WillSuite - Terms and Conditions

Terms and Conditions:

This is an agreement made between:

WillSuite Ltd, a company incorporated under the laws of England and Wales, having its registered office at Floor 5, The Hub, 40 Friar Lane, Nottingham, England, NG1 6DQ ("WillSuite"); and
You (the "User" or "Customer")

Regarding your use of the services, information, software, and products available through WillSuite ("the Service" or “the Software”).

You are responsible for ensuring necessary arrangements for accessing the Service and for ensuring that all individuals accessing the Service through your internet connection comply with these Terms and Conditions.

The Service comprises various web pages operated by WillSuite and is conditional upon your acceptance of these Terms and Conditions and any notices contained herein. By using the Service, you agree to these terms, conditions, and notices.

WillSuite is not a law firm, nor do its employees act as solicitors or legal advisors. WillSuite does not provide legal advice or practice law. The Service does not create a solicitor-client relationship. If you require legal advice, consult a regulated solicitor.

Please note that terms defined in the singular shall include the plural and vice versa, terms defined in any gender shall include all genders, and terms defined as a person shall include companies, partnerships, and all other forms of entity or association.

Definitions
1. "Agreement" refers to these Terms and Conditions.
2. "Authorised Users" refers to the those employees of the User who are authorised by the User to use the Software.
3. "Intellectual Property Rights" refers to the rights of a person under or in respect of any patent, trademark, service mark, registered design, drawing, utility model, design right, copyright, data base right, trade secret, confidential information, technical information, know-how, business or trade name, goodwill and all other intellectual property rights of a similar or corresponding nature in any part of the world, whether registered or not, or capable of registration or not, and including all applications and the right to apply for any of the foregoing.
4. "User" or "Customer" refers to you, the individual or entity entering into this Agreement with WillSuite.
5. "Service" refers to the services, information, software, and products available through WillSuite.
6. "Software" refers to the online software application provided by WillSuite as part of the Services.
7. "Subscription" refers to the term of usage for the Service that may be offered on different terms, promotions, discounts, or coupons.
8. "Linked Service" refers to any other service or website linked to the Service.
9. "Content" refers to the documents, wording, information or any other materials created/generated through the Service.
10. "E-signing" refers to the use of electronic signatures.
11. "Share Facility" refers to the Service's functionality allowing you to share documents with third parties.
12. "Notices" refers to all forms of communication under this Agreement, including, but not limited to, requests, demands, and other forms of communication.
Content, Documents, and Liability
1. Content, documents, or wording created/generated through the Service are based on the information you provide and are subject to the advice given to or by you. We do not provide advice or indemnity, and it is your responsibility to verify all documents against legal requirements, expectations and advice received. As Users can edit templates and precedents provided by us, reliance on them is at your own risk. We are not liable for incorrect information or content used for unintended purposes.
2. We aim to update the Service regularly and may change its content at any time. While we will make reasonable efforts to maintain the Service's availability, we may suspend or close access as necessary. We are not liable for any unavailability of the Service. Legal information on the Service is not legal advice and is not guaranteed to be correct, complete, or up-to-date. Should you require specific legal advice, consult a regulated solicitor.
3. The Service and some articles contain links to external resources and businesses on the Internet. These citations are provided as a convenience to help you identify and locate other resources that may interest you. We do not endorse, sponsor, affiliate with, or legally authorise the use of any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol found in the links. Our liability for your use of the Service is outlined in the Liability Disclaimer section below.
4. 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 arises from errors or omissions in the content of any Linked Service, the Linked Service being down, or any other use of any Linked Service. Your use of any Linked Service is at your own risk.
License and Use of Software
1. All Intellectual Property Rights relating to the Software created or supplied by WillSuite shall remain solely vested in WillSuite, and is intended exclusively for the User to use for business purposes in accordance with the Terms and Conditions outlined in this Agreement.
2. In consideration of the Subscription payment by the User in accordance with Clauses 5 and 6 (as applicable), WillSuite grants to the User a restricted, limited, non-exclusive, non-transferable, non-sublicensable license to use and permit the use by its Authorised Users its Software solely for the duration of the subscription and for the purpose of enjoying the rights provided under this Agreement.
3. This Agreement does not grant the User or its Authorised Users any rights to, or in, patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licenses in respect of the Software.
4. The User shall not:
  (a) except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties:
  1. and except to the extent expressly permitted under this Agreement, attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display or transmit; or
  2. otherwise reduce to human-perceivable form all or any part of the Software; or
  3. access all or any part of the Software in order to build a product or service which competes with the Software; or
  4. use the Software to provide services to third parties; or
  5. licence, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Software available to any third party except the Authorised Users; or
  6. attempt to obtain, or assist third parties in obtaining, access to the Software, other than as provided under this Clause 3.
Fees and Renewals
1. We may offer different subscription terms, promotions, discounts, or coupons, and membership fees for such subscriptions may vary. Subscription fees are non-refundable.
2. The subscription will automatically renew in accordance with your Subscription Terms and Conditions.
Monthly Subscription
1. By accessing and using the Software, you agree to be bound by these Terms and Conditions for the duration of the monthly subscription.
2. The monthly subscription fee for the Software is payable in advance and is non-refundable. By subscribing to the monthly plan, you authorise us to charge your chosen payment method automatically each month.
3. The subscription will renew automatically at the end of each monthly billing cycle unless you choose to cancel your subscription in accordance with the cancellation options and termination clause outlined in Section 7.
Annual Subscription
1. By selecting the annual plan, you agree to be bound by these Terms and Conditions for the duration of the annual subscription.
2. The annual subscription fee is payable in advance and is non-refundable. By subscribing to the annual plan, you authorise us to charge your chosen payment method automatically on an annual basis.
3. The annual subscription will renew automatically at the end of each annual billing cycle unless you choose to cancel your subscription in accordance with the cancellation options and termination clause outlined in Section 7.
Failure to provide on-time full-subscription payment
1. In the event of failure to provide on-time full-subscription payment, we reserve the right to suspend or terminate your access to the Software without prior notice.
  1. We reserve the right to charge an administrative late-payment fee of £25 for each such occurrence.
2. If your access to the Software is suspended due to non-payment, you will not be able to use the Service until payment is made in full.
Cancellation and Termination
1. You may request to cancel your subscription at any time by accessing the cancellation options provided within WillSuite or by contacting our customer support team.
2. For monthly subscriptions, the cancellation will take effect at the end of the current billing cycle or at the end of the term specified in the Order Form, whichever occurs later. You will not be charged for any subsequent months. Pro-rata reimbursements will be provided for partial months however, no refunds will be provided for unused periods.
3. For annual subscriptions, if you choose to cancel before the end of the annual billing cycle, no refunds or pro-rata reimbursements will be provided for the unused portion of the subscription.
4. We reserve the right to terminate your access to the Software immediately, without notice, in the event of a breach of these Terms and Conditions or any illegal or unauthorised use of the Application.
Fair Usage
1. You are subject to a Fair Usage policy to ensure the smooth operation and maintenance of the Service. The Fair Usage policy helps maintain service quality and availability for all Users.
2. The Fair Usage policy sets certain limits on usage to prevent excessive strain on the system. The current Fair Usage Limits are as follows:
  1. SMS Limit: Each User is allowed to send up to 50 SMS per month.
  2. Storage Limit: Each User is allocated a maximum storage capacity of 10GB.
  3. Document Creation Limit: Each User is permitted to create up to 50 documents within the system per month.
3. If you exceed the Fair Usage Limits mentioned above, you may have the option to add credit to your account or be required to upgrade your subscription to continue using the Service beyond the specified limits.
4. The Fair Usage policy is subject to change at the discretion of the Service provider. Any modifications to the Fair Usage Limits will be communicated to Users in advance, providing a minimum of 30 days notice to adjust usage accordingly.
5. Breach of the Fair Usage policy, including intentional or excessive misuse of the Service, may result in the termination or suspension of your account without prior notice.
6. The Service provider reserves the right to monitor usage patterns and take appropriate actions to enforce the Fair Usage policy and protect the integrity and availability of the Service.
Your Account
1. During the creation process of the account which will access the Service (“the Account”), you will be required to select a password (“Login Information”).
2. 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 jeopardise the security of your Account.
3. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorised disclosure of the Login Information, you must immediately notify WillSuite and modify your Login Information.
4. 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 authorised by you. You are responsible for anything that happens through your Account.
5. You shall not sell, rent or give away your Account, use or 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.
6. WillSuite reserves the right to revoke access, without notice, for any account which we suspect not to be used for its intended purposes.
E-signing and Sharing Documents.
1. We may occasionally provide facilities for e-signing and sharing documents with third parties through the Service. You are responsible for ensuring compliance with all applicable legislation, regulations, and legal duties or obligations when using the share facility. We are not responsible for any breaches that arise from your use of the share facility.
Privacy
1. WillSuite is committed to protecting the privacy and confidentiality of its Users' personal information. Our Privacy Policy outlines how WillSuite collects, uses, stores, and protects the personal information of its Users.
Liability Disclaimer
1. To the extent permitted by law, we, and third parties connected to us, hereby expressly exclude: (i) all conditions, warranties, and other terms which might otherwise be implied by statute, common law or the law of equity; (ii) any liability for any direct, indirect, or consequential loss or damage incurred by any user in connection with the Service or in connection with the use, inability to use, or results of the use of the Service, any Linked Websites, and any materials posted on it, including, without limitation, any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time, and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
2. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
3. Indemnity
4. You agree to indemnify, defend and hold harmless WillSuite, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable legal fees) relating to or arising out of your use of or inability to use the Service or services, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. WillSuite reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with WillSuite in asserting any available defences.
Mediation
1. In the event the parties are not able to resolve any dispute between them arising out of or concerning these General Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved through mediation. The mediation shall be conducted in accordance with the rules and procedures of a mutually agreed-upon mediation organisation or mediator. The parties shall work together in good faith to select a mediator and participate in the mediation process. If the parties are unable to reach a mutually satisfactory resolution through mediation, either party may pursue other available legal remedies.
Applicable Law
1. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
Jurisdiction
1. The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Service although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. You agree to submit to the exclusive jurisdiction of the English courts.
Entire Agreement
1. These Terms and Conditions, including any legal notices and disclaimers contained on the Service, constitute the entire agreement between WillSuite and you in relation to your use of the Service and supersede all prior agreements and understandings with respect to the same.
Severability
1. If any provision of this Agreement is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
Waiver
1. No waiver by WillSuite of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or subsequent breach of the same or any other provision.
Amendments
1. WillSuite reserves the right to amend these Terms and Conditions at any time and without notice. It is your responsibility to review these Terms and Conditions periodically for changes. Your continued use of the Service after the posting of changes to these Terms and Conditions will constitute your acceptance of such changes. If you do not agree to any changes, you must cancel your subscription and stop using the Service.
Assignment
1. You may not assign, sublicense or otherwise transfer any of your rights and obligations under this Agreement to any other person without the prior written consent of WillSuite.
Third Party Rights
1. A person who is not a party to this Agreement shall not have any rights under or in connection with it.
Force Majeure
1. WillSuite shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labour or materials.
Notices
1. All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
2. To WillSuite: support@willsuite.co.uk
3. To you: the email address you provide to us during the registration process.
Headings
1. The headings used in this Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein.
Contact Us
1. If you have any questions or concerns about these Terms and Conditions, please contact us on support@willsuite.co.uk.