Pannone Online Terms of Use

General

The Pannone Online website ("the Website”) is provided by Pannone LLP of 123 Deansgate, Manchester M3 2BU, number OC317202 whose registered office is at 123 Deansgate, Manchester M3 2BU.

Set out here are the terms and conditions (“the Conditions”) that govern your use of the Website, and the services provided or offered to users of the Website ("User Services"). Our policy relating to the capture and use of personal data (“the Privacy Policy”) as detailed on the Website forms a part of these Conditions. It is important that you read and understand these Conditions before you start to use the Website. You can print and keep a copy for your reference.

Reference to "our", “us” and "we" on the Website is a reference to Pannone LLP.

Reference to “Limited Engagement” means the provision of legal advice and drafting services provided by Pannone LLP to you under the terms of our engagement letter in relation to the Document Preparation Service.

These Conditions (and all communications) are in English and governed by, and will be construed in accordance with, English Law and the English courts shall have jurisdiction in any legal proceedings.

Using the Website

The Website is for use only in relation to legal issues in the jurisdiction of England & Wales.

The content of the Website is provided for information only and does not constitute advice nor a recommendation to you that the products and services advertised on the Website are suitable for you in your personal circumstances.

Reasonable efforts will be made to keep the Website available for use; however access is not guaranteed to be available all the time. We will not be liable for any periodic unavailability 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. 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.

If there are links from the Website to other websites operated by third parties, we do not guarantee you will be able to access the other website via any link on the Website. We do not guarantee the content or accuracy of any third party's website, nor do we accept any responsibility for your use of that website.

The Law Guide

The information contained in the Law Guide is for guidance and information only and is not to be construed as advice.

Although every effort is made to ensure that the Law Guide is accurate and reflects the law at the time of use, it may or may not reflect current events or changes in the law. Before you act or rely on the Law Guide, you should take advice from us. We disclaim all liability for actions taken or not taken based on the Law Guide.

Document Preparation Service
The document preparation service (“the Document Preparation Service”) does not provide legal advice nor represent a legal service. It is designed to collect relevant information and data to assist in the preparation of a legal document (“the Document”) on your behalf to enable us to provide the Limited Engagement.

The Document Preparation Service uses a document assembly and drafting system ("the System"). When using the Document Preparation Service you will be asked a series of questions; the answers you give will dictate the content of the Document produced by the System. You alone are responsible for ensuring the answers, or any information that you give, is correct (this includes information in relation to the identity of any parties or signatories, their age or capacity). We rely on you providing the correct information.

You must carefully check that the Document produced fully reflects your wishes. If it does not, you should not execute it. It is your responsibility to ensure that any Document is properly executed in accordance with the instructions that are provided to you.

Documents are prepared in accordance with the law of England & Wales. You should not use them in any other jurisdiction, or if any person or entity who is to sign it or the property the Document deals with, is outside the jurisdiction of England & Wales.

Before you act or rely on any Documents, you must take advice from us. We disclaim all liability for actions taken or not taken based on the Documents unless the Documents are approved by us as part of the provision of the Limited Engagement.

Documents completed online will be stored for a maximum period of 6 years in respect of individual services, and 12 months after the cessation of any subscription service. After this period you may not be able to obtain access to your Documents, and they may be deleted. We reserve the right to levy a reasonable recovery charge in respect of any documents that are able to be recovered. If you have not logged in to the Website for a period of 12 months or more, then we reserve the right to store your documents offline and levy a reasonable recovery charge for you to access them again.

We will not have any responsibility or liability for:

• Verifying your answers or any information given by you when using the Document Preparation Service;
• Proof reading all data you have input for typographical errors;
• Any alterations made by you or on your behalf to a document once it has been returned to you by us unless such alteration has been approved by us;
• Supervising or checking the due and proper execution of any Document;
• Any use of a Document or execution of a Document by a person or entity outside of the jurisdiction of England & Wales;
• Any adverse consequences if you use any Document without taking appropriate legal advice as to its suitability for your particular circumstances from us;
• Undertaking any future review of any Document or to provide any advice, legal or otherwise, as to the continuing effectiveness for legal, taxation or any other purpose of any Document.

Instalment Payments

As part of the Limited Engagement you may be asked to make payment of our fees by instalments. These payments will be set out on the Website in relation to the service you have purchased. If you fail to complete the Limited Engagement (other than as a result of our failure) any instalments or fees paid will not be refundable.

Subscribing for Membership

Access to the Website and Document Preparation Service may be offered as an annual subscription-based membership.

Where applicable, the subscription fee (“Fee”) is payable annually or in monthly instalments. If you select the monthly payment option when you subscribe, it will amount to a 12 month obligation to make such monthly payments. The current Fee is detailed on the Website. In subscribing to the service, you agree to pay the Fee at the rate applicable from time to time.

The Fee may be paid by credit card, debit card or Direct Debit. In providing us with card details you warrant to us that you are an authorised user of the relevant card. By submitting bank account details, you warrant to us that you are an authorised signatory of that account.

Only when you have paid the Fee will you become a "Member" of the service and receive a username and password to access the Member Services, including the Member's section of the Website ("Member's Area").

Once you are a Member, you will be entitled to access the Member's Area of the Website, and be able to use the Member Services for your use only. You shall not sell, license or otherwise commercially exploit any of the Member Services. You shall not permit any other party to have access to the Member's Area or to use the Member Services. You shall not sell, license or otherwise commercially exploit any of the Member Services. If you breach this term, we can without notice revoke your username or password and refuse access to all or any part of the Website.

The current Fee for renewals will be advised to you by email at least two weeks before your renewal date. If you do not cancel your membership within four weeks of us sending you a renewal notice, and/or you use the Member Services after your renewal date, your subscription will automatically be renewed for a further 12 months upon the terms and conditions (as amended) that apply at the date of renewal, and you will be deemed to have accepted the obligation to pay the relevant renewal Fee for a further year of membership.

If you do not pay the Fee for whatever reason then we will end your membership of the service unless such reason is outside your reasonable control.

We reserve the right not to accept an application for membership of the service for any reason and without giving any explanation.

You have 14 days from the date you subscribe to cancel your membership and any Fee already paid will be refunded. Please note if you start to use any Member Service during the cancellation period you will no longer have the right to cancel your membership.

To cancel you can give us notice:

by telephone: 0844 875 0175 or
by email: pannoneonline@pannone.co.uk or
by post to: Pannone LLP, 123 Deansgate, Manchester M3 2BU

Legal Expenses Insurance

If Legal Expenses Insurance is provided as part of your subscription, details of the cover, terms and conditions and how to claim are detailed in the policy terms sent to you when you subscribed.

Document Packs

A document pack consists of access to a range of Documents that may be created using the Document Preparation Service and may also include Legal Document Review. The details of what is included in the pack will be detailed on the Website.

Helplines

The telephone helpline for legal advice (if provided as part of a subscription) and for technical support will be available in accordance with the times advertised on the Website. You may contact the helpline on the number provided from time to time. Call charges will be as advertised on the Website. Calls may be recorded.

Telephone legal advice will be limited to Private Client, Matrimonial and Employment, which is suitable to be given by phone. Correspondence with Members will not be entered into, nor will formal representation of Members in any legal proceedings, drafting documents outside of the scope of the Document Preparation Service, reviewing documents or correspondence (other than those created by Members using the Member Services), or providing any regulated advice under FSA rules.

Registering for User Services

In order to have access to the User Services you must register with us.

If you are an individual you must be aged 18 years or over to use the User Services.

Only when you have purchased a Website service will your username and password give you full access to access the client area (“the Client Area”) of the Website and be able to use all of the User Services.

The use of the User Services from the Client Area is for your personal use only (except in the case of individuals on behalf of a partner, spouse or civil partner in respect of the Wills service, and in the case of any business services, any authorised person on behalf of the business). You shall not permit any other party to have access to the User Services or Client Area or to use the User Services. If you breach this term we can, without notice, revoke your username and password and refuse access to the Client Area of the Website.

User Services

Legal Document Review

The Legal Document Review Service is provided as part of the Limited Engagement by us. Once a Document has been drafted using the Document Preparation Service, you must send it electronically using the Website for review by us as directed on the Website. We may contact you by telephone or email to clarify your requirements.

When we advise you on the preparation of any Document we will exercise reasonable skill and care in the provision of this service to you in accordance with our engagement letter. We will perform our work as quickly as is reasonably possible, but shall not be liable in respect of any failure to meet any specified deadline or completion date.

Our work will cover:

• Review of the answers you gave the System;
• Review of the draft Document that has been produced by the System following your session on the Website;
• Communications with you electronically via email; where required, an interview to be conducted either over the telephone and/or in person subject to the service levels set out on the Website relating to the service you have purchased; confirmation to you based on such communications and/or interview that we are satisfied that the draft Document meets your requirements; answering any questions you may have raised when sending the Document to us for review;
• Any amendments that are required to the draft Document to ensure its suitability for your particular circumstances.

We will limit the time spent in carrying out our work to the amount of time set out on the Website relating to the service you have purchased (“the Limited Engagement”). The full terms upon which we will provide this service to you is set out in our engagement letter.

Solicitor/Client Relationship

No solicitor-client relationship is established by use of the Website. Sending or receiving information through this website does not establish a solicitor-client relationship. We will establish a solicitor-client relationship with you only by your acceptance of our engagement letter and subsequent confirmation of our agreement to act for you after conflict checking has been completed.

Limitation of Liability

1. We believe that the limitations on our liability as set out in this agreement are reasonable having regard to the availability and cost of professional indemnity insurance and possible changes in its availability and costs.  We are, however, happy to discuss this limit with you if you consider it insufficient for your purposes and will investigate options for providing further cover which may be at extra cost.
2. We will perform our obligations to you with reasonable skill and care.
3. We accept liability without limit for the consequences of fraud by Pannone LLP or any of its partners or employees within the course of practice and for any other liability which we are not permitted by law or rules of professional conduct to limit or exclude.  If any part of this agreement (including provisions as to amount or time limits) which seeks to exclude, limit or restrict liability is found by a court to be void or ineffective on the grounds that it is unreasonable or does not accord with any professional obligation, the remaining provisions shall continue to be effective.  We do not seek to reduce our liability below the minimum prescribed by the Solicitors Regulation Authority, which is £3 million for an incorporated practice.
4. We will not be liable to the extent caused by the provision of false, misleading or incomplete information or documentation or due to the acts or omissions of any person other than us, except where, on the basis of the enquiries normally undertaken by solicitors within the scope of this agreement, it would have been reasonable for the solicitor to discover such defects.
5. Subject to 1.3 above, the total aggregate liability of Pannone LLP, its partners and employees to you (and where we are instructed jointly by more than one party, all of you collectively and in total and also including anyone claiming through you) arising from or in connection with this agreement (including any addition or variation to the same) shall not exceed £5 million.
6. You agree that you will not bring any claims or proceedings against our individual partners or employees.  This clause shall not operate so as to exclude any liability which a partner, or employee is not permitted by law or rules of professional conduct to limit or exclude.  This clause is intended to benefit such partners and employees who may enforce this clause pursuant to the Contracts (Rights of Third Parties) Act 1999 ("the Act").  Notwithstanding any benefits or rights conferred by this agreement on any third party by virtue of the Act, the parties to this agreement may agree to vary or rescind this agreement without any third party’s consent.  Other than as expressly provided in this agreement, the provisions of the Act are excluded.
7. Proceedings in respect of any claims against us must be commenced within 3 years after you first had (or ought reasonably to have had) both the knowledge for bringing an action for damages and the knowledge that you had a right to bring such an action and in any event no later than 6 years after any alleged breach of contract, negligence or other cause of action.  This provision expressly overrides any statutory provision which would otherwise apply; it will not increase the time within which proceedings may be commenced and may reduce it.
8. If we are liable to you either jointly or jointly and severally with any other party:
   1. we shall only be liable to pay you the portion which, due to our fault, is found to be fair and reasonable.  We shall not be liable to pay you the portion which is due to the fault of another party (irrespective of any limitation provision which may apply to the liability of such other party); and
   2. any sum due from us to you shall be reduced by the proportion for which another party would have been found liable if either:
      1. you had also brought proceedings or made a claim against them; or
      2. we had brought proceedings or made a claim against them under the Civil Liability (Contribution) Act 1978 or any similar enactment under any other relevant jurisdiction.
9. We shall not be liable for any loss arising from or connected with our compliance with any statutory obligation which we may have, or reasonably believe we may have, to report matters to the relevant authorities under the provisions of any anti-money laundering or other legislation which may apply from time to time.

Fair Collection Notice for Client Data

1. All information that we hold concerning you as an individual will be held and processed by the firm strictly in accordance with the provisions of the Data Protection Act 1998.  Such data will be used by the firm to provide you with legal services and for related purposes, such as to inform you about the firm’s services and events.  We will not, without your consent, supply your name and addresses to any third party except where: (1) such transfer is a necessary part of the legal services that we undertake; or (2) we are required to do so by operation of law.
2. As an individual, you have a right under the Data Protection Act 1998 to obtain information from us, including a description of the data that we hold on you.  Should you have any queries concerning this right, please contact our Data Protection Compliance Officer, Andrea Cohen. 

Limitations

You acknowledge that the exclusions and/or limitations in these Conditions are reasonable having regard to the fact that the Website, Law Guide and Document Preparation Service are freely accessible and available at no cost.

Intellectual Property

Use of the Website and the User Services is subject to the notices of ownership of intellectual property rights detailed from time to time on the Website.

All rights in the design, text, graphics and other materials on the Website are the copyright of either Epoq Group Ltd (“EGL”) (4265146) registered office Grosvenor House, 1 High Street, Edgware, Middlesex HA8 7TA or Pannone LLP

"RAPIDOCS", “MYLAWYER” and their respective logos are either UK registered trademarks or other trademarks of EGL”).

Rapidocs software featured on the Website is copyright of EGL 2008. Reproduction of part or all of the content of the Website in any form is prohibited. Other software reproduced in and on the Website is copyright EGL 2008. You may not use (other than as is expressly or impliedly licensed) resell, reverse engineer, decompile or otherwise modify such software.

Copyright in the content of the Law Guide and the Documents belong to EGL.

Other Conditions

We shall not be liable for any failure to provide or delay in providing any service resulting from circumstances or events outside of our control, for example due to strikes and other industrial disputes, breakdown of systems or network access, fire, explosions, or power failure.

If any part of these Conditions (and/or notices on the Website) are found to be invalid or unenforceable, then such part will be deemed replaced by a valid and enforceable provision that most closely matches the intent or the original part, and the remainder of the provision shall continue in full force and effect.

If you do not use the Legal Document Review Service within 12 months of purchase you will not be able to obtain access to it thereafter. In such circumstances we shall not have any obligation to rebate you any part of the sum you have paid us.

We reserve the right to change the Conditions under which the Website or any User Service is offered. If you purchased a subscription, this right shall not affect the terms and conditions accepted by you when you initially subscribed, however, upon renewing your annual subscription, your membership of the service will be upon these terms and conditions as amended.

Should you have reason to complain, you may do so by telephone, or in writing by email or post. If you have a complaint, please contact us directly and your complaint will be investigated fully by our customer relations team and you will receive a prompt reply:

by telephone: 0844 875 0175
or by email: pannoneonline@pannone.co.uk or
by post to: Pannone LLP, 123 Deansgate, Manchester M3 2BU

If you are not satisfied with the way your complaint has been handled you may escalate the complaint in accordance with our complaints procedure.

No forbearance or delay by either party in enforcing the provisions of these Conditions will prejudice the rights, powers or remedies available to that party and such rights, powers or remedies will be cumulative.

You may not assign, subcontract or otherwise transfer any rights and obligations under these Conditions, whether in whole or in part, without our prior written consent. We shall be able to assign the benefit of all or part of these Conditions to any company or other entity which is from time to time part of Pannone LLP

Headings in these Conditions are for convenience only and shall not affect their interpretation.

These Conditions represent the entire agreement between the parties.

Your acceptance of these Conditions signifies your consent and agreement to them.