My Will

Terms of Business

The wording below sets out the terms and conditions on which Burton & Dyson, Solicitors, of 22 Market Place, Gainsborough, Lincolnshire, DN21 1BZ (‘us’, ‘we’ or ‘our’ in these terms and conditions) provide certain on-line document creation services to private clients (‘Services’). Our Services are intended for use by consumers, who are based in England and Wales. ‘You’ or ‘your’ shall mean the person who enters into a contract for the provision of Services, subject to these terms and conditions (‘Agreement’).

  • 1. The provision of the Services
    • 1.1 As this is a wholly on-line service you will:
      • 1.1.1 need to comply with the requirements as to what information we require you to provide to us (‘Information’); and
      • 1.1.3 submit the Information in the specified way in order to enable us to produce the document requested (‘Document’)
    • 1.2 We will provide the Document subject to:
      • 1.2.1 you having made payment for the Document in the amount set out in our tariff of charges;
      • 1.2.2 the Information you have provided complying with the requirements of clause 1.1;
      • 1.2.3 the Document only being provided by electronic mail to the e-mail address you supplied when you placed your order for Services;
      • 1.2.4 the limitations set out in clause 1.4 below (as well as the limitations and exclusions set out elsewhere in this Agreement).
    • 1.3 Our aim is, subject to you complying with the other provisions of this clause 1, to provide you with the Document within one working day after the receipt of your Information and your payment. Please note that this is an estimate and in practice we would expect you to receive it much sooner.
    • 1.4 The Services are subject to certain limitation and we may decide at our sole discretion we may decide that:
      • 1.4.1 the Information provided is unsuitable, or
      • 1.4.2 the Information is insufficient, too complex, not detailed enough or otherwise deficient, or
      • 1.4.3 for some other good and valid reason we are unable to provide the Document
    • 1.5 You acknowledge and agree that in purchasing the Services:
      • 1.5.1 you may not receive the Document (for the reasons set out in clause 1.4 above);
      • 1.5.2 the Document will be prepared and based solely on the Information you have provided electronically (regardless of whether you may have instructed us previously either in relation to a similar or different matter);
        • 1.5.3 the Services are not suitable for, or to be used, in situations where:
        • 1.5.3.1 your Estate (or that of your partner) may be taxable;
        • 1.5.3.2 your circumstances do not fit any of the models on which the Document will be based; or
        • 1.5.3.3 specific advice should reasonably be sought before attempting to use the Services.
    • 1.6 If we decide not to provide the Document then we will refund the payment you have made for the Services.
  • 2 Placing your order and acceptance
    • 2.1 When you place your order for our Services it is an offer by you to enter into a legal contract with us.
    • 2.2 You and we will only enter into a binding contract when you receive notification from us that your payment has been received which will constitute our acceptance of your order for Services. A binding contract will exist from the date and time specified in the notification.
  • 3 Payment
    • 3.1 The price for the Services is located on the tariff of charges page of our website as well as on the page(s) for each individual aspect of the Services. The price you will pay will be that stated at the time you place your order.
    • 3.2 Your order for one or more Services can only be made through the appropriate page on our website. We do not accept orders made by any other means.
    • 3.3 The Services we provide must be paid for in advance, and can only be made with the use of a credit or debit card.
    • 3.4 Where we have accepted an order from you and have received payment, if the payment is subsequently refused or rejected then we reserve the right to refuse to perform any further or unfulfilled part of the Services you have ordered.
    • 3.5 All prices stated are inclusive of VAT which is charged at the rate in force at the time you place your order.
  • 4 Information on our website
    • Data and material (‘Web Information’) which is to be found on our website to which you have access is subject to the following limitations:
    • 4.1 the Web Information is provided only for you to obtain a general understanding of the topics and issues to which it relates;
    • 4.2 the Web Information is not to be relied upon by or utilised by you to help you or advise or assist you with any problem or issue you are having. Moreover the Web Information must not form the basis on which you decide to take no action or not to do something;
    • 4.3 the Web Information may not be up-to-date or provide all the relevant material or data concerning the topic or issues it addresses;
    • 4.4 the Web Information may not be copied by you or provided to any other person by you, except that you may print to a printer or download one copy of the Web Information to store on your own personal computer for subsequent reading by you. However, you may show the Web Information you have copied, downloaded or printed to a person or organisation who is providing you with advice and assistance;
    • 4.5 you will only search or otherwise access or view the Web Information through a standard internet browser (such as Firefox, Internet Explorer, Safari or Opera). In particular, you will not use any software or device to copy, transfer or download complete or partial parts of the Web Information or our website (text, code, software, graphics etc) to enable you or another person to run our website.
  • 5 Other provisions
    • The terms and conditions of use of our website, our data protection policy and copyright notices (‘Other Provisions’) shall be incorporated into these terms and conditions and shall be equally binding on you when you enter into a contract with us.
  • 6 Termination
    • 6.1 We may terminate this Agreement where you are:
      • 6.1.1 in substantial breach of the provisions of this Agreement;
      • 6.1.2 in breach of the Other Provisions.
    • 6.2 We may also terminate this Agreement where we decide to withdraw this website (whether on a temporary or permanent basis) or decide no longer to permit access to the website by you (by use of passwords or changes of passwords or by any other means). In such cases, where you have paid for any Services and have not received all of the Services you have paid for, we may either:
      • 6.2.1 return any amounts you have paid; or
      • 6.2.2 complete performing the Services which remain unperformed.
  • 7 Exclusion of liability
    • 7.1 Except in the case of death or personal injury caused by our negligence, our liability under or in connection with this Agreement, whether arising in contract, tort, negligence, breach of statutory duty or otherwise shall not exceed the sum of either the amount you have paid for the Services or £1,000.00 whichever is the higher.
    • 7.2 We shall not be liable to you in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by you or your beneficiaries:
      • 7.2.1 of an indirect or consequential nature nor
      • 7.2.2 for any economic loss or other loss including:
        • 7.2.2.1 any loss of any tax relief which may otherwise have been available to you; or
        • 7.2.2.2 arising out of any additional liability to tax which by appropriate measures could properly have been avoided
      • 7.2.3 for any failure to sign and complete the Document in accordance with the instructions provided
    • 7.3 Nothing in this Agreement excludes liability for our fraud.
    • 7.4 Without prejudice to the generality of the foregoing provisions of this clause 7, and by way of illustration only, we shall not be liable for the followings losses or liability you may suffer or face caused by your reliance or use of the Services (or by not relying on or not using our Services, or by your using or relying them in a reasonable way):
      • 7.4.1 your missing a deadline or
      • 7.4.2 you (or someone on your behalf) suffering loss by reason of inaccuracy or incompleteness of any information or data provided to you;
      • 7.4.3 you suffering the loss of a tax planning opportunity or being unable to undertake any tax mitigation scheme;
      • 7.4.4 a third party making a claim against you; or
      • 7.4.5 a government or regulatory authority imposing a fine, penalty or obligation on you.
  • 8 Right to cancel
    • The Consumer Protection (Distance Selling) Regulations 2000 permits consumers to cancel a contract after it is has been entered into subject to certain limitations and requirements. As creation of the Document(s) will be commenced immediately upon our receipt of your payment you will not be able to cancel the Agreement once payment has been made.
  • 9 General
    • 9.1 Contacting each other
      • If you wish to send us any notice or letter then it needs to be sent to us at the address specified above and should be marked for the attention of the Accounts Manager. If we wish to send you a letter or notice we will use the address you have given for use in the Document.
    • 9.2 Reliance on these terms and conditions
      • We intend to rely on these terms and conditions as being the terms and conditions of the contract between you and us. Any changes to the terms and conditions that you wish to make should be put in writing but any changes will require our agreement.
    • 9.3 Law and jurisdiction
      • The validity, construction and performance of this Agreement shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts to which you and we submit.
    • 9.4 Third parties
      • For the purposes of the Contracts (Rights of Third Parties) Act 1999 this Agreement is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
Our legal services are provided by solicitors of England & Wales
Authorised and regulated by the Solicitors Regulation Authority (SRA No. 00044534)
For details of the Solicitors Code of Conduct please visit www.sra.org.uk/solicitors/code-of-conduct.page


Solicitors in Gainsborough | Solicitors in Lincolnshire | Solicitors in Lincoln