the bank draft or building society counter cheque was drawn from an account in your name, or provide us with a photocopy of your passbook or statement showing the funds being uplifted from an account in your own name. In order to comply with the Money Laundering Regulations and Proceeds of Crime legislation we cannot accept cash of more than £750.
Accounts
In all transactions for the purchase and sale of property our account (including outlays) must be paid on or before the date of entry. In other matters we will issue our account either at the end of the matter or at regular intervals. Payment is due within thirty days of the date of the account. If not paid within this time we reserve the right to charge interest on the whole sum overdue, at 4 per cent over the Bank of Scotland base rate. If you do not pay our account on time, we reserve the right to stop working for you and to charge you fully for the amount of work we have done for you.
Legal Aid

We do not undertake any work under the Legal Aid Scheme but will be happy to introduce you to a firm which does if you consider that you may be eligible.

Deduction of Fees and Outlays at Source
Where we receive sums which belong to you we shall be entitled to deduct from those sums all outstanding fees and outlays before sending you the balance. Please note that our bank charges a fee of £30 + VAT for all telegraphic transfers of funds we undertake on your behalf, for example, this can be for transferring on your behalf of the purchase price to the sellers’ Solicitors.
Responsibility For Fees And Outlays Payable By A Third Party
In matters where someone else has said that they will pay your fees and outlays, if they fail to do so you will be responsible for paying them.
Costs Paid On Your Behalf
Where fees, outlays and expenses are paid by us for you we will require to be repaid by you within seven days of asking you. We reserve the right not to pay any expenses on your behalf unless you have paid them in advance. Provided that you have been told by us of the consequences of non-payment, we will not be liable to you for any penalties or other loss caused by the non-payment if you have not put us in funds to make payment on your behalf.
Independent Fee Assessment
If you are unhappy with the amount of our fees or, without our having told you, they exceed any estimate supplied, you may ask an independent Law Accountant to check our fees. Should this not resolve matters you can raise your concerns with the Auditor of Court to make the final decision. These officials are independently appointed. If the Auditor reduces the amount of our fees we shall only charge that reduced amount and we shall pay the Auditor’s costs. If he confirms that our fee is correct, or could have been higher, then you will be responsible for the Auditor’s costs in addition to the fee and, at our discretion, any increase to which we are entitled according to the Auditor.

Outstanding Monies
You are entitled to change solicitors at any time but are responsible for the fees and any other outstanding payments due to us until the time of change. We are entitled to hold any title deeds, files or other papers until payment.
Limitation of Liability
The total aggregate liability (including liability for interest) of the firm, its Partners and employees, whether in contract or delict (including negligence or otherwise) to you arising from or in connection with the work carried out by us on your behalf shall not exceed the level of our professional indemnity insurance cover for the time being at the date of intimation of any claim relative to such work (further details of our indemnity insurance cover are available on request). This limitation applies notwithstanding any express or implied term or condition of our letter of engagement but will not apply to any acts, omissions or representations which are criminal, dishonest or fraudulent on the part of the firm.
Confidentiality
Information passed to us is kept confidential and will not be disclosed to third parties, save as authorised by you or required by law.
Copyright and Third Parties
All copyright in documents we produce is reserved to us. Advice given and documents prepared are for your use only and may not be copied or used by any third party without our express written consent.
File Scanning
We are required by the rules of The Law Society of Scotland to keep the file which we hold on your behalf. In certain cases we are required to keep the file for up to 10 years. It is our firm’s policy that at the end of each transaction or piece of work the file is scanned onto a CD-Rom which is then retained in our office for safe keeping. After a period of 6 months the paper file is destroyed. This will allow quick retrieval of any information from the file on CD-Rom. We have a state of the art electronic storage system for all our clients’ documentation and transactional correspondence which is operated by Kirklands for a small charge of £15 + VAT. We take our security very seriously and therefore all transactions are subject to the same secure electronic storage charge.
Client Relations Partner
If you are unhappy about the legal advice you have been given, the quality of service provided or the way you have been treated you should, in the first instance, take the matter up with the person with whom you have been dealing. If, having done, so you are still not satisfied or, if you prefer, please raise the matter with our Client Relations Partner, who has responsibility for quality matters. That Partner will ensure that any such complaint is fully investigated and that you receive a response within ten working days. If you are still dissatisfied you are always entitled to take the matter up with the Scottish Legal Complaints Commission.

Data Protection Act
For the purposes of data protection legislation please note that by instructing us you accept and agree that personal information about you will be held on our computer system in the manner noted in the Appendix.
The Money Laundering Regulations
The Money Laundering Regulations, the Proceeds of Crime Act 2002 and Anti-Terrorism legislation require us to be satisfied as to the identity of our clients and as to the source of any funds passing through our hands. In order to comply with these Regulations, we will ask you for proof of identity and other information in relation to these matters. We reserve the right to withdraw from acting for you if you fail to provide us with the information requested of you and required in connection with our Money Laundering Procedures.
We may also require to verify your identity using an online agency. In order to comply with the above-mentioned Regulations, we may be obliged to disclose information to the relevant authorities regarding any clients’ transactions. Please note also that we are not able to make payments to you in cash. Should we know or suspect that criminal property is involved, including tax evasion or benefit fraud, then you should not rely on our duty of confidentiality.
Client funds
We are members of the Law Society of Scotland and subject at all times to its rules and regulations. In accordance with these, all funds received by us on our clients’ behalf are held separately from our own funds in clients’ accounts
Conflict of Interest
We cannot act for two or more parties if they have conflicting interests. Please advise us at the outset if you are aware of potential conflicts which may arise. We may need to decline your instructions if there is such a conflict. If you or we become aware of a possible conflict in the course of our acting for you we may require to cease acting on your behalf. You will remain responsible for our fees for the period to the date on which we cease to act.
Extent of Professional Advice
Unless otherwise stated, all advice given and work undertaken by us will relate to legal matters only. We do not advise on matters where regulated activities are involved or specialist advice is necessary, for example, in relation to Financial or Investment Advice, Tax and Accountancy matters or Environmental and Ecological issues. Should you have any doubts about the need for additional advice then please ask us.
Whole Agreement
These terms and conditions, together with any letter and/or schedule of costs accompanying them, constitute the whole agreement between us.
Applicable law
These terms and conditions are governed by the law of Scotland and are subject to the non-exclusive jurisdiction of the Scottish Courts.

Property/Conveyancing Matters
Standard Clauses Offer
There is now a standard form of contract for the purchase and sale of residential property across most of Scotland, which has been adopted by many firms of solicitors, including ourselves. We will also seek to use the Standard Clauses in any sale although it is possible that the purchaser’s solicitor may choose not to do so, in which case we will send you a copy of the relevant contract letters and discuss the terms of these with you in detail at the relevant time.
The Standard Clauses are intended to be self-explanatory but if you have any questions about the terms used or the topics covered then please advise us so that we can discuss them with you. If you are purchasing a property please be aware that by instructing us to submit an Offer (or if the Offer is “subject to Survey” and you subsequently instruct us to withdraw the “Survey” clause following your receipt of a verbal or written Survey Report) you must be willing to be legally bound to purchase the property. It is possible that the seller’s solicitor may issue a formal letter accepting the Offer which would result immediately in a legally binding contract. You should, therefore, not instruct us to submit an offer for a property unless you are willing to be legally bound to the purchase.
General
If any documentation is requested from clients, e.g. Building Warrants, planning permissions, title deeds, these ought to be provided within 72 hours or as soon as is practical.
Whilst we will examine title deeds, searches and reports, we are not responsible for examining title or investigating planning or other matters on properties neighbouring or adjoining the property being acquired.
Clients are asked to remember that quotations of fees are liable to amendment in the event of the work required involving more than normal time, being of an unusually complex nature or additional to the transaction instructed. If additional fees are chargeable, this will be on a time and line basis appropriate to the work done and the solicitor carrying it out.
We are not registered for financial advice in respect of mortgage lending or related services. We do not arrange mortgages. We take no responsibility for the provision of mortgage papers or funds which are matters generally beyond our control. We require to receive from the lender the necessary loan papers and all supporting information and documentation no later than 7 days before the due date of drawdown of funds. All provision of documentation and information required by the lender to issue the loan or mortgage offer in the first place is a matter strictly between the client, the lender and any mortgage adviser or broker instructed or consulted by the client.
We do not arrange buildings insurance for properties being purchased, sold, re-mortgaged or leased. Clients are required to ensure there is adequate insurance cover on property whether or not their mortgage lender is arranging cover.
Clients are asked to note that whilst we will explain the progress of both a sale and a purchase transaction as they proceed, it is at clients’ own risk if they conclude missives – that is, form a binding contract – for purchase before any corresponding sale is concluded or achieved where they require the funds from the sale price to assist in the purchase.
Where the client is to provide us with a deposit or other funds to complete the transaction, it is essential that such funds have cleared fully into our bank account no later than 48 hours before the due date of payment. Please note that cheques and bank drafts require clearance days. We cannot use or pay out monies to 3rd parties on the basis of funds not yet cleared through our account. Please also note the Money Laundering notes above. We may require the client to provide information and documentation to allow us to verify the legitimacy of funds as we are obliged by law to do, and in the absence of such information and documentation we shall not be obliged to progress the relative transaction.
Survivorship Clauses
Where we are instructed by more than one person in a property purchase transaction we shall assume that the title to the property concerned is to be taken in the joint names of those persons in equal shares unless we receive instructions to the contrary. We will not include survivorship clauses (clauses to the effect that on the death of one of the parties, their share of the property is to pass automatically to the survivor(s)) without specific instructions to that effect from all of the parties instructing us.
Post Settlement Claims
In ordinary course the fee which we charge for a sale or purchase transaction does not include any work carried out for post settlement claims raised in terms of the missives. However, as a gesture of goodwill we will normally write 2 to 3 letters on clients’ behalf to help to resolve any matters. If further work in respect of such matters is instructed, we will charge for the work at our normal hourly rates.

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Appendix
Introduction
BK Gill Solicitors is a law firm and provides legal advice and assistance to its clients. It is regulated by the Law Society of Scotland.
The personal data that BK Gill Solicitors processes to provide these services relates to its clients and other individuals as necessary, including staff and suppliers’ staff.
This policy sets out BK Gill Solicitors’ commitment to ensuring that any personal data, including special category personal data, which BK Gill Solicitors process, is carried out in compliance with data protection law. BK Gill Solicitors processes the personal data of clients from all over the world, including the personal data of a large number of non-EU citizens, but is committed to ensuring that all the personal data that it processes is done in accordance with data protection law. BK Gill Solicitors ensure that good data protection practice is embedded in the culture of our staff and our organisation.
BK Gill Solicitors’ other data protection policies and procedures are (these should be considered and may not all be necessary):
• record of processing activities
• privacy notices (website, clients, employees)
• personal data breach reporting process and a breach register
• data retention policy
• data subject rights procedure
• data protection impact assessment process
• IT security policies
‘Data Protection Law’ includes the General Data Protection Regulation 2016/679; the UK Data Protection Act 2018 and all relevant EU and UK data protection legislation as amended and updated.
Scope
This policy applies to all personal data processed by BK Gill Solicitors and is part of BK Gill Solicitors’ approach to compliance with data protection law. All BK Gill Solicitors’ staff are expected to comply with this policy and failure to comply may lead to disciplinary action for misconduct, including dismissal.
Data protection principles
BK Gill Solicitors comply with the data protection principles set out below. When processing personal data, it ensures that:
• it is processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’)
• it is collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes (‘purpose limitation’)
• it is all adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed (‘data minimisation’)
• it is all accurate and, where necessary, kept up to date and that reasonable steps will be taken to ensure that personal data that is inaccurate, having regard to the purposes for which they are processed, is erased or rectified without delay (‘accuracy’)
• it is kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed (‘storage limitation’)
• it is processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’)
BK Gill Solicitors will facilitate any request from a data subject who wishes to exercise their rights under data protection law as appropriate, always communicating in a concise, transparent, intelligible and easily accessible form and without undue delay.

Process/procedures/guidance
BK Gill Solicitors will:
• ensure that the legal basis for processing personal data is identified in advance and that all processing complies with the law
• not do anything with your data that you would not expect given the content of this policy and the fair processing or privacy notice
• ensure that appropriate privacy notices are in place advising staff and others how and why their data is being processed, and, in particular, advising data subjects of their rights
• only collect and process the personal data that it needs for purposes it has identified in advance
• ensure that, as far as possible, the personal data it holds is accurate, or a system is in place for ensuring that it is kept up to date as far as possible
• only hold onto your personal data for as long as it is needed, after which time BK Gill Solicitors will securely erase or delete the personal data – BK Gill Solicitors data retention policy sets out the appropriate period of time
• ensure that appropriate security measures are in place to ensure that personal data can only be accessed by those who need to access it and that it is held and transferred securely
BK Gill Solicitors will ensure that all staff who handle personal data on its behalf are aware of their responsibilities under this policy and other relevant data protection and information security policies, and that they are adequately trained and supervised.
Breaching this policy may result in disciplinary action for misconduct, including dismissal. Obtaining (including accessing) or disclosing personal data in breach of BK Gill Solicitor’ data protection policies may also be a criminal offence.

Data Subject Rights
BK Gill Solicitors have processes in place to ensure that it can facilitate any request made by an individual to exercise their rights under data protection law. All staff have received training and are aware of the rights of data subjects. Staff can identify such a request and know who to send it to.
All requests will be considered without undue delay and within one month of receipt as far as possible.
Subject access: the right to request information for a nominal fee of £10 about how personal data is being processed, including whether personal data is being processed and the right to be allowed access to that data and to be provided with a copy of that data along with the right to obtain the following information:
• the purpose of the processing
• the categories of personal data
• the recipients to whom data has been disclosed or which will be disclosed
• the retention period
• the right to lodge a complaint with the Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF
• the source of the information if not collected direct from the subject, and
• the existence of any automated decision making
Rectification: the right to allow a data subject to rectify inaccurate personal data concerning them.
Erasure: the right to have data erased and to have confirmation of erasure, but only where:
• the data is no longer necessary in relation to the purpose for which it was collected, or
• where consent is withdrawn, or
• where there is no legal basis for the processing, or
• there is a legal obligation to delete data
Restriction of processing: the right to ask for certain processing to be restricted in the following circumstances:
• if the accuracy of the personal data is being contested, or
• if our processing is unlawful but the data subject does not want it erased, or
• if the data is no longer needed for the purpose of the processing but it is required by the data subject for the establishment, exercise or defence of legal claims, or
• if the data subject has objected to the processing, pending verification of that objection
Data portability: the right to receive a copy of personal data which has been provided by the data subject and which is processed by automated means in a format which will allow the individual to transfer the data to another data controller. This would only apply if BK Gill Solicitors was processing the data using consent or on the basis of a contract.
Object to processing: the right to object to the processing of personal data relying on the legitimate interests processing condition unless BK Gill Solicitors can demonstrate compelling legitimate grounds for the processing which override the interests of the data subject or for the establishment, exercise or defence of legal claims.

Special category personal data
This includes the following personal data revealing:
• racial or ethnic origin
• political opinions
• religious or philosophical beliefs
• trade union membership
• the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person
• an individual’s health
• a natural person’s sex life or sexual orientation
• criminal convictions or offences
BK Gill Solicitors process special category data of clients and third parties as is necessary to provide legal services for the establishment, exercise or defence of legal claims.
BK Gill Solicitors process special category data of employees as is necessary to comply with employment and social security law. This policy sets out the safeguards we believe are appropriate to ensure that we comply with the data protection principles set out above. BK Gill Solicitors also have a data retention policy which sets out how long special category data will be held onto.

Responsibility for the processing of personal data
The partners of BK Gill Solicitors take ultimate responsibility for data protection.
If you have any concerns or wish to exercise any of your rights under the GDPR, then you can contact the data protection lead in the following ways:
Name: Beljit Kaur Gill
Address: 1 Rannoch drive Bearsden G61 2JW
Email: bel@bkgillsolicitors.com
Telephone: 0141942 3007

Monitoring and review
This policy was last updated on 25 May 2018 and shall be regularly monitored and reviewed, at least every two years.



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