Lawyer Network Terms and Conditions

These Lawyer Network Terms and Conditions (the “Agreement”) contain the terms and conditions between FormalWill Inc. (“FormalWill”) and you for the purchase of the Legal Review Option which principally provides you with access to services from a lawyer relating to one or more products you have purchased or received from FormalWill or any of its affiliated entities or websites.

In addition to the FormalWill Terms and Conditions, Disclaimer, and any other agreements (“Other Agreements”) that you enter into by using the FormalWill website, this Agreement constitutes a legal agreement between you and FormalWill governing the use of the Legal Review Option.  In the event of any conflict between this Agreement and the Other Agreements, the terms of this Agreement shall apply.  This Agreement is effective as of the date you accept this Agreement by purchasing the Legal Review Option.  If you sign up for a Legal Review Option, you are deemed to accept these terms, conditions, limitations and requirements.  In the event that you do not wish to accept, do not proceed to purchase this Legal Review Option.

1.Purchase/Transferability

We reserve the right at anytime (including after purchase) to accept or refuse your purchase of the Legal Review Option at any time (including anytime after purchase) subject to our sole and unfettered discretion.  In the event that we refuse or reject your purchase of the Legal Review Option, we will refund your purchase of the Legal Review Option only and you will not be entitled to any further amounts, compensation, or any services.

The Legal Review Option is not available to any non-individual (ie. Corporation or any other entity) and is not transferable or assignable (including to any spouse or family member).

2. What is included in the Legal Review Option. By purchasing the Legal Review Option, you will receive certain additional benefits/services from FormalWill and certain legal advice from a lawyer.

Services from FormalWill may include use of our technology, storing your information on our site, and certain rights to update/edit your legal document for a specified period of time following purchase.  Services from FormalWill do not include any legal advice.

Services you will receive from a lawyer include review of your document purchased on FormalWill’s site, legal advice for up to one hour on the phone or in person and meeting with a lawyer (if you require) to sign your legal document(s).

Payments made on the FormalWill website for the Legal Review Option consist of payment for FormalWill’s products and services which do not include any legal advice representation and are limited to the use of the website, proprietary technology, data storage, and other future rights to updating your documents.  The Legal Review Option also contains a separate fee for legal services payable to the Lawyer who is providing services to you for the Legal Review.  FormalWill simply collects the separate fee for legal services and remits same on your behalf to the Lawyer.  No portion of the legal fee is retained by FormalWill and no portion of FormalWill’s fees are provided to the Lawyer. The FormalWill fees and the Lawyer fees constitute distinct and separate fees which are simply collected by FormalWill for remittance.  Amounts paid for FormalWill’s products and services (as specified above) pursuant to the Legal Review Option are currently as follows:

Will – $56.90 (inclusive of HST)

Power of Attorney – $44.59 (inclusive of HST)

Living Will – $44.59 (inclusive of HST)

Payments made by you and remited to the Lawyer on your behalf for the the Legal Review Option are currently as follows:

Will – $192.10 (inclusive of HST)

Power of Attorney – $104.41 (inclusive of HST)

Living Will – $104.41 (inclusive of HST)

These services are limited and are meant for basic, straight forward situations and this service should not be used by you if your situation is complicated.

Services by the Lawyer are limited to the above and shall not include any complicated estate planning matters which may include, but are not limited to, the following:

  1. blended marriages with possible disagreements over the treatment of children from previous marriages;
  2. dependents with disabilities and complex instructions for their care.
  3. complex instructions to control the distribution of your estate after you die, and/or after your children die.
  4. a complex estate (business interests, trusts, non-Canadian property, etc.).
  5. You have many gifts and legacies (i.e., property or cash) to be transferred to many specified beneficiaries.
  6. You have many beneficiaries of the residue of your estate (i.e., after specific gifts have been transferred).
  7. You do have children that you do not intend to support who are minors or legally entitled to support.
  8. You are disinheriting a family member.
  9. Tax planning
  10. Insurance planning
  11. Any other matter deemed to be complex or beyond the scope of this option in the sole and unfettered discretion of the lawyer

By entering into this Agreement, nothing shall limit your option to engage any lawyer or other professional, at your own cost, to provide you legal and other advice with respect to your legal document and your situation.

THE LEGAL REVIEW OPTION IS NOT A SUBSTITUTE FOR ACCOUNTING, BUSINESS, TAX, INSURANCE OR ANY OTHER PROFESSIONAL OR LEGAL ADVICE OR SERVICES.

FormalWill is a technology company and is not a law firm and does not provide legal services.  Lawyers made available through the Lawyer Network are third-party independent contractors who have agreed to provide legal services directly to you, not through FormalWill, via a separate lawyer-client agreement between you and the Lawyer.  A conflict check by the lawyer will apply.  You may be required by the Lawyer to meet with you at their office or other location that is convenient to them or they may require a telephone consultation.  FormalWill provides no warranties, guarantees, or any other representations with respect to the Lawyer’s services or advice to you.  The Lawyer is solely responsible for any advice or services provided by the Lawyer to you.

  1. Exclusions; Conflicts. The following items and matters are specifically excluded from use of the Lawyer Network by you:

(i) Any action that directly or indirectly involves FormalWill Inc. or any of its affiliates, directors, agents, or employees;

(ii) Any adversarial action by a customer that directly or indirectly involves any other customer;

(iii) Any matter involving the laws of jurisdictions outside of the province the Lawyer is providing services in;

(iv) Any matter that, in the Lawyer’s opinion, is frivolous in nature or objective; or

(v) Any matter or requested service that is determined by the Lawyer to lack sufficient merit or is beyond the scope of the Legal Review Option purchased.

  1. Not Insurance.This Legal Review Option is not a contract of insurance or indemnification insurance. FormalWill is not an insurance company and does not guarantee legal representation.
  2. Dispute Resolution.By purchasing this Legal Review Option, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the Province of Ontario, excluding its choice of law rules. Any legal action or proceeding relating to your access to or use of the Legal Review Option shall be instituted in a provincial or federal court in Ontario, and in the City of Toronto. You and FormalWill agree exclusively and irrevocably to submit to the jurisdiction of, and agree that venue is proper in, these courts in the City of Toronto, Province of Ontario, in any such legal action or proceeding. This Agreement expressly excludes and disclaims the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Legal Review Option.

A customer has the right to file a complaint with his or her provincial bar association concerning the conduct of a Lawyer providing legal advice.

  1. Professional, Independent Lawyer Judgment.Lawyers performing legal services for you under the terms of this Agreement are not agents or employees of FormalWill. Any Lawyer rendering legal services to you shall maintain the Lawyer-client relationship with you, and is solely responsible to you for all legal services provided. Lawyers reserve the right to make independent professional judgments regarding all legal advice, opinions, and services relating to the legal services your are receiving. FormalWill will in no way influence or attempt to affect the rendering of professional services of the participating Lawyers.

 

  1. Liability, Indemnity. IN NO EVENT SHALL FORMALWILL, OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE LEGAL REVIEW OPTION, ANY LEGAL SERVICES BY A LAWYER, OR ANY USE OR INABILITY TO USE THIS SITE OR MATERIALS AVAILABLE FROM THIS SITE, EVEN IF FORMALWILL HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF.

Any liability of FormalWill is expressly limited at maximum to a refund of the amount paid to FormalWill for any products or services.

You agree to defend, indemnify and hold harmless FormalWill, our officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable lawyers’ fees and costs, arising out of or in any way connected with your access to or use of the Legal Review Option and the FormalWill website.