Terms & Conditions

Our Services

These terms and conditions will apply to any services which we provide to you. They will usually be supplemented by other communications confirming the specific services to be provided and any fees payable.

Our Company

Zenco Legal operates as a company registered in England & Wales with company number 08891385. Our registered address is Zenco Legal, Creative Mill, 64 Mansfield Street, Leicester, LE1 3DL.

Joint Instructions

Where we are jointly instructed by you and another client to act in a matter (such as your spouse or partner), we will assume that either of you are authorised to give us instructions and that you are jointly and severally liable for any fees, unless either of you advise us otherwise. Unless informed of any change in writing, we will assume that this remains the case until our work is completed.

Professionally Drafted Documents – Lasting Power of Attorney service

Where we take instructions on behalf of a Donor we take the word of the caller/ applicant to provide accurate and honest information. Zenco Legal cannot be held responsible for any false or dishonest information supplied.

Our Professionally Drafted Document Service includes the preparation of the Lasting Powers of Attorney documents only, it does not include a checking service for the signed documents. We provide clear instructions for the signing and dating of the paperwork. If errors are made by the customer with either signing or dating which result in the Office of Public Guardian rejecting the application Zenco Legal cannot be held responsible for this or
any charges that are a result of the errors made.

Office of Public Guardian Registration Timeframes

The Office of the Public Guardian (OPG) are a Government body. The registration process of the Lasting Powers of Attorney must be completed by the OPG. Zenco Legal cannot control the timeframes of this process. We cannot offer a refund for complaints relating to the registration timeframe.

General Powers of Attorney service

A General Power of Attorney (GPA) is a legal document Pursuant to the Powers of Attorney Act 1971, (section 10) and is designed to be used only on an interim basis:

  1. Whilst waiting for a legally binding Property & Financial Lasting Power of Attorney to be granted by the Office of the Public Guardian, or;
  2. As a one-off property or financial transaction to be carried out in England or Wales.

A GPA cannot be used under any circumstances to make decisions about another person’s health or welfare.

Zenco Legal is not able to offer GPAs for use outside of England & Wales. This includes assets located outside of England and Wales where the asset holder is resident in England or Wales.

Approving the content of your Lasting Power of Attorney documents

Any details featuring on these documents must be approved by you within 30 days of the date on which you placed your order with Zenco. Once this date has passed, if there is no outstanding balance, we will send your documentation to you without approval and are not responsible for any errors there are as a consequence of this. We will of course complete minor amends to the documents after this point at no additional cost if required. If there is an outstanding balance on your account, Zenco will close your file and look to recover any debt due. 

Use of Lasting Powers of Attorney Documents Abroad

Our Lasting Powers of Attorney documents are legally binding in England and Wales only. If these documents are required to be used outside of England and Wales it is the customer’s responsibility to contact the relevant overseas authorities and seek proper legal advice in that jurisdiction.

We do not guarantee that Lasting Powers of Attorney documents will be accepted by any foreign jurisdiction.

Wills and Trust Services

Please read these terms carefully before buying our service, to make sure we’re the right choice for you. If you’re unsure or have any questions about our service, please contact us. Your document is for your personal use only and cannot be bought for any third party or for resale.

To purchase a Will/Trust from Zenco Legal you must;
• Be 18 or over
• Be a permanent resident in the United Kingdom
• Require a document, capable for use as a Will/Trust in England and Wales only

Payments

Paying for your document means that you agree and accept these terms. We accept your order when you pay and at this point a contract is formed between you and us. Unless we both agree otherwise, our contract will terminate automatically once we’ve provided the service to you.

We cannot accept payment for a Will/Trust from a beneficiary of the estate. Payment must be made from the bank account of the person putting the Will in place (Testator).

Putting a Will/Trust in place can be an emotional exercise. If an order is started but cannot be concluded for emotional reasons a refund cannot be offered.

We do provide full instructions for signing, dating and having your Will/Trust documents witnessed. Zenco Legal cannot be held responsible if you fail to follow the instructions correctly. If documentation such as proof of ID or signed disclaimers is required, you will be notified of this verbally and in writing. Work cannot proceed if Zenco do not receive these form you and are not responsible for chasing the submission of these. If errors are made during the signing process and replacement documents are required there will be an additional administration charge of £30.

Communication

You must provide us with accurate and true details about who you are and your estate. By accepting these terms and conditions you agree not to mislead us or misrepresent who you are.

You must be able to communicate with us in private and you agree that you are the only individual providing instructions to us and those instructions are your own. No person who is intended to benefit from the estate of the Will being drafted can be present during the appointment.

Approving the content of your Will

Following your Will/Trust appointment you will be emailed a written summary of the instructions we have taken from you. It is your responsibility to check the detail including spellings and dates of birth to ensure that the details are 100% accurate. Zenco are not responsible for reminding you to complete this. After 7-days your Will/Trust will be automatically produced, if you have not sent any required amends within the 7-day timeframe there will be an additional administration charge of £30 for us to produce replacements documents.

Your documents

We provide your final Will/Trust documents for signing. Your Will/Trust documents do not become legally binding document until they are signed, dated and witnessed correctly. It is your responsibility to follow the guidance notes and ensure that your document/s is/are signed in compliance with the law. You should not make any written alterations to your Will after it is signed or staple anything to the document. If your document is not signed properly, it is likely to be invalid, written alterations may not be effective and the Will would be unenforceable. We won’t have any liability to you if you don’t sign your document/s, sign it/them incorrectly, make written alterations or fail to follow the guidance notes.

Future changes to your circumstances, the law, taxation or regulation may mean that your Will could become out of date or obsolete and we cannot guarantee that the document we produce will remain up to date, complete and accurate. It is not our responsibility to notify you of changes in the law, taxation or regulation, of the impact of these changes on your Will. You are responsible for future reviews of the terms of your Will to ensure it is up to date, complete and accurate and we won’t be liable for this.

Couples and Partners

If you have a partner and would like to make a document with them, you can choose to have a joint appointment provided you are eligible to do so.

You’ll be eligible if you’re:
• Married to your partner
• In a civil partnership with your partner
• In a committed relationship with your partner and you’re happy to discuss the details of your finances in front of your partner on a call, and you and your partner’s instructions are broadly the same

You will not be eligible if you’re:
• Separated from your partner
• Divorced from your partner
• Your civil partnership with your partner has been or is in the process of being dissolved
• In a familial relationship with your partner (for example a parent and child)
• In a platonic relationship with your partner (for example best friends)

This will mean that you and your partner will both be on the same appointment but will each have the opportunity to write your own document, leaving your own individual wishes.

Sometimes, we may need to speak to you individually (without your partner) if we consider this to be in your best interests. If that’s the case, we’ll let you know.

If at any time during the call you decide that you would prefer to have an individual appointment, just let us know. Zenco Legal reserve the right to refuse to take Will instructions if we suspect that undue influence is present.

Our Liability

Zenco Legal are not a law firm. There is no lawyer-client relationship between us and you. We are not registered or regulated by the Solicitors Regulation Authority.

We’re liable or responsible for any foreseeable loss or damage we cause you if we fail to comply with these terms – by breaking this contract or not using reasonable care and skill. Foreseeable means it’s obvious it’ll happen or, if at the time we made the contract, we both knew it might happen.

We’re not liable or responsible for any loss or damage that’s not foreseeable, for any loss or damage (direct or indirect) caused by something beyond our reasonable control, or if something was unavoidable despite us using reasonable care and skill to avoid it. You won’t be able to claim against us if your losses resulted from circumstance that we couldn’t or shouldn’t have been expected to know about.

This includes:
• You gave us information which was inaccurate
• The document is not fit for your own purposes (for example outside of England/Wales)
• You signed the document incorrectly
• You did not date the document
• You failed to have the document witnessed correctly
• You acted fraudulently
• You or a third party altered your document
• You did not make us aware of any known concerns in connection with you
testamentary and/or mental capacity (for example a diagnosis of a medical
condition or medication you were taking)
• You used our service in breach of these terms (for example buying a document for a third party or resale)
• Loss of corruption of data or information caused by any computer virus or technical defect transmitted through email transmission
• Any delays or failure in performance under these terms resulting from acts beyond our control, such as a flood, war, emergency, electricity failure and pandemic

We’re not liable or responsible for verifying, investigating, advising on/or checking:
• Your identity
• The identity of those named in your document or those that sign you’re your document
• Your age
• Your testamentary and/or mental capacity or the capacity of those that witness your document
• That the answers that that you give our telephone Will specialist are accurate and true
• That you domicile in England and Wales
• Whether you or any other person was subject to undue influence when using our services
• How to mitigate the risk of any actual or potential third-party beneficiary claims or whatever kind against your estate
• Specialised tax advice (including in relation to inheritance tax)
• That the document you make will remain in line with changes to your
circumstances, the law, regulation or taxation
• Future changes to the Will (unless otherwise agreed between us)

Provision of Information

To assist us in carrying out the work as efficiently as possible, you will need to ensure that all information provided is to the best of your knowledge complete, accurate and up to date. You should also notify us of any changes or variations to that information which may arise after the date it is passed to us and of any new circumstances that might be relevant to the work we are undertaking. It is important to note, work in some instances cannot proceed without certain documentation provided by you. Zenco is not responsible for chasing the required documents/ criteria due to be provided by you once you have been notified of its requirement. This is done verbally and in writing.

Costs

All services to be provided and any associated costs will be discussed with you and will be confirmed to you in writing. All fees quoted include VAT where applicable.

Our fees exclude all third party costs including the costs of registering documents with the Office of Public Guardian or Land Registry.

Postage

Zenco are not responsible for lost/ stolen or damaged documents due to postage. We always advise using recorded or speical delivery services to avoid this.

Data Protection

We are registered as a Data Controller with the Information Commissioner’s Office. We will use the data you provide to us solely for the purpose of providing you with legal services pursuant to an agreement we have with you, or as is permitted in law (i.e. for dealing with complaints or regulatory investigations).

We may have to share some or all of your information with other third parties. This may include experts and other third parties who we need to instruct to assist us with your matter.

You have rights under the General Data Protection Regulation (GDPR) and Data Protection Act 2018 and these include the right to be informed what information we hold about you. You also have the right to request a copy of any information about you that we hold at any time, and also to have that information corrected if it is inaccurate. If you believe that the information, we hold is wrong or out of date, please let us know and we will update it. For further information, please see our full Privacy Notice which is available on our website here)

Cybercrime and email fraud

It is unfortunate that Cybercrime and email fraud targeted at law firms and their clients is on the increase. Fraudsters are using very sophisticated methods to manipulate IT and intercept communications.

If you ever receive any other communication purporting to come from us and which purports to change our bank account details or to request that you send funds to another account, please do not rely on this and immediately contact the person at this firm handling your matter by telephone. Even if the request appears to have come from us, you must never send funds to another account unless you have verified this with us.

We cannot take any responsibility for any losses where funds are transferred to other accounts that have not been verified by us.

Statutory obligations

We are under a professional and legal obligation to keep the affairs of clients confidential.

Insurance

We have professional indemnity insurance in place. Please get in touch with us if you’d like further information on our insurance levels.

Termination (Cancellations)

You have a legal right under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to cancel this agreement within 14 days of entering into it. Please call us on 0116 218 7676 if you need to speak to us.

Online Orders

Once your online application has been submitted, you are consenting for services to be started immediately and consequently waive the 14 day period. When submitted the documents are checked by our paralegal team and processed through drafting before being sent to you for signing. After this point, minor amendments can be made at no additional charge.

1st Appointment/ Pre-Approval

Where you ask for services to be started immediately, we will ask you to confirm this on the initial telephone call. We call this ‘Authorisation to Start’ (ATS). Without this authorisation, we will not be able to start your order for 14 days.

After your initial appointment and where we have taken names of the donor and attorneys, legal instructions and allocated a dedicated timeslot with our legal team for your 2nd appointment we reserve our rights to charge you 50% of the order value.

Summary Approval

After your summaries and the details for the documentation have been confirmed, and may have sent the documentation to you in the post, we reserve our rights to charge you 100% of the order value.

You may lose the right to cancel if the services have been fully performed during the cancellation period. Due to the nature of our services and the short timescales we work to, work (the drafting of your legal documents) is routinely carried out during the first 14-days following the initial call when your purchase is confirmed.

After the 14-day period, you may withdraw your instructions at any time by written notice to us, but you will be liable to pay our reasonable fees in respect of work that has already been completed.

To issue a refund we will require your name, sort code, account number, house number and postcode. Once issued a refund can take up-to 5 working days to appear in your account.

Please refer to our cancellation table for further details of our Cancellation / Refund Policy

Cancellation / Refund Policy

Within your 14-day cooling off period (calculated from the date of receiving your order+14 calendar days)
When placing your order you authorised us to start work on your documents and provided most of the information required, documents are drafted the same day. Cancellations within the 14-day cooling off period therefore are only entitled to a refund of 50% of the total order value.If we have completed the second appointment then no refund will be available.
After your 14-day cooling off period(calculated from the date of receiving your order+14 calendar days)
If your appointment with our specialist is booked after the 14-day cooling off period you must cancel your order in writing within the 14- day cooling off period to receive a refund. If we have already taken the majority of the information required for your application during your first call, you will only be entitled to a refund of 50% of the total order value.
Medical Professional – Certificate Provider
If Zenco Legal identify the need for a medical professional to be the Certificate Provider for the Donor and a medical professional refuses to fulfil the role this is out of the control of Zenco Legal and no refund will be available. If a medical professional charges for the service to be the Certificate Provider, Zenco Legal are not liable for this cost.
Zenco Certificate Provider Service
If our Certificate Provider service is purchased the Donor will need to meet with our Registered Social Worker via video link. If as part of this appointment our Registered Social Worker identifies concerns surrounding the mental capacity of the Donor and therefore cannot fulfil the role of the Certificate Provider no refund will be available.
Death during application
Unfortunately, due to the nature of our work we do experience situations where the Donor unfortunately passes away during the application process. We hope that our customers understand that if the work has already been conducted then we cannot offer a refund. If the final appointment has not been sat then we will issue a 50% refund. However, if all final documents have been produced then we cannot offer a refund for work already conducted.
The Office of the Public Guardian Registration Timeframes The Office of the Public Guardian (OPG) are a Government body. The registration process of the Lasting Powers of Attorney must be completed by the OPG. Zenco Legal cannot control the timeframes of this process. We cannot offer a refund for complaints relating to the registration timeframe.

 

Storage and retrieval of files

At the conclusion of your matter, we will store your file of papers for a reasonable period of time. Due to the nature of the services that we are providing to you and pursuant to Article 17(3) of the GDPR, when you complete a will or trust using our services, we will securely store your data and keep this indefinitely. This is because we need to protect against legal claims, as well as to provide supporting information should your will ever be contested.

We would usually store other papers including casefiles for six years from the date of the final bill but reserve the right to determine the period of storage. Such papers or files may be stored in an electronic form (with the original paper version being destroyed as soon as it is scanned and saved as an electronic file).

There may be documents such as deeds or wills which we have agreed to deposit for you in safe custody or documents that you have otherwise asked to be returned to you. We will not destroy any such documents. If we retrieve papers or documents or electronic data from storage in relation to continuing or renewing instructions to act for you or your representatives, we will not normally charge for the direct cost for retrieval from storage. However, in all other cases, we reserve the right to make a charge for the retrieval or delivery of any stored files (including electronic data), papers, wills or deeds (including the cost of delivering them to you or your representatives by registered post or other secure means). We may also charge for the time we spend reading stored files, papers of deeds, writing letters or other work necessary to comply with your instructions. Our charges would be based on the applicable rate at the given time and we would always discuss this with you or your representatives beforehand.

Changes to our Terms and Conditions

These terms and conditions may be revised from time to time and the revised terms and conditions will apply from the date you receive them. You are of course free to terminate the arrangement between us in writing within 14 days if you do not accept the revised terms and conditions.

To make a complaint, get in touch with us

To complain, email us at talk@zenco.com

We’ll let you know as soon as we receive your complaint and outline the next steps. Your complaint will be handled by a dedicated member of our team.

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