TOB | theplanningcrowd

TERMS OF BUSINESS

TERMS OF BUSINESS FOR WILL WRITING SERVICES

The Planning Crowd Limited (“the Company”) are members of the Institute of Paralegals (“IOP”) (a recognised body of The Professional Paralegal Register) and operate in accordance with their published competency standards and Code of Practice. The purpose of these Terms of Business is to explain to you what your rights and obligations are and what rights and obligations the Company have. All work carried out is subject to these terms except where changes are expressly agreed in writing. The terms of this agreement are governed by English law and any dispute shall be resolved within the jurisdiction of the courts of England and Wales. 
 
Both the Company and the IOP are keen to ensure that the Company provides its services to the highest standards within the profession and in compliance with the IOP Code of Practice. Should you have any questions about our service standards then please email enquiries@tpcrowd.com with your query.
 
 
1. Our Obligations 
1.1 The Company is obliged to give you best advice. We reserve the right to carry out a consultation either in person or via the telephone. In some cases, our advice may mean additional products or services, provided at extra cost either by the Company or another company as recommended by us. You are under no obligation to take up any product or service. Any advice that is given by the Company is based on our understanding of law, practices and procedures at the date of this agreement. The Company is not responsible for any consequences arising from any future changes in law, practices or procedures.  

1.2 The Company has Professional Indemnity Insurance of £5 million to cover claims and losses worldwide (except in the United States and Canada) arising as a result of any negligent act by us. The policy is currently with QBE Insurance Limited and is arranged by Jelf Insurance Brokers Limited, Edgecombe Hall, Richmond Hill, Clifton, BS8 1AT. The Company has Public Liability Insurance of £5 million to cover claims and losses or damages worldwide (except in the United States and Canada) arising from action by us. The policy is currently with QBE Insurance Limited and is arranged by Jelf Insurance Brokers Limited, Edgecombe Hall, Richmond Hill, Clifton, BS8 1AT

 

1.3 The Company may need your written reasoning if you choose not to follow our advice and still want us to arrange transactions or provide services for you. The Company reserves the right to withdraw from any transaction if we are unable to complete your instructions in whole or in part. If we do so withdraw, we will write to you immediately and you will not be liable to pay any such transaction fees. 

 

1.4  The costs of correcting any error or omission on the part of the Company shall be borne entirely by us.

 

1.5   The signing of your documents must be carried out according to the law of England and Wales in order for them to be valid. All documents will be supplied to you with full written instructions on how to attest them correctly. The Company offers an Attestation Service (signing and witnessing of documents) free of charge provided you can attend at our office (address shown overleaf). We also offer a chargeable Attestation Service that supervises the signing and witnessing of your documents at your home. The Company will not accept responsibility for ensuring the validity of your documents where our Attestation Service has not been used, or the execution of your documents not supervised by an agent of the Company. If you are not using the Attestation Service, you should arrange for the witnesses to be present at the time of the execution of your Will

 

1.6 The Company will check your documents free of charge to ensure they have been signed and witnessed correctly. The company reserves the right to charge for issuing replacement documents where the originals have been incorrectly signed or witnessed.

 

1.7 The Company may inform your Executors, Trustees, Guardians and Attorneys of their appointment and send them information of their responsibilities along with an option for them to request an information pack on the full services of the Company where you have expressly agreed to the Company writing to them.

 

1.8 Where the Company offers a Document Storage Service, the Company does not accept any liability or obligation to advise you of any changes in legislation or taxation which may affect you either directly or indirectly and which may necessitate a review of your documents. We recommend that Wills should be reviewed every three years (as a minimum) and when there is any material change in your circumstances, such as divorce, marriage, the birth of children or the inheritance of a large sum of money to name but a few examples. Please refer to our Aftercare Services brochure and the separate terms and conditions for the Private Client Care Plan for further information on keeping your Will up to date.

 

1.9 Where Where the Company offers a Document Storage Service paid for by direct debit, the Company will send a confirmation letter and future payment schedule. The Company will accept a cancellation at any time, but no part refund will be made for any unused periods. You may cancel by writing to your bank and sending a copy to the Company at their postal or email address. A document release fee will be chargeable upon termination, currently £20 plus VAT per client (please contact us for the current price). Again, please refer to the separate terms and conditions for the Private Client Care Plan.

1.10 The Company will maintain client files for a period of 6 years after we are notified of your death, or for a period of 6 years after you have notified us in writing that your document(s) have been revoked, whichever event occurs first. The retention period may be longer where partners or spouses have drafted Wills together, commonly referred to as Joint Wills or Mirror Wills; as details of the individual who passed away first (first death) may be held for six years following the death of the surviving spouse or partner (second death).

1.11 The Company will provide advice free of charge in matters relating to this transaction for its lifetime.

1.12 Your attention is drawn in particular to clause 3.1 below. You acknowledge and agree that we shall have no obligations to you whatsoever (and you shall not be deemed to be our client) until we have received from you either payment of our fees in full or the first payment of our fees under an agreed payment plan. You acknowledge that if you delay such payment, then we will not be able to start providing any services to you. You also acknowledge that we will not commence work during the 14-day cancellation period unless you request this in writing (which for these purposes includes email). 

2     Your obligations 
2.1 To provide sufficient evidence of your identity to enable the Company to confirm your identity and/or comply with Money Laundering Regulations.

2.2 The validity, accuracy and suitability of any documents that the Company provide will partly depend upon the honesty, completeness and accuracy of your answers to our questions. We therefore require you to be open and honest with the information that you provide to us. We cannot be responsible for any loss or liability arising from inaccurate or incomplete information provided by you.

2.3 If you would like the Company to check and validate the attestation of any documents we have produced for you, free of charge, they must be returned to us, within 30 days of our issuing them to you. If you do not return the documents to us, or delay their return, then we cannot accept any liability for matters in which we diligently provided our services and you did not bring any matter of concern to our attention.

2.4 The Service provided by the Company is limited to the production, where possible, of the document(s) arising from your testamentary instructions. Your acceptance of this limitation means that the Company is not liable to you, your estate, or any other party, financially or otherwise, unless our documents are produced incorrectly. Nothing in this clause shall be taken as limiting our liability to you in respect of our fraud or in respect of death or personal injury. We will endeavour to correct any mistakes free of charge provided we are notified of them within 30 days of the documents being produced. 
 
 
3. Timescales 
3.1 During your consultation you will provide us with your testamentary instructions.  It is from these instructions that we produce and draft your legal documentation. We can only start the work once your testamentary instructions are complete i.e. we have the sufficient information necessary for our legal services team to produce your paperwork.

3.2 Once you have started your consultation, and begin to provide your testamentary instructions, your 14-day cancellation period starts.  Unless specifically instructed by you to start work within this 14-day cooling off period, no work will commence. After the cooling off period has expired, and subject to your testamentary instructions being complete, we shall endeavour to issue your documentation within a further 21 days. In the rare event that we are unable to meet the production timescale (i.e. within 21 days of completing your testamentary instructions) we will contact you to advise you of this. You will then have two options (1) accept the new timescale as advised and continue (2) cancel our services and request a full refund.

3.3 We will contact you within 14 days of posting your documentation to confirm you are in receipt. We will not consider this contract completed until it can be reasonably assumed that, or you have acknowledged, safe receipt of all the documents you engaged and instructed us to produce. Should there be no contact between either party to verify receipt of the documents then it will be assumed you are in possession of the documents and we will deem the contract completed at day 49 following the completion of your testamentary instructions.

3.4 Should your testamentary instructions remain incomplete due to failing to sit a consultation, or your failure to provide outstanding information then the Company reserves the right to close your case at day 90 following receipt of these Terms of Business. No refund of any monies paid will be due, but you will be able to complete your testamentary instructions with us at any time after the 90 days and we will provide the services that you originally engaged us to complete. 
 
 
4 Payment Methods 
4.1 Fees may be paid by Credit or Debit Card, cheque or cash. Cash payments are limited to no more than £100.

4.2 The Company’s fees for Will drafting and any additional products or services can be found at www.theplanningcrowd.com

4.3 Where you have authorised a direct debit to pay for Secure Storage and/or Dedicated Aftercare by giving us your bank details, unless the Company receives the cancellation in writing prior to the payment date, no refund will be given.  Please refer to the separate terms and conditions for the Private Client Care Plan. 
 
 
5.Complaints 
5.1 If you are not happy with any aspect of service provided by the Company, you should first of all contact our Customer Services Department on 0333 600 1000.

5.2 If you wish to make a formal complaint about any aspect of service provided by the Company please write to our Customer Services Department at the address shown below or email enquiries@tpcrowd.com. We will acknowledge your letter or email within 5 working days of receipt and then investigate the circumstances of your complaint and write to you with the results of the investigation within a further 28 days.

5.3 If you disagree with results of the investigation by the Company, you can contact the Institute of Paralegals who may consider your complaint further. Please note that you MUST raise your complaint with the Company before you approach the IOP with any issues you may have.

5.4  These complaints’ procedures do not prevent you from seeking other means of redress. 
 
 
6  DNA Samples and Fingerprint Identification

Where we supply a DNA testing kit to you and/or we store a DNA sample for you, the provisions in our separate document “DNA Storage Terms” will also apply. 

7  Use of Personal Information

7.1 The Company takes the security of your personal data very seriously and is compliant with the General Data Protection Regulation.  As the Company is a wholly owned subsidiary of HAIG Consumer Group Limited (HAIG), for the purposes of data protection the “Company” in this section refers to all companies that form part of the HAIG group.

7.2 The legal basis on which any personal information that the Company collects from you, or that you provide to it, will be processed is as follows. This information may be collected during meetings, by completing a contact form on the Company website in correspondence; or during telephone conversations.  

7.2.1 Personal information may be processed by the Company for a number of legitimate purposes, including:

- To carry out its obligations under this agreement.

- To provide you with information, products and/or services which the Company believes may be of interest to you, provided that you have given your consent.

- For accounting purposes and statistical analysis.

7.2.2 The Company will maintain client files for a period of 6 years after your death, or for a period of 6 years after you have notified us in writing that your document(s) have been revoked, whichever event occurs first. The retention period may be longer where partners or spouses have drafted Wills together, commonly referred to as Joint Wills or Mirror Wills; as details of the individual who passed away first (first death) may be held for six years following the death of the surviving spouse or partner (second death).

7.2.3 The Company may disclose your personal information to its partner firms and/or sub-contractors who it relies on to be able to provide its services to you, but in doing so it will ensure that they apply the same or greater controls in terms of data protection as the Company does.

7.2.4 The Company may also disclose your personal information in the following circumstances:

- If the Company or substantially all of its assets are acquired by a third party, in which case personal information held by us about our customers will be one of the transferred assets.

- To prevent fraud or if required to do so by law.

7.2.5 Other than as provided in sections 7.2.1 to 7.2.4 above, the Company will not disclose any personal information to anyone outside of the Company without your specific permission.  Such permission may be obtained and confirmed verbally during your telephone consultation.

7.2.6 Whenever the Company processes personal information as described in sections (a) to (d) above it will ensure that it always keeps the Personal Data rights of you and anyone whose personal information that you provide in high regard and will take account of these rights. You have the right to object to this processing and if you wish to do so, please contact the Company at the address below. Please bear in mind that if you object, it may affect the ability of the Company to carry out its obligations under this agreement and/or to provide products or services to you.

7.2.7 All personal information will be held by the Company under appropriate security and within the European Union.

7.2.8 You have a right to request a copy of the personal information provided by you that the Company processes. If you would like a copy of some or all of this personal information, please contact the Company at the address below.  

7.2.9 The Company wants to make sure that personal information that it processes is accurate and up to date and you may ask it to correct or remove information that you think is inaccurate.

7.2.10 If you wish to raise a complaint on how your personal information has been handled, please contact us and we will investigate further. If you are not satisfied with our response or believe we are not processing your personal information in accordance with the law, you can complain to the Information Commissioner’s Office (ICO). Their contact details are shown below, or they can be contacted at https://ico.org.uk/concerns. 
 
Useful Contact Information 
 
The Planning Crowd Limited, Fidelis House, The Point, Weaver Road, Lincoln, LN6 3QN.   Telephone: 0333 600 1000  Website: www.theplanningcrowd.com  Email: enquiries@tpcrowd.com 
 
Institute of Paralegals, Suite 1 Third Floor, 11-12 St James’s Square, London SW1Y 4LB Telephone: 020 3034 1487  Website: www.theiop.org  Email: office@theiop.org 
 
Information Commissioner’s Office.  Wycliffe House, Water Lane, Wilmslow, SK9 5AF. 

Deemed Delivery. Except as otherwise expressly provided in this Agreement, each such notice shall be effective on the date three days after the date of posting or, if delivered by hand or professional courier, or transmitted via email or facsimile, on the date of delivery, provided, however, that notices to the Company will be effective upon receipt. 

The ‘tick box’ selections below may be completed by verbal agreement during conversations over the telephone and/or during your telephone consultation.

The Company may be asked to share your personal information with The Institute of Paralegals (IOP) to enable them to monitor compliance with their Code of Practice and to test levels of customer satisfaction. If you consent to your information being used for this purpose, please tick this box: 

  I / WE AGREE

We may from time to time wish to contact you with newsletters or information regarding products and/or services which we provide. If you consent to us contacting you for this purpose please tick to say how you would like us to contact you:  POST EMAIL TELEPHONE TEXT MESSAGE

We would also like to pass your details onto Planning Financial Solutions Limited, who work very closely with us to provide general insurance products, life insurance products, mortgage advice and other financial services to our clients, so that they can contact you by telephone with the details of the regulated services that they can provide. If you consent to us passing on your details for that purpose, please tick this box:

 I / WE AGREE TO BE CONTACTED BY TELEPHONE BY PLANNING FINANCIAL SOLUTIONS LIMITED

Please note that any consents given by you can be withdrawn by you at any time. You can inform us by post, telephone or email. 

 

The Company (a wholly owned subsidiary of HAIG Consumer Group Limited (HAIG)) may, where necessary, sub-contract to its sister company, Fidelis Legal Services Limited, also a wholly owned subsidiary of HAIG, for other legal or estate planning work to be carried out in order to fulfil your requirements and meet your estate planning needs.

It is important that you read and understand the above terms that will apply to this agreement before signing. If there is any term that you do not understand or do not wish to agree to, then please discuss it with us before signing. Only sign if you wish to be bound by these Terms of Business. 
 

Signed: ................................................................... Print Name: ............................................................. Date: ......................................................................

Signed: ................................................................... Print Name: ............................................................. Date:

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YOU HAVE CANCELLATION RIGHTS – PLEASE SEE THE NOTICE ON THE NEXT PAGE

NOTICE OF THE RIGHT TO CANCEL

You have a right to cancel this agreement with The Planning Crowd Limited within 14 days of the date you started your consultation and began to provide your testamentary instructions. If you cancel within the period you will not be required to make a payment or if payment has already been made a full refund will become due, provided you have not asked us to start the work before the end of the cancellation period as referred to below (in which case we will invoice you for just the work we have carried out prior to your cancellation). Providing you have not started a consultation you may request a full refund within 90 days of receiving these terms of business. Please note where you have purchased this service via another company or as part of your mortgage then the refund may need to be returned to the introducing company or your mortgage lender. To exercise the right to cancel, you must inform us, making a clear statement of your decision. You may use the attached model cancellation form, but it is not obligatory. You can deliver written notice in person. Our address is The Planning Crowd Limited, Fidelis House, The Point, Weaver Road, Lincoln LN6 3QN. You can email us at; enquiries@tpcrowd.com for the attention of Kirsty Gardener. Alternatively, you can telephone the Client Care Team, asking to make a cancellation, on; 0333 600 1000.  

 

You can cancel this agreement with The Planning Crowd Limited later than 14 days after you started your consultation:   

(i) Provided we have not conducted or started a consultation there will be a cancellation fee of 50% of the total cost.

(ii) If the total cancellation is due to a delay on our part that is beyond the timescale referred to in section 3.2 of our Terms of Business, then you will be eligible for a full refund regardless of whether the documents have been produced or not.

Where a notice of cancellation is posted, it is recommended that it is sent by Recorded Delivery; however, cancellation will be deemed to be served as soon as it is posted or sent to us, provided, in the event of a dispute, it can be proven as issued by you. If cancellation is sent by email, cancellation will be deemed as the date the email is sent.  You may wish to attach a read receipt to your email to confirm receipt. We will acknowledge receipt of notice of cancellation in writing within 7 days. You can request in writing that the Company can start work on your documentation on a date before the expiry of 14 days after the start of your testamentary instructions, to enable us to commence our work for you. Should you subsequently cancel the contract within 14 days after the completion of your testamentary instructions, you may have to pay for any work that was carried out on your behalf before you cancelled in accordance with the reasonable requirements of the agreement. 

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Complete, detach and send this form ONLY IF YOU WISH TO CANCEL THIS AGREEMENT

To: Kirsty Gardener, Accounts Department, The Planning Crowd Limited, Fidelis House, The Point, Weaver Road, Lincoln, LN6 3QN and/or enquiries@tpcrowd.com

 

I/We (delete as appropriate) hereby give notice that I/we (delete as appropriate) wish to cancel my/our (delete as appropriate) contract;reference number ............................................

Signed: ...........................................................................................Print Name: ................................................................................... Date: .............................................................................................. Address: ........................................................................................

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........................................................................................ Postcode: ......................................................................................

Signed: ........................................................................................... Print Name: ................................................................................... Date: .............................................................................................. Address: ........................................................................................

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........................................................................................ Postcode: ......................................................................................

Estate Planning Lincoln
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Fidelis House, Weaver Rd, Lincoln LN6 3QN

The Planning Crowd Limited is a wholly owned subsidiary of HAIG Consumer Group Limited, registered in England and Wales (Company number 10212566)

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