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Terms & Conditions

The following standard terms of business apply to all instructions accepted by ECL Power of Attorneys, the Company. All work carried out in the provision of providing a Lasting Power of Attorney Registration form 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

1.1 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
“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.

 

1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:

  • 1.2.1 “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
  • 1.2.2 a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
  • 1.2.3 “these Terms and Conditions” is a reference to these Terms and Conditions and the Schedule as amended or supplemented at the relevant time;
  • 1.2.4 a Schedule is a schedule to these Terms and Conditions; and
  • 1.2.5 a Clause, Section or paragraph is a reference to a Section of these Terms and Conditions (other than the Schedules) or a paragraph of the relevant Schedule.

1.3 The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.

1.4 Words imparting the singular number shall include the plural and vice versa.

1.5 References to any gender shall include the other gender.

2. Procedures

2.1 On the initial appointment your detailed instructions will be taken and appropriate advice given on matters relating to completion of a Lasting Power of Attorney registration form. Any queries or questions will be answered and a full explanation given on the contents and terminology used in the drafting of your Documents.

3. The Company undertakes to

3.1 Comply with your instructions with reasonable skill, care and expedition appropriate to your needs.

3.2 Provide you with the best advice on matters relating to the Lasting Power of Attorney registration form. 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.

3.3 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.

  • 3.3.1 Dispatch of Lasting Power of Attorney registration forms (Telephone Service) – 3 working days

3.4 However where circumstances occur, including those which are beyond the Company’s control, which result 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.

3.5 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.

3.6 ECL Power of Attorneys will not take responsibility for ensuring the validity of your registration from where your form has not been signed or dated correctly. The signing of your Documents must be carried out according to the guidelines given in our documentation which provides you with information on how the Office of the Public Guardian require your form to be signed, dated and witnessed.. All Documents will be supplied to you with full written instructions of how these should be completed.

4. Notice of the Right to Cancel and Refunds

4.1 When you make a payment through our website or over the phone for a product or service from us you enter into a contract governed by these Terms & Condition and regulated by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
Under regulation 29(1) of these regulations you have a right to cancel the contract provided that you notify us within 14 days of the day following the date of order (“The Cancellation Period”).

4.2 If, after your purchase you download the paperwork then under regulation 37(1) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you are giving your express consent to delivery of the digital element of your order (“The Digital Element”) within the Cancellation Period and you are acknowledging that you will lose your right to cancel The Digital Element (The Completed Forms) under regulation 29(1) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

4.3 If you order our Print and Checking service then this is classified as “goods that are made to the consumer’s specifications or are clearly personalised”  and under the regulation 28(1)(b) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 this mean that you are not able to cancel and your right to cancel does not apply.

5. Liability

5.1 If ECL Power of Attorneys fails to perform the Services with care and skill it shall carry out remedial action at no extra cost to the Customer.

5.2 ECL Power of Attorneys shall not be liable to the Customer or be deemed to be in breach of these Terms and Conditions by reason of any delay in performing, or any failure to perform, any of ECL Power of Attorney’s obligations if the delay or failure was due to any cause beyond ECL Power of Attorney’s reasonable control or where the Customer has failed to meet their obligations under Clause 7 below.

6. The Customers Obligations are:

6.1 To disclose all relevant facts and answers to all the questions asked to allow the Company to provide accurate advice and to produce an effective Lasting Power of Attorney registration form. The Company shall not accept liability in respect of information which was not disclosed, and therefore not documented by the person taking your instructions, and which comes to light at a later date as being of relevance and which may affect the validity or content of your Documents or advice given.

6.2 To read through the Registration forms provided, to confirm that they correctly reflect your wishes as to the your Lasting power of attorney registration forms and the names and addresses of the persons mentioned in your Documents are correct, adding any missing data not supplied at the time of taking your instructions.

6.3 To return the Documents together with any amendments to the Company as soon as possible. If you fail to return the Documents to the Company, the Company shall accept no liability for the draft Documents. The Company shall not be responsible for any delay due to your failure to comply with the above.

6.4 To notify the Company if you do not receive your Lasting Power of Attorney registration forms within two weeks of the first appointment, unless otherwise agreed.

6.5 To pay the fee due for the provision of Lasting Power of Attorney Registration forms in full and in accordance with the terms of our invoice.

6.6 If you are having the attestation service, you should arrange for the witnesses to be present at the time of the execution of your Will.

7. Client Care

7.1 The Company is committed to providing the Customer with a high quality service. An essential part of that service is that the Company will communicate effectively with the Customer so that they are kept informed of progress.

8. Our Service

8.1 ECL Wills & Estate Planning (ECL) is not affiliated with the Office of the Public Guardian (OPG).

8.2 By completing our online questionnaire or telephone interview you are placing an order for our services and you will enter a legal contract with us.

8.3 ECL is offering you a service to complete your LPA application form online whilst offering you online guidance throughout the process.Once your application form has been completed and processed, we will forward this documentation on to you along with guidance notes on where the form needs to be signed and how to register the LPA with the OPG.

8.4 ECL will not be registering your LPA with the OPG and the registration fee to register your LPA is not included in our fees.There may be an additional fee which is payable directly to the OPG of up to £82.00 to get your LPA application registered.

8.5 ECL offer two different services, you can choose to complete your information online and then your completed document will be emailed over to you once payment has been received.ECL will not be responsible for any errors made during your entry of the data. ECL will also not be responsible should your registration be rejected by the OPG if any required information or signatures are missing within the information you provide us.

8.6 By registering an account on our website you are consenting to us contacting you via email or by phone, this contact will only be in relation to the preparation of the Lasting Power of Attorney registration forms.

8.7 ECL will not pass on your details to any other party or company.

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Power of Attorney

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