The following standard terms of business apply to all instructions accepted by the Company. All work carried out in the provision of Will Writing Services is subject to these terms except where changes are expressly agreed in writing. These terms of business form the basis of the contract between the Company and the Client.
1.Definitions and Interpretation
1.1 In these Terms & Conditions the following terms shall have the following meanings:
|“Calendar Day”||means any day of the year;|
|“Cancellation Form”||means the form attached to these Terms & Conditions as Schedule 1;|
|“Cancellation Notice”||means the notice set out in Clauses 4.1 to 4.9, produced by the Client;|
|“Client”||means the individual purchasing the Services from the Seller who shall be identified in the Order;|
|“Contract”||means the contract for the purchase and sale of the Services under these Terms & Conditions;|
|“Order”||means the client’s completed order for the purchase and provision of Services;|
means all information required to take the required payments from the Client and includes, but is not limited to, credit/debit card details and residential address details;
means any and all brochures, catalogues, leaflets, price lists and other documents providing details of Services available and pricing information for those services;
|“Services”||means the services which the Seller is to provide in accordance with these Terms & Conditions, any specific terms which apply only to those services, and as specified in
1.2 Unless the context otherwise requires, each reference in these Terms & Conditions to:
1.2.1 “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
1.2.2 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;
1.3 The headings used in these Terms & Conditions are for convenience only and shall have no effect upon the interpretation of these Terms &
2.1 On the initial appointment your detailed instructions will be taken and appropriate advice given on matters relating Will Writing Services. Any queries or questions will be answered and an explanation given on the contents and terminology used in the drafting of your
2.2 An invoice will be submitted on completion of agreed work, which shall be paid within seven days of the invoice date. Any advance payments which may be required to meet specific or unusual instructions will be agreed, noted in writing, following the initial
3.The Company undertakes to:
3.1 Comply with your instructions with reasonable skill, care and expedition appropriate to your
3.2 Provide you with the best advice on matters relating to the Will Writing In some cases this may mean advice to draw up other documents, or take other action, which may incur further fees. In such cases full details of such charges will be given to you in advance and you are under no obligation to proceed with any ancillary services offered. However, in some circumstances you may be asked to sign a declaration stating that you are acting against the advice given.
3.3 Comply with the Client’s instructions using all due skill, care and expedition appropriate to the need of the The Company will dispatch Draft documents within 5 working days of the Client providing all the information required to complete the agreed instructions unless otherwise agreed with the Client in writing. Subsequent to agreement of the draft documents, executable documents will be forwarded within 5 working days.
3.4 However, where circumstances occur, including those which are beyond the Company’s control, which result in the documents being delivered outside the above stated timescales, the client must be informed and upon their request must be provided with a full written explanation for the cause of the delays and the opportunity to renegotiate
3.5 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 For more information on how we hold your data please view our privacy notice which is available on our website, www.cavellassociates.co.uk.3.6
3.6 Offer an attestation service that supervises the signing and witnessing of your Documents at your home. The Company will not take responsibility for ensuring the validity of your Documents where the attestation service has not been taken up and the execution supervised by another organisation or The signing of your Documents must be carried out according to the law of England and Wales in order for your Documents to be valid. All Documents will be supplied to you with full written instructions of how these should be completed, and the Company will check the signed documents free of charge. It is your responsibility to pay any postage or other costs incurred in this checking process.
3.7 Refund any money paid in respect of the preparation of your Will(s) should you change your mind within 14 days from the date of taking your After the expiration of this period the Company reserves the right to charge you for the advice given and for any work already carried out on your behalf and in accordance with your signed instructions. An itemised bill will be produced for any charge falling due under this term.
3.8 Where the Company offers a Will storage service, the Company does 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. Any Will should be reviewed every three years and on the occasion of any material change in your circumstances, such as divorce, marriage, the birth of children or the inheritance of a large sum of money
3.9 Where the company cannot legally or practically follow the instructions given by the client, the company must explain any differences between the client’s instructions or expectations and the documents to be
4.Notice of the Right to Cancel
4.1 The Client has the right to cancel the Contract within the Cancellation Period as determined by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
4.2 The Seller is Cavell Associates Ltd
4.3 The Client has the right to cancel the Contract within 14 Calendar Days of receipt of this notice (the “Cancellation Period”).
4.4 The Client may be required to pay for Services provided if provision of the Services has commenced with the Client’s written agreement prior to the end of the Cancellation
4.5 If the Client chooses to exercise their right to cancel within the Cancellation Period, cancellation must be made in writing and returned to the Seller at the address
4.6 Cancellation Notices must be sent in writing to the Seller at the following addresses:
A Cancellation Notice sent by post or delivered by hand must be sent to:
4.62 Cavell Associates, Langstone Technology Park, Langstone Road, Havant, PO9 1SA; and is valid from the postage date.
4.62 A Cancellation Notice sent by email must be sent to: email@example.com And is valid on the date of
5.1 If the Seller fails to perform the Services with care and skill it shall carry out remedial action at no extra cost to the
5.2 The Seller shall not be liable to the Client or be deemed to be in breach of these Terms & Conditions by reason of any delay in performing, or any failure to perform, any of the Seller’s obligations if the delay or failure was due to any cause beyond the Seller’s reasonable control or where the Client has failed to meet their
6.The Clients Obligations are:
6.1 To disclose all relevant facts and answers to all the questions asked to allow the Company to provide accurate advice and to produce an effective legal The Company shall not accept liability in respect of information which was not disclosed, and therefore not documented by the person taking your instructions, and which comes to light at a later date as being of relevance and which may affect the validity or content of your Documents or advice given.
6.2 To read the draft Documents provided, to confirm that they correctly reflect your wishes as to the distribution of your estate and that the names and addresses in your Documents are
6.3 To return the Documents together with any amendments to the Company as soon as possible. If you fail to return the Documents to the Company, the Company shall accept no liability for the draft Documents. The Company shall not be responsible for any delay due to your failure to comply with the
6.4 To notify the Company if you do not receive your draft Documents within two weeks of the first appointment, unless otherwise agreed.
6.5 To pay the fee due for the provision of Will Writing Services in full and in accordance with the terms of our
6.6 If you are having the attestation service, you should arrange for the witnesses to be present at the time of the execution of your
7.1 The Company is committed to providing the Client with a high-quality service. An essential part of that service is that the Company will communicate effectively with the Client so that they are kept informed of
7.2 The Company maintains 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
The Company complies with the Society’s Code of Practice of which a copy is available upon request.
A client satisfaction survey is available from your consultant upon request. The survey is also available online at www.willwriters.com/satisfactionsurvey