- PROVISION OF SERVICES
a) LAWPLAN agrees to use reasonable endeavours to provide the Service(s) to the Customer on the terms and conditions of this Agreement provided that LAWPLAN has accepted the Order. To the extent that there is any conflict between the terms of any Customer Order Form and these terms and conditions the terms of such Customer Order Form shall prevail.
b) It is estimated that the commencement date of the Services will be no more than five (5) working days after acceptance by LAWPLAN of the Order.
- SUBSCRIPTION OPTIONS
a) Monthly subscription entitles full use of whichever service facility subscribed to on a calendar monthly basis payable in advance.
a) The Minimum Period for the Service of 1 month commences on the date of the initial payment for that Service. This Agreement will continue after the expiry of the Minimum Period unless and until terminated by giving LawPlan 1 months written notice which includes email.
b) Where the Customer’s name or if applicable company registered number on the Customer Order Form is incorrect or incomplete, the Customer agrees that LAWPLAN may treat as being the Customer the individual or organisation that paid the Initial Service Charge for the Services.
- SERVICE FAILURES
a) LAWPLAN will use reasonable endeavours to provide the Services but LAWPLAN shall not be liable for any Service Failure resulting from factors outside LAWPLAN’s control.
b) LAWPLAN does not guarantee that the Services will be continuously available to the Customer or free from Service Failures.
- CUSTOMER RESPONSIBILITIES
a) The Customer shall at all times:
i. Comply with any reasonable directions or instructions (including requests for assistance or information) issued from time to time by LAWPLAN in connection with the Service(s); and
ii. pay LAWPLAN’s Charges under this Agreement on or before the due date for payment without set off or deduction; and ensure in so far as is possible that the Services are not used in any unlawful, improper or damaging manner; and
iii. indemnify and hold harmless LAWPLAN against all liabilities, claims, damages, losses, costs and proceedings howsoever arising from any improper use of the Services or other breach of the Agreement and all costs and expenses reasonably incurred by LAWPLAN in investigating and/or defending itself in relation to any such claim or proceedings; and
iv. provide all information and assistance reasonably required by LAWPLAN to enable LAWPLAN to perform its obligations under this Agreement.
- CHARGES AND PAYMENT
a) Subscriptions, whether monthly or annually are payable on completion of the Customer Order Form.
b) Monthly subscriptions are payable by direct debit every 30 days from the date of the Customer Order and are non-refundable under any circumstances with the exception of the Direct Debit Money Back Guarantee. LAWPLAN will provide Customers with a copy of their monthly invoice by posting invoices on the Customer section of the LAWPLAN website, or otherwise as may be notified to the Customer.
c) Unless otherwise agreed in writing LAWPLAN requires the Customer to pay all Charges by monthly direct debit. In the event that the Customer is unwilling or unable to pay by LAWPLAN’s chosen automated means, or such automated means are not set up or fail for any reason before LAWPLAN invoices the Customer, an additional administration charge may be levied for each invoice paid by any other method. Administration charges may also be added by LAWPLAN for any Direct Debit returned by the bank as unpaid.
d) Charges are exclusive of Value Added Tax which will additionally be payable at the applicable rate(s).
e) LAWPLAN shall exercise reasonable skill and care in the provision of the Services.
a) Except as stated expressly otherwise in this Agreement, in relation to the provision of Services, LAWPLAN shall have no obligation, duty or liability in or for contract, tort (including negligence and breach of statutory duty) or otherwise and all other conditions, warranties, terms representations and undertakings, express or implied (whether they are implied by statute, common law or in any other way) are excluded to the fullest extent permitted by law.
b) LAWPLAN will have no liability for the security of the Customer’s use of the Services or for any loss or corruption of any of the Customer’s data and the Customer shall be responsible for providing such safeguards as it deems appropriate.
c) LAWPLAN shall not be liable for any indirect or consequential losses, damage or expenses suffered by the Customer including (but not limited to) loss of anticipated sales profits or savings, goodwill, business contracts or losses resulting from third party claims.
d) Subject to clause 7(a), in no circumstances shall LAWPLAN’s liability to the Customer of any nature arising out of or in connection with this Agreement exceed one thousand pounds sterling (£1,000) for a single incident or series of related incidents.
- SUSPENSION OF SERVICES
a) Without prejudice to its rights under clause 11 LAWPLAN may suspend all or part of the Services or any of them for so long as reasonably required at any time if:
i. the Customer has not paid all or any part of any invoice for the Services within fourteen (14) days from receiving written notice from LAWPLAN that it is due and demanding payment;
ii. the Customer is in material breach of this Agreement or any other agreement between the parties;
iii. technical limitations exist or arise which make the provision of the Services impossible or materially limit the functionality or performance of the Services;
iv. if and to the extent that in LAWPLAN’s opinion the Customer’s conduct is likely to result in the breach of any law or is otherwise prejudicial to LAWPLAN’s interests
v. LAWPLAN has reason to believe the Services are being used for unlawful, fraudulent or improper purposes.
vi. In the case of any proposed disconnection LAWPLAN shall give the Customer due notice of any consequent service interruption or disconnection and, except in cases of fraud, persistent late payment or non-payment, any such service interruption shall be restricted, as far as technically feasible, to the Service concerned. In other cases, LAWPLAN shall give, as far as technically feasible, such notice as is reasonable in the circumstances.
vii. The Customer shall remain liable for all Charges during any period of suspension or disconnection attributable to the actions or omissions of the Customer.
- DATA PROTECTION ACT
a) Information that the Customer provides to LAWPLAN about private individuals relevant to LAWPLAN’s dealings with the Customer will be stored within LAWPLAN’s computer system and manually for so long as may be necessary to provide the Services and until any Charges cannot be lawfully challenged, subject to any maximum and/or minimum periods prescribed by any Regulation.
b) For the purpose of the Data Protection Act 1998 (the “Act”) LAWPLAN will only use such information for legitimate purposes, including: communicating with the individuals concerned as necessary in connection with the Customer’s dealings with LAWPLAN.
c) LAWPLAN is permitted under the Act to hold and use personal data for the purposes specified above. It will not process such data provided by the Customer otherwise than for those purposes or as otherwise required by the Customer.
- TERMS OF THIS AGREEMENT
LAWPLAN may at any time amend the terms of this Agreement:
a) On giving not less than one month’s notice to the Customer such notice to be sent to the Customer by email or letter; or with immediate effect on giving to the Customer such notice as is reasonable in the circumstances.
b) The Customer will be bound by such amended terms if it continues to use the Services after the date of any such amendment, save that the Customer may by not less than one (1) month’s counter-notice expiring on or before the date of the change terminate this Agreement.
a) LAWPLAN may terminate this Agreement by giving the Customer not less than one (1) month’s written notice and the Customer may terminate this Agreement on the same basis
b) Any termination of this Agreement shall be without prejudice to the rights of either party accrued to the date of termination.
c) On termination of this Agreement for whatever reason, each party shall promptly return to the other any property or information belonging to such other party.
a) Neither party shall disclose to any third party without the prior consent of the other party any confidential information which is received from the other party as a result of this contract. Both parties agree that any confidential information received from the other party will only be used for the purposes of providing and receiving Services.
- FORCE MAJEURE
a) Neither party shall be liable to the other party for any delay in performing or failure to perform any of its obligations under this contract (other than the obligation to pay the Charges) which occurs as a result of circumstances beyond a party’s reasonable control (a Force Majeure Event) including (but not limited to) terrorist attacks, riots, fire, explosion, accidental damage, adverse weather conditions, power failures, non-availability of any third party telecommunication equipment.
b) If the Force Majeure Event continues for a continuous period of more than three months, then either party may terminate this contract by giving not less than fourteen (14) days’ written notice to the other party.