Terms and Conditions
These Terms and Conditions are the standard terms for the sale of services online by KGW Family Law, sole trader, whose main trading address is KGW Family Law, Morris House, 34 Commercial Way, Woking, Surrey, GU21 6EN.
1. Definitions and interpretation
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Business Day” means any day other than Saturday or Sunday or bank holiday;
“Calendar Day” means any day of the year;
“Contract” means the Contract for the purchase and sale of Services, as explained in Clause 3;
“Month” means a calendar month;
“Order” means your Order for Services made via the online application form
“Order Confirmation” means Our acceptance and confirmation of your Order as described in Clause 3;
“Pre-Contract Information” means information about KGW Family Law, the Services, pricing, and your legal rights that We are required to provide under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
“Price” means the price payable for the Services;
“Services” means the Services which are to be provided by Us to you as specified on the online form of application;
“We/Us/Our” means KGW Family Law whose main trading address is Morris House, 34 Commercial Way, Woking, Surrey, GU21 6EN.
Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by email, fax or other means.
2. Information About Us
- KGW Family Law is a sole trader whose main trading address is Morris Hoise, 34 Commercial Way, Woking, Surrey, GU21 6EN.
- Our VAT number is 123 9187 12.
- We are regulated by the Solicitors Regulation Authority.
3. The Contract
- These Terms and Conditions govern the sale of Services by Us, via Our Online Portal and will form the basis of the Contract between Us and you. Before confirming your wish to proceed you should ensure that you have read these Terms and Conditions and Our Letter of Engagement carefully.
- Nothing provided by Us including, but not limited to information provided via the Internet, sales and marketing literature, price lists and other information constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that we may at Our discretion accept.
- A legally binding Contract between Us and you will be created upon Our acceptance of your Order, indicated by Our written confirmation to you.
- All Orders for Services made by you via Our Online Portal will be subject to these Terms and Conditions.
- If you change your mind you may cancel your Order at any time before We begin providing the Services. Please refer to Clauses 10 and 11 for details of your cancellation rights.
- We may cancel your Order at any time before We begin providing the Services in the following circumstances:
- In Our absolute discretion We consider the Online Divorce Service to be unsuitable for your requirements;
- An event outside of Our control continues for more than 14 days (please see Clause 9 for events outside of Our control).
- If we cancel your Order under sub-Clause 4.3 above and you have already made any payment to Us, the payment will be refunded to you within 7 calendar days. If We cancel your Order you will be informed by email.
5. Price and Payment
- The Price of the Services will be that set out on the Online Portal at the time of your Order.
- Our Prices may change at any time but these changes will not affect any Orders that We have already accepted.
- All Prices include VAT. If the rate of VAT changes between the date of your Order and the date of your payment, We will adjust the rate of VAT that you must pay. Changes in VAT will not affect any Prices where We have already received payment from you.
- We accept the following methods of payment:
- Credit or Debit Card via Worldpay;
- Online banking.
- We do not charge any additional fees for any of the payment methods listed in sub- Clause 5.4.
- Payment including for court fees must be made in full before work will be commenced on your behalf.
6. Providing the Services
- As required by law, We will provide the Services with reasonable skill and care, consistent with best practices and standards. We will begin providing the Services as soon as the Order has been confirmed. Please note that if you request that the Services begin within the statutory 14 Calendar Day cancellation (or “cooling-off”) period, your right to cancel may be limited or lost. Please see Clause 10 for your statutory cancellation rights.
- We will continue providing the Services until the divorce process is concluded. Please note that the online payment is made for the cost of the decree proceedings alone. This does not include any additional Services which you may request outside of the divorce process i.e. to deal with financial matters, child arrangement issues or queries in relation to jurisdiction. Such work will be undertaken in accordance with the Terms and Conditions which will be forwarded to you separately at the point that you make such a request.
- We will make every reasonable effort to provide the Services in a timely manner. We cannot however be held responsible for any delays if an event outside of Our reasonable control occurs. Please see Clause 9 for events outside of Our control. Please also note that We have no control over the response time of the court or any other third party involved.
- You will see from the online application form that information is required from you in order to provide the Services. We are dependent upon you providing accurate information in a timely fashion to provide the Services to you.
- If the information which you provide is incomplete or incorrect We will not be responsible for any delay caused as a result. If additional work is required from Us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information that you have provided we have charge you a reasonable additional sum for that work.
- In certain circumstances, for example where We encounter a technical problem, We may need to suspend or otherwise interrupt the Services to resolve the issue. Unless the issue is an emergency and requires immediate action We will inform you in advance by email before suspending or interrupting the Service.
7. Problems with the Services and Your Legal Rights
- We always use reasonable endeavours to ensure that Our Services are trouble-free. If, however, there is a problem with the Services We request that you inform Us as soon as is reasonably possible via email to firstname.lastname@example.org.
- We will use reasonable efforts to remedy problems with the Services as quickly as is reasonably possible and practical.
- We will not charge you for remedying problems under this Clause 7 where the problems have been caused by Us, any of Our agents or sub-contractors or where nobody is at fault. If We determine that a problem has been caused by incorrect or incomplete information provided by you, sub-Clause 6.5 will apply and We may charge you for the remedial work.
- As a consumer you have certain legal rights with respect to the purchase of services. For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office. If We do not perform the Services with reasonable skill and care, you have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price. If the Services are not performed in line with information that We have provided about them, you also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you (or if Our breach concerns information about Us that does not relate to the performance of the Services), you have the right to a reduction in price. If for any reason We are required to repeat the Services in accordance with your legal rights, We will not charge you for the same and We will bear any and all costs of such repeat performance. In cases where a price reduction applies, this may be any sum up to the full Price and may result in a full or partial refund. Any such refunds will be issued without undue delay (and in any event within 14 Calendar Days starting on the date on which We agree that you are entitled to the refund) and made via the same payment method originally used by you unless you request an alternative method.
8. Our Liability
- We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence (including that of Our employees, agents or sub-contractors). Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
- Nothing in these Terms and Conditions seeks to exclude or limit Our liability for failing to perform the Services with reasonable care and skill or in accordance with the information provided by Us about the Services or about Us.
- Nothing in these Terms and Conditions seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
9. Events Outside of Our Control (Force Majeure)
- We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.
- Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
- If any event described under this Clause 9 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions or the Contract:
- We will inform you as soon as is reasonably possible;
- Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly.
- We will inform you when the event outside of Our control is over.
- If the event outside of Our control continues for more than 14 Calendar Days We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible.
- If an event outside of Our control occurs and you wish to cancel the Contract you may do so. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible.
10. Your Statutory Right to Cancel
- As a consumer in the European Union you have a statutory right to cancel your Contract with Us up to 14 Calendar Days after the Contract between you and Us is formed (as explained in sub-Clause 3.3). You may cancel your Contract with Us for any reason under this right. If you wish to cancel your Contract before receiving Our Order confirmation or if you wish to cancel the Contract after receiving the Order Confirmation but before the Services begin, sub-Clause 10.2 will not apply.
- As noted in sub-Clause 6.1, if you have requested that the Services begin within the 14 Calendar Day cancellation period your Statutory Right To Cancel may be limited or lost. By requesting that the Services begin within the statutory cancellation period you acknowledge and agree that:
- If you cancel the Services after they have begun but are not yet ` complete you will be required to pay the full amount for the Services.
- If you wish to exercise your Right To Cancel under this Clause 10, you must inform Us of your decision. Such confirmation should be provided by email to email@example.com. Please ensure that you inform Us of your decision to cancel before the period in sub-Clause 10.1 expires (note that the cancellation period is defined as whole Calendar Days). If, for example, you send Us an email by 23:59 on the final day of the cancellation period, your cancellation will be valid and accepted).
- Refunds under this Clause 10 will be issued to you no later than 14 Calendar Days after the date on which you inform Us that you wish to cancel.
- Refunds under this Clause 10 will be made using the same payment method you used when ordering the Services unless you specifically request that We make a refund using a different method.
11. Cancellation After the Statutory Cancellation Period
- Cancellation of Services after the 14 Calendar Day cancellation period has elapsed shall be subject to the specific terms governing those Services. The full amount payable will remain due (with the exception of court fees if these have not yet been discharged which will be refunded to you).
- If you wish to exercise your Right To Cancel under this Clause 11 you must inform Us of your decision to do so by email to firstname.lastname@example.org quoting your case reference number.
- Refunds under this Clause 11 in respect of court fees paid but not incurred will be issued to you no later than 14 Calendar Days after the date on which you inform Us that you wish to cancel.
- Refunds under this Clause 11 will be made using the same payment method you used when ordering the Services unless you specifically request that We made a refund using a different method.
12. Communication and Contact Details
- If you wish to contact Us with general questions and complaints, you may contact Us by telephone on 01483 375788 or by email at email@example.com.
- For all other communication please use the Online Service.
13. Complaints and Feedback
- We always welcome feedback from Our clients and whilst We always use all reasonable endeavours to ensure that your experience as a client of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
- All complaints are handled in accordance with Our complaints handling policy and procedure details of which are set out in Our Letter of Engagement.
- If you wish to complain about any aspect of your dealings with Us, including, but not limited to, these Terms and Conditions, the Contract, or the Services, please contact Us in one of the following ways:
- In writing, addressed to Karin Walker of KGW Family Law, Morris House, 34 Commercial Way, Woking, Surrey, GU21 6EN.
- By email addressed to firstname.lastname@example.org.
14. How We Use Your Personal Information (Data Protection)
- All personal information that We may collect (including, but not limited to, your name, address, and telephone number) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
- We may use your personal information to:
- Provide Our Services to you;
- Process your Order (including payment) for the Services;
- Inform you of new Services available from Us (if you opt or have previously opted to receive it). You may request that We stop sending you this information at any time.
- In certain circumstances (if, for example, you wish to purchase Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
- We will not pass on your personal information to any third parties without first obtaining your express permission.
15. Other Important Terms
- We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
- You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
- The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
- If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
- No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
16. Governing Law and Jurisdiction
- These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with English law.
- Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.