Last Updated: December 2024

Effective Date: December 2024

These Terms and Conditions govern your use of Thornwell Law's website and the provision of legal services. By accessing our website or engaging our services, you agree to be bound by these terms. Please read them carefully.

Definitions

Use of Legal Services

Attorney-Client Relationship

An attorney-client relationship is established only upon execution of a written engagement agreement. Information provided through our website contact forms or initial consultations does not create an attorney-client relationship unless we explicitly agree to represent you.

Age Requirements

Our services are available to individuals age 18 and older. If you are under 18, you may use our services only with involvement of a parent or legal guardian.

Accuracy of Information

You agree to provide accurate, current, and complete information when engaging our services. You must promptly notify us of any changes to information previously provided that may affect your legal matter.

Prohibited Uses

You agree not to use our website or services for any of the following purposes:

• Any unlawful purpose or in violation of any applicable laws or regulations
• To infringe upon intellectual property rights of Thornwell Law or any third party
• To transmit harmful code, viruses, or malicious software
• To attempt unauthorized access to our systems or networks
• To engage in fraudulent activities or misrepresent your identity
• To harass, abuse, or harm other individuals
• To use automated systems to access our website without authorization
• To resell or redistribute our services without written permission

Intellectual Property

All content on our website, including text, graphics, logos, and software, is the property of Thornwell Law and protected by Canadian and international copyright laws. You may not reproduce, distribute, modify, or create derivative works from our content without explicit written permission.

Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our website for informational purposes and to engage our services. This license does not include any rights to download, copy, or modify content except as necessary for normal website functionality.

Client Materials

You retain all rights to materials and information you provide to us. By providing materials, you grant us a license to use such materials solely for the purpose of providing legal services to you.

Payment Terms

Fee Structure

Legal fees are charged according to the fee structure outlined in your engagement agreement. Fee arrangements may include flat fees, hourly billing, or other arrangements as specified in writing. All fees are quoted in Canadian dollars (CAD).

Payment Timing

Payment is due according to the terms specified in your engagement agreement. For flat fee services, payment is typically due before commencement of work. For hourly billing, invoices are issued monthly and payment is due within 30 days of invoice date.

Accepted Payment Methods

We accept payment by cheque, bank transfer, and major credit cards. Payment processing fees may apply to credit card transactions.

Late Payment

Overdue accounts may be subject to interest charges at a rate of 2% per month or the maximum rate permitted by law, whichever is lower. Continued non-payment may result in suspension of services and referral to collections.

Disputes

If you dispute any charges, you must notify us in writing within 30 days of receiving the invoice. We will review and respond to disputes promptly.

Refund Policy

For flat fee services, refunds may be available if services are cancelled before work commences. Once work has begun, fees are generally non-refundable but unused portions may be refunded at our discretion based on work completed.

For hourly billing arrangements, you are responsible for payment of all time spent on your matter up to the point of termination. Unused retainer amounts will be refunded within 30 days of final accounting.

Disclaimers and Limitations of Liability

No Guarantee of Results

While we strive to provide competent legal services, we cannot and do not guarantee specific outcomes or results. Legal matters involve uncertainty and outcomes depend on many factors outside our control, including court decisions, actions of opposing parties, and changes in applicable law.

Website Provided "As Is"

Our website and any information provided through it are offered on an "as is" and "as available" basis. We make no warranties, expressed or implied, regarding the accuracy, completeness, or reliability of information on our website.

Limitation of Liability

To the maximum extent permitted by law, Thornwell Law shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from use of our services or website. Our total liability for any claims shall not exceed the fees paid by you for the specific service giving rise to the claim.

Professional Liability Insurance

We maintain professional liability insurance as required by the Law Society of Alberta. Claims for professional negligence are subject to the terms and limits of our insurance coverage.

Termination of Services

Client Termination

You may terminate our services at any time by providing written notice. You remain responsible for payment of all fees for work completed up to the termination date.

Our Right to Terminate

We reserve the right to terminate representation if there is a conflict of interest, if you fail to cooperate or follow our advice, if you fail to pay fees as agreed, or for other good cause. We will provide reasonable notice when possible and will not terminate in a manner that prejudices your interests.

Effects of Termination

Upon termination, we will provide you with any documents or materials in our possession that belong to you, subject to resolution of any outstanding fee obligations. We may retain copies for our records as required by professional conduct rules.

Dispute Resolution

Informal Resolution

In the event of any dispute or disagreement arising from these Terms or our services, we encourage you to contact us directly to attempt informal resolution. Many concerns can be addressed through open communication.

Mediation

If informal resolution is unsuccessful, disputes may be submitted to mediation before an agreed-upon mediator. The costs of mediation shall be shared equally unless otherwise agreed.

Governing Law and Jurisdiction

These Terms and Conditions are governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein. Any legal proceedings arising from these Terms shall be brought in the courts of Alberta, and you consent to the jurisdiction of such courts.

General Provisions

Entire Agreement

These Terms, together with any engagement agreement and our Privacy Policy, constitute the entire agreement between you and Thornwell Law regarding use of our services and website.

Severability

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

No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets with notice to you.

Updates to Terms

We reserve the right to modify these Terms at any time. Updated terms will be posted on our website with a revised effective date. Continued use of our services following posting of changes constitutes acceptance of those changes.