Terms and conditions for the supply of Services
The Customer's attention is particularly drawn to the provisions of clause 8.
1.1 Definitions. In these Conditions, the following definitions apply:
Account: a current subscription by the Customer for the Services.
Business Day: a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
Conditions: these terms and conditions as amended from time to time in accordance with clause 13.7.
Contract: the contract between the Supplier and the Customer for the supply of Services in accordance with these Conditions.
Customer: the person or firm who purchases the Services from the Supplier.
Force Majeure Event: has the meaning given to it in clause 10.1.
Intellectual Property Rights: patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world
Order: the Customer's acceptance of the Supplier's quotation.
Service(s): the tax return preparation services provided including access to Supplier’s website and account management support provided by the Supplier to the Customer as set out on the Supplier’s website.
Supplier: Get Tax Done Limited registered in England and Wales with company number 11994748 with registered office address at Unit 1, The Wharf, Bridge Street, Birmingham B1 2JS.
Construction. In these Conditions, the following rules apply: 2
2.1 The Order constitutes an offer by the Customer to purchase Services in accordance with these Conditions.
2.2 The Order shall only be deemed to be accepted when the Supplier issues written acceptance of the Order at which point and on which date the Contract shall come into existence.
2.3 The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Supplier which is not set out in the Contract.
2.4 Any samples, drawings, descriptive matter or advertising issued by the Supplier and any illustrations or descriptions of the Services contained in the Supplier’s brochures or website are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or have any contractual force.
2.5 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.6 Any quotation given by the Supplier shall not constitute an offer.
3.1 The Supplier shall provide the Services to the Customer for the tax year submitted. Any additional tax years must be submitted separately and are subject to agreeing to the terms set out for each submission.
3.2 The Supplier shall use all reasonable endeavours to meet any performance dates for the Services, but any such dates shall be estimates only for the performance of the Services.
3.3 The Supplier will provide services using the information received from the Customer. Whilst best endeavours will be made by the Supplier to verify all information received. The Supplier does not warrant to the Customer for omissions in the information provided.
3.4 The Supplier shall have the right to make any changes to the Services which are necessary to comply with any applicable law, or which do not materially affect the nature or quality of the Services, and the Supplier shall notify the Customer in any such event.
3.5 The Supplier warrants to the Customer that the Services will be provided using reasonable care and skill.
4.1 The Customer shall:
4.2 If the Supplier's performance of any of its obligations in respect of the Services is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (Customer Default):
4.3 The Customer has a legal responsibility to retain documents and records relevant to its tax affairs for 6 years from the end of the tax year. During the course of the Services, the Supplier may collect information relevant to the Customer’s tax affairs. Whilst certain documents may legally belong to the Customer, the Supplier may destroy correspondence and other papers which it stores and which are more than 7 years old. The Customer must inform the Supplier if it requires the return, or retention for a longer period, of any specific documents.
5.1 The charges and method(s) of payment for the Services shall be as stated in the Order.
5.2 The quotation for Services is solely based on the information provided by the Customer, and
5.3 The Supplier reserves the right to make an additional charge to reflect any increase in the cost of the Services that is due to any delay caused by any instructions of the Customer in respect of the Services or for failure of the Customer to comply with its obligations in clause 4.1 or for activities that fall outside the scope of the Service.
5.5 All amounts payable by the Customer under the Contract are inclusive of amounts in respect of value added tax chargeable (VAT).
5.6 The Customer shall pay all amounts due under the Contract in full without any setoff, counterclaim, deduction or withholding except as required by law. The Supplier may, without limiting its other rights or remedies, set off any amount owing to it by the Customer against any amount payable by the Supplier to the Customer.
6.1 All Intellectual Property Rights in or arising out of or in connection with the Services shall be owned by the Supplier. 6
6.2 The Customer acknowledges that, in respect of any third party Intellectual Property Rights in the Services, the Customer's use of any such Intellectual Property Rights is conditional on the Supplier obtaining a written licence from the relevant licensor on such terms as will entitle the Supplier to license such rights to the Customer.
6.3 All materials supplied by the Supplier are the exclusive property of the Supplier.
A party (receiving party) shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the receiving party by the other party (disclosing party), its employees, agents or subcontractors, and any other confidential information concerning the disclosing party's business, its products and services which the receiving party may obtain. The receiving party shall only disclose such confidential information to those of its employees, agents and subcontractors who need to know it for the purpose of discharging the receiving party's obligations under the Contract, and shall ensure that such employees, agents and subcontractors comply with the obligations set out in this clause as though they were a party to the Contract. The receiving party may also disclose such of the disclosing party's confidential information as is required to be disclosed by law, any governmental or regulatory authority or by a court of competent jurisdiction. This clause 11 shall survive termination of the Contract.
9.1 For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of the Supplier including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the Supplier or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
9.2 The Supplier shall not be liable to the Customer as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.
9.3 If the Force Majeure Event prevents the Supplier from providing any of the Services for more than 30 days, the Supplier shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the Customer.
Carrying out an identity verification check will place a soft footprint on the Customer’s credit file.
11.2 If the Supplier cannot adequately confirm the Customer’s identification in accordance with the relevant legislation, it reserves the right to refuse use of the Services.
12.1 The Customer is ultimately responsible for administering and safeguarding any passwords and memorable words created to control access to its Account. Read only access to the Account is available to specific staff members but is strictly controlled by passwords and IP address restrictions. The use of this access is for assisting with the system, and offering support when necessary.
12.2 The Supplier’s accountants do not have editing access to the Account without the Customer’s authentication and permission, save that its accountants will access the Account to make necessary adjustments. This access would be sought in exceptional circumstances and would not involve the Customer having to reveal any of its login details. The Supplier’s accountants do have access to make adjustments in the back end ledgers of the Account.
12.3 All transfer of the Customer’s data between the Supplier’s servers and any external environment is encrypted. Please see the Supplier’s privacy policy for information in regard this.
12.4 The Customer will not be able to access and use the Services without a username and password. Once an Account has been created, the Customer will be issued with a randomly generated password. This can be changed at any time
12.5 The Supplier will make reasonable endeavors at all times to ensure that the Services will be suitable for the Customer’s intended use. The Supplier cannot guarantee that it will be error-free, timely, reliable, entirely secure, virus-free or available at all times since it is dependent on the reliability of the internet and the Customer’s use of its own computer to access the Services. The Supplier will try to keep any disruptions to a minimum but it may be necessary to suspend the Services from time to time to carry out maintenance and support work.
12.5 The Supplier confirms that it will comply with the provisions of the Data Protection Act 1998 when processing personal data about the Customer and its company. In order to carry out the Services and for related purposes such as updating the enhancing client records, analysis for management purposes and statutory returns, legal and regulatory compliance and crime prevention the Supplier may obtain, process, use and disclose personal data about the Customer.
12.6 The Supplier will communicate with the Customer and with third parties via email or by other electronic means, unless another method is more appropriate. The Customer will be responsible for virus checking emails and any attachments.
12.7 With electronic communication, there is a risk of non-receipt, delayed receipt, inadvertent misdirection or interception by third parties. The Supplier uses virusscanning software to reduce the risk of viruses and similar damaging items being transmitted through emails or electronic storage devices. However, electronic communication is not totally secure and the Supplier cannot be held responsible for damage or loss caused by viruses nor for communications, which are corrupted or altered after despatch. Nor can the Supplier accept any liability for problems or accidental errors relating to this means of communication especially in relation to commercially sensitive material.
13.1 Assignment and other dealings:
SCHEDULE A: The Services
The Service provides for: preparation, calculation & submission of the Customer’s annual self assessment tax return to HM Revenue & Customs (HMRC)
