By engaging in any business or services with Orka Marine Consulting Limited, its subsidiaries, affiliates and associates, together hereinafter referred to as “Orka”, clients expressly agree to be bound by the following Terms and Conditions.
Contingency Cases
1. Orka, will use reasonable efforts to secure the best result in the case (in accordance with the client’s written instructions) and will receive a fee in the event of success.
2. Unless otherwise agreed, Orka’s fee (plus any applicable VAT) will be the agreed percentage of the gross recovery or saving achieved subject to a minimum fee of to be agreed on a case-by-case basis payable from first funds received, whether into Orka’s or the client’s bank account, all on a ‘no win no fee’ basis.
3. Orka will be responsible for and pay its/the client’s lawyers’ fees (excluding expenses unless otherwise agreed) but not adverse costs orders made against the client nor will Orka necessarily provide security for costs if requested or if the client is ordered to do so. The client will deal directly with Orka’s appointed lawyers when requested to do so.
4. Orka reserves the right to discontinue work on the case if, in its sole discretion, no success is likely to be achieved taking into account the merits of the case, the financial strength of the respondent/paying party and disproportionate legal costs being/likely to be incurred.
Orka does not undertake to pursue the case to conclusion at any cost. Other grounds for discontinuing work will include but not be limited to:
i. Non-payment of funds due in accordance with this agreement within 14 days of a request to do so;
ii. misconduct, imprisonment, fraud or bankruptcy of the client;
iii. failure by the Client to provide correct, complete or accurate instructions or information;
iv. breach of these conditions by the client.
5. Orka will give the client 10 days’ notice (or 4 days’ notice if there has been a breach of fee payment terms as above) of any intention to discontinue work on the case. The client will not in these circumstances be responsible for Orka’ fees/expenses, except third party disbursements (unless otherwise agreed).
6. Provided they were advanced by Orka, if legal costs are paid in addition to any recovered amount, these will be for the credit of Orka/its lawyers and payable in addition to the fee agreement contained in paragraph 2 above and from first received funds.
7. The client undertakes:
i. to give Orka/its appointed lawyers or experts instructions, evidence and access to necessary witnesses, all at its cost, when reasonably requested to do so;
ii. to give (by agreeing these terms) Orka irrevocable instructions/authority to deal with the case and to act in accordance with the reasonable recommendations of Orka to settle or compromise the case;
iii. to undertake no direct negotiations with opposing interests (either directly or through an intermediary) without Orka’s written approval and any settlement negotiated will entitle Orka to recover its fee (and any recoverable lawyers’ fees) in full unless notice, in accordance with clause 5 above, has been given;
iv. to irrevocably agree that any money(ies) recovered from any third party(ies) shall be payable in the first instance directly to the account of Orka prior to any reconciliation with the client.
Hourly Rate Cases
8. Unless otherwise expressly agreed in writing, Orka’s fees are calculated on an hourly basis at varying rates depending on the seniority and experience of the case-handler involved, the complexity of the matter, the value of the transaction and the urgency involved. Hourly rates are subject to periodic review and adjustment. It is our practice to issue invoices for our fees and expenses on a regular interim basis. All invoices are due for payment within 14 days of delivery, failing which interest may be charged at 1% above the prime rate of interest. Although we may at your request provide estimates of fees that we anticipate may be incurred, such estimates are by their nature inexact and we will not be bound by them unless expressly agreed in writing.
General Conditions
9. The client remains responsible for disbursement costs which may include arbitrator appointment fees, courier costs, local correspondent costs and/or other third party costs or expenses. The client will be notified about such costs at an appropriate time and before such costs are incurred.
10. Orka does not undertake to pursue the case to conclusion at any cost. Grounds for discontinuing work may include but not be limited to:
i. non-payment of fees due in accordance with this agreement within 14 days of a request to do so;
ii. misconduct, imprisonment, fraud or bankruptcy of the client;
iii. failure by the Client to provide correct, complete or accurate instructions or information;
iv. breach of these terms and conditions by the client.
11. Orka shall have no liability to the client under its retainer if it is prevented from, or delayed in performing, its obligations under the contract or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving the workforce of Orka or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, terrorism, malicious damage, outbreak of disease, communicable illness or virus, lockdown, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
12. Orka shall be under no liability whatsoever to the client for any loss, damage, delay or expense of whatsoever nature, whether direct or indirect and howsoever arising in the course of the performance of its retainer unless same is proved to have resulted from negligence, or wilful default of Orka or any of its members, employees or agents, in which case Orka’ liability for each incident or series of incidents giving rise to a claim or claims shall never exceed a sum equivalent to the fees paid by the client in respect of the case the claim(s) arose under.
13. Destruction of documents: At the conclusion of a matter we will review our file and discard any unnecessary additional copies of documents, then send the balance of the file to an off-site facility for storage at our expense, unless you request us to deliver the file to yourself. To minimise the storage expenses, we reserve the right, subject to your written contrary direction, to retain files for only six years from the completion of the matter and to destroy older files to the extent practical. If you wish us to handle the disposition of files in a different manner, please let us know in writing. Otherwise, we will proceed as set forth above.
14. Complaints Procedure: Any client complaints should be directed to the supervising Director of Orka owho will implement the appropriate procedure. In the event a dispute arises between Orka and the client, such dispute must first be referred to Mediation in London. A procedure for Mediation must be agreed upon by the parties within 14 days of one party requesting Mediation. Unless otherwise agreed, the parties will share the cost of the Mediation equally. In the event that Mediation is unsuccessful, the matter shall be referred to arbitration in London in accordance with the Arbitration Act 1996 or any statutory modification or re-enactment thereof.
15. These conditions will be governed and construed in accordance with English Law and any dispute arising hereunder will be determined by the exclusive jurisdiction of the English Court save for any proceedings necessary for Orka or its affiliates to enforce these conditions.
16. By instructing us and continuing to deal with us in connection with any matter where we are acting on your behalf, you are deemed to have read, understood and agreed to these conditions. If you are an intermediary or agent instructing us on behalf of Principals, you undertake to bring these conditions to the attention of your Principals and procure their acknowledgment and agreement to these conditions.
The Orka Group Anti-Bribery and Corruption Policy
Orka and its associated, affiliated and subsidiary companies are committed to carrying out business fairly, honestly and openly and have a zero tolerance approach to bribery and corruption.
In accordance with the Bribery Act 2010 the Orka Group prohibits the:
1. offer, promise, giving, solicitation or acceptance of any bribe, whether a financial or other advantage, directly or through a third party, to any person or company or public official;
2. by any individual employee, agent or person who performs services or acts on behalf of Orka and its affiliates;
3. in order illegally or unethically to obtain or retain business or an advantage in the conduct of business, or gain a financial or other advantage for Orka including associated, affiliated and subsidiary companies or for any individual or any person or company connected with that individual.
All persons who act on business for Orka must adhere to this policy and have similar policies in place.
Our Privacy Policy
General Data Privacy Notice
This data privacy notice sets out the ways in which we comply with the UK General Data Protection Regulation (GDPR). It provides information on your rights in respect of your personal data, how we use it and the safeguards we have in place to protect it.
Data Controller
This is Orka Marine Consulting Limited. Their contact details are:
T: +44 7897 505 745
E: kaan@orka-consulting.com
A: Alliance House, 12 Caxton Street, London, SW1H 0QS
Data Protection Officer (DPO)
You can contact our DPO by sending an email to kaan@csolutionslimited.com marked for the attention of the DPO or by writing to us at: Alliance House, 12 Caxton Street, London, SW1H0QS
How data is used
Orka may process your personal information as part of its legal and claims consultancy business, which includes but may not be limited to: claims, legal services, outsourcing, risk management, employment, marketing.
Categories of data
Orka maintains personal data for individuals who instruct us on behalf of organisations including clients, individuals, directors and shareholders who work for such organisations; subjects of claims, investigations, proceedings; claimants, beneficiaries, assignees and payees; advisers, consultants, contractors, counsel, lawyers, brokers, arbitrators, mediators and experts; third parties involved in matters or business in which we are involved; business associates and partners; professional bodies; trade associations; courts and tribunals; business contacts; complainants; employees, relatives and guardians; shareholders; suppliers including suppliers of professional and general services; witnesses; applicants for employment or other opportunities; pension providers.
The data we collect
For individuals the data we may collect under these categories includes: title, first name, last name, job title, company name, company address, home address, phone and fax numbers, email address, marketing preferences/records, professional qualifications and interests, personal interests, interaction and engagements with us, financial data (where relevant), service data.
The legal bases on which we hold data
In order for us to conduct business and fulfil our legal, regulatory and contractual obligations, we need to perform legitimate functions including: KYC and anti-money laundering reviews; conflict checking; dealing with and servicing contracts; handling matters and cases; appointing experts and other third parties; reporting; financial functions including invoicing, remittance, collections, payments; auditing; marketing communications; business communications; risk management services; investigation services; performance measurements; IT services; business continuity; HR functions including payroll and recruitment; responding to enquiries and complaints; organising events.
Where your data is stored
The data we collect is stored or processed in the United Kingdom or any other country in which we maintain a presence. If we need to transfer your data we will ensure that this is done in accordance with our obligations under the GDPR.
Data security
We have in place physical, technical and organisational measures that prevent unauthorised access or use of your data. These controls include secure data centres, designated access, IT security and usage policies, encrypted devices, password protected and encrypted software.
How long we hold data
We may need to retain data: to satisfy regulatory or statutory requirements; to evidence agreements, events or processes; to meet our operational requirements; to permit us to conduct business. Personal data that we hold will be reviewed and any data no longer required will be destroyed at our discretion.
Your rights
You have the right to: access and obtain a copy of your data upon request; object to the processing of your data; require us to amend incorrect or incomplete data; ask us why we are processing your data; ask us how long we intend to hold your data. If you would like to exercise your rights, please contact our Data Protection Officer. No fee will be chargeable, but we reserve the right to charge a reasonable fee if you request is unfounded, repetitive or excessive.
You can opt out from receiving marketing communications from us at any time by writing to kaan@orka-consulting.com or using the unsubscribe option in the messages we send.
The right to complain
If you feel that your rights under the GDPR have been infringed, you have the right to lodge a complaint with the Information Commissioner’s Office.
Use of this Website
This website contains general information and does not constitute legal advice. As always, specific professional advice should be taken on each individual matter.
The content and design of this website are subject to copyright owned by Orka Consulting Limited. Reproduction of part or all of the contents in any form is prohibited.
This website may contain links to other websites. These links are provided to allow further information and are not intended to signify that Orka endorses such websites or content.
Orka has no responsibility for the content of the linked website. It is your responsibility to check the terms and conditions of any other websites you may visit.