Lawyers Online: shall mean Lawyers Online Ltd.
Contract: shall mean the contract between Lawyers Online and the Customer adhering to the Terms and Conditions that follow.
Internet: shall mean the global interconnected networks that adhere to TCP / IP (Transmission Control Protocol / Internet Protocol).
Service: shall mean the Service provided by Lawyers Online that enables the Customer to gain access to the Internet via dial-up, leased line or ISDN connection and includes all services and facilities pertaining to the Service.
Site: shall mean the premises at which the Service is provided to the customer by Lawyers Online.
Name: shall mean the name assigned to the Customer in relation to the provision of Service including any mailbox and domain Name(s).
2.1. Lawyers Online agrees to provide the Customer with Service in accordance
with the Terms and Conditions listed as follows:
2.2. Lawyers Online cannot guarantee to provide a fault-free service due to the technically complex nature of the Service provided. Lawyers Online will however undertake to respond to all reported faults with a minimum of delay and to correct all faults as speedily as possible. All faults must be reported by the Customer by telephone, fax or electronic mail.
2.3. Lawyers Online will provide an estimate for date of installation. Although Lawyers Online will attempt as far as it is possible to meet this date it must be understood by the Customer that this date is still an estimate and may be subject to alteration.
3.1. The Service will be provided for a period of twelve calendar months
beginning from the first day on which the service is fully operational.
3.2. Lawyers Online will ask for payment on a monthly or annual basis payable in advance for the ongoing Service subscription. All connection fees must be paid in advance. All charges whether ongoing or once-only payments are as detailed in the Lawyers Online Pricing Policy (available upon request).
3.3. Should these charges or rates be amended then Lawyers Online will give the Customer not less than two weeks notice.
3.4. The Customer is responsible for all charges and rates pertaining to the Lawyers Online Pricing Policy for Service including connection costs (where applicable) subscription fees and charges for all services and facilities pertaining to the provision of the Service.
3.5. Liability for charges shall commence, unless otherwise agreed, from the first day upon which the service is fully operational.
3.6. All charges, costs, rates and fees are subject to and quoted exclusive of VAT (Value Added Tax) and any other taxation that may be applicable. Additional tax or taxes will be included on the Customer's invoice.
4.1. The Customer shall be responsible for Lawyers Online equipment for
the duration of the period that it is installed on the Customer's Site.
The Customer shall undertake not to interfere, modify or alter this equipment
in any way. The Customer shall be responsible for the loss or damage to
all Lawyers Online equipment whilst it is on the Customer Site except
where the cause of this fault is directly attributable to the negligence
or mismanagement by Lawyers Online staff.
4.2. The Customer agrees to provide all facilities, to include electricity, and assistance pertaining to the installation of the Service and all Lawyers Online and other equipment. The Customer also agrees to provide the physical space and environmental conditions needed to accommodate such equipment.
4.3. The Customer (or any third party) agrees not to use the Service;
4.3.1. to send or receive materials or data that is offensive, abusive, indecent, obscene, threatening or in breach of human or civil rights, copyright, confidence, privacy or any other legal rights.
4.3.2. in breach of all sections of this Contract.
4.3.3. other than in accordance with accepted Internet usage standards and protocols, particularly those defined by 'CIX' (Commercial Internet eXchange).
4.3.4. the Customer agrees not to use any Name, Electronic Mail Address, Domain Name, Trademark or Patented name that is in breach of statute or common law or that infringes the rights of the individual or accepted Internet parameters. The Customer accepts that Lawyers Online cannot guarantee that any Name requested by the Customer will be available for use. The customer accepts that any Name selected for use by the Customer complies with all trademarks and that the Customer is the exclusive owner of that name.
4.3.5. the Customer agrees to abide by the Lawyers Online Acceptable Use Policy available from the Lawyers Online web site.
4.4. Lawyers Online will treat any contravention, as stipulated in 4.3., whether by the Customer directly or by person(s) with or without the Customer's consent as a breach of Contract and may decide to suspend Service and can refuse to restore Service until such a time as the Customer
can give an acceptable guarantee that there will be no further contravention or breach of Contract.
4.5. Lawyers Online shall accept no liability whatsoever for the transmission or receipt of any information or data of whatever nature or format.
4.6. The Service shall be provided for use by the Customer only and it will be the responsibility of the Customer to ensure that the Service is not used by other third party or parties. Nor shall the Customer resell directly or indirectly for money, money's worth, business or any other kind of benefit, all or any part of the Service provided.
4.7. Lawyers Online is not liable in contract, tort or otherwise (to include liability for negligence) for the following;
4.7.1. direct or indirect loss of business , revenues or profits, corruption or destruction of data or for any other indirect or consequential loss whatsoever.
4.7.2. for any negligence or omissions on the part of any other providers of telecommunications services and hardware including faulty equipment.
4.8. The customer shall indemnify Lawyers Online against any third party claims or legal proceedings that are brought against Lawyers Online that arise from the Customer's use of the Service.
5.1. Lawyers Online may temporarily suspend the Service in order to upgrade,
repair or maintain the telecommunication link, hardware or software.
5.2. Lawyers Online may alter the technical specification of the Service for operational improvements or amendments.
5.3. The Customer will allow Site access to authorised Lawyers Online personnel for the purpose of providing, maintaining or improving Service.
5.4. Third party consent for the installation of Lawyers Online equipment installed under this Contract must be obtained by the Customer.
5.5. Before implementing any of the above Lawyers Online will provide as much notice as practicable via telephone / fax / electronic mail / traditional mail and will endeavor to restore the Service as speedily as possible.
5.6. In undertaking any obligation of this Contract Lawyers Online's duty is to carry out the due care and attention pertaining to a fully competent Internet access provider. Lawyers Online does not exclude or restrict liability for death or personal injury caused by its own willful neglect or negligence.
5.7. Lawyers Online is not liable for any breach of Contract that is beyond its reasonable control including;;
Acts of God , Fire, Lightening, Explosion ,War, Disorder, Acts of central or local government, Industrial disputes , Floods or other extreme weather conditions.
6.1. Lawyers Online can without prior notice fully or partially interrupt,
suspend, or terminate the Service without loss or reduction of rights
or terminate this Contract if the Customer:
6.1.1 does not pay any charge, fee, rate, or cost within 28 days of payment due date.
6.1.2. breaks any part of this contract.
6.1.3. breaks the Acceptable Use Policy.
6.1.4. becomes bankrupt or subject to insolvency proceedings whether voluntarily or compulsory or has an administrator seize all or parts of its assets. The Customer will in any eventuality remain liable for all charges, fees, rates and costs during the period of suspension, any period where the Customer does not comply fully with the Terms and Conditions of this Contract, or following termination of Contract.
6.2. Upon termination of this contract the Customer shall pay Lawyers Online all charges, fees, rates, and costs pertaining to the provision of Service up to the end of this Contract except those already paid.
6.3. In the eventuality that Lawyers Online waives a breach of contract then that waiver is limited to that breach only and any delay in responding to contravention or breach of contract is not to be regarded as in itself a waive of breach of contract.
6.4. Following the expiration of the initial twelve-month period, this Contract may be terminated by either Lawyers Online or by the Customer on giving a minimum of thirty days notice to the other.
6.5. If Lawyers Online gives notice to the Customer then the Customer is obliged to settle in full charges, fees, rates and costs up to the expiration of the notice period. Should the Customer give notice to Lawyers Online then the Customer must settle in full charges, fees, rates and costs until ninety days after Lawyers Online receives official confirmation of notice in hard copy. The Customer's notice does not preclude any other liability contained within the Terms and Conditions of this Contract. Lawyers Online will repay on a pro-rata basis any charges, fees, rates and costs paid for in advance for any period following the date upon which the Customer's liability for payment terminates.
7.1. The Intellectual Property Rights within all the software provided remain the exclusive right of Lawyers Online and / or of its software providers. The Customer agrees to comply with all obligations pertaining to these Rights.
8.1 In this clause,the "DPA" means the Data Protection Act 1998 and any replacement or supplemental legidslation: and the terms "process" (and its derivatives), "data controller" and "personal data" shall have the meanings given to them in the DPA.
8.2 In order for us (or our Subcontractors) to provide the services, you may need to supply certain information or data to us. Where such data constitutes personal data we shall only undertake processing of that personal data of which you are a data controller (referred to hereafter as the "Relevant Personal Data") for the purposes of, and to the extent reasonably required to enable us to perform our obligations under this Agreement or a Customer Application.
8.3 You acknowledge that, in respect of all End User personal data that you provide to us, you are the data controller and Lawyers Online is the data processor.
8.5 We may not transfer any Relevant Personal Data to a country or territory outside the European Economic Area which is not deemed by the applicable data protection regulator(s) to provide an adequate level of protection other than in compliance with your instructions, provided that those instructions shall be deemed to include any transfers which are necessary in connection with the provision of the Services where subject to adequate safeguards including those prescribed by clause 8.4 above.
8.6 Where you are a Partner, if the data subject of any Relevant Personal data who is an End User of yours makes a written request to Lawyers Online for access to Relevant Personal Data, Lawyers Online shall notify you and refer the data subject to you (as data controller) to respond to the request.
8.7 Where you are a Partner, we shall promptly notify you, if we become aware that any End User personal data provided to us by you has been the subject of a Data Breach and we shall consult with you (both Parties acting reasonably) regarding what measures and actions are necessary to mitigate or remedy the effects of the Data Breach.
8.8 You agree that we may collect Relevant Personal Data from you via our Web Site and that we may hold all names and other information in the Customer Application in a computerised database for the following purposes (including but not limited to):
8.8.1 submission to a credit reference agency
8.8.2 to establish and manage your account, including providing notifications to you regarding your account.
8.8.3 to provide you with information or support which you request.
8.8.4 to inform you about new services: and
8.8.5 to bill and collect for services.
8.9 The information we request may include Relevant Personal Data such as your name, billing and shipping address, telephone number, e-mail address or credit card information. It is solely your choice whether or not you provide this Relevant Personal Data. However, should you choose not to provide such information, we may be unable to process an order, fulfil a service or display certain content on our website.
8.10 It shall be your responsibility to keep any Relevant Personal Data up to date and you warrant and undertake to us that you have used reasonable endeavours to ensure that all of your personal data and contact details are accurate and complete.
8.11 We do not sell or rent Relevant Personal Data to third parties.
8.13 You acknowledge that we may, from time to time, be required under regulations and/or legislation to co-operate with and/or disclose provide Relevant Personal Data, communications content and/or traffic data to an appropriate judicial, law enforcement or government authority lawfully requesting such information.
8.14 You agree that in order to improve the service we provide you we may record and/or listen to calls received by our helpdesk. We and/or our suppliers may also record 999 and 112 calls.
9.1 Lawyersonline.co.uk is owned and operated by Lawyers Online Limited (We/Us). We are a limited company registered in England and Wales under company number 03610220. All correspondence should be sent to Hereford House, 3 Offa Street, Hereford, HR1 2LL.
9.2 Lawyers online are not a law firm. We are not regulated by the Solicitors Regulatory Authority although we voluntarily adhere to the relevant codes of conduct.
9.3 Lawyers online will recommend a law firm to you who may have signed an agreement with us and may have paid a subscription fee to be our member. We will endeavor toa assign a law firm who in our opinion is suitable for carrying out the work that you that has been asked.
9.4 Lawyers Online reserve the right not to make a recommendation for you if we consider that you have provided insufficient information.
9.5 The Law Firm that contacts you will be the one you decide to enter a contract with.
9.6 The decision to instruct the law firm that we recommend is down to you.
The material and information on this website may not be accurate and you should therefore place no reliance on the information given. Lawyers online and all Law Firms exclude all liability for any losses suffered whether directly or indirectly as a result of using this website.
11.1 We process information about you in accordance with these terms and conditions. By using this site and supplying your information to us, you consent to such processing and warrant that all data provided by you is accurate.
11.2 You acknowledge that we will pass your personal information to any law firm in our network, who may or may not have signed an agreement with us, in order for us and them to assess the nature of the work involved.
11.3 We may also disclose your personal information to any member of Lawyers online or to any member of our group, as defined by section 736 of the UK Companies Act 1985.
11.4 We may contact you from time to time with details about us and any promotions we are running.
12.1 In this Clause the "DPA" means the Data Protection Act 1998 and any replacement or supplemental legislation; and the terms "process" (and its derivatives), "data controller" and "personal data" shall have the meaning given to them in the DPA.
12.2 In order for us or our members to provide the Services you may need to supply certain information or data to us. Where such information or data constitutes personal data we shall only undertake to controlling of that personal data. Once your details are assigned to a member law firm the "data processor" they will be responsible for processing that data and where applicable raise a bill of costs.
12.4 We may not transfer any Relevant Personal Data to a country or territory outside the European Economic Area which is not deemed by the applicable data protection regulator(s) to provide an adequate level of protection other than in compliance with your instructions provided that those instructions shall be deemed to include any transfers which are necessary in connection with the provision of the Services where subject to adequate safeguards including those prescribed by clause 12.3 above.
12.5 You agree that we collect Relevant Personal Data from you via our Web Site and that we may hold all names and other information in the Customer Application in a computerised database for the following purposes (including but not limited to):
12.5.1 refer your enquiry to a member law firm who will process the enquiry.
12.5.2 to inform you about new services.
12.6 The information we may request may include Relevant Personal Data such as your name, billing and shipping address, telephone number and email address. However should you choose not to provide such information, Lawyers Online and our member law firms may be unable to process your enquiry, fulfil a service.
12.7 It shall be your responsibility to keep any Relevant Personal Data up to date and you warrant and undertake to us that you have used reasonable endeavours to ensure that all of your personal data and contact details are accurate and complete.
12.8 We do not sell or rent Relevant Personal Data to third parties.
12.10 You acknowledge that we may, from time to time, be required under regulations and/or legislation to co-operate with and/or disclose Relevant Personal Data, communications content and/or traffic data to an appropriate judicial, law enforcement or government authority lawfully requesting such information.