Please ensure that you read this Terms of Business Agreement in full before signing to confirm you understand and agree with the Terms of Business.
This agreement must be signed by both you the customer/s and a consultant in order to engage the services of the Company.
Please retain one copy for your records.
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 you the Client.
1.1 In these Terms and 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 and Conditions as schedule 1;
“Cancellation Notice” means the notice attached to these Terms and Conditions as schedule 1 or such other written document containing the same information, produced by the customer;
“Contract” means the contract for the purchase and sale of the Services under these Terms and Conditions;
“Customer” means the individual purchasing the services from the seller who shall be identified in the Order;
“Company” means Will Provider a trading style of Nightingale Holdings (Derby) Ltd
“Order” means the customer’s completed order for the purchase and provision of Services;
“Payment information” means all information required to take the required payments from the Customer and includes, but is not limited to, credit/debit card details and residential address details;
“Sales Literature” means any and all brochures, catalogues, leaflets, price lists and other documents providing details of Services available and pricing information for those services;
“Seller” Will Provider a trading style of Nightingale Holdings (Derby) Ltd; and
“Services” means the services which Will Provider a trading style of Nightingale Holdings (Derby) Ltd is to provide in accordance with these Terms and Conditions, any specific terms which apply only to those services, and specified in the Order.
1.2 Unless the context otherwise requires, each reference in these to:
1.3 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.
1.4 Words imparting the singular number shall include the plural and vice versa.
1.5 References to any gender shall include the other gender.
1.6 Fees; The company’s fees for will writing and any additional products or services will be discussed and agreed with you in writing before any fee charging services are provided.
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 a full explanation given on the contents and terminology used in the drafting of your Documents.
4.1 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 Document. 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 effect the validity or content of your Documents or advice given.
4.2 To provide sufficient evidence of your identity to enable the company to confirm your identity and/or comply with Money Laundering Regulations.
4.3 To read through 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 of the persons mentioned in your Documents are correct, adding any missing data not supplied at the time of taking your instructions.
4.4 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 above.
4.5 To notify the Company if you do not receive your draft Documents within two weeks of the first appointment, unless otherwise agreed.
4.6 To pay the fee due for the provision of Will Writing Services in full and in accordance with the terms of our invoice.
4.7 If you are having the attestation service, you should arrange for the witnesses to be present at the time of the execution of your Will.
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 Customer.
5.2 The Seller shall not be liable to the Customer 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 the Seller’s obligations if the delay or failure was due to any cause beyond the Seller’s reasonable control or where the Customer has failed to meet their obligations under Clause 8 below.
6.1 The Customer has the right to cancel the Contract within the Cancellation Period as determined by The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
6.2 The Seller is Will Provider a trading style of Nightingale Holdings (Derby) Ltd
6.3 For the purposes of this Cancellation Notice, the Reference Number to be quoted in all communications is: As detailed on the Customers invoice/receipt.
6.4 The Customer has the right to cancel the Contract within 14 Calendar Days of receipt of this notice (the “Cancellation Period”).
6.5 The Customer may be required to pay for Services provided if provision of the Services has commenced with the Customer’s written agreement prior to the end of the Cancellation Period.
6.6 In the event that the Customer chooses to exercise their right to cancel within the Cancellation Period, the Cancellation Form attached to these Terms and Conditions as Schedule 1 should be completed in full and returned to the Seller at the address provided in sub-Clause 4.7.1 below.
6.7 Cancellation Notices must be sent to the Seller at the following addresses:
6.8 Cancellation Notices shall be deemed served upon the Seller:
6.9 Use of the Cancellation Form is optional; however all Cancellation Notices, in whatever format, must be in writing and must contain all information included in Schedule 1.
7.1 If the Customer chooses to exercise the Right to Cancel in accordance with Clause 4 above, the provisions of this Clause 5 shall apply in determining any refund to which the Customer may be entitled.
7.2 The Customer must inform the Seller of their exercise of the Right to Cancel within the period required by Clause 4.
2.22 All competition winners must be deemed to have full mental capacity in order to be able to use the competition prize and make a will. In cases where it is required to meet with all professional code of conduct, regulations and guidance, or the law of the land, further medical checks or processes may be required by law in order to fulfil the completion of the competition prize. In such circumstances any additional costs to the competition prize will be borne by the competition winners
7.3 If the provision of Services has commenced, at the Customer’s written request, prior to the giving of notice by the Customer and the end of the Cancellation Period, the Seller shall remain entitled to any monies constituting the value of such Services.
7.4 If the provision of Services has commenced prior to the giving of notice by the Customer and the end of the Cancellation Period without the Customer’s written request, the Seller shall not be entitled to any monies constituting the value of such Services.
7.5 If the Customer requires their Documents urgently and require that the Company commence work prior to the expiration of the cancellation period the Customer can agree to waive their rights under the Regulations by signing a waiver agreement. This will mean that they will be required to pay for any work completed should they decide to reinstate their right to cancel within the 14 days. This should be provided in writing.
8.1 The Company is committed to providing the Customer with a high quality service. An essential part of that service is that the Company will communicate effectively with the Customer so that they are kept informed of progress.
8.2 The Company maintains a full complaints procedure to which any complaint should first of all be addressed to the Managing Director Jonathan Nightingale in writing, by email or by telephone. Your complaint will be acknowledged within 5 working days of receipt and will your complaint will be investigated further. You will be written to with the results of the investigation or reasons why the investigation was not complete and timescales for completion within a further 14 days