Terms & Conditions

  1. Our 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 order from 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

  1. Definitions and interpretation

2.1. “Document(s)” means the will document or any other document sold by us and which are ordered by you.

2.2. “Privacy Policy” means the privacy policy on our Website.

2.3 “Services” means the service provided by us to create, update, revise and check the Documents.

2.4. “Website” means www.clear-will.co.uk

2.5. “we”, “us”, “our” means CLEARWILL PLANNING LTD.

2.6. “you”, “your”, “yours” means the user ordering any Documents and/or Services from us.

2.7. “Writing” includes emails. When we use the words “writing” or “written” in these terms and conditions, this includes emails.

  1. Information about us and how to contact us

3.1. We are ClearWill, which is a trading name for CLEARWILL PLANNING LTD., a company registered in England and Wales under company registration number 13310792 . Our registered office is at Chandos House, 26 North Street, Brighton, England, BN1 1EB.

3.2. You can contact us by writing to us at support@clear-will.co.uk or by post at the address above. Any request, notification, communication or notice under these terms and conditions may be made by CLEARWILL PLANNING LTD or on behalf of CLEARWILL PLANNING LTD via any email address of the domain clear-will.co.uk (namely, ‘name or function @clear-will.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 CLEARWILL PLANNING LTD.

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.

  1. Documents and Services ordered from us

4.1 Ordering

4.1.1 Please check that the Documents and/or Services we offer are suitable for your use before you order from us.

4.1.2. To order Documents and/or Services you will need to submit your details via our website and arrange a telephone consultation with us. By submitting your details, you agree to be bound by these terms and conditions and our Privacy Policy.

4.1.3. You must be 18 years or over in order to register and to order Documents and/or Services from us.

4.1.4. You confirm that any details you submit to us are accurate and complete at the time of the consultation and are not false or misleading or misrepresent your identity. Where requested, you must provide us with valid and complete contact details including a valid email address and a valid residential address if you have not already done so.

4.2. Our contract with you

4.2.1. By ordering the Documents and/or Services, you make an offer to buy the Documents and Services for the price given by us. There is no binding contract between you and us when the order is made.

4.2.2. Our acceptance of your order for Documents and/or Services will take place at the time when we contact you to take payment for the Documents and/or services, at which point a contract will come into existence between you and us. This Confirmation of Acceptance is our acceptance of your order. When the Confirmation of Acceptance is received there will be a binding contract between you and us in accordance with these terms and conditions. The binding contract will only be for the Documents and Services that are included in the Confirmation of Acceptance.

4.3 Our products

4.3.1. Documents purchased from us are intended for your use only and you warrant that any Documents 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 to any third party.

4.4 Your rights to make changes

4.4.1. Due to the individual nature of the Documents, you are not entitled to cancel your order or to return the Documents unless either (i) the file cannot be opened or is corrupted when you try to open  the Document when emailed to you; or (ii) 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. In the event that you order a printed version of the Document which 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 cannot be opened or are corrupted.

4.5. Our rights to make changes

4.5.1. We may change the Documents and/or Website:

4.5.1.1. to reflect changes in relevant laws and regulatory requirements; and

4.5.1.2. to implement minor technical adjustments and improvements.

4.5.2. We may cancel or suspend your access to Documents 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. Where we do so decline we will return any payment in full when we notify you of our decision.

4.6. Providing the documents to you

4.6.1. We will despatch Documents to you within 20 working days of accepting your order and receiving all the relevant information from you to prepare the Documents. Where you have elected for a printed 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 will be as displayed to you on the Website. Documents will be sent to the address nominated by you at the time of ordering (on the order form) and cannot be altered.

4.6.3. Once purchased, we will supply the Services to you until you cancel the Services as described in clause 4.4. or we cancel the Services as described in clause 4.5. Please note use of the Services to update your Documents is limited to changes within the product you have purchased from us and can not be used to upgrade the product to a different one.

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:

4.6.5.1. deal with technical problems or make minor technical changes; or

4.6.5.2. make updates to reflect changes in relevant laws and/or regulatory requirements.

4.7. Price and payment

4.7.1. The price (inclusive of VAT) of the Documents will be the price communicated to you when you place your order.

4.7.2. The total price for Documents ordered, including any relevant delivery charges, will be communicated to you when you place your order. Full payment must be made before a Document can be sent to you by email or 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 (to be indicated on the order pages when you placed your order and inclusive of VAT) per year for the continued ability to use the Services.

4.7.4. In the event that you decide not to sign a Document the price of the Document will not be refunded.

  1. Your data

5.1. Where we have requested data from you to provide Services, you agree to provide us with accurate and complete information.

5.2. You authorise us to use, store or otherwise process your personal information (in accordance with our Privacy Policy) in order to provide the Documents to you and for marketing and credit control purposes. Please read our Privacy Policy for more information on how we store and process your personal information.

5.3. 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.

5.4. We take 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.

5.5. 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.

  1. How we may use your personal information

6.1. We will use the personal information you provide to us:

6.1.1. to supply the products to you;

6.1.2. to process your payment for the Documents/services; and

6.1.3. if you agreed to this during the order process, to give you information about similar products that we or third parties may provide, but you may stop receiving this at any time by contacting us.

6.3. Please see our Privacy Policy for further information about how we may use your personal information.

  1. Intellectual property rights

7.1 All Content included on the Website, unless uploaded by Users, is the property of CLEARWILL PLANNING LTD. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission.

7.2 You may, for your own personal, non-commercial use only, do the following:

Retrieve, display and view the Content on a computer screen. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of CLEARWILL PLANNING LTD.

  1. Our website

8.1. 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.

8.2. We use our best endeavors 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.

8.3. 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.

  1. Disclaimer and limitation of liability

9.1. CLEARWILL PLANNING LTD is not a law firm and we are not regulated by the Solicitors Regulation Authority. Your use of our Documents does not create or constitute a lawyer-client relationship between CLEARWILL PLANNING LTD or any employee of or other person associated with CLEARWILL PLANNING LTD and you. It is for you to satisfy yourself that the nature of the 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 you purchased from us are not legally correct for your situation.

9.2. When preparing Documents we have no responsibility and will accept no liability for verifying:

9.2.1. who you are;

9.2.2. your capacity to validly make a will;

9.2.3. if any third party was exercising undue influence over you in signing your Documents;

9.2.4. that you understand the contents and nature of the Documents;

9.2.5. if there are any other potential beneficiaries who may have a valid claim over your estate;

9.3. We provide you explaining the execution of your Document in accordance with the laws of England and Wales. It is up to you to follow the guide to make sure that the Document is correctly 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.

9.4. 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.

9.5. 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.

9.6. 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.

9.7. 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.

9.8. We disclaim any and all liability to you for the supply of the Documents and our 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.

9.9. In no event shall we be liable to you for any loss of profits, loss of data or any indirect, special, or consequential loss.

9.10. 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.

9.11. 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.

  1. Customer care

10.1. It is our ethos to provide the best Documents based on the information you provide and to look to improve our offerings to you.

10.2. 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 support@clear-will.co.uk

  1. Other terms

11.2. We may alter or vary these terms and conditions and/or our Privacy Policy at any time.

11.3. These terms and conditions together with our Privacy Policy, any order form and payment instructions constitute the entire agreement between you and us for Documents and Services. No other terms whether expressed or implied shall form part of these terms and conditions. In the event of any conflict between these terms and conditions and any other term or provision on the Website, these terms and conditions shall prevail.

11.4. 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.

11.5. 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.

11.6. 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.

11.7. These terms and conditions and our Privacy Policy shall be governed by and construed in accordance with the laws of England and Wales. The parties hereto submit to the exclusive jurisdiction of the courts of England and Wales.