Deborah Bowers Will Writing Services And [Customer]
DRAFT TERMS OF SERVICE AGREEMENT: This Agreement is made this day of 20……….
(1) Deborah Bowers a Sole Trader whose address for correspondence is 61 Bridge Street, Kington HR5 3DJ (“the Service Provider”) and;
(1) The Service Provider provides Will Writing Services to consumer clients and has reasonable skill, knowledge and experience in that field.
(2) The Client wishes to engage the Service Provider to provide the services set out in this Agreement, subject to the terms and conditions of this Agreement.
(3) The Service Provider agrees to provide the services set out in this Agreement to the Client, subject to the terms and conditions of this Agreement.
IT IS AGREED AS FOLLOWS:
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
1.2 Each reference in this Agreement to “writing” and any similar expression includes electronic communications whether sent by e-mail, text message, fax or other means.
1.3 Each reference to a statute or provision of a statute is a reference to that statute or provision as amended or re-enacted
at the relevant time.
1.4 Each reference to “this Agreement” is a reference to this Agreement and each of its Schedules as amended or supplemented
at the relevant time.
1.5 Each reference to a Schedule is a reference to a schedule to this Agreement.
1.6 The headings used in this Agreement are for convenience only and shall have no effect upon the interpretation of this Agreement.
1.7 Each reference to the singular number shall include the plural and vice versa.
1.8 Each reference to any gender shall include the other gender.
1.9 References to persons shall include corporations.
2. Information About Us
Deborah Bowers is a Certified Advance Will Writer by the Society of Trut and Estate Practitioners Solicitor of England trading as Deborah Bowers Will Writing Services, whose address for correspondence is 61 Bridge Street, Kington, HR5 3DJ.
3. The Contract
3.1 This Agreement governs the provision of Services by Me and embodies the contract between Me and You. Before signing this Agreement, please ensure that You have read it carefully. If You are unsure about any part of this Agreement, please ask Me for clarification.
3.2 A legally binding contract between Me and You will be created upon our mutual acceptance of this Agreement, indicated by Me and You signing this Agreement.
3.3 By signing this Agreement both parties hereby acknowledge that I have given or made available to You the following information (save for where such information is already apparent from the context of the transaction):
3.3.1 The main characteristics of the Services;
3.3.2 My identity (set out above in Clause 2) and contact details (as set out below in Clause 10);
3.3.3 The total Price for the Services including taxes or, if the nature of the Services is such that the Price cannot be calculated in advance, the manner in which it will be calculated;
3.3.4 The arrangements for payment, performance and the time by which (or within which) I undertake to perform the Services;
3.3.5 The complaints handling policy;
3.3.6 Data Protection Policy
3.3.7 Where applicable, details of after-sales services and commercial guarantees;
3.3.8 The duration of this Agreement, where applicable, or if this Agreement is of indeterminate duration or is to be extended automatically, the conditions for terminating it;
4. Price and Payment
4.1 The Price payable for the Services is detailed in Schedule 2.
4.2 No VAT is currently charged in relation to this service.
Before I begin providing the Services, the Client will be required to pay the total Price for the Services. The due date for payment is three (3) days prior to the provision of the service.
4.3 In certain circumstances, if the Services are cancelled, the Client will be refunded in full or in part. The amount due will be calculated based upon the Price for the Services and the amount of work (if any) already undertaken. Please refer to Clause 9 for details of cancellation.
4.4 We accept the following methods of payment:
4.4.2 Bank Transfer
5. Providing the Services
5.1 As required by law, the Service Provider will provide the Services with reasonable skill and care, consistent with best practices and standards in the Legal Sector.
5.2 In accordance with any information provided by Me about the Services and about Me.
5.3 I will begin providing the Services immediately upon taking your instructions. I will notify you if any information is missing. Once that information is received, I will complete the provision of your service within a period of 21 days.
5.4 Clause 5.3 means that you will receive your Will in the post within 21days of provided all relevant information, being provided and confirmation of the accuracy of any draft provided from instructions received.
5.5 I will make every reasonable effort to complete the Services on time (and in accordance with the specification in Schedule 1). I cannot, however, be held responsible for any delays if an event outside of my control occurs. Please see Clause 8 for events outside of my control.
5.6 If I require any information or action from the Client in order to provide the Services, I will inform the Client of this as soon as is reasonably possible. Examples of what we may require include:
(a) the names of your Executors,
(b) their address and relationship to you,
(c) the names of your Trustees and their relationship to you,
(d) the name of your guardians and their relationship to you,
(e) the names of your children, their ages, the age at which you would like your child or children to benefit and any grandchildren,
(f) the names of your beneficiaries and their relationship to you.
(g) The gifts which you would like to make and whether you would like the beneficiary to pay any taxes arising.
(h) Your preferred funeral arrangements.
(i) Arrangements for your pets.
(j) How you would like to deal with the residue of your estate.
(k) A clear picture of your assets and liabilities to enable me to provide you with the best inheritance tax advice or guidance possible.
(l) A completed Assets and Liability Form and a Personal Details Form copies of which have been provided to you as part of this service.
5.7 If the information or action required of You under sub-Clause 5.6 is delayed, incomplete or otherwise incorrect, I will not be responsible for any delay caused as a result. If additional work is required from Me to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information or action on Your part, I may charge You a reasonable additional sum for that work.
5.8 In certain circumstances, for example where there is a delay in You sending Me information or taking action required under sub-Clause 5.6, I may suspend the Services (and will inform You of that suspension in writing).
5.9 In certain circumstances, for example where I encounter a technical problem, I may need to suspend the Services in order to resolve the issue. Unless the issue is an emergency and requires immediate attention, I will inform You in advance in writing before suspending the Services.
6. Problems with the Services and Your Legal Rights
6.1 I always use reasonable efforts to ensure that My provision of the Services is trouble-free. If, however, there is a problem with the Services I request that You inform Me as soon as is reasonably possible (You do not need to contact Me in writing in this case). You may contact us by telephoning 07981810322, or sending an email to email@example.com.
6.2 I will use reasonable efforts to remedy problems with the Services as quickly as is reasonably possible and practical.
6.3 As a consumer, You have certain legal rights with respect to the purchase of services. For full details of your legal rights and guidance on exercising them, it is recommended that You contact your local Citizens Advice Bureau or Trading Standards Office.
6.4 If I do not perform the Services with reasonable skill and care, the Client has the right to request repeat performance or, if that is not possible to request a full refund or a right to a reduction in price. If the Services are not performed in line with information that I have provided about them, the Client also has the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to the Client to seek a refund or a reduction in price (or if the breach concerns information about Me that does not relate to the performance of the Services), the Client have the right to a reduction in price.
If for any reason We are required to repeat the Services in accordance with Your legal rights, I will not charge You for the same and I will bear any and all costs of such repeat performance. In cases where a price reduction applies, this may be any sum up to the full Price and, where You have already made payment(s), may result in a full or partial refund. Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which I agree that You are entitled to the refund) and made via the same payment method originally used by You unless You request an alternative method or as agreed. In addition to your legal rights relating directly to the Services,
7. Our Liability
7.1 I will be responsible for any foreseeable loss or damage that You may suffer as a result of My breach of this Agreement or as a result of My negligence (including that of my employees, agents or sub-contractors). I will not be responsible for any loss or damage that is not foreseeable.
7.2 Nothing in this Agreement seeks to exclude or limit my liability for death or personal injury caused by my negligence (including that of my employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
7.3 Nothing in this Agreement seeks to exclude or limit my liability for failing to perform the Services with reasonable care and skill or in accordance with information provided by Me about the Services or about Me.
7.4 Nothing in this Agreement seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
8. Events Outside of Our Control (Force Majeure)
8.1 I will not be liable for any failure or delay in performing My obligations under this Agreement where that failure or delay results from any cause, that is beyond my reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, sickness, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond my reasonable control.
8.2 If any event described under this Clause 8 occurs that is likely to adversely affect my performance of any of my obligations under this Agreement:
8.2.1 I will inform You as soon as is reasonably possible;
8.2.2 My obligations under this Agreement will be suspended and any time limits that I am bound by will be extended accordingly;
8.2.3 I will inform You when the event outside of my control is over and provide details of any new dates, times or availability of Services as necessary;
8.2.4 If an event outside of Our control occurs and You wish to cancel this Agreement, You may do so in accordance with Your right to cancel under sub-Clause 9.3.3;
8.2.5 If the event outside of my control continues for more than 12 weeks, I will cancel this Agreement in accordance with my right to cancel under sub-Clause 9.6.3 and inform You of the cancellation. Any refunds due to You as a result of that cancellation will be paid to You as soon as is reasonably possible, and in any event within 14 Calendar Days of my cancellation notice.
9.1 You are free to cancel the Services and this Agreement without notice at any time before I begin providing them. If you have made any payment to Me for any Services I have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of my acceptance of Your cancellation.
9.2 Once I have begun providing the Services, You are free to cancel the Services and this Agreement at any time by giving Me one week written notice. If You have made any payment to Me for any Services I have not yet provided, these sums will be refunded to You as soon as is reasonably possible, and in any event within 14 Calendar Days of My acceptance of Your cancellation. If I have provided Services that You have not yet paid for, the sums due will be deducted from any refund due to You or, if no refund is due, I will invoice You for those sums and You will be required to make payment in accordance with Clause 4.
9.3 If any of the following occur, You may cancel the Services and this Agreement immediately by giving Me written notice. If You have made any payment to Me for any Services I have not yet provided, these sums will be refunded to You as soon as is reasonably possible, and in any event within 14 Calendar Days of My acceptance of Your cancellation. If I have provided Services that You have not yet paid for, the sums due will be deducted from any refund due to You or, if no refund is due, I will invoice You for those sums and You will be required to make payment in accordance with Clause 4. If You cancel because of a breach under sub-Clause 9.3.1, You will not be required to make any payments to Me You will not be required to give one week (1) notice in these circumstances:
9.3.1 I have breached this Agreement in any material way and have failed to remedy that breach within 14 days of You asking Me to do so in writing; or
9.3.2 I enter into liquidation or have an administrator or receiver appointed over Our assets; or
9.3.3 I am unable to provide the Services due to an event outside of my control (as under sub-Clause 8.2.4); or
9.3.4 I wish to change the terms of this Agreement to Your material disadvantage.
9.4 I may need to cancel the Services and this Agreement before I begin providing them due to the unavailability of required personnel or materials, or due to the occurrence of an event outside of My reasonable control. If such cancellation is necessary, I will inform you as soon as is reasonably possible. If you have made any payment to Me for any Services I have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Me informing You of the cancellation.
9.5 Once I have begun providing the Services, I may cancel the Services and this Agreement at any time by giving You 7 days written notice. If You have made any payment to Me for any Services I have not yet provided, these sums will be refunded to You as soon as is reasonably possible, and in any event within 14 Calendar Days of My cancellation notice. If I have provided Services that You have not yet paid for, the sums due will be deducted from any refund due to You or, if no refund is due, I will invoice You for those sums and you will be required to make payment in accordance with Clause 4.
9.6 We will not be required to give 7 days notice in these circumstances:
9.6.1 You fail to make a payment on time as required under Clause 4; or
9.6.2 You have breached this Agreement in any material way and have failed to remedy that breach within 21 days of Me asking You to do so in writing; or
9.6.3 We are unable to provide the Services due to an event outside of My control (for a period longer than that in sub-Clause 8.2.5).
10. Communication and Contact Details
10.1 If You wish to contact Me with questions or complaints, You may contact Me by telephone at 07981810322 or by email at firstname.lastname@example.org.
10.2 In certain circumstances You must contact Me in writing (as stated in various Clauses throughout this Agreement). When contacting Me in writing You may use the following methods:
10.2.1 Contact me by email at email@example.com; or
10.2.2 Contact Me by pre-paid post at Deborah Bowers Will Writing Services, 61 Bridge Street, Kington, HR5 3DJ.
11. Complaints and Feedback
11.1 I always welcome feedback from My customers and, while I always use all reasonable endeavours to ensure that your experience as a customer of Mine is a positive one, I nevertheless want to hear from you if you have any cause for complaint.
11.2 All complaints are handled in accordance with My complaints handling policy and procedure. You can complain by sending an email to: firstname.lastname@example.org.
11.3 If You wish to complain about any aspect of Your dealings with Me, including, but not limited to, this Agreement or the Services, please contact me in one of the following ways:
11.3.1 By email, addressed to Deborah Bowers. Email: email@example.com
11.3.2 By telephone: 07981810322.
By post: Deborah Bowers Will Writing Services, 61 Bridge Street, Kington, HR5 3DJ.
12. How We Use Your Personal Information (Data Protection)
12.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of Your rights under the Data Protection Act 2018.
13. Other Important Terms
13.1 I may transfer (assign) Our obligations and rights under this Agreement to a third party (this may happen, for example, if I sell My business). If this occurs the Client will be informed by in writing. Your rights under this Agreement will not be affected and Our obligations under this Agreement will be transferred to the third party who will remain bound by them.
13.2 This Agreement is between You and Me It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of this Agreement.
13.3 If any of the provisions of this Agreement are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of this Agreement. The remainder of this Agreement shall be valid and enforceable.
14. Alternative Dispute Resolution
14.1 Alternative dispute resolution or ‘ADR’ refers to ways of resolving disputes between a consumer and a trader without going to court. We may agree upon an alternative dispute resolution agency to handle any disputes which cannot be resolved between us. This does not restrict your legal right to seek resolution of any matter be the Courts of England and Wales.
15. Governing Law and Jurisdiction
15.1 The Agreement, and the relationship between You and Me shall be governed by, and construed in accordance with the law of England & Wales. SIGNED for and on behalf of the Deborah Bowers Will Writing Service by:
SIGNED for and on behalf of the Client by:
__________________________________________________ Authorised Signature
The Services: Inheritance Tax advice in relation to, Will Writing, to ensure a tax efficient will. Please note that in certain circumstances clients, will need to be referred to a Financial Advisor as this service does not provide Financial Advice.
The Price: Single Wills – £199 – unless a discount applies, (to be agreed between the parties).
Mirror Wills – £299- unless a discount applies.
Will reviews- £49.99 for a single page review.