The following standard terms of business apply to the Online Will Service. The Online Service involves using 4 Probate and Wills Ltd for the preparation of your Will. All work carried out in the provision of the Online Service is subject to these terms except where changes are expressly agreed in writing.
‘We’ and ‘Us’ means 4onlinewills.co.uk/4 Probate and Wills Ltd. ‘You’ means an individual who enters into a contract with us for the Online Service. ‘Document(s)’ means the Will(s) prepared for you. We are responsible for preparing your Documents under the Online Service.
1. Definitions and Interpretation
In these Terms and Conditions, the following terms shall have the following meanings:
“Calendar Day” means any day of the year;
“Contract” means the contract for the purchase and sale of the Services under these Terms and Conditions;
“Order” means your completed order for the purchase and provision of Services;
“Payment Information” means all information required to take the required payments from you and includes, but is not limited to, credit/ debit card details and residential address details;
“Sales Literature” means the services which we are to provide in accordance with these Terms and Conditions, any specific terms which apply only to those services, and as specified in the Order;
“Services” means the services which we are to provide in accordance with these Terms and Conditions, any specific terms which apply only to those services, and as specified in the Order.
Unless the context otherwise requires, each reference in these Terms and Conditions to:
1. “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
2. a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
3. “these Terms and Conditions” is a reference to these Terms and Conditions and the Schedule as amended or supplemented at the relevant time;
4. a Schedule is a schedule to these Terms and Conditions; and
5. a Clause, Section or paragraph is a reference to a Section of these Terms and Conditions (other than the Schedules) or a paragraph of the relevant Schedule.
The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.
Words imparting the singular number shall include the plural and vice versa.
References to any gender shall include the other gender.
2. Procedures
You will enter the information online that is required to be able to prepare your Document(s). We will then collate that information and prepare a Document(s) as per your instructions which will be sent to you First Class Signed For Royal Mail with the relevant signing guidance and instructions on what to do next.
3. Our Obligations are to:
1. Prepare your Document(s) using the information provided by you;
2. Have those Documents prepared and sent out to you within 7 working days of your submission online;
3. Maintain the strictest confidentiality and not to pass on your details to any other organisation without your express written permission unless legally required to do so and shall comply with all legislation in force relating to data protection.
For more information on how we hold your data please view our privacy notice which is available on our website at www.4onlinewills.co.uk
4. Where selected, offer an additional service that checks the correct signing of the Document(s) has taken place and arrange secure storage of the Document(s) for an additional annual fee.
5. Where we arrange a secure storage service, we do not accept any liability or obligation to advise you of any changes in legislation or taxation which may affect you either directly or indirectly and may necessitate a review of your Documents. We recommend any Document(s) should be reviewed BY YOU at least every three to five years or in the event of any material change in your circumstances, such as divorce, marriage, the birth of children or the inheritance of a large sum of money etc.
6. Where we cannot legally or practically follow the instructions given by you, we must explain any differences between your instructions or expectations and the documents to be provided.
7. The Online Service does not provide advice in relation to Inheritance Tax, Estate Planning, Trusts or any other matter. If you require such advice, please contact us, as this will fall outside the scope of the Online Service and will attract additional charges.
8. We reserve the right to make additional charges should your conduct result in us spending time over and above what would be considered reasonable using this Online Service, such as needing to re-draft the Document(s) should you change your mind after submission.
4. Notice of the Right to Cancel and Distance Selling
By using the Online Service, you agree to be bound by our Terms of Business. As we have taken your instructions online, you have 14 days to change your mind and give us notice to cancel. However, by agreeing to these Terms of Business, you agree for us to commence work within the 14-day period.
Cancellation requests without refunds being payable must be made in writing to 4 Probate & Wills Ltd, 2 @ The Dock, 46 Humber Street, Hull, HU1 1TU.
5. Payment and Refunds
Payment for the Online Service is made by debit or credit card and no refund, subject to your statutory rights, can be made once preparation of your Document(s) has commenced.
The price (inclusive of VAT) of the Document(s) will be the price displayed on the website and indicated on the order pages when you place your order.
The total price for Document(s) and/or Services ordered, including any relevant delivery charges, will be displayed on the website when you place your Order. Full payment must be made before the Document(s) and/or Services can be provided.
In the event that you decide not to sign a Document(s), the price of the Document(s) will not be refunded. In the event during the course of undertaking the work it becomes apparent that the work cannot be carried out for the agreed fee, we will return to you at the earliest opportunity to advise on costs.
6. Liability
4onlinewills.co.uk is an online service providing legal forms and information. It is not a law firm and is not registered or regulated by the Solicitors Regulation Authority. Any use of our Document(s) or the website does not create or constitute a lawyer-client relationship between us and you.
When preparing the Documents we accept no responsibility or liability for verifying your identity, your testamentary and/or mental capacity, whether you are or were subject to any undue influence when using the online service or signing your Documents, whether you knew, understood and approved the contents of your Documents, and whether there were or might be any actual or potential third party beneficiary(ies) who might have a claim in law against your Estate. We have no duty to any person other than the person making the online Will.
If we fail to perform the Services with reasonable care and skill, we shall carry out remedial action at no extra cost to you.
We shall not be liable to you or be deemed to be in breach of these Terms and Conditions by reason of any delay in performing, or any failure to perform, any of our obligations if the delay or failure was due to any cause beyond our reasonable control or where you have failed to meet your obligations under Clause 7 below.
7. Your Obligations are to:
1. Ensure that all of the information you provide is accurate and complete.
2. Agree to take particular care when providing us with your details and warrant that these details are accurate and complete and are not false or misleading or misrepresent your identity. Where requested, you must provide us with valid and complete contact details including your date of birth, a valid email address and a valid residential address.
3. Confirm that you are not being unduly influenced or coerced by anyone and that you have the sufficient mental capacity to be able to provide information and sign the Document(s). This will be confirmed by you submitting the online form.
4. If checking and secure storage is selected, to return the Document(s) to us as soon as possible. If you fail to return the Documents to us, we shall accept no liability for the Document(s). We shall not be responsible for any delay due to your failure to comply with the above.
5. To notify us if you do not receive your Document(s) within 10 days of your online submission, unless otherwise agreed.
8. Client Care
We are committed to providing you with a high-quality service. We maintain a full complaints procedure to which any complaint should first of all be addressed. If the matter is unable to be resolved to your satisfaction you may refer it, in writing, to the Complaints Department, The Society of Will Writers. Chancery House, Whisby Way Lincoln, LN6 3LQ. We comply with the Society’s Code of Practice of which a copy is available upon request. A customer satisfaction survey is available from us. The survey is also available online at https://www.willwriters.com/satisfactionsurvey.html.
9. Your Personal Data
We will keep your information passed to us confidential and will not disclose it to third parties except as authorised by you or required by law. In certain circumstances the law requires us to disclose information relating to you. If on your authority we are working with other professional advisers, we will assume that we may disclose any relevant aspect of your affairs to them.
All of the personal information which we will obtain will be from you personally.
During the course of our work it may be necessary to discuss the matter with other professionals or experts. Your acceptance of this Contract amounts to your acknowledgement that we will disclose information which we consider necessary to progress the matter, and fulfil our contractual obligations to you or your contractual obligations to any third party.
The Internet is not secure and there are risks. We will assume, unless you tell us otherwise, that your online arrangements are sufficiently secure and confidential to protect your interests. Data which we send by email is not routinely encrypted, so you must tell us if you require data to be encrypted.
We will take reasonable steps to protect the integrity of our computer systems by screening for viruses on emails sent or received. We expect you to do the same for your computer systems.
We promise to respect the data we hold on you. Your acceptance of these terms acknowledges that we will keep your details on our database, case management systems (or in any other physical or digital form):
1. so that we can provide you with the agreed services;
2. for administration and accounting purposes;
3. so that we can make credit and or identification searches;
4. so that we can retain a true, full and accurate record of any matter which we deal with for you, for our and your reference both whilst the matter is proceeding and for as long following conclusion of the matter as we may reasonably feel that we and/or you may have a legitimate interest in possibly having to access and have reference to the same (in most cases 7 years from the date when any document created under the Contract becomes legally ineffective or is actioned);
5. so that we can send you relevant information on our services and on events that may interest you either by email or post; and
6. so that we may seek your views on the quality of service which we have provided to you.
All information that we hold concerning you as an individual will be held and processed by us strictly in accordance with the provisions of the Data Protection Act 2018 and the General Data Protection Regulations (or any statutory or regulatory successors thereto).
We will not, without your consent, supply your name and address (and/or email address) to any third party except where:
1. It is necessary as part of the legal services that we undertake for you; or
2. We engage third party services in order to obtain feedback from you relating to our services; or
3. With your consent, to distribute marketing materials to you.
In these situations, we will always ensure that we have contractual agreements in place with such third parties which are compliant with the Data Protection Act 2018, and/or the General Data Protection Regulations, and provide the highest standard of protection for your data, even if such data is to be sent outside of the EEA.
We will become subject to periodic checks by The Society of Will Writers’ approved consultants and assessors. This could mean that your file is selected for checking, in which case we would need your consent for the checking to occur. All such checks are conducted by individuals who have provided us with a confidentiality agreement. Your acceptance of this Contract amounts to consent to make your file available for checking. If you do not want us to make your file available for checking you must notify us immediately and we will mark the file accordingly. If you refuse to give consent to checks, the refusal will not affect the way your matter is handled in any way.
In the event that 4 Probate and Wills Ltd, or any part of the business currently trading under that name (including any book of work consisting of one or more Customer files) is (or is potentially to be) acquired by a third party, personal data held by 4 Probate and Wills Limited about its Customers may be reviewed by any potential acquirer (subject to appropriate data protection measures being put in place) and will be transferred as part of the assets of the acquirer firm.
All calls to and from our main office telephone numbers, and all interviews between us and you, may be recorded for monitoring and training purposes. These recordings will be dealt with in the same way as any other confidential information passed to us, as detailed above.
You have a right under the Data Protection Act 2018 and/or General Data Protection Regulations to: -
1. be informed about the collection and use of your personal data in a transparent manner;
2. access your personal information, including a description of the data that we hold on you (or a copy of any recorded call involving you). Should you have any queries concerning this right, you should contact the Company at info@4probateandwills.co.uk or in writing.
3. (in limited circumstances) have your personal data erased;
4. (in limited circumstances) request the restriction or suppression of your personal information;
5. obtain and reuse your personal data for your own purposes across different services;
6. (in limited circumstances) object to the processing of your personal information;
7. be made aware of any automatic decision making or profiling undertaken by us or those we engage to provide our service to you, using your personal information. We confirm that your personal information will not be held for this purpose, save as expressly authorised by you as the Contract work progresses;
8. lodge a complaint with the Information Commissioners Office in respect of any breach relating to your personal information. Their helpline number is 0303 123 1113.
This contract: -
a) Shall be governed by and interpreted in accordance with English Law. Any disputes or claims concerning this agreement and any matters arising from it shall be dealt with only by the courts of England and Wales.
b) If we or you do not enforce our respective rights under this agreement at any time it will not prevent either of us or you from doing so later.
c) If any provision of this agreement is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this agreement which shall remain in full force and effect.