Terms and Conditions

These Terms and Conditions apply to all Services provided by Barry Halliday Legal Services, trading as Halliday Wills and Legal, of Oxford House, Cliftonville, Northampton, NN1 5BE (referred to as “we/us/our”).

These Terms and Conditions will form the basis of the Contract between you and us. Before entering into the Contract with us, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of them, please ask us for clarification.

  1. Definitions and Interpretation
    • In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
      • “Client/you/your” means the individual or business which is entering into the Contract with us;“Contract” means the contract formed in accordance with clause 2, which will incorporate and be subject to these Terms and Conditions;
      • “Document(s)” means any legal or other document prepared by us;
      • “Proposal” means our proposal to carry out the Services which, unless otherwise stated, remains open for acceptance for a period of 30 days and sets out the entire scope of Services to be provided;
      • “Services” means the Document preparation, advice and/or any other services to be carried out by us, as detailed in the Proposal.
        • Each reference in these Terms and Conditions to “writing” and “written” includes emails.
        • The headings used in these Terms and Conditions are for convenience only and will have no effect on their interpretation. Each reference to the singular number include the plural and vice versa.  References to persons include corporations.
    1. The Contract
      • Following our initial contact with you, in person or remotely, we will present a Proposal to you, detailing our fees. A legally binding Contract will be formed between you and us when you accept our Proposal, by instructing us verbally, electronically or otherwise.  The Contract will incorporate, and be subject to, these Terms and Conditions.
      • In certain situations, we may provide our Services in conjunction with another third-party legal services provider. In such cases, a separate contractual relationship will be formed between you and this third-party legal services provider, which will be subject to different terms and conditions.  We may recommend third parties to you, however, no such recommendations will be binding on you and the ultimate decision regarding their suitability for your needs rests with you.  You will be required to make payments directly to all such third parties and we cannot be held liable for their actions, lack of actions, competence or solvency.
      • No terms or conditions stipulated or referred to by you in any form whatsoever will in any way vary or add to these Terms and Conditions unless we agree otherwise in writing.
      • You are responsible for the accuracy of any information submitted to us and for ensuring that our Proposal and the Services to be provided reflect your Our Proposal is based on the information provided to us at the time we prepare it.  If any errors or discrepancies become evident, we reserve the right to adjust it.
    1. Our Obligations
      • We agree to:
        • use reasonable care and skill to perform the Services and ensure that you are kept informed of progress;
        • provide you with professional advice on matters related to the Services, in accordance with generally accepted industry standards and practices. In some cases, this may mean advice to draw up other Documents, or take other action, which may incur additional fees. In this event, we will provide you will full details of such charges in advance and you will be under no obligation to proceed with any additional Services offered, however, in some circumstances you may be asked to sign a declaration stating that you are acting against the advice given;
        • dispatch your Documents as soon as reasonably possible, after having received all necessary information in order to complete your Documents. Please notify us if you have not received the Documents within any agreed timeframe;
        • maintain the strictest confidentiality and not to pass on your details to any other organisation (except as set out in clause 2.2) without your express permission unless we are legally required to do so.
      • We offer a chargeable attestation service to supervise the signing and witnessing of your Documents, where necessary. We cannot take responsibility for ensuring the validity of your Documents where the attestation service has not been taken up. The signing of your Documents must be carried out according to the law of England and Wales in order for such Documents to be valid. However you will be supplied with full written instructions on how to complete this task.  
      • Please be aware that we can only accept instructions from you if you are over 18 years of age. We cannot provide the Services to you if you would like the Documents to be governed by the law of another country (unless we notify you otherwise) or religious laws, or you would like the Documents drafted in a language other than the English language.
    1. Your Obligations
      • You agree to:
        • disclose all relevant facts and answers to all the questions asked to allow us to provide accurate advice and to produce an effective legal Document. We accept no liability in respect of information which was not disclosed, and which we have not documented as a result, which becomes apparent at a later date as being of relevance and which may affect the validity or content of your Documents or advice given;
        • read through the Documents provided, to confirm that they correctly reflect your wishes;
        • arrange for a witness to be present on the date of the attestation, where applicable.
    1. Fees and Payment
      • All Services are payable in full at the time of entering into the Contract.
      • If we agree to invoice you in arrears, then all such invoices are payable in full on receipt.
      • All prices quoted include VAT, where applicable.
      • If we agree to attend a meeting in person, we require a minimum of 7 days’ notice to cancel or rearrange it. We reserve the right to charge for our time if you do not provide this notice.  We also reserve the right to charge for mileage and other travel expenses to attend meetings at your request. 
      • You also agree to pay for any additional Services provided by us at your request that are not specified in the Contract. These additional Services will be charged in accordance with our current applicable rate in effect at the time of performance, or such other rate as may be agreed.
      • The time for payment is of the essence of the Contract. If you fail to make any payment to us by the due date then, without prejudice to any other rights available to us, we will have the right to suspend the Services and charge you interest on a daily basis at the rate of 8% per annum above The Bank of England base rate from time to time, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.  Such interest will accrue after as well as before any judgment.  We will also charge for any costs we incur in attempting to recover any outstanding debt.
    1. Cancelling the Contract
      • If you are a consumer (as defined in the Consumer Rights Act 2015), you have a legal right to a “cooling off” period within which you can cancel the Contract for any reason. This period begins once the Contract between you and us is formed, as set out in clause 2.1 and it ends at the end of 14 calendar days after that date.
      • If you wish to exercise your right to cancel under clause 6.1, you must inform us of your decision in writing, within the cooling off period. Cancellation is effective from the date on which you send us your message. The cooling off period lasts for whole calendar days so if, for example, you send us an email or letter by 23:59 on the final day of the cooling off period, your cancellation will be valid and accepted. 
      • If you wish for us to provide any Services within the cooling off period, then you will need to make an express request to that effect. By doing so, you acknowledge and agree to the following:
        • if our Services are fully performed within the 14-calendar day cooling off period, you will lose your right to cancel after the Services are complete;
        • if you cancel after we have begun providing our Services, but they are not yet complete, you will still be required to pay for any Services we have provided up until the point at which you inform us that you wish to cancel;
        • any refunds due will be processed within 14 days, using the same payment method you used to pay us.
      • If you are not a consumer, or if you wish to cancel after the cooling off period has expired, then you will remain liable to pay for any Services we have provided up until the point at which you inform us that you wish to cancel.
    1. Intellectual Property Rights
      • Any Documents we provide will be in our standard format only.
      • We reserve all copyright and any other intellectual property rights which exist in, or in connection with, the provision of the Services. We reserve the right to take such actions as may be appropriate to restrain or prevent infringement of such intellectual property
      • We will retain ownership in all Documents until such time as we have received all payments due under the Contract in full.
    1. Liability and Indemnity
      • We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence (including that of our employees, agents or subcontractors). Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by you and us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.
      • Nothing in these Terms and Conditions seeks to exclude or limit our liability for death or personal injury caused by our negligence (including that of our employees, agents or subcontractors); or for fraud or fraudulent misrepresentation.
      • Except as set out in clause 8.2, in the event of a breach by us of our express obligations under the Contract, your remedies will be limited to damages, which in any event, will not exceed the total fees paid by you under the Contract.
      • We do not accept any liability or obligation to advise you of any changes in legislation or taxation which may affect you either directly or indirectly and may necessitate a review of your Documents. Any Documents should be reviewed annually and sooner in the event of any material change in your circumstances.
      • Under no circumstances will we be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
      • Nothing in these Terms and Conditions seeks to limit or exclude your rights as a consumer. For full details of your legal rights and guidance on exercising them, we recommend you contact your local Citizens’ Advice Bureau or Trading Standards Office.
    1. Events Outside of Our Control (Force Majeure): We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control.  Such causes include, but are not limited to: adverse weather, power failure, internet service provider failure, strikes, industrial action by third parties, fire, flood, storm, earthquake, subsidence, acts of terrorism or war, epidemic, pandemic or natural disaster, or any other event beyond our reasonable control.

     

    1. Data Protection
      • All personal information we may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 2018, the UK General Data Protection Regulation and any amendments to them.
      • Where you provide us with personal and financial information relating to others, for example, family members, dependants, joint asset holders, beneficiaries, executors, trustees or other professional advisors, you confirm that you have their consent or are otherwise entitled to provide this information to us and we can use it in accordance with the Contract.
      • When preparing certain Documents, your spouse/partner/civil partner and you will receive shared information, including sight of each other’s Documents. In agreeing to these Terms and Conditions, you are giving consent to such sharing of confidential information.
      • For further information, please refer to our privacy policy, which is available on request.
    1. Client Care
      • We are committed to providing you with a high quality service. An essential part of that service is that we will communicate effectively with you so that you are kept informed of progress.
      • We maintain a full complaints procedure to which any complaint should first of all be addressed. If the matter is unable to be resolved to your satisfaction, you may refer it, in writing, to the Complaints Department, The Society of Will Writers, Chancery House Whisby Way, Lincoln LN6 3LQ.
      • We comply with the Society of Will Writers’ Code of Practice, a copy of which is available upon request.
    1. Other Important Terms
      • We may transfer (assign) our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (if for example, if we sell our business). If this occurs, we will inform you in writing. Your rights under these Terms and Conditions will not be affected and our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
      • You may not transfer (assign) your obligations and rights under these Terms and Conditions (or the Contract) without our express written permission.
      • The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
      • Any part of these Terms and Conditions found to be unlawful, invalid or otherwise unenforceable would be severed from our Contract. This will not affect the validity and enforceability of the remaining parts of the Contract.
      • If the rights under these Terms and Conditions are not exercised or enforced following a breach of contract by either party, this does not mean that either of us has waived our right to do so at a later date.
    1. Governing Law and Jurisdiction: These Terms and Conditions and any Contract between you and us will be in accordance with the laws of England and Wales and any dispute will fall within the jurisdiction of the courts of England and Wales.