This notice is made, and these Terms of Service are published, by Bequeathed Limited (a company registered in England and Wales with company number 10960116), whose registered office is at Acre House, 11/15 William Road, London NW1 3ER, email address is [email protected], and telephone number is 01727 222297.
Our website to which these terms refer is located at www.myintent.life (Website).
These Terms set out the basis upon which you may use the Website and govern how we will provide a service you order through our Website, including our Will Instruction Service, and which we have agreed to provide (the Services), our fees for that Service (if any), and your responsibilities.
The range of Services we provide and how you can order them are described on the Website.
Our Services include our Will Instruction Service where we partner with law firms to record the will writing instructions online of people who are clients of the firm (or who intend to become clients of the firm), and to generate documents from those instructions for the law firm to use as it sees fit.
All information uploaded by you as a client or prospective client of a law firm to our Website is confidential and subject to our Privacy Policy. That information is only shared with the firm when you instruct us to do so having had the opportunity to consider that law firm’s privacy policy under which the firm will receive and handle your information it receives from us.
As a law firm’s client you will not pay a fee to us for the Will Instruction Service.
Instead, the law firm pays to subscribe to our service and we charge the firm a fixed fee for the work we do recording your instructions and preparing documents from those instructions for the firm. That fee will be set out in the Client Care Letter we send to be signed by the firm and by you at the end of the Online Will Interview.
All legal advice and any Will prepared for you by a law firm will be provided solely by that firm to you under the terms of the firm's engagement with you as its client, and not by us.
If you accept these Terms by ticking the applicable box on the registration page of the Website and register as a user of the Website, they will become binding upon us both and form an Agreement. If you subsequently sign a Client Care Letter with us, then these terms will apply to that Client Care Letter also. In the event of a conflict between the terms of these Terms and such a Client Care Letter, these Terms shall prevail.
The Agreement will start at the time on the date you register and end when it is terminated by either of us in accordance with its terms. Certain terms will continue in accordance with clause 8.2 (Consequences of termination) even after Agreement has ended.
A glossary of the words and phrases used in these Terms is set out below, together with rules to be applied to understand what they mean for you.
In addition, references to we are to Bequeathed Limited trading as MyIntent, and to you are to person to whom the Service is or is to be provided.
1. Use of MyIntent
1.1 Technical issues
1.1.1 We do not offer any assurance that MyIntent will be compatible with your computer.
1.1.2 On occasion MyIntent may not be available and your access to MyIntent may from time to time be interrupted or contain errors. We will not be liable if we are unable to provide MyIntent for any reason.
1.2 Prohibited acts
1.2.1 MyIntent may not be used to:
(a) impersonate any person or falsely state or otherwise misrepresent yourself, or your relationship with any person or organisation;
(b) use or attempt to use the account of any other user without the consent of that user or our prior written authorisation;
(c) upload, publish or display any personal or confidential information of any person or organisation without their prior consent;
(d) upload, share or otherwise make available any material that contains viruses or malware;
(e) upload, share or otherwise make available any material which may be defamatory, illegal, discriminatory in any way, of a sexual nature or otherwise offensive or harmful to other users of MyIntent or others;
(f) upload, share or otherwise make available any material which is deliberately misleading or fraudulent; or
(g) intimidate or harass any person or organisation.
1.2.2 We may remove from MyIntent any material that we consider to be in breach of this clause.
1.3 Security
1.3.1 During registration you will be issued with a username and password which will allow you to use your account and the materials available to registered users. Please keep the username and password confidential.
1.3.2 It would be helpful for security reasons if you do not leave your computer unattended while logged on to MyIntent and if you log off each time you are finished using it.
1.3.3 We are not liable for any loss, damage, cost, or expense you suffer as a result of someone using your account without permission due to your failure to keep your account and password confidential and secure until you have let us know of the suspected breach of security and we have had a reasonable time to take appropriate measures.
1.3.4 Please let us know as soon as possible if you think that an unauthorised person knows your username or password or has access to your account.
1.3.5 To ensure we keep MyIntent secure we may need to suspend or terminate your account if we suspect an unauthorised person is attempting to access it.
2. Appointment
2.1 Subject to the terms of any Client Care Letter you agree with us, you appoint us to supply the Service, we accept the appointment, and you must pay any Charges.
2.2 You agree to these Terms for your own account and not as agent on behalf of any third party.
2.3 We may appoint agents and sub-contractors to perform any of our obligations under this Agreement or a Client Care Letter; if we do so, we are liable for a breach of the Agreement or Client Care Letter caused by the acts or omissions of our agents or sub-contractors.
2.4 In the performance of a Service, we have full discretion, authority, right, and power to act on your behalf in giving instructions and notifications and to provide information to third parties as may be required to perform the Service.
2.5 Where a Service includes introducing you to a third party so that you may receive advice from that third party under a Client Care Letter or any other terms you agree with that advisor, we will notify you if that party is not regulated.
2.6 We promise you that we have the right to provide the Services and the Services will be provided in accordance with our Privacy Policy, reasonable care and skill, and applicable law and regulation binding on us.
2.7 We do not accept responsibility and exclude all liability for services, products, policies, works or materials of third parties, whether we introduced you to a third party through the Service or not.
3. Your right to cancel
3.1 You have the right to cancel a Service under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and (subject to clause 3.3) receive a refund for any Services you have paid us for within 14 days of ordering the Service.
3.2 You may exercise your right to cancel by emailing [email protected].
3.3 If we start work prior to the expiration of that 14-day period and you cancel within the 14 days, we may charge you a reasonable proportion of the Charges to reflect the work and tasks we have already undertaken.
3.4 If we make available a Product, in respect of which you have paid Charges as a digital download within the 14-day period and you do download, then you waive your right to cancel.
4. Charges
4.1 What are the Charges?
4.1.1 The fees payable by you, if any, for our Services and when they are due are set out on the Website.
4.1.2 At the date of this Agreement, there are no Charges for our Will Instruction Service. However, you should note that a Panel Legal Firm who accepts instructions to advise you and prepare a Basic Will:
(a) will charge you a fee for its legal service as set out at 5.4.3(a) and at 5.4.4(b)
(b) will be required to pay us a fee as set out at 6.2.
4.1.3 We will never charge you a fee for a Service which you have not accepted, but signing a Client Care Letter with us constitutes your acceptance of the Charges for the Service set out in the Client Care Letter.
4.2 When must the Charges be paid?
4.2.1 Your obligation to pay Charges varies according to the Service; details of the amount and when payment is due and when we will raise an invoice are set out on the Website or in the Client Care Letter as applicable.
4.2.2 You must pay Charges within thirty (30) days after receipt of a valid value added tax invoice direct to the bank account stated on the invoice.
4.2.3 All Charges are stated to be inclusive of VAT.
5. Will Instruction Service
5.1 Purpose of the Online Will Interview and our respective responsibilities
5.1.1 The Online Will Interview is your opportunity to give us information about your circumstances and your wishes that we judge are relevant to preparing your Will.
5.1.2 We have designed the Online Will Interview to gather information from you, including information you might not have known was relevant to tell us about.
5.1.3 We will treat the information you provide us through the Online Will Interview as confidential. We will only transfer it to your Legal Advisor and not to any other third party and only when you instruct us to do so via a Client Care Letter.
5.1.4 If you fail to answer a question in the Online Will Interview that did apply to you or if any answer you have given or do give to us is inaccurate or misleading, then the will making guidance we provide to you and the instructions we collate and the draft Will and Letter of Advice we generate for your Legal Advisor to consider and advise you on might also miss something important or be inaccurate.
5.1.5 It is therefore your responsibility to:
(a) ensure you have answered all questions we ask that you know or ought reasonably to have known apply to you; and
(b) to ensure that your answers are as complete and accurate as possible.
5.1.6 If you are in any doubt about any answer you did or did not provide, or think there may be something else affecting your circumstances or wishes that we did not ask you about in the Online Will Interview, then you must tell your Legal Advisor.
5.2 Outcome of the Online Will Interview
5.2.1 We will provide you with online guidance on the issues we have identified from the information you provide to us and about which we recommend you take legal advice from a Legal Advisor before making your Will.
5.2.2 We will record your responses to those recommendations so that your Legal Advisor may consider the issues and your attitude to the risks and opportunities identified in your circumstances and wishes when advising you.
5.2.3 Our system will also generate a draft Will from the information you provide and a draft Letter of Advice which we will make available to your Legal Advisor.
5.2.4 You are not entitled to receive a copy of either of the documents at 5.2.3 from us and you cannot rely on them if you obtain a copy; this does not affect the separate rights you may have in respect of the Will and any associated advice you receive from your Legal Advisor.
5.3 Instruction of a Panel Legal Firm to become your Legal Advisor
5.3.1 Once you have completed the Online Will Interview and submitted your decisions in respect of the recommendations made, we will send a Client Care Letter to a Panel Legal Firm so that it may consider accepting our instructions to provide you with legal advice and, if appropriate, prepare a Basic Will.
5.3.2 What is and is not included in a Basic Will is set out in the Glossary and it is particularly important you read that definition.
5.3.3 Where you have been invited to register on our Website by a Panel Legal Firm because you intend to instruct that firm to prepare your Will and if you have registered to use our Website on that firm’s landing page on our Website, then the Client Care Letter will be automatically sent to that firm.
5.3.4 Subject to 5.3.3, we have complete discretion over the allocation of your instructions to any Panel Legal Firm we consider suitable though it is always up to you whether you subsequently choose to sign a Client Care Letter to appoint them as your Legal Advisor.
5.3.5 If a Panel Legal Firm indicates it is willing to accept instructions from you by signing the Client Care Letter, we will send the Client Care Letter to you for you to accept and sign if you choose to do so.
5.3.6 If you sign the Client Care Letter, it will become the agreement between you and the Panel Legal Firm to advise you and prepare your Will, at which point the Panel Legal Firm becomes your Legal Advisor.
5.3.7 Your Legal Advisor may subsequently ask you to sign additional documentation to govern its relationship with you, including where its risk and compliance processes require it.
5.3.8 A copy of the signed Client Care Letter will be automatically provided to us with:
(a) your authorisation for us to transfer the information you have provided to us and the draft Will and draft Letter of Advice generated by the Website from that information to your Legal Advisor, and
(b) your acknowledgement that your Legal Advisor will receive and use that information in accordance with its own privacy policy (for which the text or a link to the text will be provided in the Client Care Letter) to advise you and prepare your Will.
5.3.9 After receipt of the copy of the Client Care Letter at 5.3.8, we will email you with a link so that you may book the appointment with your Legal Advisor at which they may advise you and, subject always to their terms of engagement with you, provide you with a Will.
5.3.10 Our Will Instruction Service to you will end when:
(a) we are unable to find a Panel Legal Firm to accept your instructions, or
(b) when you decline to sign a Client Care Letter, or
(c) you do not sign the Client Care Letter within 30 days of it being sent to you, or
(d) you have booked your appointment with your Legal Advisor or,
(e) if you do not book your appointment using the link, then 4 weeks after we provide you with the link.
5.3.11 After our Will Instruction Service ends, subject to these Terms you may continue to use the Website and procure other services that we may make available through MyIntent.
5.4 Engagement of a Panel Legal Firm to become your Legal Advisor
5.4.1 The fact that you enter your circumstances and wishes into the Online Will Interview does not mean:
(a) we agree to provide the Will Instruction Service to you (and we will not do so if you indicate in the Online Will Interview you are unwilling to take legal advice we regard as necessary rather than only beneficial), or
(b) that a Panel Legal Firm will accept you as a legal client or undertake responsibility to advise you or provide you with a Basic Will or any other Will.
5.4.2 Subject to 5.4.1, where a Panel Legal Firm to whom we send a Client Care Letter declines to sign, we will use our best endeavours to inform you of why the firm declined and, if appropriate, to find another Panel Legal Firm for you.
5.4.3 Subject always to the terms on which your Legal Advisor agrees to provide you with advice, Panel Legal Firms agree with us:
(b) To assess whether:
(i) you understand the significance and effect of a Will
(ii) you understand the extent of your estate
(iii) the decisions you are making are your own
(c) To take reasonable care to ensure the Will supplied to you adequately meets your needs (though it need not be ideal if advice has been given to you on the benefits of additional steps and you have rejected that advice).
(d) To provide the advice through an in-office or video appointment but not for in-home or in-hospital appointments for which additional fees may be due.
(e) Not to significantly limit its liability for the advice it provides to you.
5.4.4 Subject always to the terms on which your Legal Advisor agrees to provide you with advice, Panel Legal Firms agree with us:
(a) If, in the professional opinion of your Legal Advisor, additional advice beyond what it can deliver in the appointment at 5.4.3(a) will be in your best interests, then it will communicate to you the additional work it proposes, the benefits, and the cost in addition to the fixed fee (if applicable) for a Basic Will;
(b) If you choose the additional services, you will be responsible to your Legal Advisor for the fixed fee (if applicable) for a Basic Will and for the additional cost;
(c) If you choose not to purchase the additional services as advised, but your Legal Advisor is nonetheless satisfied that the Basic Will adequately caters for your needs (even if it is not ideal), then your Legal Advisor may send you the Basic Will upon payment of the fixed fee (if applicable) for a Basic Will;
(d) If, in the professional opinion of your Legal Advisor, the Basic Will does not adequately cater for your needs, and you are not prepared to pay for the additional advice or services it regards as necessary, then your Legal Advisor shall be under no obligation to provide the Basic Will or any other Will to you;
(e) you can expect your Legal Advisor to explain to you why it is unwilling to send a Basic Will to you.
5.4.5 Unless the Legal Advisor is us (where we have accepted your instructions to advise you and prepare your Will by signing a Client Care Letter with you), if you have any complaint or claim in respect of the legal service provided by one of our Panel Legal Firms, you must deal with that firm because we undertake no responsibility or duty to you in respect of the services of Panel Legal Firms.
5.5 Legal advice
5.5.1 The guidance, chat and tools on this Website are not, nor are they a substitute for, legal advice and your use of the Website will not be supervised by us.
5.5.2 When you use MyIntent, you will only receive legal advice under a Client Care Letter through which you appoint your Legal Advisor to provide that advice and your Will.
5.5.3 Unless your Legal Advisor is us and then only to the extent set out in our Client Care Letter with you, we do not undertake a duty of care or responsibility or provide any assurance of quality to you or anyone else in relation to the legal advice, including any Will, you may receive from a Legal Advisor.
5.5.4 Unless your Legal Advisor is us and then only to the extent set out in our Client Care Letter with you, we disclaim and exclude all liability in connection with the legal advice, including any Will, you may receive from a Panel Legal Advisor except to the extent our duties, responsibilities or liabilities cannot be excluded or limited by law.
5.5.5 None of the information you provide to us for the purposes of us supplying the Will Instruction Service will attract legal professional privilege.
6. Fees paid to us by a Panel Legal Firm
6.1 A Panel Legal Firm will pay us a setup fee to become a Panel Legal Firm and an annual subscription fee for the use of our software as a service.
6.2 Your Legal Advisor may be required to pay a fixed fee to us in respect of our preparation of your instructions. Where that is the case, the Client Care Letter will set out what that fee due to us from your Legal Advisor is.
6.3 Unless we are your Legal Advisor, we will not have any right to a share of the fees you pay to your Legal Advisor for advising you and preparing your Will under the Client Care Letter or any other legal service you agree to purchase from your Legal Advisor in the future.
7. Compliance
7.1 Data protection
Important information concerning our processing of personal data is set out in our Privacy Policy, which sets out details about our processing of personal data you upload into MyIntent.
7.2 Recording of telephone calls
All help and assistance given by us over the telephone, WhatsApp or by video may be recorded. All records of telephone and video calls are subject to our Call Recording Policy and our Privacy Policy.
8. Termination
8.1 Termination for convenience
Either you or we may terminate this Agreement for whatever reason by giving the other 14 days’ notice.
8.2 Consequences of termination
Termination of this Agreement does not affect the rights of either you or us which have accrued on or before termination under clauses 2.7 (limitations to Appointment), 5.5 (Legal advice), 9 (Intellectual property rights), 10 (Third-party websites and content) each of which survive termination of this Agreement or termination of a Client Care Letter between us.
9. Intellectual property rights
9.1 MyIntent
MyIntent is protected by copyright and all rights are reserved by us or our licensors.
9.2 Your Content
9.2.1 You grant us a non-exclusive, irrevocable, royalty free licence to use, act upon, store and comply with all information and instructions that you upload or otherwise provide to us in connection with your use of MyIntent, including during the Online Will Interview (Your Content) for the purposes of the Service and the other purposes described in the Privacy Policy.
9.2.2 You promise us that you have or will have:
(a) the right to provide Your Content;
(b) all necessary consents from relevant individuals to upload their personal data via MyIntent and that by doing so you do not, and will not, cause us to breach any applicable law or regulation relating to data protection.
10. Third-party websites and content
10.1 So that we can give you a wide variety of resources, MyIntent may include hyperlinks to websites operated by other parties. Although they may be of use, we have not examined or evaluated them and we are not able to confirm or check their content. We have no control over the content of external Internet sites that link to MyIntent or which are linked from it.
10.2 We do not accept liability for any content posted to MyIntent by visitors.
11. Complaints
11.1 Please contact us if you have any concerns or queries about the Service.
11.2 If there is any aspect of MyIntent with which you are unhappy, please discuss the problem with us using online chat or email us at [email protected]
11.3 If you are still dissatisfied, then email our CEO via [email protected] to discuss the problem. Your complaint will be fully investigated and dealt with properly and promptly.
12. Remedies
The rights and remedies of you and us under this Agreement and any Client Care Letter between you and us are cumulative and are not exclusive of any rights or remedies of you or us provided by law or in a Client Care Letter.
13. Waiver
Any failure or neglect by either party to enforce any of the provisions of the Agreement shall not be construed nor deemed to be a waiver of that party’s rights and does not affect the validity of the whole or part of the Agreement nor prejudice that party’s rights; any waiver by either party of its rights under the Agreement or a Client Care Letter does not operate as a waiver in respect of any subsequent right.
14. Invalidity
If any provision of the Agreement or a Client Care Letter is held to be illegal, invalid, or unenforceable in whole or part, that provision shall to that extent be deemed not to form part of the Agreement or Client Care Letter and the legality, validity, and enforceability of the remainder of the Client Care Letter shall be unaffected.
15. Governing law
The Agreement and any Client Care Letter, and any non-contractual duty in connection with either, shall be governed by and construed in accordance with English law.
16. Jurisdiction
16.1 The courts of England and Wales shall have non-exclusive jurisdiction to hear and determine any suit, action, or proceedings, and to settle any disputes, which may arise out of or in connection with this Agreement or a Client Care Letter.
16.2 A printed version of these terms will be admissible in court or other proceedings as if they were originally generated and maintained in printed form.
17. Who you are contracting with
You are contracting with Bequeathed Limited (a company registered in England and Wales with company number 10960116).
18. Glossary
18.1 In these Terms and in the Client Care Letter, unless the context otherwise requires, words and phrase in bold in this document have the meanings given to them and the following definitions apply:
Basic Will means a draft Will system-generated through MyIntent from your answers during the Online Will Interview. A Basic Will does include (1) a revocation clause to ensure any previous Wills you have made are rendered null and void (2) if you wish, a funeral wishes clause (3) an executor clause to appoint people to administer your Will after your death and to become trustees of the Will Trust of your residuary estate, plus a backup if your first choices are unable or unavailable (4) a guardian clause for children under 18, if applicable, providing that all your children under 18 have the same other parent and you are appointing the same guardian for all those children, plus a backup if your first choice is unable or unavailable (5) if you wish, clauses leaving a gift to charity, either of cash and/or a percentage of your estate (6) a Will Trust simply leaving everything you own (known as your residuary estate) to one person, or a group of people and a backup in case those primary beneficiaries die before you (7) definitions and Standard Provisions of the Society of Trust and Estate Practitioners as applicable and (8) a separate explanation which does not form a legal part of the Will of the clauses in your Basic Will. A Basic Will does not include (9) any drafting or advice that will require a Legal Advisor to spend more than 30 minutes with you in an appointment (10) a revocation clause required to ensure your foreign Will is not adversely impacted, nor any other drafting required to deal with assets or your domicile abroad (11) a guardian clause where you have children under 18 from different relationships and/or you wish to appoint different guardians for different children (12) a non-provision clause or any other steps to reduce the risk of someone you intend to leave out of your Will successfully challenging it after your death, including due to a separation or divorce where there is no Financial Consent Order (13) specific gifts of individual personal possessions, residential or commercial or foreign properties, business assets or cash to specific people (rather than those items being included in the gift of your residuary estate) (14) Trusts (other than the Will Trust of your residuary estate at 6 above, including but not limited to Life Interest Trusts (including severance of a joint tenancy), Discretionary Trusts and Disabled Persons’ Trusts, (15) the Legal Advisor’s supervision of your execution of your Will or (16) their confirmation that your Will has been validly executed and for each of those aspects from 9 to 16, additional fees will likely attract an additional cost in addition to any fee for the Basic Will charged by the Legal Advisor.
Call Recording Policy means our policy for the recording of telephone and video communications, published at http://help.myintent.life/en/articles/337186-myintent-call-recording-policy, or any replacement address, from time to time.
Charges means any fees payable by you to us for the provision of the Service as set out on or determined in accordance with the principles contained in the Website.
Client Care Letter means a letter sent by us and signed by you and a Panel Legal Firm or, where we are to advise you and prepare your Basic Will, signed by you and us; it sets out the legal advice and drafting services to be provided by the Panel Legal Firm to you and the terms of business on which those services will be supplied by the Panel Legal Firm and it will include your authorisation for us to transfer to the Panel Legal Firm and for it to receive your information.
Legal Advisor means a Panel Legal Firm with whom you have a signed Client Care Letter.
Online Will Interview means the questions and the answers you provide to us as part of the Service with a view to us guiding you on issues to consider and system-generating a Basic Will in respect of your wishes and associated guidance for onward transmission under the Client Care Letter to your Legal Advisor.
MyIntent means all or any of the Website, the features supporting the Online Will Interview, and all information, guidance and documents published and other services provided by means of that website, in each case in such form and manner as the Supplier releases from time to time.
Panel Legal Firm means a business providing legal advice or will writing services that is
(a) a law firm regulated by a regulator approved by the Legal Services Board (https://www.legalservicesboard.org.uk/about-us/approved-regulators) or The Law Society of Scotland or the Law Society of Northern Ireland, to whom we introduce a consumer user of MyIntent with a view to the consumer receiving legal advice and a Will (as appropriate) under an Engagement Letter, or
(b) Us, where our legal team (known as the Bequeathed Legal Team which is led by a regulated Solicitor but is not itself a regulated law firm and therefore does not offer the same recourse for a client to a regulator as a regulated law firm).
Privacy Policy means our privacy policy published at http://help.myintent.life/en/articles/337169-myintent-privacy-policy, or any replacement address, from time to time.
Product means any advice, guidance, document, or other works and materials we prepare for your benefit as part of the Service but not the draft Will or Letter of Advice generated from your information for your Legal Advisor to use to advise you and prepare your Will.
18.2 References to:
18.2.1 a statutory provision includes a reference to any modification, consolidation or re-enactment of the provision from time to time in force and all subordinate instruments or regulations made under it except that, as between the parties, no modification, consolidation or re-enactment shall apply for the purposes of the Agreement and any Client Care Letter between us to the extent that it would impose any new or extended obligation, liability or restriction on, or otherwise adversely affect the rights of, either party;
18.2.2 either party includes, where appropriate, persons deriving title under it;
18.2.3 includes or including shall be construed without limitation to the generality of the preceding words;
18.2.4 any document (including the Agreement and any Client Care Letter between us) or a provision of it shall be construed as a reference to that document or provision as amended from time to time by agreement between the parties in accordance with the Agreement or Client Care Letter;
18.2.5 writing includes any method of reproducing words in a legible and non-transitory form, excluding e-mail; and
18.2.6 the singular includes the plural and vice versa.
18.3 The headings are for convenience only and shall not affect the interpretation of the Agreement or any Client Care Letter.