Terms of Business
The following standard terms of business apply to all instructions accepted by QWill Writing Services Ltd. 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 QWill Writing Services Ltd and the Client.
1 Definitions and Interpretation
1.1 In these Terms and Conditions the following terms shall have the following
"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 other written Document containing the same information produced by the Customer;
"Contract" means the contract for the purchase and sale of the Services under these Terms and Conditions;
"Customer" or "Client" means the individual purchasing the Services from the Seller who shall be identified in the Order;
"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 the Customer 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 documents providing details and Services available and pricing information for those services;
"Seller" means 'QWill Writing Services Ltd' note also that the Customer has to be advised of the details of a consultant if representing another company;
"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.
"Law" means the law of England and Wales, including Scotland and Northern Ireland in respect of business engagement relating to these terms and where the business is governed and construed.
"Relationship manager" means a person employed by the Seller dealing with your services.
"Agent" means a person employed by the Seller (that could also be called a Relationship manager) dealing with the initial telephone discussion and data entry required to provide you with initial documentation for your approval prior to any documentation being forwarded by QWIll Writing Services Ltd.
"@byquail.com" represents a brand email of 'by Quail' used by companies associated or using the branded Quail logo.
"QWill" means 'QWill Writing Services Ltd'
1.2 Unless the context otherwise requires, each reference in these Terms and
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; and
1.2.5 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
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 for Will writing services under Code of Practice
2.1 When dealing with QWill directly via initial telephone engagement your detailed personal information will be taken by a Relationship Manager/Agent in the strictest of confidentiality controlled by the Company in line with the Company's registration under the 'Information Commissioner's Office' in respect of the Data Protection Act 1998. Any data including personal information will be gathered in the form of both verbal and or written questions asked by QWill. Appropriate relevant questioning will be asked on matters relating but not limited to enabling appropriate Will writing and associated services such as Probate or Trust work only.
2.2 Terms Online
The Customer can view these terms Online. The Customer is hereby asked to email QWill prior to commencement of work at email@example.com in the event that you do not agree and or cannot understand these terms and require more information prior to commencement of work, otherwise once work commences the service and terms are binding.
2.3 When dealing with QWill via the QWill writing services Online internet facility your detailed personal information will be input by you and treated in the strictest of confidentiality controlled by the Company in line with the Company's registration under the 'Information Commissioner's Office' in respect of the Data Protection Act 1998. Any data including Personal information will be entered via the internet facility or subsequently gathered in the form of both verbal and or written questions asked by QWill. Appropriate relevant questioning will be asked on matters relating but not limited to enable appropriate Will writing and associated services such as Probate or Trust work only.
2.4 The Customer will be able to view these terms Online and asked to click or select a box confirming their agreement to continue under these terms. The Customer is hereby asked to email QWill prior to commencement of work at firstname.lastname@example.org in the event that you do not agree and or cannot understand the terms and require more information prior to commencement of work, otherwise once work commences the service and terms are binding.
3.1 QWill endeavours to write Wills for those who are committed to leaving a Pecuniary Legacy of at least £100 to a Charity of the Testator's or the Testatrix's choice.
3.2 No advice will be given by an Agent of QWill who does not hold appropriate qualifications.
3.3 When appropriate, once the initial fact find/Questionnaire have been completed by the Customer and obtained by QWill, the data system will be updated manually (or automatically if data was entered via the Online internet facility) for one of the QWill qualified Will Writers to review. On examination of the file, additional questions may be asked and advice provided by a QWill Will Writer as necessary.
3.4 The relevant document for the service ordered shall be drafted and provided to you by the QWill Will Writer, either electronically, in person or by post for you to approve. In circumstance of Joint Wills where either the Testator or alternatively the Testatrix does not have their own personal email facility, at the discretion of the Customer(s) orders can be sent to an alternate address.
3.5 The Customer will have a chance to make any amendments to a draft document prior to signature.
3.6 Once an approved draft is confirmed, a QWill Will Writer will produce the final version of the order and send to the Customer the final document in an agreed manner. The Will will be bound unless this is not a requirement. Postal expenses, such as a special delivery charge, will be charged to the Customer in addition to the cost of the Order.
3.7 Any queries or questions that you may raise with QWill will be answered and a full explanation given by QWill on the contents and terminology used in the drafting of your Order.
4 Associated services under separate Code of Practice
4.1 In respect of Specific Trust Work and Lasting Powers of Attorney at the discretion of QWill, questions may be asked or advice be given that is relevant to the service depending on the complexity of your circumstances.
4.2 In house professionals at QWill endeavour to provide as much work as possible themselves on behalf of the Customer, however on occasions a referral to a third party such as a joint venture solicitor, an external solicitor, a Trust Corporation etc for advice or services depending on the complexity of your circumstances may be given.
4.3 Any queries or questions that you may raise with QWill will be answered and a full explanation given by QWill on the contents and terminology used in the drafting of your Order.
5 QWill Writing Services Ltd's undertaking
5.1 To comply with your instructions with reasonable skill, care and expedition appropriate to your needs. A Customer will be asked to state the preference date of which they wish to have a draft Will emailed to them. The preferred date will be at least 10 days following the complete disclosure of documentation in order to compile a draft Will. The request of this date is purely to allow the Customer to select any future date that is convenient and can be agreed to be sooner than 10 days. QWill will make regular attempts to obtain information from the Customer in order to meet the Customer's preference date for first draft Order to be received. Where a date has been selected this date takes precedence over clause 5.3 and 5.4.
5.2 To provide the Customer with the best advice on matters relating to the Service ordered. 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 the Customer in advance and the Customer is under no obligation to proceed with any ancillary services offered. However, in some circumstances the Customer may be asked to sign a declaration stating that the Customer is acting against the advice given.
5.3 QWill will comply with the Customer's instructions using all due skill, care and expedition appropriate to the need of the Customer. Regarding the dispatch of documents, QWill will adhere to the following timescales unless otherwise agreed in writing with the Customer at the time that the Customer's instructions are received. The following timescales shall only take effect immediately upon the Customer providing all the information required to complete the agreed instructions.
5.3.1 Wills and Lasting Powers of Attorney will be ready for the Customer's signature at QWill's office within 14 working days of receipt of the Customer's complete instructions where correspondence is via electronic means. (However, prior to this request, QWill reserves the right to enquire as to the reason why documentation is required on such an urgent basis).
5.3.2 QWill shall email the Customer within 5 working days prior to enable you to view and approve a draft version and make any changes or amendments again by electronic means either way. Where minor amendments are required following your review your Order will be ready at our office for collection or provision by postal delivery within a further 5 working days.
5.3.3 Where electronic means are not available sufficient time must be allowed for postal services. No liability can be placed upon QWill in respect of time taken by postal services to deliver Orders.
5.4 If you request an express service you would be liable to pay this Agreement.
5.5 Where Attestation services are required by/from QWill a mutually agreed date will be arranged.
5.6 Where more complex documents are drawn up we cannot set time periods. QWill will keep you informed and produce documents as soon as practicable dependent on your complete disclosure of information.
5.7 Where circumstances occur, including those which are beyond QWill's control, which result in the Order being delivered significantly outside the above stated timescales, the Customer must be informed and upon their request must be provided with a full 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 Customer.
5.8 QWill will record the Customer's details in the strictest confidence and shall not pass on Customer details to any other organisation without express permission unless legally required to do so and shall comply with all legislation in force relating to data protection.
5.9 To offer an attestation service that supervises the signing and witnessing of your Order at your home. QWill will not take responsibility for ensuring the validity of your Order where the attestation service has not been taken up and the execution has not been supervised by an Agent of QWill. The signing of your documents comprising your Order 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.
5.10 Refund any money paid in respect of the preparation of your Will(s) should you change your mind according to Clause 7 below. If you change your mind after the expiration of this period, QWill 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. (See clause 6 - rights to cancel).
5.11 Where QWill offers a Will storage service, QWill 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. It is suggested that 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.
5.12 Where QWill cannot legally or practically follow the instructions given by the Customer, QWill shall explain any differences between the Customer's instructions or expectations and the documents to be provided.
5.13 A duty to provide best advice may include to take further action, which may incur further fees or payments to third parties such as; the courts, other professional advisers, or insurance and investment providers. In such cases full details of these costs will be provided in advance.
6 Notice of the Right to Cancel
6.1 If you require an express service and you require your documents urgently and instruct us to commence work prior to the expiration period of the cancellation period, you must pay our fee in full and waive your cancellation rights (please refer to clause 5.4). This takes precedence over all clauses contained in these terms.
6.2 For the purposes of this Cancellation Notice, the Reference Number to be quoted in all communications is as detailed on the Customer's invoice/receipt and the Customer's name.
6.3 The Customer has the right to cancel the Contract within 14 Calendar Days of receipt of this notice (the "Cancellation Period").
6.4 The Customer will 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.
6.5 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 6.6 below.
6.6 A Cancellation Notice sent by post or delivered by hand must be sent to the Seller at the following address:
The Maltings, East Tyndall Street, Cardiff Bay, Cardiff, CF24 5EA
A Cancellation Notice sent by email must be sent to: email@example.com
6.7 Cancellation Notices shall be deemed served upon the Seller:
6.7.1 In the case of a Cancellation Notice sent by post, 2 Working Days following the date of posting; and
6.7.2 In the case of a Cancellation Notice sent electronically, on the day it is sent provided the Cancellation Notice is sent before 5pm. If the Cancellation Notice is sent after 5pm, it will be deemed served the following Working Day.
6.8 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
7.1 If the Customer chooses to exercise the Right to Cancel in accordance with Clause 6 above, the provisions of this Clause 7 shall apply in determining any refund to which the Customer may be entitled.
7.2 The Customer must inform the Seller of their exercise of the Right to Cancel within the period required by Clause 6.
7.3 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.
7.3.1 Where the Customer has already made payment to the Seller, any refund issued shall be less the relevant sum determined under sub-Clause 7.3.
7.3.2 Where the Customer is yet to make payment to the Seller, the sum due from the Customer shall be adjusted accordingly.
7.3.3 The Seller will inform the Customer in writing of the relevant calculations involved in determining sums deductible or payable under this Clause 7.
7.3.4 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 entire value of such Services.
8.1 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.
8.2 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 9 below.
9 The Customers obligations
9.1 To disclose all relevant facts and answers to all the questions asked during a fact-find to allow QWill to provide accurate advice and to produce an effective Service. QWill shall not accept liability in respect of information which was not disclosed, and therefore not documented by the person taking the Customer's instructions, and which comes to light at a later date as being of relevance and which may affect the validity or content of the Service provided.
9.2 To read through the draft documents provided, to confirm that they correctly reflect the Customer's wishes including where appropriate (but not limited to) information relating to the distribution of your estate, that the names and addresses of the persons mentioned in your documents are correct or adding any missing data not supplied at the time of taking your instructions.
9.3 To return any documents together with any amendments to QWill as soon as possible. If the Customer fails to return documents to QWill, QWill shall accept no liability for the draft documents. QWill shall not be responsible for any consequence of a delay arising from the Customer's failure to comply with the aforementioned.
9.4 To notify QWill if the Customer does not receive draft fact-find Documents within 24 hrs if provided electronically, where the first appointment is conducted via the telephone or within two weeks of the first appointment where the first appointment is face to face, unless otherwise agreed.
9.5 To pay the fee due for the provision of Services in full and in accordance with the terms of QWill's invoice.
9.6 If the Customer wishes to have the Attestation Service, the Customer must confirm so in the information document sent back to QWill. The Customer must subsequently inform the witnesses that they need to be present at the time of the execution and inform as appropriate QWill of the dates and times of preferences of all concerned so that all parties including QWIll can agree a convenient date and time suitable. (The cost payable to QWill is displayed on our pricing schedule contained in the initial information submitted to the Customer).
9.7 To pay the fee due for the provision of Attestation Services in full and in accordance with the terms of our invoice.
9.8 To consider options for a safe and secure Custody & Document storage arrangement and inform us of your decision.
The following options are available:
A) Custody for life - QWill can store your documents for life. The rates are £25.00 plus VAT per annum (subject to annual reviews of prices to be incurred which will be notified to the Customer in writing).
The documents will be checked for validity, such as Testator's signature, date and witnesses, ensuring the witnesses are not named beneficiaries under the Will.
The Lasting Powers of attorney will be checked for validity to ensure all relevant sections have been correctly completed and that it has been executed in the correct manner.
Deed retrieval cost are currently £10.00 - All property Deeds are by Special Delivery.
For security reasons the Executors cannot retrieve the Wills or other documents unless they apply in writing and enclose a copy of the death Certificate. QWill reserves the right to ask for verification of identity.
QWill aim to dispatch documents within 24 hours free of charge from receipt of Death Certificate and proof of Identity documentation.
B) Customers can opt to have documents stored by a Bank or Solicitor - a charge may also be made by them.
C) Customers may wish to have it registered by an online registration facility such as Willdata (as a scanned copy) as a stand-alone product.
D) The Customer may wish to use Will Register UK which is free. However, a search is chargeable.
E) The Customer may wish to have documents stored by third parties following independent legal advice.
F) The Customer may wish to retain the original copy.
G) A further preference may be requested and relevant fees, where appropriate, may be agreed.
10 Pricing & payment
10.1 QWill will provide pricing information including total price and full breakdown of charges for each product or service, delivery charges, attestation charges and any other items incurring charges relevant to the business consideration prior to any written agreement to commence work.
10.2 A table of Prices can be seen on the company website. All prices displayed, where required, will be explained and agreed with the Customer. Any Value Added Tax amounts are stated on VAT Invoices.
10.3 QWill prices are correct as at 19th February 2016 and guaranteed for 30 days from the date of agreeing to the terms of business. QWill has the right to increase prices at their discretion. Any change of prices will not affect an already agreed contract except where the terms signify that cost can fluctuate with market conditions beyond the control of QWill. For example, where a service is to provide a Simple Will has been carried out the price indicated at the time of the request will be honoured. Where in a future date a person engages in marriage then a new instruction is quoted under the terms of business at that time.
10.4 Payment terms where you are engaged with an Agent or Relationship manager via our telemarketing service as per these business terms are paid at point of service via an appropriate secure method, which is a secure on-line payment mechanism similar to other products such as PayPal. An invoice will be processed and issued to the Customer and where applicable the rate of VAT included shown separately.
10.5 Other services of which you will receive a quotation have their own specific payment terms. An invoice will be processed and issued to the Customer and where applicable the rate of VAT included shown separately.
10.6 Payments can also be made directly to QWill with the following details:
QWill Writing Services Ltd
Lloyds Bank - Sort Code: 309894
Acc Number: 44904968
11 Client Care
11.1 QWill is committed to providing the Customer with a high quality service. An essential part of that service is that the QWill will communicate effectively with the Customer so that they are kept informed of progress.
11.2 QWill maintains a full complaints procedure as specified in clause 11.3 to which any complaint should first of all be addressed.
11.3 Complaints Procedure
At first point of call, it is in the interest of 'the Supplier' and 'the Customer' that complaints are resolved as amicably and as quickly as possible. However, in the event that a complaint is made to QWill, the complaint must be made in writing to the address at the footer of these Terms or alternatively by email to firstname.lastname@example.org
Complaints will be dealt with by the Complaints Officer at QWill and will be addressed within 30 days providing an initial written response to 'he Client.
At the second stage and at last resort, 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 3TQ.
11.4 After-Sales Procedure
In the event of any questions or queries by the Customer, the first point of call is to speak to the Agent or Relationship Manager who dealt with your Order. In the event that the person is not available another Agent or Relationship Manager will assist in dealing with your requirement. You can also email, if preferred, and an officer will reply by or during the next business day.
11.5 A customer satisfaction survey is available from your consultant upon request by emailing email@example.com
The survey is also available online at www.willwriters.com/satisfactionsurvey.html.
12 Code of Practice
12.1 QWill Writing Services Ltd are responsible to transact their business in line with The Society of Will Writers Code of Practice of which a copy is available upon request by emailing firstname.lastname@example.org
12.2 As a member of 'The Society of Will Writers' QWill abides by 'The Society of Will Writers code of practice.'
12.3 As a part of that code we must provide to the Customer either before or during the meeting when the Customer's instructions are accepted by QWill, general information.
13 Legal Notice
Any provision of these Terms of Business that are declared void or unenforceable by any competent authority or court shall, to the extent of such invalidity or unenforceability, be deemed severable and the other provisions shall continue unaffected.
14 Force Majeure
QWill shall not be held liable or deemed to be responsible for any delays or failure in performance under these Terms of Business resulting from acts beyond its control, including but not limited to: Acts of God, acts of regulations of any government or supranational authority, war or national emergency, terrorist activities, industrial action, accident or fire.
15 Price Promise
QWill aims to provide the best possible service at the best possible price. That does not mean being necessarily the cheapest, but it does mean we endeavour to provide best quality. We do not compromise on service or quality, we promote the use of our On-Line facility, in addition, provide telemarketing and services partly processed by telemarketing people and use qualified practitioners. We also offer attestation services chargeable in the event that we need to travel from our offices as that service is not included in our normal Will writing fees.
16 Data Protection
We are registered under the Data Protection Act 1998 (as amended) and all information disclosed to us will remain confidential and secure according to our specific terms as set out the registration conditions.
17 Other Services
Legal Work - transferring ownership of property such as real estate or other assets that require legal transfer documentation, can be provided by regulated insured third parties.
Probate Services - may be provided by regulated and insured third parties.
Trust Work - Under separate Codes of Practice and Professional Indemnity Insurance.
QWill will be appropriately cover under insurances relevant to its business under recommendations made by relevant Codes of Practice.
In the event that a service has been provided by QWill to the Customer, and payment for those services has not been made in accordance with the Terms of Business or the Terms of Business are breached, QWill may take steps, including the commencement of legal proceedings to recover any balance due. In that circumstance, the Customer will be liable to QWill for any reasonable costs and expenses incurred by QWill to enforce the Terms of Business.
Please read the above terms carefully and ensure you understand them before proceeding with any business.
By continuing with any service provided by QWill it is agreed that initial information already given by you via the Online internet facility, or over the telephone or by email to QWill as specified in these terms, directly through the Online facility, or to a telemarketing agent or relationship manger, or any other representative - that the information is true and can be used in respect of preparation of documents and accept that further information may be required to be completed verbally or in writing by submission of further documents either way.
It is assumed that you have read and understood the Terms of Business and wish to proceed with Services provided by the Seller in accordance with the Terms of Business.