TERMS AND CONDITIONS FOR THE PURCHASE OF ONLINE WILLS
Please read these Terms and Conditions carefully, they contain important information about your rights and obligations. In particular your attention is drawn to the limitations on our liability to you set out in Clauses 7, 9 and 11. You can print out these Terms and Conditions by clicking on the print icon on your browser.
1. Introduction
1.1 Please read these Terms and Conditions carefully before placing an Order for an online Will.
1.2 The online will writing service is provided by:
Irwin Mitchell Solicitors
Riverside East
2 Millsands
Sheffield
Yorkshire
S3 8DT
VAT Number - 1727333167
1.3 Irwin Mitchell Solicitors is regulated by the Law Society of England and Wales and is registered under number - 51747
1.4 Irwin Mitchell Solicitors is also regulated by the Financial Services Authority and is registered under number - 127038
1.5 Please also see Clause 11.10 for further information in relation to our regulation by the Law Society and the Financial Services Authority.
1.6 A full list of the Partners of Irwin Mitchell is available for inspection at our offices at Riverside East.
1.7 Please see Contact Us for full contact details.
1.8 By clicking on the "I Accept" button at the bottom of these Terms and Conditions or placing an Order for an online Will you agree to be legally bound by these Terms and Conditions (as amended by Irwin Mitchell Solicitors from time to time) to the exclusion of all other terms and conditions.
2. Definitions
2.1 "Order Form" means the form completed by you online when you order a Will;
2.2 "Order" means your offer to purchase a Will from us;
2.3 “Website” means the Irwin Mitchell Solicitors/AA co-branded website with the url: www.aawills.com;
2.4 "we" "us" "our" means Irwin Mitchell Solicitors; and
2.5 "Will" means will or wills ordered by you from us as detailed on the Order Form.
3. Nature of the Website
The Website is a place for you to select and Order online Wills. The Website describes the Wills in more detail.
4. Ordering an Online Will and Pricing
To order an online Will you will need to follow the ordering procedures set out here.
4.1 Browse the Website and select the Will you would like.
4.2. Complete the simple online questions in full and follow the instructions detailed on the Website to place your Order. You will need to complete the details in the "Checkout" section of the Website. You will have the opportunity to review your Order in the "Checkout" section before pressing the "Place Order" button.
4.3 If you make any errors in your selections up to this point, you can leave the ordering process or click back through the screens and amend any details you have inputted before you press the "Place Order" button.
4.4 In order to order a Will online, you must pay by credit or debit card at the time of placing your Order.
4.5 Details of our prices in pounds sterling for the Wills and the procedure for payment is displayed next to the Will selected on our Website.
4.6 After completing and submitting the Order Form we shall review your Order. We shall then call you to discuss your requirements in more detail. We reserve the right to refuse any Order placed by you online. If we accept your Order we will send an e-mail confirming the details of the Will ordered. No agreement exists between us until this e-mail is available to you.
4.7 You have a right to cancel any Order for a Will on the terms set out in the cancellation section of our Terms and Conditions.
4.8 We do not file a copy of the concluded contract between us for you to access on our Website. Please print out our Terms and Conditions and Order acknowledgement for your own records.
4.9 Our prices are inclusive of all postage and applicable VAT.
5. Timescales for delivery of your Will and Cancellation
5.1 You may cancel your Order for a Will and receive a refund of the fee paid even after placing your Order and us sending our e-mail confirmation. This right lasts for seven working days beginning on the day after our e-mail confirmation is available to you (see Clause 4.6 above) ("Cancellation Period").
5.2 As you will appreciate, we will not start work on your Will until either the Cancellation Period has expired or you have agreed to give up your right to cancel. If you give up your right to cancel we shall begin work on your Will without waiting for the Cancellation Period to expire. You will not be able to cancel your Order once we have started work on your Will.
5.3 We shall use our reasonable efforts to dispatch your Will to you for your review within 5 working days of expiry of the Cancellation Period or receipt of your agreement to give up your right to cancel.
5.4 If you would like to give up your right to cancel your Order then please confirm this at the Checkout section of the Website by ticking the appropriate box.
5.5 We will make all reasonable efforts to dispatch your Will within the time specified in Clause 5.3. If we are unable to comply with this timescale we shall let you know.
6. Data Protection, Privacy and Security
Data Protection
6.1 We are committed to protecting and respecting your privacy. In order that we may provide you with legal services, we need to record and maintain certain information on your personal circumstances including name, address, telephone details, e-mail addresses, and information relating to your Will and the instructions which you give to us in connection with it. We may hold this information in hard copy and in electronic form. This may include sensitive personal information such as information relating to your health, your racial or ethnic origin, political opinion, religious or other beliefs, trade union membership, sex life and criminal convictions. All references to information below may include sensitive personal information of this type.
6.2 We may use all information that we hold about you for the purposes of providing our services and maintaining records about you that we must keep by law or under regulatory requirements.
6.3 We will also pass your name, address and telephone number to the AA where permitted by the Data Protection Act 1998. The AA has its own data protection and privacy policy which sets out its commitment to privacy and data protection obligations. AA privacy policy. You will see from this policy that the AA uses personal data for the purposes of customer services, marketing, customer profiling, customer analysis and fraud/loss prevention purposes. The AA may also wish to send you information from time to time on products and services provided by the AA which may interest you. For the avoidance of doubt, no information about the arrangements or dispositions made under your Will will be made available to the AA under this Clause 6.3.
If you do not want to receive information from the AA on products and services which may interest you by post or telephone then please tick the relevant opt out box at the Checkout section of the Website.
If you are happy to receive information from the AA on products and services which may interest you by SMS then please tick the opt in box at the Checkout section of the Website.
6.4 Except as set out in Clause 6.3 above, we do not pass any information about our clients to third parties for commercial exploitation such as list rental. We pass client information to third parties only where it may be necessary or beneficial in carrying out the work for which you have instructed us, for assisting with administration of your matter or where we have to disclose information to third parties because of our legal or regulatory obligations or to prevent fraud or money laundering. We may however provide information to you via our own mailings or other communications on third party products and services which may interest you.
6.5 We will not pass your information to any third party outside the EEA and any third party (other than the AA) to whom we disclose information about you will be under an obligation to keep your information secure and not to use it for any other purpose than that for which it was disclosed. The AA has its own data protection and privacy policy which sets out its commitment to privacy and data protection obligations. Please see Clause 6.3. AA privacy policy Please see Clause 6.3.
6.6 In addition to the information that you provide, we may also obtain information about you from other individuals, partnerships, companies or other organisations (e.g. a credit reference agency or in order to verify your identity).
6.7 Under the Data Protection Act 1998, you are entitled (on payment of a fee and subject to some exceptions) to a copy of the information we hold about you. If you would like to obtain this information please contact our data protection compliance officer in writing stating what personal information you wish to access. If you would like a copy of the information held by the AA about you then please contact the AA's Data Protection Compliance Manager, The AA, Fanum House, Basing View, Basingstoke, Hampshire RG21 4EA. Or email the AA at aadataprotection@theaa.com.
6.8 By instructing us to provide legal services to you or accepting these Terms and Conditions you consent to us using your information (which may include sensitive personal information) as set out above including transferring it to third parties including the AA for the purposes set out above.
Security
6.9 If you enter your credit or debit card details into our Website, the details will be encrypted with 128 bit encryption and processed by Worldpay which is part of the Royal Bank of Scotland Group.
6.10 Please note that we cannot guarantee that any e-mail sent from you to us will be received by us or that its contents are or will remain secure during or following transmission. Likewise we cannot guarantee that emails sent by us to you are secure. If you have any concerns about the security of email transmissions to or from us, you may prefer to communicate with us by post or telephone.
Use of Cookies
6.11 Cookies (a small piece of information that is stored on your computer in the form of a file) are used on the Website. Cookies are currently used to offer to remember usernames and password options for users. Cookies are also used to improve the user experience. You have the ability to accept or decline cookies by modifying the settings in your browser. The website abountcookies.org has more information on how to decline cookies. Please note that you may not be able to use all the features of the Website if cookies are disabled.
7. Limitations on Online Wills and on our Liability to you
7.1 It is extremely important that you ensure that all information you provide to us (including in completing the online questions which form part of the Order process and answering our telephone questions) is accurate and complete. If any of the information is not accurate and/or complete then it may affect the validity of your Will and/or the disposal of your estate under it may not be correct.
7.2 Please note that the purchase of an online Will is available only to individuals who are over 18 and living in the UK. If an online Will is not available to you then please click here to leave our Website now and telephone 0800 316 3557 to speak to us to discuss what help we can give you with your will. If your assets are over £285,000, our online Wills may not be suitable for your use, and we suggest that you telephone us on 0800 316 3557 to discuss a will which will be suitable for you before proceeding.
7.3 By completing the online questions which form part of the Order questions and answering our telephone questions, you confirm that you are not subject to coercion or undue influence and have sufficient mental capacity to make and execute a will and have not been influenced by anyone in answering the questions.
7.4 Please also note that the online Wills are drafted under and in compliance with the laws of England and Wales, Scotland and/or Northern Ireland as applicable. We are unable to assist you if you would like your will to be governed by the law of another country or if you would like it to be governed by religious laws.
7.5 Your Will (or the accompanying documentation) will contain guidance notes on when a new will is needed. Please read these carefully. If you do not have a new will drafted in accordance with these guidance notes then it may affect the validity of your Will and/or the disposal of your estate under it may not be correct.
7.6 Changes in Inheritance Tax legislation may also affect the tax efficiency of your Will. Please note that we will not be obliged to contact you if there are any changes to the UK Inheritance Tax Legislation, but may choose to do so at our option. We cannot be liable to you for any losses, damages or costs (whether arising in contract, tort, negligence, breach of statutory duty or otherwise) arising as a result of our failure to contact you in these circumstances. If you are purchasing a save Inheritance Tax Will then please consider the Important Notes that are made available in relation to such Will and if you wish to discuss matters then please contact us on 0800 316 3557.
7.7 The Wills drafted using the online Wills service via the Website are only suitable for those individuals set out in Clause 7.2 who want their Will to be drafted under and in compliance with the laws of England and Wales, Scotland or Northern Ireland (as applicable). If you:
7.7.1 do not fall within Clause 7.2; or
7.7.2 have not contacted us to discuss an appropriate will where your estate is over £285,000; or
7.7.3 do not want your Will drafted under the laws of England and Wales, Scotland or Northern Ireland (as applicable); or
7.7.4 do not comply with your obligation to give us accurate and complete information under Clause 7.1; or
7.7.5 do not follow our advice or instructions in relation to your Will (including the instructions for signature which accompany the copy of your will for execution); or
7.7.6 do not contact us to have a new will drafted when an event happens which is set out in guidance notes on when a new will is needed (see Clause 7.5);
then we cannot be liable to you for any losses, damages or costs (whether arising in contract, tort, negligence, breach of statutory duty or otherwise) arising as a result.
7.8 In connection with your instructions this firm and its partners shall not be liable to you for any indirect or consequential loss or damage (including loss of profits) suffered by you or any other person.
7.9 You shall not bring any claim against any of our employees in his or her personal capacity in connection with the advice we give you save in circumstances of fraud by the employee. We shall not seek to avoid any liability to you on the grounds that the relevant claim should be brought against one or more of our employees and not this firm.
7.10 Nothing in these Terms and Conditions excludes or limits our liability for death or personal injury caused by our negligence or that of our employees or in circumstances of fraud or reckless disregard of professional obligations.
7.11 You shall not bring any claim against the AA or any of its officers or employees in his or her personal capacity in connection with the advice we give you. We shall not seek to avoid any liability to you on the grounds that the relevant claim should be brought against the AA or one or more of its officers or employees and not this firm.
8. Feedback procedure
8.1 If you are unhappy about any aspect of our service, please discuss it with the person responsible for your matter in the first instance. If this does not result in the issue being resolved to your satisfaction, you should notify your client partner or telephone us on 0870 1500 100 and ask for our Client Care Manager. Details of our procedures for handling complaints are available through the person dealing with your matter or from our Client Care Manager. If, for any reason, we are unable to resolve the problem between us, the Law Society operates a complaints and redress scheme, details of which can be obtained from our Client Care Manager.
8.2 We carry professional indemnity cover in accordance with the rules of the Law Society and this together with the Compensation Fund operated by the Law Society provides clients with significant protection. Details of the Law Society fund are available on request.
9. Execution and Storage of Wills
9.1 It is essential that Wills are signed in accordance with the signing instructions which we send out with them. If your Wills are not signed and witnessed correctly they may be invalid.
9.2 If you do not follow our instructions in relation to the signature of your Will then we accept no responsibility for the effective execution of your Will.
9.3 If you would like us to look after the original copy of your Will after signature then we are happy to do so subject to an annual charge. We currently charge £40 per year for this service.
9.4 Our usual practice is to keep your file relating to a matter for six years following the date of the final bill we send to you for the relevant work, after which it may be destroyed. This does not apply to original legal documents such as Wills. If after the end of this matter we produce or make copies of anything on the file for you, we may make a charge for this based on time spent.
9.5 We shall be entitled to keep your documents, money or other property belonging to you which has come into our possession until we have been paid in full for all work carried out on your behalf. Acceptance by us of any payment on account will not be a waiver of our rights of lien over any of your documents or other property in our possession or recovered or preserved by us on your behalf.
10. Termination
10.1 We may decide to stop acting for you only with good reason, for example if you fail to pay your bills, if you fail to give us adequate instructions to enable us to advise you, if a conflict of interests arises which prevents us from continuing to act, or if you fail to provide any evidence of identity we have requested. We will give you reasonable notice if we intend to stop acting for you.
10.2 If you terminate your instructions or we stop acting for you with good reason, you must pay our fees and expenses up to the date that we cease acting, including any costs we incur in transferring our files to you or another adviser.
11. General
11.1 Copyright may arise in the Will, documents or other material which we produce for you. We shall own this copyright and without our prior written agreement payment of our invoice will not transfer it to you.
11.2 We may submit your file for external review as part of our procedures to ensure that our internal quality management systems are effective. We will only do so with your consent.
11.3 Unless we specifically agree otherwise in writing, no communication by this firm in the course of our work for you is intended to be, or should be construed as, an invitation or inducement to any person to engage in investment activity for the purposes of the Financial Services and Markets Act 2000, or as the approval of any communication of any such invitation or inducement.
11.4 Money held by us for you, whether on account or otherwise, will be held in a client account in accordance with Law Society regulations.
11.5 The tax planning we give is restricted to that directly related to your Will.
11.6 Where we are instructed to act for more than one person, your liability for our fees and expenses shall be joint and several.
11.7 These Terms and Conditions supersede any previous arrangement with you concerning their subject matter and must be read in conjunction with all accompanying and subsequent correspondence and documentation sent to you relevant to the terms on which we act. Together, they set out the terms of business governing the work we do for you on a particular matter. Each provision of such terms is severable and distinct from the others. These terms of business cannot be amended except with our written agreement.
11.8 Your instructions to prepare an online Will indicate your acceptance of these standard Terms and Conditions and any other terms we may agree in writing.
11.9 These Terms and Conditions and any other terms we may agree with you are governed by English Law and any dispute relating to them shall be subject to the exclusive jurisdiction of the English Courts, provided always that we may in our absolute discretion refer any dispute to binding arbitration in London under the Rules of the London Court of International Arbitration, which Rules are deemed incorporated by reference into this paragraph, and in which case the number of arbitrators shall be one, the language to be used in the arbitral proceedings shall be English and the seat of the arbitration shall be England. For the avoidance of doubt, this paragraph is without prejudice to our professional and regulatory obligations.
11.10 Irwin Mitchell Solicitors is regulated by the Law Society and by the Financial Services Authority. Where in connection with our legal work we provide investment services which are integral and incidental to that work, those investment services are regulated by the Law Society. However, IM Asset Management Limited is a separate business owned by the partners of Irwin Mitchell. IM Asset Management Limited is authorised and regulated by the Financial Services Authority and offers a wide range of specialist investment services. Their investment management services are covered by separate terms and conditions (and not these standard Terms and Conditions).
11.11 We accept instructions from you on the basis that our services are provided solely for your benefit and that of your beneficiaries under your Will. We do not assume any liability to any person other than you and your beneficiaries under your Will in relation to the advice we give you. Unless we indicate otherwise in writing, we assume no responsibility for or liability (including liability for fees) in relation to the acts or omissions of, or advice given by, any experts, consultants or other advisers (including legal advisers) engaged in relation to any matter connected with your instructions to us. Our advice is confidential to you and this firm shall not be responsible if you make it available to third parties. No person who is not a party to the agreement embodied in these standard terms and conditions and the relative covering letter(s) or your beneficiaries under your Will shall, in the absence of express provision to the contrary, have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms, but this does not affect any right or remedy of a third party which exists or is available other than under that Act.
11.12 We shall not be liable for any delay in performing or failure to perform any of our obligations to you if such delay or failure results from events or circumstances outside our control, including, without limitation, transport or communications failure; the consequences of a terrorist attack, failure of our computer systems or damage to our premises or storage facilities by explosion, fire, corrosion, flood, natural disaster, malicious or negligent act or accident.
12. Interpretation
12.1 References to Clauses are to Clauses of these Terms and Conditions.
12.2 Headings to Clauses are for convenience only and do not affect the interpretation of these Terms and Conditions.
12.3 Words indicating the singular include the plural, words importing any particular gender shall include all other genders and references to persons shall include companies and other unincorporated associations or bodies and (in each case) vice versa..
12.4 Any reference to "including" shall mean "including without limitation".
12.5 Any reference in these Terms and Conditions to any statute or statutory provision shall be construed as referring to that statute or statutory provision as it may from time to time be amended, modified, extended, re-enacted or replaced and including all subordinate legislation from time to time made under it.