Terms and Conditions
In these terms and conditions:
(a) 'Eversley Estate Planners' is the company that is providing the service
(b) 'You' means the individual using Eversley Estate Planners services ('the Service')
(c) 'Interview Questionnaire' means the Eversley Estate Planners questionnaire completed by You via Eversley Estate Planners
(d) 'the Site' means the Eversley Estate Planners website
The Service
1. The Service is only appropriate if You:
are domiciled in England or Wales
are over 18 years of age
are able read, write and see
understand the English language
understand the nature and purpose of making a Will
Eversley Estate Planners accepts no responsibility for verifying your identity or any of the above.
2. You can only use the Service to make your Will.
3. Eversley Estate Planners reserves the right to refuse to process any submitted Will Interview Questionnaire or prepare any Will at its absolute discretion.
4. Eversley Estate Planners shall prepare your Will in reliance upon the information provided by You via your completed Will Interview Questionnaire. After checking and having the Will explained to you, Eversley Estate Planners will not be liable for any inaccuracies, errors, omissions, or otherwise and You or your Estate agree to indemnify Eversley Estate Planners in respect of any claim in respect arising therefrom.
5. Eversley Estate Planners will visit You to complete the Will Interview Questionnaire and explain all jargon to You. Eversley Estate Planners will post the first draft Will to You at the address in the U.K. provided by You by First Class Post
6. Eversley Estate Planners will accept written cancellation of the Will making request within 7 days of Your receipt of the Will. You will only be charged 50% of the total value for drafts completed and administration costs. However, this only applies where You have returned the unopened Will envelope with the written cancellation.
7. Before the arranged signing of Your Will is to take place Eversley Estate Planners will provide You with the final version before execution of the Will takes place. If Eversley Estate Planners have not heard from You, Eversley Estate Planners will retain the right that you are happy with this version and this version shall become the version that will be signed.
8. Eversley Estate Planners will advise you on who should and shouldn't sign Your Will as a witness if you thereafter decide to go against this advice and as a result a beneficiary should suffer a loss Eversley Estate Planners accepts no liability for any loss whatsoever arising out of a failure to fully follow such instructions.
9. There are certain elements of the execution process Eversley Estate Planners is unable to ensure are complied with. These are:
a) that the witnesses are over 18
b) that the witnesses are not married to a beneficiary (unless it is apparent from the content of the Will or completed Will Interview Questionnaire
c) that the witnesses saw you sign the Will
d) that you watched both witnesses as they each signed the Will
10. Eversley Estate Planners offer a storage facility via the Society of Will Writers however, You do not have to do this. Therefore, Eversley Estate Planners accepts no responsibility for any loss, stolen or misplaced original Wills. This is solely Your responsibility.
11. Eversley Estate Planners will contact You every 18 months following the first signing of Your Will to see if any changes need making. However, contact will only be made by sending a letter to the last address of You that Eversley Estate Planners has. If no contact could be made because You moved and did not notify Eversley Estate Planners this is Your responsibility to contact Eversley Estate Planners for review.
12. Eversley Estate Planners will contact You to notify You if any changes in the law occur. However, this is Your responsibility to then follow up with Eversley Estate Planners.
Payment
13. Payment will be accepted via Cheque made payable to 'Eversley Estate Planners' or in UK Pounds.
Professional Insurance Indemnity
14. Eversley Estate Planners is a member of the Society of Will Writers which makes all their members take out insurance for any third party claim made against Eversley Estate Planners.
Data Protection Notice
15. For the purposes of the Data Protection Act 1998, Eversley Estate Planners confirm:
That Personal Data, as defined in the Act, will be collected and stored in electronic and paper form.
The Personal Data entered in the questionnaire and contained in the Will, will be kept for a period of 12 years.
Personal Data will not be used for any purpose other than: - The preparation of the Will
- The monitoring of the service provided to Clients.
- Checking and comparing the names, addresses and other details of users to ascertain whether an individual, partnership or company is using this service for commercial purposes.
Personal Data will not be passed on to any Third Party. except as follows: -
- If You have requested specific Financial Advise with Your consent Your details will be passed on to Eversley Financial Management
16. Should You wish to request that Personal Data be deleted from Eversley Estate Planners databases, or have any other queries about the Personal Data held, You should contact: -
Eversley Estate Planners
42 High Street
Cheshunt
Hertfordshire
EN8 0AQ
e-mail: jo@eversley.co.uk
Intellectual Property Rights Notice
17. The contents of the Eversley Estate Planners website are protected by copyright and must not be reproduced without the prior written permission of Eversley Estate Planners.
Miscellaneous
18. Eversley Estate Planners reserve the right to change these terms and conditions without notice.
19. The submission by You of a Will interview questionnaire constitutes acceptance of these terms.
20. Refunds will be made at Eversley Estate Planners discretion.
Legal Notices
21. These Terms and Conditions are subject to the law of England and Wales and any disputes will be dealt with by the Courts of England and Wales.
22. Any provision of these Terms and Conditions which are declared void or unenforceable by any competent authority or court shall to the extent of such invalidity or unenforceability be deemed severable and the other provisions of these Terms and Conditions shall continue unaffected.
Force Majeure
23. Eversley Estate Planners shall not have any liability whatsoever or be deemed to be in default for any delays or failure in performance under these Terms and Conditions resulting from acts beyond its control, including but not limited to acts of God, acts or regulations of any governmental or supranational authority, war or national emergency, terrorist activities, accident, fire electricity failure or power cuts or server malfunction.