Terms and Conditions

The following sets out our standard terms and conditions covering the use of our Website and provision of services available via our Website.

To Contact Us

For any queries regarding the use of our Website or provision of our services, please contact us on 0207 406 5880 Freephone from landlines/mobiles or via email at [email protected] or post or via this link.

Our company details

Capital Conveyancing (a trading name of Fitzalan Partners Limited)

Floor 4, 95, Chancery Lane

London WC2A 1DT

Main Contact Number: 0207 406 5880

Open: 9am-8pm Mon-Thur, 9am-6pm Fri, 10am-4pm Sat/Sun.

Registered Office: 1430 Montagu Court, Kettering Parkway, Kettering, Northants, NN15 6XR

Company Registration Number (Registered in England & Wales): 07314708

VAT number: 105576520

Introduction to Terms & Conditions

These conditions as amended by us from time to time, apply to the use of the Capital Conveyancing Website and by accessing www.capitalconveyancing.com and/or obtaining a quote and/or instructing a Service or Product you agree to be bound by the terms & conditions set out below. If you do not agree to be bound by these Conditions you may not use or access this Website and should not obtain a conveyancing Quote or instruct any Service or Product offered by Capital Conveyancing.

Before you instruct a conveyancing Service or Product through www.capitalconveyancing.com, if you have any questions relating to these Conditions please contact our team by e-mail at [email protected], or call 0207 406 5880 between 9am-8pm Mon-Thur, 9am-6pm Fri, 10am-4pm Sat/Sun. Please note that all calls to Capital Conveyancing on the 0207 406 5880 number are charged at the local rate when calling from a land line or a mobile phone. Our phone calls may be recorded for quality and training purposes.

Capital Conveyancing is committed to the protection of your privacy and this applies to the handling of your data during and after your visit to the Website. Please see the Privacy Policy on maintaining your privacy and the safe handling of your data.

These Conditions, the Privacy Policy, and the relevant conveyancing Quote (together the "Agreement") shall govern the relationship between Capital Conveyancing and the Client for the provision of online and/or offline processing services which may include the provision of information or the provision of Quotes for conveyancing Services or Products or the introduction of Clients to conveyancing solicitors or conveyancers. This Agreement does not include: (a) any other terms and conditions: (b) any oral or written quotation (other than the Quote); (c) any purchase order, acceptance or acknowledgement of an order by the Client; (d) any specification not set out in the Agreement; (e) any other document (whether or not referred to in the Agreement); or (f) any purported attempt by the Client to impose or incorporate its own terms and conditions; and the same shall be of no effect and not legally binding. If there is any inconsistency between these Conditions, the Privacy Policy, and/or the Quote, the documents shall have priority in the following order: (i) the Quote; (ii) these Conditions; and (iii) the Privacy Policy.

All descriptive matter, specifications, advertising and promotional material issued by Capital Conveyancing and any descriptions or illustrations contained in Capital Conveyancing’ websites or brochures or marketing literature are issued or published for the sole purpose of giving an approximate idea of the services and/or information about third parties described in them, and shall not form part of the Agreement. In this Agreement:

• any terms in the singular shall include the plural and vice versa
• any phrase introduced by the words "include", "including", "in particular", "excluding" or the like shall be construed as illustrative and shall not limit the sense of the words preceding those terms
• any reference to a "Clause" means a clause of these conditions
• any reference to a person shall be construed as a reference to any person, corporate entity, or any association or partnership (whether they have separate legal personality or not) or one or more of the same
• the headings are included for convenience only and may not be used in construing or interpreting these conditions

Definitions of the Terms and Conditions

In these Conditions the following words and expressions shall have the following meanings when they start with capital letters:

• "Conditions" means these terms and conditions.
• "Service or Product" means a service or product displayed for sale on the Website including but not limited to conveyancing and other legal services
• "Service or Product Description" means that part of the Website where certain terms and conditions in respect of the individual Service or Product are provided
• "Instruction/s" means the placing of an order for a Service or Product made available on the website
• "Service or Product" means a service or product displayed for sale on the Website including but not limited to conveyancing and other legal services
• "Service or Product Description" means that part of the Website where certain terms and conditions in respect of the individual Service or Product are provided.
• “Instruction/s” means the placing of an order for a Service or Product made available on the Website.
• "Users" means the users of the Website.
• "Personal Information" means the details provided by you on acquiring a quote or instructing a Service or Product via our Website.
• "Website" means the website located at www.capitalconveyancing.com or any subsequent URL which may replace it.
• "United Kingdom" means England, Wales, Scotland, Northern Ireland and the Channel Islands.
• "Service Provider" means the a solicitor or property lawyer practice or firm or other third party practice or firm introduced to the Client by Capital Conveyancing.
• "Client" means the person identified in a Quote who will be introduced to one or more Service Provider(s).
• "Quote" means a written quotation supplied by Capital Conveyancing (in electronic format or via our Website or by email or in hard copy) to a Client setting out the Service or Product requested by the Client and an indicative fee for the Services based on the information supplied to Capital Conveyancing by the Client.
• "Searches" means the third party enquiries made of third party authorities that include but are not limited to searches made of the local authority, Land Registry, company providing private or personal search services, water authorities etc.
• "Agreement" as defined in the Introduction.

General Terms & Conditions

Capital Conveyancing is a trading name of Fitzalan Partners Limited. The CapitalConveyancing.com Website is provided by Fitzalan Partners Limited referred to in these Conditions as "we" "us" and/or "our" and “you” or “your” shall mean the User and/or Client. If you are accessing or using this Website in your capacity as an employee, director, officer, partner or agent of a corporate or unincorporated entity “you” and “your” shall refer to you and such entity and you represent that you are authorised to accept these Conditions on behalf of such entity and agree to be personally bound by these Conditions.

Assignment and sub-contracting Capital Conveyancing may assign, sub-contract or otherwise transfer its rights and obligations under this Agreement to another person, and will always notify the Client in writing if this happens, but this will not affect the Client's rights or obligations under this Agreement.

These Conditions, the Agreement, all matters regarding the interpretation or enforcement of it (including non-contractual disputes or claims), and any other matters or disputes arising in connection with it or its subject matter, shall be governed by English law and the parties hereby submit to the non-exclusive jurisdiction of the English courts (where the Client is a consumer) and the exclusive jurisdiction of the English courts (where the Client is not a consumer).

Use of the Capital Conveyancing Website

You are provided with access to this Website in accordance with these Conditions and any instructions for a conveyancing Service or Product placed by you must be placed strictly in accordance with these Conditions.

We cannot guarantee that this Website and the content contained herein will operate in accordance with your expectations or will be error free. If you are aware of any error on this Website please contact us by email at [email protected] and we will endeavour to correct it.

It is our policy to virus check documents and files before they are posted on this Website. However, we cannot guarantee that documents or files downloaded from this Website will be free from viruses and we do not accept any responsibility for any damage or loss caused by any virus. Accordingly, for your own protection, you must use virus-checking software when using this Website. You must not post or provide to us via this Website, any document or file which you believe may contain a virus. You must virus check any document or file which you intend to post or provide to us via this Website.

You may only use this Website for lawful purposes. You must ensure that any document, file or other information that you intend to post to our Website or provide to us via this Website does not contravene any applicable laws or contravene any person’s legal rights and you must not post or upload anything indecent, obscene, abusive, libellous or defamatory. We do not monitor or edit documents or files posted or provided to us by other persons for posting on this Website and accordingly we do not accept any responsibility for any damage or loss you may suffer. We reserve the right to remove material from this Website that infringes these rules.

We do not guarantee uninterrupted and/or reliable access to the site and make no guarantees whatsoever as to its operation, functionality or otherwise.

Occasionally third parties may provide storage services to us. In those circumstances those third parties shall be required to enter into a confidentiality agreement on no less stringent terms than found in these Conditions and to process your data solely in accordance with our instructions.

Copyright protection, intellectual property and accuracy of the site's content

We are the owner or the licensee of all intellectual property rights and data in the site and in all the material published on it. These rights are protected by laws and treaties around the world including, without limitation, copyright, design rights, database rights and trademark laws. You do not have any rights to use the content of the site or such intellectual property or data except as expressly set out in these Conditions.

The information contained in our Website has been published in good faith and with the aim of ensuring its accuracy, but in some cases it may be incorrect, incomplete or out of date. If we become aware of any material inaccuracies in the information on the site we will use reasonable efforts to correct it.

Nothing in this Website or the documents available through it constitutes legal or other professional advice. You should not rely on any information contained in this Website as if it were legal or other professional advice.

Fitzalan Partners Limited are a Service Provider and we do not provide any legal services or hold ourselves out as doing so. Any legal services offered or provided through our Website are offered or provided by a Service Provider. Each of these Service Providers is solely responsible for the advice which they provide to you.

Nothing in these Conditions limits our liability for death or personal injury arising from our negligence, nor our liability for fraud, fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.

Capital Conveyancing is a trademark of Fitzalan Partners Limited. Except where permitted by applicable law, these Conditions, or otherwise set out on the Website, you may not use such trademarks without our prior written permission.

Acceptable Use

You may use the Website only for lawful purposes. In particular you shall not;

• monitor/access the Website or any of the Website's content other than by using the Website's navigational structure or for any purpose other than that expressly permitted in these Conditions
• do anything which places an unreasonably large load on the Website, or its supporting computer systems
• attempt to disrupt or interfere with the Website in anyway or with another person's use of the Website (including monitoring any aspect of such use), or use the Website as a means of disrupting or interfering with other websites
• crawl, scrape, probe, scan or test the vulnerability of the Website
• use or attempt to use any device to obtain personal data and/or information through the Website
• use the Website to receive, access or transmit material that promotes violence, is unauthorised, unlawful, inflammatory, obscene, sexually explicit, pornographic, defamatory, hateful, threatening, degrading, racist, deceptive, in breach of confidence or in breach of third party intellectual property rights (including, without limitation, copyright, trademarks and database rights) or otherwise objectionable or unlawful
• promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
• be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety
• harass, upset, embarrass, alarm or annoy any other person
• insert or knowingly or recklessly transmit or distribute a virus into our network and computer systems so as to cause harm to the Website, us or other users or which is likely to bring the Website or us into disrepute
• impersonate any person, or entity or misrepresent your affiliation with any person or entity
• promote any illegal activity
• breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence
• assist, encourage or permit any other person to do any of the acts described above
• reproduce, duplicate, copy or re-sell any part of the Website in contravention of the provisions of these Conditions
• access without authority, interfere with, damage or disrupt:
• other's use of the website
• any part of the website
• any equipment or network on which the website is stored
• any software used in the provision of the website
• any equipment or network or software owned or used by any third party. All the above are forbidden regardless of the means used, including hacking or by the introduction of any worms, trojans, virus or other software.
• wilfully corrupt any data, documents or material available on the Website

Accuracy of information and Service or Product Quotes

You acknowledge that a Quote provided by Capital Conveyancing is not an offer capable of acceptance.

You warrant that:

• The Personal Information which you are required to provide when you obtain a Quote or make an Instruction as a Client is true, accurate, current and complete in all respects.
• You understand that Capital Conveyancing's provision of accurate Quotes, introduction of Service Providers and performance of its obligations under this Agreement is dependent on the same.
• You will notify us immediately of any changes to your Personal Information by contacting our Client Service team on 0207 406 5880 between 9am-8pm Mon-Thur, 9am-6pm Fri, 10am-4pm Sat/Sun.

If you provide information which is incomplete, inaccurate or out of date, you understand that:

• any Quote provided by Capital Conveyancing may be inaccurate.
• any Service Provider introduced to a Client may not be capable of, available to, or willing to perform the Services referred to in the Quote.
• Capital Conveyancing may not be able to comply with its obligations under this Agreement where it uses or relies on such information.
• You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

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Indemnity

You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website.

Provision of conveyancing Quotes

Where the Client requests a Quote either via our Website, by phone, by post, by fax or by any other medium, Capital Conveyancing will use reasonable endeavours to identify one or more Service Providers who have confirmed to Capital Conveyancing hat they are able and willing to provide the Services required by the Client, based on the information provided by the Client.

Quotes are valid for 7 calendar days from the date the quote was obtained.

Quotes are only valid for properties in England and Wales.

Conveyancing service Quotes

The conveyancers providing the service to the client through Capital Conveyancing comply with, and are subject to, the Council of Licensed Conveyancers. Quotes are based on the information you supply, so if information is incorrect or changes you should let us know immediately. Capital Conveyancing will require a non-refundable deposit in order for the licensed conveyancers to begin work on your file. The Service Provider’s 'No Move No Fee' guarantee means that if the Clients property transaction does not complete, the Client will only pay the Service Provider for disbursement costs incurred on the Clients behalf. The Clients deposit will not be refunded, however the deposit can be used on any future Service or Product with the same Service Provider.

Fixed Fee Guarantees

Wherever possible all Services and Products made available through our Website are quoted with a Fixed Fee Guarantee in respect of the Service or Product offered.

Capital Conveyancing have entered into partnership agreements with one conveyancing firm, who will carry out the conveyancing work for Capital Conveyancing clients. A strict condition of this partnership agreement is that all Services and Products are supplied at a fixed cost as per the Quote supplied by Capital Conveyancing. In the unlikely event that the fixed fee guarantee is not adhered to by the conveyancer then you should contact Capital Conveyancing immediately in order that we may resolve the situation.

On rare occasions we will not be able to supply a fixed fee Quote. An example might be to facilitate the representation of a client at a Leasehold Valuation Tribunal. In the event that we cannot supply a fixed fee Quote this will be explicitly stated.

Search Plus Protection Guarantee (SPP)

Conveyancing Quotes supplied by Capital Conveyancing to Clients who are purchasing a property include SPP.

SPP applies when the Client's initial property purchase falls through or does not complete and Searches have been ordered in respect of that initial property purchase and paid for by the Client. When the Client instructs the Service Provider to act on the purchase of a second property under the No Move, No Fee guarantee SPP entitles the Client to free Searches on the second property purchase equivalent to those ordered on the first property.

Eligibility for SPP is subject to the following conditions:

• An initial set of Searches has been carried out on the first property
• Payment for the initial set of Searches has been made by the Client to the Service Provider
• The second set of Searches is equivalent to the initial set of Searches and the value of the second set does not exceed the value of the initial set of Searches
• The initial set of Searches has been carried out via a third party search provider who is an authorised provider of Search Plus Protection
• The Client uses the same Service Provider for the provision of the Service or Product on the second property

In the event that the Client’s second purchase does not proceed and the Client proceeds to buy a third property then SPP does not apply and payment for the third set of searches must be made by the Client. The Client would in turn qualify for a fourth free set of searches on a fourth property under SPP, and so on in perpetuity subject to meeting all other applicable conditions.

Agreement with Service Providers

The Client acknowledges and agrees that:

• Capital Conveyancing does not provide Services and Products itself and does not agree to do so through the Agreement
• the Agreement relates solely to the provision of processing services and not the Services and Products performed by Service Providers
• the inclusion of a Service Provider in a Quote is not a recommendation or an endorsement by Capital Conveyancing of that Service Provider
• the Client is solely responsible for assessing the suitability of any Service Provider to meet the Client's requirements (or those of its clients) and the acceptability of a Service Provider's terms and conditions for the performance of Services and Products
• the Client is responsible for checking that the name(s), address, date(s) of birth, postcode, property positioning, plan(s) used, areas covered and all other information held by a Service Provider following the provision of a Quote and Instruction is correct

Capital Conveyancing shall in no circumstances be responsible for the performance of, failure to perform, or the quality of any Services or Products performed by a Service Provider.

Fees and payment

Capital Conveyancing provides Clients with quotes free of charge, however it reserves the right to charge additional sums as notified to the Client in advance from time to time.

Capital Conveyancing will take a payment from a Client up-front on behalf of the Service Provider to allow a Service Provider to start to provide Services or Products immediately. Where a Quote requires an up-front payment the Client accepts that the work covered by it will start as soon as possible after payment. Any deposit paid at the start of the conveyancing process will be deducted from the fixed fee total in the final statement.

All fees and the terms of payment for the performance of Services or Products shall be governed by the relevant Service Provider terms.

Although Capital Conveyancing uses reasonable endeavours to ensure all Quotes are accurate, Quotes should be regarded as indicative only, in particular in relation to any fees referred to in them. All information in Quotes and on which Capital Conveyancing bases Quotes is provided to Capital Conveyancing by the Client and/or relevant Service Providers and Capital Conveyancing cannot and do not undertake to verify the information before producing the Quote.

Cancellation of Conveyancing Services and Products

Clients will have the right to cancel a conveyancing or legal Service or Product Instruction within 14 (fourteen) calendar days from the date of Instruction and receive a refund of their deposit if the Service Provider has not commenced the legal work and the Client accepts that this "cooling-off period" ends once the Client waives their right to any remainder of the “cooling-off period”.

Following the Client’s consent to waive the “cooling-off period” the Service or Product may be cancelled but the Client’s deposit will not be refunded. However the deposit can be transferred to any future conveyancing Service or Product with the same Service Provider.

If you wish to cancel a conveyancing or legal Service or Product please contact [email protected]or call 0207 406 5880 between 9am-8pm Mon-Thur, 9am-6pm Fri, 10am-4pm Sat/Sun. Please be ready to quote your reference number and order date.

Our Rights

We reserve the right to:

• modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website
• change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change

It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Capital Conveyancing Website.

Third party links

To provide increased value to our Users, such as homebuyers and sellers, and first time buyers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked Website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.