Terms & Conditions
1. Accepting the following 'Terms and Conditions of Use' (heretofore referred to as "TACOU") is the only agreement upon which SimpleWills, located at: Fyfe Chambers, 105 West George Street, Glasgow G2 1PB - Head Office: Simple Executry Trusts Limited - Fyfe Chambers, 105 West George Street, Glasgow G2 1PB - Company No: 09558094; (heretofore referred to as "we/us") will grant access to "simplewills.net" website (heretofore referred to as "the website") for the purpose of assisting any person (be it an individual, a company, any other legal entity, or anyone appearing to Simplewills. to be legally acting as you on your behalf, or with your permission) in creating your own legal documents (heretofore referred to as the "service").
1.1. Purchases of any and all services or products from the website automatically enter you into a contract. The terms of this contract are outlined in these TACOU. If you are under 18 years of age in England and Wales and 16 in Scotland, for any reason cannot legally enter into a contract, or do not accept these TACOU, you are prohibited from using or making purchases from the website.
1.2. By checking the box prior to purchase that you agree to Simple Wills Terms and Conditions, you formally agree to, and are bound by, the entirety of these TACOU of the service.
1.3. Modifications or changes to these TACOU are strictly prohibited and will be considered null and void.
2. Any disclaimers on legal documents throughout the website, in addition to any warranty services supplied by or purchased through the website, are also subject to specific conditions, as outlined in the following section. Your statutory rights are not affected.
2.1. Legal Documents
The website offers the service of allowing you to produce your own, customizable Legal Document. Any information or documentation supplied is an example and to be used as a guide in the creation of your own Legal Documents and is not to be considered legal, financial, tax, or any other form of professional advice.
Any information, Legal Documents or examples are correct at the time of publishing. However, changes to laws, statute or case law may render these out of date. Simple Wills will use their best endeavours to ensure that information is up to date but it is the client’s responsibility to confirm that.
The specific function of the service provided, and any information, document, or example provided to you, or supplied for your use in generating your own Legal Document, is unable to cover or practically apply to all individual circumstances. If you are unclear on how any Legal Document might affect you or unclear if it applies to or is necessary for your specific situation, we recommend that you obtain professional, legal advice from a lawyer of your choosing prior to signing the Legal Document. Signing, accepting, or executing any Legal Document produced by, or purchased from, this Website, without first seeking a professional opinion or obtaining legal information at your own discretion, is done so at your own risk. You accept full responsibility and release SimpleWillsLtd. of any responsibility should it prove to be unsuitable in any way to your own individual circumstances. Professional, specialized legal advice should always be sought in relation to legal documents in any particular circumstances.
3. Impact of Invalidity
You understand and agree that if any portion of these TACOU are judicially declared to be invalid, unenforceable or void, the remainder of these TACOU will still be considered valid and must be upheld, and the part or parts of these TACOU found to be invalid, unenforceable or void shall be considered deleted/removed from these TACOU.
If you encounter any problems during the use of our service, or require technical support, you can seek assistance by using the 'Contact' or 'Contact Us' or 'Talk to Us' link provided on the website. When you utilize this feature you will be notified of how to obtain our reply. This information can also be found on the "Other Questions/Answers" page of the website. If you fail to read, or follow, these instructions, therefore fail to receive our reply, we are not to be held liable in any way. Any reply or support offered is not to be considered legal, financial, or tax advice.
We pledge, to the best of our ability, to:
- Prepare and maintain the website's Legal Documents generation service with appropriate care and skill.
- Ensure that all Legal Documents generated by our service are reasonably fit for their stated intended purpose.
- Review changes in the law frequently and revise the website's Legal Document generation service in accordance with those changes.
6. Use of Vouchers and Voucher Codes
When using a voucher and/or voucher code to pay for a product/service, in whole or in part, additional terms and conditions may apply. When you accept the TACOU you are also accepting the terms and conditions of the voucher/voucher code. The Voucher Terms and Conditions of Use ("VTACOU") will display once the voucher and/or voucher code has been applied to the document package selected or other relevant selection.
7. Product-Specific Terms and Conditions
7.1. Document Storage
7.1.1. If you choose to use Document Storage Service provided by us, we pledge to:
- Provide you with a printable Storage Label with which to send to us with your documents.
- Insert the documents you have sent to us into an appropriate document storage envelope ("The Document Envelope").
- Store the Document Envelope containing your documents and information in a safe and secure facility.
- Provide insurance of the documents to cover the replacement cost of your documents in the event of theft, fire, and/or flooding.
- Arrange for you to be issued a Storage Certificate.
- Provide you with a telephone and reference number for all inquiries, during standard business hours.
- Provide you with an online facility with which to retrieve your Document Envelope for update at any time, upon payment of an appropriate fee.
7.1.2. Loss of the Document Envelope in the post
Upon retrieval of your Document Envelope, by you, your "Authorized Retriever(s)," or your family or Executors (upon submission of the original death certificate), and after payment of the appropriate fee, your Document Envelope will be sent to your home address via registered mail. In the rare event that your Document Envelope is lost in the mail, our liability will be limited to the amount of reimbursement we are eligible for from the Royal Mail (or other postal carrier used) Any additional insurance against such loss is solely your responsibility. Alternatively, you, your family or Executors, or your nominated "Authorized Retriever(s)" may make further arrangements to ensure delivery, but this is also solely your responsibility.
7.1.3. You agree that for all documents sent to us for storage you will:
- Check the documents to be placed in storage.
- Print off the Storage Label, provided by us, at the time of your order.
- Send, in the same package, the documents and corresponding storage label, to the specific address provided.
We will provide instructions on how to correctly perform the above tasks.
7.1.4. We will check the documents sent to us for storage prior to their being stored. However, such checking will be restricted to ensuring that the Will produced is in line with your Client Summary. By checking your Will Simple Wills does not guarantee expressly or implicitly that your Will is suitable for the purpose for which you intend it. No employee or officer of the company or its agents has the authority to give such a guarantee.
7.1.5. For your protection, we will only release the original Document Envelope to:
- Family or Executors of the deceased, upon submission of the original death certificate of the Testator.
- You, at your provided home address, upon online authorization by you, and after payment of an appropriate fee.
- An "Authorized Retriever(s)" nominated by you, at your provided home address, upon online authorization by them, payment of an appropriate fee and submission of an original authorization letter signed by you.
7.1.6. Your home address will be considered the address you provide and the maintenance of accuracy of this information, and protecting your personal information from unauthorized access/update, is solely your responsibility.
7.1.7. When released, the Document Envelope will be sent by registered mail, with delivery expected within 3 business days. In appropriate scenarios (retrieval of documents upon death of Testator), an Executor Help Card will be included.
7.1.8. Cancellation / Refunds
In the event that you wish to discontinue your use of our Document Storage Service, you must inform us of your decision to cancel via one of the methods described in the "Right to Cancel and Refunds" section of these TACOU.
If your Document Envelope is currently being stored with us upon your decision to discontinue, it is solely your responsibility to retrieve it, including payment of the retrieval fee, prior to the submission of your cancellation request. In the event that you have more than one Document Envelope in our storage facility, you must retrieve both Document Envelopes and pay both, separate retrieval fees before you submit your cancellation request.
If we receive your cancellation request within The Cancellation Period (see the "Right to Cancel and Refunds" section of these TACOU) we will cancel your contract and issue the appropriate refund for your payment made for our Document Storage Service.
If we receive your cancellation request after the expiration of The Cancellation Period (see the "Right to Cancel and Refunds" section of these TACOU) no refund will be issued for payments made for our Document Storage Service.
For Avoidance of Doubt:
- Failure to send us your documents is not, on its own, considered a request for cancellation of the Document Storage Service contract, nor will it be accepted as such.
- The act of retrieving your Document Envelope(s) alone will not be considered a request for cancellation of the Document Storage Service contract, nor will it be accepted as such.
In the event that you elect to convert from our Lifetime Document Storage service to use of our Free Lifetime Secure Document Storage service, and pay the appropriate fee, no further payments will be due or processed from you, and your Document Envelope will be stored without further payment for the rest of your life, or until you elect to retrieve it and inform us of your desire to cancel your use of our Document Storage Service (see "Cancellation" above). The fee to convert is non-refundable, and a retrieval fee will still be applicable on each occasion that you retrieve your Document Envelope.
If you have any questions about your order, please email: email@example.com
8. Exclusion of Liability
8.1. Neither we, nor our suppliers or affiliates, will be held liable to you in contract or otherwise, for any direct, indirect, consequential, special or incidental damage or loss you may incur from using, or your inability to use, our website (including any of its content, products, or services) and/or any Legal Document, including but not limited to: impacts to or loss of business, profit or savings; loss of any data; contraction of and loss due to virus, lost or damaged property, claims of third parties, any fines or penalties charged by tax authority, or any other damage not previously mentioned. Furthermore, if your Estate incurs Inheritance Tax due to interpretation of your will or for any other reason, we, nor our affiliates, are to be held liable.
8.2. You acknowledge that you are responsible for considering and evaluating any potential damage or loss that you may suffer in connection with our site, and that we cannot guarantee adequate insurance against all liabilities.
8.3. Our liability to you, and that of our affiliates or suppliers, in the event of any loss/damage related to your using, or not being able to use for any reason, the website (including any of its content, products, or services) and/or any Legal Document, whether directly or indirectly, and through one incident or multiple related incidents, shall be limited to, (i) 145% of the amount you paid for the Legal Document or service, or (ii) £1000, whichever is the lesser amount.
8.4. There is nothing in these TACOU or otherwise that limits our, or clears us of, liability in the event of a death or injury caused by our negligence.
9. Grant of License
9.1. You are granted a non-exclusive, not transferable license by us to:
- Save the legal document text in electronic form.
- Bookmark or link to any freely available page
- Interact with the pages of this website using Microsoft's Internet Explorer, Netscape's Navigator, Firefox web browser, or Safari web browser
- Print guidelines explaining aspects of use of the legal document
The definition of 'generate' in this case is the creation of one personalized legal document from our service, which is your responsibility to sign and legalize
- View all of the resulting legal document text generated.
- Print pages from this web site under the agreement that any copyright, notices, trademarks or other proprietary notices will not be modified, altered, or erased in any way.
- Print the legal document text that has been generated.
9.2. Purchasing our legal document generation service grants you a non-exclusive, not transferable license, from us, to:
- Use all areas of the website restricted of access to members for a sensible period of time necessary to complete the associated legal document
9.3. As part of the user agreement, the above grants of license inextricably link you to, and require compliance with, all other aspects of these TACOU
10. Intellectual Property and Ownership
10.1. Such content received through the service may be displayed, reformatted, and printed by you, for personal, non-commercial use only, and at all times used in accordance with these TACOU.
10.2. You acknowledge and agree that any text, software, photos, graphics, service-generated designs, and all other content found on the website are copyrighted, trademarked, have service marks, are patented, or are otherwise protected by other proprietary rights and laws and may not be used or modified in any way. An examples of a trademark, trade name, or logo is 'SimpleWillsLtd.' and 'SimpleWills.net'.
Only the uses of our service, content, or products explicitly granted to you by these TACOU (or by us to you in writing) are allowed. All other uses are strictly prohibited, including but not limited to:
- Any sale, licensing, rental or distribution of your access to this site.
- Any publishing, framing, copying, reverse engineering, "hacking" or otherwise modifying, uploading or creating derivative works from the intellectual property on this site.
12. Fees and Payment
12.1. The creation of a summary of a legal document using this service is free. In order to obtain access, for a reasonable amount of time necessary, to generate a binding legal document you must complete a payment in line with the applicable fees and payment procedure outlined on the website. All payments and fees incorporate the appropriate taxes.
12.2. A checking fee is required for us to re-check your documents after purchase. Any subsequent re-check after any amendments made by you incurs an additional fee, whether the amendments made are at your own discretion or upon our recommendation.
12.3. Where we offer additional services or features (e.g. 'Free re-checks') and provide you with ability to 'trigger' our software to qualify you for and 'activate' the additional service or feature (e.g. sending you a specific link), it is solely your responsibility to ensure that the provided procedures or instructions are fully and correctly followed. We are not responsible in the event that the additional feature or service does not activate and are not liable for any loss or damage related to the inability to use these features or services.
13. Right to Cancellation of Contract/Refunds
13.1. Immediately upon clicking 'Pay' or 'Make Payment' (or any similar phrase/link) for a product or service from us, you agree to these TACOU and enter into a Consumer Contracts Regulations 2014 regulated contract.
Regulation 29(1) of the Consumer Contracts Regulations 2014 states that you have the right to cancel your contract if you notify us of your wish to do so within 14 days of the day following the date of your order ("The Cancellation Period").
However, if, after purchase, you click/choose the option to generate/deliver your documents, under regulation 37(1) of the Consumer Contracts Regulations 2014 you are giving consent to, and requesting delivery of, the digital element or copy of your order ("The Digital Element") within the Cancellation Period, and forfeit your right to cancel this consent or request as stated in Consumer Contracts Regulations 2014, regulation 29(1).
Furthermore, our additional Printing/Binding service is, under regulation 28(1)(b) of the Consumer Contracts Regulations 2014, classified as "goods that are made to the consumer's specifications or are clearly personalized" and as such, for this part of your order your right to cancel does not apply.
For the avoidance of doubt, this means that once you have made your payment and selected the option to generate/deliver your documents:
- You DO NOT have the right to cancel the 'Will' and/or 'Lasting Power of Attorney' and/or 'Tenants in Common' (and/or any other) package(s) that you have ordered for electronic delivery.
- The right to cancel your order of any printed or bound documents has been forfeited.
- If done so within the designated cancellation period you retain your right to cancel the Secure Document Storage Service contract.
If you choose not to generate your documents or have your documents delivered after payment:
- You DO have the right to cancel, within the cancellation period, the 'Will,' 'Lasting Power of Attorney,' 'Tenants in Common,' and/or any other package(s) in which you requested electronic delivery .
- You forfeit you right to cancel any printed or bound documents that you have ordered.
- Within the cancellation period, you retain the right to cancel your Secure Document Storage Service contract.
All cancellation requests must be communicated to us via the appropriate form on the "Contact" page of our website by entering 'Cancellation' in the appropriate 'subject' box in addition to you order number, or by printing, completing, and faxing a copy of the cancellation form to the number provided on the form. The completed cancellation form may also be emailed to us at the email address found on the form.
Cancellation requests found to be valid will result in a full refund to be paid within 14 days and, wherever possible, will be made using the payment method or card used to make your original payment.
If a cancellation request is found to be invalid, we will enact our right to refuse any cancellation requested for reasons not related to the specific products or services offered by our website as outlined the sub-paragraph(s) below. These products and services, along with a description can be found on our website with the following link to the price list: http://www.SimpleWills.net/products-and-prices.
13.2. If we receive your request for cancellation of a print/bind service you have purchased more than 24 hours before the product has been generated and mailed to you, we will permit the cancellation. Such a cancellation will result in the refund only of the amount that you have paid for the 'Print/Bind' service.
13.3. The following additional terms will also apply regarding cancellation and refunds :
- We will honor the 'Money-back' guarantee made on our website by correcting any incorrect documents and issuing a refund for payment made for the document that requires correction if you find a legal error in regards to your Legal Document(s) that it is our fault (i.e. you have correctly followed all of the 'Guidance Notes').
- Cancellation requests made solely on the basis that you have found a similar product or service for cheaper or free will be considered invalid and will not be accepted.
- In the event that you make duplicate purchases, we will refund the cost of the duplicate purchase, minus a £25 administration fee ('the Administration Fee') for removing duplicate data. If the Administration Fee exceeds the cost of the duplicate purchase, no refund will be issued.
- If, after having been issued a refund, you re-use our service, in the event of a second refund we shall charge a £20 administration fee. If after receiving a second refund, you re-use our service, a third refund will not be issued for any reason.
- Any goods or services in which you request or consent to delivery within the cancellation period, or for which you forfeit your right to cancellation prior to or after making your payment, that are not specifically addressed in this Section 11 of these TACOU will be addressed or dealt with under regulation 37(1) of the Consumer Contracts Regulations 2014: You will have no right to cancel, we will not accept any cancellation request, and we shall not issue any refund.
14. Other Disclaimers
14.1. We are unable to guarantee that our website will be compatible with your browser, or that your access to website will be uninterrupted. Please note, browsers on "tablet" computers tend to be unreliable. In the event that you encounter problems accessing our website or any of its content, products, or services from your browser, it is solely your responsibility to access an alternative device and/or browser with which to access the website.
14.2. Our communication with you, including the comments of a professional, qualified will writer, on reviewing your legal document(s) will be via the email address you provide to us and/or via our online 'Customer Response' system. It is solely your responsibility to ensure that your 'spam' filters do not block emails from us, and to act on any comments made, which will be made without liability.
14.3. The website contains hyperlinks to other websites. You acknowledge and accept that we possess no control over any content on sites linked to, or accessed through, our website. Links to other sites are not to be considered representations or endorsements, and we accept no responsibility and are not to be held liable for any content of sites accessed through ours or the use of any such site accessed through ours.
14.4. It is solely your responsibility to ensure you enter your email address correctly when using our service. In the event that your email address changes, it is your responsibility to ensure accuracy by logging in and updating it using the appropriate Admin function. We are not responsible for the inability to reach you as a result of you having incorrectly entered, or not updating, your email address. Any corrections that have to be made by us as a result of your failure to enter correctly or update your email address will garner an administration fee of £14.95.
14.5. If you choose to make your own changes to your legal document(s) after they have been checked by us, then re-generate the documents and decline the opportunity to have one of our professional, qualified will writers check the amended legal document(s), you do so entirely at your own risk and we shall not, in any way, be held liable for any consequences.
14.6. For detailed instructions on how to use our service, including but not limited to: how to receive responses to communications with us, how to download documents purchased from us, etc., there is a "Questions and Answers" page on our website. It is your responsibility to locate and correctly follow these instructions. We shall not be liable for any consequences of you not so doing.
14.7. Should we need to contact you on any urgent matter outside of normal communications (see 14.3 above), we shall first email you at the email address you provide, then may also write to you, at the postal address you provided, via registered or recorded mail.
It is your responsibility to maintain the accuracy of both of these addresses in our database and to ensure that you are able to receive all communications sent to you by us via these routes. In particular:
(a) Any communication sent via email by us to you at the email address you provide will be considered by us to have been successfully delivered to, and read by, you.
(b) Any communication sent by us to you via recorded mail at the postal address you provide to us will be considered by us to have been delivered to you, whether or not we receive confirmation or proof of delivery.
If you fail to act on or reply to any communication from us to you which we have considered to have been delivered to and read by you, then we shall not in any way be held liable for any consequences.
14.8. Our service does not include, and you are responsible for, payment of all processing, attestation, registration, execution, etc. fees of legal documents from our service unless otherwise noted.
14.9. Except where specifically noted, all corrections and amendments to your legal documents are your responsibility and must be done by logging into the system, working through the appropriate questionnaire, and re-generating new, edited versions of your legal documents (which must then be printed, downloaded, signed and witnessed).
14.10. When you contact us via our online 'Contact' system, a conversation is initiated in our 'Customer Response' system, and you are provided with the 'URL' of your 'Conversation' ('the Conversation URL') immediately after submitting your message.
When we respond, an email ('the response email') will be sent to the email address you are asked to provide when you initiated the conversation, telling you that we have responded to your inquiry and reminding you of the Conversation URL where you can access our response.
If the email entered upon initiation of the conversation has obviously been entered wrong (e.g. 'firstname.lastname@example.org'), we reserve the right to amend the email address. In such an event, the response email may be sent to the amended email address.
Considering the numerous potential reasons for failure to receive our response email (e.g. the email address is incorrect, the response email gets filtered 'Spam' or 'Junk' mail folder, etc.), it is your responsibility to keep a copy of Conversation URL for your own records and monitor it regularly for our response.
15. Service Suspension and Termination
15.1. You acknowledge and agree that SimpleWillsLtd., retains the right to terminate your password, account, or use of the Service and to remove or discard any of your content within the Service, at its sole discretion and for any reason, including but not limited to, if SimpleWillsLtd. believes that you have violated or not upheld your obligations outlined in these TACOU.
15.2. You agree that if you send repeated email messages, messages to our "Contact" page, or messages to our "Customer Response System" that SimpleWillsLtd. will consider these actions abusive and retains the right to, in its sole discretion, terminate your password, your account or your use of the service and website, and remove or discard any information or content you have stored within our website or service.
15.2. For the purposes of maintenance and other reasons, access to the website may occasionally be suspended. Notice may or may not be given of suspension of access. Should we discontinue the service, we will use all reasonable endeavors to give fair notice of termination of access to the service. You will either be given notice in a sufficient enough amount of time to complete your purchased legal documents or be issued a refund associated with such documents. Additionally, you acknowledge and agree that SimpleWillsLtd. will not be held liable for any termination or suspension of your access to the service or for any modification of the service, to you or to any third party.
16. Use of the service or website
17. Governing Law
English Law, with respect to all issues, shall govern all aspects of these TACOU and both parties agree to the exclusive jurisdiction of the English Courts.
18. Society of Will writers
SimpleWillsLtd., as a member of the Society of Will Writers, abides by its Code of Practice. Any complaints regarding these TACOU in regard to this Code of Practice should be made by first using our published Complaints Procedure.
19. Member Privacy
19.1. You are solely responsible for protecting and maintaining the confidentiality of your personal details, password, and account information. Furthermore, you are responsible for any Members-only activities that occur using your account, in your name, or on your behalf. You agree to report any such unauthorized activity immediately upon becoming aware of any illicit use of your password or account, or any other breach of security.
19.2. Your personal details or any information you provide to us will not be sold or otherwise distributed to third parties.
19.3. You agree that SimpleWillsLtd. and its authorized employees and agents may access your account, including all of the contents stated above, to reply to support inquiries or technical issues, or to fulfill the obligations outlined in this Agreement. We reserve the right to, at any time, and at our sole discretion, to review, monitor, retain, and/or disclose your information if we believe that these actions are imperative to maintain consistency with legal and government regulations, to protect, defend, and maintain the rights or property of SimpleWillsLtd. Or to enforce the TACOU.
20. Variations to these Terms and Conditions of Use
We reserve the right to update or modify these TACOU occasionally. You will be notified in the event of any updates or modifications. Any changes to these TACOU will be posted to the website and considered effective immediately. By checking, or leaving checked, the appropriate box, you are considered to have accepted these TACOU, are considered to have accepted any such potential variations.