Terms and Conditions
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This is the terms and conditions on which Langham Wills Ltd. (simplewillsonline.co.uk) supplies Documents, Services and Probate Services (as defined by those terms) to you.
Langham Wills Ltd are regulated by the Society of Will Writers and follow their strict code of conduct.
1. These terms and conditions
1.1. These are the terms and conditions on which we supply Documents and Services (as defined below) to you.
1.2. Please read these terms and conditions carefully before you submit your order to us. These terms and conditions tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms and conditions or require any changes, please contact us to discuss.
2. Definitions and interpretation
2.1. “Document(s)” means the will document or any other document sold by us on our Website and which are ordered by you.
2.3. “Probate Services” means the services provided by our selected partners relating to probate.
2.4 “Services” means the service provided by Langham Wills Ltd to create, update, revise and check the Documents.
2.5. “Website” means https://www.simplewillsonline.co.uk/.
2.6. “we”, “us”, “our” means Langham Wills Ltd.
2.7. “you”, “your”, “yours” means the user accessing the Website and ordering any Documents and/or Services from the Website or via telephone.
2.8. “Writing” includes emails. When we use the words "writing" or "written" in these terms and conditions, this includes emails.
3. Information about us and how to contact us
3.1. We are Langham Wills Ltd, a company registered in England and Wales under company registration number 07357952. Our Office address is 4 Rutherford Centre, 10 Dunlop Road, Ipswich, IP2 0UG. Our registered office is 20-21 Aviation Way, Southend on Sea, SS2 6UN, UK.
3.2. You can contact us by writing to us at , or by telephone on 01473 487611 or post at the office address above. Any request, notification, communication or notice under these terms and conditions may be made by Langham Wills Ltd or on behalf of Langham Wills Ltd via any email address of the domain (namely, ‘name or function @simplewillsonline.co.uk) as well as by other means such as post. However, the use of such an email address should not be relied upon as evidence that the communication has been sent by Langham Wills.
3.3 If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
4. Documents and Services
4.1.1 Please check that the Documents and/or Services we offer are suitable for your use before you order from us. It is important that you read through the various pages on our Website before you purchase Documents and/or Services.
4.1.3. The Documents and Services are not suitable for you if your permanent home is not in England or Wales or if you own a business, agricultural property or assets outside of the UK. However, we may be able to assist using the more advanced service.
4.1.4. You must be 18 years or over in order to register and to order Documents and/or Services from us.
4.1.5. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of registration and are not false or misleading or misrepresent your identity. Where requested, you must provide us with valid and complete contact details including your date of birth, a valid email address and a valid residential address.
4.1.6. When registering with us you will be required to provide an email address.
4.1.7. You agree to provide us with the correct names, addresses, relationships and all information required when making your Will at the time of your instructions. In the event that the document produced has incorrect details given by you a redrafting fee of £50 will be charged to make the necessary changes, re-printing cost and despatch. In the event that Langham Wills Ltd has made the error a new document will be produced free of charge.
4.2. Our contract with you
4.2.1. Our acceptance of your order for Documents and/or Services will take place at the time when we process your order and payment is made, at which point a contract will come into existence between you and us.
4.3 Our products
4.3.1. Documents and/or Services purchased over the telephone are intended for your use only and you warrant that any Documents and/or Services ordered and purchased by you are not for resale and that you are acting as principal only and not as agent for another party. We shall not be liable for the Documents and/or Services to any third party.
4.3.2. The alterations which can be made to the Documents through use of the Services will be limited to set fields such as the names of beneficiaries, executors or assets and you will be able to make unlimited changes to these areas by ordering the Services. You will not be permitted to change or alter the main text on the Documents.
4.4 Your rights to make changes
4.4.1. Due to the bespoke nature of the Documents, you are not entitled to cancel your order or to return the Documents unless either any printed version of the Document ordered is damaged upon receipt. The right to cancel the contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 does not apply to Documents purchased from us.
4.4.2. If your printed and bound version of the Document is damaged upon receipt, we will bear the costs of the return.
4.4.3. All replacements for faulty or damaged Documents will be undertaken within 14 days of receipt of the returned documents or the date you notify us that the Documents are damaged.
4.4.4. You have the right to cancel your subscription to the Services without giving any reason. To exercise your right to cancel the Services you must notify us online through the Website, or email, or in writing as detailed in section 3 of these terms. You must provide us with a clear statement of your decision to cancel the Services. We will communicate to you an acknowledgement of receipt of such cancellation by email as soon as reasonably practicable.
4.4.5. If you cancel the Services, you will be allowed to continue revising your Documents for the remainder of the period you have paid for. At the end of this period you will no longer be allowed to update your Documents. In order to reactivate your subscription, you will have to pay a re-joining fee.
4.5. Our rights to make changes
4.5.1. We may change the Documents, Services and/or Website:
184.108.40.206. to reflect changes in relevant laws and regulatory requirements; and
220.127.116.11. to implement minor technical adjustments and improvements.
4.5.2. We may cancel or suspend your access to Documents or the Services if we consider that you have acted in breach of these terms.
4.5.3. We reserve the right in all cases, at our complete discretion, to decline to offer you Documents and/or Services. Where we do so decline, we will return any payment in full when we notify you of our decision.
4.6. Providing the documents and services
4.6.1. We will despatch a printed, bound copy of the Documents, you will be provided with an estimated date of delivery at the time of ordering. Please note that all delivery periods quoted at the time of ordering are approximate only and may vary.
4.6.2. Where we offer a delivery service for Documents and you have elected to have the documents printed, bound and posted to you, the delivery periods and costs of delivery are included in the price. Documents will be sent to your residential address provided by you at the time of ordering (on the order form) and cannot be altered. We will NOT despatch documents to a third-party address or a third-party email or a third party.
4.6.3. Once purchased, we will supply the Services to you until you cancel the Services as described in clause 4.4.4 or we cancel the Services as described in clause 4.5.2.
4.6.4. If our supply of the Documents is delayed by an event outside our control, then we will contact you as soon as reasonably possible to let you know and we will take reasonable steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Documents you have paid for but not received.
4.6.5. We may have to suspend the supply of the Services to:
18.104.22.168. deal with technical problems or make minor technical changes; or
22.214.171.124. make updates to reflect changes in relevant laws and/or regulatory requirements.
4.7. Price and payment
4.7.1. The price of the Documents will be the price displayed on the Website and confirmed when you place your order. You shall be entitled to use discount vouchers where applicable.
4.7.2. The total price for Documents and/or Services ordered, including any relevant delivery charges, will be confirmed when you place your order. Full payment must be made before the Service can be provided or a Document can be despatched for delivery by us.
4.7.3. The fee for your first Document includes use of the Services for one year. At the end of this year, we will automatically charge you an annual fee per year for the continued ability to use the Services and the safe storage of your Will. The cost as of 01/06/2019 is £29.99 per annum.
4.7.4. In the event that you decide not to sign a Document the price of the Document will not be refunded.
5. Probate Services
5.1. The terms and conditions on which Langham Wills Ltd provides Probate Services will be provided to you when you instruct Langham Wills Ltd, or one of our partners, to obtain a grant of probate on your behalf.
5.2 The terms of service will detail, among other things, our fees, the nature of our service, and how we work with third parties.
6. Your data
6.1. Where we have requested data from you to provide Services or Probate Services, you agree to provide us with accurate and complete information.
6.3. You are entitled to request a copy of the personal information we hold on you. Please contact us if you wish to request this information.
6.4. We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the event of a breach in our secure computer servers or those of third parties.
6.5. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data which you provide when accessing or ordering from the Website.
7. How we may use your personal information
7.1. We will use the personal information you provide to us:
7.1.1. to supply the products to you;
7.1.2. to process your payment for the products; and
7.1.3. if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
7.2. We will only give your personal information to third parties where the law either requires or allows us to do so.
8. Intellectual property rights
8.1. Ownership in, and all rights created in relation to the contents of the Website vest in us absolutely unless otherwise indicated. We retain ownership of all intellectual property rights related to the Website, including copyrights, trademarks and other proprietary rights. No licence is granted to you to use any such intellectual property save that you are permitted to use the Website in accordance with these terms and conditions. You must not modify, copy, reproduce, upload, post, transmit or distribute by any means or in any manner whatsoever, any material or information or download from our Website except where expressly invited to do so or indicated on our Website. The collection, arrangement and assembly of all content on the Website is the exclusive property of Langham Wills Ltd and is protected by copyright.
8.2. You are granted a non-exclusive, non-transferable licence by us to use our Website and to print pages from the Website. If you order and pay for a Document through the Website, you will be granted permission to enable you to create and download your Document. You must not modify, copy, reproduce, upload, post, transmit or distribute by any means or in any manner whatsoever, any material or information or download from our Website except where expressly invited to do so or indicated on our Website.
8.3. You retain all of the intellectual property rights in your data. You grant us a perpetual, irrevocable, transferable, worldwide, royalty free and unlimited licence to use, modify, keep, share, save, copy, and utilise, your data for the purpose of providing the Documents and/or Services to you and as set out in clause 7.
8.4. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Documents or the content of our Website in any way; (ii) modify or make derivative works based upon our Service and Website; (iii) embed a Document as an "iframe" or "frame" from within another application; or (iv) reverse engineer or access the Website, the Services or Documents in order to (a) build a competitive product or service, (b) build a product using ideas, features, functions or graphics that are similar to those related to us, or (c) copy any ideas, features, functions or graphics of the Website. When using the Website you shall not: (i) send any correspondence that has not been suitably scanned for any software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (ii) interfere with or disrupt the integrity or performance of the Website or the data contained therein, or our Website, servers or networks; (iii) attempt to gain unauthorised access to secure pages of the Website or its related systems or networks; or (iv) take any action that imposes an unreasonably or disproportionately large load on our system.
9. Our website
9.1. The information, content and material available on the Website may vary from time to time without notice to you. This is in order to ensure that the Website is as up to date as possible.
9.2. We use our best endeavours to ensure that the information available on the website is correct and accurate however the information is provided on an “as is” and “as available basis” and may become out of date over time.
9.3. The legal information we provide on the website does not constitute the provision of legal advice and we do not guarantee that this is correct, complete or up to date. The information contained on the website is general legal information and should not be construed as legal advice to be applied to any specific factual situation.
9.4. We aim to have the site available at all times, however, you will appreciate that we cannot guarantee this or that it will be error free and we cannot accept liability for any issues that this may cause. We aim to keep the Website as up to date as possible; all product descriptions displayed on the Website are correct at the time the information is entered however the information appearing at the time may not always reflect the position exactly at the time you place your order.
9.5. You must not interfere with the working of our Website nor must you circumvent security on the site, tamper with, or hack into, or otherwise attempt to disrupt our computer system, server, Website, router or any other internet connected device or service.
9.6. There may be a number of links on our Website to third party websites which we believe may be of interest to you. We do not represent the quality of the goods or services provided by such third parties nor do we have any control over the content or availability of such sites. We cannot accept any responsibility for the content of third-party websites or the services or goods that they may provide to you.
10. Disclaimer and limitation of liability
10.1. Langham Wills Ltd is not a law firm and is not registered or regulated by the Solicitors Regulation Authority. Any use of our Documents, Services or Probate Services or the Website does not create or constitute a lawyer-client relationship between Langham Wills Ltd or any employee of or other person associated with Langham Wills Ltd and you. It is for you to satisfy yourself that the nature of the Services and Probate Services that we offer, and the Documents provided to you meet with your requirements and are satisfactory for your purposes and any legal requirements. We cannot accept any responsibility to you if the Documents and/or Services and/or Probate Services you purchased from us are not legally correct for your situation.
10.2. When preparing Documents, we have no responsibility and will accept no liability for verifying:
10.2.1. Your identity; However, we reserve the right to request identification and proof of residency. Where this is requested the documents will not be despatched until this is provided satisfactorily.
10.2.2. Your testamentary and/or mental capacity;
10.2.3. Whether you are or were subject to any undue influence when using the Services or signing your Documents;
10.2.4. Whether you knew, understood and approved the contents of your Documents;
10.2.5. Whether there were or might be any actual or potential third-party beneficiary(ies) who might have a claim in law against your Estate.
10.3. Guidance notes are provided to assist you with the execution of your Document in accordance with the laws of England and Wales. It is entirely your responsibility to follow such notes and to ensure that the Document is validly executed, and we shall have no liability for your failure to properly execute your Document. A failure to do so will result in an invalid and unenforceable Document. We shall have no liability for the guidance notes or for the enforceability of any Document.
10.4. Future changes to the law may mean that your Document becomes out of date or obsolete and we cannot guarantee that the Document you produce will remain up to date, complete and accurate. It is not our responsibility to notify you of changes in the law or the impact of these changes on your Document and we shall bear no liability for this. The responsibility for future reviews of the terms of your Document rests with you.
10.5. We do not review the data you provide to create or generate a Document for the purpose of checking for legal accuracy, correctness, suitability or completeness other than where you have specifically requested this service and paid any fee due for this service. Where you have generated and produced a Document online, we cannot accept responsibility for the appropriateness of the Document or that it will be suitable for your particular situation.
10.6. The Documents and Services are suitable for use in England and Wales only. If you live or have assets outside England and Wales, then you should exercise caution when using any Document and/or Services as it may not be suitable, and we shall have no liability for the suitability of the Document and/or Services.
10.7. We accept no liability and offer no warranty whatsoever for Documents which are made available to you to download from the Website free of charge.
10.8. We disclaim any and all liability to you for the supply of the Documents and our Services and our Probate Services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Document or Service.
10.9. In no event shall we be liable to you for any loss of profits, loss of data or any indirect, special, or consequential loss.
10.10. The limitation of liability set out above does not apply to personal injury or death arising as a direct result of our negligence or any other liability which cannot be excluded or limited under applicable law.
10.11. We only supply the Documents and Services and Probate Services for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11. Customer care
11.1. We strive to provide quality Services and Documents and Probate Services and hope you will be pleased with the work we do for you. We constantly seek to improve our service and we monitor our service standards.
11.2. We have a formal complaints handling procedure, a copy of which can be obtained on request. If you are unhappy about any aspect of the service, you must in the first instance contact our Managing Direct Chris Smith. Please or by any other method of contacting us mentioned at 3.2. We will acknowledge your complaint within 5 days of receipt and then Chris will investigate the circumstances and write to you with the results of the investigation within 56 days of receipt of the complaint.
11.3. Alternatively, you can write the Society of Will Writers.
12. Other important terms
12.1. We may subcontract any part or parts of the Services and Probate Services and we may assign, novate or transfer any part or parts our rights and obligations under these terms and conditions to another organisation without your consent or any requirement to notify you.
12.4. Any contract made for the Documents and/or Services is between you and us. No other person shall have any rights to enforce any of its terms. It is not intended that any of the undertakings and obligations set out in these terms and conditions shall be for the benefit of and capable of being enforced by any third party by virtue of the Contracts (Rights of Third Parties) Act 1999.
12.5. Each of the clauses of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
12.6. No delay or failure on our part to enforce our rights or remedies under these terms and conditions shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
The Purpose of this Notice
When we provide our services to you, we will collect personal information about you [and others] and we want to be open and transparent with you as to the types of information we collect about you, why we collect it, how we use it and who we may share it with.
In the EU’s General Data Protection Regulation (GDPR) personal data is defined as:
“…any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person”.
How we use your information
This privacy statement is intended to let you know how we, Langham Wills Ltd, will collect and use your personal data in order to:
· Respond to your enquiries and questions;
· Deliver any service requests;
· Responding to any complaints;
· Refining our website and improving your experience on it through using cookies.
Why do we need to collect and store Personal Data?
In order for us to respond to your requests, questions, service requirements, complaints, etc. we need to collect personal data for correspondence purposes, keeping up to date with occasional newsletters and products and service, and/or providing a detailed service provision. In any event, we are committed to ensuring that the information that we collect and use is appropriate for the purpose, and does not constitute an invasion or your privacy.
Will we share your Personal Data with anyone else?
We may pass your personal data to third-party services providers contracted to, or associated with our company in the course of dealing with you. Any third parties that we may share your personal data with are obliged to keep your details securely, and to use them only to respond to requests, questions, service requirements, complaints, etc. on our behalf. When they no longer need your personal data to fulfil this service, they will dispose of the details in line with our company’s policies and procedures. If we wish to pass your sensitive personal data to a third party we will only do so once we have obtained your explicit consent, unless we are legally required to do otherwise.
How will we use the Personal Data we collect about you?
We will process (collect, store and use) the information you provide in a manner compatible with the EU’s General Data Protection Regulation (GDPR). We will do our utmost to keep your information accurate and up-to-date, and not keep it for longer than is necessary. We are required to retain information in accordance with the law, such as information needed for tax and audit purposes. How long certain kinds of personal data should be kept may also be governed by specific business-sector requirements and agreed practices. Personal data may be held in addition to these periods depending on the individual business needs.
Under what circumstances will we contact you?
Our aim is not to be intrusive, and we undertake not to ask irrelevant or unnecessary questions. Moreover, the information you provide will be subject to rigorous measures and procedures to minimise the risk of unauthorised access or disclosure.
Can you find out the personal data that the we hold about you?
Langham Wills Ltd at your request, can confirm what information we hold about you and how it is processed. If Langham Wills Ltd does hold personal data about you, you can request the following information:
· Identity and the contact details of the person or organisation that has determined how and why to process your data. In some cases, this will be a representative in the EU.
· Contact details of the data protection officer, where applicable.
· The purpose of the processing as well as the legal basis for processing.
· If the processing is based on the legitimate interests of Langham Wills Ltd or a third party, information about those interests.
· The categories of personal data collected, stored and processed.
· Recipient(s) or categories of recipients that the data is/will be disclosed to.
· If we intend to transfer the personal data to a third country or international organisation, information about how we ensure this is done securely. The EU has approved sending personal data to some countries because they meet a minimum standard of data protection. In other cases, we will ensure there are specific measures in place to secure your information.
· How long the data will be stored.
· Details of your rights to correct, erase, restrict or object to such processing.
· Information about your right to withdraw consent at any time.
· How to lodge a complaint with the supervisory authority.
· Whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether you are obliged to provide the personal data and the possible consequences of failing to provide such data.
· The source of personal data if it wasn’t collected directly from you.
· Any details and information of automated decision making, such as profiling, and any meaningful information about the logic involved, as well as the significance and expected consequences of such processing.
What forms of ID will you need to provide in order to access this?
Langham Wills Ltd accepts the following forms of ID when information on your personal data is requested:
· Passport; Photo Driving Licence; Utility Bill (from the last three months); Notarised ID Document.
Contact details of the Data Protection Officer / GDPR Owner
Langham Wills Ltd
North Colchester Business Centre
340 The Crescent
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We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.