Fees, Cancellations and Refund Policy

1. Purpose and scope

1.1 This Fees, Cancellations and Refund Policy (the Policy) describes the general principles the Firm applies to fees and payments. It is intended to help prospective clients understand the Firm’s approach before they receive an Engagement Agreement.

1.2 This Policy is general information. It is not a fee quote, an offer, or a binding statement of the terms that will apply to any particular matter. The binding terms are those set out in the Engagement Agreement for that matter.

1.3 Terms used but not defined in this Policy have the meaning given in the Website Terms of Use.

2. Definitions

• Advance payment (also called a payment on account, retainer, or deposit) means money the client pays before the related legal work is done or the related expense is incurred.
• Unearned funds means that part of an advance payment that the Firm has not yet earned by doing work, and has not yet applied to an expense properly incurred.
• Earned fees means fees for work the Firm has actually performed, calculated in accordance with the Engagement Agreement, whether or not yet invoiced.
• Expenses (also called disbursements) means amounts the Firm pays or becomes liable to pay to third parties in connection with a matter, such as court fees, filing fees, expert fees, translation, travel, and courier costs.
• Fixed fee means an agreed amount for a defined scope of work.
• Client account means an account, separate from the Firm’s own money, in which client funds are held where the rules applicable to the Firm require it. Owner to confirm the client-money regime that applies to the Firm.

3. The Engagement Agreement and professional rules govern

3.1 The fees, payment terms, billing arrangements, and refund treatment for any matter are governed by: (a) the Engagement Agreement for that matter; and (b) the rules of professional conduct, client-account rules, and billing rules that apply to the Firm.

3.2 If anything in this Policy is inconsistent with the Engagement Agreement or with a mandatory professional rule, the Engagement Agreement or that rule prevails.

3.3 Nothing in this Policy overrides a client’s non-waivable rights under Applicable Law, including consumer-protection rights where they apply.

4. How fees are structured

4.1 The Firm may offer different fee arrangements depending on the matter, which may include:

1. time-based fees, charged at hourly rates for the people working on the matter;
2. fixed fees for a clearly defined scope;
3. capped or collared fees, where a time-based fee is subject to an agreed maximum or range;
4. staged fees, payable at defined milestones; and
5. retainer arrangements for ongoing advisory support.

4.2 Any conditional, contingent, or success-based fee arrangement is offered only where it is permitted by the rules that apply to the Firm and only on terms set out in the Engagement Agreement. Owner to confirm whether such arrangements are permitted and offered.

4.3 The applicable rates, the basis of charging, and any assumptions will be set out in the Engagement Agreement. Rates may be reviewed periodically on notice, as described in that agreement.

5. Estimates are not fixed quotes

5.1 Where the Firm gives an estimate of likely fees, it is a good-faith projection based on the information available and stated assumptions. It is not a fixed quote unless the Engagement Agreement says so.

5.2 The Firm will tell the client if it becomes likely that an estimate will be materially exceeded, and will discuss the reasons and options before continuing, so far as practicable.

6. Advance payments and funds held on account

6.1 The Firm may ask for an advance payment before starting work or at points during a matter. The purpose is to provide funds against which fees and expenses can be applied as they are earned or incurred.

6.2 An advance payment does not fix the total fee, does not represent the maximum the client may be charged, and does not itself entitle the client to any particular amount of work.

6.3 The Firm will hold client funds in accordance with the client-account and client-money rules that apply to it. Where those rules require funds to be held in a client account separate from the Firm’s own money until earned or properly applied, the Firm will do so. Owner to confirm the client-money rules and how interest on client funds is treated.

6.4 Unearned funds remain the client’s money until the Firm earns fees or properly applies them to an expense. The Firm will account to the client for advance payments and their application, and will return unearned funds as described in section 13.

7. How fees are earned and billed

7.1 Time-based fees are earned as work is done. Fixed fees are earned as the corresponding scope is performed, or as set out in the Engagement Agreement, which may provide for a fixed fee to be earned in stages tied to defined milestones.

7.2 The Firm will generally bill periodically, for example monthly, and at the end of a matter, and may bill on completion of a stage. Each invoice will show the fees and expenses being charged and the period or work to which they relate.

7.3 Where the Firm holds an advance payment, it may apply invoiced amounts against those funds and will tell the client when it does so. The client may be asked to restore the balance.

8. Expenses and disbursements

8.1 Expenses are charged in addition to fees. The Firm will seek the client’s agreement before incurring a significant expense, so far as practicable, and may ask the client to pay for a substantial expense in advance or to pay a third party directly.

8.2 Expenses properly incurred are payable by the client even if the matter does not proceed as expected, because the Firm has paid or become liable to pay them to a third party.

8.3 Some third-party charges, such as court fees and certain taxes, are set by others and are outside the Firm’s control.

9. Invoices, payment terms, and methods

9.1 Invoices are payable within the period stated in the Engagement Agreement or on the invoice. Owner to insert standard payment period.

9.2 The Firm accepts payment by the methods stated in the Engagement Agreement or on the invoice. Owner to list accepted payment methods, for example bank transfer. The Firm does not operate any online checkout or automated payment flow through this website.

9.3 The client is responsible for any charges its own bank or payment provider applies to a payment.

10. Late payment and suspension of work

10.1 If an invoice is not paid when due, the Firm may, after giving reasonable notice and to the extent permitted by Applicable Law and professional rules:

1. charge interest on the overdue amount at the rate stated in the Engagement Agreement or permitted by law;
2. apply funds held on account to the overdue amount;
3. suspend work on the matter; and
4. cease to act, subject to section 12 and to the Firm’s professional obligations.

10.2 Where permitted by Applicable Law and professional rules, the Firm may exercise a lien over papers and property pending payment. The Firm will not exercise any right in a way that professional rules prohibit, and will have regard to the effect on the client’s position, including any imminent deadline.

11. Cancellation by the client

11.1 Before an Engagement Agreement is signed. You may stop your inquiry at any time before an Engagement Agreement is executed, at no cost. No fee is payable for the Firm considering whether it can act, unless the Firm has told you in advance that a specific assessment will be chargeable and you have agreed.

11.2 After an Engagement Agreement is signed. A client may end the engagement at any time by written notice, subject to the Engagement Agreement. On cancellation, the client remains responsible for: (a) earned fees for work done up to the effective date of cancellation; (b) expenses properly incurred or committed before that date; and (c) reasonable fees for work necessary to hand the matter over or to protect the client’s position.

11.3 Any unearned funds will be returned as described in section 13.

12. Declining or ceasing to act by the Firm

12.1 The Firm may decline to take on a matter, as described in section 16 of the Website Terms of Use. If the Firm declines before an Engagement Agreement is signed, no fee is payable and any advance payment is returned in full.

12.2 The Firm may cease to act on an existing matter only as permitted or required by the applicable rules of professional conduct, court requirements, and Applicable Law, and in accordance with the Engagement Agreement, as described in section 17 of the Website Terms of Use.

12.3 If the Firm ceases to act, the client remains responsible for earned fees and expenses incurred up to that point, and any unearned funds are returned as described in section 13. Where the Firm ceases to act for reasons unconnected with the client’s conduct, it will act reasonably in relation to fees for any incomplete stage of fixed-fee work.

13. Refunds

13.1 Refund treatment depends on the category of payment:

1. Unearned funds — returned to the client when the matter ends or when the Firm otherwise holds funds it has not earned and does not need for a committed expense, after the Firm has accounted for outstanding fees and expenses. The Firm aims to return unearned funds promptly and within the period required by the rules that apply to it. Owner to insert the applicable time limit.
2. Earned fees — not refundable, because they represent work actually performed. Earned fees remain subject to the client’s right to dispute an invoice and to any assessment or review mechanism described in section 16.
3. Expenses — amounts already paid or committed to third parties are generally not refundable by the Firm, because the money has left the Firm. Where an expense has been prepaid by the client but not yet incurred or committed, the unspent amount is treated as unearned funds and returned.
4. Fixed fees — where a matter ends before the fixed-fee scope is complete, the Firm will make a fair assessment of the proportion of the scope performed, charge for that proportion, and return the balance. The method is set out in the Engagement Agreement.

13.2 The Firm will provide a written account showing how any advance payment has been applied and how any refund has been calculated.

13.3 Refunds are made to the source of payment or as otherwise agreed, in the currency received where practicable.

14. No blanket non-refundable clause

14.1 The Firm does not treat all payments as non-refundable. Any statement that funds are non-refundable applies only to earned fees and to expenses already incurred or committed, as explained in section 13.

14.2 The Firm will not describe an advance payment as a non-refundable fee where the rules that apply to it require unearned amounts to be returned. Where a jurisdiction permits a limited, genuine non-refundable engagement fee, any such fee will be used only if it is permitted, is reasonable, is clearly explained in the Engagement Agreement, and does not offend the client’s non-waivable rights. Owner to confirm whether such a fee is permitted and intended.

15. Statutory cancellation and cooling-off rights

15.1 Where the client is a consumer and Applicable Law provides a right to cancel a contract for services made at a distance or away from business premises within a set period, that right applies in addition to this Policy. Owner to insert the applicable cooling-off period and process, or state that it does not apply.

15.2 If the client asks the Firm to begin work during a cooling-off period, the client may be required to pay for work done up to the point of cancellation, in accordance with Applicable Law.

15.3 Nothing in this Policy limits a consumer’s statutory cancellation or refund rights.

16. Disputed invoices and fee assessment

16.1 If a client questions an invoice, the client should raise it with the Firm promptly, giving reasons. The Firm will review the invoice and respond.

16.2 Clients may have a right to have the Firm’s charges reviewed or assessed by an independent body or court, and may have a right to refer a fee complaint to a professional oversight body. Owner to insert the applicable assessment or complaint mechanism and any time limits.

16.3 Using the Firm’s internal complaint process does not remove any right to pursue an external remedy.

17. Taxes

17.1 Fees and expenses are stated exclusive of any applicable value added tax, goods and services tax, or similar tax, which is added where the Firm is required to charge it. Owner to confirm the applicable tax and the Firm’s registration position.

17.2 The client is responsible for any withholding tax or similar deduction its own jurisdiction imposes, and the Engagement Agreement will address how such deductions are treated.

18. Third-party funding, insurance, and legal aid

18.1 A client’s fees may be covered, in whole or in part, by legal expenses insurance, an employer or trade body, or a third-party funder. The client remains responsible to the Firm for fees and expenses unless the Firm agrees otherwise in writing.

18.2 The Firm will tell the client if the Firm is not able to offer publicly funded or legal-aid work. Owner to confirm the Firm’s position on legal aid, or remove this section.

19. Currency and payment processing

19.1 Invoices are issued in Owner to insert billing currency. Payments in another currency are converted at the rate and on the basis stated in the Engagement Agreement, and any conversion cost or shortfall is the client’s responsibility.

19.2 The Firm does not process card payments or hold payment credentials through this website. Any payment service the Firm uses is arranged separately and disclosed in the Engagement Agreement.

20. Optional and inactive: cryptocurrency

20.1 If the Firm activates this provision, it will do so only after it has: (a) confirmed that accepting digital-asset payments is lawful for the Firm in the relevant jurisdictions; (b) put in place arrangements that satisfy its anti-money-laundering, sanctions, client-account, source-of-funds, tax, and record-keeping obligations; and (c) updated this Policy and the Engagement Agreement accordingly.

20.2 If activated, any digital-asset payment would be subject to terms addressing accepted assets and networks, the valuation moment and reference rate, price-volatility and settlement risk, network fees, refunds (which would be made in an agreed fiat currency unless otherwise agreed), and enhanced due-diligence checks on the source of the assets.

20.3 Until activation, any transfer of digital assets to the Firm is unauthorised, may be returned, and does not discharge any obligation to pay an invoice.

21. No guarantee of outcome affects fees

21.1 Fees are charged for the work done and the expenses incurred, not for a particular result. The Firm does not guarantee any outcome, and fees are not contingent on the outcome unless a permitted conditional or contingent fee arrangement is expressly agreed in the Engagement Agreement.

21.2 An unfavourable outcome does not, by itself, entitle a client to a refund of earned fees or incurred expenses. It does not affect a client’s right to raise a concern about the quality of the Firm’s work through the complaint and assessment routes described in section 16 and in the Website Terms of Use.

22. Changes to this policy

22.1 The Firm may update this Policy from time to time. The current version is the one published on the website, with the effective date shown at the top.

22.2 A change to this Policy does not change the terms of an Engagement Agreement already in force; those terms are varied only as that agreement provides.

23. How to contact us

23.1 Questions about fees or this Policy should be sent to the Firm at inquiries@ioannadigital.example (Owner to confirm the monitored billing contact address).