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.
2.2 Any queries or questions will be answered along with a full explanation on the contents and terminology used in the drafting of your Documents.
2.3 The company’s fees for providing the service agreed will be confirmed at the meeting and followed up in writing within 7 working days before any work is undertaken.
2.4 A Draft copy of agreed documents will be provided to you for checking within 14 days
2.5 Upon receipt of confirmation that the Draft copy of documents supplied is correct the final documents will be produced with 7 working days
3.1 The Company usually operates a two-meeting process. The first meeting is to explain our fees, services and terms of business and to discuss your situation and your requirements. During this first meeting we will gather as much information as possible to enable us to provide advice on a suitable solution to your requirements.
3.2 In between the first and second meeting, we will arrange by secure email or post to deliver a draft copy of your documents to you for checking. The company does not carry out any checks on the information supplied by you. It is important and your responsibility to ensure that any information supplied is complete and accurate and that you thoroughly check all draft documents provided to you at this stage, highlighting any errors including any spelling mistakes or wrong names and confirm the draft document to be correct. The company cannot be held liable or responsible for any liabilities caused by incorrect information supplied by you or your failure to check any draft documents and report any errors.
3.3 A second meeting will be arranged when you have confirmed the draft documents to be correct to sign the final and complete documents, to explain them to you so that you can be sure that they meet with your requirements and to supervise the signing of the documents. Where we are supervising the signing of your documents you may be required to find two independent witnesses to witness you sign.
3.4 Comply with your instructions with reasonable skill, care and expedition appropriate to your needs.
3.5 Provide you with the best advice on matters relating to the Will Writing Services. 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.
3.6 Comply with the Customer’s instructions using all due skill, care and expedition appropriate to the need of the Customer. Regarding the dispatch of documents the Company must adhere to the following timescales unless otherwise agreed in writing with the client at the time that the Customer’s instructions are received. The following timescales take effect immediately upon the Customer providing all the information required to complete the agreed instructions.
3.7 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 will 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 or cancel the contract, with a full refund being provided should it be requested by the client.
3.8 Maintain the strictest confidentiality to ensure that your personal data and information is stored and kept securely. We will be required to share relevant personal information about you with our chosen third-party providers and partners in connection with the provision of any agreed will writing and legal services, All third-party providers will be required to keep your personal data securely. For more information on how we hold your data please view our privacy notice https://www.willprovider.co.uk/privacy-policy which will be provided to you in addition to these terms of business.
3.9 Personal information will be not be shared with other organisations or third-party providers for any purpose other than providing your agreed services without your express written permission unless legally required to do so, we shall comply with all legislation in force relating to data protection.
3.10 The company will maintain customer files in accordance with the data protection act for 6 years after your death, or for a period of 6 years after you have notified us in writing that your document(s) have been revoked, whichever event occurs first.
3.11 Offer an attestation service that supervises the signing and witnessing of your Documents at your home, place of work, our office or any location of your choosing with 10 miles of your home address. 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 an agent of the Company. 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 documents for free after they have been signed to ensure validity. It is your responsibility to send the documents to our Company after you have signed them if you would like them checked.
3.12 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 instructions. 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.
3.13 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 etc.
3.14 Where the company cannot legally or practically follow the instructions given by a customer, the company must explain any differences between the customer’s instructions or expectations and the documents to be provided.
3.15 Where the company cannot legally or practically follow the instructions given by the customer the company reserves the right to end this contract. If the company decides that it cannot follow your instructions you will be advised in writing of this decision and the reasons why.
3.16 Normal office hours are Monday – Thursday 9:00Am to 5:00Pm and Friday 9:00Am to 3:00Pm (Excluding Bank Holidays) There may be times when we are not available to answer your calls, please leave a message on the office phone and we will contact you as soon as possible.
3.17 The company holds £1,000,000 Public Liability Insurance, £10,000,000 Employers Liability insurance and £2,500,000 Professional Indemnity insurance with Beazley Insurance through our Insurance Brokers Lockton Companies LLP. Policy Number BUK/105877.
3.18 Hold any money received from a client in advance of the preparation of documents in a separate client money account until the will writing services have been carried out in accordance with your instructions.
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.
The legal basis on which any personal information that the company collects from you, or that you provide to it will be processed as per this contract and as follows. This information will be collected during our meetings, in correspondence by post or email or in telephone conversations.
Telephone calls may be recorded for training and compliance purposes.
Meetings may be recorded for training and compliance purposes.
8.1 Personal information may be processed by the Company for a number of legitimate purposes Including:-
To carry out its obligations under this agreement
8.2 The company will maintain client files for a period of 6 years after your death or for a period of 6 years after you have notified us in writing that your document(s) have been revoked, whichever event occurs first.
8.3 The Company may disclose your personal information to its partner firms and/or sub-contractors who it relies on to be able to provide its services to you but in doing so will ensure that they apply the same or greater controls in terms of data protection as the Company does. Our clients can request who we share your data with at any time by following our privacy data process.
The Company may also disclose your personal information in the following circumstances:
8.3.1 If the Company or substantially all of its assets are acquired by a third party, in which case personal information held by us about our customers will be one of the transferred assets.
8.3.2 To prevent fraud or if required to do so by law
8.4 Other than as provided in sections above, the Company will not disclose any personal information to anyone outside of the Company without your specific permission.
8.5 Whenever the Company processes personal information as described in the sections above it will ensure that it always keeps the Personal Data rights of you and anyone whose personal information that you provide in high regard and will take account of these rights. You have the right to object to this processing and if you wish to do so, please contact the Company at the address below. Please bear in mind that if you object, it may affect the ability of the Company to carry out its obligations under this agreement and/or to provide products or services to you.
8.6 All personal information will be held by the Company under appropriate and reasonable security measures 8.9 The Company wants to make sure that personal information in processes is accurate and up to date and you may ask to correct or remove information that you think is inaccurate.
8.10If you wish to raise a complaint on how your personal information has been handled, please contact us and we will investigate further. If you are not satisfied with our response or believe we are not processing your personal information in accordance with the law, you can complain to the Information Commissioners Office (ICO).
9.1 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.
9.2 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