Terms & Conditions

1. Introduction

These Terms and Conditions ("Agreement") govern your use of legal services provided by Kensington Counsel ("we," "our," "us," or the "Firm") and your use of our website located at kensingtouna.info (the "Website").

By engaging our services or using our Website, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to these terms, please do not use our services or Website.

This Agreement constitutes a legally binding contract between you and Kensington Counsel. Specific legal engagements may also be governed by separate retainer agreements that will supplement these terms.

2. Definitions

• "Services" refers to legal consultation, document preparation, legal representation, and related professional services offered by Kensington Counsel.
• "Client" or "You" refers to any individual or entity that engages our Services or uses our Website.
• "Content" refers to all text, images, documents, and other materials available on our Website or provided as part of our Services.
• "Retainer Agreement" refers to any separate engagement letter or agreement governing specific legal matters.
• "Fees" refers to the charges for Services as communicated to you.

3. Use of Services

3.1 Permitted Use

Our Services are intended for individuals and businesses seeking legal assistance in Alberta, Canada. By engaging our Services, you agree to provide accurate and complete information necessary for us to assist you and to cooperate with reasonable requests from our team.

3.2 Age Requirements

You must be at least 18 years of age to engage our Services independently. Individuals under 18 may engage Services through a parent or legal guardian who will be responsible for the engagement.

3.3 Accuracy of Information

You are responsible for ensuring that all information you provide to us is accurate, current, and complete. Our ability to provide effective legal services depends on the quality of information you provide.

4. Prohibited Uses

You agree not to:

• Provide false or misleading information to our firm
• Use our Services for any unlawful purpose or in violation of any applicable laws
• Attempt to obtain Services through fraudulent means
• Infringe upon the intellectual property rights of our firm or third parties
• Interfere with or disrupt our Website or servers
• Attempt unauthorized access to any portion of our systems
• Use automated systems to access our Website without permission
• Resell or redistribute our Services without authorization
• Engage in harassment or abusive behavior toward our staff

5. Intellectual Property

5.1 Ownership

All content on our Website, including but not limited to text, graphics, logos, and software, is the property of Kensington Counsel or its licensors and is protected by Canadian and international copyright laws.

5.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our Website for personal, non-commercial purposes in connection with seeking or using our Services.

5.3 Your Content

Documents and information you provide to us remain your property. By providing materials to us, you grant us a license to use them solely for the purpose of providing Services to you.

6. Payment Terms

6.1 Fees and Currency

All fees are quoted and payable in Canadian Dollars (CAD). Fee estimates are provided before commencement of Services and are outlined in your Retainer Agreement where applicable.

6.2 Payment Timing

Consultation fees are due at the time of booking. For other Services, payment terms will be specified in your Retainer Agreement, typically requiring payment upon completion or according to an agreed schedule.

6.3 Accepted Methods

We accept payment by major credit cards, e-transfer, and cheque. All payments are processed securely.

6.4 Taxes

Applicable taxes (GST) will be added to fees where required by law.

7. Refund Policy

Our refund policy is as follows:

• Consultation fees are non-refundable once the consultation has commenced
• Cancellations made more than 48 hours before a scheduled consultation may receive a full refund
• For ongoing Services, refunds for unused portions may be available depending on the work completed
• Refunds will be processed using the original payment method within 10 business days

Specific refund terms may be outlined in your Retainer Agreement and will take precedence over these general terms.

8. Disclaimers and Limitations

8.1 No Guarantee of Outcomes

Legal matters are inherently uncertain. While we provide competent and diligent service, we cannot and do not guarantee any particular outcome or result. Past results do not guarantee future outcomes.

8.2 Website Information

Information on our Website is provided for general informational purposes only and does not constitute legal advice. The content should not be relied upon without seeking professional counsel specific to your situation.

8.3 Limitation of Liability

To the maximum extent permitted by law, Kensington Counsel shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our Services or Website.

8.4 Force Majeure

We shall not be liable for delays or failure to perform our obligations due to circumstances beyond our reasonable control, including but not limited to natural disasters, government actions, or system failures.

9. Termination

9.1 Termination by Client

You may terminate our Services at any time by providing written notice. You will remain responsible for fees incurred up to the date of termination.

9.2 Termination by Firm

We may terminate Services if you breach this Agreement, fail to pay fees when due, provide false information, or if continuing representation would violate professional obligations. We will provide reasonable notice where possible.

9.3 Effects of Termination

Upon termination, we will return your original documents and provide you with copies of work product, subject to payment of outstanding fees. Confidentiality obligations survive termination.

10. Dispute Resolution

10.1 Informal Resolution

In the event of any dispute arising from this Agreement or our Services, we encourage you to first contact us directly to attempt informal resolution. Many issues can be resolved through open communication.

10.2 Mediation

If informal resolution is not successful, parties agree to attempt mediation before pursuing other remedies, using a mutually agreed mediator in Calgary, Alberta.

10.3 Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of Alberta and the federal laws of Canada applicable therein. Any legal proceedings shall be conducted in the courts of Alberta.

11. General Provisions

• Entire Agreement: This Agreement, together with any Retainer Agreement, constitutes the entire agreement between you and Kensington Counsel regarding the subject matter herein.
• Severability: If any provision of this Agreement is found to be unenforceable, the remaining provisions shall continue in full force and effect.
• No Waiver: Failure to enforce any provision of this Agreement shall not constitute a waiver of that provision or the right to enforce it later.
• Assignment: You may not assign your rights under this Agreement without our written consent. We may assign our rights to a successor firm or practice.
• Notices: Notices under this Agreement shall be in writing and sent to the addresses provided or to email addresses on record.

12. Contact Information

For questions about these Terms and Conditions, please contact us: