Terms & Conditions
Your Statutory Rights
These terms and conditions do not affect your statutory rights in any way
Use of DivorceTrak Services and Delivery
After completing the purchase of our DivorceTrak service, you will be taken to a page on the site where you can download the software package. This package has been security coded with a unique ID generated during the purchase.
This package should be saved to your hard drive. Once you have completed answering the questions in the software package, you must click on the 'Send details to Divorce-Online' button.
If you order over the telephone we will send you a word document to complete and return. We will then input your data on your behalf into the DivorceTrak software to create your documents.
We will generate your documents within 7 working days and e-mail them to you unless you have opted for the posted version.
If we have raised any questions with you, then this delivery timescale will be extended at our discretion It is vital that you fill out the DivorceTrak questionnaire or word fact finder document carefully, also giving us your exact email and postal address, otherwise we may be unable to provide your documents in a timely manner.
If for any technical reason beyond our control, your documents are not delivered then we cannot be held responsible for the delay.
This may include problems with e-mail blacklisting by your host, problems with our mail servers or other technical problems related to the control and function of the internet .
POSTAL SERVICES
Please note that when you order the posted version of the service only the legal documents are posted to you.
The initial questionnaires are sent by e-mail and all communication is by e-mail unless you specifically request us to post any correspondence to you.
When returning documents to us we recommend that you use a registered, signed for delivery service such as UPS or DHL to ensure their arrival.
7 Day Refund Policy
Any customer who purchases our packages online will not be eligible to cancel their order as transactions where the computer software is unsealed by the computer immediately on purchase are exempt under the Consumer Protection (Distance Selling) Regulations 2000.
However we will voluntarily provide a refund to you within 7 days of purchase as long as the documents have not been processed by our server or we have received a fact finding questionnaire from you.
If you provide us with an unusable or incorrect e-mail address or the e-mail is not delivered or the post office fails to deliver, then we shall not be liable in that event.
If we have processed your documents and have requested further information in order to complete the documents, you will not be eligible for a refund.
Paralegal Managed Services
You are paying for the divorce DivorceTrak software service, paralegal services and or for our qualified Solicitors to draft your consent order documentation on an uncontested basis.
Should your case become contested we reserve the right to withdraw from your case at our discretion and retain our fee and you will have to instruct an alternative such as a solicitor to deal with it for you.
Examples of what contested means are as follows ( but are not limited to)
- Your spouse refuses to sign papers sent to them by the court
- Your spouse fails to file an acknowledgment to the proceedings
- Your spouse files a notice of intention to defend
- Your spouse files a notice of application for ancillary relief
- Your spouse requests that the petition be amended or changed in any way once it has been issued
Where for whatever reason you request that amendments be made to the petition before or after it has been issued, save where it is an error of Divorce-Online, we reserve the right to charge you an additional £68.00 per petition amended. This is because we have to access the DivorceTrak system to create a new set of papers for you.
Where a fixed fee service has been purchased that fee is charged for the package as a whole and no refund will be payable if you decide not to proceed with all or part of the service, or it becomes uncontested once we have commenced any work for you.
The timescale of 16-20 weeks given to our clients for the divorce procedure on the website, verbally or by e-mail is an average time guideline to process a divorce and starts from the date the petition is filed at court and we cannot be held responsible for any variation of this guideline as we will are of course subject to any delays at court that may happen from time to time due to sickness, staff shortages, industrial action etc and of course any delays in returning documents by either the petitioner or respondent.
This timescale is for a divorce only and does not include any consent order applications ( see below)
Please note that due to the volume of cases we handle, you are responsible for maintaining communication with us as your case proceeds. If you have not heard from us about a particular aspect of your case we suggest you contact us at regular intervals.
You will remain a litigant in person throughout the proceedings and we do not act for you or go on the court record. We act as your address for service and do not conduct litigation on your behalf.
Solicitor Managed Service
The Solicitor Managed Service is provided by The Law Practice Limited of The Law Practice 15 John Stree Llanelli Carmarthenshire SA15 1UH. Online Legal Services Limited are marketing agents for The Law Practice Limited and operate in accordance with Rule 9 of the Solicitors Code of Conduct. Online legal Services will be paid a referral fee of £150.00 including vat for each case referred to The Law Practice Limited.
Consent Orders and other agreements
Any documents drafted for you in relation to a consent order are done so by a qualified Solicitor However the disclaimer applies to these documents in that we do not provide legal advice under any circumstances and we have no liability in respect of the contents of the documents and have not advised you as to the contents of the documents save for procedural matters.
Once your details have been submitted to us and the documents drafted, any amendments or revisions required which are not due to drafting errors may incur an amendment charge of £68.00. So please do not submit the details to us until you have reached a final agreement.
Our staff are not authorised o give legal advice. We recommend that a proper qualified person is separately
employed by you to carry out this service if you require legal advice on the terms of your order.
You will be supplied with a legal advice statement indicating whether you have or have not taken legal advice with your package.
Consent order documents will normally be delivered to you by e-mail within 28 days of you returning your fact finder to us.
Where the consent order service is part of the managed service the court can set a hearing to approve a consent order and we have no control over this process as it is an administrative function of the court.
We make no warranties that any order will be accepted by the court.
You and your spouse may be requested by the court to attend a hearing to approve the order before a District Judge. This is a short 15 minute hearing.
On occasions, the court, where we file your case may transfer the case to another court nearer to one or other of the parties. For an approval hearing to take place.
Time Validity for using DivorceTrak Services (not applicable to Solicitors Managed Divorce)
Our Legal Pac services are valid for a period of 6 months only. After this period, the DivorceTrak service will expire and your details will be deleted from our database and you will have to purchase a new product at the price specified on the website at the date of the new purchase.
We remove the details of all DivorceTrak purchases made that have not been processed after the 6 month expiry period to comply with our data protection policy and to ensure that the forms and documents produced by the software remain valid, taking into account any changes in the law and documents required by the court. It is your duty to process the DivorceTrak before the 6 months expires.
The documents produced by the DivorceTrack service are not time barred so please process your legal Pac in plenty of time even if you do not intend to use them straight away,
if you believe that you will not use our service within 6 months please contact us so we can extend this timescale for you.
DIY Packages and amendments to documents
once you have received your Divorce Trak produced documents, any substantial amendments to the documents that we have already produced will require you to pay an amendment fee of £68.00.
Shipping
We charge £5.00 if you require a posted version of the documents generated by our DivorceTrak software to cover administration charges and postage. There is an option for this on each order page.
Handling Complaints
We pride ourselves on our customer service. Any issues raised with our support staff will be acknowledged and replied to by the next working day. If you still feel your problems are not being dealt with correctly, you may contact our Managing Director Mark Keenan
Commercial Use Limitation
The use of the Web site and the documents when downloaded by you are for your personal use only and will clearly on the face of them is shown to be licensed to you. You may not use the Web site or the documents for any other purpose except for your own personal use. You may however use the documents as many times as you wish. You may not remove the license or use the documents for any commercial purpose whatsoever and the copyright in them belongs to Online Legal Services Limited "OLS". You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from this Web site.
Limitation of Liability in respect of the Documents
We have included within this agreement a disclaimer in respect of our liability in respect of the documents. Please read it carefully as the following are the terms upon which we will provide the document to you.
DISCLAIMER RELATING TO THE DOCUMENTS
PLEASE READ THIS IMPORTANT NOTICE WHICH AFFECTS YOUR RIGHTS
Legal Document Service
If you use any document in the Divorce Online service, it will be on the terms which are stated on this page.
What you are purchasing from us is a software / web services product which has been prepared by experienced Family Lawyers in conjunction with Information Technology Specialists.
The software creates document templates for you based on the data you have personally entered into the fields of the DivorceTrak software.
Whilst we and our experts who have drafted the template documents have taken every care to ensure the accuracy of the contents of the documents, due to the continuing changing nature of the legal system the information contained in the documents will during the passage of time need to be updated. Therefore you must process your documents within 6 months of purchase.
We will do our best to ensure that the template documents are updated regularly to maintain their accuracy. We believe that the documents contain sufficient information to provide you with a starting point in the process of assembling a standard legal document. The documents are not suitable to provide legal advice or where any particular transaction will require the documents to be amended or altered save for spelling and grammatical errors.
The documents available on the Absolute Divorce service have been prepared by the DivorceTrak software which you have completed yourself. What you are paying for is the use of our software and telephone support throughout the procedure.
What we are charging you for is the single use of our document creation software (DivorceTrak) in order for you to prepare your documents for your personal use. We do not give legal advice under any circumstances and do not represent you in any court. At all times you are a litigant in person and our role is as an address for service only.
If we write to Solicitors on your behalf, we do so as your litigation friend not as representatives.
Our staff are not authorized or qualified to give legal advice . We recommend that a proper qualified person is separately
employed by you to carry out these services.
Therefore the basis on which you purchase our software or make use of any template document is that the document is suitable to be used by you in conjunction with proper advice as to its application and adaptation for your particular requirements. The documents are not made available to you on any other basis. Please note also that the documents are prepared in compliance with the law of England and Wales. They will not be suitable in other parts of the UK or abroad. You should not use them if any person who is to sign the document or the property which the document deals with is outside England and Wales. We cannot be responsible if you do.
We will not have any liability to you at all if you use any document without obtaining appropriate legal advice as to its suitability for your particular requirements. Whatever advice you receive is the responsibility a solicitor or other authorized person advising you and we cannot in any way be responsible for it.
Nor will we have any responsibility at all for the alterations that may be made to the document after you have downloaded it or received it in any other way. Please note also that any responsibility that we may have to you will not extend to any of the following: First, loss or damage which we cannot reasonably foresee may happen. Secondly, loss or damage which consists of or includes any wasted expenditure, loss of profits or anticipated profits or gains of any description or loss of business.
If a court or any other body having the power to rule on disputes decides that any part of this Disclaimer is not reasonable or cannot be enforced for any reason, this will not affect the validity of the other parts of this Disclaimer which will continue to be in full force and effect.
A special note relating to the United States of America (USA) or Canada - because of the particular circumstances and nature of the legal systems of the USA and Canada, no document in the Divorce Trak service can be used in those countries or in connection with people or property in those Jurisdictions.
Professional Indemnity Insurance
Online Legal Services Limited holds professional indemnity insurance with Freelance Insure.
Terms valid as at 29/06/2009