Terms of Sale

These Terms of Sale set out the terms under which Paid Content is sold by Us to business customers through this website, www.kkbservices.com and https://kandklegalconsulting.gumroad.com/ (“Our Site”). Please read these Terms of Sale carefully and ensure that You understand them before purchasing Paid Content from Us. You will be required to read and accept these Terms of Sale when making a purchase. If You do not agree to comply with and be bound by these Terms of Sale, You will not be able to purchase Paid Content through Our Site. These Terms of Sale, as well as any and all Contracts are in the English language only.

1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

2.1 Our Site, www.kkbservices.com, is owned and operated by K&K Legal Consulting Ltd a company registered in England under company number 13585719 whose registered office address is Ground Floor, The Custom House, The Strand, Barnstaple, Devon, England, EX31 1EU and correspondence address is Queensgate House, 48 Queens Street, Exeter, EX4 3SR.

2.2 We are regulated by the Institute of Paralegals.

3.1 Access to Our Site is free of charge.

3.2 It is Your responsibility to make any and all arrangements necessary in order to access Our Site.

3.3 Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to You in any way if Our Site (or any part of it) is unavailable at any time and for any period.

3.4 Use of Our Site is subject to Our Website Terms of Use, a copy of which can be found at https://kkbservices.com/terms-of-website-use/. Please ensure You have read them carefully and that You understand them.

4.1 These Terms of Sale apply to business customers only.  These Terms of Sale do not apply to individual consumers purchasing Paid Content for personal use (that is, not in connection with, or for use in, their trade, business, craft, or profession).  If You are a consumer please contact us via email at admin@kkbservices.com before making a purchase.

4.2 These Terms of Sale constitute the entire agreement between Us and You with respect to Your purchase of Paid Content from Us.  You acknowledge that You have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out in these Terms of Sale and that You shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.

5.1 We may from time to time change Our prices.  Changes in price will not affect any purchases You have already made and will apply to any subsequent purchases.

5.2 Minor changes may, from time to time, be made to certain Paid Content, for example, to reflect changes in relevant laws and regulatory requirements, or to address technical or security issues.  These changes will not alter the main characteristics of the Paid Content and should not normally affect Your use of that Paid Content.  However, if any change is made that would affect Your use of the Paid Content, suitable information will be provided to You.

5.3 In some cases, as described in the relevant content descriptions, We may also make more significant changes to the Paid Content.  If We do so, We will detail those changes prior to Your purchase.

5.4 Where any updates are made to Paid Content, that Paid Content will continue to match Our description of it as provided to You.

5.5 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online.

5.6 We are VAT registered as of 1st November 2023. The prices displayed on our website from 1st November 2023 will be inclusive of VAT.

6.1 Our Site will guide You through the process of purchasing.  Before completing Your purchase, You will be given the opportunity to review Your order and amend it.  Please ensure that You have checked Your order carefully before submitting it.

6.2 If, during the order process, You provide Us with incorrect or incomplete information, please contact Us as soon as possible.  If We are unable to process Your order due to incorrect or incomplete information, We will contact You to ask to correct it.  If You do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel Your order and treat the Contract as being at an end.  We will not be responsible for any delay in the availability of Paid Content that results from You providing incorrect or incomplete information.

6.3 No part of Our Site constitutes a contractual offer capable of acceptance.  Your order to purchase constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending You a Purchase Confirmation by email.  Only once We have sent You a Purchase Confirmation will there be a legally binding Contract between Us and You.

6.4 Purchase Confirmations shall contain the following information:

6.4.1 The item purchased;

6.4.2 What You may use the Paid Content for;

6.4.3 Details of the main characteristics of the Paid Content available as part of it; and

6.4.4 The cost of Your purchase including, where appropriate, taxes, and other additional charges.

6.5 In the unlikely event that We do not accept or cannot fulfil Your order for any reason, We will explain why in writing.  No payment will be taken under normal circumstances.  If We have taken payment any such sums will be refunded to You.

6.6 Any refunds due under this Clause 6 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.

6.7 Refunds under this Clause 6 will be made using the same payment method that You used when making Your purchase.

7.1 Payment must always be made in advance.  Your chosen payment method will be charged when We process Your order and send You a Purchase Confirmation.

7.2 Payments due must be made in full, without any set-off, counterclaim, deduction, or withholding (except where any deduction or withholding of tax is required by law).

7.3 We accept the following methods of payment on Our Site:

7.3.1 Stripe

7.4 If You believe that We have charged You an incorrect amount, please contact Us at admin@kkbservices.com as soon as reasonably possible to let Us know.

8.1 The Paid Content, with the exception of Power Hours, Contract Reviews, Virtual Consultations and Website Compliance  will be available to You immediately when We send You a Purchase Confirmation.

8.2 In some limited circumstances, We may need to suspend the provision of Paid Content (in full or in part) for one or more of the following reasons:

8.2.1 To fix technical problems or to make necessary minor technical changes, as described above in sub-Clause 5.2;

8.2.2 To update the Paid Content to comply with relevant changes in the law or other regulatory requirements, as described above in sub-Clause 5.2; or

8.2.3 To make more significant changes to the Paid Content, as described above in sub-Clause 5.3.

Contract Reviews 

8.3 Where You purchase Paid Content that is a Legal Document Review You must email Us a copy of the document You would like Us to review, using the contact details provided at Clause 14. Upon receipt of the document, We will endeavour to provide You with Our advice within 2 to 3 working days.

8.4 The Legal Document Review service does not include reviewing commercial leases or shareholders’ agreements.

Power Hours & Virtual Consultations

8.5 Where You purchase Paid Content that is a Power Hour or a Virtual Consultation You must email Us, using the contact details provided at Clause 14, Your availability over the coming week (7 days). Upon receipt We will revert to You to arrange a suitable date and time for the Power Hour or Virtual Consultation to take place. 

Website Compliance

8.6 Where You purchase Paid Content that is a Website Compliance check You must email Us, using the contact details provided at Clause 14, Your website URL so that we can perform an audit of Your website.

Amendments 

8.7 Where You purchase Amendments from Our Site the following will apply:

8.7.1 In requesting Us to amend Your legal document You confirm that You have the requisites permissions needed for Us to amend the same; 

8.7.2 Amendments must only be purchased via Our Site after consultation with Us or if directed by Us. After a Legal Document Review, if You require Amendments We will provide You with Our time estimate to undertake the same. Thereafter, You may purchase the relevant Amendments time from Our Site. Where We have provided you with a time estimate of between two amounts e.g. 30 minutes to 60 minutes You will be required to purchase the lower amount, We will then invoice You for any remaining amount when the amended documents are provided to You. 

8.7.3 The Amendments time needed includes any time spent reviewing, drafting, or discussing Amendments. Should the Amendments or revisions substantially alter the original scope of work, We reserve the right to charge additional fees, which will be communicated to You prior to proceeding with any work. 

8.7.4 Unless otherwise agreed in writing, Our turnaround time to amend legal documents is 7 days. 

8.8.5 We are only able to undertake Amendments to legal documents provided to Us in Word format. It will be Your responsibility for any formatting of any documents after Amendments are carried out.

Drafting

8.8 Where You purchase Drafting from Our Site, the following will apply:

8.8.1 Drafting must only be purchased via Our Site after consultation with Us or if directed by Us. After an initial review of the matter, if You require Drafting, We will provide You with Our time estimate to undertake the same. Thereafter, You may purchase the relevant Drafting time from Our Site. Where We have provided You with a time estimate of between two amounts (e.g. 30 minutes to 60 minutes), You will be required to purchase the lower amount. We will then invoice You for any remaining amount when the Drafting is completed.

8.8.2 The Drafting time needed includes any time spent reviewing relevant background information, preparing the legal letter, document, or email, and ensuring it aligns with the purpose for which it is intended. Should the Drafting work substantially alter the original scope of work, We reserve the right to charge additional fees, which will be communicated to You prior to proceeding with any work.

8.8.3 Unless otherwise agreed in writing, Our turnaround time for Drafting is 7 days.

8.8.4 Drafting will be provided in Microsoft Word or Google Docs format only. If You require Us to send the document on Your behalf, We can arrange to send it by email or post, as appropriate.

8.8.5 Our fee for Drafting includes only the preparation of the legal letter, document, or email. It does not include follow-up advice, responding to any replies received, or any additional work beyond the initial Drafting. Any further work required will be chargeable at Our standard rates.

9.1 When You purchase Paid Content, We will grant You a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the relevant Paid Content for commercial purposes.  The licence granted to You does not give You any rights in Our Paid Content (including any material that We may licence from third parties).

9.2 The licence granted to You under sub-Clause 9.1 is subject to the following usage restrictions and/or permissions:

9.2.1 You may not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Paid Content (or any part of it) or make it available to the public except as permitted under the Copyright Designs and Patents Act 1988 (Chapter 3 ‘Acts Permitted in relation to Copyright Works’). Furthermore, you shall not upload, input, share, or otherwise submit any templates or documents, legal or otherwise, that form part of the Paid Content, or any advice provided by the Company (whether in writing, electronically, verbally recorded, or in any other format), into any artificial intelligence (AI) system, machine-learning model, or similar technology for any purpose, including but not limited to obtaining answers to questions, training, testing, or content generation, without the Company’s prior written consent. Any such unauthorised use shall be deemed a breach of Our Intellectual Property Rights, and We reserve the right to take all necessary steps (including legal action) to protect Our rights and seek appropriate remedies.

10.1 We cannot offer any refunds should You choose to cancel Your order.

10.2 If You have purchased a Power Hour You may reschedule Your Power Hour date and time provided which You have given us not less than 48 hours notice. Rescheduled appointment times are subject to availability. Where less than 48 hours notice is given Your Power Hour will be treated as cancelled and You will not be entitled to a refund of the payment made.

10.3 If You purchase a Power Hour and You do not attend the Power Hour or You are more than 15 minutes late for the Power Hour it will be treated as cancelled. In these circumstances You will not be entitled to a refund of any payment made. 

11.1 If availability of the Paid Content will be significantly delayed because of events outside of Our control, You may end the Contract immediately.  See sub-Clause 13.2.6 for more information.  If You end the Contract for this reason, We will issue You with a refund.

11.2 You also have a legal right to end the Contract at any time if We are in breach of it.  You may also be entitled to a full or partial refund and compensation.

11.3 If You wish to exercise Your right to cancel under this Clause 11, You may inform Us of such via email to admin@kkbservices.com. You should provide us with Your name, address and email address.

11.4 We may ask You why You have chosen to cancel and may use any answers You provide to improve Our content and services, however please note that You are under no obligation to provide any details if You do not wish to.

11.5 Refunds under this Clause 11 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which You inform Us that You wish to cancel. Refunds under this Clause 11 will be made using the same payment method that You used when making Your purchase.

12.1 Subject to sub-Clause 12.3, We will not be liable to You, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between You and Us.

12.2 Subject to sub-Clause 12.3, Our total liability to You for all other losses arising out of or in connection with any contract between You and Us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to 100% of the total sums paid by You under the contract in question.

12.3 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); for fraud or fraudulent misrepresentation; or for any other matter in respect of which liability cannot be excluded or restricted by law.

13.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

13.2 If any event described under this Clause 13 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:

13.2.1 We will inform You as soon as is reasonably possible;

13.2.2 We will take all reasonable steps to minimise the delay;

13.2.3 To the extent that We cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;

13.2.4 We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability of Paid Content as necessary;

13.2.5 If the event outside of Our control continues for more than 30 days We will cancel the Contract and inform You of the cancellation.  Any refunds due to You as a result of that cancellation will be paid to You as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled and will be made using the same payment method that You used when making Your purchase; or

13.2.6 If an event outside of Our control occurs and You wish to cancel the Contract as a result, You may do so by contacting us via email at admin@kkbservices.com. You should provide us with Your name, address and email address.

If You wish to contact Us with general questions, complaints or feedback You may contact us by email at admin@kkbservices.com or by post using our correspondence address detailed at sub-Clause 2.1.

15.1 All personal data that We may use will be collected, processed, and held in accordance with the provisions of the Data Protection Legislation and Your rights thereunder.

15.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy at https://kkbservices.com/privacy/ and Cookies Policy at https://kkbservices.com/cookie-policy/

16.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business).  If this occurs, You will be informed by Us in writing.  Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.

16.2 You may not transfer (assign) Your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.

16.3 The Contract is between You and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.

16.4 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale.  The remainder of these Terms of Sale shall be valid and enforceable.

16.5 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.

16.6 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements.

17.1 These Terms of Sale, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

17.2 Any disputes concerning these Terms of Sale, the relationship between You and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.