Terms of Service for use of FlexeBoss services and website by Consultant Users
- 1.1. FlexeBoss.com is an online legal marketplace for the sale of legal services. We are not a legal referral service and do not endorse any Consultant Users.
- 1.2. The following Terms of Service govern a Consultant Users access to and use of the FlexeBoss website www.FlexeBoss.com. Do not use the service unless you wish to be bound by the Terms because, by using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Policies. If you do not want to agree to these Terms of Service or our Policies you must not access or use the Site. The Service is for use in connection with legal services in relation to United Kingdom jurisdiction only. You are responsible for compliance with all laws and regulations which apply to you.
- 1.3. These Terms of Service apply to the Consultants Users.
- 2.1. We make no warranty that FlexeBoss will be uninterrupted or error free, or that any defects will be corrected. Whilst we will take steps to prevent misuse of our systems, we cannot warrant that FlexeBoss will be free of viruses or other malicious codes and accept no liability for loss or damage caused from the transmission of any such codes. We recommend that you always use up-to-date firewalls and anti-malware software or similar security to protect your equipment and data.
- 2.2. FlexeBoss is not a law firm, and we do not provide any legal services or legal advice. No legal professional privilege therefore applies to any information you provide through FlexeBoss and no duty of confidentiality arises through use of the Site. A legal professional privilege may (but will not necessarily) be formed through use of the Site between a Consultant User and a User.
- Consultant User means a legal practitioner (Solicitor) or Patent/Trade Mark Attorney who may sell legal Services to a User. Consultant Users are not employees or agents of FlexeBoss.
- FlexeBoss means FlexeBoss Limited, whose registered address is Sheringham House, 37 Whitelands Crescent, London, SW18 5QY and registered number is 09057077.
- Invoice means a bill for a completed Service raised by a Consultant User.
- Message Stream is where communications between a User and a Consultant User is conducted. Via the Message Stream the parties can exchange private information including attachments, send a Proposal, or raise an Invoice. (FlexeBoss is entitled to read all communications on the Message Stream)
- Packaged Service (items) means a service that is offered on the Site by a Consultant User with a pre defined specification and a fixed price. There are two Types of Packaged Services. A Packaged Service Template where certain fields have already been defined by FlexeBoss and a Custom Packaged Service where the Consultant User can define all elements of the service.
- Project means a requirement or specification from a User.
- Proposal means work proposed by the Consultant User.
- Public Profile means the elements of the User Account which will be available to see by all other Users and any other person viewing the Site.
- Service means a Service and/or a Packaged Service provided through the Site.
- Service Catalogue is the listing where all the Packaged Service Items are located on the Site.
- Site means the website with the domain name www.FlexeBoss.com.
- Specification means either the defined specification in the Service Catalogue in respect of the Packaged Service, or the specification agreed through the Message Stream in respect of a Project.
- User means a person, company, or organisation that has visited or is using the Website and/or the Service.
- Consultant User Account means the User Account set up in accordance with clause 5, which details the person or company which shall use the Site and who is party to these Terms of Service.
- You or Your means you or your company as detailed on your Consultant User Account and who is party to these Terms of Service.
4. Relationship between You (The Consultant User), the User and FlexeBoss
- 4.1. When a User accepts a quotation or orders a Packaged Service from a Consultant User, FlexeBoss will have no further involvement in the process other than when the User makes a payment through the Site. We will not be a party to any contract made between a Consultant User and any User and therefore we shall not be liable for any loss or damage that results from any dealings between a Consultant User and any User. It is a Consultant Users responsibility to negotiate a written legal engagement agreement specifying the terms, scope, limitations, and conditions of the representation with the User.
- 4.2. In the unlikely event that a Consultant User has a dispute with a User, FlexeBoss cannot be involved to resolve the dispute. By using FlexeBoss a Consultant User releases us from any and all claims, demands and damages of every kind arising out of or in any way connected with such disputes.
5. Consultant User Accounts
- 5.1. Prior to using the Site, a Consultant User must register for a Consultant User Account. It is the responsibility of the Consultant User to ensure all information in the Account is registered and maintained accurately.
- 5.2. A Consultant User Account must be a personal account, but Consultant Users may trade as a sole trader, limited company, partnership or any other legal entity. A Consultant User cannot register for more than one User Account.
- 5.3. We reserve the right to terminate the provision to a Consultant User of FlexeBoss or restrict access to FlexeBoss at any time without notice for any reason whatsoever, including if we suspect a Consultant User to be in breach of any of the Terms.
- 5.4. A Consultant User is solely responsible for any activity that occurs on their Consultant User Account.
- 5.5. FlexeBoss shall use its reasonable endeavours to ensure the Site is working at all times, although it is agreed that there will be some disruption to the Site for maintenance and for issues which are beyond the reasonable control of FlexeBoss.
- 5.6. FlexeBoss shall have no liability to a Consultant User for any time during which the Site is not operational or working correctly, including but not limited to, any loss of business or loss of profits.
6. Mandatory Requirements
- 6.1. All Consultant Users must:
- 6.2. Be registered with the Solicitors Regulation Authority (SRA) and be licensed to practice law within the United Kingdom or if they are a Patent or Trademark Attorney registered with the Intellectual Property Regulation Board (IPReg).
- 6.3. Have a minimum of 3 years post certification work experience in the relevant practice area indicated in your area of expertise within your Profile.
- 6.4. Not have any current complaints under investigation by the SRA or IPReg, or past complaints found in favour of the complainant.
- 6.5. Have a minimum professional indemnity insurance cover of £1m.
- 6.6. Provide certified evidence of meeting the above requirements.
7. Periodic Checks
- 7.1. FlexeBoss may perform periodic checks on all Consultant Users to make sure they continue to meet the requirements in section 6. Should any of the requirements not be met then FlexeBoss reserves the right to disable the Consultant Users Account immediately.
- 8.1. All information contained in a Consultant User Profile must be true and an accurate representation, including name, location (city), qualifications and credentials.
- 8.2. A Consultant User must have a high quality headshot photograph as their profile image.
- 9.1. Consultant Users can sell Services through the Site in two ways; through a Packaged Service or through Other Services.
- 9.1. Packaged Services
- 9.1.1. For simple legal Services, a Consultant User has the ability to create Packaged Services for sale on the FlexeBoss site from one of the Packaged Service Templates. Alternatively you can define your very own Custom Packaged Service if a template for the service you wish to sell does not exist. All Packaged Services are reviewed by FlexeBoss before being released onto the marketplace. A Custom Package Service cannot be created if a similar Packaged Service Template exists.
- 9.1.2. All information contained within the Packaged Service must be clear and factually correct. Consultant Users must specify in the Packaged Service what is included in the scope of Service and must offer the Service for a fixed price.
- 9.1.3. All Packaged Services will be reviewed and approved by FlexeBoss prior to being made live on the Packaged Service page. Should any of the content breach these Terms of Service then FlexeBoss reserves the right not to post the Packaged Service onto the Catalogue. In any event FlexeBoss reserves the right to remove any Packaged Service listings without reason.
- 9.2. Other Services
- 9.2.1. For all other Legal Services the User will review the Consultant Users experience and expertise and then make contact with the Consultant User through the messaging stream to obtain a formal written quotation for their Project.
- 9.2.2. The Consultant User should acknowledge the Users request as soon as reasonably possible, but no later than two business days following receipt of a formal written request.
- 9.2.3. If the Consultant User decides not to quote then the Consultant Users must make this clear to the User in their response.
- 9.2.4. All quotations should be for a fixed price. If there are variable or potentially unknown costs then The Consultant User must make this clear to the User.
- 9.3. Prohibited Services
- 9.3.1. No Services other than Legal Services can be sold through the Site. It is also not permissible to work for free.
- 9.4. Message Stream
- 9.4.1. The following actions are not allowed through the Message Stream:
- i) Accept any payment outside of FlexeBoss for Services sold through the Site. Any attempt to receive payment outside of FlexeBoss will lead to sanctions not limited to immediate account suspension. Please report any attempts by a User to make payment outside of FlexeBoss to our Customer Support team.
- ii) Post any offensive or abusive content, or anything else that is against our Terms of Service. We ask all Consultant Users to be friendly and professional at all times.
10. Fees for using the Site
- 10.1. Consultant Users Fees
- 10.1.1. There is no membership or registration fee, but a fee of 15% of the Service price is subtracted before the Payment is made to a Consultant User.
- 11.1. All invoices for all Services sold through the Site must be paid by the User through PayPal.
- 11.2. As FlexeBoss is not party to any agreement between the Consultant User and the User, it is the responsibility of the Consultant User to ensure an invoice is paid on time. FlexeBoss will not be responsible in the collection of unpaid fee’s.
- 11.3. Under no circumstances shall a Consultant User accept payments directly by a User for Services purchased through the Site. Any breach of this clause may lead to a Consultant User Account being removed from the Site.
- 11.4. FlexeBoss reserves the right to routinely check any payments made through the Site as part of the Site administration.
- 11.5. All payments must be in GBP.
- 11.6. Consultant Users will be paid directly to their nominated bank account within a maximum of 5 working days from date the payment has been received by FlexeBoss from the User.
12. Charge Backs
- 12.1. Should a User instruct their payment provider to perform a charge back for a Service purchased through the Site, then the Consultant User must pay the charge back amount (including any additional payment transaction charges) to FlexeBoss within 5 working days. As stated in 4.2, FlexeBoss will not be involved in any dispute resolution between a Consultant User and the User.
- 13.1. Refunds can be processed through the site. Please email firstname.lastname@example.org to process a refund to a User. Please note that a Consultant User may be charged an additional Paypal transaction fee on top of the refunded amount.
- 14.1. When the Service is completed and paid the User is able to provide both qualitative feedback and a rating from 1-5 for the Consultant Service. This feedback is entered onto the Site. If you feel the feedback comments are false and or defamatory, abusive or offensive then please contact FlexeBoss customer service who will investigate and we will remove it at our discretion.
15. Intellectual Property Rights
- 15.1. FlexeBoss retains ownership of all intellectual property rights of any kind related to the Site and Service, including applicable copyrights, patents, trademarks and other proprietary rights. Other trademarks, service marks, graphics and logos used in connection with the Site and the Service may be the trademarks of any third parties. These Terms of Service do not transfer from us to you any of FlexeBoss’s or third party, intellectual property, and all rights, title, and interest in and to such property will remain (as between the parties) solely with us. We reserve all rights that are not expressly granted to a Consultant User under these Terms of Service.
16. Privacy Statement
- 17.1. A Consultant User shall indemnify FlexeBoss against all liabilities, costs, expenses, damages and losses (excluding any indirect or consequential losses, loss of profit, loss of reputation) and all other reasonable professional costs and expenses, suffered or incurred by FlexeBoss as a result of or in connection with:
- i) Any claim brought against FlexeBoss for actual or alleged infringement of a third party's intellectual property rights arising out of, or in connection with, this Contract, to the extent that the claim is attributable to the acts or omissions of a Consultant User or a Consultant Users employees, agents or subcontractors; and
- ii) Any claim made against FlexeBoss by a third party arising out of, or in connection with this Contract or use of the Site
18. Limitation on Liability
- 18.1. To the extent permitted by applicable law, in no event will FlexeBoss, its affiliates or their licensors, service providers, employees, agents or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with a Consultant Users use, or inability to use, the website, any websites linked to it, any content on the website or such other websites or any services obtained through the website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but no limited to personal injury, pain and suffering, emotion distress, loss of revenue, loss of profit, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. In the event that any limitation or exclusion of liability in the Terms is not enforceable, then we shall not be liable to you for more than £250 in aggregate in respect of matters arising out of any individual Service.
- 18.2. If a Consultant User is dissatisfied with FlexeBoss or any of these Terms, the only remedy under the Terms shall be to discontinue use of FlexeBoss. We shall have no liability for any failure or delay resulting from any matter beyond our reasonable control.
- 19.1. We reserve the right to terminate the provision to a Consultant User of FlexeBoss or restrict access to FlexeBoss at any time without notice for any reason whatsoever, including if we suspect a Consultant User to be in breach of any of the Terms.
20. Data protection
- 20.1. A Consultant User consents to FlexeBoss holding and processing data relating to legal, personnel, administrative and management purposes and in particular to the processing of any "sensitive personal data" (as defined in the Data Protection Act 1998) relating to a Consultant User.
- 20.2. A Consultant User consents to FlexeBoss making such information available to those who provide products or services to Flexeboss such as advisers, regulatory authorities, governmental or quasi-governmental organisations and potential purchasers of FlexeBoss or any part of its business.
- 21.1. A Consultant User may not assign, transfer or sub-contract any of your rights under the Terms without our prior written consent. We may assign, transfer or sub-contract all or any of our rights at any time without consent.
- 22.1. Any formal notice or other communication given under or in connection with these Terms shall be in writing between FlexeBoss and a Consultant User, shall be through the email address given on the Consultant User Account.
- 23.1. A waiver of any right or remedy under the Terms or law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
- 24.1. FlexeBoss may amend the Terms from time to time, and in FlexeBoss sole discretion. We shall post such alterations on the Site. If a Consultant does not agree to the changes made to the Terms then they have the right to stop using Service, and should do so immediately. The continued use of FlexeBoss after the date the changes have been posted will constitute acceptance of the amended Terms.
25. Disclaimer of Warranties
- 25.1. The use of the site, its content and any services or items obtained through the website is at a Consultant Users own risk. The Site, its content and any services or items obtained through the website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither FlexeBoss nor any person associated with FlexeBoss makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the website.
26. Our Rights
- 26.1. We reserve the right at all times to edit, refuse to post, or to remove from FlexeBoss any information or materials for any reason whatsoever, and to disclose any information we deem appropriate to satisfy any obligation we may have under applicable laws, regulatory requirements, legal processes, or to satisfy any request of the police, government or any regulatory body (including the Solicitors Regulation Authority).
- 26.2. We reserve the right to terminate the provision to a Consultant User of FlexeBoss or restrict your access to FlexeBoss at any time without notice for any reason whatsoever, including if we suspect you to be in breach of any of the Terms.
27. Jurisdiction and Governing law
- 27.1. The Terms and any dispute or claim arising out of or in connection with it or its 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 and the courts of England and Wales have exclusive jurisdiction in relation to such matters.