Inverness 01463 221727
Dingwall 01349 866777
Aviemore 01479 788688
(a) We cannot store papers, files and associated documents indefinitely. The Law Society of Scotland sets down guidance on the destruction of papers and in particular on the period after which each kind of file and relevant papers may be destroyed. Generally, this is ten years after the close of file/business in question.
This does not apply to Wills, Title Deeds and other papers held in safe custody which will continue to be held as normal.
If at the close of any piece of business we conduct for you, there are papers which you wish to keep, you should let us know, in writing, and they will be returned to you.
For any papers, files and associated documents which you do not ask to have returned to you, we shall be entitled to destroy them after the relevant period without further reference to you. Ordinarily, this will be in accordance with the Law Society of Scotland Guidance current at the time.
(b) We are entitled to send and receive communication by e-mail. At any time, we may have, and are entitled to have, the provision of our e-mail service hosted by a commercial organisation out-with our office. This shall be done on the basis of the normal reasonable standard for the provision of such services in relation to encryption of data, security of information, confidentiality and otherwise in general.
(c ) We are entitled to operate and store our client data, accounting, file storage systems, correspondence and all other information electronically “in the cloud” by virtue of these services being provided to us by a commercial organisation out-with our office.
This will be done:-
(1) In accordance with any regulatory requirements of the Law Society of Scotland from time to time, and
(2) On the basis of the normal reasonable standard for the provision of such services in relation to encryption of date, security of information, confidentiality and otherwise in general.
d) In respect that we are entitled to arrange for communication by e-mail and the provision of our client services and storage of data and information provided electronically by a third party supplier, except in event of failure or negligence on our part. we shall have no liability to you for any loss or inconvenience arising directly or indirectly as a result of these services not being available to us whether as a result of the failure or negligence of any third party supplier with whom we have contracted or any other party (except ourselves)
(e) In respect that certain mail and documents both issued and received on behalf of clients are to be stored by us electronically we shall be entitled to limit the method of storage of such mail and documents to electronic storage and to destroy the paper/hard copy thereof. On delivery of papers to a client we shall be entitled to deliver such in electronic format as we shall determine.
(f) If delivering papers / documents to or on the instructions of a client, either to the client or the client’s agent / representative, we shall be entitled to charge an administration charge at the rate noted above in ‘Outlays – What is charged for? (d)’, along with any costs involved in making copies of client files, deeds, papers, documents, etc, (whether paper or electronic); plus any expenses incurred whatsoever, such as courier charges, postal or shipping rates for delivery to the client or their agent or representative and for the retention of said documents by us.
(g) We shall be entitled to charge an administration and storage charge for documents / deeds / maps / etc. that the client has requested we retain in safe keeping. If a fee is deemed appropriate, an initial fee will be charged at the point of lodging said documents / deeds / maps / etc., plus an annual storage fee.
(h) We shall be entitled to communicate with you by fax/e-mail and shall have no liability/responsibility for disclosure of any information which occurs without error/negligence on our part.
(i) Where we communicate with you by e-mail we will not be obliged also to send a postal/paper copy.