Terms of Membership

Terms and conditions of Membership

1. This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the services listed on our website www.366legal.com (our site) to you. Please read these terms and conditions carefully before subscribing to Services from our site. You should understand that by subscribing to our Services, you agree to be bound by these terms and conditions.
2. You should print a copy of these terms and conditions for future reference.
3. By ordering a subscription from this website you are agreeing to the terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Services from our site.
4. 366legal.com is registered at 15 Queen Square, Leeds LS2 8AJ

5.      1. Interpretation

6. 1 The definitions and rules of interpretation in this clause apply in these terms and conditions.
7. Customer: the person, firm or company who purchases Services from the Supplier.
8. Data: data and information, whether verbal or written, and in whatever form, and provided by Supplier to Customer as part of the Services, including, without limitation, data forming part of Deliverables.
9. Deliverables: any products and materials developed by the Supplier in relation to the Services in any media, including, without limitation, data, diagrams, reports and specifications (including drafts).
10. Intellectual Property Rights: patents, rights to inventions, copyright and related rights, trade marks, trade names, domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered, and including all applications for, and renewals or extensions of, such rights, and all similar or equivalent rights or forms of protection in any part of the world.
11. Services: the services to be provided by the Supplier under the Subscription.
12. Subscription: The Customer’s subscription to Services and the Supplier’s acceptance of it pursuant to condition 3.
13. Supplier: 366 Legal.
14. 2 Headings do not affect the interpretation of these conditions.

15.  2. Conditions

16. These conditions shall:
17. 1 apply to and be incorporated in the Subscription described in condition 3; and
18. 2 prevail over any inconsistent terms or conditions contained in, or referred to in, the Customer’s purchase order, confirmation of order, or specification, or implied by law, trade custom, practice or course of dealing.
19. Members Obligations:
    1. Members must correctly disclose their legal identity to 366 Legal when becoming a member. Limited Companies must provide their company registration number and any other entities must on request, provide the name of the owner/sole trader.
    2. Any changes in ownership or company name or registration details must be provided immediately so 366 Legal have current details at all times.
    3. Membership is non-transferable. Should you require an additional membership for a separate entity please either purchase another membership or contact the sales department.

Chargeback Service

4. Chargeback defense is defined as any work which requires 366 Legal to draft letters and provide advice where required.
5. No win No fee cases are subject to our approval. in the unlikely event we believe you will be unsuccessful 366 legal will not undertake your case from the onset. Fee’s are payable at a rate of 20% on the amount won, subject to a minimum charge of £150.00. All Fee’s must be paid within 5 days of Invoice being sent.
6. Lite Members are entitled to one chargeback defence per membership year. Any cases over this limit will require a member to upgrade to at least a bronze membership and pay the appropriate rate. If the Member does not wish to pay the upgrade fee, they will remain a Bronze Member and for work to continue on existing chargeback defences but no further chargeback cases will be opened in that Membership year.
7. Bronze Members are entitled to a total of 3 of Chargeback defences per membership year. Any cases over this limit will require the Member to upgrade to a silver Membership and pay the appropriate rate. If the Member does not wish to pay the upgrade fee, they will remain a Bronze Member and for work to continue on existing chargeback defences but no further chargeback cases will be opened in that Membership year.
8. Silver Members are entitled to 6 Chargeback defences. per membership year. Any cases over this limit will require the Member to upgrade to a Gold Membership and pay the appropriate rate. If the Member does not wish to pay the upgrade fee, they will remain a Silver Member and for work to continue on existing chargeback defences but no further chargeback defences will be opened in that Membership year.
9. Gold Members are entitled to 15 Chargeback defences per membership year. Any cases over this limit will require the Member to upgrade to a Platinum Membership and pay the appropriate rate. If the Member does not wish to pay the upgrade fee, they will remain a Gold Member and for work to continue on existing chargeback defences but no further chargeback defences will be opened in that Membership year.
10. Platinum Members are entitled to 50 Chargeback defences per membership year.
11. If a debt collection case requires work beyond the end of a membership year, no further work will be undertaken if the Member does not renew their membership and all parties are notified accordingly.
12. 366 Legal reserves the right to outsource any of its chargeback defences should it feel appropriate to do so.
13. No debt collection letters are provided direct by 366 Legal to and end user these are actioned by one of several Law firms with have teamed up with.
14. Whilst every effort will be made to respond to Chargeback defence requirements promptly, time is not of the essence in respect of the service and it will be at 366 Legal’ discretion only, what priority is given to dealing with such responses. There are occasions when, due to legal time limits or emergency situations Chargeback defences or debt collection cases may not be handled in the order it is received. However, we will endeavour to respond to all standard enquiries within 3 working days.
15. Unreasonable demands from Members will not be accepted. Examples of this may include demanding work to be completed in unreasonably short time scales, rude or aggressive conduct to staff and failing to send requested documents or not providing requested information when required to do so. In these circumstances 366 Legal reserve the right to cease work on any case.
16. 366 Legal reserve the right to refuse to accept a Chargeback defence when the supply of necessary documents and/or information is unreasonably delayed by the Member or is not provided in an appropriate, legible format.
17. Members are expected to respond to requests for information/documentation in a reasonable time frame. 366 Legal accept no responsibility for the Member’s failure to respond to such requests.
18. 366 Legal reserve the right to refuse to act for any Member when a conflict of interest arises with 366 Legal or another Member of 366 Legal.
19. If a Member fails to follow advice, then any subsequent work required as a result of the failure may be charged at the rate of £99.00 per hour.
20. If 366 Legal considers a case to have no merit or is outside of their remit, they have the absolute right to not assist. If the Member persists with the matter, they will need to pay the non-discounted rate of £150 pper hour for 366 Legal to work on the matter. There will be no refund or discount if the Member chooses to seek alternative help and advice on any one matter.
21. 366 Legal will cease acting if they become professionally embarrassed. No refund will fall due. 366 Legal will accept no liability for loss arising from a failure to follow advice given and in any case, outcomes cannot be guaranteed.
22. You are authorizing 366 Legal to act on your behalf without requesting any further authority once a membership package has been purchased.

20. Legal Proceedings
    1. 366 Legal does not work on these matters, as your case will be assigned to one of our partners and taken up by them directly. 366 Legal does not provide legal advice or act on any members behalf.
21. Cancellation of Membership
    1. If you do not cancel, your membership will automatically renew and the current yearly fee will become payable. If you do not wish to renew, you must advise of this in writing to Accounts at members@366 Legal.com no later than 10 calendar days before the Membership Anniversary. If no written cancellation request is received prior to the 10 day deadline without good reason, membership will automatically renew and you will be charged accordingly, unless otherwise agreed by 366 Legal.
    2. If you cancel your membership part way through a membership year, the entire yearly membership fee will remain due and payable. Any outstanding amount for the membership year will fall due immediately.
    3. Cancellation of your monthly payment instruction does not act as a cancellation of services which can only be cancelled in writing as above. Should you cancel a payment without following the required cancellation procedure, you will remain liable for the outstanding balance of that year’s membership fee.
22. Unpaid Fees
    1. 366 Legal reserve the right to take all necessary steps to recover unpaid and outstanding membership fees. An administration fee will be added to any amount owed and interest will also be added at the rate of 8% from the date the sums became owed. If sums are not paid on demand, 366 Legal reserve the right to take further action including, but not limited to, issuing a County Court claim or statutory demand for sums owed.
    2. Any Member who defaults will no longer have the option to pay by instalments and will therefore need to pay the yearly amount in full at the start of any membership period.
23. General
    1. 366 Legal may record phone calls and will monitor them from time to time for training and other purposes.
    2. Our team have the right to work in an environment free from violent, threatening or abusive behaviour. At no time will any violent, threatening or abusive behaviour be tolerated. 366 Legal may refuse to assist a Member considered to be acting in such a manner and may cancel their membership and immediately demand all outstanding fees for that membership year.
    3. Unless agreed by separate licence contracts, 366 Legal owns the copyright in 366 Legal documents produced by 366 Legal. 366 Legal may exercise all or any legal remedies including injunctions to restrain unauthorised use of its intellectual property within but not limited to 366 Legal documentation.
    4. From time to time 366 Legal will, in the best interests of clients, and as a result of changes in the law, amend the content of 366 Legal documents. 366 Legal accept no liability for loss incurred arising from use of such out of date material.
24. Orders
25. 1 After placing an order for a Subscription, you will receive an e-mail from us acknowledging that we have received your order.

3.2 The right to use the Services is personal to you, and you may not permit any other person to gain access to the Services other than your registered users.

26. Supplier’s obligations
27. 1 The Supplier shall use reasonable endeavours to perform the Services with reasonable skill and care.
28. 2 The Supplier shall use reasonable endeavours to meet the performance dates, if any, specified by Customer, but any such dates shall be estimates only and time shall not be of the essence of the contract.
29. 3 Without prejudice to condition 9.2, certain Data may based on factual material gathered by Supplier in good faith from third party sources which has not been independently verified. While this Data has been prepared in good faith, no representation or warranty, express or implied, is or will be made and no responsibility or liability is or will be accepted by the Supplier or any of Supplier’s officers, employees or agents in relation to the accuracy or completeness of this Data and any such liability is expressly disclaimed.
30. 4 Services are supplied to Customers on the express understanding that they are to be used for the purposes communicated in writing to Supplier. The Supplier gives no undertaking to provide Customers with access to any additional information or to update Deliverables or Data, provide any additional information, or to correct any inaccuracies which may become apparent.
31. Customer’s obligations
32. The Customer shall:
33. Fees
    1. Fees for the membership packages will be reviewed annually and may vary. The yearly fee becomes due on the start date of the membership and must be paid in full unless a monthly payment schedule is taken out. Regardless of method of payment, the yearly fee is payable once membership starts and there is no pro-rata refund.
    2. Membership is for 12 months and becomes due for renewal on the yearly anniversary of the membership start date unless the Member has given prior written notice of cancellation at least 14 calendar days in advance of renewal date. On automatic renewal you will become liable for the membership fee for the new 12-month period.
    3. Your membership may be terminated by 366 Legal if the terms and conditions of the service are breached. No refund of membership will be due and any balance due for the outstanding membership period shall remain due and payable.
    4. Unlike a traditional insurance policy, we will deal with pre-existing Chargeback issues but the monthly payment option will not be available for those Members who join with existing issues.
    5. Prices quoted are not subject to VAT

34. 1.1 nominate individuals within its organisation who are entitled to use the Services, and Customer will use all reasonable efforts to ensure that users comply with these terms and conditions.
35. 1.2 co-operate with the Supplier in all matters relating to the Services;
36. 1.3 ensure that passwords used by registered users for access to the site shall be kept strictly confidential and shall not be transferable; and
37. 1.4 notify Supplier if it becomes aware of or suspects any unlawful or authorised use of any password and indemnify and keep indemnified the Customer against any costs, claims losses or damages arising out of any unauthorised use of any password.
38. 2 The Customer shall not, without the prior written consent of the Supplier, at any time for the duration of the Subscription to the expiry of twelve months after the completion of the Services, solicit or entice away from the Supplier or employ or attempt to employ any person who is, or has been, engaged as an employee or sub-contractor of the Supplier.
39. 3 Any consent given by the Supplier in accordance with condition 5.2 shall be subject to the Customer paying to the Supplier a sum equivalent to 50% of the then current annual remuneration of the Supplier’s employee or sub-contractor or, if higher, 50% of the annual remuneration to be paid by the Customer to such employee or sub-contractor.
40. Charges and Payment
41. 1 Without prejudice to any other right or remedy that the Supplier may have, if the Customer fails to pay the Supplier its charge for the Services on the due date the Supplier may:
42. 1.1 charge interest on such sum from the due date for payment at a rate of 1.75% per month, accruing on a daily basis and being compounded quarterly until payment is made, whether before or after any judgment. The Supplier may claim interest under the Late Payment of Commercial Debts (Interest) Act 1998; and
43. 1.2 suspend all Services until payment has been made in full.
44. 2 All payments payable to the Supplier under the Subscription shall become due immediately on termination of the Subscription, despite any other provision. This condition is without prejudice to any right to claim for interest under the law, or any such right under the Subscription.
45. 3 The Supplier may, without prejudice to any other rights it may have, set off any liability of the Customer to the Supplier against any liability of the Supplier to the Customer.
46. Intellectual Property Rights
47. 1 All Intellectual Property Rights and all other rights arising from performance of the Services and in the Data and Deliverables shall be owned by the Supplier. The Supplier hereby licenses all such rights to the Customer free of charge and on a non-exclusive, worldwide basis to such extent as is necessary to enable the Customer to make reasonable use of the Data, Deliverables and the Services as is envisaged by the parties. If the Supplier terminates the Subscription under condition 10, this licence will automatically terminate.
48. 2 The Customer may not copy, reproduce, duplicate, modify, adapt, distribute, license, lend, sell or otherwise transfer any of the Data or Deliverables except for producing print outs for its own personal use. The Customer will use all reasonable endeavours to credit the Supplier as the source of the Data and Deliverables.
49. Confidentiality and Supplier’s property
50. 1 The Customer shall keep in strict confidence all Data and Deliverables and all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the Customer by the Supplier or its agents, and any other confidential information concerning the Supplier’s business or its products which the Customer may obtain. The Customer shall restrict disclosure of such confidential material to such of its employees, agents or sub-contractors as need to know it for the purpose of discharging the Customer’s obligations to the Supplier, and shall ensure that such employees, agents or sub-contractors are subject to obligations of confidentiality corresponding to those which bind the Customer.
51. 2 All materials, equipment and tools, drawings, specifications and data supplied by the Supplier to the Customer shall at all times be and remain the exclusive property of the Supplier, but shall be held by the Customer in safe custody at its own risk and maintained and kept in good condition by the Customer until returned to the Supplier, and shall not be disposed of or used other than in accordance with the Supplier’s written instructions or authorisation.
52. 3 This condition 8 shall survive termination of the Subscription, however arising.
53. Limitation of liability
54. 1 The following provisions set out the entire financial liability of the Supplier (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Customer in respect of:
55. 1.1 any breach of the contract between Customer and Supplier for the Services;
56. 1.2 any use made by the Customer of the Services, the Deliverables or any part of them; and
57. 1.3 any representation, statement or tortious act or omission (including without limitation negligence) arising under or in connection with the Subscription.
58. 2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Subscription.
59. 3 Nothing in these conditions excludes the liability of the Supplier:
60. 3.1 for death or personal injury caused by the Supplier’s negligence; or
61. 3.2 for fraud or fraudulent misrepresentation.
62. 4 Subject to condition 9.2 and condition 9.3:
63. 4.1 the Supplier shall not be liable, whether in tort (including without limitation for negligence or breach of statutory duty), contract, misrepresentation or otherwise for:
64. 4.2 loss of profits; or
65. 4.3 loss of business; or
66. 4.4 depletion of goodwill or similar losses; or
67. 4.5 loss of anticipated savings; or
68. 4.6 loss of goods; or
69. 4.7 loss of contract; or
70. 4.8 loss of use; or
71. 4.9 loss or corruption of data or information; or
72. 4.10 any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
73. 4.11 the Supplier’s total liability in contract, tort (including without limitation for negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Subscription shall be limited to the price paid for the Services.
74. 5 The Supplier shall not be liable for any failure or incompatibility of any kind of any equipment or internet connection or disruption of any communication facility including internal or external network services.
75. Our right to vary these terms and conditions; termination
76. 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.
77. 2 You will be subject to our terms and conditions of supply in force at the time that you order a Subscription from us, unless any change to 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 these terms and conditions before we send you the confirmation of subscription (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 Products).
78. 3 We reserve the right to terminate the Subscription at any time upon 30 days notice to Customer or forthwith upon the occurrence of a material breach of these terms and conditions by the Customer.
79. 4 Termination of the Subscription, however arising, shall not affect or prejudice the accrued rights of the parties as at termination or the continuation of any provision expressly stated to survive, or implicitly surviving, termination.
80. Force majeure
81. 1 The Supplier shall have no liability to the Customer if it is prevented from, or delayed in, performing its obligations or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of the Supplier or any other party), failure of a utility service or transport network, death, personal injury or illness of Supplier’s employees or contractors performing the Services, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.
82. Waiver
83. 1 A waiver of any right arising under the Subscription is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and the circumstances for which it is given.
84. 2 Unless specifically provided otherwise, rights arising under the Subscription are cumulative and do not exclude rights provided by law.
85. Severance
86. 1 If any provision of these terms and conditions or the Subscription is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
87. 2 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
88. Status of pre-contractual statements
89. 1 Each of the parties acknowledges and agrees that in entering into the Subscription it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this agreement or not) relating to the subject matter of this agreement other than as expressly set out in the Subscription.
90. Assignment
91. 1 The Customer shall not, without the prior written consent of the Supplier, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations arising in connection with the Subscription.
92. 2 The Supplier may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations arising in connection with the Subscription.
93. No partnership or agency
94. 1 Nothing in the contract between Customer and Supplier is intended to or shall operate to create a partnership between the parties, or to authorize either party to act as agent for the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including but not limited to the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
95. Third party rights
96. 1 The contract between Customer and Supplier evidenced by the Subscription 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, anyone else.
97. Entire agreement
98. 1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Services and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
99. Notices
100. 1 Any notice shall be in writing and shall be delivered by hand or sent by pre-paid first-class post or recorded delivery post to the other party at its address as set out in the Subscription, or such other address as may have been notified by that party for such purposes, or sent by email to the other party’s email address as set out in the Subscription. A notice delivered by hand shall be deemed to have been received when delivered (or if delivery is not during business hours, at 9.00 am on the first business day following delivery). A correctly addressed notice sent by pre-paid first-class post or recorded delivery post shall be deemed to have been received at the time at which it would have been delivered in the normal course of post. A notice sent by fax shall be deemed to have been received at the time of transmission (as shown by the timed printout obtained by the sender).
101. Governing law and jurisdiction
102. 1 The Subscription and these terms and conditions and any disputes or claims arising out of or in connection with its subject matter are governed by and construed in accordance with the law of England.
103. 2 The parties irrevocably agree that the courts of England have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Subscription or these terms and conditions.