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 sent an e-mail with an activation link. You can then access your secure Case management area to complete your details. We will generate your documents within 1 working days of receiving your Case data 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 of course need to be extended.

Postal Services

Please note that when you order the posted version of the service only the legal documents are posted to you.

The initial questionnaire has to be completed online and all communication is through our online system 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. We are unable to chase you for documents we have sent so you are responsible for ensuring safe arrival of documents and should contact us if you have not heard from us within a reasonable amount of time.

We are unable to send documents out to you by courier but you can arrange for them to be collected from our offices.

Recurring payments - no longer avaliable to new customers

Payment will be by recurring payment from a debit or credit card. We can offer 3 months or 6 month terms. 3 months will incur an admin fee of £20.00 6 months will incur an admin fee of £60.00 The date of the recurring payment will be the same each month or the next working day thereafter. We therefore will set up the payment to come out of your card account on the day you tell us you get paid so you need to ensure that you have sufficient money in your account to make payment. The card you use for the spread payment must be within 6 months of expiry. If your card is declined for whatever reason we will charge you an additional £25.00 for each failed payment to cover our costs. You may not have more than 1 declines in any period failing which we will suspend your account and demand the full outstanding balance from you. Your case will be suspended and no further work will be undertaken until full payment has been made and we reserve the right to take court action if the outstanding monies have not been repaid. We also reserve the right at any time to defer the payment of court fees to the court until such times as you have paid sufficient installments to cover the court fees. This is at our absolute discretion. You are deemed to have accepted these terms in full.

7 Day Refund Policy

This website complies with The Consumer Protection (Distance Selling) Directive 2000 in that you have a seven day cooling off period to decide whether you wish to proceed with our service which starts on the day after you have purchased the service. We will refund you within 7 working days. However you will not be entitled to a refund during the cooling off period if you have used your login and password to access your account as we will have been deemed to have started to work for you . Please see below for special terms relating to Scottish simplified divorce packs.

Time Validity for using DivorceTrak Services.

Our Legal Pac and Divorce Trak software services are valid for a period of 6 months only. After this period, you will be charged a £65.00 reactivation fee if you wish to continue. This is because the documents and requirements of the court change on a regular basis. We therefore advise you to complete your questionnaire and download your documents as soon as you have ordered.

Additional Charges

We reserve the right to charge an administration fee where the court service have changed the format of their documents but you have not filed them at court prior to those changes taking effect or where you require amendments to your documents once they have been created. This will be no more than £25. We also reserve the right to charge you £25.00 where our solicitors have created a consent order on your instructions but you have asked for a re draft.

What a Managed service involves

We are not Solicitors and do not conduct litigation for you or act for you as a Solicitor or give legal advice. We act as your address for service only; you remain as a litigant in person and are on record as acting in person throughout the proceedings. We will not accept service of proceedings on your behalf in the event that other litigation ensues as a consequence of your divorce.

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 contested once we have commenced any work for you

Scottish Divorce Services

The Scottish divorce service is provided by Francis Collins of 7 Rydel Place East Kilbride G75 8YN.

Online Legal Services Ltd provide the marketing for this service in return for a fee and are not liable for any part of the service provided by Frank Collins.

Part of the fee paid by you is for our marketing fee to Francis Collins. Once you have paid the fee, we will send your details to Frank Collins and from that point any client relationship shall exist between you and Frank Collins and Online Legal Services shall have no liability whatsoever with regards to the service.

Purchasers of the simplified divorce pack are not entitled to a refund at any time as the package is unsealed sofware and as such is wholly exempt from Distance Selling Regulations.

Consent Orders and other Agreements

Consent orders will normally be delivered with 28 days of receiving your instructions but this may not always be achievable because of the complexity or nature of the terms of the order. We will advise you if that timetable needs to be extended. All orders are drafted by third party Solicitors who at all times owe you a duty of care and in the event of a dispute or claim they shall be liable for any loss incurred by you. You proceed on the basis that you have been advised to obtain legal advice on the terms of the order.

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 be 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 trading as Divorce-Online and Divorce Online "DOL". 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.

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 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. It is your responsibility to ensure you enter the correct information into the fields as it may cause delays later and additional fees if your documents need to be amended.

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 Divorce Online 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.

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 provided by us without obtaining appropriate legal advice as to its suitability for your particular requirements. Whatever advice you receive is the responsibility a solicitor or other authorised 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.

Professional Indemnity Insurance

Online Legal Services Limited holds professional indemnity insurance with Freelance Insure.

Customer Service

Divorce-Online will provide support from its call centre by suitably experienced and qualified staff depending on which product you have purchased from us.

Support is available by telephone or e-mail

Our support staff are not legal advisers and are not authorised to give legal advice.

The support staff can be contacted in the following ways:

Tel: 01793 600 736

Email: support@divorce-online.co.uk

Post:
Divorce-Online
Alexander House
19 Fleming Way
Swindon
Wiltshire
SN1 2NG

Divorce-Online Legal Help line for £1.50 per minute

These services are intended to give general guidance on legal matters only and independent legal advice should be taken before any reliance is placed on the telephone advice given The length of telephone call and the advice given will be determined by the call provider and their advisors and termination of the call shall be in their absolute discretion no liability shall attach to Online Legal Services Ltd for hosting this service on behalf of the operator.

Terms valid as at 10/09/2011