Select Page

Terms & Conditions

You may, or may not, be a regular user of legal services provided by solicitors. For this reason, we set out in our Terms and Conditions a very detailed explanation regarding the work we are to carry out on your behalf, the costs involved and any other information which may be of assistance to you throughout your transaction. We would, therefore, ask that you read this information very carefully.

If there is any variation in these Terms we will notify you in writing.

In some rare occasions, when we have reviewed your instructions, we may not be able to work for you. If this happens we will inform you as soon as we can and give you a full refund of any money paid on account less the cost of any disbursement already purchased see information herein with regard to Effects of Cancellation

 

Definitions

In these Terms the following words and phrases have the following meaning:

‘you’, ‘client’ or ‘customer’ means the person or people agreeing to these Terms and Conditions relating to the transaction.

‘LegalZoom’, ‘Beaumont Legal’, ‘we’ or ‘us’ means LegalZoom which is the trading name of Beaumont ABS Ltd and our registered office is Beaumont House, 1 Paragon Avenue, Wakefield WF1 2UF, where a list of directors can be inspected. Beaumont ABS Ltd is registered in England and Wales under registration number 09771974, VAT number 224179417 and is authorised and regulated by the Solicitors Regulation Authority under registration number 626167.

 

Work to be done

You are instructing us to prepare a Will on your behalf. Our instructions are limited to the drafting of your Will in accordance with your instructions and guidance as to the proper legal execution of the Will. Once you have signed your Will, if you choose to return it to us, we will review it to make sure that the signature is valid, that the Will is correctly dated and that it is properly witnessed. We will then store your original Will for you until requested by you in your lifetime, or your executors following your death.

You are not instructing us to undertake any review of your individual circumstances and we will not advise you as to the suitability of your instructions with regard to your circumstances.

 

Responsibility for the Work

The Wills Team will be responsible for carrying out the work on your matter. The team is made up of Solicitors, Trainee Solicitors and Legal Assistants.  Thomas Grice is a Solicitor and will be the person response for managing your Will transaction.  You can contact him on 0345 122 8064 or by email at Thomas.Grice@legalzoom.co.uk. The person with overall responsibility for our Probate work Rachel Howell who is Legal Operations Director at LegalZoom.

There may be times when he will not be in the office or engaged, however you will be able to speak to the Wills and Probate Team. If they are unable to help they will take a message and he shall telephone you back as soon as possible.

 

Tax and Planning Advice

Any work that we do for you may involve tax implications. We can only offer limited factual advice on inheritance tax and will not be responsible for advising on the wider tax implications of the drafting of your Will.

We will not be providing any advice in relation to tax that is specific to your circumstances.  You should seek specialist advice in this area before you instruct us to draft your Will if you have any queries in relation to tax implications.  This also includes advice in relation to Inheritance Tax. 

 

Timescales

We expect most Will transactions to be completed within 2-3 weeks. Please note this timescale only begins once you have agreed to these Terms and Conditions, made payment, had your identity verified, and provided us with your complete Will instructions by way of completing and submitting your information to us.  If you feel the above timescales are not likely to achieve your requirements, then there may be occasions when we can expedite your matter. You should contact the Wills team to discuss this option further.

 

Our Services and Costs

Wherever possible, our work is carried out on a fixed charge basis. Within this fixed charge, we include all conventional work associated with a typical transaction of this type. We confirm that our charges consist of charges for providing our services (e.g. legal charges, bank transfer charges and electronic identification verification charges) plus a number of disbursements.

There are certain costs we have to pay to others on your behalf in order to complete your transaction in addition to our charges for acting for you. All costs we have to pay to others on your behalf are estimated and will also be itemised in our Invoice which will be sent to you during the transaction.

Costs we have to pay to others on your behalf are goods or services, necessary to you, supplied, not by us, but by other firms/organisations. This is why, although we use our expertise to give you the estimate of these costs at the start of your transaction, you agree you will have to pay the actual amount, as outlined in your final Invoice, even if this differs from our estimate below. Our experience shows that these prices rarely fluctuate but they can do so.

 

Fees

We will charge a fixed fee of £90.00 for the preparation of your Will.

 

Payment

We require payment in full before we create your Will. We will not provide you with a copy of your Will until we have received full payment.

We also reserve the right to discontinue work on any other file which we may be dealing with for you, until your bill is settled.

If our Invoice is not settled within 14 days then we reserve the right to charge you interest at the rate of 8% on the balance outstanding.

Should we need to recover any of our Charges, you will reimburse all our costs and expenses incurred in the collection or recovery of any overdue amount.

 

Debit/Credit Card Handling Fees

We will, where possible, provide you with the facility to make payments to us on account of costs or disbursements by way of debit / credit card through our chosen payment services provider. There can be occasions where our chosen payment services provider charge us a card handling fee for processing these types of payments. These handling fees may vary depending on the amount of the payment you are making.

We want to make it clear to you that we will be responsible for any card handling fees charged by our payments services provider – we will never pass these handling fees on to you.

Any deductions made by our payment services provider from the payment you have made to us by debit/credit card before the amount is credited to our client account will be reimbursed immediately to your client monies on the same day it is credited to us.

We want to reassure you that the money you pay to us will be the same amount we credit to your client account

 

Referral Fees We Pay

In some cases, LegalZoom may pay a referral fee to third parties or introducers of business. Referral fees can vary depending upon the introducer. We have set out below the amount, if any, of the referral fee and the introducer to whom it will be paid. In these circumstances, it is LegalZoom, not you, who are liable to pay the referral fee. We will not be passing the cost onto you.

In your case there is no referral fee payable.

 

Interest on your Monies

Any money received on behalf of clients will be held in our client account. We maintain an instant access account to facilitate a transaction consequently the amount of interest earned will usually be less than would be earned if the money were held in a deposit account. In those circumstances where interest would usually be calculated and paid to the client at the rate from time to time payable on a UK high street bank’s instant access accounts, the period for which interest will be paid will normally run from the date(s) on which funds are received by us until the date(s) of issue of any cheque(s) from our client account. Also in these circumstances, we may retain an amount of any such interest as and when calculated to help us cover the administrative expenses of arranging these calculations and payments.

However, by agreeing to these Terms, you agree that we shall not be required to open a deposit account or account to you for any interest which may accrue on any monies received by us at any stage of the transaction. This in turn allows us to offer to you our “Fixed Fee” services. If you believe that there are unusual circumstances, you may request a review the file to determine whether it would be fair and reasonable in the circumstances to make the payment of interest to you despite the nature of the “Fixed Fee” services.  A full copy of our Interest Policy is available upon request.

 

Payment to Charity 

Whilst we will always work to ensure all funds are accounted for at the end of a transaction, sometimes there is a small balance due to you after completion of your matter. This can occur, for example, when there are changes in the costs we pay to external parties, or when we receive a refund. If this sum is less than £20.00, due to the administrative costs in making the payment, we will automatically send the funds to Charity. Details of the nominated charity are available on request. By agreeing these terms, you consent to us making that payment.

 

LegalZoom acting as executor

You do not have to appoint a solicitor or other professional executor.  You can appoint a lay person as an executor in which case such a person may choose to engage the services of a professional such as a solicitor to assist with the administration of the estate.

If you appoint LegalZoom as your executor we will charge an hourly fee for administering the estate in line with our charge out rates at the time at which the appointment becomes effective.  The current hourly charging rate for this type of work is £225 per hour plus VAT.

Typically, for a straightforward modest estate we estimate that between 7 and 15 hours’ work would be needed for us to administer the estate.  We do not charge any additional percentage in dealing with the estate, nor do we charge any additional fees over and above our normal legal fees for acting as executors.

 

Email Communication

To avoid delays and improve efficiency, our preference is to communicate with you by e-mail.

If you provide us with an email address, this will be your confirmation that you are happy for us to communicate with you in this way.

Please note we may also use this to inform you of other legal services which we feel may be relevant to you. If you do not wish us to recommend any other legal service, please inform a member of the Wills team.

We would ask that if you do email us with any information relating to your transaction or with an enquiry that you give us a reasonable time to provide you with a response. We will not necessarily acknowledge receipt of your email. Our service standards for responding to email communications are clearly set out in the section entitled ‘Setting Standards’ above.

Our email communications may include correspondence or documentation which is not encrypted before it is sent. Therefore, it is possible that confidential information concerning your matter may be intercepted intentionally or by accident and read by a third party. If this could cause you a problem, then please let us know in writing if you do not wish us to make contact with you in this way or send confidential information to you.

We may email you the documents that you are required to sign. If this is the case, then please note that we will not send you a copy in the post. We would ask you to print these out single sided (not duplex), sign them in accordance with the instructions in the accompanying paperwork and then return them in the post to us. We cannot accept scanned versions of your signed documents and will require the originals to be posted to us.

Please be aware that there is no guarantee that an email will reach us in predetermined time or the person receiving the email may be away from their desk when it arrives. If the email is urgent you should contact us by telephone to ensure it has been received and read.

LegalZoom does not accept any responsibility for viruses or other malware contained in emails and you should scan or otherwise check emails and any attachments.

 

Money Laundering Regulations

Payment of our fees can be made by card payment and you must not use a card registered in anybody else’s name but your own (joint accounts are acceptable). The payment card must be registered to your home address.

Under The Proceeds of Crime Act 2002 and Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, we have a duty to report to the National Crime Agency any client transaction which we know or suspect may involve money laundering. If we decide, in our sole discretion, that we are required to report the transaction on which you have instructed us, we may do so without your prior authority or knowledge. We are not permitted to tell you if we make such a report.

 

Verification of Identity

When you instruct LegalZoom to act on your behalf, we are required by Law to obtain confirmation of your identity to comply with The Money Laundering regulations. As an innovative firm, we now use the latest technology to ensure that this legal requirement is satisfied with as little inconvenience to you. In order to verify the information regarding your identity you provide, we may make searches about you with a Credit Reference Agency or Fraud Prevention Agency; this will include information from the Electoral Roll. The agencies will record the details of the search, whether or not your transaction proceeds. We are required to point out that some financial institutions may share these searches in order to prevent fraud. Scoring methods may be used as part of this process.

We will ask you to provide us with copies of up-to-date proof of identity in order to perform the electronic check detailed above. We require one document from List A and one document from List B below for each person. We will use these documents, together with any electronic check, as detailed above, to satisfy our anti-money laundering requirements. Any documents provided to us will be recorded and copied for audit purposes as part of these requirements. Where we make an electronic identity check we reserve the right to make a charge to you of £12.50 plus VAT per name we search against. 

List A

  • A valid full UK passport
  • A valid H M forces identify card with the signatory’s photograph
  • A valid UK Photo-card driving Licence

List B

  • A bank statement/credit card statement not more than 3 months old (not an internet statement)
  • A firearm and shot gun certificate
  • A council tax bill or utility bill less than three months old
  • A council rent book showing the rent paid for the last three months
  • A mortgage statement for the mortgage accounting year just ended

Should we be unable to verify your identity, for any reason, using the electronic method, then we will ask you to have your identity verified by an independent person who should meet in person and who should supply us with certified copy of the documents. Documents must be certified by a Bank Official, Doctor (registered with the GMC), Accountant (registered with the ICAEW), FCA-registered Financial Advisor or Solicitor (who should hold a current Practising Certificate with the SRA). When certifying the documents, they must certify that the documents are true and complete copies of the originals, and, in the case of photographic identification, they must certify that they have attended you personally and that they are satisfied that you are the person to whom the document relates. If possible they should also provide a covering letter confirming this information. Please note that these must be the hard copy documents showing the original certification and signature, and we will not be able to accept scanned copies by email. We would suggest the following wording is used:

I/We confirm that I/we have personally attended (insert name(s)) and have had sight of his/her original identification

documents. I/We can confirm that the copy documents are complete copies of the originals and the photograph(s) is/are a good likeness of (insert name(s).

Please note that we do not accept original identity documents through the post as evidence of identity and we can only accept original identity documents if you attend our offices with the same.

Please note that any searches and copy documents will be securely maintained on the file for your data and papers in pursuance of our data protection policy (see below). The uses that will be made of the data will be as follows:

  1. to provide confirmation of the identity of the person(s) providing it;
  2. to verify the proprietors on the title registers of the Property, and
  3. any requirements for any lenders (if applicable) under the UK Finance Mortgage Lenders’ Handbook for conveyancers. The data will be stored for as long as required by law, which in most cases will be our usual file retention period from the date of the file being archived (please see the Storage of Papers and Documents section). The data will be stored for longer than this if necessary, such as when litigation has arisen or may be pending, checks have or may become relevant in proceedings.

We reserve the right to carry out an electronic identity check at our own expense at any stage of a matter.

In situations where you are not resident in the United Kingdom, or some of the purchase monies are coming from abroad, additional identification checks will be required. We will levy an additional professional charge for these checks based upon the time involved and any costs we have to pay to others on your behalf incurred by the firm

 

Setting ourselves standards

We aim to meet certain standards with regards to customer care.  Such standards include:

a) customers should receive copies of all important paperwork and, where possible, keeping the customer informed of progress made;
b) returning your calls within the same day where possible, and certainly no later than the end of the next working day;
c) emails and text messages from you within 2 working days and letters from you within 3 working days;
d) writing to you in plain and clear English;
e) making appointments to see you without delay.

Please bear these timescales in mind when contacting us and afford us the time to respond to enquiries within the timescales we have set. We are sure that you will appreciate that these timescales are in place to ensure all clients receive our best attention.

On the whole we expect to exceed these standards and in return we expect you to respond to our requests promptly and to pay the price of our legal services and any costs we pay to others on your behalf without delay.

 

Complaints

We hope you will be happy with the standard of attention you receive in relation to your matter. We would highlight that in the event you feel you need to raise a concern, it should, in the first instance, be referred to the person handling your case either by post, email or telephone. The complaint does not have to be put in writing, although setting out clearly the issues and the action you wish us to take may help us to resolve your concerns more quickly.

If these steps do not resolve the problem or you feel you cannot speak to their supervisor, then please contact our Head of Compliance, Helen Torresi. If you wish to contact her, please provide all the relevant details by emailing at compliance.team@legalzoom.co.uk or by writing to Beaumont House, 1 Paragon Avenue, Wakefield, WF1 2UF.

Details of the person handling your case and their supervisor can be found in the section Responsibility for the Work.

We have a procedure in place which details how we handle complaints and a copy of our complaints policy is available upon request. We would specifically highlight that your complaint can include a complaint about the firm’s bill. If the complaint is still not resolved at the end of this complaints process, you have the right to refer your complaint to the Legal Ombudsman: PO Box 6806, Wolverhampton, WV1 9WJ Telephone: 0300 555 0333 Website: www.legalombudsman.org.uk The Legal Ombudsman can only investigate complaints up to six years from the date of the problem happening or within three years of when you found out about the problem. You should also make your complaint within 12 months of the date of our last response to you.

Alternatively, as we strive to provide the utmost professional high quality service we need to know if you have received this level of service to enable us to continue to develop our employees. If you feel that the service you have received has exceeded your expectations then we would be happy to hear your comments. Positive feedback is sometimes overlooked but when received is passed immediately onto our employees.

You may e-mail your comments to: feedback@legalzoom.co.uk

 

Professional Indemnity Insurance

LegalZoom carries compulsory level Professional Indemnity Insurance for £3 million (which is the maximum liability amount referred to in these Terms) with AmTrust Europe Limited who can be contacted at C/O Solicitors Claims Department, Howden UK Group Limited, 16 Eastcheap, London, EC3M 1BD. The policy covers the provision of legal services by LegalZoom anywhere in the world.

 

Applicable Law

Any dispute or legal issue arising from the Terms will be determined by English law and will be submitted to the exclusive jurisdiction of the English courts.

 

Conflicts of Interest

If a conflict arises between your interests and the interests of any other client or member of this firm, we will not be able to continue acting for you and we will notify you in writing as soon as possible.

 

Our Duty of Confidentiality

Please also refer to our Privacy Policy Statement https://www.legalzoom.co.uk/legal-privacy-policy/ when reading this section. We will treat any information which is confidential to you and which we obtain as a result of acting for you as strictly confidential, save:-

  • for the purpose of acting for you; or
  • for legitimate interest disclosures to our auditors or other advisers or for the purposes of our professional indemnity insurance; or
  • as otherwise required by law or other regulatory authority to which we are subject.

If You do not wish to disclose Your Details and file to be released You must notify Us in writing and discuss this with us when accepting the terms and conditions and/or completing the Instruction Form/other such documents. We may be unable to act for you in such circumstances.

We may refer publicly to your name as a client of ours, which we believe is a legitimate interest in collecting and promoting client feedback provided we do not disclose any information which is confidential to you.

We shall be under no duty to disclose to you (or take into account in the course of providing the Services) any information acquired by us in acting for any other client or any information in respect of which we owe a duty of confidentiality to a third party.

 

Your Duty of Confidentiality

Our advice and other communications with you are confidential and may not, without our consent, be disclosed by you to any third party (other than to your employees and agents who require access and who do not disclose it further) or otherwise made public except as required by law or other regulatory authority to which you are subject.

If, as a result of our acting for you, you acquire any information in respect of which we notify you that we owe a duty of confidentiality to a third party you will keep it confidential and not use it without our consent.

 

Information About You

We may use the information which you provide, or which we obtain through our dealings with you, or others for the provision of Services to fulfil our contractual obligations to you or the legitimate interests of you, ourselves and others.  We may give it on a confidential basis to our Directors, employees and agents. We may use it to administer your account with us, including tracing and collecting any debts.  Further information is provided within our Privacy Policy / Statement a copy of which can be made available on request.

We may also use it to ensure legitimate interests in the safety and security of our premises (where we may also use CCTV); for fraud prevention purposes (including verification checks for our money laundering obligations); to assess client satisfaction (such as by asking you to participate in surveys); and to help improve our services generally.

We may also use it to contact you by letter, telephone, e-mail or otherwise about our services and about events such as seminars and conferences and to send you briefings and similar material. By accepting these terms and conditions you are agreeing that we may use your contact details and information in this way. If you do not wish to be contacted or having provided consent previously you wish to withdraw or amend it, please inform us in writing.

Sometimes we ask other companies or people to do administration duties on our files to ensure this is done promptly and to be able to provide the service at the price quoted. We believe we have a legitimate interest in doing this.  We will always seek a confidentiality agreement with these outsourced providers.

We store information about You, Your Matter or any other Documents and correspondence relating to Your file(s) using cloud based technology. Again we believe we have a legitimate interest in acting in this way and take every possible precaution to protect your personal information.

 

Conflicts of Interest

We recognise the importance of ensuring that no potential or actual conflict arises between your interests and the interests of any other client or member of this firm. If a conflict does arise, we may not be able to continue acting for you. Should this happen, we will discuss it with you to agree the way forward.

 

Authorities

You must ensure that we are made aware of any limitations that you wish to place on our authority to represent you in your transaction. You are responsible for providing, in good time, all authorities that we may need to progress your transaction and to keep us informed of any relevant changes. You are responsible for making us aware of any time critical significance in connection with any instruction or information you provide to us

 

Data Protection: The Use and Disclosure of your Personal Information

You have a series of rights outlined under Data Protection legislation over how your personal data is used, including erasure in specific circumstances. However, we may not always be able to agree with the exercise of such rights, as often your personal data remains necessary in relation to the purpose for which it was originally collected and processed. Further information is available in our Privacy Policy, a copy of is available on request or can be viewed on our website at any time.

 

What personal information we process

The categories of personal data we process include general personal data (which includes normal personal data, personal identity, email addresses and personal financial data) and special categories of personal data if these have been voluntarily provided to us (which includes ethnicity, nationality and medical history).

 

How we use your personal information

When your file is open, the personal data is necessary in relation to the purpose for which it was originally intended. We process your personal information to fulfil our contract with you, or where you or we have a legitimate interest in doing so, where otherwise permitted by law, or to comply with applicable law and regulation. We use your personal information for the following purposes and circumstances::

  • Service provision and internal processing (i.e. to assess and/or provide and to service your matter).
  • To our suppliers, to the extent they need your personal information to carry out the processing.
  • Management of relationship (e.g. to develop your relationship with us) which includes the recommenders (where applicable)
  • Resolving queries.
  • Training and service review (e.g. to help us enhance our services and the quality of those services).
  • Statistical analysis (e.g. to help us enhance our products and services or delivery channels to keep costs down).
  • Complying with legal obligations (e.g. to prevent, investigate and prosecute crime, including fraud and money laundering).
  • To our electronic verification service provider and to fraud prevention agencies to enable us to comply with our legal obligations under the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017
  • To Banking institutions, if required, to carry out inter- bank transfers.
  • To our insurers, regulators, Law Society accreditation services and warranty providers to comply with our legal obligations
  • With Sub contractors where necessary to the fulfilment of the agreement
  • To send you information which is not connected with the matter you instructed us although the firm believes you should consider as part of the legal advice under our fulfilment of our contract with you. (eguidance and advice on a Trust Deed and/ or a Will when purchasing a property etc)
  • With your consent
  • If we are required to do so by law 

When your matter is completed and / or your file is closed, we may still process your personal information where we have a legitimate interest in doing so, where we are permitted by law, or to comply with applicable laws and regulation.

Examples of such instances will include:

  • Complying with legal obligations for statutory and regulatory requirements including for example, HMRC Returns, Land Registry, complaint handling, anti-money laundering, reporting to our regulatory body – the Solicitors Regulation Authority, Our insurers, warranty providers and persons acting as our agents;
  • Archiving and Storage of your file for the periods outlined in our Storage of Papers and Documents Procedure of these Terms and Conditions. (Archiving and Storage of personal data is still classed as a processing activity even though it is not being regularly accessed and remains securely locked away); and
  • Our legitimate interests to conduct conflict of interest checks, statistical analysis and research to help us enhance our products and services.

 

How We Share Your Information

We may share your personal data with a range of organisations which enable us to fulfil our contract with you, or where we have legitimate interests to do so, or otherwise are required by applicable law and regulation.  We can provide more details specific to your personal data on request.

For further information on how we use your data please see our Privacy Policy which is available on request or can be viewed and downloaded from our firm’s website.

By confirming your agreement to proceed with the firm’s terms and conditions, you are accepting that we may use your data in the above ways.

You have a right to complain to the Information Commissioner’s Office (https://ww.ico.org.uk ), which regulates the processing of personal data. You may also seek a judicial remedy.

 

Storage of Papers and Documents

After completing the work, we will be entitled to keep all of your papers and documents while there is money owing to us for our professional fees or disbursements.

We will keep your file of papers (except any of your papers which you ask to be returned to you) on completed transactions for a minimum of six years on the understanding that we have your authority to destroy it after this period of time. This does not apply to documents or deeds that you have deposited with us for safe custody. We reserve the right to destroy correspondence files without notice when your transaction is aborted prior to exchange of contracts.

We do not normally charge you for retrieving papers or documents from storage if it is in relation to continuing or new instructions. However, we reserve the right to make a charge, other than in such circumstances, based upon time spent producing stored papers or documents together with time spent reading, corresponding or other work necessary to comply with your instructions. Our minimum fee for such retrieval is £50.00 plus VAT. When photocopying is required, then this is charged at £0.25 plus VAT per sheet.

We may agree to store title deeds, wills and other especially valuable documents in safe custody for you if you require and, if we do, we will not, without your consent, destroy any such documents.

By agreeing to these terms you agree that, if you return your Original Will to us for storage, you are happy for the Will to be stored by any company within the control of LegalZoom International Holdings Ltd.

We do not accept responsibility for the loss or damage of any item which we hold on your behalf unless we expressly agree in writing to the contrary.

  

Financial Services and Insurance Contracts

We are authorised and regulated by the Solicitors Regulation Authority and our registration number is 626167. We also carry on insurance mediation activity which, broadly, is the advising on, selling and administration of insurance contracts.

We are not authorised by the Financial Conduct Authority. We are, however, included on the register maintained by the Financial Conduct Authority so that we may carry on insurance mediation activity, which is broadly the advising on, selling and administration of insurance contracts. Our registration number is LS 626167. The register can be accessed via the Financial Conduct Authority website at www.fca.gov.uk/register. This part of our business, including arrangements for complaints or redress if something goes wrong, is regulated by the Solicitors Regulation Authority.

We disclaim any liability for client money lost through the default of our bank. Should this event occur you may be entitled to compensation from the Financial Services Compensation Scheme (“FSCS”). The FSCS protects consumers when financial Services fails. It’s a compensation scheme for customers of authorised financial services firms. For further information on this Scheme please visit FSCS website; www.fscs.org.uk.

The Law Society is a designated professional body for the purposes of the Financial Services and Markets Act 2000, but responsibility for regulation and complaints handling has been separated from the Law Society’s representative functions. The Solicitors Regulation Authority is the independent regulatory body of the Law Society. The Legal Ombudsman is the independent complaints handling body who will investigate any complaints made against solicitors. The Legal Ombudsman can be contacted at PO Box 6806, Wolverhampton, WV1 9WJ; telephone: 0300 555 0333; website: www.legalombudsman.org.uk.

 

Criminal Finances Act 2017

The firm is committed to promoting compliance with the requirements of the Criminal Finances Act 2017 within its practices as well as in those areas in which it has influence.

The firm does not tolerate tax evasion, or the facilitation thereof in any circumstances, whether committed by or facilitated by a client, personnel or associated persons/companies.

 

Liability

We will use all reasonable skill and care in dealing with your matter. The provision of our services will be in accordance with our understanding of current professional practice and guidelines and the proper interpretation of the law and regulations on the date on which our service is provided. LegalZoom will not accept responsibility for changes in the law or its interpretation which occur after our service has been delivered to you or which could not reasonably have been known to us at that time.

The services are provided to and for the benefit of you as our customer and you alone. You agree not to communicate anything we tell you to any other person without our consent and you agree to indemnify us against any liability we incur as a result of you communicating anything we tell you to another person without our consent.

We do not seek to exclude or limit our liability (or that of any other person) to you or any third party for fraud, death or personal injury caused by our negligence, or for any other circumstances where the law or our regulatory requirements would prohibit the exclusion or limitation of such liability. Where a client is dealing with us as a consumer, we do not seek to limit or exclude any liability for direct loss.

Subject to the above exceptions:

  1. We will not be liable to you for any indirect, special or consequential loss, any exemplary damages, costs or losses, or any damages, costs, or losses attributable to lost profits or opportunities, arising in any circumstances whatsoever, whether in contract, tort, under statute or otherwise, and howsoever caused (including our negligence or non-performance);
  2. We will not be liable to you to the extent that we are not able to provide our services by reason of any circumstances beyond our reasonable control;
  3. We will not be liable to you where you (or any third party) have provided instructions, information or material to us which is incorrect, misleading or incomplete in material respects;
  4. We will have no liability to any person other than you arising out of or in connection with, or in relation to, our services;
  5. Our maximum liability for any mistake however caused and including our negligence or failure to perform the services is the amount set out in the Professional Indemnity Insurance section of these terms for each and every claim. This amount shall apply to (i) any claim arising for an act or omission, or a series of acts or omissions; (ii) any claim arising from the same or similar acts or omissions in a series of related matters or transactions; (iii) all claims arising from one matter, transaction or assignment;
  6. Where we are instructed jointly by more than one party the maximum liability shall apply to all of you collectively and in total and including anyone claiming through you;
  7. We shall not be liable for any indirect or consequential loss or loss of anticipated benefit or other benefit where the total liability together with any other liability exceeds the maximum amount;
  8. If you instruct other adviser(s) (either directly or through us) on any matter, we will not be responsible to you for the services, advice or information provided by, or for the costs and expenses of, those other advisers. If we become liable to you in relation to any losses and any other adviser(s) are also liable for those losses, you agree that we shall only be liable to bear a fair share of your losses. Where we are jointly liable with any other adviser(s) or we have a right to contribute from any advisers our liability shall be calculated after deducting all amounts for which other advisers are liable to you or us (whether or not such amounts can be collected or would have been liable to you or us but for any limit on or exclusion of or compromise or reduction in liability (whether by law or agreement) in favour of such adviser(s);
  9. We will not be liable to you if you transfer money to a wrong bank account. Please speak to the Wills team before transferring any money. If you receive an email from LegalZoom requesting your bank details, please contact the Wills team immediately to clarify.

 

Notice to Cancel

This section of our terms and conditions consists of a Notice of your Right to Cancel setting out your rights pursuant to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

 

Right to Cancel

You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day of the conclusion of the contract. To exercise the right to cancel you must inform us LegalZoom, 1 Paragon Avenue, Wakefield, WF1 2UF, Telephone 0345 122 8100 , Fax 0345 122 8101, Email feedback@legalzoom.co.uk of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e mail). You may, but are not obliged to, use the model Cancellation Form which can be found here:

https://portal.legalzoom.co.uk/docs/conveyancing/cancellation-form.pdf.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

 

Effects of Cancellation

If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

We will make the reimbursement without undue delay, and not later than –

  1. 14 days after the day we receive back from you any goods supplied, or
  2. (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
  3. If there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement. If you requested to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation from this contract, in comparison with the full coverage of the contract received instructions or information which are of time critical significance

 

Equality and Diversity

LegalZoom will take steps to meet the different needs of all our clients. We will seek to provide services which meet the specific needs in particular of those clients who are vulnerable and/or require adjustments to be made arising from disability; ethnic or cultural background; gender; responsibilities as carers; religion or belief; age, sexual orientation or other relevant factors.

You may, or may not, be a regular user of legal services provided by solicitors. For this reason, we set out in our Terms and Conditions a very detailed explanation regarding the work we are to carry out on your behalf, the costs involved and any other information which may be of assistance to you throughout your transaction. We would, therefore, ask that you read this information very carefully.

If there is any variation in these Terms we will notify you in writing.

In some rare occasions, when we have reviewed your instructions, we may not be able to work for you. If this happens we will inform you as soon as we can and give you a full refund of any money paid on account less the cost of any disbursement already purchased see information herein with regard to Effects of Cancellation

 

Definitions

In these Terms the following words and phrases have the following meaning:

‘you’, ‘client’ or ‘customer’ means the person or people agreeing to these Terms and Conditions relating to the transaction.

‘LegalZoom’, ‘Beaumont Legal’, ‘we’ or ‘us’ means LegalZoom which is the trading name of Beaumont ABS Ltd and our registered office is Beaumont House, 1 Paragon Avenue, Wakefield WF1 2UF, where a list of directors can be inspected. Beaumont ABS Ltd is registered in England and Wales under registration number 09771974, VAT number 224179417 and is authorised and regulated by the Solicitors Regulation Authority under registration number 626167.

 

Work to be done

You are instructing us to prepare a Will on your behalf. Our instructions are limited to the drafting of your Will in accordance with your instructions and guidance as to the proper legal execution of the Will. Once you have signed your Will, if you choose to return it to us, we will review it to make sure that the signature is valid, that the Will is correctly dated and that it is properly witnessed. We will then store your original Will for you until requested by you in your lifetime, or your executors following your death.

You are not instructing us to undertake any review of your individual circumstances and we will not advise you as to the suitability of your instructions with regard to your circumstances.

 

Responsibility for the Work

The Wills Team will be responsible for carrying out the work on your matter. The team is made up of Solicitors, Trainee Solicitors and Legal Assistants.  Thomas Grice is a Solicitor and will be the person response for managing your Will transaction.  You can contact him on 0345 122 8064 or by email at Thomas.Grice@legalzoom.co.uk. The person with overall responsibility for our Probate work is Rachel Walton who is Legal Operations Director at LegalZoom.

There may be times when he will not be in the office or engaged, however you will be able to speak to the Wills and Probate Team. If they are unable to help they will take a message and he shall telephone you back as soon as possible.

 

Tax and Planning Advice

Any work that we do for you may involve tax implications. We can only offer limited factual advice on inheritance tax and will not be responsible for advising on the wider tax implications of the drafting of your Will.

We will not be providing any advice in relation to tax that is specific to your circumstances.  You should seek specialist advice in this area before you instruct us to draft your Will if you have any queries in relation to tax implications.  This also includes advice in relation to Inheritance Tax. 

 

Timescales

We expect most Will transactions to be completed within 2-3 weeks. Please note this timescale only begins once you have agreed to these Terms and Conditions, made payment, had your identity verified, and provided us with your complete Will instructions by way of completing and submitting your information to us. If you feel the above timescales are not likely to achieve your requirements, then there may be occasions when we can expedite your matter. You should contact the Wills team to discuss this option further.

 

Our Services and Costs

Wherever possible, our work is carried out on a fixed charge basis. Within this fixed charge, we include all conventional work associated with a typical transaction of this type. We confirm that our charges consist of charges for providing our services (e.g. legal charges, bank transfer charges and electronic identification verification charges) plus a number of disbursements.

There are certain costs we have to pay to others on your behalf in order to complete your transaction in addition to our charges for acting for you. All costs we have to pay to others on your behalf are estimated and will also be itemised in our Invoice which will be sent to you during the transaction.

Costs we have to pay to others on your behalf are goods or services, necessary to you, supplied, not by us, but by other firms/organisations. This is why, although we use our expertise to give you the estimate of these costs at the start of your transaction, you agree you will have to pay the actual amount, as outlined in your final Invoice, even if this differs from our estimate below. Our experience shows that these prices rarely fluctuate but they can do so.

 

Fees

We will charge a fixed fee of £140.00 for the preparation of your Set of Mirror Wills.

 

Payment

We require payment in full before we create your Will. We will not provide you with a copy of your Will until we have received full payment.

We also reserve the right to discontinue work on any other file which we may be dealing with for you, until your bill is settled.

If our Invoice is not settled within 14 days then we reserve the right to charge you interest at the rate of 8% on the balance outstanding.

Should we need to recover any of our Charges, you will reimburse all our costs and expenses incurred in the collection or recovery of any overdue amount.

 

Debit/Credit Card Handling Fees

We will, where possible, provide you with the facility to make payments to us on account of costs or disbursements by way of debit / credit card through our chosen payment services provider. There can be occasions where our chosen payment services provider charge us a card handling fee for processing these types of payments. These handling fees may vary depending on the amount of the payment you are making.

We want to make it clear to you that we will be responsible for any card handling fees charged by our payments services provider – we will never pass these handling fees on to you.

Any deductions made by our payment services provider from the payment you have made to us by debit/credit card before the amount is credited to our client account will be reimbursed immediately to your client monies on the same day it is credited to us.

We want to reassure you that the money you pay to us will be the same amount we credit to your client account

 

Referral Fees We Pay

In some cases, LegalZoom may pay a referral fee to third parties or introducers of business. Referral fees can vary depending upon the introducer. We have set out below the amount, if any, of the referral fee and the introducer to whom it will be paid. In these circumstances, it is LegalZoom, not you, who are liable to pay the referral fee. We will not be passing the cost onto you.

In your case there is no referral fee payable.

 

Interest on your Monies

Any money received on behalf of clients will be held in our client account. We maintain an instant access account to facilitate a transaction consequently the amount of interest earned will usually be less than would be earned if the money were held in a deposit account. In those circumstances where interest would usually be calculated and paid to the client at the rate from time to time payable on a UK high street bank’s instant access accounts, the period for which interest will be paid will normally run from the date(s) on which funds are received by us until the date(s) of issue of any cheque(s) from our client account. Also in these circumstances, we may retain an amount of any such interest as and when calculated to help us cover the administrative expenses of arranging these calculations and payments.

However, by agreeing to these Terms, you agree that we shall not be required to open a deposit account or account to you for any interest which may accrue on any monies received by us at any stage of the transaction. This in turn allows us to offer to you our “Fixed Fee” services. If you believe that there are unusual circumstances, you may request a review the file to determine whether it would be fair and reasonable in the circumstances to make the payment of interest to you despite the nature of the “Fixed Fee” services.  A full copy of our Interest Policy is available upon request.

 

Payment to Charity

Whilst we will always work to ensure all funds are accounted for at the end of a transaction, sometimes there is a small balance due to you after completion of your matter. This can occur, for example, when there are changes in the costs we pay to external parties, or when we receive a refund. If this sum is less than £20.00, due to the administrative costs in making the payment, we will automatically send the funds to Charity. Details of the nominated charity are available on request. By agreeing these terms, you consent to us making that payment.

 

LegalZoom acting as executor

You do not have to appoint a solicitor or other professional executor.  You can appoint a lay person as an executor in which case such a person may choose to engage the services of a professional such as a solicitor to assist with the administration of the estate.

If you appoint LegalZoom as your executor we will charge an hourly fee for administering the estate in line with our charge out rates at the time at which the appointment becomes effective.  The current hourly charging rate for this type of work is £225 per hour plus VAT.

Typically, for a straightforward modest estate we estimate that between 7 and 15 hours’ work would be needed for us to administer the estate.  We do not charge any additional percentage in dealing with the estate, nor do we charge any additional fees over and above our normal legal fees for acting as executors.

 

Email Communication

To avoid delays and improve efficiency, our preference is to communicate with you by e-mail.

If you provide us with an email address, this will be your confirmation that you are happy for us to communicate with you in this way.

Please note we may also use this to inform you of other legal services which we feel may be relevant to you. If you do not wish us to recommend any other legal service, please inform a member of the Wills team.

We would ask that if you do email us with any information relating to your transaction or with an enquiry that you give us a reasonable time to provide you with a response. We will not necessarily acknowledge receipt of your email. Our service standards for responding to email communications are clearly set out in the section entitled ‘Setting Standards’ above.

Our email communications may include correspondence or documentation which is not encrypted before it is sent. Therefore, it is possible that confidential information concerning your matter may be intercepted intentionally or by accident and read by a third party. If this could cause you a problem, then please let us know in writing if you do not wish us to make contact with you in this way or send confidential information to you.

We may email you the documents that you are required to sign. If this is the case, then please note that we will not send you a copy in the post. We would ask you to print these out single sided (not duplex), sign them in accordance with the instructions in the accompanying paperwork and then return them in the post to us. We cannot accept scanned versions of your signed documents and will require the originals to be posted to us.

Please be aware that there is no guarantee that an email will reach us in predetermined time or the person receiving the email may be away from their desk when it arrives. If the email is urgent you should contact us by telephone to ensure it has been received and read.

LegalZoom does not accept any responsibility for viruses or other malware contained in emails and you should scan or otherwise check emails and any attachments.

 

Money Laundering Regulations

Payment of our fees can be made by card payment and you must not use a card registered in anybody else’s name but your own (joint accounts are acceptable). The payment card must be registered to your home address.

Under The Proceeds of Crime Act 2002 and Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, we have a duty to report to the National Crime Agency any client transaction which we know or suspect may involve money laundering. If we decide, in our sole discretion, that we are required to report the transaction on which you have instructed us, we may do so without your prior authority or knowledge. We are not permitted to tell you if we make such a report.

 

Verification of Identity

When you instruct LegalZoom to act on your behalf, we are required by Law to obtain confirmation of your identity to comply with The Money Laundering regulations. As an innovative firm, we now use the latest technology to ensure that this legal requirement is satisfied with as little inconvenience to you. In order to verify the information regarding your identity you provide, we may make searches about you with a Credit Reference Agency or Fraud Prevention Agency; this will include information from the Electoral Roll. The agencies will record the details of the search, whether or not your transaction proceeds. We are required to point out that some financial institutions may share these searches in order to prevent fraud. Scoring methods may be used as part of this process.

We will ask you to provide us with copies of up-to-date proof of identity in order to perform the electronic check detailed above. We require one document from List A and one document from List B below for each person. We will use these documents, together with any electronic check, as detailed above, to satisfy our anti-money laundering requirements. Any documents provided to us will be recorded and copied for audit purposes as part of these requirements. Where we make an electronic identity check we reserve the right to make a charge to you of £12.50 plus VAT per name we search against.

List A

  • A valid full UK passport
  • A valid H M forces identify card with the signatory’s photograph
  • A valid UK Photo-card driving Licence

List B

  • A bank statement/credit card statement not more than 3 months old (not an internet statement)
  • A firearm and shot gun certificate
  • A council tax bill or utility bill less than three months old
  • A council rent book showing the rent paid for the last three months
  • A mortgage statement for the mortgage accounting year just ended

Should we be unable to verify your identity, for any reason, using the electronic method, then we will ask you to have your identity verified by an independent person who should meet in person and who should supply us with certified copy of the documents. Documents must be certified by a Bank Official, Doctor (registered with the GMC), Accountant (registered with the ICAEW), FCA-registered Financial Advisor or Solicitor (who should hold a current Practising Certificate with the SRA). When certifying the documents, they must certify that the documents are true and complete copies of the originals, and, in the case of photographic identification, they must certify that they have attended you personally and that they are satisfied that you are the person to whom the document relates. If possible they should also provide a covering letter confirming this information. Please note that these must be the hard copy documents showing the original certification and signature, and we will not be able to accept scanned copies by email. We would suggest the following wording is used:

I/We confirm that I/we have personally attended (insert name(s)) and have had sight of his/her original identification

documents. I/We can confirm that the copy documents are complete copies of the originals and the photograph(s) is/are a good likeness of (insert name(s).

Please note that we do not accept original identity documents through the post as evidence of identity and we can only accept original identity documents if you attend our offices with the same.

Please note that any searches and copy documents will be securely maintained on the file for your data and papers in pursuance of our data protection policy (see below). The uses that will be made of the data will be as follows:

  1. to provide confirmation of the identity of the person(s) providing it;
  2. to verify the proprietors on the title registers of the Property, and
  3. any requirements for any lenders (if applicable) under the UK Finance Mortgage Lenders’ Handbook for conveyancers. The data will be stored for as long as required by law, which in most cases will be our usual file retention period from the date of the file being archived (please see the Storage of Papers and Documents section). The data will be stored for longer than this if necessary, such as when litigation has arisen or may be pending, checks have or may become relevant in proceedings.

We reserve the right to carry out an electronic identity check at our own expense at any stage of a matter.

In situations where you are not resident in the United Kingdom, or some of the purchase monies are coming from abroad, additional identification checks will be required. We will levy an additional professional charge for these checks based upon the time involved and any costs we have to pay to others on your behalf incurred by the firm

 

Setting ourselves standards

We aim to meet certain standards with regards to customer care.  Such standards include:

a) customers should receive copies of all important paperwork and, where possible, keeping the customer informed of progress made;
b) returning your calls within the same day where possible, and certainly no later than the end of the next working day;
c) emails and text messages from you within 2 working days and letters from you within 3 working days;
d) writing to you in plain and clear English;
e) making appointments to see you without delay.

Please bear these timescales in mind when contacting us and afford us the time to respond to enquiries within the timescales we have set. We are sure that you will appreciate that these timescales are in place to ensure all clients receive our best attention.

On the whole we expect to exceed these standards and in return we expect you to respond to our requests promptly and to pay the price of our legal services and any costs we pay to others on your behalf without delay.

 

Complaints

We hope you will be happy with the standard of attention you receive in relation to your matter. We would highlight that in the event you feel you need to raise a concern, it should, in the first instance, be referred to the person handling your case either by post, email or telephone. The complaint does not have to be put in writing, although setting out clearly the issues and the action you wish us to take may help us to resolve your concerns more quickly.

If these steps do not resolve the problem or you feel you cannot speak to their supervisor, then please contact our Head of Compliance, Helen Torresi. If you wish to contact her, please provide all the relevant details by emailing at compliance.team@legalzoom.co.uk or by writing to Beaumont House, 1 Paragon Avenue, Wakefield, WF1 2UF.

Details of the person handling your case and their supervisor can be found in the section Responsibility for the Work.

We have a procedure in place which details how we handle complaints and a copy of our complaints policy is available upon request. We would specifically highlight that your complaint can include a complaint about the firm’s bill. If the complaint is still not resolved at the end of this complaints process, you have the right to refer your complaint to the Legal Ombudsman: PO Box 6806, Wolverhampton, WV1 9WJ Telephone: 0300 555 0333 Website: www.legalombudsman.org.uk The Legal Ombudsman can only investigate complaints up to six years from the date of the problem happening or within three years of when you found out about the problem. You should also make your complaint within 12 months of the date of our last response to you.

Alternatively, as we strive to provide the utmost professional high quality service we need to know if you have received this level of service to enable us to continue to develop our employees. If you feel that the service you have received has exceeded your expectations then we would be happy to hear your comments. Positive feedback is sometimes overlooked but when received is passed immediately onto our employees.

You may e-mail your comments to: feedback@legalzoom.co.uk

 

Professional Indemnity Insurance

LegalZoom carries compulsory level Professional Indemnity Insurance for £3 million (which is the maximum liability amount referred to in these Terms) with AmTrust Europe Limited who can be contacted at C/O Solicitors Claims Department, Howden UK Group Limited, 16 Eastcheap, London, EC3M 1BD. The policy covers the provision of legal services by LegalZoom anywhere in the world.

 

Applicable Law

Any dispute or legal issue arising from the Terms will be determined by English law and will be submitted to the exclusive jurisdiction of the English courts.

 

Conflicts of Interest

If a conflict arises between your interests and the interests of any other client or member of this firm, we will not be able to continue acting for you and we will notify you in writing as soon as possible.

 

Our Duty of Confidentiality

Please also refer to our Privacy Policy Statement https://www.legalzoom.co.uk/legal-privacy-policy/ when reading this section. We will treat any information which is confidential to you and which we obtain as a result of acting for you as strictly confidential, save:-

  • for the purpose of acting for you; or
  • for legitimate interest disclosures to our auditors or other advisers or for the purposes of our professional indemnity insurance; or
  • as otherwise required by law or other regulatory authority to which we are subject.

If You do not wish to disclose Your Details and file to be released You must notify Us in writing and discuss this with us when accepting the terms and conditions and/or completing the Instruction Form/other such documents. We may be unable to act for you in such circumstances.

We may refer publicly to your name as a client of ours, which we believe is a legitimate interest in collecting and promoting client feedback provided we do not disclose any information which is confidential to you.

We shall be under no duty to disclose to you (or take into account in the course of providing the Services) any information acquired by us in acting for any other client or any information in respect of which we owe a duty of confidentiality to a third party.

 

Your Duty of Confidentiality

Our advice and other communications with you are confidential and may not, without our consent, be disclosed by you to any third party (other than to your employees and agents who require access and who do not disclose it further) or otherwise made public except as required by law or other regulatory authority to which you are subject.

If, as a result of our acting for you, you acquire any information in respect of which we notify you that we owe a duty of confidentiality to a third party you will keep it confidential and not use it without our consent.

 

Information About You

We may use the information which you provide, or which we obtain through our dealings with you, or others for the provision of Services to fulfil our contractual obligations to you or the legitimate interests of you, ourselves and others.  We may give it on a confidential basis to our Directors, employees and agents. We may use it to administer your account with us, including tracing and collecting any debts.  Further information is provided within our Privacy Policy / Statement a copy of which can be made available on request.

We may also use it to ensure legitimate interests in the safety and security of our premises (where we may also use CCTV); for fraud prevention purposes (including verification checks for our money laundering obligations); to assess client satisfaction (such as by asking you to participate in surveys); and to help improve our services generally.

We may also use it to contact you by letter, telephone, e-mail or otherwise about our services and about events such as seminars and conferences and to send you briefings and similar material. By accepting these terms and conditions you are agreeing that we may use your contact details and information in this way. If you do not wish to be contacted or having provided consent previously you wish to withdraw or amend it, please inform us in writing.

Sometimes we ask other companies or people to do administration duties on our files to ensure this is done promptly and to be able to provide the service at the price quoted. We believe we have a legitimate interest in doing this.  We will always seek a confidentiality agreement with these outsourced providers.

We store information about You, Your Matter or any other Documents and correspondence relating to Your file(s) using cloud based technology. Again we believe we have a legitimate interest in acting in this way and take every possible precaution to protect your personal information.

  

Conflicts of Interest

We recognise the importance of ensuring that no potential or actual conflict arises between your interests and the interests of any other client or member of this firm. If a conflict does arise, we may not be able to continue acting for you. Should this happen, we will discuss it with you to agree the way forward.

 

Authorities

You must ensure that we are made aware of any limitations that you wish to place on our authority to represent you in your transaction. You are responsible for providing, in good time, all authorities that we may need to progress your transaction and to keep us informed of any relevant changes. You are responsible for making us aware of any time critical significance in connection with any instruction or information you provide to us

 

Data Protection: The Use and Disclosure of your Personal Information

You have a series of rights outlined under Data Protection legislation over how your personal data is used, including erasure in specific circumstances. However, we may not always be able to agree with the exercise of such rights, as often your personal data remains necessary in relation to the purpose for which it was originally collected and processed. Further information is available in our Privacy Policy, a copy of is available on request or can be viewed on our website at any time.

 

What personal information we process

The categories of personal data we process include general personal data (which includes normal personal data, personal identity, email addresses and personal financial data) and special categories of personal data if these have been voluntarily provided to us (which includes ethnicity, nationality and medical history).

 

How we use your personal information

When your file is open, the personal data is necessary in relation to the purpose for which it was originally intended. We process your personal information to fulfil our contract with you, or where you or we have a legitimate interest in doing so, where otherwise permitted by law, or to comply with applicable law and regulation. We use your personal information for the following purposes and circumstances::

  • Service provision and internal processing (i.e. to assess and/or provide and to service your matter).
  • To our suppliers, to the extent they need your personal information to carry out the processing.
  • Management of relationship (e.g. to develop your relationship with us) which includes the recommenders (where applicable)
  • Resolving queries.
  • Training and service review (e.g. to help us enhance our services and the quality of those services).
  • Statistical analysis (e.g. to help us enhance our products and services or delivery channels to keep costs down).
  • Complying with legal obligations (e.g. to prevent, investigate and prosecute crime, including fraud and money laundering).
  • To our electronic verification service provider and to fraud prevention agencies to enable us to comply with our legal obligations under the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017
  • To Banking institutions, if required, to carry out inter- bank transfers.
  • To our insurers, regulators, Law Society accreditation services and warranty providers to comply with our legal obligations
  • With Sub contractors where necessary to the fulfilment of the agreement
  • To send you information which is not connected with the matter you instructed us although the firm believes you should consider as part of the legal advice under our fulfilment of our contract with you. (eguidance and advice on a Trust Deed and/ or a Will when purchasing a property etc)
  • With your consent
  • If we are required to do so by law

When your matter is completed and / or your file is closed, we may still process your personal information where we have a legitimate interest in doing so, where we are permitted by law, or to comply with applicable laws and regulation.

Examples of such instances will include:

  • Complying with legal obligations for statutory and regulatory requirements including for example, HMRC Returns, Land Registry, complaint handling, anti-money laundering, reporting to our regulatory body – the Solicitors Regulation Authority, Our insurers, warranty providers and persons acting as our agents;
  • Archiving and Storage of your file for the periods outlined in our Storage of Papers and Documents Procedure of these Terms and Conditions. (Archiving and Storage of personal data is still classed as a processing activity even though it is not being regularly accessed and remains securely locked away); and
  • Our legitimate interests to conduct conflict of interest checks, statistical analysis and research to help us enhance our products and services.

 

How We Share Your Information

We may share your personal data with a range of organisations which enable us to fulfil our contract with you, or where we have legitimate interests to do so, or otherwise are required by applicable law and regulation.  We can provide more details specific to your personal data on request.

For further information on how we use your data please see our Privacy Policy which is available on request or can be viewed and downloaded from our firm’s website.

By confirming your agreement to proceed with the firm’s terms and conditions, you are accepting that we may use your data in the above ways.

You have a right to complain to the Information Commissioner’s Office (https://ww.ico.org.uk ), which regulates the processing of personal data. You may also seek a judicial remedy.

 

Storage of Papers and Documents

After completing the work, we will be entitled to keep all of your papers and documents while there is money owing to us for our professional fees or disbursements.

We will keep your file of papers (except any of your papers which you ask to be returned to you) on completed transactions for a minimum of six years on the understanding that we have your authority to destroy it after this period of time. This does not apply to documents or deeds that you have deposited with us for safe custody. We reserve the right to destroy correspondence files without notice when your transaction is aborted prior to exchange of contracts.

We do not normally charge you for retrieving papers or documents from storage if it is in relation to continuing or new instructions. However, we reserve the right to make a charge, other than in such circumstances, based upon time spent producing stored papers or documents together with time spent reading, corresponding or other work necessary to comply with your instructions. Our minimum fee for such retrieval is £50.00 plus VAT. When photocopying is required, then this is charged at £0.25 plus VAT per sheet.

We may agree to store title deeds, wills and other especially valuable documents in safe custody for you if you require and, if we do, we will not, without your consent, destroy any such documents.

By agreeing to these terms you agree that, if you return your Original Will to us for storage, you are happy for the Will to be stored by any company within the control of LegalZoom International Holdings Ltd.

We do not accept responsibility for the loss or damage of any item which we hold on your behalf unless we expressly agree in writing to the contrary.

 

Financial Services and Insurance Contracts

We are authorised and regulated by the Solicitors Regulation Authority and our registration number is 626167. We also carry on insurance mediation activity which, broadly, is the advising on, selling and administration of insurance contracts.

We are not authorised by the Financial Conduct Authority. We are, however, included on the register maintained by the Financial Conduct Authority so that we may carry on insurance mediation activity, which is broadly the advising on, selling and administration of insurance contracts. Our registration number is LS 626167. The register can be accessed via the Financial Conduct Authority website at www.fca.gov.uk/register. This part of our business, including arrangements for complaints or redress if something goes wrong, is regulated by the Solicitors Regulation Authority.

We disclaim any liability for client money lost through the default of our bank. Should this event occur you may be entitled to compensation from the Financial Services Compensation Scheme (“FSCS”). The FSCS protects consumers when financial Services fails. It’s a compensation scheme for customers of authorised financial services firms. For further information on this Scheme please visit FSCS website; www.fscs.org.uk.

The Law Society is a designated professional body for the purposes of the Financial Services and Markets Act 2000, but responsibility for regulation and complaints handling has been separated from the Law Society’s representative functions. The Solicitors Regulation Authority is the independent regulatory body of the Law Society. The Legal Ombudsman is the independent complaints handling body who will investigate any complaints made against solicitors. The Legal Ombudsman can be contacted at PO Box 6806, Wolverhampton, WV1 9WJ; telephone: 0300 555 0333; website: www.legalombudsman.org.uk.

 

Criminal Finances Act 2017

The firm is committed to promoting compliance with the requirements of the Criminal Finances Act 2017 within its practices as well as in those areas in which it has influence.

The firm does not tolerate tax evasion, or the facilitation thereof in any circumstances, whether committed by or facilitated by a client, personnel or associated persons/companies.

 

Liability

We will use all reasonable skill and care in dealing with your matter. The provision of our services will be in accordance with our understanding of current professional practice and guidelines and the proper interpretation of the law and regulations on the date on which our service is provided. LegalZoom will not accept responsibility for changes in the law or its interpretation which occur after our service has been delivered to you or which could not reasonably have been known to us at that time.

The services are provided to and for the benefit of you as our customer and you alone. You agree not to communicate anything we tell you to any other person without our consent and you agree to indemnify us against any liability we incur as a result of you communicating anything we tell you to another person without our consent.

We do not seek to exclude or limit our liability (or that of any other person) to you or any third party for fraud, death or personal injury caused by our negligence, or for any other circumstances where the law or our regulatory requirements would prohibit the exclusion or limitation of such liability. Where a client is dealing with us as a consumer, we do not seek to limit or exclude any liability for direct loss.

Subject to the above exceptions:

  1. We will not be liable to you for any indirect, special or consequential loss, any exemplary damages, costs or losses, or any damages, costs, or losses attributable to lost profits or opportunities, arising in any circumstances whatsoever, whether in contract, tort, under statute or otherwise, and howsoever caused (including our negligence or non-performance);
  2. We will not be liable to you to the extent that we are not able to provide our services by reason of any circumstances beyond our reasonable control;
  3. We will not be liable to you where you (or any third party) have provided instructions, information or material to us which is incorrect, misleading or incomplete in material respects;
  4. We will have no liability to any person other than you arising out of or in connection with, or in relation to, our services;
  5. Our maximum liability for any mistake however caused and including our negligence or failure to perform the services is the amount set out in the Professional Indemnity Insurance section of these terms for each and every claim. This amount shall apply to (i) any claim arising for an act or omission, or a series of acts or omissions; (ii) any claim arising from the same or similar acts or omissions in a series of related matters or transactions; (iii) all claims arising from one matter, transaction or assignment;
  6. Where we are instructed jointly by more than one party the maximum liability shall apply to all of you collectively and in total and including anyone claiming through you;
  7. We shall not be liable for any indirect or consequential loss or loss of anticipated benefit or other benefit where the total liability together with any other liability exceeds the maximum amount;
  8. If you instruct other adviser(s) (either directly or through us) on any matter, we will not be responsible to you for the services, advice or information provided by, or for the costs and expenses of, those other advisers. If we become liable to you in relation to any losses and any other adviser(s) are also liable for those losses, you agree that we shall only be liable to bear a fair share of your losses. Where we are jointly liable with any other adviser(s) or we have a right to contribute from any advisers our liability shall be calculated after deducting all amounts for which other advisers are liable to you or us (whether or not such amounts can be collected or would have been liable to you or us but for any limit on or exclusion of or compromise or reduction in liability (whether by law or agreement) in favour of such adviser(s);
  9. We will not be liable to you if you transfer money to a wrong bank account. Please speak to the Wills team before transferring any money. If you receive an email from LegalZoom requesting your bank details, please contact the Wills team immediately to clarify.

 

Notice to Cancel

This section of our terms and conditions consists of a Notice of your Right to Cancel setting out your rights pursuant to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

 

Right to Cancel

You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day of the conclusion of the contract. To exercise the right to cancel you must inform us LegalZoom, 1 Paragon Avenue, Wakefield, WF1 2UF, Telephone 0345 122 8100 , Fax 0345 122 8101, Email feedback@legalzoom.co.uk of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e mail). You may, but are not obliged to, use the model Cancellation Form which can be found here:

https://portal.legalzoom.co.uk/docs/conveyancing/cancellation-form.pdf.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

 

Effects of Cancellation

If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

We will make the reimbursement without undue delay, and not later than –

  1. 14 days after the day we receive back from you any goods supplied, or
  2. (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
  3. If there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement. If you requested to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation from this contract, in comparison with the full coverage of the contract received instructions or information which are of time critical significance

 

Equality and Diversity

LegalZoom will take steps to meet the different needs of all our clients. We will seek to provide services which meet the specific needs in particular of those clients who are vulnerable and/or require adjustments to be made arising from disability; ethnic or cultural background; gender; responsibilities as carers; religion or belief; age, sexual orientation or other relevant factors.