Please read the following Capacity Vault Terms and Conditions.

1.              These terms

1.1           What these terms cover. These are the terms and conditions on which we supply our products to you, whether these are goods (e.g. printed wills), services (preparing and checking your wills) or digital content (digital copies of your wills).

1.2           Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

1.3           Are you a business customer or a consumer? These terms are for you if you are a customer who is purchasing your will for yourself or with a friend or family member.  If you are a business or a charity buying for your customers or supporters please get in touch and we will supply you with our terms of business.

2.              Information about us and how to contact us

2.1           Who we are. We are Capacity Vault Limited a company registered in England and Wales. Our company registration number is 13721399 and our registered office is at 364-366 Cemetery Road Sheffield S11 8FT. The terms “we”, “us”, “our” means Capacity Vault Limited

2.2           How to contact us. You can contact us by email at contact@capacityvault.co.uk or by phoning 02071932747.

2.3           How we may contact you. If we have to contact you we will do so by writing to you at the email address you provided to us, by telephoning you using a phone number you provide, or by writing to you at the address you have entered.

2.4           "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3.              Our contract with you

3.1           What services we will provide

(a)        as part of your initial purchase.  Our service to you following receipt of initial payment and commencement of your subscription will be to (i) providing you with information about how to make a Capacity Vault recording (ii) checking that the device you are using is connected to the internet and can provide us with a live microphone and video feed (iii) processing the recording the video and audio feed that you send us and storing this securely on our servers for a reasonable period of time of not less than 12 years (iv) allocating the recording a unique crypto hash and providing you with an electronic certificate of the recording and

(b)        following challenge to your will. Our service to you will be to (v) provide a sworn statutory declaration and copy of the Capacity Vault recording upon request from your executors or personal representatives or the Court. This service will be free for customers who have maintained a subscription until 9 months before your death and will be charged at a reasonable rate for a qualified solicitor (currently £253 plus VAT per hour) if your subscription is cancelled more than 9 months before your death. We estimate that this service will take 1-2 hours of a solicitor’s time.

3.2           What services we will not provide. We will not provide advice on: (i) drafting or completing a will or any trusts, (ii) tax or tax planning, (iii) family or childcare issues, (iv) divorce, pre-nuptual or post-nuptual agreements, (v) wills made in contemplation of marriage, (vi) any aspect of international or inter jurisdictional advice including property, law, residence, domicile or tax, (vi) contingent gifts, (vii) storage of wills, (viii) review of wills prepared by other providers, (ix) drafting bespoke documentation, (x) a testamentary capacity assessment (xi) any other matter other than those set out in 3.1 above.

3.3           How we will accept your order. Our acceptance of your order will take place when we email you with your Capacity Vault certificate.

3.4           If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product or we will issue a refund. This might be because of local or international restrictions, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

3.5           Our products are designed for use in England and Wales. Our website is intended for use in England and Wales. By entering into a contract with us you certify you are resident and domiciled in England and Wales and your order relates solely to assets held in England and Wales or, if this is not the case, that you have taken independent expert advice from a local lawyer.

4.              Making your Capacity Vault recording

4.1           When we will provide the products. During the order process we will let you know when we will deliver the products to you. If the products are ongoing services or subscriptions we will also tell you when and how you can end the contract.

4.2           We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

4.3           If you are not able to receive information about the product. If you have your spam mail filters set so that we cannot contact you then you can log in and download your Capacity Vault certificate. We would encourage you to put Capacity Vault on your “safe senders” list so you receive our communications.

5.              Updating your will

It is possible to make an updated Capacity Vault recording using our website. This is free if you maintain your Capacity Vault subscription.  If you do not maintain your subscription a fresh purchase will be required.

6.              Ending your contract with us

6.1           You can always end your contract with us.  Our goodwill guarantee (see below) goes further than your statutory rights.  Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

(a)        If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 10;

(b)        If you want to end the contract because of something we have done or have told you we are going to do, see clause 6.2;

(c)        If you are a consumer and have just changed your mind about the product You may be able to get a refund if you have not created a recording and you are within the cooling-off period, but this may be subject to deductions: we cannot provide a refund for the cost of creating a recording once you have completed the process.

6.2           Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (c) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

(a)        there is a risk that supply of the products may be significantly delayed because of events outside our control;

(b)        we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 10 days;

(c)        you have a legal right to end the contract because of something we have done wrong.

6.3           Our goodwill guarantee for consumers. Please note, these terms reflect the goodwill guarantee offered by us to our UK consumer customers, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products (see clause 10.1):

(a)        Right under the Consumer Contracts Regulations 2013
14 day period to change your mind following payment but prior to completion of your Capacity Vault recording.
Consumer to pay costs of return.

(b)        How our goodwill guarantee is more generous
28 day period to change your mind following payment but prior to completion of your Capacity Vault recording.
No cost for return if goods are destroyed.

6.4           If you want to end the the contract with us. To end the contract with us, please let us know prior to completing your Capacity Vault recording by emailing us at contact@capacityvault.co.uk.  When you do that:

(a)        If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment subject to deductions for printing and sending.

(b)        We will make any refunds due to you as soon as possible and in any event issued within 14 days.  Refunds usually appear immediately but can sometimes take 5 to 10 days to show on your account statement.

7.              Our rights to end the contract

7.1           We may end the contract if you break it. We may end the contract for a product at any time if you fail to pay for it.

7.2           If the law changes.  We may end the contract if if the laws or regulations in England and Wales change so that it is no longer possible to provide products or services to you.

7.3           We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 28 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

7.4           Passage of time. We will keep your Capacity Vault recordings for at least 12 years. If you do not have an active subscription following this period we reserve the right to withdraw our product and remove any data or recordings you have made.  We will periodically review the integrity of the Capacity Vault recordings. We will use our reasonable endeavours to avoid corruption or degradation of the recordings.  We do not guarantee the integrity of the recordings in any event for a period greater than 15 years.

8.              If there is a problem with the product

8.1           Tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at contact@capacityvault.co.uk.  If we cannot deal with your complaint: alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a consumer and are not happy with how we have handled any complaint, please follow the complaints procedure set out by the Society of Will Writers.

8.2           Your rights in respect of defective products. If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

If your product is goods, for example a printed document, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.

b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.

c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

If your product is digital content, for example an electronic document, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:

a) If your digital content is faulty, you're entitled to a repair or a replacement.

b) If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.

c) If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation.

If your product is services, for example subscription service for updates, the Consumer Rights Act 2015 says:

a) You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.

b) If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.

c) If you haven't agreed a time beforehand, it must be carried out within a reasonable time.

See also clause 6.2.

9.              Price and payment

9.1           Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct.

9.2           When you must pay and how you must pay. We accept payment with major debit or credit cards through our payment partner Stripe. When you must pay depends on what product you are buying:

(a)        For goods, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.

(b)        For digital content, you must pay for the products before we send them.

(c)        For services, we will take payment by direct debit or other subscription annually in arrear.

10.              Our responsibility for loss or damage suffered by you if you are a consumer

10.1           We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

10.2           We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation by us; for breach of your legal rights in relation to the products including the right to receive products which are as described. Wherever it is not prohibited at law we limit our liability to the value of the services provided and paid for by you.

10.3           When we are liable for damage caused by defective digital content. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by taking reasonable care to avoid damage to your computer including installing a firewall and anti-virus software and following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

10.4           We are not liable for business losses. We only supply the products for to you for domestic and private use.  Unless agreed with you by separate arrangement we exclude all liability for any loss or damage suffered by you if your are a business save for personal injury or death.

11.              How we may use your personal information

We will only use your personal information as set out in our privacy policy.

12.              Other important terms

12.1           Our intellectual property and website. You are granted a non-exclusive, non-transferable licence by us to use our Website and to print pages from the Website and the wills that we send you. If you order and pay for a Capacity Vault recording you will be emailed a of the Certicate copy. You must not modify, copy, reproduce, upload, post, transmit or distribute by any means or in any manner whatsoever, any material or information emailed to you or downloaded from our website except where expressly invited to do so by us.  You may not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party any wills or the content of our website in any way; (ii) modify or make derivatives based upon our wills or our website; (iii) embed a will or another part of our website as an "iframe" or "frame" from within another application; or (iv) reverse engineer or access the services we provide or our wills in order to (a) build a commercial product or service, (b) build a will making process using ideas, features, functions or graphics that are similar to those related to us, or (c) copy any ideas, features, functions or graphics of our website. When using our website you shall not: (i) send any correspondence that has not been suitably scanned for any software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (ii) interfere with or disrupt the integrity or performance of our website or the data on our website, or our servers or networks; (iii) attempt to gain unauthorised access to secure pages of our website or its related systems or networks; or (iv) take any action that imposes an unreasonably or disproportionately large load on our system.

12.2           We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 28 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.

12.3           You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if we feel that this could cause any confidentiality, ethical, privacy or compliance issues. However, if you are a consumer you may transfer our guarantee at clause 6.3 to a person who has acquired the product or, where the product is services, any item or property in respect of which we have provided the services. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property, for example by providing a solicitor-certified copy of their passport or other photographic identification.

12.4           Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 14.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

12.5           If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

12.6           Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

12.7           Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English and Welsh law and you can bring legal proceedings in respect of the products in the English and Welsh courts.