Terms and Conditions of Business & Privacy Policy

We are NOT probate lawyers but we use our experience of the market to suggest suitable professionals to help you. Please do give us a call on https://www.theprobatedepartment.co.uk/contact-us-for-probate-help or use the enquiry form. We earn our living by having a share of the marketing budget of some of the firms we introduce to. It should be noted that Allied Law Ltd is an associated business, though operated separately.We do not offer advice, but try to help with general GUIDANCE which should not be confused with professional advice.Terms of business new enquiries.The rest of this section is the privacy policyWEBSITE VISITORSLike most website operators, we collect non-personally-identifying information of the sort that web browsers and servers typically make available.   Such as the browser type, language preference, referring site, and the date and time of each visitor request. Our purpose in collecting non-personally identifying information is to better understand how visitors to use the website.We also collect potentially personally-identifying information like Internet Protocol (IP) addresses. We do not use such information to identify visitors.  We do not disclose such information, other than under the same circumstances that we use and disclose personally-identifying information, as described below.GATHERING OF PERSONALLY-IDENTIFYING INFORMATIONCertain visitors to our websites choose to interact with us in ways that require us to gather personally-identifying information. The amount and type of information that we gather depends on the nature of the interaction. For example, we ask visitors who use our enquiry forms to provide their contact details which we will use to follow up on enquiries.  Also to keep visitors informed unless they later opt out. In each case, we collect such information only insofar as is necessary or appropriate to fulfil the purpose of the visitor’s interaction with our site.  We do not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website or other related activities.AGGREGATED STATISTICSWe collect statistics about the behaviour of visitors to our websites. For instance, we may reveal how many downloads a particular information sheet had. However, we do not disclose personally-identifying information other than as described below.PROTECTION OF CERTAIN PERSONALLY-IDENTIFYING INFORMATION.We disclose potentially personally-identifying identifying information only to those of our employees, contractors, and affiliated organisations that

• need to know that information in order to process it on your behalf.  Or to provide services available at our websites, and
• that have agreed not to disclose it to others.
• Some of those employees, contractors and affiliated organizations may be located outside of your home country. By using our websites, you consent to the transfer of such information to them. We will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors, and affiliated organizations, as described above, we disclose potentially personally-identifying and personally-identifying information only when required to do so by law. Or when we believe in good faith that disclosure is reasonably necessary to protect the property or rights of our, third parties, or the public at large. If you enquire via our website and have supplied your email address, we may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with our products. We primarily use our site to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish anonymously it in order to help us clarify or respond to your request or to help us support other users. We take all measures reasonably necessary to protect against the unauthorised access, use, alteration, or destruction of potentially personally-identifying and personally-identifying information.

COOKIES.A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. We use cookies to help identify and track Visitors, their usage of the website, and their website access preferences. Visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using our websites, with the drawback that certain features of our websites may not function properly without the aid of cookies.PRIVACY POLICY CHANGESAlthough most changes are likely to be minor, we may change its Privacy Policy from time to time, and in our sole discretion. We encourage Visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.We are at 5 Malcolm Gardens Polegate BN26 6PN registered in England number 07682081.

	1. Allied Professional Will Writers Ltd Terms of Business / Retainer
	2. Inclusion of a Trustee Exemption Clause Within Testamentary / Trust Documents
	3.  Cooling Off / Cancellation Notice

By returning our Gatherer or otherwise proceeding you will have accepted these terms and conditions  1) The Trusts we may create for you within your Will or other Trust Document contains standard administrative clauses which enable the trustees or executors to invest and manage the Trust Fund in the best interests of the beneficiaries. These powers include a provision which exonerates them from the consequences of their actions and is worded as follows or similarly: No trustee shall be liable for any loss to the Trust Fund however arising except as a result of the fraud or dishonesty of the trustee or, in the case of a professional trustee entitled to charge for his services as a trustee, for the negligence of such trusteeThis provision does not exclude the statutory duty of care owed by a trustee but it will have the effect of limiting the liability of the trustees or executors for the consequences of a breach of this duty in cases other than where there is fraud or dishonesty, or negligence in the case of a professional trustee.We are required to draw this clause to your attention2) The following standard terms of business apply to all instructions accepted by the Company.All work carried out in the provision of Will Writing Services is subject to these terms except where changes are expressly agreed in writing. These terms of business form the basis of the contract between the Company and the Client.

1. Definitions and Interpretation

1.1          In these Terms and Conditions the following terms shall have the following meanings:“Calendar Day” means any day of the year;“Cancellation Form”        means the form attached to these Terms and Conditions as Schedule 1;“Cancellation Notice”     means the notice attached to these Terms and Conditions as Schedule 1 or such otherwritten document containing the same information, produced by the Customer;“Contract”                   means the contract for the purchase and sale of the Services under these Terms andConditions;“Customer”                means the individual purchasing the Services from the Seller who shall be identified in theOrder;“Order”                       means the customer’s completed order for the purchase and provision of Services;“Payment Information” means all information required to take the required payments from theCustomer and includes, but is not limited to, credit/debit card details and residential address details;“Sales Literature”   means any and all brochures, catalogues, leaflets, price lists and other documentsproviding details of Services available and pricing information for those services;“Seller” ;                   means Allied Professional Will Writers Ltd and“Services”                means the services which the Seller is to provide in accordance with these Terms and Conditions, any specific terms which apply only to those services, and as specified in the Order.1.2          Unless the context otherwise requires, each reference in these Terms and Conditions to:1.2.1      “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;1.2.2      a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;1.2.3      “these Terms and Conditions” is a reference to these Terms and Conditions and the Schedule as amended or supplemented at the relevant time;1.2.4      a Schedule is a schedule to these Terms and Conditions; and1.2.5      a Clause, Section or paragraph is a reference to a Section of these Terms and Conditions (other than the Schedules) or a paragraph of the relevant Schedule.1.3          The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.1.4          Words imparting the singular number shall include the plural and vice versa.1.5          References to any gender shall include the other gender.

2. Procedures

2.1          On the initial appointment your detailed instructions will be taken and appropriate advice given on matters relating Will Writing Services. Any queries or questions will be answered and a full explanation given on the contents and terminology used in the drafting of your Documents.

3. The Company undertakes to:

3.1          Comply with your instructions with reasonable skill, care and expedition appropriate to your needs.3.2          Provide you with the best advice on matters relating to the Will Writing Services. In some cases this may mean advice to draw up other documents, or take other action, which may incur further fees. In such cases full details of such charges will be given to you in advance and you are under no obligation to proceed with any ancillary services offered. However, in some circumstances you may be asked to sign a declaration stating that you are acting against the advice given.3.3          Comply with the Client`s instructions using all due skill, care and expedition appropriate to the need of the client. Regarding the dispatch of documents Company must adhere to the following timescales unless otherwise agreed in writing with the client at the time that the client’s instructions are received. The following timescales take effect immediately upon the Client providing all the information required to complete the agreed instructions.3.3.1      Dispatch of Draft documents – 7 working days after instructions have been taken and client has waived the cancellation rights.3.3.2      Dispatch of executable documents AFTER drafts are approved – 7 working days3.3.3      Dispatch of executable documents if drafts are NOT supplied – 10 working days after instructions have been taken and client has waived the cancellation rights.3.4          However where circumstances occur, including those which are beyond the Company’s control, which result in the documents being delivered outside the above stated timescales, the client must be informed and upon their request must be provided with a full written explanation for the cause of the delays AND the opportunity to renegotiate or cancel the contract, with a full refund being provided should it be requested by the client.3.5          Maintain the strictest confidentiality and not to pass on your details to any other organisation without your express written permission unless legally required to do so and shall comply with all legislation in force relating to data protection.For more information on how we hold your data please view our privacy notice (add link/hyperlink) which will be provided to you in addition to these terms of business.3.6          Offer a free attestation service that supervises the signing and witnessing of your Documents at our offices. The Company will not take responsibility for ensuring the validity of your Documents where the attestation service has not been taken up and the execution supervised by an agent of the Company. The signing of your Documents must be carried out according to the law of England and Wales in order for your Documents to be valid. All Documents will be supplied to you with full written instructions of how these should be completed and the Company will check the documents for free after they have been signed to ensure validity. It is your responsibility to send the documents to our Company after you have signed them if you would like them checked.3.7          Refund any money paid in respect of the preparation of your Will(s) should you change your mind within 14 days from the date of taking your instructions UNLESS YOU HAVE AGREED TO FORGO THE WAITING PERIOD when you would just be charged for work done. If not, after the expiration of this period the Company reserves the right to charge you for the advice given and for any work already carried out on your behalf and in accordance with your signed instructions. An itemised bill will be produced for any charge falling due under this term.3.8          Where the Company offers a Will storage service, the Company does 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 Will should be reviewed every three years and on the occasion of any material change in your circumstances, such as divorce, marriage, the birth of children or the inheritance of a large sum of money etc.3.9          Where the company cannot legally or practically follow the instructions given by the client, the company must explain any differences between the client’s instructions or expectations and the documents to be provided.

4. Notice of the Right to Cancel

4.1          The Customer has the right to cancel the Contract within the Cancellation Period as determined by The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.4.2          The Seller is Allied Professional Will Writers Ltd4.3          For the purposes of this Cancellation Notice, the Reference Number to be quoted in all communications is: As detailed on the Customers invoice/receipt.4.4          The Customer has the right to cancel the Contract within 14 Calendar Days of receipt of this notice (the “Cancellation Period”) unless they have agreed to proceed immediately.4.5          The Customer may be required to pay for Services provided if provision of the Services has commenced with the Customer’s written agreement prior to the end of the Cancellation Period.4.6          In the event that the Customer chooses to exercise their right to cancel within the Cancellation Period, the Cancellation Form attached to these Terms and Conditions as Schedule 1 should be completed in full and returned to the Seller at the address provided in sub-Clause 4.7.1 below.4.7          Cancellation Notices must be sent to the Seller at the following addresses:4.7.1      A Cancellation Notice sent by post or delivered by hand must be sent to:                  APWW, 9 Broad Road Polegate BN26 6PN; and4.7.2      A Cancellation Notice sent by email must be sent to: info@APWW.co.uk

4.8          Cancellation Notices shall be deemed served upon the Seller:4.8.1      In the case of a Cancellation Notice sent by post, at the time of posting; and4.8.2      In the case of a Cancellation Notice sent electronically, on the day it is sent.4.9          Use of the Cancellation Form is optional; however all Cancellation Notices, in whatever format, must be in writing and must contain all information included in Schedule 1.

5. Refunds

5.1          If the Customer chooses to exercise the Right to Cancel in accordance with Clause 4 above, the provisions of this Clause 5 shall apply in determining any refund to which the Customer may be entitled.5.2          The Customer must inform the Seller of their exercise of the Right to Cancel within the period required by Clause 4.5.3          If the provision of Services has commenced, at the Customer’s written request, prior to the giving of notice by the Customer and the end of the Cancellation Period, the Seller shall remain entitled to any monies constituting the value of such Services.5.3.1      Where the Customer has already made payment to the Seller, any refund issued shall be less the relevant sum determined under sub-Clause 5.3.5.3.2      Where the Customer is yet to make payment to the Seller, the sum due from the Customer shall be adjusted accordingly.5.3.3      The Seller will inform the Customer in writing of the relevant calculations involved in determining sums deductable or payable under this Clause 5.5.4          If the provision of Services has commenced prior to the giving of notice by the Customer and the end of the Cancellation Period without the Customer’s written request, the Seller shall not be entitled to any monies constituting the value of such Services.5.5          If the Customer requires their Documents urgently and require that the Company commence work prior to the expiration of the cancellation period the Customer can agree to waive their rights under the Regulations by signing a waiver agreement. This will mean that they will be required to pay for any work completed should they decide to reinstate their right to cancel within the 14 days. This should be provided in writing.

6. Liability

6.1          If the Seller fails to perform the Services with care and skill it shall carry out remedial action at no extra cost to the Customer.6.2          The Seller shall not be liable to the Customer or be deemed to be in breach of these Terms and Conditions by reason of any delay in performing, or any failure to perform, any of the Seller’s obligations if the delay or failure was due to any cause beyond the Seller’s reasonable control or where the Customer has failed to meet their obligations under Clause 8 below.

7. The Customers Obligations are:

7.1          To disclose all relevant facts and answers to all the questions asked to allow the Company to provide accurate advice and to produce an effective legal Document. The Company shall not accept liability in respect of information which was not disclosed, or incorrectly disclosed and therefore not documented by the person taking your instructions, and which comes to light at a later date as being of relevance and which may effect the validity or content of your Documents or advice given.7.2          To read through the draft Documents provided, to confirm that they correctly reflect your wishes as to the distribution of your estate and that the names and addresses of the persons mentioned in your Documents are correct, adding any missing data not supplied at the time of taking your instructions.7.3          To return the Documents together with any amendments to the Company as soon as possible. If you fail to return the Documents to the Company, the Company shall accept no liability for the draft Documents. The Company shall not be responsible for any delay due to your failure to comply with the above.7.4          To notify the Company if you do not receive your draft Documents within two weeks of the first appointment, unless otherwise agreed.7.5          To pay the fee due for the provision of Will Writing Services in full and in accordance with the terms of our invoice.7.6          If you are having the attestation service, you should arrange for the witnesses to be present at the time of the execution of your Will.

8. Client Care

8.1          The Company is committed to providing the Customer with a high quality service. An essential part of that service is that the Company will communicate effectively with the Customer so that they are kept informed of progress.8.2          The Company maintains a full complaints procedure to which any complaint should first of all be addressed. Please read the above terms carefully and ensure you understand them before instructing us.

Our Privacy Principles and What They Mean.

Underneath, what data do we collect and how do we use it.

• Be transparent with the information we collect.
• We want our users to understand what information we collect and the value they receive in return.
• We aim to explain to our users the information that we collect from them and what we plan on doing with it. Where we use techniques that gather information without your direct input, we will let our customers and users know and provide them options to limit this collection.
• Allow users to easily access and update their own data.
• Having accurate information about our users helps create a smooth customer experience.
• We will provide mechanisms where we can to give our users access to information related to their account and other interactions with us. We want our customers and users to be able to easily correct that information if it is wrong or out of date.
• Be a guardian for user data and user privacy
• Users trust us with their personal information and expect us to protect and use it appropriately.
• We operate information privacy and information security programs that incorporate leading practices to manage personal data from collection through to destruction.
• Be accountable to our privacy commitments.
• We take our commitment to privacy seriously and hold ourselves to a high standard.
• Our program takes into account legal requirements and our commitments to our customers to deliver a trusted experience when interacting with us.
• Give users meaningful choices in privacy.
• We know that control over personal information is important.
• We give our users real and realistic choices about what information they share with us and how it is used, and provide visibility into those choices and how they can be updated.
• Limit the sharing of customer information.
• We limit the sharing of customer information and provide our users with visibility into circumstances where we could share with other firms, and choices about the extent that information is shared.
• Build and maintain safe and appropriate services.
• We work hard to provide buyers a safe and trustworthy place to get the help they require and we encourage feedback.
• We have implemented a number of programs to protect everyone who uses our websites. Where anything goes wrong, we have developed complaint and escalation processes to help resolve problems in a fair and consistent manner.

What data do we collect and how do we use it?

• Website visitors are tracked anonymously so we can see how many visitors we get, and the number of people who visit each page.  We cannot tell who these visitors are.
• Unless we given you any legal advice (and thus might have a potential liability) you may ask not to retain any information even if you have already agreed that we may.
• If you call us, we may see your phone number and, if you indicate it is appropriate, follow up to discuss our services and those of our associates – just say if you don’t want any further calls.
• If you advise us that you would like further information or a quotation, we will follow up and, where appropriate, pass your details on to associates who we consider appropriate to help you.  They will also be bound by data protection rules.
• We do have the ability to follow up enquiries with additional emailed information. You will have to opt in for this, and each email will have a link in it which you can click to stop further emails.  This may have the disadvantage that you may be unable to obtain further information on other topics using the same system.
• Website enquiry forms forward emails to us, and we delete the onsite database information after checking for missed enquiries, typically weekly.
• Because of the long term nature of our business, we retain information on people who instruct us pretty much permanently.  If you don’t, we keep emails for up to 6 months, in case you come back again.  Phone enquiries are deleted earlier.