Tax Rebate Services - terms of use ...

terms of use

www.taxrebateservices.co.uk Limited
Customer Terms and Conditions (“Conditions”)

1. These Conditions (together with the documents referred to in them) set out the terms and conditions on which we offer to supply our services to you. Please read these Conditions carefully. References in these Conditions to “you” and “your” are to you, the customer and to “we”, “us”, “our” and “Taxrebateservices” are to www.taxrebateservices.co.uk Limited.
2. Services
   You may request us to provide to you the following services: (i) preparing the necessary documentation in order to apply for a tax rebate from H.M. Revenue & Customs (“HMRC”) on your behalf (“Tax Rebate Services”); and/or (ii) preparing a self assessment tax return on your behalf (“Self Assessment Services”).  References to “Services” in these Conditions means either Tax Rebate Services and/or Self Assessment Services, whichever you request and we agree to undertake on your behalf.
3. How the contract is formed between you and us
   If you wish us to undertake Services for you, you should sign and return to us (i) the letter of assignment that we send to you, which authorises us to receive any tax rebate from HMRC on your behalf (the “Letter of Assignment”) and (ii) the “Authorising Your Agent” form, authorising us to act as your agent in respect of applying for a tax rebate from HMRC on your behalf (the “Authorisation Form”).  By signing and returning these forms you agree that you have read and accepted these Conditions and that you agree for us to act on your behalf in that capacity. The submission of the preliminary questionnaire via our website www.taxrebateservices.co.uk does not constitute instructions to us to provide Services on your behalf.
4. Contract Cancellation
   In accordance with the Consumer Protection (Distance Selling) Regulations 2000, you have the right to cancel your agreement with us within 7 working days beginning on the day after you post to us the Letter of Assignment and Authorisation Form.  However, if you instruct us to start work before the 7 working day period has expired, your right of cancellation will cease.   Cancellation must be notified to us in writing either by post, by hand, by fax or by e-mail within the 7 working day period.
5. Please note that the Letter of Assignment and the Authorisation Form appointing us to act on your behalf can only be cancelled or withdrawn if you write to HMRC and notify them of your wish to withdraw the appointment.
6. You acknowledge and agree that we may, in our absolute discretion and without cause: (i) decide not to respond to any email or questionnaire; (ii) decide not to investigate or pursue (or to continue to investigate or pursue, as the case may be) any claim for a tax rebate; and/or (iii) decide not to prepare or continue with the preparation of a self assessment tax return.  In such circumstances we shall notify you promptly of such decision (but need not provide a reason for such decision) and no fee shall be payable to us.  If you have already paid us a fee in respect of such Services, we will promptly reimburse it to you.
7. Information Requests
   You agree promptly to supply the necessary information and documentation we request to enable us to provide the Services on your behalf.  You understand that all information that you provide to us for this purpose must be accurate and correct.  If you fail to give us accurate and correct information and we submit that information to HMRC in respect of the provision of the Services, you will be fully liable for the consequences.
8. Telephone Advice
   No advice is given via the telephone by us and any statements made via the telephone should not be relied upon. RELIANCE ON ANY ADVICE GIVEN VIA THE TELEPHONE IS AT YOUR OWN RISK AND TAXREBATESERVICES SHALL NOT BE LIABLE FOR ANY STATEMENTS MADE VIA THE TELEPHONE.
9. Submission of Self-Assessment Tax Return
   You acknowledge and agree that, as part of the Self Assessment Services, we may submit to HMRC on your behalf a self assessment tax return online without sending a copy of the form to you for your approval prior to the submission of the form.
10. Correspondence to HMRC
    Please note that we cannot accept any post or correspondence that is addressed to or meant for HMRC.  We will return all such post and correspondence to you wherever reasonably possible to do so.
11. Price and Payment
    In consideration of our provision of Tax Rebate Services to you (excluding any work undertaken by us in connection with any enquiry commenced by HMRC, which shall be subject to additional fees pursuant to Condition 13), you agree to pay to us 30% (inclusive of VAT) or 25% ( inclusive of VAT ) for overseas visitors of any tax rebate paid to you by HMRC pursuant to Condition 14 below. In the event that no tax rebate is granted by HMRC, no fee will be payable by you to us for Tax Rebate Services.
    All self assessment tax returns will be submitted on a no rebate no fee basis ( fee 30% inclusive VAT ) or on a fixed fee basis of £250 + VAT. Under the fixed fee self assessment service a fixed fee of £250 + VAT is imposed. The fee is payable to www.taxrebateservices.co.uk Ltd prior to submission of the self assessment tax return. All self assessment tax returns will be submitted under a no rebate no fee basis ( fee 30% inclusive VAT ) unless otherwise stated prior to signing the letter of assignment.
12. In consideration of our provision of Self Assessment Services to you (excluding any work undertaken by us in connection with any enquiry commenced by HMRC, which shall be subject to additional fees pursuant to Condition 13), we will agree with you in writing a fee payable by you for such Services.  The fee will be agreed between us and shall be payable prior to undertaking any work.
13. In the event that HMRC commences any enquiry whatsoever in respect of your tax position (including, without limitation, an enquiry under section 9A Taxes Management Act 1970 in respect of a self assessment tax return), we shall notify you in advance of responding to such enquiry of our fees for responding to and dealing with the enquiry on your behalf.  These fees will be payable in addition to the fees payable under Conditions 11 and 12 above.  If you do not agree the fee and/or do not pay the fee, we will not be obliged to respond to the enquiry and in such circumstances, will not be obliged to continue with any Services until you deal with the enquiry with HMRC.
14. By signing the Letter of Assignment, you agree that we can receive all tax rebates from HMRC on your behalf. You further agree that we are entitled to deduct our fee from any tax rebate received by us on your behalf.  We agree to pay to you the remainder within 14 days of receipt of such rebate from HMRC. In the event that any tax rebate is paid directly to you in error by HMRC, you agree to notify us immediately upon receipt of such payment and we shall invoice you for the amount of fees payable in respect of the provision of our Services, which shall be payable in accordance with Condition 11 above.
15. Payment of all invoices shall be due within 14 days of the date of the invoice.
16. You acknowledge and agree that our fees are non-refundable. If, as a result of a subsequent investigation or enquiry by HMRC, any tax rebate received by you becomes repayable to HMRC for any reason whatsoever, including (without limitation) the provision of incorrect information by you, we shall not be liable to refund to you any fee paid to us in relation to such rebate.
17. Appointment of Alternative Agents
    In the event that you engage another agent in addition to us to act on your behalf in connection with the Tax Rebate Services, the fees payable for our Services remain payable from any tax rebate received by you or on your behalf pursuant to Condition 11 above.
18. Our Liability
    WE SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR COSTS (INCLUDING, WITHOUT LIMITATION, LEGAL FEES) RESULTING FROM: (i) INCORRECT INFORMATION PROVIDED BY YOU; (ii) THE LOSS OR DELAY OF ANY FORM, DOCUMENT OR OTHER PAPERWORK IN THE POST; (iii) ANY MISTAKES OR ERRORS MADE BY HMRC; (iv) ANY REFUSAL BY HMRC TO GRANT A TAX REBATE; OR (v) ANY DELAY CAUSED DIRECTLY OR INDIRECTLY BY HMRC.
19. In the event that the self assessment tax return, to be submitted as part of the Self Assessment Services, is not received by HMRC prior to the deadline of 31st January for reasons other than our negligence, we shall not be liable for any late penalties imposed by HMRC.
20. WE ACCEPT NO LIABILITY FOR ANY LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS, LOSS OF PROFITS OR CONTRACTS, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA, WASTE OF MANAGEMENT OR OFFICE TIME OR FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND HOWEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
21. SUBJECT TO CONDITIONS 18 TO 20 INCLUSIVE, OUR TOTAL AGGREGATE LIABILITY UNDER OUR AGREEMENT WITH YOU, WHETHER FOR ANY NEGLIGENCE, BREACH OF CONTRACT OR OTHERWISE, SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE TOTAL AMOUNT OF FEES PAID TO US BY YOU FOR OUR SERVICES. Nothing in these Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any matter for which it would be illegal for us to exclude.
22. Force majeure
    We shall have no liability to you under this agreement if we are prevented from, or delayed in performing, any of our obligations under this agreement or from carrying on our business by acts, events, omissions or accidents beyond our reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes, failure of a utility service, act of God, fire, flood, storm, accident, war, riot, civil commotion, malicious damage or compliance with any law or governmental order, rule, regulation or direction.
23. Miscellaneous
    If any provision of these Conditions is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable to any extent, such provision will to that extent be severed from the remaining Conditions and provisions which will continue to be valid to the fullest extent permitted by law.
24. Any failure to exercise or any delay in exercising a right or remedy in connection with these Conditions shall not constitute a waiver of that right or remedy or of any other rights or remedies. A waiver of any breach of any of the terms of these Conditions or of a default under this Conditions shall not constitute a waiver of any other breach or default and shall not affect the other terms of these Conditions.
25. These Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of these Conditions and shall supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. You and we acknowledge that, in entering into the agreement with us, you and we have not relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between you and us prior to such contract except as expressly stated in these Conditions.
26. A person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
27. Governing Law
    This agreement and all matters arising in connection with it shall be governed by the laws of England and Wales.