| Terms And Conditions Invoice |
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This web site is operated by Net Lawman Limited, a company incorporated in England, of |
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Astons Barn, North Green Road
Pulham St Mary, IP21 4YF |
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| Net Lawman cannot act for you until you have agreed to these terms and conditions. They represent the contract between you and Net Lawman Ltd ("us", "we", etc). By instructing Net Lawman in any way, you agree to be bound by them. No change can be made to these terms unless the changed agreement is in writing, in hard copy, signed by both us; or set out in email messages, to and from each other. This agreement binds both you and us as soon as you become a client or customer. This agreement may be changed at any time. When it is changed, your own contract is not changed. The version posted here at the time you instructed us continues to be valid. The new version is valid for all new instructions from you and from others. |
| "Content" |
means information in any form published on our web site by us or any third party with our consent or downloaded by you from our web site. |
| "Our Web Sites" |
means the entire computing hardware and software installation that is or supports Our Web Sites including any communication or peripheral system. |
| "Service" or "Services" |
means all the services we provide, whether or not from Our Web Site. It includes documents and letters for which you buy a licence to use, documents we prepare for you, all advice we give, information we provide and all other actions we take for you. |
| 2. Our paramount aim . . . |
| is to provide you with high quality services so as to enable you to operate your business as smoothly and profitably as possible. We are confident we shall provide a high quality service at all times. We greatly value your business, and would not wish to think you have any reason to be unhappy with us. If however you have any question or concern about our work for you, please address it by email to us by our contact page. We do not publish e-mail addresses to prevent automatic pickup and use for spamming us.
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| You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with our Services.
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| 4.1 |
The services you buy on our Websites are supplied both by us and by third parties. Most such third parties are lawyers. |
| 4.2 |
These terms apply to all your purchases (except advertising space) except insofar as the terms of a lawyer may be in conflict. In that case, the lawyer's terms take precedence so far only as his relationship with you is concerned. |
| 4.3 |
So far as concerns services provided by Net Lawman, you become a client only when:
| 4.3.1 |
you have sent a completed instruction to us through Our Web Site and paid for the Service you have ordered and |
| 4.3.2 |
we have responded in a manner indicating acceptance, for example by providing or starting to provide the advice or information or document you have requested. |
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| 4.4 |
You also become a client or customer when we provide a document or advice or information to you in expectation of payment but before you have actually paid. |
| 4.5 |
You cease to be a client of Net Lawman when we have provided the Service for which you have paid
OR
When our contract with you is concluded on the first to happen of:
| 4.5.1 |
your receipt of the Services you have bought, by any means; |
| 4.5.2 |
our sending of the Service by e-mail and not receiving notification from our service provider of non-delivery; |
| 4.5.3 |
our completion of any task or Service for which you have paid us. If there is any doubt as to when this is, or was, then our decision is final; |
| 4.5.4 |
our having worked for the amount of time for which you have paid us, even if the work is unfinished. |
| As a result you are not a client for the time between our completing one piece of work for you and starting another. Each piece of work is a new retainer which terminates when that work is done. |
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| 4.6 |
There is no contract between us for any free Service, so you do not become a client by using any free Service and we are not liable to you in any way resulting from your use of any free Service. |
| 4.7 |
Your instructions to us terminate automatically each time we complete work for which you have paid us. If we should give advice on the same case at a subsequent time, such advice constitutes a separate contract and does not retrospectively extend the first contract for our Services. |
| 4.8 |
Prices for business Services are exclusive of any applicable value added tax or other sales tax. Prices for Services which you may buy as a consumer are inclusive of VAT. |
| 4.9 |
The price of any document or other Service may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy a Service. |
| 4.10 |
Services will be delivered by your free download, by e-mail or by both of these, at our choice. |
| 4.11 |
You agree that you are bound by these terms (or the latest version of them) for all future contracts with us, whether ordered through Our Web Site or in some other way. |
| 4.12 |
You now agree that you commit a breach of this contract if you seek repayment of money paid to us by asking your credit card provider to credit back a payment made to us, without attempting to seek repayment from us first. In that event, you agree that you will owe us first the sum charged to us by our merchant service provider (£25 at 1st January 2009) and secondly a sum based on time spent at £100 per hour in dealing with your breach. You also agree that this provision is reasonable. |
| 5. Delivery of the Services |
| 5.1 |
Advice and document drafting and any other Services supplied personally will be delivered within an estimated time frame. You may cancel any undelivered balance at any time, whereupon we will refund the appropriate proportion of your money. |
| 5.2 |
Services supplied instantaneously or almost so, will be delivered by e-mail or by your own down-load from Our Web Site. You may obtain re-delivery as often as you wish for a period of 60 days. |
| 5.3 |
We accept no responsibility for problems you may have in making payment through a web page of our payment service provider or in down-loading any document or other Service. |
| 5.4 |
If you pay by cheque, we will deliver the Services to you by e-mail within five days (and often very much sooner) after clearance of your cheque into our account. |
| 6. If you buy as a consumer |
| If you buy as a Consumer as defined in the Consumer Protection (Distance Selling) Regulations 2000, and only if those regulations apply to your contract with us, then: |
| 6.1 |
you may have a right to cancel the contract. In that event, we will refund your payment in full by means of the same method as you paid us. If you buy a will using our wills system, the transaction is regulated by these regulations. |
| 6.2 |
substitute services will not be offered under any circumstances because we do not believe it is in your interest that we should do so. |
| 6.3 |
Free Services are not covered by the Regulations. |
| 6.4 |
You have no right to cancel a contract to buy a document because that transaction cannot be undone. |
| 7. Promotions, offers and events |
| If we offer Services in some way not anticipated by these terms, then you are entitled to terms no less favourable than those set out here. |
| 8. Limitations on Service |
| 8.1 |
Services you buy on our websites and provided by solicitors or barristers in practice are provided subject to the rules and regulations of the professional bodies of which those providers are members. You have the benefit of their professional indemnity insurance and of other professional safeguards. |
| 8.2 |
The fact of your buying Services from a practising solicitor or barrister does not of itself indicate that the service is suitable for your use. Advice is inevitably limited by the scope of your instructions and the time available for the drawing of advice. If you require a full service, it may be necessary to re-instruct your lawyer for further help. |
| 8.3 |
Services provided by Net Lawman or by any other person who is not a practising UK solicitor or barrister are provided "without liability". We make no representation and give no warranty with respect to any of the Services. We do not suggest any Service is suitable for your particular use. We are not and do not pretend to be solicitors. |
| 8.4 |
Documents are provided as template versions for you to edit and change to suit your circumstances. We do not refund money if you decide not to use a document. |
| 8.5 |
Documents may include technical inaccuracies or typographical errors. |
| 8.6 |
Advice given and documents drawn specially for you are appropriate only to the facts and circumstances you have told us about. If you do not give us full instructions, it is possible that our advice may also be incomplete. |
| 8.7 |
We are not responsible for any action you decide to take as a result of receiving our advice. |
| 8.8 |
The Net Lawman Service does not extend to our handling of your "case", nor will we generally contact any third party on your behalf without a special arrangement. Accordingly, we are under no obligation to undertake any work for you beyond what has been specifically agreed. |
| 8.9 |
Our Web Site contains links to other Internet web sites. We have neither power nor control over any such web site. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked web site, nor for any loss or damage arising from your use of any such web site. |
| 8.10 |
We are not liable in any circumstances for special, indirect or consequential damages or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of our Services. |
| 8.11 |
Advice given and documents produced by Net Lawman are valid only within the jurisdiction of England and Wales. In practice, most documents are valid in Scotland and Northern Ireland and many are valid in other jurisdictions. |
| 9. Content and Intellectual Property Rights |
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| 9.1 |
When you "buy" a Net Lawman form or document, what you do in fact buy is a licence to use our document for the purposes of your own business or in a single company. Solicitors may re-use the document as for any legal precedent. You may use it as often as you like subject to the other terms of this agreement. |
| 9.2 |
All ownership rights and intellectual property rights in the Content whether provided by us or by any other Content provider shall remain the sole property of us and / or the other Content provider. We will strongly protect our rights in all countries. |
| 9.3 |
You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement. |
| 9.4 |
It is a condition of your license to use any document that you preserve our copyright notices as far as reasonably possible and at least once on every document. |
| 10.1 |
Charges are fixed whenever reasonably possible. |
| 10.2 |
When we cannot provide a firm price, we will charge by the hour. In that case all work done, including all letters, e-mails, faxes and telephone calls made and received will be charged on a time basis in minimum units of one tenth of an hour. |
| 10.3 |
Estimates of money will be provided to you wherever possible. |
| 10.4 |
Our hourly charging rate at 01 January 2004 is £120 |
| 10.5 |
Our hourly charging rate for travel time at 01 January 2008 is £80. |
| 10.6 |
Our mileage rate at 01 January 2008 is £0.60p per mile. |
| 10.7 |
Other travel costs will be re-charged at cost incurred. |
| 10.8 |
Our Service requires payment in advance in every case. |
| Note: you can keep our charges low by providing full instructions and avoiding unnecessary contact. |
| 11. Holding money on your behalf |
| 11.1 |
We do not conduct money transactions nor make payments on behalf of clients. We cannot therefore accept or hold money on your behalf, beyond money paid for our immediate Services and / or documents. |
| 11.2 |
If you decide to terminate your instructions to us before we have "spent" all of the money you have sent to us, we shall immediately refund the balance to you. |
| 12. Storage of papers and documents |
| We are not obliged to keep copies of communications between us, nor papers you send to us in any connection. You should therefore never send original papers to us. In practice, we will endeavour to keep soft copy of advice given, for our own benefit. You are strongly advised to print and retain a copy of all communications between us. |
| 13.1 |
You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of Our Web Site. |
| 13.2 |
You agree that you will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of Our Web Site, or any software used on, and that you will not permit any other person to do so. |
| 13.3 |
You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
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| 13.4 |
Examples of violations are:
| 13.4.1 |
accessing data unlawfully or without consent; |
| 13.4.2 |
attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; |
| 13.4.3 |
attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing"; |
| 13.4.4 |
forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; |
| 13.4.5 |
taking any action in order to obtain services to which you are not entitled. |
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| You agree to indemnify us against any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising in any way out of your use of Our Web Site, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person. |
| If any of these terms is at any time held in any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. |
| 16. Contracts (Rights of Third Parties) Act 1999 |
| Nothing in any contract to which we are a party shall confer any right to any person not a party to a contract. |
| No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver. |
| In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation. |
| This Agreement shall be governed by and construed in accordance with the law of England. |
| Copyright
Andrew Taylor and Net Lawman Ltd 2002-2010 |
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Terms and conditions
