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This web site is operated by
Net Lawman Limited, a company incorporated in England, of |
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Astons Barn, North Green Road
Pulham St Mary, IP21 4YF
Email: See contact page
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Net Lawman
cannot act for you until you have agreed to these terms and
conditions. They represent the contract between you and Net
Lawman Ltd ("us", "we", etc). By instructing Net Lawman in
any way, you agree to be bound by them. No change can be made
to these terms unless the changed agreement is in writing, in
hard copy, signed by both us; or set out in email messages,
to and from each other. This agreement binds both you and us
as soon as you become a client or customer. This agreement
may be changed at any time. When it is changed, your own
contract is not changed. The version posted here at the
time you instructed us continues to be valid. The new
version is valid for all new instructions from you and
from others. |
| 1. |
Interpretation |
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| In this document . . . |
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| "Content" |
means information in any
form published on our web site by us or any
third party with our consent or downloaded
by you from our web site. |
| "Our Web Site" |
means the
entire computing hardware and software installation that is
or supports Our Web Site including any communication or
peripheral system. |
| "Service" or "Services" |
means all the
services we provide, whether or not from Our Web Site. It includes
documents and letters for which you buy a licence to use, documents
we prepare for you, all advice we give, information we provide and
all other actions we take for you. |
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| 2. |
Our paramount aim . . . |
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is to provide you with a quality legal
advice and document service so as to enable you to operate
your business as smoothly and profitably as possible. We are
confident we shall provide a high quality service at all times.
We greatly value your business, and would not wish to think you
have any reason to be unhappy with us. If however you have any
question or concern about our work for you, please address it
by email to us by our contact page. We do not publish e-mail
addresses to prevent automatic pickup and use for spamming
us.
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| 3. |
Information you give us |
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You agree that you
have provided, and will continue to provide accurate, up to
date, and complete information about yourself. We need this
information to provide you with our Services.
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| 4. |
Our contract |
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| 4.1 |
You become a client
when we both agree that you are a client.
So you become a client only when: |
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| 4.1.1 |
you have sent
a completed instruction to us through Our Web
Site and paid for the Service you have
ordered and |
| 4.1.2 |
we have
responded in a manner indicating acceptance,
for example by providing or starting to
provide the advice or information or document
you have requested. |
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| 4.2 |
You also become a
client or customer when we provide a document or
advice or information to you in expectation of
payment but before you have actually paid. |
| 4.3 |
You cease to be a
client when we have provided the Service for which you have paid
OR
When our contract with you is concluded on the first to happen of:
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| 4.3.1 |
your receipt
of the Services you have bought, by any means; |
| 4.3.2 |
our sending
of the Service by e-mail and not receiving notification from
our service provider of non-delivery; |
| 4.3.3 |
our
completion of any task or Service for which you have paid us.
If there is any doubt as to when this is, or was, then our
decision is final; |
| 4.3.4 |
our
having worked for the amount of time for which you have
paid us, even if the work is unfinished. |
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As a
result you are not a client for the time between our
completing one piece of work for you and starting another.
Each piece of work is a new retainer which terminates when
that work is done. |
| 4.4 |
There
is no contract between us for any free Service, so you
do not become a client by using any free Service and we
are not liable to you in any way resulting from your use
of any free Service. |
| 4.5 |
Your
instructions to us terminate automatically each time we
complete work for which you have paid us. If we should
give advice on the same case at a subsequent time, such
advice constitutes a separate contract and does not
retrospectively extend the first contract for our
Services. |
| 4.6 |
Prices
for business Services are exclusive of any applicable
value added tax or other sales tax. Prices for Services
which you may buy as a consumer are inclusive of
VAT. |
| 4.7 |
The price
of any document or other Service may be changed by us at any
time. We will never change a price so as to affect the price
charged to you at the time when you buy a
Service. |
| 4.8 |
Services
will be delivered by your free download, by e-mail or by both
of these, at our choice. |
| 4.9 |
You agree
that you are bound by these terms (or the latest version of
them) for all future contracts with us, whether ordered
through Our Web Site or in some other way. |
| 4.10 |
You now
agree that you commit a breach of this contract if you seek
repayment of money paid to us by asking your credit card
provider to credit back a payment made to us, without
attempting to seek repayment from us first. In that event,
you agree that you will owe us first the sum charged to us
by our merchant service provider (£15 at 1st July 2004) and
secondly a sum based on time spent at £100 per hour in dealing
with your breach. You also agree that this provision is
reasonable. |
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| 5. |
Delivery of the Services |
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| 5.1 |
Advice
and document drafting and any other Services supplied
personally will be delivered within an estimated time
frame. You may cancel any undelivered balance at any
time, whereupon we will refund the appropriate proportion
of your money. |
| 5.2 |
Services
supplied instantaneously or almost so, will be delivered by
e-mail or by your own down-load from Our Web Site. You may
obtain re-delivery as often as you wish for a period of 30
days. |
| 5.3 |
We accept
no responsibility for problems you may have in making payment
through a web page of WorldPay, our merchant service provider
or in down-loading any document or other
Service. |
| 5.4 |
If you
pay by cheque, we will deliver the Services to you by e-mail
within five days (and often very much sooner) after clearance
of your cheque into our
account. |
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| 6. |
If you buy as a consumer |
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If you buy as a Consumer as
defined in the Consumer Protection (Distance Selling)
Regulations 2000, and only if those regulations apply to
your contract with us, then: |
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| 6.1 |
you
may have a right to cancel the contract. In that event,
we will refund your payment in full by means of the same
method as you paid us. If you buy a will using our wills
system, the transaction is regulated by these
regulations. |
| 6.2 |
substitute
services will not be offered under any circumstances because
we do not believe it is in your interest that we should
do so. |
| 6.3 |
Free
Services are not covered by the Regulations. |
| 6.4 |
You
have no right to cancel a contract to buy a document
because that transaction cannot be undone. |
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| 7. |
Special provisions
relating to employment law work |
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| 7.1 |
Employment
law advice and other Services may be "delivered" by one
of our team of third party employment law specialists.
Such a person may be a barrister or solicitor. In that
case Net Lawman Ltd is the agent for that person, who
acts for you as principal. |
| 7.2 |
These
terms and conditions apply to the provision of employment
law Services except that the person providing such Services
will also be subject to his / her own professional rules and
obligations. |
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| 8. |
Promotions, offers and events |
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If we offer Services in some
way not anticipated by these terms, then you are entitles to
terms no less favourable than those set out here. |
| 9. |
Limitations on our Service |
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| 9.1 |
Except
with regard to provision of employment Law Service by a
third party introduced by us, we make no representation
and give no warranty with respect to any of the Services.
We do not suggest any Service is suitable for your
particular use. Net Lawman advice and documents are
provided "without liability". We are not and do not
pretend to be solicitors. |
| 9.2 |
Documents
are provided as template versions for you to edit and change
to suit your circumstances. We do not refund money if you
decide not to use a document. |
| 9.3 |
Documents
may include technical inaccuracies or typographical
errors. |
| 9.4 |
Advice
given and documents drawn specially for you are
appropriate only to the facts and circumstances
you have told us about. If you do not give us full
instructions, it is possible that our advice may also
be incomplete. |
| 9.5 |
We
are not responsible for any action you decide to take
as a result of receiving our advice. |
| 9.6 |
The
Net Lawman Service does not extend to our handling
of your "case", nor will we generally contact any
third party on your behalf without a special
arrangement. Accordingly, we are under no obligation
to undertake any work for you beyond what has been
specifically agreed. |
| 9.7 |
Our
Web Site contains links to other Internet web sites.
We have neither power nor control over any such web
site. You acknowledge and agree that we shall not be
liable in any way for the Content of any such linked
web site, nor for any loss or damage arising from your
use of any such web site. |
| 9.8 |
We
are not liable in any circumstances for special,
indirect or consequential damages or any damages
whatsoever resulting from loss of use, loss of
data or loss of revenues or profits, whether in
an action of contract, negligence or otherwise,
arising out of or in connection with your use of
our Services. |
| 9.9 |
Advice
given and documents produced by Net Lawman are valid
only within the jurisdiction of England and Wales.
In practice, most documents are valid in Scotland and
Northern Ireland and many are valid in other
jurisdictions. |
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| 10. |
Content and Intellectual Property Rights |
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| 10.1 |
When you
"buy" a Net Lawman form or document, what you do in fact
buy is a licence to use our document for the purposes of
your own business or in a single company. Solicitors may
re-use the document as for any legal precedent. You may
use it as often as you like subject to the other terms of
this agreement. |
| 10.2 |
All
ownership rights and intellectual property rights in the
Content whether provided by us or by any other Content
provider shall remain the sole property of us and / or
the other Content provider. We will strongly protect
our rights in all countries. |
| 10.3 |
You may
not copy, modify, publish, transmit, transfer or sell,
reproduce, create derivative works from, distribute,
perform, display, or in any way exploit any of the
Content, in whole or in part, except as is expressly
permitted in this agreement. |
| 10.4 |
It
is a condition of your license to use any document
that you preserve our copyright notices as far as
reasonably possible and at least once on every
document. |
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| 11. |
Net Lawman charges |
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| 11.1 |
Charges
are fixed whenever reasonably possible. |
| 11.2 |
When we
cannot provide a firm price, we will charge by the hour.
In that case all work done, including all letters, e-mails,
faxes and telephone calls made and received will be charged
on a time basis in minimum units of one tenth of an
hour. |
| 11.3 |
Estimates
of money will be provided to you wherever possible. |
| 11.4 |
Our
hourly charging rate at 01 January 2006 is £120. |
| 11.5 |
Our
hourly charging rate for travel time at 01
January 2006 is £80. |
| 11.6 |
Our
mileage rate at 01 January 2005 is £0.40p per mile. |
| 11.7 |
Other
travel costs will be re-charged at cost incurred. |
| 11.8 |
Our
employment law services subscription rates at 01
January 2005 are as described in the employment law
services section. |
| 11.9 |
Our
Service requires payment in advance in every case. |
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Note: you can keep our charges
low by providing full instructions and avoiding
unnecessary contact. |
| 12. |
Holding money on your behalf |
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| 12.1 |
We do
not conduct money transactions nor make payments on
behalf of clients. We cannot therefore accept or hold
money on your behalf, beyond money paid for our immediate
Services and / or documents. |
| 12.2 |
If
you decide to terminate your instructions to us before
we have "spent" all of the money you have sent to us,
we shall immediately refund the balance
to you. |
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| 13. |
Community Legal Service funding (legal aid) |
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We do not
work under the CLS scheme and cannot advise you
whether you are eligible for CLS funding. If you would
like an opinion as to whether CLS funding would be of
assistance to you, then you should consult a
solicitor. |
| 14. |
Telephone communication |
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We do not
always advise by telephone. If you have a question arising
directly from the advice we give, we will reply by email or
telephone at our choice. |
| 15. |
Storage of papers and documents |
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We are not
obliged to keep copies of communications between us, nor
papers you send to us in any connection. You should
therefore never send original papers to us. In practice,
we will endeavour to keep soft copy of advice given, for
our own benefit. You are strongly advised to print and
retain a copy of all communications between us. |
| 16. |
System Security |
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| 16.1 |
You
agree that you will not, and will not allow any other
person to, violate or attempt to violate any aspect of
the security of Our Web Site. |
| 16.2 |
You
agree that you will in no way modify, reverse engineer,
disassemble, decompile, copy, or cause damage or
unintended effect to any portion of Our Web Site, or
any software used on, and that you will not permit any
other person to do so. |
| 16.3 |
You
understand that any such violation is unlawful in many
jurisdictions and that any contravention of law may
result in criminal prosecution. |
| 16.4 |
Examples
of violations are: |
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| 16.4.1 |
accessing
data unlawfully or without consent; |
| 16.4.2 |
attempting
to probe, scan or test the vulnerability of a system or
network or to breach security or authentication
measures; |
| 16.4.3 |
attempting
to interfere with service to any user, host or network,
including, without limitation, via means of overloading,
"flooding", "mail bombing" or "crashing"; |
| 16.4.4 |
forging
any TCP/IP packet header or any part of the header
information in any e-mail or newsgroup posting; |
| 16.4.5 |
taking
any action in order to obtain services to which you
are not entitled. |
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| 17. |
Indemnity |
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You
agree to indemnify us against any claim or demand,
including reasonable lawyers' fees, made by any third
party due to or arising in any way out of your use of
Our Web Site, or the infringement by you, or by any
other person using your computer, of any intellectual
property or other right of any person. |
| 18. |
Severability |
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If
any of these terms is at any time held in any
jurisdiction to be void, invalid or unenforceable,
then it shall be treated as changed or reduced, only
to the extent minimally necessary to bring it within
the laws of that jurisdiction and to prevent it from
being void and it shall be binding in that changed or
reduced form. Subject to that, each provision shall be
interpreted as severable and shall not in any way affect
any other of these terms. |
| 19. |
Contracts (Rights of Third
Parties) Act 1999 |
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Nothing
in any contract to which we are a party shall confer any
right to any person not a party to a contract. |
| 20. |
No Waiver |
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No
waiver by us, in exercising any right, power or
provision hereunder shall operate as a waiver of any
other right or of that same right at a future time;
nor shall any delay in exercise of any power or right
be interpreted as a waiver. |
| 21. |
Dispute Resolution |
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In the
event of a dispute arising out of or in connection with
these terms or any contract between you and us, then you
agree to attempt to settle the dispute by engaging in good
faith with us in a process of mediation before commencing
arbitration or litigation. |
| 22. |
Governing Law |
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This
Agreement shall be governed by and construed in accordance
with the law of England. |
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Thank you for reading.
Return to continue instruction |
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Our Privacy Policy |
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| Copyright Andrew Taylor and Net Lawman Ltd 2002 - 2006 |
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