There are two schedules to these terms and conditions; Schedule 1 defines the terms and conditions of Valulife Limited (“Valulife”)’s relationship with you as you interact with our Website, Products and Services.
Schedule 2 covers terms on which you may engage with Valulife Trustees Limited (“Valulife Trustees”) to act as executors of your Will. This latter is supplemental service available to all users as optional but will not be relevant to all users.
2. General
These terms and conditions apply to any persons using the Valulife’s Website (“the Website”) and provide the terms for any contract between you and us if you purchase any services or documents offered on the Website including those set out in section 6 below (“Services”).
Understanding these terms is important; by using the Website and creating a document, you acknowledge that you accept all parts of these terms and conditions and confirm that any other person who will create a document as a result of a purchase made by you through the Website (“other party”) accepts all parts of these terms and conditions. You should not proceed to use the Website or create a document unless you and any other party are agreeable to and accept these terms and conditions. For instance, these terms include the following topics:
Our services and products are provided by, and you are contracting with:
Valulife Ltd
registered and operating under the laws of England and Wales
34-36 Abington Avenue,
Northampton,
NN1 4NY
Our company registration number is 12406683
Our registered VAT number is GB 341940314.
You can contact us by writing to us at [email protected] or to our registered office above. 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.
Our acceptance of your order for Documents or Services will take place at the time when we process your order, and you make a payment, at which point a contract will come into existence between you and us.
If we are unable to accept your order, we will inform you of this and will not charge you for the Documents or Services. 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.
You must be 18 years or over to be able to register and to order Documents or Services from us.
We offer you a range of different products and services and a full description of each service is available on our Website. Each description is subject to change, as outlined in section 6, and we reserve the right to amend or withdraw any product or service at any time under these terms.
Please note that nothing on our Website at any time shall constitute legal advice. If you wish to seek legal advice about any of our products and services, then you should contact an appropriately qualified legal advisor. We are not a law firm and are not regulated by the Solicitors Regulation Authority.
Any product or service purchased through the Website is for personal use only, and you are not permitted to re-sell any product or service purchased from the Website without our written permission in writing.
6.1 Electronic Drafting Service
Our primary service allows you to produce a Will by using a series of questions to determine its content; it solely relies on information that you enter into our Website. Any documents created using the Will Preparations Service will be accessible once you have completed the questions and made payment.
It is your responsibility to ensure that all information entered into the Website is accurate and up to date. The responsibility rests with you to make any future reviews of your document to ensure that changes in your circumstances, the law, or applicable taxation have not rendered the terms of your document inappropriate. We will accept no liability in this regard.
If you have any doubts about the suitability of a document for your requirements or circumstances, you should take professional legal advice before you create, use, sign or execute a document.
6.2 Valulife Membership Service
Once your Will is complete using our Electronic Drafting Service, you’ll get access to Valulife Membership for a period of 12 months for free, after which you’ll pay £12 per year to provide you with peace of mind.
(a) What you can expect from us:
When you subscribe to our Valulife Membership, we will:
We accept no liability for the guidance or the enforceability of your Will.
(b )What we cannot do:
The Valulife Membership cannot be relied upon as a substitute for legal advice. If you have concerns about the suitability of the service, we advise to seek a legal professional or a licenced entity to allay such concerns.
For the avoidance of doubt, we cannot:
7.1 Your data
For access to our products and services on the Website on you will need to register (free of charge). As part of the registration process, you agree to provide us with truthful, accurate and complete information.
We will retain any details that you provide and documents that you have created using the Electronic Drafting Service in electronic form for as long as is necessary for us to provide the relevant service and for our legal and administrative purposes. We do not provide a storage service for any document that you create and may delete such document after some time.
We recommend that you promptly download your final document and make suitable arrangements for its storage. It is also good practice to ensure that any executor(s) named in a Will has details of where the document is stored.
All personal information supplied by you will be protected and used in accordance with the terms of our Privacy Policy.
7.2 Data you provide relating to another person
Where you supply personal information about other individuals, you thereby confirm that you have their permission to pass their details, including any sensitive data, to us, for their details to be used in producing the Will. You warrant they are agreeable to us holding and processing this information and data.
The personal data you provide about other individuals will only be used in connection with the provision of our products and services and will be processed in accordance with our Privacy Policy.
7.3 Recording and reviewing calls and emails.
We (or companies acting on our behalf) may record and review telephone calls or emails to enable us to monitor quality standards and for training purposes. All recordings or electronic communications stored will be processed in accordance with the terms of our Privacy Policy.
7.4 Collaborating with third parties to provide products and services
We may engage the services of third parties to provide or assist us in providing products and services to you and any other party. You agree that we may pass on to such third parties that we engage for this purpose, any data or information that you provide to us. By using or purchasing a product or service, you confirm that you have also obtained the consent of anyone that you (or any other party) have provided data and information about when using the Electronic Drafting Services to their data being passed on to a third party in the way described above.
8.1 Your rights to make changes
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 10).
8.2 Our rights to make changes
We may make changes to the products and services;
8.3 We reserve the right to add/remove products and services at our sole discretion
We will notify in advance of adding/removing products and services. 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.
9.1 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 (Inclusive of VAT).
9.2 When we 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. If you request ongoing services or subscriptions, we will also tell you during the order process when and how you can end the contract.
9.3 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 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.
9.4 What will happen if you do not give the 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.
9.5 Reasons we may suspend the supply of products to you.
We may have to suspend the supply of a product to:
9.6 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.
9.7 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, 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. 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.
10.1 Your rights to end the contract
Due to the personalised nature of the products and services we provide, you can only cancel after payment for a completed document or service where:
For instance, where you only use our Electronic Drafting Service, if you cancel before paying for and downloading a completed document, you will not be charged; after that point, there will be no 14-day cooling-off period, and no refund will be due to you.
In accordance with section 28 (1) (b) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, your right to end or cancel the contract does not apply after your document is downloaded by you or is posted to you save for in the circumstances outlined above.
10.1.1 Ending the contract where we are not at fault, and there is no right to change your mind.
A contract for goods or digital content is completed when the product is delivered or downloaded 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 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 or services 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. In any event, it will never be for a higher amount than what you would have paid for the product or service.
10.2 How to end the contract with us (including if you have changed your mind)
10.3 Our rights to end the contract
10. 3.1 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:
10.3.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.3.1, 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.
10.3.3 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.
The following provisions set out our entire financial liability for direct or indirect loss (including any liability for the acts or omissions of our employees, agents and sub-contractors).
11.1 We will not have any responsibility for the following:
12.1 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 the information we provided to you and supplied with reasonable care and skill.
12.3 Our limit on liability to you: Other than under clause 12.1 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.
12.4 We are responsible to you for foreseeable loss and damage caused by us. Subject to the limits outlined in clause 12.2 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.
12.4 We are not liable for loss of business opportunities or chance. 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 profits, revenues, business interruption, goodwill or anticipated savings.
13.1 Content provided on the Website
Unless otherwise indicated, all rights (including but not limited to copyright) in the design, text, graphics, software and other content and materials on the Website (“Content”) are owned or controlled for these purposes by Valulife Limited.
We aim to update the Website regularly and may change the content at any time without notice. However, we do not guarantee that the information provided on the Website is up-to-date, complete and accurate at any given time.
13.2 Third parties
We work with several third-party organisations which will, in turn, deliver their services to you, such as Valulife Trustees.
Your contractual relationship with such third parties shall in no way involve Valulife unless this is agreed in writing. We therefore strongly recommend that you read their terms and conditions before entering into a contract with them. We accept no liability for any act or omission of any third-party organisations that you are introduced to by Valulife, and you are entering into agreements with them at your own risk.
13.3 Availability of the Website
We will make all reasonable efforts to keep the Website available for use; however, we can’t guarantee the Website will always be accessible.
If you are having problems accessing the Website, then please email us at [email protected].
13.4 Viruses, security and your use of the Website
Due to the nature of the internet and the possibility of third-party interference, the Website is not guaranteed to be free of all viruses and technical defects of any description or any forms of computer misuse. We will not be liable for any damage or loss caused by such third-party interference as a result of your use of the Website. We recommend that you make back-up copies of your data and appropriate precautions to protect your computer systems against technical defects, viruses or computer misuse.
Any user identification code, password or any other piece of information forming part of our security procedures (“Security Details”) should be kept confidential and should not be disclosed to any third party. You should log out when not using the Website to prevent unauthorised access. Please notify us at [email protected] if you suspect any unauthorised use of your Security Details.
14.1 Third-party rights
No person other than you has any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these terms and conditions. For instance, the beneficiaries of a Will created using our Will Preparations Service have no vested rights in any circumstances.
14. 2 Modifications to these terms and conditions.
We reserve the right to change the terms, conditions, and disclaimers under which the Website or any user service is offered. Any such changes made by us shall not alter the terms that applied to purchases you made, or your use of the user services, before the date of the change.
14.3 Governing law, jurisdiction and severability.
These terms and conditions and any non-contractual obligations arising out of or in connection with these terms and conditions are subject to the law of England and Wales, and any disputes will be dealt with exclusively by the Courts of England and Wales.
Any provision of these terms and conditions that is declared void or unenforceable by any competent authority or court shall, to the extent of such invalidity or unenforceability, be deemed severable and the other provisions of these terms and conditions shall continue unaffected.
14.4 Website Access facility
We have a facility that enables us to access your account, or any Documents you have created or started, and perform actions as if we were you. We will only ever use that facility when it is necessary in order to action a support request that you have made to us, whether by email or by telephone. You consent to us using this facility in this way when you accept the terms and conditions. By accepting the terms and conditions, you also agree to comply with the instructions we may give you to ensure that the use of this facility is effective.
For the avoidance of doubt, we shall not ever, unless you are on a telephone call with us at the time and specifically provide your consent, use this facility to accept any contractual terms or other legal acknowledgements or to make any payments, on your behalf.
14.5 Customer Care
We strive to consistently provide our products and services with reasonable care and skill. If we do not meet the quality level described, you agree to tell us, and we will work with you to try to resolve the issue.
If you’re unhappy with our service, please contact us at [email protected]. We will inform you of our complaints procedure and get back to you within 5 days of receipt and aim to provide you with the outcome of our investigation within 56 days of receipt of the complaint.
As Valulife Limited are not regulated by the Solicitors Regulation Authority (SRA), you will not be able to make a complaint about Valulife Limited to the SRA or make a claim on the SRA compensation fund.
The European online dispute resolution (ODR) platform can be accessed here: https://ec.europa.eu/consumers/odr/. This can be used for resolving disputes about products and services purchased online.
These terms do not and are not intended to prevent you from seeking other means of redress.
These Terms & Conditions help define Valulife Trustees’ relationship with you where you chose to receive our Executor Service additional to any other Services from Valulife. For the avoidance of doubt, Valulife Trustees is a separate entity from Valulife, and our responsibilities arise solely on the condition that you appoint us as executor of your Will. This service is optional, and these terms do not apply to all users of the Website.
Please read these additional terms and conditions carefully before you appoint Valulife Trustees to provide the Executor Service.
Our Executor Service is provided by, and you are contracting with:
Valulife Trustees Ltd
registered and operating under the laws of England and Wales
34-36 Abington Avenue,
Northampton,
NN1 4NY
Our company registration number is 12604160
Our registered VAT number is xxxxxxxx.
You can contact us by writing to us at [email protected] or to our registered office above. If we must contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us.
16.1 Where we are appointed to provide the Executor Service in your Will, there are no fees payable prior to the Testator’s death.
16.2 We will charge a scale fee; the current minimum fee being £500.00 and an additional fee on consideration of the complexity of the estate, up to a maximum of £2750.00.
16.3 We are entitled to the scale fee in force at the date of death, and our fee shall be free from all taxes and duties and a first charge on the estate. We may change our scale fee from time to time after the Testator’s death and reserve the right to charge the estate the scale fees in force when the estate is invoiced.
16.4 In consideration of the complexity of the estate, we will take into account factors such as valuation, joint property, landed property, assets abroad, reconciliation or compilation of accounts, dealing with a business and the number of HM Revenue & Customs forms and other attendances or other exacting administration duties.
16.5 The total fee is payable on issue of a Grant of Probate.
16.6 In the course of providing the Executor Service, Valulife Trustees may incur further expenses chargeable in addition to the scale fee. These expenses may include professional fees such as solicitors’, surveyors’, estate agents’ and Stamp Duty costs.
16.7 Our scale fees and expenses will normally be payable of the estate capital. Valulife and its co-executors (if any) will have the discretion to charge fees and expenses, in whole or in part, against income, or between different interests in income or capital.
17.1 We usually appoint a solicitor to perform legal work in connection with distributing the estate in accordance with the Testator’s instructions. Valulife Trustees reserves the right to appoint a solicitor of its choice and appoint other professionals necessary for the proper administration of the Testator’s estate. All reasonable expenses so incurred fall under further expenses payable in addition to our fee (see clause 16.2 and 16.6 respectively).
17.2 Valulife Trustees may, in the course of providing the Executor Service, exercise any power to act by its properly appointed or nominated officers.
17.3 We may, at our absolute discretion, vest any property of the estate or trust in any person or corporate body as its nominee.
17.4 In the event that Valulife Trustees is jointly appointed as executor with other persons or parties, all money, documents and property belonging or relating to the estate will be under our control; any other duly appointed executor will be provided with reasonable facilities to verify and request any information required for accountability. The name “Valulife Trustees Limited” shall be placed first in the registers of all property (including shares, securities, registered stock or land).
17.5 Where any rights, benefits or shares are held by Valulife Trustees in relation to a going concern, trade or business with unlimited liability, we will continue to do so only with a view to realisation and/or distribution (save for good reason to the contrary) on the basis that we are indemnified against any expenses, losses or debts by the estate. We are under no obligation to hold such rights, benefits or shares in the name “Valulife Trustees Limited” and do so only on our sole discretion.
17.6 Further to clause 17.5, you agree that Valulife Trustees and its co-executors (if any) have power, without an order of the court, to effect any transaction relating to any trade, sole proprietorship, partnership or shares which the court would generally have jurisdiction to authorise under section 57 of the Trustee Act 1925.
17.7 Valulife Trustees may purchase insurance on behalf of the estate to protect against any risk which we consider may affect the estate assets. Any premiums, fees or costs of such insurance may be deducted from estate income or estate capital at our sole discretion.
18.1 We do not provide legal advice on the preparation of wills; please refer any such concerns to an appropriately qualified legal advisor.
18.2 We may subcontract part(s) of the Estate Service and assign, novate or transfer any part (s) of our rights and obligations under these terms and conditions to another organisation without your consent or notice.
18.3 We reserve the right to alter or vary these terms and conditions at any time without notice.
18.4 We will use the personal information you provide to us to supply the Estate Service, and it is processed in accordance with our Privacy Policy.
18.5 Any provision of these terms and conditions that is declared void or unenforceable by any competent authority or court shall, to the extent of such invalidity or unenforceability, be deemed severable and the other provisions of these terms and conditions shall continue unaffected.
18.6 These terms and conditions and any non-contractual obligations arising out of or in connection with these terms and conditions are subject to the law of England and Wales, and any disputes will be dealt with exclusively by the Courts of England and Wales.