Trading terms and conditions of Easy Reach Legal

 

 

These terms and conditions regulate the business relationship between you and us.  When you buy from us, you agree to be bound by them.

 

No person under the age of 18 years may purchase Services. 

 

We are: Easy Reach Legal™ is the online trading name of Blunts Solicitors

Our address is:        2 King Edward Street, Macclesfield, Cheshire, SK10 1AB   

 

 

 

 

The terms and conditions

 

 

1               Definitions

 

In this agreement:

 

 “Our Website” means the entire computing hardware and software installation that is or supports Our Website.

 

 “Services”  means any of the services we offer on our Website and as set out in the information provided within the Website and these terms and conditions.

 

“Online Family Services”    means the online divorce service and the online

                                           consent order drafting service.

 

 “Content” means any material in any form published on Our Website by us or any third party with our consent.

 

 “Material” means Content of any sort posted on Our Website

 

 

2               Our contract with you

 

These terms and conditions apply:

 

2.1          So far as the context allows, to you as a visitor to Our Website; and

 

2.2          In any event to you as a buyer or prospective buyer of our Services and consequently as a client of our firm.

 

2.3          In the case of our online family law services we shall accept your instructions by e-mail confirmation that you have read and agreed to these terms and conditions and that payment for the Service has been made.  That is when our contract is made. In relation to our other services a signed copy of these terms and conditions is required. We shall provide the Services in accordance with your instructions and as set out in the Website and as confirmed in your client care documentation that will be sent to you. Our office hours are 9.00am to 5.00pm Monday to Friday.

 

2.4          Unfortunately, we cannot guarantee that every Service advertised on our website is available.  If at any time a Service for which you have paid becomes unavailable, we will refund any money you have paid.

 

2.5          We may change these terms from time to time.  The terms that apply to you are those posted here on Our Website on the day you order Services.

 

2.6          If in future, you buy Services from us under any arrangement which does not involve your payment via Our Website, these terms still apply so far as they can be applied.

 

2.7          If we owe you money, we will refund you as soon as reasonably practicable but in any event no later than 7 days from the date of your order.

 

 

3               Your account with us

 

3.1          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 the Services.

 

3.2          If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.

 

3.3          You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.

 

 

4               Price, payment and service provision, termination, fees, interest payments

 

4.1          It is possible that the price may have increased from that posted on our Website.  If that happens, we will not provide the Services until you have confirmed that you wish to instruct us at the new price.

 

4.2     Our Family Law Services will be provided by email / making them  

          available for you in the way we have explained in our Website.    

 

4.3     If we are not able to provide your Services within 14 days of the date of 

          your instructions, we shall notify you by e-mail to tell you the likely 

          provision date.

 

 

4.4     We may change the nature or provision of the Services at any time.  We 

          may tell you about any such change by email or by posting details on Our

          Website.

 

4.5    This engagement may be terminated by either party by written notice to the

         other, however, any arrangement as to the payment of fees and expenses

         shall survive termination. Termination of our engagement will not affect any

         legal rights or obligations that may already have accrued or been incurred

         by either of us.

 

4.6    You may not share or allow others to use the Services in your name.

 

4.7    We will do our best to maintain Our Website so that you have constant  

         use, but there will be times when your use may be interrupted. Interruption 

         to the Services for reasonable periods for maintenance or causes beyond

         our control is not a ground for repayment of money you have paid. When

         we are aware of the likelihood of down time, we will tell you in advance.

 

4.8    Fees are payable immediately upon being rendered. The fees you will pay

         are set out in the Website and will be confirmed in the client care letter we

         will send you. In the event that we are required to make payment in respect

         of any disbursements on your behalf please note that we have no

         obligation to make these payments unless funds have been provided by

         you for that purpose.

 

4.9    We reserve the right to charge our fees whether or not a particular matter

         is successfully concluded or completed (unless otherwise agreed by us in

         writing). In the event that a fixed fee has been agreed and the transaction

         does not proceed for any reason, then, unless otherwise expressly agreed

         by us, we shall be entitled to charge for work done on the basis of the

         time we have expended on your behalf.

 

4.10  Where fees are being raised on the basis of an hourly rate, we shall be

         entitled to invoice you periodically. Where such invoices are not discharged

         when due for payment, delay in the progress of the case may result and we

         reserve the right to cease to work on the matter.

 

4.11   If payment of any invoice is not received immediately upon the bill being

          rendered, we reserve the right to charge interest on the outstanding

          amount at a rate of 4% above the base rate from time to time of the

          National Westminster Bank plc, from the due date until the outstanding

          amount is paid in full.

 

4.12   VAT is payable on all fees and some disbursements. Our VAT number is 

          748854479.

 

4.13   If we hold money on your behalf in general client account, we will, in

          accordance with the Solicitors Accounts Rules 1998, pay you a sum in lieu

          of interest. There are exceptions to this requirement e.g. where the sums

          held are small and the time they are held are is short.

 

 

5               The Distance Selling Regulations

 

5.1          If we have not met with you, under the Consumer Protection (Distance Selling) Regulations 2000, for some non-business instructions, you may have the right to withdraw, without charge, within 7 working days of the date on which you asked us to act for you. However, if we start work with your consent within that period, you lose that right to withdraw. Your acceptance of these terms and conditions will amount to such a consent.

5.2          If you seek to withdraw instructions you should give notice to the person named in your client care documentation as being responsible for your work. The Regulations require us to inform you that the work involved is likely to take more than 30 days.

 

 

6               Professional Indemnity Insurance and Regulatory Status

 

6.1          Our Firm has professional indemnity insurance, details of the insurer providing cover can be obtained upon request.

 

           We maintain professional indemnity insurance to a total level of    

           £2,000,000 for each individual claim.

 

6.2     All the Services we provide are regulated by the Solicitors Regulatory  

                    Authority. We are subject to the Solicitors Code of Conduct 2011, for full 

                    details see:     

         www.sra.org.uk/solicitors/handbook/code/content.page.

 

7        Complaints

 

7.1 Our most important task is to ensure your absolute satisfaction.  We will always strive to reach that target.  We are committed to providing you with high quality legal advice and client care, but if you are unhappy about any aspect of the service you have received or about any bill submitted then we would ask you in the first instance to contact the solicitor dealing with your case as outlined in your client care documentation.

 

7.2    If your allocated solicitor is unable to deal with your complaint adequately then please request a copy of our complaints procedure. We have eight weeks to consider your complaint. If we have not managed to resolve your complaint within this time you may complain to the Legal Ombudsman.

 

7.3      Further information is available at www.legalombudsman.co.uk.   

 

 

 

 

8   Disclaimers

 

8.1  We shall have no liability to you for any loss, damage, costs, expenses or   other claims for compensation arising as a result of information or instructions supplied by you which are incomplete, inadequate, incorrect, inaccurate or ineligible or arising from their late or non- arrival or through any act/ omission of yours.

 

8.2   Any advice given by us or any communication from us to you is provided

solely in connection with advising you and for your sole use and benefit. Such advice may not be used or relied upon or disclosed to any other person without our prior written consent.

 

8.3   Where ancillary goods or services are supplied by any other third party then,

unless stated otherwise, we do not give any warranty, guarantee or other representation as to their quality.

 

8.4 We may make improvements or changes to our Website, the Content, or to any of the Services, at any time and without advance notice.

 

8.5 You are advised that Content may include typographical errors. This is inevitable in any large website.  We would be grateful if you bring to our immediate attention, any that you find.

 

8.6   We give no warranty and make no representation, express or implied, as to:

 

  • the adequacy or appropriateness of the Services for your purpose;
  • the truth of any Content on Our Website published by someone other than us;
  • any implied warranty or condition as to merchantability or fitness of the Services for a  purpose other than that for which the Services are commonly used;
  • compatibility of Our Website with your equipment, software or telecommunications connection.

 

8.7   Our Website contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.

 

8.8  Whilst we have taken every care in the preparation of the Website and Contents, we cannot guarantee that the Content will be completely up to date and free from mistakes and we give no warranty and make no representation, either implied or expressly, in this respect. To the fullest extent permitted by the law we exclude all liability for any loss or damage which you may sustain as a result of accessing and using the Website whether such liability arises in contract, tort, negligence, breach of statutory duty or otherwise (including, without limitation, liability in respect of any losses, damages, costs or expenses of any nature whatsoever incurred or suffered by you either directly or as a consequence, such as loss of profits, data, business or goodwill).

 

8.9 It is stressed that the information given in this Website and Content is only intended as a general guide and should not be relied upon in place of specific advice.

 

8.10 These disclaimers do not seek to exclude any liability the exclusion or limitation of which is not permitted by English Law.  

 

 

9   Money Laundering and Client Due Diligence

 

9.1 In common with other reputable practices we maintain and operate procedures and controls which are intended to forestall and prevent money laundering and actions taken by any person with a view to preserving, using, investing or disposing of the proceeds of crime. In this respect we will at all times act in accordance with and as required by the Proceeds of Crime Act 2002 and the Money Laundering Regulations 2007. In agreeing to these terms and conditions to engage this firm you have expressly acknowledged our obligations in this respect and agree that this firm shall have no liability to you by reason of any act or omission undertaken in good faith in order to comply with these laws (howsoever arising).

 

9.2      The Money Laundering Regulations 2007 require us to:

 

9.2.1   Obtain information about clients’ identity and to verify that information;

 

9.2.2 Obtain identity information about people related to the client (such as beneficial owners), where relevant, and at times verify that information; and

 

9.2.3 Continue to monitor the transaction and keep identity information up to date.

 

9.3     We are professionally and legally obliged to keep your affairs confidential. However, solicitors may be required by statute to make a disclosure to the Serious Organised Crime Agency where they know or suspect that a transaction may involve money laundering or terrorist financing. If we make a disclosure in relation to your matter, we may not be able to tell you that a disclosure has been made. We may have to stop working for you for a period of time and may not be able to tell you why.

 

 

10   System Security and Computer viruses

 

10.1   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 Website.

 

10.2   You may not use any software tool for the purpose of extracting data from our Website.

 

10.3   You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.

 

10.4    Whilst we use reasonable endeavours to ensure that the Website does not contain or promulgate any errors, viruses, bugs, malware or other harmful components, we make no warranty or representation that this will be the case and we exclude to the fullest extent permitted under applicable laws all liability in connection with any damage or loss caused as a result of you visiting and/or using the Website.

 

 

11      Auditing and Vetting of Files

 

External firms or organisations may conduct audit or quality checks on our practice. These external firms or organisations are required to maintain confidentiality in relation to your files.

 

12      Confidential Information and Intellectual Property Rights

 

12.1 You agree to keep safe the Confidential Information and not to disclose or make available for disclosure to any person, any part of it.

 

12.2  We will defend the intellectual property rights in connection with our  Services and Products and Our Website, including copyright in the  Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).

 

12.3 We also claim copyright in the designs and compilation of all Content of Our Website. Title, ownership rights, and shall remain the sole property of us and / or the other content provider.  We will strongly protect those rights in all countries.

 

12.4   Except as set out below, 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.

 

12.5 You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.

 

12.6 Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.

 

12.7 You remain the owner of any property, copyright or other intellectual property rights of any material provided by you for the purposes of our instructions and belonging to you.

 

12.8 You agree that we may reproduce and copy your materials for all purposes reasonably connected with the provision of the Services.

 

12.9 We have the right to retain any such material until payment of all monies due has been made.

 

 

13     Your email address

 

13.1 You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.

 

13.2 You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.

 

13.3 You acknowledge and agree that we shall not be liable to you in the event

that we are ordered or required by a court or judicial authority, to desist from   

           using or permitting the use of a particular domain name as part of a name or

           email address.

 

 

14      Indemnity

 

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 Website, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.

 

 

 

 

 

 

 

15     Provisions relating to our Online Family Services

 

         In relation to our online divorce service and online consent order drafting 

         service, the following additional terms and conditions apply:

       

          15.1 These Online Family Services are only suitable if you and your spouse/civil                    

                   partner are over 18 years of age and residents of England and Wales.

 

          15.2 It is your responsibility to check whether you may be eligible for                  

                   Legal Aid or a fee exemption.

 

          15.3   Our online divorce service is only suitable for undefended divorces/  

         civil dissolutions. If the divorce or civil dissolution subsequently becomes

         contested or litigated then the matter will fall outside of the realms of our

         online divorce service and if you wish to continue to instruct us further fees

                    will be payable and a separate retainer would be required. These would be    

                    discussed with you fully before being incurred.    

 

          15.4 Our online consent order drafting service is only suitable for when you and       

                   your spouse have reached an agreement between yourselves that you want  

                   to have encapsulated into a consent order. No advice is given in this service

                   as to the merits of the agreement that you have reached and no warranty or

                   guarantee is given that the consent order will be ratified by the court. If the

                   matter becomes contested or litigated then it will fall outside of the realms of

                   our online consent order drafting service and if you wish to continue to

                   instruct us then further fees will become payable and a separate retainer

                   would be required.  

                 

 

          15.4 Our Online Family Services do not include advice in respect of

                   the children or financial matters.

 

          15.5 Our Online Family Services do not include our going on the court record

                   or entering into correspondence or negotiations with your spouse/civil

                   partner or their legal representative.

 

          15.6 You must have been married or in your civil partnership for over 

                   one year before you can commence divorce/civil dissolution

                   proceedings and use the online divorce service.

 

          15.7 You will need a current address for your spouse/civil partner. If

                   additional work needs to be undertaken by us or our agents in order

        to properly serve the divorce papers we reserve the right to charge

                   additional fees. These will be fully discussed with you prior to being                 

                   incurred.

 

          15.8 We reserve the right to decline to provide further email assistance or 

        charge additional fees if the requests for assistance in our view become

        excessive.               

 

          15.9 Court fees and disbursements are not included in the price of the 

                   online family services.

 

         15.10 We reserve the right to decline to act further if we believe that our retainer  

                   with you is inadequate on the basis that it transpires that your case is much  

                   more complicated than first anticipated or that you lack the intellectual or

                   emotional capacity to carry out the tasks that are your responsibility.

 

         15.11 We reserve the right to terminate our retainer with you if we believe that you  

                   may be seeking, or intend to mislead the court.

 

         15.12 In respect of our Online Family Services, it is your responsibility to progress  

                    your own case. We will supply you with the completed court forms as  

                    outlined within the Website, once you have provided us with the necessary  

                    information, it is then your responsibility to submit these to the court, or

                    other relevant party. If you delay progressing your case, further court fees

                    may become payable.

 

         15.13 Our Online Family Services do not include any advocacy (i.e. representation 

                    at court) or the instruction

                    of any experts. These services can be provided for an additional cost but  

                    we would require a separate retainer.

 

 

16          Tax Advice

 

Any work that we do for you may involve tax implications or necessitate the consideration of tax planning strategies. We are not qualified to advise you on the tax implications of a transaction that you instruct us to carry out, or the likelihood of them arising. If you have any concerns in this respect then you should raise them with a qualified tax advisor immediately.

 

 

17        Storage of Papers and Documents

 

          After completing the work, we are entitled to keep all your papers and documents

          while there is money owing to us for our charges and expenses. In addition we  

          will keep your file of papers for one year. After that storage is on the clear

          understanding that we have the right to destroy it after such period as we

          consider reasonable or to make a charge for storage if we ask you to collect your

          papers and you fail to do so. We will not of course destroy wills, deeds and other

          securities which you ask us to hold in safe custody.

 

18      Financial Services

 

          Sometimes the work we carry out for you involves investments or pensions. We

          are not authorised by the Financial Services Authority to advise you in this

          respect so we may refer you to someone who is authorised to provide any

          necessary advice. In certain limited circumstances we can provide advice in 

          relation to some investments provided they are closely linked to the legal services

          we are providing to you.

 

19      Data Protection

 

          We comply with the Data Protection Act 1998 with respect to information held on

          clients. We use the information you provide primarily for the provision of legal

          services to you and for related purposes including:

 

  • Updating and enhancing client records
  • Analysis to help us manage our practice
  • Statutory returns
  • Legal and regulatory compliance

 

Our use of the information that we hold on you is subject to your instructions, the Data Protection Act 1998 and our duty of confidentiality. Please note that our work for you may require us to give information to third parties. You have a right of access under the Data Protection Act to the personal data that we hold about you.

We may from time to time send you information that we think may be of interest to you. If you do not wish to receive that information then please notify our office in writing.

 

20 Miscellaneous provisions

 

 

         20.1 When we communicate with you by email, you agree that email   

                  communications are contractually binding in the same way as properly  

                  signed and dated paper sent by post.

 

         20.2 Nothing in this agreement or on Our Website shall confer on any third party

                  any benefit under the provisions of the Contracts (Rights of Third Parties)                

                  Act 1999.

 

         20.3 If any of these terms is at any time held by 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.

 

20.4 No waiver by us, in exercising any right, power or provision in this

agreement 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.

 

20.5 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.

 

20.6 We are not liable for any breach of our obligations resulting from causes

beyond our reasonable control including strikes of our own employees.

 

20.7 This Agreement shall be governed by and construed in accordance with the law of England. Both ourselves and you agree to submit to the exclusive jurisdiction of the English Courts. All other terms and conditions, express or implied, by statute or otherwise, are excluded to the fullest extent permitted by the law.

 

 

20.8 Your continuing instructions to us in this matter amount to an acceptance of these terms and conditions of engagement.