The Formations Company Terms & Conditions

Last updated:  22nd May 2018

Please take the time to read the following Terms and Conditions carefully.

www.TheFormationsCompany.com is the Website developed by TheFormationsCompany.com Limited. By using the Site you are deemed to have accepted these terms and conditions outlined below. The Site is aimed at users aged 18 years and over

 

1.     General

1.1.         The following definitions apply:

1.1.1.     “We”, “our”, “us”, “TheFormationsCompany.com”, and “The Formations Company” means TheFormationsCompany.com Limited. “You”, “your” and “user” describes you in the capacity of any business/ formed company or person in the capacity of a business entity with which you are associated or acting on behalf of while visiting TheFormationsCompany.com Limited. “Site” and “Website” refer to www.TheFormationsCompany.com.

1.1.2.     “Services” describes the company formation services and/or related materials provided in conjunction with Companies House and additional advertised TFC services, but does not include services provided by authorised agents offered on our website”.

1.1.3.     “Renewable Services” are all services that require monthly and/or annual renewals.

1.1.4.     “Authorised Agents” are third party companies offering services on our website outside of the Services to the business entity/ formed company;

1.1.5       “Specific Terms and Conditions” means the Specific Terms and Conditions tailored to cover any Product or Service that you may purchase through the Website and which take priority over these General Terms and Conditions to the extent of any conflict between them.

1.2.         Please read these terms and conditions before authorising any payment for services offered by us. By consenting to our terms and conditions means you have agree to be legally bound by them each time you use our services. We reserve the right to modify and amend our website and the terms and conditions when necessary.

1.3.         We do not make a full investigation of our clients’ circumstances. Accordingly we will not be liable for any loss or damage, financial or otherwise, which could have been avoided if you took qualified legal or other advice and which was not foreseeable to both parties when you made your order or were not caused by any breach by us.

1.4.         We operate a “Fair Use Policy” (FUP) which means the protection of the availability of our Services to our users. Any activity we deem to be detrimental to the provision of our Services will at our discretion be modified, amended and/or terminated without notice.

1.4.1.     “Fair Use” under our FUP is defined a any multiple instances or purchases of the Services per user, parent company, address or postcode in any 12 month period and is subject to our discretion.

2.     Use of your Personal Information

The Data Protection legislation sets out rights over how personal data is used and erasure in specific circumstances. However, we may not always be able to agree with the exercise of such rights, as often personal data remains necessary in relation to the purpose for which it was originally collected and processed. Further information is available in our Privacy Policy which can be viewed on our website at any time.

2.1.         What personal information we process

The categories of personal data we process include general personal data (which includes normal personal data, personal identity, email addresses and personal financial data) and special categories of personal data if these have been provided to us (which includes nationality and ethnicity)

2.2  We may collect personal information about you in relation to the formed company

2.2.1.     From you when you agree to take a service or product from us, in which case this may include your contact details, such as name, address, telephone number(s) and date of birth, how you will pay for the product or service and your bank, credit and/or debit card details

2.2.2.     From you when you contact us with an enquiry or in response to a communication from us, in which case, this may tell us something about how you use our services

2.2.3.     From documents that are available to the public, such as Experian Credit Reference Database, Companies House and the Full Electoral Roll.

2.3 How we use your personal information

When you use our services, the personal data is necessary in relation to the purpose for which it was originally intended. We process personal information to fulfil our contract with the formed company, or where you or we have a legitimate interest in doing so, where otherwise permitted by law, or to comply with applicable law and regulation. We use personal information for:

 

 

2.4.         When the Services/ Renewable Services has been completed, we may still process personal information where we have a legitimate interest in doing so, where we are permitted by law, or to complete with applicable laws and regulations. This includes Companies House requests, complaint handling, anti money laundering, reporting to our regulator – HM Revenue and Customs.

Our legitimate interests to conduct conflict of interest checks, statistical analysis and research to help us enhance our products and services to our Company Customers.

 

2.5 How We Share the Information

We may share data with a range of organisations which enable us to fulfil our contract with the company customer, or where we have legitimate interests to do so, or otherwise are required by applicable law and regulation. We can provide more specific details on written request.

Formed Company/ business entity information may be passed onto other companies, organisations with our parent group/ management control for marketing purposes. Such communications are for the formed company/business entities and not for individuals.

2.6   You may amend any information provided to us as part of registration on the Website at any time.

2.7 You have a right to complain to the Information Commissioner’s office (https://ww.ico.org.uk ), which regulates the processing of personal data. You may also seek a judicial remedy.

3.     Your Obligations

3.1.         We require payment in advance of providing any goods or services and the cost of services ordered will be confirmed at the time of payment.  As most of our business is conducted with business (limited or sole trader) customers all prices are listed exclusive of VAT unless otherwise indicated.  Appropriate VAT is calculated in a populated basket pre-purchase.

3.2.         You authorise us, and you hereby appoint us as your agent, to make payment of the registration fees to Companies House that you are obliged to pay to Companies House in respect of the incorporation of your new company(ies), with any such payments treated by us as disbursements made on your behalf, and accordingly shown separately on your invoice.

3.3.         We only provide services on the basis that you have given us full and proper instructions and the authority to lawfully carry out those instructions.

3.4.         When you are acting on behalf of a person or company other than yourself, you have collected full and proper consent and authority to lawfully carry act on the behalf of and represent that third party.

3.5.         You undertake full responsibility to complete all documentation required by law including, but not restricted to, the Inland Revenue and Companies House.

3.6.         You undertake to ensure the accuracy and completeness of the information you provide us and accept all liability for the rejection of any documents or services due to inaccuracies or incompleteness on your behalf.

3.7.         You accept that it is your responsibility to ensure that any company name you choose is available for registration and can be lawfully used by you. We accept no liability for your choice of name.

3.8.         You must ensure that material given to us for our hosting service is free from defamatory matter and does not infringe on any rights.

3.9.         You have sole responsibility in all respects for all use of, and for protecting the confidentiality of any username and password that may be given to you or selected by you for use on our website.

3.10.      You agree to abide by our Fair Use Policy

3.11.      Any breach of our Fair Use Policy means you will be subject to a penalty payment.

4.     Our Obligations

4.1.         We will exercise reasonable care in compiling our site, use reasonable efforts to make our site available to you at all times and take the steps to endeavour to secure any personal data or credit card information you give us.

4.2.         We will try to ensure that our prices displayed on our website are accurate. We reserve the right to alter the prices on our website at any time. If we need to do so, we will inform you if a product’s correct price is higher than that stated in your order. If this is the case you may cancel the order and decide whether or not to order the product at the correct price.

4.3.         While we will use reasonable endeavours to meet the time estimates given on our website, these do remain estimates and are not guaranteed.

4.4.         We are not obliged to accept any request from you or your representatives, or to continue to perform any service. We reserve the right to reject any request or to discontinue the performance of any service without liability.

4.5.         In relation to the purchase of products, we accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect), however caused, if not foreseeable to both parties.

4.6.         In relation to company formations, we accept no liability for any fraudulent or unauthorised use for any company held under the TheFormationsCompany.com name and address.

4.7.         We do not accept responsibility for the accuracy of any part of any search or other reports where it is apparent that it is not derived from information in a public register, or for any inaccuracy, omission or other error in any public register upon which our search or report is based.

4.8.         We may directly or through an intermediary ask another contractor to carry out some or all of any work which you instruct us to carry out for you. Steps will be taken to select the suitability of our agents, although we have no control over their activities and therefore accept no responsibility for the services provided to you by that agent.

4.9.         Certain links, including hypertext links, in our site may take you outside our site onto sites operated by other people. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We take no responsibility for and give no warranties, guarantees or representations in respect of these linked sites. We are not responsible for the content of any website outside our website.

4.10.      We reserve the right at any time and without notice to alter any aspect of our sites including the services offered by us.

4.11.      We reserve the right at our sole discretion to deny users access to our website or any part of our website without notice and to decline to provide the service to any user that is in breach of the terms and conditions including the Fair Use Policy.

4.12.      We will try to make our website available but cannot guarantee that our website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability at any time

4.13.      You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other internet connected device. We shall not be liable to you for any breach of the terms and conditions or any failure to provide or delay in providing our services through our website resulting from any event or circumstance beyond our reasonable control including, without limitation, breakdown of systems or network access, fire, explosion or accident.

4.14.      We shall not be liable to you for any breach of the terms and conditions or any failure to provide or delay in providing our services through our website resulting from any event or circumstance beyond our reasonable control including, but not limited to, breakdown of systems or network access, fire, explosion or accident.

4.15.      We cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output. You are responsible for ensuring your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website.

4.16.      While we do our best to ensure that all materials and information published on our website are accurate, we make no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published on our website. The information contained in our website may contain technical inaccuracies or typographical errors and is intended to be a general indication of our services only. Any implied terms including those as to quality, fitness for purpose, compliance with description or sample are excluded unless you deal as a consumer. If you do deal as a consumer these terms do not affect your statutory rights.

4.17.      All intellectual property rights (including copyrights, patents, trade marks) where registered or not shall remain our property. This also includes the design, text, graphics and other material on our website and the selection or arrangement thereof are the copyright of us or other third parties. Permission is granted to electronically copy and print in hard copy portions of our site solely in connection with the acquisition of goods or services through our website. Any other use of materials on our website (including reproduction for purposes other than those noted above and alteration, modification, distribution, or republication) without our prior written permission is strictly prohibited.

4.18.      Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the website complies with all legal and regulatory requirements and does not contain any material which is objectionable, including, without limit, information which is defamatory, obscene, threatening or untrue. We do not take any responsibility for any such material or any error in inaccuracy in advertising material.

4.19.      We reserve the right to make changes to these Terms and Conditions from time to time.

5.     How we use cookies

5.1.         A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

5.2.         We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes.

5.3.         Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

5.4.         You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

6.     Additional product specific terms and conditions

6.1.         Registered Address, Service Address, Registered Agent and Mail Receiving & Forwarding Services

6.1.1.     In these conditions ‘the Address Company’ shall mean The Formations Company or any other provider of a registered office or mail forwarding service, at any address, as sold through the Website. The Specific Terms and Conditions are applicable to transactions made through the Website at http://www.theformationscompnay.com/mail-forwarding-terms and any subsidiary pages. The Specific Terms and Conditions must be read together with the General Terms and Conditions.

6.1.2.     The duty owed by the Address Company to you shall consist of either of or all of the following services as might be purchased by you: (a) The receiving from the Post Office Authorities of letters addressed to you and either arranging for the collection thereof by you from the Address Company’s premises during normal office hours or posting same to you.  Such alternative to be in the sole discretion of the Address Company, and (b) The taking of telephone messages intended for you and the transmission to you of such telephone messages whether by fax, telephone or by hand as the Address Company shall in its absolute discretion select, and (c) The transmission of outgoing telex and/or fax messages supplied by you and the receiving of incoming telex and/or fax messages intended for you and the passing on to you of such incoming telex/fax messages whether by telephone, telex, fax, post or hand as the Address Company shall in its absolute discretion select.

6.1.3.     You agree with the Address Company not to carry on any business which could be construed, conceived or interpreted by the Address Company or any other party as illegal, defamatory, immoral or obscene and agree with the Address Company not to use the address and/or telephone and fax numbers of the Address Company nor the offices of the Address Company, whether directly or indirectly, for any such purpose or purposes as aforesaid.

6.1.4.     You agree not to send or deliver or cause to be sent or to be delivered to the Address Company’s premises any noxious, harmful, illegal, immoral deteriorating, dangerous or bulky material object or thing and in the event of the same being so sent or delivered, the rights of the Address Company shall be as contained in Clause 6 of these conditions.

6.1.5.     The Address Company shall be entitled to refuse to accept any parcel, chattel, packet or other object other than letters addressed to you unless previous written arrangements have been entered into by you and agreed in writing by the Address Company.

6.1.6.     In the event of an ordinary parcel, chattel packet or other object other than letters addressed to you being delivered at the Address Company’s address, the Address Company shall bear no responsibility whatsoever either to the sender or to you or to anyone else.  In the event of you failing to remove same within one month from receiving Notice thereof (of which a prepaid letter addressed to you at your last known address shall be deemed sufficient Notice) then the Address Company shall be empowered to deal with the same as it thinks fit.

6.1.7.     The Address Company shall be entitled to charge you handling and storage charges for any parcel, chattel, packet or other object received and/or stored at the Address Company’s address for you.

6.1.8.     You agree not to advertise the telephone, telex and fax numbers of the Address Company without first obtaining the consent of the Address Company.

6.1.9.     Regarding Mail and/or Telephone, Telex and Fax Services, the Agreement relates solely to Mail and Messages addressed to the Principal, Firm, Customer or Company named in the application form completed on the Site.

6.1.10.   The Address Company will not disclose or use your private address in any manner other than those agreed to by you in this agreement save in the event that the Address Company is obliged to disclose by law or by the order of a court of competent jurisdiction.

6.1.11.   You shall reimburse the Address Company immediately for all sums of money expended by the Address Company pursuant to the Agreement itself or in connection with the sending to you any letter(s), message(s) and in connection with any other services used.

6.1.12.   You will fully indemnify the Address Company against any expenses, costs, claims, damages or penalties incurred by the Address Company in connection with this Agreement howsoever occasioned including through defamation, suing or being sued as a result of the breach whatsoever and howsoever committed by you or any third parties.

6.1.13.   In the event of you failing to discharge any of your liabilities to the Address Company within one week of such payment becoming due you hereby empower the Address Company to retain any correspondence and any article(s) belonging to you until you make the payment owing by you to the Address Company.

6.1.14.   In the event of late payment the Address Company reserves the right to charge interest at the rate of four (4) per cent above Barclays Bank Base Rate from time to time on a daily basis.

6.1.15.   And it is also declared that the Address Company shall have a general lien on all belongings of you that may be on the Address Company’s premises and/or for all moneys owing by you to the Address Company on any account whatsoever.

6.1.16.   The agreement between the Address Company and you is subject to written Notice of termination to be given by either party and to expire at any time one month after sending the same in a prepaid envelope addressed by you to the Address Company or by the Address Company to you respectively.

6.1.17.   In the event of a breach by you of any of the above conditions the Address Company may terminate this Agreement forthwith without any explanation whatsoever as to reasons by sending written notice of such termination to you of which a prepaid letter addressed to you at your last known address shall be deemed sufficient notice.

6.1.18.   The Limit of the liability of the Address Company in  respect of any act, omission, neglect, delay or default by it or by its servants or agents whether by way of the Law of Contract and/or by way of liability for negligence shall not exceed five (5)  pounds.

6.1.19.   You agree that during the period of your booking and for a further period of six (6) months thereafter, you shall not employ any person who has been in the employment of the Address Company at any time during the period of your booking, provided that, if any such employment or offer of employment is agreed or made and accepted, you shall pay to the Address Company a fee equivalent to fifteen (15) per centum of such employee’s current salary.

6.1.20.    For the The Registered Address Service non-payment for renewal of the Service means you  will be deemed irrevocably to have authorised us (and to have irrevocably consented to our so doing) to change with immediate effect the Registered Office Address of the Company to your residential address or to such other address previously notified to us by you for this purpose.

6.1.20.1. The user understands and agrees to any mail other than statutory mail from HMRC and Companies House will be returned to sender unless the subscriber has also purchased a London Office Mail Forwarding service and is current and active, if expired mail will also be returned to sender.

6.1.20.2.  You agree to pay the amounts agreed according to the terms stipulated by us. Upon sign up, the client will set up an automated payment account with Stripe.com to pay the yearly subscription fee.

6.1.21     For the Service Address Service, non-payment for renewal of the Service means you  will be deemed irrevocably to have authorised us (and to have irrevocably consented to our so doing) to change with immediate effect the Directors’ Service Address to your residential address or to such other address previously notified to us by you for this purpose.

6.1.21.1    You agree to pay the amounts agreed according to the terms stipulated by us. Upon sign up, the client will set up an automated payment account with Stripe.com to pay the yearly subscription fee.

6.1.3        At the discretion of the Customer Service Manager, post collection may be arranged, by appointment only with 2 business working day notice, between the hours of 10am – 4pm Monday – Friday.

6.2.         Same Day Limited Company Formation Service

6.2.1.     The Same Day Formation Service is considered fulfilled when Companies House issue an official response, either at www.companieshouse.gov.uk or via our website, to a user’s formation request on either;

6.2.1.1. the same business day for a completed formation request submitted to Companies House prior to 2pm on that same business day; or

6.2.1.2. the next business day for a completed formation request submitted on a non-business day, or after 2pm on any business day.

6.2.2.     For the avoidance of doubt a formation request is not considered a ‘completed formation request’ until all pending actions and requirements have been fulfilled, and where necessary approved by us, and the company has been successfully transmitted to Companies House.

6.2.3.     The Same Day Company Formation Service does not guarantee your completed formation request will be successful but rather guarantees an official response to your completed formation request from Companies House approving, rejecting, or otherwise referring to your request.

6.2.4.     A full refund of the Same Day Limited Company Formation Service fee will be available to all customers in the event that they do not get a response from Companies House within the time frames described in Clause 6.2.1 and will not be subject to the Administration Charge described in Clause 8.  If you think you are eligible for a refund please contact customer support for confirmation and processing.

6.2.5.     A refund request for any reason other than that described in Clause 6.2.4 will be subject to Clause 8.

6.3   Bespoke Logo Design

6.3.1.     Process:  To start the logo design process you will be required to provide information to us including but not necessarily limited to your name, your company’s name, your mailing address, and some further information about your company and industry.   This information once collected or received by us constitutes the design brief (“Design Brief”).  At this point, in a timeframe reasonably communicated to you, we will, at our reasonable discretion, create a number of designs options from which you can select one for further refinement over a maximum of three (3) iterations, and final approval, not to be unreasonably withheld.

6.3.2.     Intellectual Property Rights:  All the rights of the logo artwork and logo design created and designed for you will be transferred to you upon final approval, subject to all applicable fees due up to that point being remitted.   In the event that there are any pending payments owed by you then all of the rights in and to the logo design, including any trademark property, will remain vested in, or be transferred to, us.  After receipt of any outstanding fees we do not hold any rights to the logo design created for you, we do not file trademark applications with respect to the logos designed for you, and you are free to register the logo design created for you as a trademark with the appropriate authority.

6.3.3.     Delivery:  All logos and iterations thereof are delivered to you electronically ‘as is’ in the following file formats for maximum flexibility; .PNG/.JPEG/.PDF/.AI.  It is your responsibility to ensure, where you are printing your logo, that you double-check the printer colour matching as colours in print format do not always match to colours on computer screens.

6.3.4.     Refund Policy:  Full refunds can be offered to you for up to 14 days from purchase where a Design Brief has not been provided.  After 14 days any refunds will be subject to the Administration Charge described in Clause 8.  Where a Design Brief has been provided, irrespective of time since purchase, no refunds can be made with respect to the purchase.

6.3.5.     Warranties & Liability:  We warrant that designs are of our own creation and are not copied from, or inspired by, existing designs or trademarks.  We do not warrant that a design the same as or similar to that designed by us, but of which we are not aware at the time of creation, does not exist.  If for some coincidental reason a logo designed by us looks identical to another party’s logo, the sole remedy available to you will be for us to provide you with a free redesign to create a new logo.  It is your responsibility prior to final approval to ensure the logo, designed in consultation with you, does not infringe on any intellectual property rights and you agree to indemnify us against all losses, demands, claims, charges, penalties, fines, damages, costs and expenses arising out of or in connection with your use of the logo.  In addition, where you supply us with an image to include within your logo design you will guarantee the originality of such image(s) and accordingly indemnify us against all losses, demands, claims, charges, penalties, fines, damages, costs and expenses in relation to such image(s).

6.4      Anti-Fraud Service:  The Anti-Fraud Service will help stop unauthorised change requests to your registered company, such as a change of registered office or change of directors.  Your company will be monitored and you will be notified immediately by email of any such unauthorised change requests to your registered company.  We do not guarantee that you will be protected from any/all fraudulent activity. If you are a victim of fraud you should file a report with your local law enforcement immediately.

6.5     The Persons of Significant Control Register (PSC Register):  The PSC Register is a register of individuals or legal entities that have significant control over a company. Companies need to provide the information on the PSC register to Companies House as part of the new Confirmation Statement (which replaces the Annual Return process). Companies are required by law to store, maintain and make the PSC Register available for inspection.  The PSC Register can never be blank.  We will, on your behalf, store, maintain and provide copies of the PSC Register upon request.  You must inform us immediately of any changes to ensure the PSC Register is kept up to date.  Failure to provide accurate information and failure to comply with notices requiring someone to provide information are criminal offences and may result in a fine and/or a prison sentence of up to two years.

7.     Jurisdiction

7.1.         Our relationship with you will be governed by English law and will be subject to the exclusive jurisdiction of the English courts.

8.     Refund Policy

8.1.         Where no customer actions have taken place post package purchase, and specifically no company application has been submitted to Companies House for review, customers are eligible for a refund subject to the following:

8.1.1.      The request for refunds is made within 28 days of the purchase date;

8.1.2. An administration charge of the lesser of £15, or the cost of the product or service, will be assessed to cover merchant charges and other incidental expenses including processing the refund (the “Administration Charge”).

8.2.         Once a company has been submitted to Companies House no refunds can be given for the Services or in respect to any parts of the package including the Services.

8.3.         Refunds for any additional products and services purchased through the site will be offered subject to the following:

8.3.1. The request for refunds is made within 28 days of the purchase date;

8.3.2. Additional products and services were purchased separately to or alongside any package but within a package or as a special offer alongside a package;

8.3.3. We or any third parties sub-contracted by us have not commenced work on the provision of such products or services;

8.3.4. An administration charge of the lesser of £15, or the cost of the product or service, will be assessed to cover merchant charges and other incidental expenses including processing the refund (the “Administration Charge”).

8.4.         Subscription based service refunds will be subject any separate terms of such services but will be subject to a minimum fee equal to the value of 6 months service.

8.5.         To request a termination of your services you must notify us immediately by using our website contact form or in writing by post to the registered address displayed on our website.

9.     Services provided by Third Parties

9.1.         The Business Bank Account service is provided by Barclays Bank UK PLC and subject to the terms and conditions as set forth by Barclays at the time of account opening.

9.2.         Where you request a bank account through The Business Bank Account service you confirm that you agree to be contacted directly by Barclays Bank UK PLC for the purposes of fulfilling the bank account request for the formed Company.

9.3.         Where you request a bank account through The Business Bank Account service on behalf of a third party for whom you are making a company formation application, you confirm that the third party, the primary contact listed on the company formation application, has agreed to be contacted directly by Barclays Bank UK PLC for the purposes of fulfilling the bank account request.

9.4.         More information on the Business Bank Account service and terms and conditions related to claiming any associated cash back can be found at http://www.theformationscompany.com/bank-account-information.

9.5         Cash back is not available for customers who have bought the £5 formation offer.

9.6         As part of The Formations Company package that you purchase you may be offered complimentary access to Works which is provided by Business Centric Services Group Limited. As part of the registration process we will pass certain personal information to Business Centric Services Group Limited in order to provide you with this service.  If you wish to cancel your Works subscription then please contact us directly.

9.7       Where you agree / have agreed to find out more about third party products and/or services, you agree that your details may be passed to the third party provider to fulfil legal requirements, for marketing purposes and/or to provide you with new product information that we think may be of interest to you. You acknowledge that TheFormationsCompany.com Ltd. (“TFC”) does not receive any referral fee(s) in respect of such introduction but that TFC may receive income from such third party(s) if you choose to engage in a commercial relationship with such third party service provider(s) after the date of introduction. Where you choose to engage in any form of relationship with a third party that has been introduced by TFC, that relationship shall be governed by the terms and conditions of that third party, and TFC shall have not responsibility or liability with respect to that relationship.

 

10.  Website Disclaimer

10.1.      The information contained in this website is for general information purposes only. The information is provided by TheFormationsCompany.com and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

10.2.      In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

10.3.      Through this website you are able to link to other websites which are not under the control of TheFormationsCompany.com. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

10.4.      Every effort is made to keep the website up and running smoothly. However, TheFormationsCompany.com takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

11.  Copyright notice

11.1.      This website and its content is copyright of TheFormationsCompany.com – © TheFormationsCompany.com 2012. All rights reserved.

11.2.      Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:

11.2.1.   You may print or download to a local hard disk extracts for your personal and non-commercial use only;

11.2.2.   You may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material;

11.2.3.   You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

12.  Accessibility Statement

12.1.      TheFormationsCompany.com is committed to making resources and services accessible to as many of our users as possible and where practicable any users with disabilities who need them.

12.2.      The design and construction of this site has therefore taken into account current accessibility standards at the time of development.

12.3.      We will work with clients and visitors to provide a reasonable accommodation to your needs. If you have a question about the accessibility of any of our services or resources, please contact us at support@theformationscompany.com.

13.  Affiliate Program

13.1.      The requirements for joining the Affiliate Program are:

13.1.1      Successful completion of a minimum of seven company formations with TheFormationsCompany.com during a six month consecutive period and;

13.1.2      A 10-15% open rate with Barclays business accounts.

13.2      TheFormationsCompany.com reserves the right to add and/or remove any person(s) from the Affiliate Program at any time without notice.

13.3      TheFormationsCompany.com reserves the right to modify, amend and/or terminate the Affiliate Program offer at any time without notice.

 

Legal Plan

This is a contract between us, TheFormationsCompany.com Limited (“TFC”) and you, (the “Primary Member”), for the Legal Plan services described below (“Legal Plans”). TFC is registered in England & Wales under company number 06924361and its registered office is at 130 Old Street, London, EC1V 9BD. In addition to the TheFormationsCompany.com Terms and Conditions, that govern your use of the TFC website this contract (the “Agreement”) constitutes a legal agreement between you and TFC detailing the terms of your use of the Legal Plans. This Agreement is effective as of the date you accept its terms by purchasing a Legal Plan subscription or accepting a free trial thereof (the “Effective Date”). Please read this Agreement carefully.

As the services provided under this Agreement are generally not provided in person, you agree that all agreements and information related to such agreements may be provided via electronic media such as email or electronic documents provided via your account with TFC.

THE LEGAL PLANS ARE NOT A SUBSTITUTE FOR ACCOUNTING, BUSINESS, TAX, OR OTHER PROFESSIONAL ADVICE OR FULL REPRESNETATION FROM A SOLICITOR.

1. Plan Membership. We reserve the right to accept or refuse membership in our discretion. You may not transfer or assign your Legal Plan or these benefits; provided, however, that a Business Legal Plan Primary Member may extend coverage to his or her designated business (together with the Primary Member, each a “Plan Member” and collectively the “Plan Group”). The “Effective Date” for each Plan Member other than the Primary Member shall be the date on which the Primary Member elects to extend coverage to such Plan Member.

2. Benefits of Legal Plans. The Legal Plans provide the following benefits.

a. A subscription to a Legal Plan provides the following additional benefits (collectively, the “Plan Benefits”):

(i)                   Telephone consultations with a participating firm (the “Firm”), during normal business hours, of up to one half (1/2) hour each, on legal matters related to the business formed via TFC, limited to one consultation per Plan Group for each new legal matter. Telephone consultations may not include discussion of any of the following:

a.        Tax related matters

(ii)                 Review by the Firm of legal documents up to ten (10) pages in length, limited to review of one (1) document per Plan Group for each new legal matter. The Firm shall provide one (1) telephone consultation, during normal business hours, about the reviewed document and a written summary of such consultation.

(iii)                Document Library; the content of this service made available thereon (“the Content”), is provided for guidance and information purposes only and is not to be construed as advice. While every care has been taken in the preparation of the Content, may have to be tailored to suit your particular circumstances. TFC does not in any way recommend that the documents available through the Document Library are suitable for you in your particular circumstances. Such a recommendation can only be made by a solicitor once you have obtained their legal advice on the particular document or with regard to your specific case, through the Legal Plan Service.
The basis on which you acquire or make use of any document is that the document is suitable to be used by you in conjunction with proper legal advice as to its application and adaptation for your particular requirements. The documents are not made available to you on any other basis.
The Document library documents are designed for use by entities who do not have complex legal requirements.

 

(iv)                A 25% discount on standard rates of the Firm for any services purchased by the Plan Group that fall outside of the benefits listed above.

b. Please note that TFC does not provide legal services. Lawyers made available through Legal Plans are third-party independent contractors who agree to provide legal services directly to you, not through TFC. The Lawyers have agreed to provide complimentary, thirty-minute consultations related to subject matters about which they represent that they are qualified. A conflict check will apply.

c. Commencement of Services.

By entering this Agreement, you are providing your agreement in writing to enable us to commence work within the 14 calendar day cancellation period discussed in Section 8.c. of the Agreement. Where you have provided your consent for work to commence within the 14 calendar day cancellation period and you later exercise your right to cancel, you will be liable for any costs, VAT and disbursements incurred up to the point of cancellation. If the service has been provided within the cancellation period, you will lose your right to cancel the contract.

3. Exclusions; Conflicts.

a. The following items and matters are specifically excluded from the Legal Plans, and are not to be considered or treated as Plan Benefits:

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

(ii) Any adversarial action by a Plan Member that directly or indirectly involves any other Plan Member                  in any Plan Group;

(iii) Any action based on acts or occurrences that are alleged to have occurred or conditions that were reasonably anticipated or foreseeable before the Plan Member’s enrolment that did or may give rise to legal proceedings by or against such Plan Member; provided, however, that the Firm may, in its sole discretion and at its own risk, disregard this exclusion;

(iv) Any action that resulted in the prior recruitment or retention by the Plan Member of another Lawyer; provided, however, that the Firm may, in its sole discretion and at its sole risk, disregard this exclusion;

(v) Any matter involving the laws of jurisdictions outside of England and Wales;

(vi) Any appeal to a court; provided, however, that the Firm may, in its sole discretion and at its sole risk, disregard this exclusion;

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

(viii) Any case matter or requested service that is determined by the Firm to lack sufficient merit to warrant pursuit, or that the Firm decides has been raised an inordinate or unreasonable number of times without a change in circumstances.

b. If the interests of the Primary Member of a Plan Group are adverse to those of another Plan Member in that same Plan Group, only the Primary Member is entitled to receive the applicable Plan Benefits and such benefits are subject to an assessment of conflict of interest by the Firm.

4. Not Insurance.

The Legal Plans offered through TFC are not contracts of insurance or indemnification insurance plans. TFC not an insurance company and does not guarantee legal representation in every situation. The Legal Plans provide TFC’s business customers with access to specific free and discounted legal advice and/or services. TFC does not reimburse or indemnify any Plan Member or pay any Firm for Lawyer fees or expenses. b. Nothing in the Legal Plans or this Agreement shall be construed to limit the right of a Plan Member to retain, at his or her own expense, an unaffiliated solicitor. TFC shall not be obligated to pay for any such services.
5. Use.

a. General Practices.

You acknowledge that TFC may establish general practices and limits concerning use of its Legal Plans, including without limitation the maximum number of complimentary solicitor consultations you may receive in a given period of time related to one or all subjects.

b. Right to Change Practices.

You acknowledge that TFC reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

c. Responsibility for Misuse.

You are responsible for all expenses incurred or other actions that may occur through your use of a Legal Plan. You must immediately alert us of any fraudulent, unauthorized, illegal, or suspicious use of a Legal Plan, or any other breach of security or unauthorized or illegal activity that you reasonably suspect.
6. Authority to Enter Agreement. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the legal authority to bind such entity to these terms, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority or if you do not agree with this Agreement, you may not sign up for or use any Legal Plan. If after your purchase we find that you do not have authority to bind the entity for which you ordered, you will be personally responsible for the obligations in this Agreement and the order you placed, including without limitation, the payment obligations. We are not liable for any loss or damage resulting from our reliance on any instruction, notice, document or communication, reasonably believed by us to be genuine and originating from an authorized representative of your company. If there is reasonable doubt about the authenticity of any such instruction, notice, document, or communication, we may, but are not obliged to, require additional authentication from you.

7. Payment.

a. Legal Plan Membership Fees.

You will be charged in accordance with the billing terms in effect at the time of your initial purchase, unless you are notified of a fee change in accordance with “Fee Adjustments” below. For any Legal Plan you purchase that is charged in full upon purchase, you agree that for each renewal term for such Legal Plan, the amount due for the next term will be due and immediately payable in full as of the first day of that renewed term. For each Legal Plan, your charge remains for each term no matter if you access the Site during that term. In other words, EVEN IF YOU DO NOT USE THE LEGAL PLAN BENEFITS OR SPEAK WITH AN SOLICITOR, YOU WILL BE RESPONSIBLE FOR ANY SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED. For more information regarding canceling your Legal Plan subscription, see the “Termination or Cancellation” section below.

b. Billing and Continuous Payment Authority

To allow payment for the initial term of a Legal Plan, valid credit card information is due at the time of purchase.
Your Legal Plan Subscription will renew automatically at the end of the initial term (the “Billing Date”) and at the end of each term thereafter unless and until you give notice of your intention to terminate your Legal Plan subscription pursuant to the terms of this Agreement. If you do not give us notice of such intention, your credit card will be charged for the renewal term of your Legal Plan subscription on your Billing Date. you agree to pay the Fees each month and hereby grant to us a continuous payment authority to collect the monthly payments from the card stipulated by you. If your purchase date is on the 29th through 31st day of any month, your Billing Date for renewals in months with fewer days will fall on the last day of the month. TFC may adjust your Billing Date in subsequent renewal periods without notice. This will be reflected by a charge to your account on a pro-rated basis according to the number of days that have passed since the Billing Date of your latest renewal charge. Unless otherwise notified in advance by TFC pursuant to this Agreement, the renewal charge will be equal to the original purchase price for the Legal Plan.
c. Solicitor Fees.

Fees for non-complimentary solicitor services provided pursuant to a Legal Plan subscription shall be paid directly to the providing Firms. Participating Firms and solicitors are not employees or agents of TFC, and have no financial obligation to TFC.

8. Termination or Cancellation.

a. By TFC.

(i)                   If payment is not made on the Billing Date, as described in Section 7 above, your non-payment may result in suspension of service and subsequent termination of your Legal Plan subscription.

(ii) Your right to use a Legal Plan subscription is subject to any limits established by TFC or by your credit card issuer. If payment cannot be charged to your credit card or your charge is returned for any reason, including through a chargeback, TFC reserves the right, in its sole and absolute discretion, to suspend or terminate your access and account, thereby terminating this Agreement and all obligations of TFC hereunder

(ii)                 If you wish to reactivate your account after such termination, there will be no setup or reactivation fees; provided, however ,accounts terminated for non-payment will be reactivated only on receipt of the full amount past due and a written request to reinstate the account. When an expired account is reactivated, the new term begins on the date of reactivation.

b. By Subscriber. You will have the right to cancel your Legal Plan subscription by calling Customer Care at 0203 871 8339 or emailing at legalplan@theformationscompany.com. After such cancellation, your Legal Plan will remain active until the end of then-applicable period.

c. Cancellations under the Consumer Contracts Regulations 2013

 

(i)                   Notice of Right to Cancel

 

In the event that our satisfaction guarantee provides a lesser guarantee than that provided for under the Consumer Contracts Regulations 2013, then you have the right to cancel your contract within 14 calendar days of entering the contract without giving any reason. To exercise your right to cancel under the Consumer Contracts Regulations requirements, you must inform TFC via email at legalplan@theformationscompany.com of your decision to cancel by a clear statement. You may use the following cancellation form:

 

Cancellation Notice

 

To TFC, legalplan@theformationscompany.com

I hereby give notice that I cancel my contract of the supply of the following service,

__________________________________________________________________

Name: ____________________________________________________________

Address: __________________________________________________________

________________________________________________________

Signature of consumer: ______________________________________________

Date: ________________

 

(i)                   Effects of cancellation

 

If you cancel this contract, we will reimburse to you all payments received from you.We will make the reimbursement without undue delay, and no later than 14 days after the day on which we are informed about your decision to cancel this contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction. You will not incur any fees as a result of the reimbursement.

If you requested us to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated us your cancellation from this contract, in comparison with the full coverage of the contract.

 

c. Services after Termination.

After termination of your Legal Plan subscription, either by you or by TFC, you will not be able to access the corresponding Legal Plan offerings; provided, however, that any access rights to a Legal Plan granted you through a separate channel (e.g., through another Legal Plan subscription) will remain in full force and effect unless and until separately terminated or cancelled.

9. Professional, Independent Solicitor Judgment. Solicitors performing legal services for Legal Plan Members under the terms of this Agreement are not agents or employees of TFC. Any solicitor rendering legal services to Plan Members under a Legal Plan shall maintain the solicitor-client relationship with the Plan Member, and is solely responsible to the Plan Member for all legal services provided. It is within the sole discretion of the solicitor to determine whether claims or defenses pertaining to any matter under this Agreement present a frivolous or otherwise unmeritorious claim or defense. Participating solicitors reserve the right to make independent professional judgments regarding such presentations. TFC will in no way influence or attempt to affect the rendering of professional services of the participating solicitors.

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