Terms of Service

Introduction and Acceptance

These Terms of Service govern your use of the Hartwick website and the legal services we provide. By accessing our website or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these terms. If you do not agree with any part of these terms, please do not use our website or services.

These terms apply to all visitors, users, and clients who access or use our website and services. We reserve the right to update these terms at any time, and your continued use of our services following any changes constitutes acceptance of those changes.

Service Usage Terms

Permitted Uses

You may use our website and services for the following purposes:

Seeking information about our legal services and areas of practice
Contacting us to discuss potential legal matters or enquiries
Accessing resources and information we provide about legal topics
Communicating with us regarding ongoing legal matters for which you have engaged our services
Browsing our website to learn about our practice and approach

Prohibited Activities

When using our website and services, you must not:

Use our services for any unlawful purpose or in violation of any applicable laws or regulations
Attempt to gain unauthorised access to our systems, servers, or networks
Upload or transmit viruses, malware, or any other malicious code
Engage in any conduct that restricts or inhibits others from using our website
Collect or harvest personal information about other users without their consent
Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity
Interfere with or disrupt our website, services, servers, or networks
Use automated systems or software to extract data from our website without permission

Legal Service Engagement

Formation of Solicitor-Client Relationship

A formal solicitor-client relationship is not created simply by visiting our website, sending us an email, or calling our office. A professional relationship begins only when:

We have agreed in writing to act on your behalf
We have conducted necessary conflict checks and client identification procedures
You have accepted our terms of engagement, including fee arrangements
We have formally confirmed our instruction in your matter

No Legal Advice Through Website

Information provided on this website is for general informational purposes only and does not constitute legal advice. Each legal situation is unique and requires individual assessment. Do not rely on website content as a substitute for obtaining specific legal advice about your particular circumstances. Always seek professional legal counsel for matters requiring legal expertise.

Scope of Services

The specific legal services we provide to you will be defined in our formal letter of engagement. This document will outline the scope of work, fees and costs, estimated timelines, your responsibilities as a client, and any limitations or exclusions to our services. It is important that you read and understand this document before proceeding.

Professional Standards

We are regulated by the Law Society of Scotland and must comply with professional conduct rules and practice regulations. These standards govern how we conduct our practice, maintain confidentiality, handle conflicts of interest, and manage client funds. Our adherence to these professional standards protects your interests and ensures ethical service delivery.

Account and Access

Client Portal Access

If we provide you with access to a secure client portal or online account, you are responsible for maintaining the confidentiality of your login credentials. You must not share your account access with others, and you should notify us immediately if you suspect unauthorised use of your account. You are responsible for all activities that occur under your account.

Account Security Requirements

Use strong, unique passwords that combine letters, numbers, and symbols
Do not write down or store passwords in unsecured locations
Log out from your account when using shared or public computers
Keep your contact information up to date so we can reach you regarding security matters
Report any security concerns or suspicious activity immediately

Account Suspension and Termination

We reserve the right to suspend or terminate your account access if we reasonably believe you have violated these terms, engaged in fraudulent activity, breached your obligations as a client, failed to pay fees due, or for any other legitimate reason that protects our practice or other clients. We will provide notice where practical and legally permissible.

Service Availability and Modifications

Website Availability

Whilst we strive to keep our website accessible at all times, we cannot guarantee uninterrupted availability. Our website may be temporarily unavailable due to scheduled maintenance, technical issues, circumstances beyond our control, or security concerns. We will endeavour to provide advance notice of planned downtime when possible, but this is not always feasible.

Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of our website or services at any time, with or without notice. This includes changes to features, functionality, content, design, pricing structures, or available services. Such modifications may be necessary due to legal or regulatory changes, technological developments, business decisions, or other operational considerations.

Geographic Restrictions

Our legal services are provided primarily within Scotland and are subject to Scottish law and jurisdiction. We are qualified to practise in Scotland, and our services may not be available or suitable for legal matters in other jurisdictions. If your matter involves international or cross-border elements, we will discuss with you whether we can assist or whether you should seek counsel licensed in the relevant jurisdiction.

Third-Party Services

Our website may contain links to third-party websites or integrate with third-party services. We are not responsible for the content, privacy practices, or availability of these external services. Your interactions with third parties are governed by their own terms and conditions, and we encourage you to review these before engaging with external services.

Intellectual Property Rights

Our Content and Trademarks

All content on our website, including text, graphics, logos, images, software, and design elements, is owned by Hartwick or our licensors and is protected by copyright, trademark, and other intellectual property laws. The Hartwick name, logo, and related marks are our trademarks. You may not use our trademarks without prior written permission.

Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our website for lawful purposes. This license permits you to:

View and browse website content for personal, non-commercial purposes
Download and print individual pages for your reference
Share links to our website with others

This license does not permit you to modify, reproduce, distribute, create derivative works from, publicly display, or commercially exploit our content without express written permission.

Client Documents and Content

Documents and materials we prepare specifically for your legal matter remain our property until all fees and expenses are paid in full, although you retain the right to use them for the purposes for which they were created. Information you provide to us during our engagement remains your property, subject to our right to retain copies as required by professional regulations.

Copyright Notices

You must not remove, obscure, or alter any copyright, trademark, or other proprietary notices from our website content or materials. Any unauthorised use of our intellectual property may result in legal action and may be prosecuted to the fullest extent of applicable law.

Fees and Payment Terms

Fee Structures

Our fees are typically charged on an hourly rate basis, fixed fee basis for specific matters, or a combination of both as appropriate to your matter. The specific fee arrangement for your matter will be confirmed in our letter of engagement. Fees do not include disbursements, which are third-party costs incurred on your behalf such as court fees, search fees, expert witness fees, or travel expenses.

Payment Requirements

Payment terms will be specified in your engagement letter. Generally:

Invoices are typically payable within 14 days of issue
We may require payment on account before commencing work
Interest may be charged on overdue accounts
We reserve the right to cease work if fees remain unpaid
All fees quoted are exclusive of VAT unless otherwise stated

Disputes Regarding Fees

If you have concerns about any invoice, please contact us promptly. We aim to resolve fee disputes amicably through discussion. You have the right to have our fees assessed by an independent third party through the auditor of the court if we cannot reach agreement. However, you remain obliged to pay any undisputed portion of fees whilst a dispute is being resolved.

Confidentiality and Communications

Professional Confidentiality

We are bound by professional rules of confidentiality and legal professional privilege. Information you share with us in confidence will not be disclosed to third parties except with your consent, where required by law, or as necessary to provide legal services to you. This obligation continues even after our engagement ends.

Electronic Communications

Email and other electronic communications are not entirely secure. Whilst we take reasonable precautions to protect communications, we cannot guarantee their security during transmission. By communicating with us electronically, you acknowledge and accept this risk. We will use encryption and other security measures where practical and appropriate.

Response Times

We aim to respond to client communications within one business day, although response times may vary depending on the urgency of the matter, complexity of the enquiry, and our current workload. If you have an urgent matter, please indicate this clearly in your communication. We cannot guarantee immediate availability for unscheduled calls or meetings.

Limitation of Liability

To the fullest extent permitted by law and subject to our professional obligations:

1

We provide our website and information "as is" without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

2

We are not liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our website or services, including but not limited to loss of profits, data, goodwill, or other intangible losses.

3

Our liability for legal services is subject to the terms of our professional indemnity insurance and any limitations set out in our engagement letter.

4

Nothing in these terms excludes or limits our liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.

Termination of Services

Your Right to Terminate

You may terminate our services at any time by providing written notice. Upon termination, you remain responsible for payment of fees for work completed up to the date of termination, plus any outstanding disbursements. We will provide you with your file materials and assist with transition to new counsel if requested, subject to payment of outstanding fees.

Our Right to Terminate

We may terminate our services in certain circumstances, including:

Non-payment of fees or expenses
Breach of the terms of our engagement
Conflict of interest that cannot be resolved
Instructions to act in a manner contrary to professional rules
Breakdown in the solicitor-client relationship
Other good cause as recognised by professional regulations

We will provide reasonable notice of termination where circumstances permit, and will take steps to avoid prejudicing your interests.

Governing Law and Jurisdiction

These Terms of Service are governed by and construed in accordance with the laws of Scotland. Any disputes arising from these terms or our services will be subject to the exclusive jurisdiction of the Scottish courts. This choice of law and jurisdiction applies regardless of where you are located when accessing our website or engaging our services.

If any provision of these terms is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

Changes to Terms

We reserve the right to modify these Terms of Service at any time. When we make significant changes, we will update the date at the bottom of this page and may provide additional notice through our website or direct communication. Material changes affecting existing client engagements will be communicated directly to affected clients.

Your continued use of our website or services after changes to these terms constitutes acceptance of the modified terms. If you do not agree to the modified terms, you should discontinue use of our website and services.