Terms of Business / Retainer

Both copies are to be signed by the client and the consultant and one copy left with the client

The following standard terms of business apply to all instructions accepted by the Company. All work carried out in the provision of Will Writing Services is subject to these terms except where changes are expressly agreed in writing. These terms of business form the basis of the contract between the Company and the Client.

1. Definitions and Interpretation
   1. In these Terms and Conditions the following terms shall have the following meanings:

“Calendar Day”	means any day of the year;
“Cancellation Form”	means the form attached to these Terms and Conditions as Schedule 1;
“Cancellation Notice”	means the notice attached to these Terms and Conditions as Schedule 1 or such 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”	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 of Services available and pricing information for those services;
“Seller”	; and Stephen Pett trading as The Professional Will Writer
“Services”	means the services which the Seller is to provide in accordance with these Terms and Conditions, any specific terms which apply only to those services, and as specified in the Order.

1. Unless the context otherwise requires, each reference in these Terms and Conditions to:
   1. “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
   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;
   3. “these Terms and Conditions” is a reference to these Terms and Conditions and the Schedule as amended or supplemented at the relevant time;
   4. a Schedule is a schedule to these Terms and Conditions; and
   5. a Clause, Section or paragraph is a reference to a Section of these Terms and Conditions (other than the Schedules) or a paragraph of the relevant Schedule.
2. 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.
3. Words imparting the singular number shall include the plural and vice versa.
4. References to any gender shall include the other gender.
5. Procedures
6. On the initial appointment your detailed instructions will be taken and appropriate advice given on matters relating Will Writing Services. Any queries or questions will be answered and a full explanation given on the contents and terminology used in the drafting of your Documents. Fees are payable half it the time of instruction with the balance when the documents have been prepared and are available for signing.
7. The Company undertakes to:

1. Comply with your instructions with reasonable skill, care and expedition appropriate to your needs.
2. Provide you with the best advice on matters relating to the Will Writing Services. In some cases this may mean advice to draw up other documents, or take other action, which may incur further fees. In such cases full details of such charges will be given to you in advance and you are under no obligation to proceed with any ancillary services offered. However, in some circumstances, you may be asked to sign a declaration stating that you are acting against the advice given.
3. Comply with the Client`s instructions using all due skill, care and expedition appropriate to the need of the client. Regarding the dispatch of documents Company must adhere to the following timescales unless otherwise agreed in writing with the client at the time that the client’s instructions are received. The following timescales take effect immediately upon the Client providing all the information required to complete the agreed instructions.
   1. Dispatch of Draft documents – 14 working days maximum
   2. Dispatch of executable documents AFTER drafts are approved – 7 working days maximum
   3. Dispatch of executable documents if drafts are NOT supplied – 7  working days maximum

1. However where circumstances occur, including those which are beyond the Company’s control, which results in the documents being delivered outside the above stated timescales, the client must be informed and upon their request must be provided with a full written explanation for the cause of the delays AND the opportunity to renegotiate or cancel the contract, with a full refund being provided should it be requested by the client.
2. Maintain the strictest confidentiality and not to pass on your details to any other organisation without your express written permission unless legally required to do so and shall comply with all legislation in force relating to data protection.

For more information on how we hold your data please view our privacy notice (add link/hyperlink) which will be provided to you in addition to these terms of business.

1. Offer an attestation service that supervises the signing and witnessing of your Documents at your home. The Company will not take responsibility for ensuring the validity of your Documents where the attestation service has not been taken up and the execution supervised by an agent of the Company. The signing of your Documents must be carried out according to the law of England and Wales in order for your Documents to be valid. All Documents will be supplied to you with full written instructions of how these should be completed and the Company will check the documents for free after they have been signed to ensure validity. It is your responsibility to send the documents to our Company after you have signed them if you would like them checked.
2. Refund any money paid in respect of the preparation of your Will(s) should you change your mind within 14 days from the date of taking your instructions. After the expiration of this period the Company reserves the right to charge you for the advice given and for any work already carried out on your behalf and in accordance with your signed instructions. An itemised bill will be produced for any charge falling due under this term.
3. Where the Company offers a Will storage service, the Company does not accept any liability or obligation to advise you of any changes in legislation or taxation which may affect you either directly or indirectly and may necessitate a review of your Documents. Any Will should be reviewed every three years and on the occasion of any material change in your circumstances, such as divorce, marriage, the birth of children or the inheritance of a large sum of money etc.
4. Where the company cannot legally or practically follow the instructions given by the client, the company must explain any differences between the client’s instructions or expectations and the documents to be provided.
5. Notice of the Right to Cancel

1. The Customer has the right to cancel the Contract within the Cancellation Period as determined by The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
2. The Seller is Stephen Pett trading as The Professional Will Writer
3. For the purposes of this Cancellation Notice, the Reference Number to be quoted in all communications is: As detailed on the Customers invoice/receipt.
4. The Customer has the right to cancel the Contract within 14 Calendar Days of receipt of this notice (the “Cancellation Period”).
5. The Customer may be required to pay for Services provided if the provision of the Services has commenced with the Customer’s written agreement prior to the end of the Cancellation Period.
6. In the event that the Customer chooses to exercise their right to cancel within the Cancellation Period, the Cancellation Form attached to these Terms and Conditions as Schedule 1 should be completed in full and returned to the Seller at the address provided in sub-Clause 4.7.1 below.
7. Cancellation Notices must be sent to the Seller at the following addresses:
   1. A Cancellation Notice sent by post or delivered by hand must be sent to: 5 Malcolm Gardens Polegate BN26 6PN;
   2. and a cancellation notice sent by email to steve @ theprofessionalwillwriter.co.uk

Privacy Policy

Personal Data

In the EU’s General Data Protection Regulation (GDPR), Personal Data is defined as “…any information relating to an identified or identifiable natural person (“data subject”); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person.”

How we use your information

The following privacy policy will outline how Stephen Pett trading as The Professional Will Writer will collect and use your data. This is done so that we can offer an effective and ongoing Legal Planning Service to you and your family. In order to do so effectively, we will need to understand and document our understanding of your full financial, family, business details along with your contact details. That is a great deal of information.

Why do we need to collect and store personal data?

In order for us to do any of the above, we must collect and store your data firstly for correspondence purposes. We will ensure that the information collected will only be used for its intended purpose and does not constitute an invasion of your privacy. The information is primarily stored in our Google Drive and database, though some will be in paper format and physically stored in our office.

Where we arrange storage of your legal documents, you will be informed of the local and we will keep a record of this.

Stephen Pett trading as The Professional Will Writer may wish to contact you for marketing purposes, however we would contact you for additional consent for that purpose if not already given.

Will we share your personal data with anyone else?

We may need to pass your details onto third parties who are either contracted to, or part of the Stephen Pett trading as The Professional Will Writer group of businesses. Www.TheProbateDepartment.co.uk is a business owned by Stephen Pett, and he owns shares in the SWW Trust Corporation but has no control over it. Any third parties who we do pass your details onto are obliged to store your details securely and only process them if responding to your enquiries on our behalf. When the time comes that they no longer require your personal data, they will dispose of this accordingly and in line with our company policy. If we wish to pass your personal data to a third party, we will only do so with your explicit consent, unless we are legally obliged to do so otherwise.

How will we use the personal data we collect about you?

Processing data constitutes as collecting, storing and using. We will process this data in accordance with the GDPR. We will do our utmost to keep your information accurate and up to date and not keep it longer than is necessary. Stephen Pett trading as The Professional Will Writer may issue occasional reminders to all customers to keep their contact details up to date and will update them accordingly.

Please be advised that there is information that we are required to keep in accordance with the law, such as information needed for tax and audit purposes. Personal data may be held for longer than these periods, however this will depend on the individual needs of the company.

Under what circumstances will we contact you?

We will only ever contact you when necessary, or when you have requested that we do so. We do not mean at any point to be intrusive or ask for unnecessary information. We will do our best to ensure that the information we hold is as secure as possible to minimise the risk of unauthorised access or disclosure.

Can you find out about the personal data that we hold about you?

If you want to see what personal data we hold on you and how it is processed, you may contact us to request this. This is known as a Data Subject Access Request (DSAR) and you must request this in writing (either by post or email), providing the necessary identification before any information is released. If Stephen Pett trading as The Professional Will Writer do store any of your personal data, you may request information on the following:

• Identity and the contact details of the person or organisation that has determined how and why to process your data. In some cases, this will be a representative in the EU.
• Contact details of the GDPR owner, where applicable.
• The purpose of the processing as well as the legal basis for processing.
• If the processing is based on the legitimate interests of Stephen Pett trading as The Professional Will Writer or a third party, information about those interests.
• The categories of personal data collected, stored and processed.
• Recipient(s) or categories of recipients that the data is/will be disclosed to.
• If we intend to transfer the personal data to a third country or international organisation, information about how we ensure this is done securely. The EU has approved sending personal data to some countries because they meet a minimum standard of data protection. In other cases, we will ensure there are specific measures in place to secure your information.
• How long the data will be stored.
• Details of your rights to correct, erase, restrict or object to such processing.
• Information about your right to withdraw consent at any time.
• How to lodge a complaint with the supervisory authority.
• Whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether you are obliged to provide the personal data and the possible consequences of failing to provide such data.
• The source of personal data if it wasn’t collected directly from you.
• Any details and information of automated decision making, such as profiling, and any meaningful information about the logic involved, as well as the significance and expected consequences of such processing.

What forms of ID will you need to provide in order to access this?

Stephen Pett trading as The Professional Will Writer will accept the following forms of ID when information on your personal data is requested:

Passport; Photo Driving Licence; Utility Bill (from the last three months); Notarised ID Document;

Contact details of the GDPR Owner

If you wish to submit a DSAR, or have any questions regarding this privacy statement, you must do so in writing using the following information.

Address:

Stephen Pett, The Professional Will Writer, 5 Malcolm Gardens, Polegate BN26 6PN

Email: steve @ theProfessionalWillWriter.co.uk