The Terms and Conditions of Use (“TACOU”) are the only basis upon which Portology Ltd. of 7 Bell Yard, London WC2A 2JR (Incorporated in England, Company Registration Number 3419968) VAT Registration No. 232631927 (“we/us”), will supply you with access to the tenminutewill.co.uk website (“the website”) to assist the legal person entering this Agreement whether an individual, a company or any other legal entity and including anyone reasonably appearing to us to be acting with your authority or permission (“You”) in creating your own legal documents (“Service”).
1.1. In clicking a ‘BUY’ or ‘PAY’ button on the ‘YOUR DOCUMENT PACKAGE’ page or on the ‘DOCUMENT SELECTION’ page you agree to be bound by all TACOU of the Service.
1.2. By purchasing any services from the website you are entering into a contract the terms of which are described in these TACOU. If you do not agree to these TACOU, or you are under the age of 18, then you must not use or make a purchase from the website.
1.3. You may not make any changes to or modification of these terms.
Services supplied through the website are subject to a number of conditions as described in this section. Your statutory rights are not affected.
2.1. Legal Documents
The website supplies functionality enabling you to produce a Legal Document with a degree of customisation. Information and documentation supplied is to guide in the creation of Legal Documents but does not constitute legal, financial or tax advice.
2.2. Service Limitations
The functionality and information supplied for your use in
generating your Legal Document is unable to cover all individual
circumstances. Should you be unsure on how such a Legal Document
might affect you, we recommend that you obtain legal advice from
a lawyer prior to signing the Legal Document. Any Legal Document
produced by this site and executed without first obtaining legal
advice or doing your own thorough legal research is done so entirely
at your own risk, and you accept full responsibility should it
prove to be unsuitable to your circumstances. Specialist legal advice
should always be sought in relation to any particular circumstances.
Legal Documents generated by the Service will contain English characters only. If
you require accented characters you will have to use the nearest English character and
then make the alteration yourself, using either a black pen or a PDF Editor. This exercise
(including any cost) will be your responsibility.
2.3. Legal Jurisdiction
The Legal Documents generated by the Service are designed to be suitable for the application of the laws of England and Wales. If you live or have assets outside England and Wales then you execute any document purchased using the Service entirely at your own risk. We will not normally process refunds for clients who have ignored or chosen not to read our comprehensive advice on this subject. All communication that we send to you will assume that you have read this notice.
2.4. Law Changes
Statutory changes and constant changes due to case-law and/or ‘reinterpretation’ of existing precedents, results in us not being able to guarantee that the Legal Documents or information will be up to date, complete or accurate.
3.1. The process permitting you to produce your Legal Document(s)
involves the use of an online ‘questionnaire’ which incorporates ‘Help’ Notes
both in the questionnaire itself and via an appropriately titled link in the questionnaire.
The reading and interpretation of the ‘Help’ Notes and the correct application of the advice therein
to your particular situation is your responsibility.
3.2. Should you encounter any problems using the Service then you can seek assistance by contacting us using the ‘Contact’ link on the website. When you use this facility, instructions are given for how to look out for and obtain our reply. Instructions for obtaining our reply are also on the ‘FAQ’ page of our website. We shall in no way be liable should you fail to read or correctly follow these instructions. Our reply should never be taken as containing any legal, financial or tax advice or opinions.
We represent and warrant to use our best efforts to:
This section of the TACOU applies only if you purchase or have purchased our Document Storage Service.
Our Document Storage Service is for the storage of Wills only.
5.1.1. If you purchase our Document Storage Service, and once you have set up a valid Direct Debit mandate to allow us to take annual payments:
5.1.2. We reserve the right to change the Storage Partner(s) we use to physically store your Will as and when we deem appropriate.
5.1.3. You agree that for each Will that you send to us for storage you will:
We will issue you with Instructions on how to perform the above tasks.
5.1.4. We will neither check nor will we accept any liability or obligation in respect of the legality of any document that you store with us.
5.1.5. For your protection, we and/or our Storage Partner(s) will only release the original Document Envelope:
5.1.6. When released, the Document Envelope will be sent by registered delivery within 10 working days, and may (in the case of retrieval upon the death of the Testator) include an Executor Help Package.
5.1.7. Your Data:
5.1.8. Annual Payments and Arrears
You agree to keep up all annual payments for the use of our Document Storage Service.
The first payment will be taken on the date that you order the service and further annual payments (‘The Annual Storage Cost’) will be due every 12 months (‘the due date(s)’).
The Annual Storage Cost will be published at the Website under ‘Document Storage’ (or a similar term) on the ‘Price List’ page (or a page of similar title) and for the avoidance of doubt whenever a payment is due it will due (and we shall attempt to take it) at the published Annual Storage Cost on the due date (‘the due amount’).
We reserve the right to amend the Annual Storage Cost without notice no more than once every 12 months.
If you have subscribed to the Direct Debit facility then you will normally be informed by email of the amount about to be debited from your account a few days before payment is taken, although as this will normally be carried our by a 3rd party we take no responsibility should it not occur.
For the avoidance of doubt, it is your responsibility to be aware of when your next annual payment is due and to check the current Annual Storage Cost at the Website and to ensure that your Direct Debit is active and that your account has the necessary funds.
For the further avoidance of doubt, it is not our responsibility to remind you to keep up to date with your payments.
If you fall behind in your payments and subsequently choose to settle and continue the service by setting up a new Direct Debit then we reserve the right to calculate your arrears amount as the number of payments that you are in arrears multiplied by the current annual price.
If you fall behind in your payments then we reserve the right to charge you interest for each due amount at an annual rate of the Bank of England ‘Current Bank Rate’ plus 8 percent calculated daily from the due date until the date that we receive payment in full of the due amount plus any interest applied or, if earlier, the date on which you inform us via the ‘Contact’ page at the Website that you wish to cancel your use of our Document Storage Service (‘the arrears’, ‘the settlement date’).
You accept that you will be liable for - and that we may chase you for - payment of all the arrears even after you have cancelled the Service.
We reserve the right to apply further interest to the arrears from the settlement date at an annual rate of the Bank of England ‘Current Bank Rate’ plus 8 percent if they remain unpaid for more than 60 days after you have informed us via the ‘Contact’ page at the Website that you wish to cancel your use of our Document Storage Service.
Our normal method of chasing for the arrears will be via automated email from the Website - to which you must respond via the link provided in the email and not by direct ‘email reply’ - and if we do not receive a response within 14 days then we reserve the right to write to you at any later date decided by us at the address that we hold for you in our database - firstly by normal First Class mail and (if we receive no response within a further 14 days) then by `Recorded` or `Signed For` Delivery and if the situation remains unresolved 28 days after that then we reserve the right to take legal action at any later date decided by us for recovery of all monies due.
If and when in our absolute discretion we decide to take all or any of the above actions in accordance with these TACOU then we reserve the right to add the following administration costs to the arrears:-
Applicable taxes such as VAT will be applied to the above costs.
You authorise us to destroy your Document Envelope and its contents if you fall more than 6 months behind in your payments and your Document Envelope is still in storage if we choose to do so and you accept that in so-doing we are cancelling the Service on your behalf and the date that we carry out the destruction exercise shall become the settlement date and that, for the avoidance of doubt, you will still remain liable for any arrears that have been incurred up to the settlement date plus any interest charges applied.
For the further avoidance of doubt, if we choose not to destroy your Document Envelope and its contents after you have fallen more than 6 months behind in your payments then any arrears will continue to accumulate as described above and you will continue to be liable for them.
Finally, the following shall apply regarding you setting up a Direct Debit to pay the Annual Storage Cost:-
5.1.9. Cancellation
Should you decide at any time to discontinue the use of our Document Storage Service, you must inform us via one of the methods described in the “Right to Cancel and Refunds” section of these TACOU.
If your Document Envelope is in storage when you decide to discontinue then it is your responsibility to retrieve it using the online facility provided - and pay the retrieval fee - before you submit your cancellation request. If you have more than one Document Envelope in storage under the same Document Storage Service contract then you must retrieve both Document Envelopes - and pay both of the retrieval fees - before you submit your cancellation request.
(Note that by law a Will is not considered revoked (i.e. cancelled) unless you are present when it is destroyed, so we cannot accept requests to destroy your Will(s) for you.)
If we receive your cancellation request within The Cancellation Period (see the “Right to Cancel and Refunds” section of these TACOU) then we will cancel the contract and refund the part of your payment made for the Document Storage Service.
If we receive your cancellation request after the expiry of The Cancellation Period (see the “Right to Cancel and Refunds” section of these TACOU) then no payments for our Document Storage Service already taken from or made by you will be refunded.
For the avoidance of doubt:
5.1.10. Conversion to Free Lifetime Secure Document Storage
If you pay the appropriate fee to convert your use of our Document Storage Service to Free Lifetime Secure Document Storage (“the conversion fee”), then no further payments will be due or taken and your Document Envelope will be stored free of any further charge for the rest of your life or until you retrieve it and inform us that you wish to discontinue the use of our Document Storage Service (see “Cancellation” above). The conversion fee will be non-refundable and the appropriate retrieval fee will still be payable on each occasion that you wish to retrieve your Document Envelope.
5.1.11. Loss of the Document Envelope in the post
If the Document Envelope is sent back to you (on request and payment of the retrieval fee) or your nominated
`Authorised Retriever(s)` (on request and payment of the retrieval fee) or your family or
Executors (on production of the original death certificate) then it will be sent by registered delivery.
It is extremely rare but even in with registered delivery packages can get lost in the post. Our liability
in the case of a Document Envelope being lost in the post will be the amount that we are able to claim back
in compensation from the Royal Mail (or whichever other postal carrier is used) and you acknowledge that
insuring against such loss is entirely your responsibility.
Alternatively you or your family or Executors or your nominated `Authorised Retriever(s)` may make direct contact with
our Storage Provider to arrange for a more secure delivery method but again you acknowledge that this is entirely your responsibility.
To be legal, a Lasting Power of Attorney must be produced on the official Government Form (‘the LPA form’). Our service consists of:-
Our service does not include the registration fee (£92 per LPA document at the time of publication of these TACOU) which you must pay to The Office of the Public Guardian (‘The OPG’) if and when you register the Completed Document.
The OPG are always changing the format and layout of the LPA form, with at least 3 versions to date. Their normal policy when they do this is to introduce a transitional provision that permits the use of the ‘old’ LPA form for a period of time - normally about 6 months.
The way that they normally do this is that they state that the ‘old’ LPA form will continue to be accepted provided that the document is executed (i.e. signed, witnessed and certified etc.) before a certain date (‘the Deadline Date’).
Whenever the OPG bring out a new version of the LPA form, will do the following:-
We will not email customers who have previously purchased an LPA from us when the OPG brings out a new version of the LPA form. If you purchase an LPA from us on a version of the LPA form which was current at the date of purchase but which later (i.e. after your date of purchase) becomes superseded by a newer version and you execute it after the Deadline Date then you are entirely liable for any consequences irrespective of whether or not we informed you about the new version of the form.
If you use the Service to insert a ‘Brussels IV’ clause into your Will(s) then it is your responsibility to evaluate the
repercussions of so-doing and to decide upon and carry out any further action(s) required and we will not be liable for any consequences of
you inserting the aforesaid ‘Brussels IV’ clause nor for your failure to properly evaluate and carry out the aforesaid further action(s).
Furthermore, we can make no guarantees as to whether or not overseas jurisdictions will actually properly apply the EU law.
If you use a Discount Code to pay either in part or in whole for a Product or Service from us then if additional Terms & Conditions apply to that Discount Code (“the DTACOU”) then by accepting the TACOU you are also accepting the DTACOU. A link to the DTACOU will be displayed once the Discount Code has been applied on the relevant ‘YOUR DOCUMENT PACKAGE’ or ‘DOCUMENT SELECTION’ or other relevant page.
Discount Codes which give a percentage discount shall apply to the basic documents (Will, LPA-PA and LPA-HW) only, and not to ‘add-on’ services e.g. document storage or printing.
If you have been given a Discount Code and you omit to enter and apply it at the time of placing your order then the Discount Code will not be applied and you will lose your entitlement to any discount and for the avoidance of doubt this means that we shall not apply a Discount Code for you retrospectively.
If you have one or more Discount Codes which, when used, result in you potentially earning a Reward then the following shall apply to each Discount Code:-
6.1. Neither we nor our suppliers or affiliates will be liable to you in contract, tort (including negligence) or otherwise for any indirect, consequential, special or incidental damage or loss arising from your use of or inability to use the website (including any of its contents) and/or any Legal Document, including (without limitation) loss of business or profits or anticipated savings, loss or corruption of data, loss caused by a virus, loss of or damage to property, claims of third parties, fines or penalties levied by any taxing or other authority or any other loss or damage. In particular, neither we nor our suppliers or affiliates will be liable for any Inheritance Tax liability incurred by your Estate as a result of the interpretation of your Will by the appropriate Tax authorities.
6.2. You acknowledge that you are in a better position than us to foresee and evaluate any potential damage or loss that you may suffer in connection with our site and that we, therefore, cannot adequately insure against such liabilities.
6.3. Notwithstanding the foregoing, our liability (including that of our affiliates and suppliers) to you in respect of losses or damages arising directly or indirectly from your use of or inability to use the website (including any of its contents) and/or any Legal Document, irrespective of whether such loss or damage is based on contract, tort (including negligence) or otherwise, shall be limited, in relation to any one incident or series of related incidents, to the lesser of (i) 125% of the amount paid by you for the Legal Document, or (ii) £1000.
6.4. Nothing in this Agreement limits our liability in relation to death or personal injury caused by our negligence.
7.1. You are granted a non-exclusive, not transferable licence by us to:
7.2. Purchase of the right to generate a legal document results in you being granted a non-exclusive, not transferable licence by us to:
Note that ‘generate’ is defined as the creation of only one legal document which is then your responsibility to sign and make legal.
7.3. The above grants of licence form part of the user agreement. As such each is inextricably linked to your compliance with all other aspects of the TACOU.
8.1. You acknowledge and agree that the website content including but not limited to (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout (6) design presented through and as part of the Service by us is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Specific examples of trademarks or trade names (and related logos) are ‘Portology Ltd.’ and ‘tenminutewill.co.uk’.
8.2. Such content received through the Service may be displayed, reformatted, and printed by you for your personal, non-commercial use only and at all times used solely in connection with the Service in accordance with the TACOU.
Only uses of the Service explicitly granted to you by the TACOU (or by us to you in writing) are allowed. All other uses are prohibited, including without limitation:
10.1. It is free for you to create a summary of a legal document using the Service. If you complete a payment, in line with the fees and payment procedure displayed on the website, you will be granted access to generate the relevant legal document. This access will be for a reasonable period to allow you to generate the legal document. All fees and payments quoted are exclusive of VAT, which will be itemised and added prior to you making payment.
10.2. Where we offer additional services or features (e.g. ‘Free re-checks’) and give specific instructions (e.g. the use of a specific URL) in order to ‘trigger’ our software to automatically qualify you for the additional service or feature then it is your responsibility to ensure that these procedures are fully and correctly followed. We will not be liable for any loss you may suffer should the procedures not be correctly followed and the relevant ‘trigger’ consequently not be ‘activated’.
10.3. Where we state that a checking fee must be paid if you wish us to re-check your documents after purchase and after any amendments made by you then that fee applies whether the said amendments are as a result of changes desired by you or as a result of corrections recommended by us.
10.4. For the avoidance of doubt all administration and other costs and fees quoted in the TACOU are quoted exclusive of VAT, which will be added when calculating the total cost or fee due
10.5. The prices that you pay when you complete your payment will be as published on the ‘Price List’ page of the website,
and will be presented to you immediately prior to your payment.
We reserve the right to amend our prices and associated pricing structure at any time. The new prices and associated pricing structure will take effect at the date & time
that they are published on the website. For the avoidance of doubt, we shall not send out emails to existing Customers when we make changes to our prices or pricing structure.
11.1. The instant that you click ‘Pay’ or ‘Make Payment’ (or similar) to make your payment for
a product or service from us you enter into a contract governed by these TACOU and regulated by the
Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
Under regulation 29(1) of the aforesaid regulations you have a right to cancel the contract provided that you notify us
within 14 days of the day following the date of order (“The Cancellation Period”).
HOWEVER if, after purchase, you click the option to generate/deliver your documents then under regulation 37(1) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you are giving your express consent to delivery of the digital element of your order (“The Digital Element”) within the Cancellation Period and acknowledging that you lose your right to cancel The Digital Element under regulation 29(1) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
Furthermore, if you order our additional Printing/Binding service then this is classified as “goods that are made to the consumer’s specifications or are clearly personalised” under regulation 28(1)(b) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and as such for this part of your order your right to cancel does not apply.
For the avoidance of doubt, this means that once you have, after payment, selected the option to generate/deliver your documents:-
All cancellation requests must be communicated to us either via the form on the “Contact” page of our website entering ‘Cancellation’ as the subject and quoting the order number or by completing and faxing or emailing a completed cancellation form to us. The email address and fax number are on the form.
Valid cancellation requests will result in a 100% refund, which will be paid within 14 days and wherever possible will be made to the payment method or card that you used to make your original payment.
Where you have no right to cancel, we will enforce our right to refuse any cancellation request that you submit to us other than as provided for in the sub-paragraph(s) below which relate to specific products and services supplied via the website and described in the Price List at the Website.
11.2. We will permit you to cancel your purchase of our ‘Print/Bind’ service provided that we receive your cancellation request more than 24 hours before the documents have been produced and posted to you. For the avoidance of doubt such a cancellation will result in the refund only of the amount that you have paid for the ‘Print/Bind’ service.
11.3. If the Cancellation Period has expired then we will still permit you to cancel your Document Storage Contract at any time subject to the procedures and provisions described in the ‘Cancellation’ sub-paragraphs of the ‘Document Storage’ Section of the TACOU. For the avoidance of doubt such a cancellation will result only in the cancellation of any future subscription payments. It will not result in a refund.
11.4 Attempting to bypass these TACOU - Once you have selected the option to generate/deliver your documents then
they will be delivered exactly as described. If you ask for a cancellation/refund and are not due one under these TACOU and are therefore refused,
and you subsequently file a claim with your payment provider stating that the goods/service was ‘not as described’ or ‘not delivered’ or
something similar then we shall consider such a claim to be both (a) clearly untrue and (b) a clear attempt to bypass these TACOU.
Defending such a claim will incur time, cost and effort on our part. If we successfully defend your claim then we shall pass the cost thereof on to you as follows:-
If we unsuccessfully defend your claim then the products and services that you have obtained from us will, in effect, not have been paid for. In that instance we shall add the cost of those products and services to the above invoice and proceed in the same manner.
In exceptional cases we shall also report you to the Police under Section 11 of the Fraud Act (2006) for attempting to obtain services dishonestly. The maximum sentence for a Section 11 offence is five years’ imprisonment.
11.5. The following additional terms will also apply regarding cancellation and refunds :
12.1. We are unable to guarantee that the website will be compatible with your browser or that your access will be uninterrupted. Specifically, you may find browsers on ‘tablet’ computers to be particularly unreliable. In all cases where you encounter a problem accessing the website and/or its services from your browser it is your responsibility to find an alternative computer and/or browser.
12.2. The website incorporates hyperlinks to other websites. We make no representations or endorsements and accept no responsibility for the content or use of any such external site accessed through ours. You acknowledge that we have no control over the content on external sites we may link to.
12.3. Our normal communication with you - including the comments of a professionally
qualified Willwriter on reviewing your legal document(s) - will be via email and via our online ‘Customer Response’ system.
It is your responsibility to ensure that your ‘spam’ filters do not block
emails from us and to act on any comments made - which will be given without liability.
For the avoidance of doubt, should you wish to contact us then this must be done via the ‘Contact’ page at the website.
We reserve the right to ignore all other forms of contact, whether or not they arrive at our offices.
12.4. It is your responsibility to enter your email address correctly when you use the Service and,
should your email address change, to amend it in our database by logging in and selecting the appropriate Admin function.
We will not be responsible for the failure of any communication from us to reach you as a result of you having incorrectly
entered your email address or failed to keep it up to date, and we will charge an administration fee of £38.99
(‘the email address change fee’) for any administrative tasks or corrections that have to be carried out by us as a result of your
failing to fulfil your aforesaid obligation to enter your email address correctly and keep it up to date in our database.
The email address change fee is paid by completing the form available
in the ‘I’ve changed my email address. What do I do?’ section of the ‘FAQ’ page of the website.
The email address change fee includes (but is not limited to) us verifying your original details and email address(es)
under which you hold data in our database and if as a result of such verification we are unable for any reason (including, but not limited to, your
data already being held under the ‘new’ email address you are requesting us to change your account to OR us being unable to find any account
in our database containing your data) then the overwhelming majority of the administrative work required will already have been
carried out and therefore the email address change fee will not be refunded.
12.5. Except where expressly stated, all corrections and amendments to legal documents are your responsibility and must be carried out by logging back into the Service, working through the appropriate questionnaire, and re-generating new versions of your legal documents (which must then of course be downloaded, printed, signed and witnessed).
12.6. If you make amendments to your legal document(s) after they have been checked by us, and then re-generate the documents whilst declining the opportunity to have one of our professionally qualified Willwriters check the amended legal document(s), then you do so entirely at your own risk and we shall not in any way be liable for any consequences.
12.7. All documents produced by the Service use, where appropriate, phrases and clauses with decades of legal precedence. The wording of these phrases and clauses is to be regarded as fixed. For the avoidance of doubt, the Service will not permit you to change them. For the further avoidance of doubt, we shall not customise them for you - although we will provide a full explanatory document on request.
12.8. Except where expressly stated, all documents will be delivered in non-editable PDF format. Should you wish to edit the wording of your document outside of the sections that can be edited in the online questionnaire provided by the Service (for example, but not limited to, the ‘fixed phrases and clauses’ mentioned above), you must convert the document into a format suitable for editing (e.g. MS-Word) yourself. You then take on full responsibility for the consequences of any changes to the original document that you make, and for the avoidance of doubt we will neither check nor pass any comment on the resulting document.
12.9. Should we need to contact you on any matter more pressing that our normal
communications (see 12.3 above) then we shall first
email you at the email address that we hold in our database for you and then in some cases also
write to you by Registered Post or Recorded Delivery (or equivalent) at the postal address that we hold in our database for you.
It is your responsibility to keep both of these addresses up to date in our database and to ensure that
you can receive and read (or have read to you) all communications sent to you by us via these routes.
In particular:-
(a) Any communication sent by email by us to you at the email address that we hold in our
database for you (i.e. the one entered by you either when you registered with us or when you placed your order)
will be deemed by us to have been delivered to and read by you and;
(b) Any communication sent by Recorded Delivery (or equivalent) by us to you at the postal address that we hold in our
database for you will be deemed by us to have been delivered to and read by you whether or not we receive a
confirmation or proof of delivery.
If you fail to act on any communication from us to you which we have deemed to have been delivered to and read by you
then we shall not in any way be liable for any consequences.
12.10. Except where expressly specified, the Service does not include the processing or the payment of costs and/or fees for execution, attestation, registration, probate application etc. You are responsible for all such processing of the legal documents and you are responsible for the payment of all such fees.
12.11. When you contact us via our online ‘Contact’ system, a conversation is initiated in our ‘Customer Response’ system
and you are given the ‘URL’ of your ‘Conversation’ (‘the Conversation URL’) immediately you submit your message.
When we respond an email (‘the response email’) will be sent to the email address you entered when you initiated the conversation, telling you that we
have responded and reminding you of the Conversation URL - i.e. where you can find our response.
We reserve the right to amend at any time the email address you entered when initiating the conversation if it has obviously been incorrectly entered
(e.g. ‘jsmith@gmil.com’) or for any other reason and in that case the response email may be sent to the amended email address.
As there are clearly numerous reasons why you may not receive the response email (e.g. you entered your email address
incorrectly, the response email arrives in your ‘Spam’ or ‘Junk’ mail folder and you fail to spot it, etc.)
it is your responsibility to record the Conversation URL and to monitor it for our response.
12.12. A ‘FAQ’ page at our website gives detailed instructions for how to use the Service including but not limited to how to receive responses to communications with us and how to download documents purchased from us if all else fails. It is your responsibility to locate and follow these instructions. We shall not be liable for any consequences of you not so doing.
12.13. Any offers such as (but not limited to) ‘free re-writes’ or ‘free checks’ made on the website or in any communication sent by us to you shall not be contractual otherwise as specifically detailed in these TACOU.
12.14. Where you use the website to make a Will or Wills it is your responsibility to determine the extent of your estate and it is your responsibility to determine and make available to your personal representatives proof of property ownership and to evaluate the nature and repercussions of any jointly-owned property.
12.15. Each document produced by the Service comes with detailed instructions for where (if anywhere) to send it to after execution (e.g. LPAs should be sent to the
Office of the Public Guardian for registration, Wills should be sent to the address of our Storage Centre if and only if you have ordered and paid for Secure Document Storage, etc.).
No document should ever be sent to our company office.
If you ignore these instructions and instead physically send (i.e. post, send by recorded delivery, etc.) any document to us at our company office then we shall give you 14 days to pay an
administration and handling fee of £50 whereupon we shall return the documents to you by recorded delivery.
If you fail to pay the £50 fee within the aforementioned 14 days then we reserve the right to destroy or otherwise dispose
of the documents and not be liable for any consequences of us so-doing.
12.16. As the delivery of documents purchased by you from the service and transmitted by us to you via email is subject to elements beyond our
control such as spam filters, you accept that any document purchased by you will be deemed to have been delivered if any of the following are true:
(a) The transmission of the email sent by us to you containing the document(s) has been recorded in our database or;
(b) A download link permitting successful download of the document(s) was provided after the processing of your payment and you clicking the ‘Generate Documents’ (or similarly-worded) button or;
(c) The procedure entitled ‘How do I get my documents’ (or similar) on the ‘FAQ’ (or similarly-worded)
page at the website allows access to a link or links permitting successful download of the document(s)
13.1. You are responsible for maintaining the confidentiality of your password and account. Furthermore, you are responsible for any and all Member accessible activities that occur under your account. You agree to notify us immediately on becoming aware of any unauthorised use of your password or account or any other breach of security.
13.2. You agree that Portology Ltd. and its authorised employees and agents can access your account, including its contents as stated above, to respond to support queries or technical issues or to fulfil the obligations under this Agreement. We reserve the right at all times to monitor, review, retain, and/or disclose in good faith any information if we believe that such action or disclosure is necessary to conform to legal and government requirements, or to protect and defend the rights or property of Portology Ltd. or enforce the TACOU.
13.3. Your personal details provided to us will not be sold or otherwise distributed to third parties.
13.4. To learn more about how the Service deals with privacy then please see our Privacy Policy available via the ‘Data Security & Privacy’ link on the website.
14.1. You agree that Portology Ltd., in its sole discretion, may terminate your password, account or use of the Service, and remove and discard any content within the Service, for any reason, including without limitation, if Portology Ltd. believes that you have violated or acted inconsistently with the letter or spirit of the TACOU.
14.2. It may be necessary to suspend access to the Service for the purposes of maintenance or other reasons. Notice may or may not be given of suspension. Should we discontinue the Service we will use all reasonable endeavours to give fair notice of termination of access to the Service. Either sufficient notice will be provided to allow completion of purchased legal documents or refunds associated with such documents will be paid. Further you agree that Portology Ltd. shall not be liable to you or any third party for any termination or suspension of access to the Service or modification of the Service.
14.3. You agree that Portology Ltd., in its sole discretion, may terminate your password, account or use of the Service, and remove and discard any information and content you have stored within the Service if you abuse any member of our staff either verbally or via email or via our online ‘Contact’ or ‘Customer Response’ system or by any other means or if you ‘spam’ (i.e. send repeated and repetitive messages to) our company either via email or via our online ‘Contact’ or ‘Customer Response’ system.
14.4. Should we cease to trade for any reason including the winding up of the company then these TACOU and all of our obligations contained therein shall immediately cease as will access to the website. Should such an event occur as a result of a decision taken by us then we shall inform you by email at least 60 days prior to the event using the email address for you held in our database at the time. It is your responsibility to ensure that you will receive and read the aforementioned email and it will also be your responsibility to take any action you deem necessary such as taking a copy of the details that you used to create your legal document(s) prior to our termination of access to the website.
You understand and agree that if any provision of these TACOU is judicially declared to be invalid, unenforceable or void, such declaration shall not have the effect of invalidating or voiding the remainder of these TACOU, and the part or parts of these TACOU so held to be invalid, unenforceable or void shall be deemed to have been deleted from these TACOU, and the remainder of these TACOU shall have the same force and effect as if such part or parts had never been included.
These TACOU shall be governed in all respects by English Law and both parties submit to the exclusive jurisdiction of the English Courts.
Portology Ltd. is a member of the Society of Willwriters and adheres to its Code of Practice. Any complaints regarding these TACOU should first be made using our published Complaints Procedure.
These TACOU, together with the Privacy Policy, constitute the entire agreement between you and Portology Ltd. in relation to your use of this website and its services, and supersedes any previous agreement, inducements or understanding between you and Portology Ltd.
We reserve the right to vary these TACOU from time to time. Such variations will take effect immediately upon the posting of the varied Terms and Conditions upon the website. In accepting these TACOU, you are deemed to accept such variations.