“Contract”

means the Contract between NWD and the User for the Term.

“Information”

means the Information provided by the User relating to the existence and location of the Client’s will.

“NWD”

means the National Wills Database.

“Registration”

means the acceptance by NWD of personal information provided by the User in order to Search.

“Search”

means a search of the database using the Search facility provided by NWD.

“Services”

means the provision of a database on a website created and managed by NWD.

“Term”

means the period of one year from the date of the Contract and any subsequent renewal.

“User”

means you the User who has provided or will provide the Information , either directly or via a third party, or who is registered to Search.

HEADINGS

Are included in these Terms and Conditions for convenience only and shall not affect the construction or interpretation of them.

CONTRACTS

A Contract will be made when NWD accepts the Information and Payment is received.

SERVICES

NWD shall provide entry onto an internet based database detailing the existence and location of the User’s will using the Information .

The Services shall be provided by NWD with reasonable care and skill and NWD will use its best endeavours to procure that the Services are accurate and available to Search throughout the Term but any period or periods of non-availability of the Services not amounting to in total more than one calendar month during the Term shall not entitle the User to any refund provided that NWD shall have the option to provide the Services upon any domain name or names from time to time maintained by NWD.

NWD may when deemed necessary from time to time alter, correct, suspend or modify the provision of the Service.

COMMENCEMENT

NWD will use all reasonable endeavours to ensure that the Information is shown on the website within 3 working days of the date of the Contract.

CLIENT OBLIGATIONS AND CONDITIONS OF USE

All Users are responsible for the accuracy of the Information and shall be responsible for ensuring that all Information is up to date.

All Users must be 18 years old or above at the date of Registration with NWD and must have payment facilitates available in their own name.

Users are responsible for ensuring the compatibility and adequacy of their computer system and the security of it. Users should ensure that they have adequate anti-virus protection and any other security checks.

CHARGES

All Charges payable under the Contract are due on formation of the Contract and on each subsequent annual renewal. Payment shall be made electronically using a debit or credit card on each occasion NWD shall be under no obligation to provide the Services until after such payment has been made.

NWD reserves the right to obtain validation of all credit and debit card details prior to formation of the Contract.

Payment will be required prior to any Search being undertaken. A charge will be made payable electronically using a debit or credit card, in advance. Payment is required for registration to Search and on each Search undertaken NWD reserves the right to vary the payment fee from time to time.

DATA PROTECTION

NWD shall ensure that they are at all times registered with the Information Commissioner and will comply with all requirements of registration. Users acknowledge that, Information will be retained concerning Clients will and personal Information within the meaning of the Data Protection Act 1998

TERMINATION AND CANCELLATION

NWD may terminate the Contract or Search at any time should they find the User to be in breach of these Terms and Conditions. Upon termination, all Information or personal Information provided shall be destroyed by NWD.

Any termination of the Contract, (howsoever occasioned) shall not affect any accrued rights or liabilities of either party nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into force on or after termination. At the expiry of the Term and each subsequent Term the Contract shall automatically renew for the Term unless the User have provided NWD with written notice of his wish terminate, such notice to reach NWD not less than 10 working days before the end of the Term.

SEARCH FACILITY

An initial Search may be undertaken using a maximum of three Search terms. Any additional Searches will be chargeable per Search and will be accessible only upon Registration. Any Search producing a match with Information will result in NWD providing confirmation of the existence and location of a will.

NWD cannot guarantee the accuracy of any Search and advise all Users to consult professional advisors in respect of the Information before acting upon it.

LIABILITY AND DISCLAIMER

NWD shall have no obligation or duty or liability in contract, tort, negligence, breach of statutory duty or otherwise beyond that of a duty to exercise reasonable skill and care. Except where otherwise provided in these Terms and Conditions NWD shall have no liability whatsoever except where caused by the negligence or wilful default of NWD. All conditions warranties or other terms whether express or implied, statutory or otherwise are hereby expressly excluded or restrict any statutory liability of NWD.

NWD’s total liability in contract, tort, negligence, breach of statutory duty or otherwise arising out of or in connection with the service or otherwise shall be limited to the cost of provision of the Services.

Each provision of these Terms and Conditions excluding or limiting liability is to be construed as a separate exclusion or limitation applying and surviving even if for any reason one or other of the said provisions is held inapplicable or unreasonable in any circumstances and shall remain in full force and effect notwithstanding termination of this Contract.

NWD shall not be responsible for the accuracy or validity of the Information provided by the User.

NWD shall have no liability in respect of the content or availability of any other website which may be accessible from the Service. NWD is not responsible for, nor does it endorse the content of any other website.

GENERAL

The User has not relied on any representation, arrangement understanding term or agreement (whether written or oral) not expressly set out or referred to in this Contract and save as so expressly set out or as may be imposed by statute all such representations arrangements understandings terms or agreements are excluded to the fullest extent permitted by law.

By accepting the provision of the Services the User consents to be contacted by NWD from time to time during the Term for the purpose of offering or promoting Services or products which are ancillary, related or of a similar type to the Services.

The Contract is made for the benefit of the parties to it and (where applicable) their Successors and permitted assigns and is not intended to benefit or be enforceable by any other party.

NWD shall have no liability to the User under the Contract if it is prevented from or delayed in performing its obligations or from providing the Services by acts, events, omissions or accidents beyond its reasonable control including strikes, lock outs, or other industrial dispute. Failure of a utility service, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation, or direction breakdown of plant or machinery, fire, flood, storm or default of supplier or sub-contractor.

If any of the provisions of the Contract are invalid under any applicable statute or rule of law then to that extent they are deemed omitted.

Any notice given under the Contract shall be sent electronically and shall be deemed delivered when dispatched to the email address notified under the Contract.

The Terms and Conditions shall replace all other Terms and Conditions previously applicable to the Contract and NWD shall reserve the right to alter or update such Terms and Conditions from time to time and following the publication of any amendment or update all Contracts will be governed by these Terms and Conditions.

The Contract shall be governed and construed in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the English Courts.

COMPLAINTS

In the event that any User has a complaint about the Searches or Search he should contact The administrator at NWD (admin@TNWDB.com)