Customer Terms and Conditions

Last updated: July 2023

These Terms
1. What these terms cover. These are the terms and conditions on which we supply our products and services to you. Our products and services are suitable for use in the United Kingdom only.
2. Why you should read them. Please read these terms carefully before you request any services from us. These terms tell you who we are, how we will provide our products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
3. Where you can find these terms: You can find a copy of these terms at all times at https://carrmitchell.co.uk (our “Website")
Information about us and how to contact us
1. Who we are. We are Carr Mitchell Ltd, a company registered in England and Wales. Our company registration number is 06913493 and our registered office is at 5 Braemore Court, Cockfosters Road, Barnet England EN4 0AE.
2. How to contact us. You can contact us by writing to us at help@carrmitchell.co.uk, by phone on 01483 662962, to our registered office above or our trading address which is Carr Mitchell Ltd, Suite 19, The Granary, 1 Waverley Lane, Farnham, Surrey GU9 8BB.
3. How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
Our contract with you
1. How to request our services: Our Website allows you to view, select and order our services or alternatively you can do so by emailing us or by contacting us via telephone.
2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3. Your order. Your order(s) will appear in the Customer portal area of our website.
Our Products and Services
The services that may be available are detailed below and comprise a document preparation service (Document Preparation Service); a document review service (Document Review Service).
You may not have full access to all of these services. Therefore, reference in the Conditions to the provision to you of these services is only to the service or services to the extent to which you do have access.
From time to time we may add services; when we do we will update these terms and conditions accordingly.
1. Document Preparation Service
  The Document Preparation Service does not provide legal advice nor does it represent a legal service; it is an automated software solution provided to persons who choose to prepare their own legal documents. It is designed to collect relevant information and data to assist you in preparing a legal document (Document) online from a document template.
  When using the Document Preparation Service, you will be asked a series of questions by a document assembly and drafting system (System). The answers you give will dictate the content of the Document produced automatically by the System from the document template. You alone are responsible for ensuring the answers or any information that you give are correct. You should make sure that all information supplied, including the identity of any parties or signatories, their age and capacity, is accurate. Since it is automated, the System can only use the answers which you supply, to produce your Document. You must carefully check that the Document produced, fully reflects your wishes. If it does not, you should not sign it.
  All Documents should be used in conjunction with proper advice as to their suitability for your particular requirements and circumstances. We cannot be responsible if you use a Document, or alter or amend it, without seeking proper advice.
  We disclaim all liability for actions taken or not taken based on a Document.
  It is your responsibility to ensure that any Document is properly signed.
  The document templates available on this Website from which Documents can be created by you using the System have been prepared by us. Please note that these document templates have been prepared to produce Documents that comply with the law of a particular jurisdiction only, as is clearly indicated on every document template or on the Website. A reference in the Conditions to the chosen jurisdiction is a reference to the jurisdiction chosen by you when selecting a template and/or while using the System to create a Document from a template.
  If any person or entity that is to sign a Document is outside the chosen jurisdiction, it is your responsibility to ensure that any Document is properly signed in accordance with the requirements of that jurisdiction where those requirements prevail.
  Documents are prepared for use in accordance with the law of the chosen jurisdiction. You should not use them in any other jurisdiction, or if property the Document deals with is outside the chosen jurisdiction.
  Where we assume responsibility for sending the Document to you once it has been completed, please note the following. In some cases, you may have selected a product that includes a document that is for use by another person. All such documents will, however, be sent to you once completed. Whenever you have selected a product that includes a document that is for use by a third party, you confirm that you are authorised by the third party to receive their document on their behalf.
  We recommend that before reusing a Document you check the Website to ensure that it was created from the latest version of the relevant template. If we have replaced the template with a revised version, we recommend that you obtain the latest version.
  We will not have any responsibility for the following:
  - verifying your authority or capacity to create a Document, or your answers or any information given by you when using the Document Preparation Service, or whether you (or any other person) were subject to undue influence when using the Document Preparation Service;
  - proofreading data you have input for typographical errors;
  - any alterations made by you or on your behalf to a Document once it has been made available to you;
  - supervising or checking the due and proper signing of any Document;
  - any use of a Document or signing of a Document by a person or entity outside of the chosen jurisdiction;
  - any adverse consequences if you use any Document without taking appropriate legal advice as to its suitability for your particular circumstances; or
  - undertaking any future review of any document or for providing any ongoing advice, legal or otherwise, as to the continued effectiveness for legal, taxation or any other purpose of any Document.
  Where the Document is a will:
  There is no obligation or duty to supervise its signing.
  Also, with respect to a will, we have no responsibility and will accept no liability for verifying:
  - the identity of the testator;
  - that the testator is of sufficient age;
  - the testamentary and/or mental capacity of the testator;
  - whether the testator knew, understood and approved the contents of their will; or
  - whether there were or might be any actual or potential third-party beneficiary or beneficiaries who might have a claim in law against the estate.
  We do not assume any responsibility nor will we accept liability for failing to provide later advice on the terms of any will prepared using the Document Preparation Service should future taxation changes or any other changes in the law render their terms inappropriate. The responsibility for future reviews of the terms of your will rests with you.
  Where the document is a power of attorney:
  We have no responsibility and will accept no liability for verifying the capacity of the donor.
  Document packs:
  A document pack consists of access to a range of Documents that may be created using the Document Preparation Service. The details of what is included in the pack will be outlined on the Website.
2. Document Review Service
  The document review service is provided by Epoq Legal Ltd (ELL), company number 3707955, whose registered office is at 2 Imperial Place, Maxwell Road, Borehamwood, Hertfordshire, WD6 1JN. ELL is authorised and regulated by the Solicitors Regulation Authority (SRA number 645296, www.epoq.co.uk/sra-badge), and whose website is www.epoq.co.uk.
  The document templates may be available with Document review. This means that once you have drafted a Document using the Document Preparation Service, you are given the opportunity to send it to ELL electronically using the Website for review.
  When you submit a Document for review, ELL may telephone you or email you to clarify your requirements.
  The Document review is performed by ELL only as part of a Limited Engagement.
  You will be provided with a separate, written engagement letter setting out the terms of the Limited Engagement.
  ELL will exercise all due skill and care when carrying out a Document review in accordance with the Limited Engagement terms. ELL will perform their work as quickly as is reasonably possible, but shall not be liable in respect of any failure to meet any specified deadline or completion date.
  A Limited Engagement is so called because there are limitations on the work that will be done, as follows:
  What work will be done
  The scope of the work that will be done by ELL is:
  - to indicate to you whether or not ELL are satisfied, based on the answers that you gave the System, that the Document created by you is effective, so far as has been disclosed, to meet your requirements and suitable for your circumstances; and
  - if necessary, to amend the Document to ensure that it is suitable for your disclosed requirements and circumstances.
  To that intent, ELL shall:
  - review the answers you gave the System;
  - review the Document; and
  - engage in reasonable correspondence and/or communications with you that is relevant to their work under the Document Review Service or that is required to clarify your requirements or to resolve ambiguities in information provided by you that is material to the performance of the Document Review Service. Subject to the fair use policy (see below), ELL will endeavour to respond to your correspondence and communications as fast as they can, but do not guarantee any particular response time.
  What ELL will not do
  ELL will not have responsibility for, and exclude liability for:
  - undertaking any investigation of your particular circumstances beyond those that you disclosed in the answers that you gave the System, or that you conveyed via subsequent communications;
  - the provision of legal advice about the suitability of the Document to your particular circumstances save to the extent that they are disclosed by the answers that you gave the System and/or in any subsequent communications;
  - verifying your answers or any information given by you when using the Document Preparation Service;
  - proofreading data you have input for typographical errors;
  - any alterations made by you or on your behalf to a Document after it has been approved by us, unless such alteration is approved by us;
  - supervising or checking the due and proper signing of any Document;
  - any use of or signing of a Document by a person or entity outside of the jurisdiction in which they operate;
  - any adverse consequences if you use any Document without taking appropriate legal advice as to its suitability for your particular circumstances from ELL; or
  - undertaking any future review of any Document or for providing any ongoing advice, legal or otherwise, as to the continued effectiveness for legal, taxation or any other purpose of any Document.
  Work outside the scope of the Limited Engagement
  On first receiving a Document and each time that you provide additional information or make a new request with respect to that Document, ELL will assess, in good faith, if it will be practical or appropriate for ELL to provide, or continue their work under, the Limited Engagement, or if any work you want ELL to do, or request you have made, falls within the scope of the Limited Engagement. If the result of any such assessment is that they consider it appropriate to take any of the steps referred to in the fair use policy below, they will, if possible, consider and discuss with you if and how they might perform a modified Document Review Service with respect to the Document if you change or limit your requirements or requests. If this is not possible, or if you do not agree, they will discuss with you your options.
  Fair use restrictions applicable to the Document Review Service
  ELL will aim to complete a Limited Engagement quickly and efficiently. They expect that in most cases the work that they undertake as part of a Limited Engagement will take no more than one hour in total. ELL reserve the right to manage a Limited Engagement to ensure that, so far as possible, that expectation is fulfilled.
  What this means in practice is as follows:
  - ELL will expect that correspondence and communications between you and them will take place by email or by telephone. They are not able to offer face-to-face interviews.
  - ELL may limit the extent to which they engage in communications with you or to which they respond to correspondence from you if they reasonably consider, and have explained to you, that to do so would be incompatible with the efficient conduct of a Limited Engagement.
  - You may provide us with additional information about your requirements and circumstances beyond that revealed by the answers that you gave the System, but we reserve the right to terminate a Limited Engagement at any time if, by reason of the volume and/or complexity of that additional information, we reasonably consider, and have explained to you, that it is impractical or inappropriate to continue to work on the Document on the basis of that Limited Engagement.
  - You may provide them with additional information about your requirements and circumstances beyond that revealed by the answers that you gave the System, but they reserve the right to terminate a Limited Engagement at any time if, by reason of the volume and/or complexity of that additional information, they reasonably consider, and have explained to you, that it is impractical or inappropriate to continue to work on the Document on the basis of that Limited Engagement.
  - They may decline to deal with, as part of a Limited Engagement, any requests, issues or questions made or raised by you if they are not essential to their work on the Document.
Our rights to make changes
1. We may make minor changes to the products and services that we offer to;
  - a) to reflect changes in relevant laws and regulatory requirements; and
  - b) to implement minor technical adjustments and improvements, for example to generally improve our product offering to address a security threat.
2. We reserve the right to add/remove products and services at our sole discretion but will notify in advance of us doing so. If we make changes to a product or service before you have received this service, then you will have the right to cancel your contract with us and receive a refund (where applicable) for any product or service not already received.
Your rights to make changes
1. If you wish to make a change to the services that you have ordered then please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8 - Your rights to end the contract).
Providing the products
1. Postage costs. Any delivery costs for physical aspects of the services that we provide to you will be quoted to you at the time of purchase.
2. When we will provide the products. During the order process we will let you know when we will provide the products to you or this will be indicated directly on our Website.
3. We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
4. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, information about executors and beneficiaries of a will or estate. If so, this will have been stated in the description of the products on our Website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying our services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
5. Reasons we may suspend the supply of products to you.
  We may have to suspend the supply of a product to:
  - a) deal with technical problems or make minor technical changes;
  - b) update the product to reflect changes in relevant laws and regulatory requirements;
  - c) make changes to the product as requested by you or notified by us to you (see clause 6).
6. Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 14 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7. We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 12.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 12.6). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 12.5).
Your rights to end the contract
1. You can always end your contract with us.
  Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
  - a) If what you have bought is misdescribed you may have a legal right to end the contract for example to get a service re-performed or to get some or all of your money back, see clause 11;
  - b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
  - c) If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
  - d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.
2. Ending the contract because of something we have done or are going to do.
  If you are ending a contract for a reason set out at (1) to (5) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
  - a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
  - b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
  - c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
  - d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 28 days; or
  - e) you have a legal right to end the contract because of something we have done wrong.
3. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights are under the Consumer Contracts Regulations 2013.
4. When you don't have the right to change your mind. You do not have a right to change your mind in respect of any services, once these have been completed, even if the cancellation period is still running;
5. How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered. If you have bought services from us (for example, our online will writing services) then you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
6. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods or digital content is completed when the product is delivered, downloaded or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
How to end the contract with us (including if you have changed your mind)
1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following: emailing us at help@carrmitchell.co.uk. Please provide your name, details of the order and, where applicable, your phone number, email address and home address.
2. How we will refund you. Where a refund is available, we will refund you the price you paid for the products or services, by the method you used for payment. However, we may make deductions from the price, as described below.
3. Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
4. When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, then your refund will be made within 14 days of your telling us you have changed your mind.
Our rights to end the contract
1. We may end the contract if you break it.
  We may end the contract for a product at any time by writing to you if:
  - a) you do not make any payment to us when it is due, and you still do not make payment within 14 days of us reminding you that payment is due; or
  - b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide our services.
2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
3. We may withdraw the product. We may write to you to let you know that we are going to stop providing a particular product or service. We will let you know at least 28 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
If there is a problem with the product
1. How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 01483 662962 or email to us at help@carrmitchell.co.uk or at our registered office listed at the beginning of these terms.
2. Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights. This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
  For all of the services that you purchase from us, the Consumer Rights Act 2015 says:
  - a) You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
  - b) If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
  - c) If you haven't agreed a time beforehand, it must be carried out within a reasonable time
Price and payment
1. Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We our best efforts to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.
2. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
3. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
4. When you must pay and how you must pay. We accept payment through our Website using. When you must pay depends on what product you are buying and we will always inform you of our payment terms when you request to purchase a service from us.
5. We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
6. What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
Our responsibility for loss or damage suffered by you
1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; including the right to receive products which are: as described and match information we provided to you and supplied with reasonable skill and care.
2. Our limit on liability to you: Other than under clause 13.1 above, our maximum liability to you is limited to 100% of the price that you have paid us for our products and services. For the avoidance of doubt this means that we will have no financial liability to you for any products or services that are provided free of charge to you or for any products or services that you purchase from a third party through our Website.
3. We are responsible to you for foreseeable loss and damage caused by us. Subject to the limits outlined in clause 13.2 above, if we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
4. We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
How we may use your personal information
1. How we may use your personal information. We will only use your personal information as set out in our Privacy Policy available online on our website.
2. Anonymised data - By accepting these terms, you consent to us sharing anonymised data relating to your use of our Website, products and services with our trusted third parties.
Other important terms
1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer, you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if there is a reasonable reason for us doing so.
3. Nobody else has any rights under this contract. Our contract is between you and us and no other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.