TERMS & CONDITIONS OF USE OF DIVORCE SERVICES LTD WEBSITE

Please read through the Terms and Conditions below and if you do not agree with them, we ask that you refrain from using our website and services. Your use of the services indicates your acknowledgement that you have read and accepted these Terms and Conditions without limitation or qualification.Were the term divorce is used in these terms and conditions it includes dissolution of civil partnership and all other services provided.

NATURE OF DIVORCE SERVICES LTD WEBSITE

Our website divorceservices.co.uk is the trading website for Divorce Services Ltd and is a place to select and buy divorce and other legal services we offer. The site also provides basic information regarding the divorce process in England & Wales and the Scottish Simplified Divorce System. None of this information or guidance notes constitutes legal advice.

BUYING SERVICES ON DIVORCE SERVICES WEBSITE

To order and pay for a service follow the instructions taking you to the ‘checkout’. Details of the prices of the services offered and the content of the services is clearly displayed on the website services pages.
Divorce Services Ltd accepts payment by Paypal account, debit and credit card and cheque if a postal service is requested. We also accept payment over the telephone. The price of the service is the price in force at the date and time of your order. We try to ensure that the prices displayed on our website are accurate. We are entitled to refuse any order placed by you. If your order is accepted we will confirm acceptance by way of email to the email address provided by you at the time of placing your order.

AVAILABILITY OF OUR WEBSITE

Divorce Services Ltd website is made available but we cannot guarantee that the website will operate continuously or without interruptions or be error free and will accept no liability for its unavailability. We reserve the right to alter suspend or discontinue any aspect of our website or the content and services available including users access to it. Unless otherwise stated any new service or information included on the website shall be subject to these terms and conditions.

JURISDICTION

Divorce Services Ltd website and legal services only deal with the law under the jurisdiction of England & Wales. Where specified information and limited services are available under the Scottish Simplified Divorce System.
This agreement shall be governed by and construed in accordance with English law and each party agrees to submit to the exclusive jurisdiction of the courts of England and Wales.

INFORMATION YOU PROVIDE

The following applies to any information you provide to us during any registration or ordering process. You authorise us to use store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address to the extent reasonably necessary to provide the services which are available on the website.
Once the service is purchased through the website you will be required to complete the appropriate questionnaires. The information provided by you in questionnaires emails or letters are collected into a file specific to you and shall be referred in these terms and conditions as ‘Personal Information’
You must ensure that the Personal Information you provide is accurate and complete and that all ordering or registration details (where applicable) contain your correct name, address and other requested details. For further information about how we deal with your personal information please read our privacy policy.
By accepting these terms and conditions you agree to the processing of the personal information for the purposes of providing the service purchased by you. You also agree that the personal information may be used by Divorce Services Ltd to promote and offer other legal services suitable for you. If you need to review or modify any part of your personal information then you should email us at
divorce@divorceservices.co.uk

 

INFORMATION GUIDES AND FORMS

You may not publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted by Divorce Services Ltd . You may download or copy the information contained on the site for your own personal use only.
In no event shall Divorce Services Ltd be liable for any indirect, incidental, special or consequential damages arising out of or in any way connected with the use of the documents, this Web site or the support service whether based in contract, tort, strict liability or otherwise. The liability of Divorce Services Ltd for direct loss arising out of the use of the information and documents, this Web site, and the support service whether based in contract, tort, strict liability or otherwise is limited to the total value of the transactions under which the claim arises for any one event or series of connected events.
Divorce Services Ltd shall make every effort to ensure that the divorce information and documents are updated regularly to ensure accuracy, but due to the changing nature of the legal system Divorce services Ltd strongly suggest you check the content of the website for updated information. However we are not liable for costs or damages arising out of the use of any documents  which have been superseded by changes to court documents.We recommend that all documents are used within six months.  Divorce Services Ltd pack services provides the necessary legal documents and information to complete your divorce. Our divorce pack is for information purposes only and does not provide legal advice, we recommend that you take the advice of a solicitor before proceeding.

LIMITATION OF USE

Services purchased include login and password details and/or a download link for you to download questionnaires and/or other documents and information. Login and password details and/or download links are time limited for a period of 14 days or 3 download attempts. After the 14 day period has lapsed or 3 download attempts, you will need to contact Divorce Services Ltd pack support to access your purchase. You are advised to download all documents at the time of purchase and save to your hard drive.
You may use the documents purchased as many times as you wish for your own personal use. Divorce Services Ltd suggest our website is checked regularly to ensure the documents and information is the latest version before reuse.

DELIVERY TIMES

Divorce Services Ltd make every reasonable effort to dispatch completed documentation to our clients within 48 hours of receiving full information. If further information is required than that provided in the questionnaires, the 48 hour period will run from the time the additional information is received. For the 48 hour service to apply, questionnaires and additional information should be with Divorce Services Ltd before 5.30pm Monday to Thursday (excluding national holidays) If submitted outside these hours, the documents will be dispatched at the earliest opportunity and within 12 hours of the next full working day.
If you opt for the printed pack service, Divorce Service Ltd will dispatch your completed documents within 48 hours of receiving the completed information required from you. Your documents will be forwarded to you by way of Royal Mail first class and should therefore be with you within 7 working days of having forwarded your information.
It is therefore imperative that the questionnaires are completed accurately with exact email and postal addresses otherwise documentation may not be received in the time period stated.

Whilst we do our utmost to comply with estimated timescales provided to you, it is only an estimate and therefore subject to external delays from third parties which are not within our control such as Court delays, Respondent’s non compliance and any postal delays.  We make every effort to update you during the process with altered timescales, but we strongly advise against making any arrangements for future events which are dependent upon your divorce being finalised until you are in receipt of your Decree Absolute.

 

EMAIL COMMUNICATIONS

Your allocated lawyer will make every effort to respond to your emails and enquiries within 48 hours of receiving the communication. This is providing the communication is received between Monday and Thursday before 5.30pm. (excluding national holidays) Email communications received outside that time will be responded to within 12 hours of the next full working day.
Allocated lawyers make every effort to contact managed divorce clients on a regular basis to ensure the client is fully informed of the progress of their matter

 

SUPPORT AND ASSISTANCE

Divorce Services Ltd guarantee all support and assistance to clients is provided by qualified experienced divorce lawyers at all times. Allocation of all our pack 2, 3 and 4 clients under English & Welsh jurisdiction is at the discretion of the directors of Divorce Services Ltd. The allocated lawyer will make initial contact with the client and be a point of contact and source of information and assistance throughout the process. Divorce Services Ltd reserve the right to re-allocate the case if and when necessary.
Where we have drafted documents and sent them to you for approval, extra costs will be incurred by you should you amend and/or change these documents in anyway.Please advice us of the required changes by email.
We do not provide legal advice or act for or represent you in any way as we are not solicitors. We do not manage contested or defended matters and our services are only suitable where the parties are amicable and cooperating.You act as litigant in person throughout the proceedings. It is your responsibility to ensure that all documents filed / lodged at court meet the required legal thresholds.You should always seek   independent legal advice. Your payment to us is to cover the costs of using our systems and procedures in assisting you in the management of the divorce process.

Under normal circumstances a court attendance will not be required but the court can order a hearing to be held were parties are required to attend. This is more likely where financial matters are being dealt with. You accept that if this is the case you will incur/be liable for the costs of legal representation and/or other related costs resulting from this/these hearings.

We reserve the right to withdraw our assistance at any time during the proceedings at our discretion and/or should you contact the court directly and/or file any applications or statements without our knowledge and agreement.

 
FINANCIAL ORDERS
Should you use our financial order services this service is provided by third party solicitors who are not connected in any way or are in partnership with Divorce Services Ltd. If you make a payment to us for a financial order service these funds will be held by us and paid to the third party solicitors for the work they have done for you.We may take the payment to facilitate the smooth running of our services but Divorce Services Ltd does not receive commission or paybacks from the third party solicitors for this service.
Should your personal financial circumstances need further negotiations with third parties and/or your circumstances are over and above the scope of a basic fixed fee financial order your assigned solicitor will advice you of any extra costs involved.
The services offered by these third party solicitors will be governed by their terms and condition and we are not liable for any costs or damage resulting from the use of their services however these may occur
You are not obliged to use the firm of solicitors we suggest. You can instruct any solicitor of your choosing to manage your financial matters. It is your responsibility to ensure that we are aware that your financial matters are being dealt with by a third party solicitor and to inform us if your solicitor needs to liaise with us during the proceedings.
All Third Party Rights under Contract (Rights of Third Parties) Act 1999 are expressly excluded from this agreement.

REFUND POLICY

This website complies with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 in that you have a 14 working day cooling off period to decide whether you wish to proceed with services supplied directly by Divorce Services Ltd, which starts on the day after you have purchased the service.

We will refund you within 14 working days. However you will not be entitled to a refund during the cooling off period if we have created any documents, as these are personalised and exempt from the regulations.

Once the documents (pack 1) or questionnaires have been downloaded, emailed or posted to you our liability for refund will cease as we will have been deemed to have started work for you.
Any refund guarantees at any time offered on our website will be subject to the above limitations.
 
Fees charged for fixed fee services is the fee charged for that service as a whole and no refund will be payable should you decide not to proceed with all or part of the service or should the matter become contested or defended.

If an unusable or incorrect email address is provided by the client and delivery of the login and password or links for download is not delivered, Divorce Services Ltd shall not be liable. In the unlikely event of the login and password details or download links failing, email communication should be made with Divorce Services Ltd . Every effort will be made to get the pack to you by return and within 24 hours if the communication is received Monday to Thursday before 5.30pm (excluding national holidays) or within 12 hours on the next full working day.
 
POSTAL SERVICES
 
Please note that when you order a postal version of our services we reserve the right to charge an extra reasonable fee. When you return documents to us we recommend you use a registered or signed for service to ensure it's arrival. You are responsible for the safe arrival of documents and we will not chase you for the return of any documents we have sent to you. Please ensure you use sufficient postage as we will not normally collect documents from the post office were postage has been under paid and therefore held by Royal Mail. Should we receive an under paid fee card from Royal Mail requesting a further fee payable for the release of this post and we collect this item to ensure the smooth running of your matter an admin fee of £20 will be payable.  Should documents posted to us by the court be lost in transit and an additional fee for the replacement of this document, certificate or order is charged by the court the cost of this fee will be met by you.

CUSTOMER CARE AND THE COMPLAINTS PROCEDURE

Divorce services Ltd are very proud of the services we offer and the standard of care taken to ensure all our clients are satisfied with the services provided.
In the event of a complaint, it is our policy to deal with the matter promptly and respond to the client within 36 hours by way of email. You can contact our Customer Services Manager on
csm@divorceservices.co.uk. Should you remain dissatisfied with the service, a telephone number should be provided to enable us to discuss the matter directly. A written response will follow the telephone discussion.Since February 2016, all businesses selling goods and services online to consumers in the EU must supply a link to the EU Online Dispute Resolution Platform on their website along with an email address. Follow this link
http://ec.europa.eu/consumers/ odr/

STATUTORY RIGHTS

These terms and conditions do not affect your statutory rights whatsoever

PRIVACY POLICY

Divorce Services Ltd will protect the identity and privacy of our users and clients. Information collected in the process of providing the service(s) purchased will be used in a strictly lawful manner and in accordance with the Data Protection Act 1998. We will not use our clients email address to contact individuals once the service is completed other than in relation to a query from them. Client email addresses are never provided to third parties.

LINKED SITES

Divorce Services Ltd make no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from Divorce Services Ltd and that we have no control over the content or availability of that website. In addition a link to any other site does not mean that Divorce Services Ltd endorses or accepts any responsibility for the content or the use of such a website and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
 
ADDITIONAL CHARGES
 
We reserve the right to charge administration fees where extra services need to be provided to you over and above the scope of any of our fixed fee services.Fixed fees cover our services were all parties are cooperating fully with the process and no other work other than the standard divorce process is required. Additional fees apply and these may include additional court fees were further applications / amended petitions and/or affidavits need to be provided to the court to progress your divorce even were all parties are cooperating but the court require clarification of any issues or further information. Fees apply where the court service have changed the format of their documents but you have not filed them at court prior to these changes. Should amendments be required once the documents have been created further fees apply. Should you request the matter to be put on hold and/or you fail to take steps to progress your divorce for a period of 3 months or more further fees may apply. Reactivation fess. If your matter is between 6 and 18 months old a reactivation fee of £79 will apply. If your matter has been dormant for more than 18 months then the Full fee for the service will need to be paid.
 
 
GENERAL LIABILITY DISCLAIMER

In no event shall Divorce Services ltd be liable for any indirect incidental special damages arising out of or in any way connected with the use of the information or documents provided on our website or for the support offered whether based in contract, tort strict liability or otherwise. The liability for direct loss arising out of the use of the documents on this website and the support offered is limited to the total value of the purchase under which the claim is made.
In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our web site or its contents we accept no liability for this loss or damage whether due to inaccuracy, error, omission or any other cause.

We ensure that all products/services purchased from our website will be in accordance with your written instructions. We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the products/services, our website or any information or service provided through our website. We will do our best to ensure that all materials and information published on our web site are accurate, but please note that all materials and information on our web site are provided on an 'as is' basis. The provisions of this clause do not affect your statutory rights.

In relation to the purchase of products/services, we accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue, or business whether direct or indirect however caused. You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use or website and is compatible with our website.
You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

We may alter these terms and conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version. If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them provided that our agreement is capable of performance without the said, illegal or unenforceable term.

Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy.