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Terms & Conditions
This document sets out the terms and conditions of
the agreement between us, Divorce-Online Limited
("Divorce-Online") concerning referral services,
which we provide to you (the "Firm") as a law
firm.
WHEREAS Divorce-Online operates a website providing
legal information to the users of that website
(the "Users"); the Users may wish to be referred
to a law firm suiting the needs of the relevant
User; and the Firm wishes to receive referrals
of the Users from Divorce-Online; IT IS AGREED
AS FOLLOWS:-
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In
consideration of an annual fee payable by the
Firm to Divorce-Online (the "Annual Fee") in relation to an entry in the Family Law Directory, Divorce-Online shall
make referrals to the Firm in accordance with
the terms and conditions set out
below.
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This Agreement
shall come into effect immediately upon the law
firm asking to be placed on the website's law
firm referral database and Divorce-Online
agreeing to so place them. Once the Agreement
comes into effect, Divorce-Online shall include
the Firm in its database of referral law firms
(the "Referral Database").
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When a User
wishes to request a law firm on the Referral
Database to contact them and makes such a
request using Divorce-Online request
form:
3.1.Divorce-Online shall use all
reasonable endeavours to pass this request on to
the Firm. Each such request sent to the Firm
shall contain at least the following
information: a name given by the User and one of
the following: telephone number, e-mail address
and resume of problem. As Divorce-Online is
unable to verify any of the information provided
by the User making such a request, it offers no
guarantees or warranties as to the integrity of
the information set out in such a request. The
Firm shall use all reasonable endeavours to
contact any User who requests the Firm to do so
through the Divorce-Online website and shall
deal with any such User using the reasonable
skill and care of a competent solicitor dealing
with a potential client in doing
so.
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The amount of
the Annual Fee is £150.00 + VAT but maybe subject
to annual change at the discretion of
Divorce-Online and will give at least 30 days
notice by post fax or e-mail to the Firm prior
to any such change.
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Divorce-Online
shall invoice the Firm for the Annual Fee when
the Annual Fee becomes due, which shall be on
the anniversary of the first Annual Fee being
paid. The Firm shall pay all invoices within 30
days of the date of each invoice, unless
otherwise agreed between the Firm and
Divorce-Online. If any invoices are outstanding
after such a period of 30 days (or other period
as so agreed), Divorce-Online shall be entitled
to charge interest on all outstanding amounts
for the period they are outstanding at a rate of
2% above the base rate of HSBC PLC from time to
time in force. All Divorce-Online fees are
payable in pounds sterling.
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The Firm shall
not undermine, denigrate or do anything to
damage the reputation of the Divorce-Online
website except that the firm shall not be
fettered in relation to the advice it gives to
any User who becomes a client of the Firm where
the Firm genuinely believes that the advice it
is obliged to give to its client is contrary to
information contained on the Divorce-Online
website.
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Divorce-Online
does not provide any guarantees or warranties to
the Firm that this agreement or the Firm's
inclusion in the Referrals Database will result
in any referrals from Divorce-Online to the
Firm. Divorce-Online does not guarantee that any
referral made from Divorce-Online to the Firm
will result in instructions for the Firm. While
requests by Users for estimates of fees shall be
passed to suitable law firms on the Referrals
Database and while requests by Users for a law
firm to contact them will be passed only to that
law firm, Divorce-Online reserves the right to
provide legal services itself or through an
associated company and to refer Users to any
organisation through any other referrals
mechanism it may choose to operate. While
Divorce-Online will use the reasonable skill and
care of a competent provider of services over
the Internet in the performance of its
obligations under this agreement, Divorce-Online
provides no guarantees or warranties that the
operation of the Divorce-Online website will be
error free or fault free. Divorce-Online shall
not have any liability for communications made
direct by whatever means to any User by the
Firm, which shall be the sole responsibility of
the Firm. Divorce-Online will use reasonable
endeavours to ensure that details of the Firm
held by Divorce-Online in the Referrals Database
are correct but does not guarantee that such
details will be free from errors or omissions or
will be up to date. If the Firm becomes aware of
any errors or omissions in or changes required
to the information concerning the Firm in the
Referrals Database, the Firm shall inform
Divorce-Online as soon as reasonably
practicable. The relationship between the Firm
and any User (including any obligations to the
User whether professional, statutory or
otherwise) shall be governed entirely by the
retainer between the Firm and any User.
Divorce-Online shall take no part in or have any
liability in relation to any relationship
between the Firm and any
User.
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Any and all terms, conditions
or warranties implied by statute or otherwise
are hereby excluded save for those that may not
be lawfully excluded. Divorce-Online shall not
be liable to the Firm, either in contract, tort
(including negligence) or otherwise for direct
or indirect loss of profits, business or
anticipated savings or for any indirect or
consequential loss or damage or for any
destruction of data, however such loss may be
suffered.
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Divorce-Online's liability to the Firm in
contract, tort (including negligence) or
otherwise in relation to or arising out of this
Agreement is limited to £1,000 for any one
instance or series of related incidents.
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Nothing in this Agreement shall operate to exclude or limit
Divorce-Online's liability for death or personal
injury caused by Divorce-Online's negligence or
any other liability which it is unlawful to
exclude or limit.
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If Divorce-Online is unable to perform any
obligation under this Agreement because of a
matter beyond its reasonable control such as
lightning, flood, exceptionally severe weather,
fire, explosion, war, civil disorder, industrial
disputes (whether or not involving its
employees) or acts of local or central
government or other competent authorities, or
other events beyond the reasonable control of
its suppliers, it will have no liability for
that failure to perform.
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Each provision
of this Agreement excluding or limiting
liability operates separately. If any provision
or part of a provision is held by a Court to be
unreasonable or inapplicable, the other
provisions or parts thereof shall continue to
apply.
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This Agreement
will continue in force until terminated by
either party in accordance with the provisions
of this clause. The Firm will become liable for
the Annual Fee automatically on each anniversary
of the first Annual Fee being paid unless the
Firm gives Divorce-Online at least 30 days
notice prior to the date of any Annual Fee
becoming due of its intention to terminate this
Agreement, in accordance with the terms of this
clause. This Agreement may be terminated by
either party on the date any Annual Fee (after
the first Annual Fee) becomes payable by one
party giving the other written notice at least
30 days prior to such date. Termination shall
not affect any obligations accruing between the
parties up to the date of termination. In
particular, any Annual Fees or parts thereof
outstanding at the time of termination shall
remain due and payable by the Firm to
Divorce-Online. No part of the Annual Fee shall
be refundable on
termination.
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Divorce-Online
and the Firm are independent contractors, and no
agency, partnership, joint venture,
employee-employer or franchiser-franchisee
relationship is intended or created by this
Agreement.
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If any
provision of this Agreement is held to be
invalid or unenforceable, such provision shall
be struck out and the remaining provisions shall
remain enforceable. Headings are for reference
purposes only and in no way define, limit,
construe or describe the scope or extent of such
section. Divorce-Online's failure to act with
respect to a breach of this Agreement by the
Firm does not waive Divorce-Online's right to
act with respect to subsequent or similar
breaches. These terms and conditions and the
accompanying letter set forth the entire
understanding and agreement between
Divorce-Online and the Firm concerning their
subject matter.
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This Agreement
shall be governed by and construed in accordance
with the laws of England and Wales and each of
the parties submits to the exclusive
jurisdiction of the Courts of England and Wales.
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