IMPORTANT REGULATORY NOTICE: ACL Data Ltd (“Allay” or “ACL”) is not authorised by the Financial Conduct Authority to conduct regulated claims management activities. Consumers should be aware that certain protections available with authorised firms may not apply.

1. SCOPE OF SERVICES
   1. ACL provides certain claims-related services.
   2. ACL Data Ltd is not authorised by the United Kingdom Financial Conduct Authority to conduct regulated claims management activities. Where required by law, we will ensure that regulated claims management services are provided by a person who is authorised to conduct such activities for the purposes of the Financial Services and Markets Act 2000 (“FSMA“) or otherwise (a “Regulated Firm“).
2. SERVICES PROVIDED BY ACL:
   1. Subject to clause 2, services provided by ACL will consist of:
      1. Assessing potential claims you may have against a third party service or product provider;
      2. Representing your claim for redress from a provider where we believe there is a valid claim;
      3. Negotiating and obtaining an offer of redress for you; and
      4. Where necessary and deemed appropriate, pursuing the case through to resolution.
   2. We will not seek out persons who may have a claim or refer or identify claims or potential claims, where those claims are specified for the purposes of FSMA (“Potentially Regulated Claims“). In relation to Potentially Regulated Claims, [in accordance with the consent that you have provided or hereby provide], we reserve the right to:
      1. identify a Regulated Firm to assess Potentially Regulated Claims, including for mis-sold Payment Protection Insurance (PPI) and excessive or hidden commissions received by the lender(s);
      2. license our database of customers, including your data (in accordance with our privacy policy) to that Regulated Firm; and
      3. transfer the conduct of any Potentially Regulated Claims to the Regulated Firm. To the extent that any services are provided to you by the Regulated Firm, those services will be governed by the Terms of Business of that Regulated Firm, including in relation to fees payable to that Regulated Firm.
   3. We may charge the Regulated Firm for the provision of data.
   4. We make no representation or warranty to you that redress will be obtained or is in any way guaranteed.
   5. Where we are required to identify a Regulated Firm under paragraph 2, we shall appoint any person we consider fit to provide such claims management services and you agree that our obligations under this agreement may be transferred to such a replacement provider of claims management services. We will notify you of a recommended transfer of this agreement via written or electronic communication (incl. Email and SMS).  You further agree that the benefit of any or all of our rights under or relating to this agreement may be assigned to any of our affiliates, funders, investors or any other third party, provided that we reasonably consider that such assignee is capable of performing our obligations under this agreement. This agreement may be varied by us by giving you adequate notice via written or electronic communication (incl. Email and SMS). References in this agreement to “we”, “us”, “our” or “Allay” means ACL Data Ltd. or our successors, transferees and assigns.
3. ALLAY SERVICE CHARGE:
   1. Where we act for you in relation to any unregulated claims, we:
      1. will do so on a strictly “No Win No Fee” There are no hidden fees. If no redress is recovered, no charge is payable. However, if an offer is made by a product provider (a Provider), which meets any applicable resolution scheme guidelines, but which you choose to reject, or if you attempt to cancel after an offer has been made, then our full fee will still be due and payable; and
      2. will be entitled to receive 24% (inclusive of VAT where applicable) of redress recovered relating to all relevant claims, no matter if received after the initial settlement, or however received. This fee is calculated before any applicable tax payment/deduction for which you are liable (gross amount).
   2. Example: If the agreed fee is 24% (inclusive of VAT where applicable) and the redress we obtain for you is £1,000 then the fee payable by you to us would be £240 (inclusive of VAT where applicable). If the redress we obtain for you is £3,000 then the fee payable by you to us would be £720 (inclusive of VAT where applicable). If the redress we obtain for you is £10,000 then the fee payable by you to us would be £2,400 (inclusive of VAT where applicable). The fee will be payable to us immediately upon receipt of your redress.
   3. We have the right to reduce the % fee charged to you upon successful completion of your claim(s). We will notify you of this variation in fee if this applies to your claim(s).
   4. We will continue to represent your interests with the Provider in order to ensure that the correct amount of redress is paid. If any further payments are received from the Provider, they will be subject to the same terms and conditions regarding fees payable by you, to us.
   5. You are obliged to notify us of any offer of payment made to you by the Provider relating to all claims. If you independently receive a settlement amount direct from the Provider, as a result of a claim made by us on your behalf, which you fail to disclose to us, then you will be obliged to pay our full fee.
   6. In the event that a fee due to us by you remains unpaid after 21 days then an administration charge of £50 will be added to the balance outstanding and late payment interest will be calculated at 8% per annum from the date that the fee became due until payment is made. Should we have to take steps to recover any fees due, you will be liable to pay any third party recovery costs incurred.
4. IMPORTANT INFOMATION:
   1. You understand that you could pursue any complaint yourself, without the involvement of Allay or any Regulated Firm.
   2. Where we are providing services to you in relation to any unregulated claims:
      1. we will notify you once a claim has been identified and submit your complaint to the Provider. If the claim is successful, our normal fee, as per this Terms of Engagement, will apply;
      2. From the point we submit your complaint, you have a 14 day cooling off period during which you can cancel your contract with us in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. If at any time during the 14 day cooling off period we obtain an offer of compensation for you, our normal fee will be payable. To cancel your contract with us, email your cancellation request to cancellations@allay.co.uk. You also have statutory cancellation rights under consumer protection legislation which may extend beyond this 14-day period in certain circumstances.
      3. If you terminate this agreement after the 14 day cooling off period and prior to an offer of redress, Allay reserves the right to make a reasonable and proportionate cancellation charge that will reflect the work undertaken by Allay in pursuit of your claim. When a cancellation is requested, we will send you an itemised bill outlining the work Allay have carried out on your behalf. Charges will be calculated as follows:
         1. For substantiation and referral of your claim to the Provider, we will charge you £60 (inclusive of VAT where applicable).
         2. For referral of your claim to any applicable resolution scheme, we will charge you £60 (inclusive of VAT where applicable).
         3. For any manual communication e.g. an outgoing or incoming call/letter/email to or from either You or the Provider, we will charge you £40 (inclusive of VAT where applicable).
         4. For any automated communication e.g. automated update letters or text messages to you, we will charge you £10 (inclusive of VAT where applicable).
   3. If you are unhappy with the service at any stage, please contact Customer Services in the first instance. We will acknowledge your complaint within 2 business days and provide a substantive response within 8 weeks. If you are still unhappy, please refer to our website for further information on how to escalate your complaint or email us at complaints@allay.co.uk. For further information on our complaints procedure, refer to our website www.allay.co.uk
   4. You have the right to seek further advice regarding your contract with us and compare the services with other providers.
   5. Please refer to our website for more information about our company.
   6. By agreeing to these Terms of Engagement you are authorising us (or our nominee or any Regulated Firm providing claims management services, identified under paragraph 5 above) to search your credit file using your personal data in order to retrieve required information (e.g. account numbers and start dates) on all current and historical accounts and claims you may have.
   7. By agreeing to these Terms of Engagement you are confirming that you are not in arrears and are not and have never been declared insolvent, either by way of Bankruptcy Order/Debt Relief Order.
   8. Allay may assign administrative functions of your claim. Such assignment may include collection of fees payable, which will be notified to you as appropriate.
   9. By agreeing to these Terms of Engagement, you agree that we may share any information you provide to us including your personal data with our sub-contractors, affiliates, any Regulated Firm, and with our funders and investors for verification, compliance and monitoring purposes.
   10. For further information on our privacy policy, refer to our website www.allay.co.uk/privacy-policy.
   11. Entire Agreement: These Terms of Engagement constitute the entire agreement between you and us (or our assignee) and supersede all prior agreements, understandings, and communications.
   12. Governing Law: These Terms of Engagement are governed by English law and subject to the jurisdiction of the English courts.
   13. Severability: If any provision of these Terms of Engagement is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
   14. Limitation of Liability: Nothing in these Terms of Engagement excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law. Subject to this, our total liability to you for any loss or damage arising under or in connection with these Terms of Engagement shall not exceed the total fees paid or payable by you to us under this agreement.