The Islamic Wills Company Ltd

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Terms and Conditions

Our Terms of Business
Please ask if you would like us to explain any of these terms.

Service Standards
Responsibilities
Hours of Business
Professional Indemnity Insurance
Formation of the Contract
Data Protection
Storage of Documents
Limiting Liability
Applicable Law
Terminating your Instructions
Our Professional Body
Anti-money Laundering Obligations
Equality and Diversity
Your Rights to Cancel and to Request a Refund
Financial Services Authority
Intellectual Property Rights Notice
Security and Privacy
Raising Queries or Complaints

1. Service Standards

1.1 The Islamic Wills Company Ltd is committed to high quality legal advice and care to all of our clients. Once you have instructed us to write your Islamic Will, you can expect the minimum service standards from us:

To communicate with you in plain language;
To provide you with reasonable advice and your options regarding your assets and the implications of writing an Islamic Will for your immediate relatives;
To review your assets including any potential inheritance tax liability on your death and highlight aspects of further action which may be necessary such as the need for a foreign Will for property abroad;
To draft your Islamic Will;
To advise you of the Shariah distribution of your inheritance based on your current circumstance;
To send you a draft of your Islamic Will by email within one week of receiving payment from you for our services;
To update you if there are any important changes in projected timeframes for delivering your Islamic Will;
To print and post your Final Islamic Will within one week of receiving your approval of your draft Islamic Will;
To store your Will free of charge if you instruct us to, until further notice from us, once you have signed and returned it to us; and
To update you on whether the likely outcomes still justify the likely costs and risks associated with your matter whenever there is a material change in circumstances.

1.2 If there does not appear to be any tax liability on your death, or if you have indicated that you do not want any tax planning advice, then your Islamic Will will not include any provisions for reducing your Inheritance Tax liability. If our tax planning services are required, then you will be sent a copy of our Terms of Business setting out our different costs and projected timeframe for this service.

2. Responsibilities

2.1 Up to the point where we have sent your final Islamic Will, we undertake the following responsibilities:-

To advise you of any changes in the law which we reasonably believe to be relevant to the validity of your Will.
To inform you of any circumstances and risks that we are aware or consider to be reasonably foreseeable that could affect the outcome of your matter.

2.2 Your responsibilities are as follows:-

You will provide us with clear, timely and accurate instructions.
You will provide all documentation and any associated instructions required to complete the transaction in a timely manner.

3. Hours of Business

We operate Monday to Friday between 10.00 and 18.00. Given the nature of our business, we prefer contact by email via contact@islamwills.com . However, we also operate a same day call back service during these hours on 0845 813 2323. Alternatively, you may contact us at any time during our working hours on 07588 564 107.

4. Professional Indemnity Insurance

Our Professional Indemnity Insurers is Capita Commercial Insurance Services Ltd, 40 Dukes Place, London EC3A 7NH Tel: 0870 402 7788 Email: ARP@capita.co.uk .

5. Formation of the Contract

5.1 By submitting cleared payment either online or by post, you are making an offer to purchase our Islamic Will (hereby referred to as 'the Service') which, if accepted by The Islamic Wills Company Ltd (hereby referred to as 'the Company'), will result in a binding contract. The Company shall send you an email or notification by post (if email address is not provided), acknowledging receipt of your order and payment and confirming whether or not, it shall accept the contract.

5.2 Payment by you does not indicate acceptance by the Company. If your order is rejected, a full refund will be made immediately.

5.3 We reserve the right to refuse to process any submitted online questionnaire or prepare any Islamic Will at its absolute discretion for reasons including but not limited, to where we reasonably believe based on the information that you have provided that this service is not appropriate in your particular circumstance.

6. Data Protection

6.1 For the purposes of the Data Protection Act 1998, we confirm that we use the information you provide primarily for the provision of legal services to you and for related purposes including:-

preparation of your Islamic Will and any amendments required;
updating and enhancing client records;
analysis to help us manage our practice;
statutory returns; and
legal and regulatory compliance.

6.2 Our use of that information is subject to your instructions, the Data Protection Act 1998 and our duty of confidentiality. Please note that our work may require us to give information to third parties such as expert witnesses and other professional advisers. Your information will not be passed on to any Third Party except to Paypal (or any other payment collection service that the Company may appoint) for the purposes of obtaining payment the Service. The information we transfer will be limited to those necessary to obtain payment. The Company will not retain your credit card details once your payment has been processed.

6.3 You have a right of access, under data protection legislation, the personal data that we hold about you. Should you wish to see your file or have any other queries about the Personal Data held, you should contact Amina Sayed Hossen, The Islamic Wills Company Ltd, 8 Howden Close, London SE28 8HD Tel: 0845 813 2323 Email: contact@islamwills.com.

6.4 We may from time to time send you information which we think might be of interest to you. If you do not wish to receive that information please notify our office in writing.

7. Storage of Documents

7.1 Your information, copies of any documents except those which you ask to be returned to you, and copies of the Islamic Will that we draft for you will be stored by us for a period of six years after the date we send you your final Islamic Will. After this period, we will securely dispose of all of this information and documentation.

7.2 If you have use our Will Storage Facility, we will store your original Islamic Will and any related documentation which you have provided in our 30 minutes Fireproof Storage Facility free of charge until either you request it or your appointed Executor(s) do, if you die. We will not charge for additional copies or retrieval.

8. Limiting Liability

8.1 Our liability to you for a breach of your instructions shall be limited to £3,000.000, unless we expressly state a higher amount in the letter accompanying these terms of business. We will not be liable for any consequential, special, indirect or exemplary damages, costs or losses or any damages, costs or losses attributable to lost profits or opportunities.

8.2 We will not be liable should a beneficiary suffer a loss arising from our interpretation of the Islamic Inheritance Laws.

8.3 We will prepare your Islamic Will based on the information provided by you in your completed online questionnaire. We will not be liable to you or any third party for any loss or damage arising from any inaccuracies, errors, omissions or otherwise of the information provided by you, which results in the failure of the execution of your Islamic Will in whole or part.

8.4 We will provide you with detailed signing instructions for your Islamic Will which must be strictly adhered to. We will not be liable to you or any third party for any loss or damage should a beneficiary suffer a loss as a result of your failure to execute your Islamic Will in accordance with our signing instructions.

8.5 We will not be liable to you or any third party for any loss or damage arising should a beneficiary suffer a loss as a result of your failure to execute your Islamic Will in good time or not at all.

8.6 We will use our reasonable endeavours to ensure that the data on our website is accurate and to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the website will be fault free and do not accept liability for any inaccuracies, defects, errors whether typographical or otherwise, omissions, out of date information or otherwise.

8.7 We do not accept liability whatsoever for any loss or damage caused by any computer virus transmitted to you from our website, incompatibility with your browser, or interrupted access to our website or from your use of or inability to use our website (including any of its contents).

8.8 We do not accept liability for any loss or damage caused should your Islamic Will be lost or delayed in the post.

8.9 All material included in this website is intended for information purposes only and does not represent legal, taxation or religious advice for individual circumstances.

8.10 We can only limit our liability to the extent the law allows. In particular, we cannot limit our liability for death or personal injury caused by our negligence.

9. Applicable Law

Any dispute or legal issue arising from our terms of business will be determined by the law of England and Wales, and considered exclusively by the English and Welsh courts.

10. Terminating your Instructions

10.1 You may end your instructions to us in writing at any time, but we can keep all your papers and documents while there is still money owed to us for fees and expenses.

10.2 We may decide to stop acting for you only with good reason, e.g. if you do not pay an interim bill or there is a conflict of interest. We must give you reasonable notice that we will stop acting on your behalf.

10.3 If you or we decide that we should stop acting on your behalf, you will pay our charges up until that point. These are calculated proportionally the agreed fee as set out in these terms and conditions.

11. Our Professional Body

We are authorised and regulated by the Solicitors Regulation Authority and as such are required to follow the Solicitor's Code of Conduct, which you can locate on their website at www.sra.org.uk/rules.

12. Anti-money Laundering Obligations

In accordance with our anti-money laundering obligations, we are professionally and legally obliged to keep your affairs confidential. However, solicitors may be required by statute to monitor your information for warning signs of money laundering or terrorist financing and to make a disclosure to the Serious Organised Crime Agency. If we make a disclosure in relation to your matter, we may not be able to tell you that a disclosure has been made. We may have to stop working on your matter for a period of time and may not be able to tell you why.

13. Equality and Diversity

The Islamic Wills Company Ltd is committed to promoting equality and diversity in all of its dealings with clients, third parties and employees. Please contact us if you would like a copy of our equality and diversity policy.

14. Your Rights to Cancel and to Request a Refund

14.1 We have not met with you, so the Consumer Protection (Distance Selling) Regulations 2000 apply to our Service. This means you have the right to cancel your instructions to us within seven working days of receiving this letter. You can cancel your instructions by contacting us by email or post to this office.

14.2 However, due to the personal nature of this service and the ease of copying, once we have emailed you a draft of your Islamic Will, we reserve the right not to refund your payment if you then cancel your instructions.

15. Financial Services Authority

15.1 If during this transaction you need advice on investments, we may have to refer you to someone who is authorised by the Financial Services Authority, as we are not. However, as we are regulated by the Solicitors Regulation Authority, we may be able to provide certain limited investment services where these are closely linked to the legal work we are doing for you.

15.2 If you have any problem with the service we have provided for you then please let us know. We will try to resolve any problem quickly and operate an internal complaints handling system to help us resolve the problem between ourselves. If for any reason we are unable to resolve the problem between us, then the Solicitors Regulation Authority and the Legal Complaints Service provide complaints and redress mechanisms.

15.3 The Law Society is a designated professional body for the purposes of the Financial Services and Markets Act 2000 but responsibility for the regulation and complaints handling has been separated from the Law Society's representative functions. The Solicitors Regulation Authority is the independent regulatory body of the Law Society and the Legal Complaints Service is the independent complaints handling body of the Law Society.

16. Intellectual Property Rights Notice

The contents of our website and Islamic Will are protected by copyright and must not be reproduced without the prior written permission of the Company.

17. Security and Privacy

17.1 The Company use cookies to store information on your computer about your session. A cookie is a small text file written onto your hard drive to store a unique identifier which the browser uses to send back to the server on each request. Once you close your browser, the cookie simply terminates. If you set up your browser to reject the cookie, you may not be able use the website.

17.2 Our website uses secure 128-bit SSL technology which is an advanced encryption technology to protect any data that you enter into our online questionnaire.

17.3 We do not (in accordance with the Privacy & Electronic Communications Act 2003) send random marketing emails to personal email addresses (i.e. spam).

17.4 If you disclose your personal ID reference number to anyone, they may be able to access all of the information which you have entered onto our Website. Therefore, if you disclose your reference number to anyone, you will be deemed to consent that your personal information is shared with that third party and anyone else that the third party passes it to.

18. Raising Queries or Complaints

18.1 The Islamic Wills Company Ltd is committed to high quality legal advice and client care. If you are unhappy about any aspect of the service you have received, or about the bill, please contact me by email on contact@islamwills.com or by telephone on 0845 813 2323 or 07588 564 107. Alternatively, you may post your comments to our registered office at 8 Howden Close, London SE28 8HD.

18.2 If you are not satisfied with our handling of your complaint, you can ask the Office for Legal Complaints by email on enquiries@legalombudsman.org.uk or by telephone on 0121 503 2930 to consider the complaint.

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