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TERMS & CONDITIONS



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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.

 

 

OFFICE


Alliance House 12 Caxton Street London SW1H 0QS

kaan@orka-consulting.com
+44 (0) 7897 505745

omer@orka-consulting.com
+44 (0) 7515 526772

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Orka Marine Consulting Ltd. 2024



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+44 (0) 7897 505745


kaan@orka-consulting.com
omer@orka-consulting.com