General Terms and Conditions

About us

The software operated on this domain, client.surewillwriter.com, or any of its associated counterparts ("the Software") offer you tools to aid your drafting of estate planning documents, manage your clients, and streamline your business, among other services detailed. The Software is operated by WillSuite Limited ("WillSuite", "we", or "us"). WillSuite is registered in England and Wales (09483014). Its registered office is Unit 6, Eastgate Business Centre, Burton upon Trent, Staffordshire, DE13 0AT. Whilst provided by WillSuite, the Software will be referred to as “Sure Will Writer” or “Sure Will Writer – Private Client Suite”.

Agreement between you and WillSuite provider of Sure Will Writer – Private Client Suite

These General Terms and Conditions are an agreement ("Agreement") between you (the "User" or "Customer") and WillSuite about your use of the information, software, products, and services contained in or available through SureWillWriter.com ("the Service"). This Agreement governs any use of the Service as a guest or as a fee paying member.

You are responsible for making all arrangements necessary for you to have access to the Service. You are also responsible for ensuring that all persons who access the Service through your internet connection are aware of these General Terms and Conditions, and that they comply with them.

The Service is made up of various web pages, which we operate. The Service is offered to you conditional on your acceptance of these General Terms and Conditions and any notices contained in these General Terms and Conditions and the Service itself. Please read these General Terms and Conditions carefully before you start to use the Service. By using the Service, you agree to all these terms, conditions, and notices.

WillSuite is not a law firm, and our employees are not acting as solicitors or legal advisors. WillSuite does not practice law and does not give legal advice. The Service is not intended to create a solicitor-client relationship and, by using the Service, no solicitor-client relationship will be created with WillSuite. The Service is not a substitute for the advice of a solicitor.

ANY CONTENT, DOCUMENTS OR WORDING CREATED OR GENERATED THROUGH THE SERVICE ARE DRAFTED IN ACCORDANCE WITH INFORMATION SUPPLIED BY YOU/YOUR COMPANY, SUBJECT TO ADVICE GIVEN BY OR TO YOU. WE HAVE NOT PROVIDED ADVICE AND NO INDEMNITY BY US IS GIVEN OR IMPLIED, IT IS YOUR RESPONSIBILITY TO FULLY CHECK ANY AND ALL DOCUMENTS AGAINST EXPECTATIONS AND THE ADVICE GIVEN OR RECEIVED. AS TEMPLATES AND PRECEDENTS PROVIDED BY US CAN BE EDITED BY USERS RELIANCE UPON THEM IS AT THE USER’S RISK. CONTENT IS PRODUCED FROM INFORMATION SUPPLIED BY YOU, FOR YOUR LAWFUL USE AND NO LIABILITY IS OR CAN BE ACCEPTED IF THE INFORMATION IS INCORRECT OR CONTENT USED FOR A PURPOSE NOT INTENDED BY US.

We aim to update the Service regularly and the content may change at any time. We will use our reasonable efforts to keep the Service available to you, but if necessary, we may suspend access to the Service, or close it indefinitely. We will not be liable if for any reason the Service is unavailable at any time or for any period. The legal information on the Service is not legal advice and is not guaranteed to be correct, complete or up-to-date. Because the law changes rapidly, we cannot guarantee that all the information on the Service is completely current. The law is a personal matter, and no general information or legal tool like the kind the Service provides is suitable for every situation. The documents available on the Service are templates reasonably fit for use by you as a starting point for the preparation of legal documents. They are only intended to be used as templates, to be adapted by you to meet your individual requirements. Therefore, if you need further legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, please consult a suitably qualified lawyer.

The Service and some of the articles on the Service contain links to other resources and businesses on the Internet. We provide these citations and aids to help you identify and locate other Internet resources that may be of interest. The citations do not mean that we sponsor, are affiliated to or associated with, or legally authorised to use, any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol in the links. Our liability for your use of the Service is set out in the Liability Disclaimer section below.

We are not responsible for any loss, injury, claim, liability, or damage ("Loss") related to your use of any other service or website linked to the Service ("Linked Service") including if this Loss (i) arises from errors or omissions in the content of any Linked Service, or (ii) is as a result of any Linked Service being down or (iii) arises from any other use of any Linked Service. Your use of any Linked Service is at your own risk.

We may from time to time make available to you facilities enabling you to e-sign and share documents, and other information, with third parties using the Service. Please remember that any documents you share may include commercially sensitive or confidential information relating to you, your business or affairs or the business or affairs of a third party, or information protected by the Data Protection Act 1998. If you use the share facility it is your responsibility to ensure that you comply with all applicable legislation and regulations and any legal duties or obligations you may have. We will not be responsible for any breach of any such legislation, regulations, duties or obligations which arise out of your use of the share facility.

Users of Sure Will Writer – Professional Will Suite benefit from the access to this platform at beneficial rates as part of their membership to The Society of Will Writers and Estate Planning Practitioners (SWW). If an SWW membership is cancelled, rescinded, revoked, resigned or put on hold we reserve the right to cancel your subscription.

Fees and Renewals

From time to time, we may offer different subscription terms or promotions, discounts, or coupons, and the membership fees for such subscriptions may vary. Except as set out below, the membership fees are non-refundable. We will give you notice by email of annual renewals no less than three (3) calendar days before your annual renewal date. Monthly plans will automatically renew on a monthly basis unless cancelled by you.

UNLESS YOU NOTIFY US BEFORE THE RENEWAL DATE OF YOUR MEMBERSHIP THAT YOU WANT TO CANCEL, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEES, USING ANY VALID PAYMENT SOURCE WE HAVE ON RECORD FOR YOU.

Free Trial

A free trial entitles you to the Sure Will Writer – Professional Will Suite plan for the period notified to you in the offer for such free trial. After your free trial ends, you will be given the option to sign up to our paid plan for which you will be charged the monthly fee as notified to you in the offer. For the purposes of these General Terms and Conditions, this is a monthly membership.

Once your free trial ends, your access to the Service will ultimately cease and you will no longer have access to any supplied data contained within unless you sign up to our paid plan. A free trial is offered for evaluation purposes only and shall not be used to produce any legally binding documents. We may use any data you provide during your trial for evaluation and improvement purposes.

Cancellation of Sure Will Writer – Professional Will Suite Monthly Plan offered with a Free Trial

You can cancel your free trial in your settings area at www.surewillwriter.com during the trial period and you will not be charged the monthly fee as notified to you in the offer. In this case, your free trial will come to an end on the date of cancellation and your access to the Service shall cease.

If you cancel your Sure Will Writer – Professional Will Suite Plan after the end of the trial period but before the end of the Statutory Period, you may request a refund of the monthly fee notified to you in the offer, from which we reserve the right to deduct fees representing the number of days which you have used the service after the end of the trial period to the cancellation date. To request a refund please contact us. In this case, your Sure Will Writer – Professional Will Suite Plan will come to an end on the date of cancellation and your access to the Service shall cease. If you do not request a refund, you will be charged to the end of the month, during which time you will continue to have access to the Service and services.

Other free trials of certain Sure Will Writer – Professional Will Suite products and services may be offered from time to time. The Terms and Conditions of such free trials shall be contained in the offer.

Cancellation Options & Termination

Customers can cancel their plan via their settings area after logging in to www.surewillwriter.com. Alternatively customers can contact Sure Will Writer – Professional Will Suite directly at customer@willsuite.co.uk to cancel their membership.

No refund of any amount paid shall be granted under any of the following circumstances: 1) the accurate conversion of a free trial to a paid service (except when the conversion occurs prior to the end of the 14 day cancellation period provided by law (the Statutory Period), as set out below); 2) the accurate collection of any fee for any active membership or other subscription service; or 3) the accurate collection of any fee for any single (or multiple) document(s) following your express consent to receiving the document during the Statutory Period and acknowledgement of your right to cancel being lost; or 4) the accurate collection of fees or other payment for any other product or service. For the purposes of 3) above, by purchasing any single (or multiple) document(s) subject to these General terms and conditions, you (i) consent to receiving the document during the Statutory Period and (ii) acknowledge that your right to cancel has been lost.

Sure Will Writer – Professional Will Suite Monthly Plan

A Sure Will Writer – Professional Will Suite Monthly Plan gives you access to produce and create documents, manage clients, sharing and other features documented at www.surewillwriter.com on a monthly rolling basis.

If you are enrolled in the Sure Will Writer – Professional Will Suite Monthly Plan, you may choose to cancel your plan at any time prior to the date of the next monthly renewal. If you do so, you will be charged to the end of the month, during which time you will continue to have access to the Service and services. Except as set out below, there are no refunds or credits for partial months.

Cancellation of Sure Will Writer – Professional Will Suite Monthly Plan before the end of the Statutory Period

If you cancel your Sure Will Writer – Professional Will Suite Monthly Plan before the end of the Statutory Period, you may request a refund of the monthly fee notified to you in the offer, from which we reserve the right to deduct fees representing the number of days which you have used the service to the cancellation date. To request a refund please contact us. In this case, your Sure Will Writer – Professional Will Suite Monthly Plan will come to an end on the date of cancellation and your access to the Service will cease. If you do not request a refund, you will be charged to the end of the month, during which time you will continue to have access to the Service and services.

Failure to provide on-time full-subscription payment

If you are enrolled in a Sure Will Writer – Professional Will Suite Monthly Plan and you fail to provide an on-time full-subscription payment, Sure Will Writer – Professional Will Suite reserves its right to deem such failure to be a notice of cancellation and cancel your account immediately.

Changing these General Terms and Conditions

We reserve the right to change the General Terms and Conditions under which the Service is offered. We will give three months notice of these changes to all fee paying members where such changes will result in a material reduction in the availability, benefits and features of the Service. In all other circumstances, we will give notice (which may be immediate notice) before the changes take effect.

You understand and agree that your use of the Service after the date on which the Agreement has changed will be treated as acceptance of the updated Agreement.

Links to third party websites & Third party services

Linked Websites are not under our control and we are not responsible for the contents of any Linked Website including, without limitation, any link contained in a Linked Website, or any changes or updates to a Linked Website. We are not responsible for webcasting or any other form of transmission received from any Linked Website. We are providing these links to you only as a convenience, and the inclusion of any link does not mean we endorse the site or have any association with its operators. These General Terms and Conditions do not cover your interaction with Linked Websites, and you should carefully review the General Terms and Conditions and privacy policies of any third party sites.

Certain services made available via the Service are delivered by third parties.

By using any product, service or functionality originating from the Service domain, you acknowledge and consent that we may share such information and data with any third party with whom we have a contractual relationship to provide the requested product, service or functionality for the Service’s users and customers.

Your privacy

Protecting your privacy is very important to us. Please review our Privacy Policy , which explains how we treat your personal information and protect your privacy.

No unlawful or prohibited use

As a condition of your use of the Service, you warrant to us that you will not use the Service for any purpose that is unlawful or prohibited by these General Terms and Conditions and notices. You must not use the Service in any manner which could damage, disrupt, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. You must not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service. You must not attempt to gain unauthorized access to the Service or Accounts registered to others. You must not reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service using any method not expressly permitted by WillSuite.

THE LEGAL FORMS, LEGAL DOCUMENTS, LETTERS, LEGAL GUIDES, ARTICLES AND ALL OTHER CONTENT FOUND ON THE SERVICE ("WILLSUITE CONTENT") ARE PROTECTED BY COPYRIGHT AND ALL OTHER APPLICABLE INTELLECTUAL PROPERTY RIGHTS.

OUR STATUS (and that of any identified contributors) AS THE AUTHORS OF MATERIAL ON THE SERVICE MUST ALWAYS BE ACKNOWLEDGED AND YOU MUST NOT USE THE MATERIAL IN A DEROGATORY MANNER. IF YOU PRINT OFF, COPY OR DOWNLOAD ANY PART OF THE SERVICE IN BREACH OF THESE GENERAL TERMS AND CONDITIONS, YOUR RIGHT TO USE THE SERVICE WILL CEASE IMMEDIATELY AND YOU MUST, AT OUR OPTION, RETURN OR DESTROY ANY COPIES OF THE MATERIALS YOU HAVE MADE.

Use of communication services

The Service may contain email communication services, SMS communication services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with your clients or potential clients at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will do so in accordance with our Fair Usage policy and will not:

We have no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to a Communication Service and to remove any materials in our sole discretion. We reserve the right to terminate your access to any or all of the Communication Services at any time without notice if we reasonably believe that you have breached these terms for use of the Communication Services or are misusing the Communication Services in any way.

We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our discretion.

We do not control or endorse the content, messages or information found in any Communication Service and, therefore, we specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.

Materials provided to the Service or posted at any WillSuite website

We will not own the materials you provide to us (including feedback and suggestions) or post, upload, input or submit the Service or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission, you are granting WillSuite, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid in relation to the use of your Submission, as provided in these General Terms and Conditions. We are under no obligation to post or use any Submission you provide and may remove any Submission at any time in our sole discretion.

By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Liability disclaimer

THE SERVICE CONTAINS TOOLS TO AID YOUR DRAFTING OF CONTENT AND DOCUMENTS ON BEHALF OF YOUR CLIENTS. CONTENT / DOCUMENTS CREATED OR GENERATED THROUGH THE SERVICE ARE DRAFTED IN ACCORDANCE WITH INFORMATION SUPPLIED BY YOU/YOUR COMPANY, SUBJECT TO ADVICE GIVEN BY OR TO YOU. WE HAVE NOT PROVIDED ADVICE AND NO INDEMNITY BY US IS GIVEN OR IMPLIED, IT IS YOUR RESPONSIBILITY TO FULLY CHECK ANY AND ALL DOCUMENTS AGAINST EXPECTATIONS AND THE ADVICE GIVEN.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION ON THE SERVICE. WILLSUITE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICE AT ANY TIME. INFORMATION AND OPINIONS RECEIVED VIA THE SERVICE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

ALTHOUGH WILLSUITE WILL USE ITS REASONABLE EFFORTS TO KEEP THE SERVICE AVAILABLE AND THE INFORMATION ON THE SERVICE REASONABLY ACCURATE, WILLSUITE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SERVICE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WILLSUITE AND/OR ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

GUEST / TRIAL USERS – YOU USE THE SERVICE AT YOUR OWN RISK. NEITHER WILLSUITE NOR ANY COMPANY WITHIN OUR GROUP, AND OUR AND THEIR RESPECTIVE AGENTS, EMPLOYEES AND SUB-CONTRACTORS, SHALL BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSSES OR DAMAGES WHATSOEVER OR HOWSOEVER ARISING IN CONNECTION WITH THE SERVICE (WHETHER UNDER THESE GENERAL TERMS AND CONDITIONS OR OTHER CONTRACT OR AS A RESULT OF ANY MISREPRESENTATION, MISSTATEMENT OR TORTIOUS ACT OR OMISSION, INCLUDING NEGLIGENCE).

FEE PAYING MEMBERS – WILLSUITE’S LIABILITY TO YOU FOR ANY LOSS OR DAMAGE IS LIMITED TO DAMAGES OF AN AMOUNT EQUAL TO THE SUBSCRIPTION FEE RECEIVED BY WILLSUITE FOR THE TWELVE MONTH SUBSCRIPTION PERIOD PRIOR TO THE DATE ON WHICH THE LIABILITY AROSE.

UNDER THIS PARAGRAPH:

THIS SECTION OF THE TERMS & CONDITIONS DOES NOT AFFECT CLAIMS RELATING TO DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE AND DOES NOT LIMIT OR EXCLUDE ANY LIABILITY FOR FRAUDULENT MISREPRESENTATION.

Service Contact

Most customer concerns can be resolved quickly and to the customer's satisfaction by contacting our customer service department at technicals@willwriters.com

Your User Account

During the creation process of the account which will access the Service (“the Account”), you will be required to select a password (“Login Information”).

There shall be only one person allocated to one such Account and you shall not share the Account or the Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify WillSuite or The Society of Will Writers and Estate Planning Practitioners and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account.

You shall not sell, rent or give away your Account, create an Account using a false identity or information, or create one on behalf of someone other than yourself without written consent. You shall not use the Service if you have previously had access to the Service revoked by WillSuite.

WillSuite operates a fair use policy for Sure Will Writer – Professional Will Suite and it is expected that each individual has their own user account. WillSuite and The Society of Will Writers and Estate Planning Practitioners retain the right to restrict access or terminate a user licence where the fair use policy is being abused.

General

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Service.

Our performance of this Agreement is subject to existing laws and legal process. Nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use.

If any part of this Agreement is determined to be invalid or unenforceable under any applicable law, including, but not limited to, the warranty disclaimers and liability limitations set out above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement will continue in effect.

Unless otherwise specified, this Agreement constitutes the entire Agreement between you and us with respect to the Service and it supersedes all prior communications and proposals, whether electronic, oral or written, between you and us with respect to the Service.

You must not assign or otherwise transfer the General Terms and Conditions, or any right granted under them, without our written consent. We can freely transfer our rights under the General Terms and Conditions.

Any failure by us to enforce or exercise any provision of the General Terms and Conditions, or any related right, will not be a waiver of that provision or right. Any rights not expressly granted in this Agreement are reserved.

We may provide you with notices, including those regarding changes to the General Terms and Conditions, by email, regular mail, postings on the Service, or other reasonable means now known or developed in the future.

A printed version of the Agreement, and of any notice given in electronic form, will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this Agreement and all related documents have been drawn up in English.

Copyright notice

All contents of the Service are Copyright © 2017 WillSuite, The Society of Will Writers and Estate Planning Practitioners and/or its suppliers, affiliates and partners. All rights reserved.

Applicable law

These General Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and interpreted in accordance with the law of England and Wales.

The Wills and legal documents produced from this system pertain to the laws of England and Wales unless stated otherwise.