Terms of Service for Companies

Kwil Legal Services Ltd ("Kwil Legal Services," "we," "us," "our," etc.) operates an online payment plan processing tool known as Payment Plan ("PP"). These Terms of Service ("Terms" or "Agreement") govern your access to and use of Payment Plan, any related websites, and all content and services thereon (collectively, the "Service(s)"). These Terms constitute a binding agreement between Kwil Legal Services and you ("you," "your," and "User," etc.) individually. Before using the Services, you must read and accept all of the Terms. By accepting this Agreement as you access our Services, you agree that the Terms will apply whenever you use the Services. If you do not accept and agree to these Terms, you are not permitted to use the Services.
Kwil Legal Services reserves the right, in its sole and absolute discretion, to amend, supplement, or otherwise modify these Terms from time to time. Modified Terms will take effect immediately upon posting to the website. Your continued use of the Services after modified Terms have been so posted shall constitute your acceptance of such modified Terms.
1. Overview
The Service is a tool to enable automated, scheduled payment processing from your customers' ("Customer(s)") bank accounts to your Bank Account via Stripe (as defined herein). Based on your instructions and account information provided to us, the Service gathers, stores, processes, your information, including information about accounts you hold at various third-party financial institutions ("Bank Account(s)"). Once you submit your information to Kwil Legal Services, you authorize and appoint Kwil Legal Services to integrate the information with its proprietary tool to provide Services ("Payment Plan(s)") to you and your Customers. You must register for an account ("Account") by creating a username and password in order to utilize the Services.
2. Authorization for Transactions
In order for Kwil Legal Services to provide you with the Services, you must authorize Kwil Legal Services to take certain actions on your behalf. By using the Services and providing Personal Information (as defined in Kwil Legal Services’s Privacy Policy) to us, you automatically authorize us to use the information and Kwil Legal Services will be authorized to act as your agent solely for the purpose of providing the Services outlined in these Terms. Your appointment of Kwil Legal Services as your agent will end if this Agreement is terminated. By using the Services, you are authorizing us to process individual and recurring credits and debits that are initiated by your Customer or you, as applicable. You agree that you will not dispute any transaction so long as such transaction corresponds to the terms of your authorization.
3. Appointment as Agent
In order for Kwil Legal Services to provide you with the Services, you must authorize Kwil Legal Services to take certain actions on your behalf. These Terms include your authorization for such actions. By using the Services and providing Personal Information (as defined in our Privacy Policy) to us, you automatically authorize us to use the information about you and other third-party websites and databases as necessary to provide the Services to you. Kwil Legal Services will be authorized to act as your agent solely for the purpose of providing the Services outlined in these Terms. Your appointment of Kwil Legal Services as your agent will end if this Agreement is terminated.
4. Eligibility; Availability
You must not use the Services if you are not able to form legally binding contracts or are suspended from using the Services. You must have a valid email address and have an active Stripe ("Stripe") account to use the Service. Your Account, Including any rights or obligations you have under this Agreement, is yours alone, and cannot be transferred or assigned to any third party without our prior written consent.
You represent and warrant that all Personal Information you provide us from time to time is truthful, accurate, current, and complete, and you agree not to misrepresent identity or Personal Information. You agree to promptly notify us of changes to your Personal Information by updating your Account through the Services; provided, by emailing support@Paymentplan or by updating your Account through the Services.
5. Links to Other Websites
The Services may contain links to other websites. Kwil Legal Services is not responsible for the content, accuracy, or opinions on such websites, and such websites are not investigated, monitored, or checked for accuracy or completeness by us. No such website is approved or endorsed by Kwil Legal Services Group. If you or your Customer access these websites, you do so at your own risk and should review such third-parties’ policies for your better understanding.
6. Restricted Activities
We grant you no rights to our intellectual property or the intellectual property of our affiliates, except as expressly stated herein. We retain all right, title, and interest in and to the Services, and any associated patents, trademarks, copyrights, trade secrets, or other intellectual property rights. While using the Services, you must not:

  1. violate any local, or national laws or regulations, or any policies that are posted on the Service;
  2. infringe any third party’s intellectual property rights, privacy rights, publicity rights, or other rights;
  3. take any action that may undermine the Kwil Legal Services feedback or reputation systems, if any (such as displaying, importing, or exporting feedback information or using it for purposes unrelated to the Service);
  4. circumvent or manipulate our fee structure, the billing process, or fees owed to Kwil Legal Services;
  5. transfer, sell, rent, or otherwise offer third-party access to your Account or the Services;
  6. access or use another User’s account without their express consent;
  7. distribute viruses, harmful code, phishing scams, or any other content or technologies, or otherwise take any other actions that do or are intended to harm Kwil Legal Services, the Services, any Users or third parties, or their interests or property (Including their intellectual property rights, privacy rights, and publicity rights);
  8. other than through Kwil Legal Services Group’s approved API, your access to which may be modified or removed at any time in Kwil Legal Services’s sole discretion, “frame,” “mirror,” or otherwise Incorporate any part of the Service into any other website, app, or system;
  9. harvest or otherwise collect information of any type about Users whether for your own use of that of any third party, without the Users’ and Kwil Legal Services Group’s consent;
  10. modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Services;
  11. copy, modify, or distribute content from the Services or otherwise infringe Kwil Legal Services’s or any other Users’ intellectual property rights;
  12. use any robot, spider, scraper, or other automated means to access the Services;
  13. take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
  14. interfere with, damage, manipulate, disrupt, disable, modify, overburden, or impair any device, software system, or network connected to or used (by you or us) in relation to the Services or your Account; or
  15. interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services.

7. Fees
PaymentPlan offers our clients a bespoke service and prices differ based on what services best suit them.
8. Right to Refuse Service
We may close, suspend, or limit your access to your Account or cancel or suspend any transaction without reason or for any reason at all including without limitation:

  1. if you do not respond within a commercially reasonable amount of time to notifications to you of customer service issues, whether from us or from Customers;
  2. if we determine that you have breached or are threatening to breach this Agreement;
  3. if we determine that you have infringed any third party’s legal rights, Including without limitation intellectual property rights;
  4. if we determine that you have engaged or are threatening to engage in fraudulent or illegal activities;
  5. you do not respond to or complete Account verification requests; or
  6. for other reasons we may select in our sole discretion.

Without limiting our other remedies, to the extent you have breached this Agreement, you must pay us all fees owed to us and reimburse us for all losses, costs, and reasonable expenses (Including legal fees) related to investigating such breach and collecting such fees.
9. Disputes
If a dispute arises between you and Kwil Legal Services, our goal is to address your concerns promptly and to provide you with a means of resolving the dispute quickly. We strongly encourage you to contact us directly to seek a resolution by emailing us at support@Paymentplan. This Agreement will be governed in all respects by the laws of England & Wales. Should Kwil Legal Services Group prevail in any dispute against you, Kwil Legal Services shall be entitled to reimbursement of its fees and costs from the other party Including without limitation reasonable lawyers’ fees and costs. EACH PARTY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY ACTION ARISING HEREUNDER.
Alternatively, for any claim, Kwil Legal Services, in its sole discretion, may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If Kwil Legal Services elects arbitration, such arbitration will be initiated through an established alternative dispute resolution ("ADR") provider, which is to be mutually selected from a panel of ADR providers that Kwil Legal Services will provide to you. The ADR provider and the parties must comply with the following rules: (i) the arbitration shall be conducted by telephone, online, or be solely based on written submissions; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. All claims you bring against Kwil Legal Services must be resolved in accordance with these Terms. All claims filed or brought contrary to this Agreement shall be considered improperly filed and a breach of these Terms. You shall not pursue any claims arising under this Agreement on a class action or other representative basis, and will not seek to coordinate or consolidate any arbitration or action hereunder with any other proceeding.
If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, Kwil Legal Services will be entitled to recover all reasonable costs or expenses (Including reasonable legal fees and expenses) Incurred in connection with the enforcement of this Agreement. Should Kwil Legal Services prevail in any other type of claim you file, Kwil Legal Services Group may recover its legal fees and costs accrued in responding thereto (Including without limitation in-house lawyer and paralegal fees).
Kwil Legal Services's failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
10. Survival and Release
This Agreement, Including any addenda hereto, supersedes any other agreement between you and Kwil Legal Services and contains the entire understanding of the parties relating to the subject matter hereof. Notwithstanding, Kwil Legal Services’s Privacy Policy shall supersede these Terms to the extent they differ.
If any part of this document is found to be unenforceable, that part will be limited to the minimum extent necessary so that this document will otherwise remain in full force and effect. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision. Any invalid or unenforceable provision shall be deemed severed from this Agreement to the extent of its invalidity or unenforceability, and this Agreement shall be construed and enforced as if the Agreement did not contain that particular provision to the extent of its invalidity or unenforceability.
Our failure to enforce any part of this document is not a waiver of any of our rights to later enforce that or any other part of this document. The waiver of any breach of any term, covenant, or condition herein contained, or our failure to seek redress for the violation of, or to insist upon the strict performance of any covenant or condition of this Agreement shall not be deemed to be a waiver of such term, covenant, or condition or any subsequent breach of the same.
We may assign to third parties any of our rights and obligations under this Agreement from time to time.
If there is a dispute between you and your Customer or any other third party, Kwil Legal Services is under no obligation to become involved. In the event that you have a dispute with any Customer, one or more Users, or other third parties, you release Kwil Legal Services, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the Services.
11. Closing Your Account
You may close your Account at any time. Account closure is subject to your paying any outstanding fees or amounts owing on the Account accrued prior to your closure. We may retain some of your personal information to satisfy regulatory requirements and our own external obligations. Closing your account does not necessarily delete or remove all of the information we hold.
12. No Warranty or Liability as to Services
Our Services and all content on it are provided on an ‘as is’, ‘with all faults’ and ‘as available’ basis and without warranties of any kind either express or implied. Furthermore, you solely assume the risk associated with defaulted Payment Plans. Without limiting any of the foregoing, and other than as may be expressly set forth herein to the contrary, we make no representation or warranty about:

  1. the Services;
  2. the accuracy, reliability, availability, timeliness, or content of the Services;
  3. whether the Services will be up-to-date, uninterrupted, secure, error-free, or non-misleading;
  4. whether defects in the Services will be corrected;
  5. whether any data, content, or material will be preserved or backed up or whether business continuity arrangements are in place with respect to the Services;
  6. the Services being free of errors or malicious code, being secure, being confidential, performing at any particular standard, or having any particular function.

To every extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, quality, suitability, and non-infringement.

13. Limitation of Liability
In no event shall we, our related entities, our affiliates, or staff be liable, whether in contract, warranty, tort (Including negligence), or any other form of liability, for any indirect, special, Incidental, or consequential damages that may be incurred by you; any loss of income, business, or profits (whether direct or indirect) that may be incurred by you; any claim, damage, or loss that may be incurred by you as a result of any of your transactions involving the Services; or any content or services provided by any third party.
The limitations on our liability to you above shall apply whether or not we, our related entities, our affiliates, or staff have been advised of the possibility of such losses or damages arising.
Notwithstanding the above provisions, nothing in this Agreement is intended to limit or exclude any liability on the part of us and our affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation. Under any applicable law that would prohibit exclusion or limitation, Kwil Legal Services’s total aggregate liability, under or in relation to any warranty or condition implied by law, shall be limited to the aggregate sum total of fees paid to Kwil Legal Services by you in connection with your access to the Services.
In addition to the foregoing, to the extent permitted by law, Kwil Legal Services, its affiliates or its partners, shall not be liable to you (directly or indirectly) for any loss, claim, or damages of whatsoever kind or nature, whether direct, indirect, general, or special, arising out of or relating to the conduct of any User or anyone else in connection with the use of the Services.
14. Notices
Legal notices to you will be served to the email address you provide to Kwil Legal Services during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing. Any notices to Kwil Legal Services must be given by registered U.K. Mail to Kwil Legal Services Ltd 30 Clarendon Road, Watford, Herts, WD17 1JJ