TheFormationsCompany.com Limited Terms and Conditions

 

Last updated:  14 March 2014

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 and any business or person 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 service and related material provided in conjunction with Companies House, but does not include additional services provided by authorised agents and offered on our Website.

1.1.3.     “Renewable services” are all services that require annual renewals.

1.1.4.     “Authorised Agents” are third party companies offering services on our site outside of the Services;

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 site 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” on our Site which aims to protect the availability of our Services and to make sure our customers have the best experience possible. 

1.4.1.     “Fair Use” under this Fair Use Policy is defined as 3 (three) instances or purchases of the Services per user, parent company, address, or postcode, in any 12 month period.

2.     Use of your Personal Information

2.1.         We may collect personal information about you from a number of sources, including the following:

2.1.1.     From you when you agree to take a service or product from us, in which case this may include your contact details, date of birth, how you will pay for the product or service and your bank, credit, or debit card details

2.1.2.     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

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

2.2.         You authorize us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited or restricted to your name, address and payment details to the extent reasonably necessary to provide the services which are available through our web site by us or our Authorised Agents. Should you choose to obtain or buy products through our web site, we may collect any information about your buying behaviour or pattern in respect to this as we see fit, and if you send us personal correspondence such as e-mails or letters we may collect this information into a file specific to you.

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 authorize 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 you 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 web site.

3.10.      You agree to abide by our Fair Use Policy

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 web site 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 site, 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 site.

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 site or any part of our site 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 web site available but cannot guarantee that our web site 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 web site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, web site, 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 site 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 site 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 web site 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 web site and is compatible with our web site.

4.16.      While we do our best to ensure that all materials and information published on our web site 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 site. The information contained in our site 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 site 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 site. Any other use of materials on our site (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, and Mail Receiving & Forwarding

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.

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 or telephone, fax post or 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 agrees 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 his 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.

6.2.         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 site, 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.

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.         You may contact us via our site, or at the postal address displayed on our site, or by telephone at the number provided on our Website to ask that your request for services be withdrawn. 

9.     Services provided by Third Parties

9.1.         The Business Bank Account service is provided by Barclays Bank 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 plc for the purposes of fulfilling the bank account request.

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 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 www.theformationscompany.com/our-packages/opening-a-business-bank-account/

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.