Terms of Engagement

Phoenix Wills & Probate is a trading style of Magenta Phoenix Ltd (hereinafter referred to as “the Company”) and are members of the Institute of Professional Willwriters (hereinafter referred to as “IPW”). It is mandatory that it operates in accordance with the IPW Code of Practice, copies of which are available (in written or audio format) free of charge either from the Company or from the IPW. Any instances of non compliance with the IPW Code of Practice should be addressed to the IPW. The purpose of these Terms of Engagement is to explain to you what your rights and obligations are and what rights and obligations the Company have. The terms of this agreement are governed by English laws and any dispute shall be resolved within the jurisdiction of the courts of England and Wales.
Both the Company and the IPW are keen to ensure that the Company provides its services to the highest standards within the profession and in compliance with the Code of Practice.

Fees
The Company’s fees for writing Wills and for any additional products or services are provided ahead of any agreement to undertake work, so you can be assured of what fees you will pay in advance.

Our obligations

• Generally, we’ll have two appointments with you. The first is to discuss your situation & your requirements & to obtain as much information as possible to enable us to draft your documents.
• A second appointment will be arranged to return your documents, to explain them to you so that you can be sure that they meet your requirements & to supervise the signing of them. Where documents are being drafted as updates to documents already drafted by us, you can elect not to have a second visit and you will receive a discount as described in the enclosed fee sheet.
• The Company is obliged to give you best advice. In some cases this may require additional products or services, provided at extra cost either by the Company or another company recommended by us. You’re under no obligation to take up any product or service, but the Company may occasionally require you to sign a disclaimer if you choose not to follow our advice which may be detrimental to your interests.
• The Company may require you to sign a disclaimer if you instruct us to draft any product or service in a way that is contrary to our advice.
• Any advice that is given by the Company is based on its understanding of law, practices and procedures at the date of this agreement. The Company is not responsible for any consequences arising from any future changes in law, practices or procedures.
• The Company has Professional Indemnity Insurance of £2million to cover claims and losses worldwide (except in the United States and Canada) arising as a result of any negligent act by it. Should you have any queries regarding the insurance, please contact BEAM at Barberry House, Ground Floor, No 4 Harbour Buildings, Dudley Road, Brierley Hill, DY5 1LN.
• The Company has Public Liability Insurance of £5million to cover claims and losses or damages worldwide (except in the United States and Canada) arising from action by it. Should you have any queries regarding the insurance, please contact AXA at https://www.axa.co.uk/contact-us/business-insurance/ or on 0330 159 1508.
• The Company reserves the right to withdraw from any transaction if it is unable to complete any transaction in whole or in part but if it does so, it will write to you immediately and you will not be liable to pay any fees.
• The costs of correcting any error or omission on the part of the Company shall be borne entirely by the Company.
• The Company will provide advice free of charge in matters relating to this transaction for its lifetime.

Your obligations

• The validity, accuracy and suitability of any documents that we provide will partly depend upon the honesty, completeness and accuracy of your answers to our questions. The Company therefore requires you to be open and honest with the information that you provide to us. The Company is not responsible for any consequences arising from inaccurate or incomplete information provided by you.
• To provide sufficient evidence of your identity to enable the Company to confirm your identity and/or comply with Money Laundering Regulations.

Timescales

• Your completed documents will be available for signing 14 days from the date on which the Company has all the information that it requires to complete your documents.
• In the event that the Company is unable to meet the above timescale then you will be able to renegotiate this agreement or you can cancel it without any obligation to pay any fees.
• If you are unable to provide all of the information that the Company requires to draft your documents within 28 days of this agreement then you will be liable to pay half of the total fees on the 28th day after this agreement. Any fees paid at this time will be deducted from your final invoice.

Payment

• A payment of 50% of the full fee will be required on completion of the instruction appointment. This meeting is to enable us to take a complete set of instructions and provide appropriate advice in relation to your circumstances.
• Should you require us to go on to complete your legal documents the balance of payment will be taken on completion to your satisfaction.

Complaints

• If you are not happy with any aspect of service provided by the Company, you should first of all contact Paul Tansley whose telephone number is 01623 325035.
• If you wish to make a complaint about any aspect of service provided by the Company, you must, in the first instance write to Paul Tansley, the owner, at the address below. He will acknowledge your letter within 5 days of receipt and then investigate the circumstances of your complaint and write to you with the results of his investigation within 56 days of receipt of the complaint. If we do not find in your favour we will provide you with information about the IPWADR service – see next item.
• If you are not happy with the results of the investigation by the Company, you can contact the Institute of Professional Willwriters who operate an Alternative Dispute Resolution process called IPWADR that will consider your complaint. Please note that you MUST raise your complaint with the Company before you can access the IPWADR. The contact details for IPWADR are
• IPWADR, Trinity Point, New Road, Halesowen, B63 3HY - www.ipw.org.uk/professional/making-a-complaint
• These complaints procedures do not prevent you from seeking other means of redress.

Use of personal information

The legal basis on which any personal information that the Company collects from you, or that you provide to it, will be processed is as follows. This information may be collected during meetings, in correspondence or in telephone conversations.

1. Personal information may be processed by the Company for a number of legitimate purposes, including:
2. To carry out its obligations under this agreement.
3. To provide you with information, products and/or services which the Company believes may be of interest to you, provided that you have given your consent.
4. For accounting purposes and statistical analysis.

• The Company will maintain client files for a period of 6 years after your death, or for a period of 6 years after you have notified us in writing that your document(s) have been revoked, whichever event occurs first.
• The Company may disclose your personal information to its partner firms and/or sub-contractors who it relies on to be able to provide its services to you, but in doing so it will ensure that they apply the same or greater controls in terms of data protection as the Company does.
• The Company may also disclose your personal information in the following circumstances:
• If the Company or substantially all of its assets are acquired by a third party, in which case personal information held by us about our customers will be one of the transferred assets..
• To prevent fraud or if required to do so by law.
• Other than as provided in the sections above, the Company will not disclose any personal information to anyone outside of the Company without your specific permission.
• Whenever the Company processes personal information as described in the sections above it will ensure that it always keeps the Personal Data rights of you and anyone whose personal information that you provide in high regard and will take account of these rights. You have the right to object to this processing and if you wish to do so, please contact the Company at the address below. Please bear in mind that if you object, it may affect the ability of the Company to carry out its obligations under this agreement and/or to provide products or services to you.
• All personal information will be held by the Company under appropriate security and within the European Union.
• You have a right to request a copy of the personal information provided by you that the Company processes. If you would like a copy of some or all of this personal information, please contact the Company at the address below.
• The Company wants to make sure that personal information that it processes is accurate and up to date and you may ask it to correct or remove information that you think is inaccurate.

If you wish to raise a complaint on how your personal information has been handled, please contact us and we will investigate further. If you are not satisfied with our response or believe we are not processing your personal information in accordance with the law, you can complain to the Information Commissioner’s Office (ICO).

Notice of the right to cancel

a) You have a right to cancel this agreement with the Company within 14 days of the date of this agreement by writing to the Company at the postal address or the email address below and you will not be required to make any payment.
b) You can cancel this agreement with the Company later than 14 days after the date of this agreement by writing to the Company at the postal address or the email address below. Unless the cancellation is due to a delay on the part of the Company that is beyond the timescale referred to in the timescales section above, you will be liable to pay half of the full fee.
c) You can use the cancellation information below but you do not have to. Where notice of cancellation is posted, it is recommended that it is sent by Recorded Delivery, however cancellation will be deemed to be served as soon as it is posted or sent to the Company.
d) The Company will acknowledge receipt of notice of cancellation in writing within 14 days.
e) You can request in writing that the Company can start work on your documentation on a date before the expiry of 14 days of the date that you first give us information to enable us to complete work for you. Should you subsequently cancel the contract within 14 days of the date that you first give us information to enable us to complete work for you, you may have to pay for any work that was carried out on your behalf before you cancelled in accordance with the reasonable requirements of this agreement.

If you wish to cancel this contract, you can click on this link.

Alternatively you can write to us. YOU MUST DO SO IN WRITING and send it (which may be by electronic mail) to the Company named below. You may use this form if you want to, but you do not have to.