Please read these terms carefully as they set out the terms on which the Services (as defined below) will be provided to you. Unless other terms are agreed way of a written amendment signed by you and us, the contract between us in respect of the Services will be on the terms set out below.

GLOSSARY
Certain words and expressions used in, and principles of interpretation applicable to, these terms are defined or set out in clause 13.
COMMENCEMENT
This Agreement begins on the date of your registration on our website.
SERVICES
1. Scope
  1. Subject to this Agreement, we shall supply the following services (the Services):
    - use of our online drafting tool to write a Will or any other document we make available on our website having regard to the laws of England and Wales;
    - legal advice and assistance when you are on-line and writing or amending your Will or any other document we make available on our website using our drafting tool during the hours of 10 a.m. to 7 p.m. each Business Day and during the hours of 10 a.m. to 4 p.m. at weekends and Bank Holidays (Legal Support);
    - at your request, transfer the document you have created and associated information to one of our selected law firms, at which point the terms and conditions of the law firm shall apply;
    - the ability to download a copy of the document created using our drafting tool for execution and attestation as applicable.
  2. The Services are provided for domestic and private use only, and you do not have permission to use them to provide a service to a third party.
  3. The terms set out in this Agreement only apply to the Services to the exclusion of all other terms; for the avoidance of doubt any terms that apply to any other services we may provide to you do not apply to the Services.
2. Law Firm Advice
  At your option, we will transfer your draft will and interview questions and answers to one of our selected law firms for that firm to advise you. The services provided by the law firm shall be charged for by that law firm and subject to its terms and conditions.
3. Standards
  1. We shall supply the Services with reasonable care and skill, but you take full responsibility for your answers to the online interview conducted when you use our drafting tool, except to the extent you have relied on Legal Support when doing so.
  2. As you are dealing as a consumer, you have certain statutory rights as a consumer, and these statutory rights are not, and will not, be affected by any statement contained in these Terms of Business (and, in particular, any provision which has the effect of limiting our liability to you).
4. Time for performance
  Unless otherwise agreed in writing, all dates or other times for delivery of Services are estimates only, except that we shall use our reasonable endeavours to perform the Services no later than the date or time stated, and in default of a date or time agreed in writing, the Services shall be delivered within a reasonable time; time for which is not of the essence.
5. Use of Bequeathed
  1. Bequeathed is protected by copyright. You may use Bequeathed only for the purposes of using the Services in accordance with this Agreement.
  2. The Bequeathed name and associated logos are our trade marks.
  3. You agree to help us by:
    - providing accurate, and up to date information as required by the registration forms on Bequeathed;
    - keeping us informed of any changes to such information; and
    - reporting any misuse of Bequeathed or any misleading or inappropriate material on the website that you become aware of.
  4. You agree not to use Bequeathed to:
    - impersonate any person or falsely state or otherwise misrepresent yourself, or your relationship with any person or organisation
    - use or attempt to use the account of any other user without the consent of that user or our prior written authorisation;
    - upload, publish or display any personal or confidential information of any person or organisation without their prior consent;
    - upload, share or otherwise make available any material that contains viruses or malware;
    - upload, share or otherwise make available any material which may be defamatory, illegal, discriminatory in any way, of a sexual nature or otherwise offensive or harmful to other users of Bequeathed or others;
    - upload, share or otherwise make available any material which is deliberately misleading or fraudulent; or
    - intimidate or harass any person or organisation.
  5. We reserve the right to remove from Bequeathed any material that we consider to be in breach of clause 3.5.4.
  6. We use cookies on Bequeathed. For further information on how we use cookies see our cookie policy.
  7. During your use of Bequeathed we may provide you with information regarding charities and executor services.
6. Technical issues
  1. We do not offer any assurance that Bequeathed will be compatible with your computer.
  2. On occasion Bequeathed may not be available and your access to Bequeathed may from time to time be interrupted or contain errors. We will not be liable if we are unable to provide Bequeathed for any reason.
7. Your Content
  1. You grant us a non-exclusive, irrevocable, royalty free licence to use, act upon, store and comply with all information and instructions that you upload or otherwise provide to us in connection with your use of Bequeathed (“Your Content”).
  2. You confirm and warrant to us that you have the right to provide Your Content.
  3. You warrant that you have all necessary consents from relevant individuals to upload their personal data via Bequeathed and that by doing so you do not, and will not cause us to breach, any applicable law or regulation relating to data protection.
  4. So that we can give you a wide variety of resources, Bequeathed may include hyperlinks to websites operated by other parties. Although they may be of use, we have not examined or evaluated them and we are not able to confirm or check their content. We have no control over the content of external Internet sites that link to Bequeathed or which are linked from it.
  5. We do not accept liability for any content posted to Bequeathed by visitors.
8. Recording of telephone calls
  All Legal Support given over the telephone will be recorded and the recording will be posted to your account in accordance with our procedures from time to time, which unless we agree otherwise with you, will comprise attaching the recording to a help ticket.
SECURITY
1. During registration you will be issued with a username and password which will allow you to use your account and the materials available to registered users. Please keep the username and password confidential. It would be helpful for security reasons if you do not leave your computer unattended while logged on to Bequeathed and if you log off each time you are finished using it.
2. If you have registered as a user of Bequeathed, we are not liable for any loss, damage, cost or expense you suffer as a result of someone using your account without permission due to your failure to keep your account and password confidential and secure until you have let us know of the suspected breach of security and we have had a reasonable time to take appropriate measures.
3. Please let us know as soon as possible if you think that an unauthorised person knows your username or password or has access to your account.
4. To ensure we keep Bequeathed secure we may need to suspend or terminate your account if we suspect an unauthorised person is attempting to access it.
CONFIDENTIALITY
1. Undertakings of confidentiality
  1. We and you each undertake to the other in relation to the Confidential Information of the other:
    - to keep all Confidential Information confidential;
    - not to disclose Confidential Information without the other’s prior written consent to any other person except those of its employees who have a need to know the Confidential Information;
    - not to use Confidential Information except for the purposes of performing its obligations under this Agreement (and in particular not to use Confidential Information to obtain a commercial, trading or any other advantage); and
    - to keep separate from all other information all Confidential Information in its possession or control.
  2. The provisions of clause 5.1.1 shall not apply to Confidential Information to the extent that it is or was:
    - already in the possession of the other free of any obligation of confidentiality on the date of its disclosure;
    - in the public domain other than as a result of a breach of this clause 5.1;
    - required to be disclosed:
      - pursuant to applicable law, or the rules of any exchange on which the securities of a party are or are to be listed; or
      - in connection with proceedings before a court of competent jurisdiction or under any court order or for the purpose of receiving legal advice,
      but only to the extent and for the purpose of that disclosure.
2. Damages not an adequate remedy
  Each party acknowledges that Confidential Information is valuable and that damages might not be an adequate remedy for any breach of clause 5.1 and accordingly a party will be entitled, without proof of special damage, to an injunction and other equitable relief for any actual or threatened breach of clause 5.1.
DATA PROTECTION
1. We shall comply with the requirements imposed on us under the law and regulation of data protection.
2. Provision of personal data in relation to the Services shall be governed by our Privacy Policy.
3. Where the Services involve the processing of personal data in relation to which you are the data controller, we shall comply with the requirements of the seventh data protection principle.
FORCE MAJEURE
Our or your (as appropriate) obligations under this Agreement shall be suspended for so long as a Force Majeure Event prevents, hinders or delays our respective performance of this Agreement.
RIGHTS OF THIRD PARTIES
Except as provided in this Agreement, this Agreement does not create, confer or purport to confer any benefit or right enforceable by any person not a party to it.
EVIDENCE OF IDENTITY AND MONEY LAUNDERING
1. We are entitled to require you to provide evidence of your identity and the identity of any one you are acting on behalf of, if you are acting as agent.
2. In order to stop money laundering (the movement of money that has been obtained illegally), we may be required to share with the authorities information which you have given us confidentially. We have to tell the government if we suspect that any money laundering is going on in any case with which we are dealing. The law also says that we are not allowed to tell you if we have reported any suspicions in your case.
3. You consent to us reporting to the appropriate authorities any suspicious activities or your involvement in crime, fraud or tax evasion which you reveal to us, as required by the Proceeds of Crime Act 2002.
COMPLAINTS
1. We aim to provide an efficient and professional service. Please contact us if you have any concerns or queries about the service you receive from us.
2. If there is any aspect of our service with which you are unhappy, please discuss the problem with us using online chat.
3. If you are still dissatisfied then contact our Managing Director via jon@bequeathed.org to discuss the problem. Your complaint will be fully investigated and dealt with properly and promptly.
GENERAL
1. Remedies general
  The rights and remedies of you and us under this Agreement are cumulative and are not exclusive of any rights or remedies of you or us provided by law or in this Agreement.
2. Notices
  1. Any notice to be given under this Agreement shall be in writing and shall either be delivered by hand or sent by first class pre-paid post (or in the case of overseas post, by airmail) or facsimile transmission. Delivery by courier shall be regarded as delivery by hand.
  2. Notices shall be sent to the registered office or principal place of business or residence (as appropriate) in the United Kingdom of the relevant party to this Agreement. Notices addressed to us shall be marked for the attention of Company Secretary.
  3. A notice shall be deemed to have been served:
    - if delivered by hand at the address referred to in clause 11.2.2 at the time of delivery;
    - if sent by first class pre-paid post to the address provided for by clause 11.2.2, at the expiration of two (2) Business Days after the time of posting; and
    - if sent by facsimile, at the time of completion of transmission by the sender.
  4. If a notice would otherwise be deemed to have been delivered outside working hours (being 9.00 am to 5.00 pm) on a Business Day under the preceding provisions of this clause 11.2. It shall be deemed to have been delivered at the opening of such normal working hours on the next Business Day.
  5. In proving service of the notice, it shall be sufficient to show that delivery by hand was made or that the envelope containing the notice was properly addressed and posted as a first class pre-paid letter or that the facsimile was despatched and a confirmatory transmission report received.
  6. A party may notify the other of a change to its name, relevant person, address or facsimile number for the purposes of this clause 11.2 provided that such notification shall only be effective on:
    - the date specified in the notification as the date on which the change is to take place; or
    - if no date is specified or the date specified is less than five (5) Business Days after the date on which notice is deemed to have been served, the date falling five (5) Business Days after notice of any such change is deemed to have been given.
  7. For the avoidance of doubt, the parties agree that the provisions of this clause 11.2 shall not apply in relation to the service of any claim form, application notice, judgment or other document relating to or in connection with any proceedings.
3. Waiver
  Any failure or neglect by either party to enforce any of the provisions of this Agreement shall not be construed nor deemed to be a waiver of that party’s rights and does not affect the validity of the whole or part of this Agreement nor prejudice that party’s rights; any waiver by either party of its rights under this Agreement does not operate as a waiver in respect of any subsequent breach.
4. Invalidity
  If any provision of this Agreement is held to be illegal, invalid or unenforceable in whole or part, that provision shall to that extent be deemed not to form part of this Agreement and the legality, validity and enforceability of the remainder of this Agreement shall be unaffected.
5. Assignment and sub-contracting
  1. You shall not without the prior written consent of the other assign, transfer, charge, dispose of, deal with or subcontract its rights or obligations under this Agreement.
  2. We may assign our rights under this Agreement.
6. Governing law
  This Agreement shall be governed by and construed in accordance with English law.
7. Jurisdiction
  1. The courts of England and Wales shall have non-exclusive jurisdiction to hear and determine any suit, action or proceedings, and to settle any disputes, which may arise out of or in connection with this Agreement.
  2. A printed version of these terms will be admissible in court or other proceedings as if they were originally generated and maintained in printed form.
WHO YOU ARE CONTRACTING WITH
This Agreement is between you and Bequeathed Limited (a company registered in England and Wales with company number [xx]).

INTERPRETATION

Definitions

In this Agreement, unless the context otherwise requires, the following definitions apply:

Agreement	the agreement between us and you in relation to the Services governed by these terms.
Bequeathed	all or any of our website within the URL *.bequeathed.org, the drafting tool available on the website, the facility to store documents created using the drafting tool, and all information, guidance and documents we publish and other services we provide, in each case in such form and manner as we may determine from time to time.
Business Day	Monday to Friday excluding public and bank holidays in England and Wales.
Confidential Information	in relation to you or us (as appropriate) all information and trade secrets relating to its business, customers or affairs (as the case may be) which come into the possession of the other party pursuant to the Agreement, whether orally, or in documentary, electronic or other form.
Force Majeure Event	any event which is beyond the reasonable control of us or you (as appropriate), and which affects our or your performance, including acts of God, war, terrorism, fire, and natural disasters, and industrial action of our staff.
Legal Support	has the meaning given in clause 3.1.1(b).
Services	has the meaning given in clause 3.1.1.
we, us or our	refers to Bequeathed Limited
Will	a last will and testament generated by you using the Services, whether executed or not.
you or your	refers to the individual acting in his or her personal capacity (as the case may be) who has registered on our website.
Your Content	has the meaning given in clause 3.7.

References
References to:
1. a statutory provision includes a reference to any modification, consolidation or re-enactment of the provision from time to time in force and all subordinate instruments or regulations made under it except that, as between the parties, no modification, consolidation or re-enactment shall apply for the purposes of this Agreement to the extent that it would impose any new or extended obligation, liability or restriction on, or otherwise adversely affect the rights of, either party;
2. either party includes, where appropriate, persons deriving title under it;
3. includes or including shall be construed without limitation to the generality of the preceding words;
4. any document (including this Agreement) or a provision of it shall be construed as a reference to that document or provision as amended from time to time by agreement between the parties in accordance with this Agreement; -
5. writing includes any method of reproducing words in a legible and non-transitory form, excluding e-mail; and
6. the singular includes the plural and vice versa.
Headings
The headings are for convenience only and shall not affect the interpretation of the Agreement.