This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the legal products services (Services) listed on our website www.netlibel.com (our site) to you. Please read these terms and conditions carefully before ordering any Services from our site. You should understand that by ordering any of our Services, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference. Your decision to proceed with your instructions to us will be taken as full and unequivocal acceptance of the aforesaid terms and conditions.
1 Information about us
www.netlibel.com is a site operated by Net Libel Ltd. We are registered in England and Wales under company number 07262041 and have our registered office at 70 Baker Street, London, W1U 7DJ.
2. Your status
By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts; [and]
(b) You are at least 18 years old;
3 Consumer rights
3.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days before we have sent the Service Dispatch. In this case, you will receive a full refund of the price paid for the Services in accordance with our refunds policy (set out in clause 10 below).
3.2 Your renewal of membership may be cancelled by giving one months notice by e-mail or in writing to our registered office.
3.3 This provision does not affect your statutory rights.
4 Price and payment
4.1 The price our Services will be as quoted on our site from time to time, except in cases of obvious error.
4.2 These prices include VAT.
4.3 Payment for all Services must be by paypal.
5. Our liability
5.1 We warrant to you that any services purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which services of the kind are commonly supplied. In relation to the supply of services including legal precedents, instruments, advice notes, letters or any other type of legal document please see the Disclaimer below.
5.2 Our liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the purchase price of the service you purchased.
5.3 This does not include or limit in any way our liability for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
5.4 We are not responsible for indirect losses even if such losses result from a deliberate breach of these Terms by us that would entitle you to terminate the contract between us, including but not limited to:
(a) loss of income or revenue
(b) loss of business
(d) loss of profits or contracts
(e) loss of anticipated savings
(f) loss of data, or
(g) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
6.1 While we endeavour to ensure that the ‘take-down’ letters available by subscription to the Website / purchased via the Website are drafted in accordance with the substantive law and with reference to the correct procedural requirements for litigation of the jurisdiction in which the letters are intended to be used, we do not warrant the accuracy and completeness of the letters available on the Website. We may make changes to the letters available on the Website and prices described therein at any time without notice. The letters on the Website may be out of date, and we make no commitment to update such material.
6.2 The letters are released without any conditions, warranties or other terms of any kind. Accordingly to the maximum extent permitted by law we forward the letters available on the basis that the Owner exclude all representations, warranties, conditions and other terms including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill and any common law or statutory duty of care which, but for this legal notice, might have effect in relation to the Website.
6.3 We do not guarantee the effectiveness of any ‘take-down’ letters and do not undertake to provide you with any additional services legal or otherwise in association with the provision of the letters or the form in which they are provided. We will not be responsible for the repercussions of your use of the letters or any litigation that ensues as a result.
7. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Net Libel Limited at firstname.lastname@example.org . We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail,that such e-mail was sent to the specified e-mail address of the addressee.
8 . Transfer of rights and obligations
8.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
8.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
8.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
9. Events outside our control
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
9.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
9.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
10.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
10.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
10.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
12 Entire agreement
12.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any Contract.
12.2 We each acknowledge that, in entering into a Contract, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty (Representation) of any person (whether a party to that Contract or not) other than as expressly set out in these terms and conditions.
12.3 Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these terms and conditions.
12.4 Nothing in this clause shall limit or exclude any liability for fraud.
13. Our right to vary these terms and conditions
13.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements, changes in our system’s capabilities or for any other reason that we deem makes it necessary to do so.
13.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Services).
14. Law and jurisdiction
Contracts for the purchase of Services through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.