Terms and Conditions
These Terms and Conditions, together with our Website User Terms and Conditions, and Privacy Policies which form part of these Terms and conditions, apply when you use our website and/or buy any products and/or services from us.
“user” or “you” means anyone using and/or visiting and/or purchasing from the website for any purpose
“we” or “us” means Law Hound/The Law Hound Group, a trading style of Law Hound Limited, a company registered in England and Wales, Company Registration Number 06839202 and any of our employees, officers, directors, agents, subsidiaries and affiliates. E-mail address firstname.lastname@example.org
“Website” means the website and all contents at www.lawhound.co.uk
“Advertisers” means any person or organisation who is advertising on the website, including accommodation providers, subscribers including where applicable, “Pay per click” users, or any person or organisation who has entered into an agreement with us or who uses the website in any other way.
“Associate” means any person or organisation with whom we are associated. This will include advertisers on whose websites we appear and any person or organisation who has a link, which we have approved, to the website.
“Intellectual Property Rights” means any patent, trademark, service mark, registered design, copyright, design right, any contact or database rights, know-how, confidential information or process, any application for any of the above, and any other intellectual property right recognised in any part of the world, whether or not presently existing or applied for, which are held by the owning party
“Products” mean any products, such as template policies, website immediate downloads, documents, data or information or anything which is supplied to you, whether or not any charge is made.
“Quote” means the invoice/document or e-mail describing the products and/or services to be provided by us. Quotes are valid from 7 days from the date of issue, unless we have agreed otherwise in writing.
“Services” means any service which we supply to you, either through the website or otherwise and whether or not any charge is made.
“Consumer” has the meaning ascribed in S12 of the Unfair Contract Terms Act 1977.
“Terms and Conditions” means these Terms and Conditions but will also include our Website Use, and Privacy Policies and any special terms and conditions agreed in writing by us.
“Working days” means any day Monday to Friday from 9am to 5pm, excluding all public and bank holidays in England and Wales.
2 TERMS AND ACCEPTANCE
(1) These Terms and Conditions apply to all contracts for the sale and provision of our products and/or services and, unless we have specified otherwise in writing, will prevail over any other prior agreement, documentation or communication whatsoever between us and can only be varied where you have our written agreement.
(2) By using our organisation, the website and any products and/or services, you confirm that you are aged eighteen or over and that you have read and understood these Terms and Conditions and agree to be bound by them.
(3) Where you are using the website or this organisation in any way on behalf of another person or on behalf of an organisation, you confirm that you have the legal right and their consent to do so and that the organisation specifically confirms full responsibility for the organisation and all workers, employees, agents, consultants and anyone who appears or purports to be a member of the organisation or working with it.
3 ORDER OF PRODUCTS AND SERVICES
(1) You can order products and services from us by:
(a) using our website and following the order process www.legaldocumentsonline.co.uk or
(b) by contacting us with your requirements and obtaining a quote. When we provide you with a quote, it is then up to you to accept the quote and submit your order to us.
(2) Details of what we will supply to you will be confirmed either:
(a) on checkout when you buy through the website; or
(b) contained in the emailed quote and invoice.
(3) We reserve the right to refuse any order. Our acceptance is by issue of an email confirmation accepting your order.
(4) You understand that products and/or services are provided to the best of our ability and experience and are not intended as a substitute for taking legal advice relating to your actual circumstances.
(5) Products and services which refer to a template or DIY are downloaded by you and do not come with any support whatsoever, other than as contained within the download.
(6) Certain compliance services may be covered by our professional indemnity policy, provided we have expressly advised you of the same in writing before and at the time of the order. If you are in any doubt please e-mail us at email@example.com before placing an order.
(7) Please note that unless we advise you otherwise in writing, our usual time for delivery of products and commencement of services will be five to seven working days for our bespoke work.
4 PRICES AND PAYMENT
(1) The price you pay will be
(a) as displayed on the website at the time you place your order for any website order; or
(b) as shown on the quote for products and services not ordered through the website.
(2) Payment for all services, including any taxes, must be made in full, by Bank Transfer, or PayPal:
(a) immediately on order for any website order; or
(b) within two days of the date of any invoice supplied for products and services not ordered through the website.
Products and services will not be provided/commenced until we have received full and cleared payment.
(3) Unless expressly agreed otherwise in writing, deposits are always non refundable.
(4) Where payment is a part of staged payments such as monthly, you are charged one month in advance.
(5) Once you have ordered services you are still responsible for payment. For non payment or payment problems, you will be charged 15% compound interest per annum for late payment until we receive full cleared payment. We also reserve the right to recover all reasonable expenses incurred in obtaining payment from you (but not limited to applicable statutory late payments as applicable) where any payment or part payment due to us is late.
(6) Where payment is made via a third party such as a bank or PayPal, you are also confirming your agreement to adhere to their user agreements and it is your responsibility to be aware of any agreement that you will enter into with them.
5 YOUR OBLIGATIONS
(1) You are always responsible for anything which you provide to us and it is your responsibility to retain, as applicable, up to date copies and back-ups. When providing items to us you should maintain adequate insurance, both in transit and whilst in our care. We can not be responsible for the destruction or damage of anything which you provide to us nor any losses whatsoever which occur as a result thereof.
(2) To enable us to provide products and/or services, you agree that you will at all times:
(a) co-operate with us and provide anything we reasonably require and within a reasonable time period of our request to you;
(b) obtain, at your own cost, and prior to our supply to you, all and any licences, permission, authority, and anything so required to enable us to supply products and/or services to you;
(c) ensure and agree that any data, information, materials or documents or anything you provide to us has been checked by you as being final, accurate, does not breach intellectual property right or any other rights of any third party, whatsoever in nature, is not contrary to any law and is virus-free and functions satisfactorily and will be provided by you in the format we specify;
(d) comply with all applicable statutes and statutory regulations and agreements by which you are bound.
(3) You provide us with a non-exclusive, worldwide, and royalty-free sub-licensable licence for the whole of any term, including any renewal term, if applicable, to edit, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer of, reproduce, copy, create derivative works from, distribute, perform, display, and otherwise use anything you supply to us as necessary, solely for the purposes of rendering and operating our products and/or services to you.
(4) You agree, as applicable, to raise any queries or make any comments and fully check and/or test any products and/or services provided to you before you make use of them. You must do this within seven days of our supply to you and, if we do not hear from you by the end of that seven day period we will assume that you are fully satisfied with the products and/or services supplied to you. If any errors or problems are subsequently found, we will use our best endeavours to make the necessary amendments but we are not obligated to do so.
(5) You are solely responsible for:
(a) ensuring that any products and/or services are suitable for your own use; and
(b) the use of any products and/or services supplied. You agree to use products and/or services legally and only for the purposes that such products and/or services are intended to be used and at all times in accordance with any applicable intellectual property rights, our instructions, suggestion, guidance, licence and information.
(6) You agree to indemnify us against all claims, costs and expenses which we may incur and which arise, directly or indirectly, from your breach of any of your obligations under our Terms and Conditions.
6 OUR OBLIGATIONS
(1) We will supply products and/or services in accordance with the description of such products and/or services which you order, as contained on the website for website orders and as contained in the quote for orders not ordered directly from the website.
(2) We will perform the services with reasonable skill and care and to a reasonable standard, in accordance with recognised standards and codes of practice. However, whilst we will use our reasonable endeavours to supply the products and/or services, we will not be responsible for any failure to provide, or for any unavailability. In particular, we cannot guarantee that access to the website/internet or any other products and/or services will be uninterrupted, secure or error-free. We are not responsible for any events, such as crashes, which may result in content and data loss.
(3) Times provided are estimates only and time shall not be of the essence We use our reasonable endeavours to supply products and/or services within any time estimate that we give, but will not be liable for any consequences or loss or damage suffered because of any unavoidable or reasonable delay in completion, including, but not limited to, third party involvement and your failure to provide instructions.
(4) We make no warranty against electronic virus, worms or any other fault or defect or problems which may occur or as a result thereof, including data, materials, documents, downloads or any e-mails (including any attachments) which we may send.
(5) We reserve the right to suspend the supply of products and/or services and to substitute any named person within our organisation and sub-contract as and where we, in our sole discretion, determine.
(6) Where we have agreed to supply any report or documentation, it will be in whatever format and contain the information that we, in our absolute discretion, deem appropriate.
(7) Except as expressly stated in these Terms or those statutory warranties which apply to consumers, all warranties whether express or implied, by operation of law or otherwise, are hereby excluded in relation our products and/or services.
7 LIABILITY DISCLAIMER
(1) To the extent that the law allows, we will not be held responsible for any loss or damage, whether indirect, incidental or consequential or otherwise, including, but not limited to, any economic loss or loss of profit or business whatsoever suffered by you or any third party howsoever caused, including as a result of any errors, mistakes, accident, negligence, breach of contract, misrepresentation, destruction or otherwise.
(2) In the unlikely event that we would be held liable for any losses occurring as a result of using/failing to use products and/or services or at all, then such total damages for any loss whatsoever shall be limited, in relation to any one incident or series of related incidents, to:
(a) the extent of our Professional Indemnity Insurance Policy, where we have expressly advised you in writing that the compliance service you ordered and claim in respect of which is covered by our insurance policy; OR
(b) 100% of the amount paid by you in respect of the order under which you claim.
8 INTELLECTUAL PROPERTY RIGHTS
(1) Upon cleared payment of all amounts due to us from you, you are assigned the rights to use the products and/or services, including any results of services we supply to you. That right is for you and no third party can benefit without our express written agreement. All Intellectual Property remains our property. Unless you have our specific written agreement, ownership of anything we provide during the services does not pass to you.
(2) No such rights as described in (1) above will pass until we have received cleared payment of all amounts due to us by you. This means that we will have a lien over anything provided by you or supplied to you until we receive cleared payment. If all payments due from you have not been paid and cleared in full within two months from the date of order, then you agree that you will forfeit your rights.
(3) You specifically agree not do anything that may in any way infringe upon or undermine our rights, title, or interest. This includes, but is not limited to, any licence, sale, transfer or gift of the whole or of any part of any anything whatsoever that we own and supply.
9 CONFIDENTIALITY, INFORMATION AND DATA PROTECTION
(1) Any products and/or services we provide will be reliant on information provided by you, so you are responsible for ensuring that any information you provide is accurate, correct and up-to-date. Any information we hold will be retained in accordance with current Data Protection legislation within England. Please also refer to our Privacy Statement.
(2) Unless otherwise agreed in writing or to enable us to provide products and/or services to you, both of us agree that the specifications, documentation and information relating to your purchase and which you obtain from us are confidential, including information obtained about each other, etc and as such can not be disclosed, other than as required by Statute or Court Order.
(1) The rights given cannot be transferred, sold, rented or shared in any way by you and nobody else can benefit but you.
(2) We reserve the right to assign and/or sub-contract any part of the services.
11 ELECTRONIC ORDERS
In view of the nature of the services we provide, unless we have agreed otherwise in writing, we both agree that you waive any cancellation or refund rights under the Consumer Protection (Distance Selling) Regulations 2000, particularly Regulation 13.
12 CLIENT QUERIES / COMPLAINTS AND NOTICES
(1) Complaints must be addressed in writing by e-mail to firstname.lastname@example.org. We aim to respond to complaints within fourteen days of receipt. If any complaint may amount to a breach of any term of this condition, then you must allow us thirty days to remedy that breach.
(2) Notices for us must be in writing to our address above and any notices for you will be sent by e-mail or post to the last address which you provided to us or, as applicable, your Registered Office.
(3) Postal notices will be deemed to have been received on the seventh day after posting, using Royal Mail 1st class service, provided that a duly stamped proof of posting is obtained from Royal Mail. Unless the contrary is proved, Notices sent by e-mail will be deemed to be received on the day on which they were sent.
(4)You agree that you will do nothing which could restrict or inhibit our access for any examination following any complaint.
13 WEBSITE USE
Please also refer to our Website Use, and our Privacy Policies which form part of these Terms and Conditions
14 BREACH AND CANCELLATION
(1) Our obligations to you will cease once we have supplied the products and/or services. However, some services may be subject to an initial contract period, as specified on the website or on the quote.
(2) We reserve the right to terminate this Agreement:
(a) immediately if you breach any of the Terms and Conditions. You will not be entitled to any refund of unused products and/or services.
(b) by giving you seven days’ notice. In these circumstances we will refund you for any products not supplied or unused services or pre-paid fees within thirty days of our termination. However we will not be responsible for any liability whatsoever, including any claims, expenses and fees, relating to the notice period and service ceasing.
(3) If we do not act upon any breach immediately, you should not assume that we have waived any rights as to enforceability or to seek redress, unless we have expressly stated that in writing.
(4) Other than any rights described in this Agreement, you may terminate this Agreement at any time, by giving us 7 days’ written notice. However, any monies due in respect of your order for products and/or services must still be paid and we will not make any refund at all, including for any unused services or pre-paid fees.
(5) Any agreement between us will automatically terminate if either of us, as applicable, passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect, ceases to carry on its business or substantially the whole of its business or is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
Each clause or any part at all of this Agreement is to be regarded as independent of the others. Should any clause or any part at all of this Agreement be found to be unenforceable or invalid, it will not affect the enforceability or validity of the rest of this Agreement.
16 FORCE MAJEURE
We will not be liable for any delay or failure to perform any of our obligations if the delay or failure results from events or circumstances outside our reasonable control, including but not limited to, acts of God, accidents, war, fire, strikes, lock outs, failure of any communications including telecommunications or computer systems, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and we will be entitled to a reasonable extension of our obligations.
These Terms and Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.