Terms and conditions for Legal Documents Template
This page (together with the documents referred to on it) tells you the terms and conditions on which Niche Legal Solutions Limited with registered office 3rd Floor, 207 Regent Street, London W1B 3HH and with company number 07021047 (“we ” or “us“) supplies any products listed on the website www.suzannedibble.com (“our site”) or any products or materials otherwise made available to you by us or by Suzanne Dibble as our agent to you including Legal Template Documents (“Products“). Please read these terms and conditions carefully before ordering any Products from our site (or downloading or using any Products).
You should print a copy of these terms and conditions for future reference.
By downloading our Products you agree to these terms and conditions if you accept them. If you refuse to accept these terms and conditions, please do not download or use any Products.
1. Information about us
Your contract for the sale or use of the Products is with Niche Legal Solutions Limited with registered office 3rd Floor, 207 Regent Street, London W1B 3HH and with company number 07021047. Our email address is [email protected].
2. Service availability
Our site and Products are only intended for use by people resident in England. The Legal Template Documents and all other Products are only drafted on the basis of English law.
3. Your status
By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years old;
(c) You are resident in England and are accessing our site from England; and
(d) You will only use a Product for your business use and you will not sell, publish or distribute such Product or use it in whole or in part to create another document.
4. How the contract is formed between you and us
4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product is available for download (the Download Confirmation). The contract between us (Contract) will only be formed when we send you the Download Confirmation. We will not be obliged to supply any Products which may have been part of your order until the download of such Products has been confirmed in a separate Download Confirmation.
4.2 If you are accessing a free Product, the contract will be formed upon you submitting your email address to us.
4.3 As you are contracting in your capacity as a business and as a Product is available to you immediately once you have received the email, no cancellation right exists under the Consumer Protection (Distance Selling) Regulations 2000.
Your order will be fulfilled automatically on your receipt of the Download Confirmation but in the event that our automated systems do not work immediately, please contact [email protected] to advise us that the Product has not been made available for download. As our systems are automated, we shall not be liable for any delay in the download of any Product.
6. Title and Intellectual Property
6.1 You will only be able to download and use the Product when we receive full payment of all sums due in respect of the Product (of if the Product is being made available free of charge, when you download it).
6.2 As between us and you, all Intellectual Property Rights and all other rights in any Products shall be owned by us. We license all such rights to you on a non-exclusive basis only to such extent as is necessary to enable you to make reasonable use of the Product.
6.3 We shall enforce our Intellectual Property Rights in the Products to the fullest extent possible by law and DISTRIBUTING (WHETHER FOR PAYMENT OR OTHERWISE), PUBLISHING, SELLING OR DISCLOSING A PRODUCT TO A THIRD PARTY IS STRICTLY PROHIBITED.
7. Price and payment
7.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
7.2 These prices include VAT .
7.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Download Confirmation.
7.4 Payment for all Products must be by Paypal and you must have a valid Paypal account in order to purchase a Product.
8.1 As we offer a service whereby you can contact us to check that you are ordering the correct Product, we will only offer refunds in limited circumstances at our discretion.
8.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
9. Our liability – IMPORTANT – YOU MUST READ THIS CLAUSE
9.1 Our Products are off-the-shelf template documents that have not been tailored to your specific circumstances. In providing such documents to you, we are NOT acting as your solicitor and you have been advised that we will have no liability in any circumstances for the use of an off-the-shelf document. You acknowledge that (i) the price charged for an off-the-shelf document is significantly less than that for a bespoke agreement, (ii) you have been advised of the risks of using an off-the-shelf document without further legal advice and (iii) that insurance does not cover the sale of off-the-shelf document.
9.2 Our Products are provided on an “as is” basis without any representations or endorsements made and without any warranty of any kind whether express or implied, including but not limited to implied warranties of fitness for purpose, merchantability and accuracy.
9.3 We will have no liability to you at all for your use of an off-the-shelf document as you have not requested appropriate legal advice nor will we have any responsibility at all for any alterations made to the document after you have received it.
9.4 By purchasing a Product, you agree that in no circumstance shall we be liable for any indirect, incidental, special or consequential damages, including, but not limited to, loss of business or profits or any other financial loss, arising out of or in any way connected with the use of an off-the-shelf document (whether foreseeable or not), under any law or on any basis whatsoever whether contractual or otherwise. In addition you agree that if, for any reason, we are liable for any damages, our total liability shall be limited to the amount of the Product purchased.
9.5 Nothing in these terms and conditions shall limit or exclude our liability for any matter that we are not by law able to exclude.
10. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
11. Transfer of rights and obligations
11.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
11.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
11.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
12. Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control.
13.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
13.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
13.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
15. Entire agreement
15.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
15.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
15.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
16. Our right to vary these terms and conditions
16.1 We have the right to revise and amend these terms and conditions from time to time.
16.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Download Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
17. Law and jurisdiction
Contracts for the purchase of Products through our site 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) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.