Online Terms and Conditions

The following terms and conditions apply to the use of online documents and services provided by Richard Nelson LLP through either this web site or through the YourWill website. Please note that they are in addition to and not as a substitute for our standard terms and conditions.

General

Set out here are the terms and conditions ("the Conditions") that govern your use of the website ("Website"), and the services provided or offered to users of the Website ("User Services"). Our policy relating to the capture and use of personal data ("the Privacy Policy") as detailed on the Website forms a part of these Conditions. It is important that you read and understand these Conditions before you start to use the Website. You can print and keep a copy for your reference.

Reference to "Limited Engagement" means the provision of legal advice and drafting services, if and when offered to you, and provided by us under the terms of the engagement letter in relation to the Document Preparation Service.

These Conditions (and all communications) are in English and governed by, and will be construed in accordance with, the law of England, and the courts in that jurisdiction shall have jurisdiction in any legal proceedings.

Using the Website

The Website is for use only in relation to legal issues in the jurisdiction in which we operate, that is to say England and Wales.

The content of the Website is provided for information only, and does not constitute advice nor a recommendation to you that the products and services advertised on the Website are suitable for you in your personal circumstances.

Reasonable efforts will be made to keep the Website available for use; however access is not guaranteed to be available all the time. We will not be liable for any periodic unavailability of the Website.

Due to the nature of the internet and the possibility of third party interference, the Website is not guaranteed to be free of all viruses and technical defects of any description. We will not be liable for any damage or loss caused by such third party interference as a result of your use of the Website.

If there are links from the Website to other websites operated by third parties, we do not guarantee you will be able to access the other website via any link on the Website. We do not guarantee the content or accuracy of any third party's website, nor do we accept any responsibility for your use of that website.

The Law Guide

If and when available on the Website, the information contained in the Law Guide is for guidance and information only and is not to be construed as advice.

Although every effort will be made to ensure that the Law Guide is accurate and reflects the law at the time of use, it may or may not reflect current events or changes in the law. Before you act or rely on the Law Guide, you should take advice from us. We disclaim all liability for actions taken or not taken based on the Law Guide.

Document Preparation Service

The document preparation service ("the Document Preparation Service") does not provide legal advice nor represent a legal service. It is designed to collect relevant information and data to assist in the preparation of a legal document ("the Document") on your behalf to enable us to either provide the Limited Engagement (if and when offered to you), or as part of our Extranet service to enable us to consider your matter and engage with you off-line.

The Document Preparation Service uses a document assembly and drafting system ("the System"). When using the Document Preparation Service you will be asked a series of questions; the answers you give will dictate the content of the Document produced by the System. You alone are responsible for ensuring the answers, or any information that you give, is correct (this includes information in relation to the identity of any parties or signatories, their age or capacity). We rely on you providing the correct information.

You must carefully check that the Document produced fully reflects your wishes. If it does not, you should not execute it. It is your responsibility to ensure that any Document is properly executed in accordance with the instructions that are provided to you, or if any person or entity who is to sign it is outside the jurisdiction in which we operate, that any Document is properly executed in accordance with the requirements of that jurisdiction where those requirements prevail.

Documents are prepared in accordance with the law of the jurisdiction in which we operate. You should not use them in any other jurisdiction, or if the property the Document deals with is outside the jurisdiction in which we operate.

Before you act or rely on any Documents, you must take advice from us. We disclaim all liability for actions taken or not taken based on the Documents unless the Documents are approved by us as part of the provision of the Limited Engagement, or as part of an off-line engagement as the case may be.

Documents completed online will be stored for a maximum period of 6 years. After this period you may not be able to obtain access to your Documents, and they may be deleted. We reserve the right to levy a reasonable recovery charge in respect of any documents that are able to be recovered. If you have not logged in to the Website for a period of 12 months or more, then we reserve the right to store your documents offline and levy a reasonable recovery charge for you to access them again.

We will not have any responsibility or liability for:

Verifying your answers or any information given by you when using the Document Preparation Service;
Proof reading all data you have input for typographical errors;
Any alterations made by you or on your behalf to a document once it has been returned to you by us unless such alteration has been approved by us;
Supervising or checking the due and proper execution of any Document;
Any use of a Document or execution of a Document by a person or entity outside of the jurisdiction in which we operate;
Any adverse consequences if you use any Document without taking appropriate legal advice as to its suitability for your particular circumstances from us;
Undertaking any future review of any Document or to provide any advice, legal or otherwise, as to the continuing effectiveness for legal, taxation or any other purpose of any Document.

Document Packs

A document pack consists of access to a range of Documents that may be created using the Document Preparation Service and may also include Legal Document Review as part of a Limited Engagement. The details of what is included in the pack will be detailed on the Website.

Registering for User Services

In order to have access to the User Services and the client area ("the Client Area") you must register with us to obtain a username and password.

If you are an individual you must be aged 18 years or over to use the User Services.

The use of the User Services from the Client Area is for your personal use only (except in the case of individuals on behalf of a partner, spouse or civil partner in respect of the Wills service, and in the case of any business services, any authorised person on behalf of the business). You shall not permit any other party to have access to the User Services or Client Area or to use the User Services. If you breach this term we can, without notice, revoke your username and password and refuse access to the Client Area of the Website.

User Services

Legal Document Review

The Legal Document Review Service (if and when offered to you) is provided only as part of a Limited Engagement. Once a Document has been drafted using the Document Preparation Service, you must send it electronically using the Website for review by us as directed on the Website. We may contact you by telephone or email to clarify your requirements.

When we advise you on the preparation of any Document we will exercise reasonable skill and care in the provision of this service to you in accordance with our engagement letter. We will perform our work as quickly as is reasonably possible, but shall not be liable in respect of any failure to meet any specified deadline or completion date.

Subject to any information to the contrary relating to service levels set out on the Website, our work ("the Limited Engagement") will cover:

Review of the answers you gave the System;
Review of the draft Document that has been produced by the System following your session on the Website;
Any communications we instigate with you via email or telephone;
Where we deem it appropriate, an interview to be conducted either over the telephone and/or in person subject to the service levels set out on the Website relating to the service you have purchased;
Confirmation to you based on such communications and/or interview that we are satisfied that the draft Document meets your requirements;
Answering any questions you may have raised when sending the Document to us for review;
Any amendments that are required to the draft Document to ensure its suitability for your particular circumstances.

The scope of the Limited Engagement as set out above is based on the assumption that all communications with us via email and/or telephone will be subject to the service levels set out on the Website, and will be limited to those of importance and those which are wholly necessary for the purpose of enabling the Limited Engagement to be carried out quickly and efficiently. We will endeavour to respond to such communications as fast as we can, and aim to respond within 5 working days.

If we are of the opinion that we will be unable to complete our work within the scope of the Limited Engagement, we will advise you as soon as this information is available to us.

If you wish to continue to instruct us outside of the scope of the Limited Engagement we will agree with you the scope of the extra work we require to carry out, and provide you with another engagement letter setting out the additional work we consider will be required, together with an estimate of our fees for carrying it out.

We will not undertake any work outside of the scope of the Limited Engagement without your express written authority.

Where the Document is a Will or a trust:

Where Document is a Will or a trust we will provide them only in accordance with the law of the jurisdiction in which we operate and with the formalities for Wills that are to be signed under these laws.
When provided under a Limited Engagement: There is no obligation or duty to supervise the execution of any Will nor to take responsibility for the Will being correctly executed. You will be provided with instructions on how to sign your Will in accordance with the law of the jurisdiction in which we operate.
When preparing a Will on your behalf we have no responsibility and will accept no liability for verifying:
- your identity;
- you are over 18 years of age;
- your testamentary and / or mental capacity;
- whether you are or were subject to any undue influence when using the Document Preparation Service;
- whether you knew, understood and approved the contents of your Will;
- whether there were or might be any actual or potential third party beneficiary(ies) who might have a claim in law against your estate.
We do not assume any responsibility nor will we accept liability for failing to provide later advice on the terms of any Will or trusts prepared using the Document Preparation Service should future taxation changes or any other changes in the law render their terms inappropriate. The responsibility for future reviews of the terms of your Will or trusts rests with you.

Extranet service

The Extranet service consists only of free access to the Document Preparation Service. You will not be able to view or access the Document. Before we carry out any work on your behalf we will send you an engagement letter setting out the terms upon which we will act for you and the cost.

Solicitor/client relationship

No solicitor-client relationship is established by use of the Website. Sending or receiving information through this website does not establish a solicitor-client relationship. We will establish a solicitor-client relationship with you only by your acceptance of our engagement letter and subsequent confirmation of our agreement to act for you after conflict checking has been completed.

Payment for User Services

The User Services are provided to you by us. However, payments made by you online for User Services or other services provided to you by us are made to the merchant of record, Epoq Legal Ltd (Company number 3707955), whose registered office is at Middlesex House, 29-45 High Street, Edgware Middlesex HA8 7UU ("ELL").

Refunds

If you are not happy with any Document you have purchased, you may contact us for a refund within 14 days of the date you purchased it, provided that, in the case of a Document purchased with the Legal Document Review service the Document has not been finally approved by us.

Limitations

If we are held liable for any loss or damage to you for the provision of or failure to provide a User Service, such liability shall in all cases be limited to an amount not exceeding the maximum sum of our professional indemnity insurance in respect of any one claim or series of connected claims.

You acknowledge that the exclusions and/or limitations in these Conditions are reasonable having regard to the fact that the Website, Law Guide (if and when available) and the Document Preparation Service are freely accessible and available at no cost.

Intellectual Property

Use of the Website and the User Services is subject to the notices of ownership of intellectual property rights detailed from time to time on the Website.

All rights in the design, text, graphics and other materials on the Website are the copyright of either Epoq Group Ltd ("EGL") (4265146) registered office Middlesex House, 29-45 High Street, Edgware, Middlesex HA8 7UU or us.

"RAPIDOCS", "DIRECTLAW" and their respective logos are either UK registered trademarks or other trademarks of "EGL".

Rapidocs software featured on the Website is copyright of EGL 2009. Reproduction of part or all of the content of the Website in any form is prohibited. Other software reproduced in and on the Website is copyright EGL 2008. You may not use (other than as is expressly or impliedly licensed) resell, reverse engineer, decompile or otherwise modify such software.

Other Conditions

We shall not be liable for any failure to provide or delay in providing any service resulting from circumstances or events outside of our control, for example due to strikes and other industrial disputes, breakdown of systems or network access, fire, explosions, or power failure.

If any part of these Conditions (and/or notices on the Website) are found to be invalid or unenforceable, then such part will be deemed replaced by a valid and enforceable provision that most closely matches the intent or the original part, and the remainder of the provision shall continue in full force and effect.

If you do not use the Legal Document Review Service within 12 months of purchase you will not be able to obtain access to it thereafter. In such circumstances we shall not have any obligation to rebate you any part of the sum you have paid us.

We reserve the right to change the Conditions under which the Website or any User Service is offered.

Should you have reason to complain, you may do so by telephone, or in writing by email or post. If you have a complaint, please contact us directly and your complaint will be investigated fully by our customer relations team and you will receive a prompt reply.

If you are not satisfied with the way your complaint has been handled you may escalate the complaint in accordance with our complaints procedure.

No forbearance or delay by either party in enforcing the provisions of these Conditions will prejudice the rights, powers or remedies available to that party and such rights, powers or remedies will be cumulative.

You may not assign, subcontract or otherwise transfer any rights and obligations under these Conditions, whether in whole or in part, without our prior written consent. We shall be able to assign the benefit of all or part of these Conditions.

Headings in these Conditions are for convenience only and shall not affect their interpretation.

These Conditions represent the entire agreement between us.

Your acceptance of these Conditions signifies your consent and agreement to them.