The Company Wizard Ltd - Terms and ConditionsLast updated: 17th May 2018
"Service(s)" shall mean any or all of the services provided by The Company Wizard Limited under the Electronic Incorporation Wizard.
"The User" the individual who will use the Service under the terms and conditions described herein.
"Payment Service Provider" The Company responsible for collecting payments from the User in return for access to the Service.
"The Website" refers exclusively to The Company Wizard website at www.promotionalpen.cn.
"Data Controller" means the entity which, alone or jointly with others, determines the purposes and means of the Processing of Personal Data;
"Data Protection Legislation" means
a) any legislation in force from time to time in the United Kingdom which implements the European Communitys Directive 95/46/EC and Directive 2002/58/EC, including, but not limited to, the DPA and the Privacy and Electronic Communications (EC Directive) Regulations 2003;
b) from 25 May 2018 only, Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR);
c) any other legislation in force from time to time in the United Kingdom relating to privacy and/or the processing of Personal Data; and
d) any guidance or statutory codes of practice issued by the Information Commissioner or the European Data Protection Board set up under GDPR in relation to such legislation;
"DPA" means the Data Protection Act 1998;
- The User will not be asked to pay for the Service until he/she has entered all the required information on the system. By completing a payment on our Payment Service Provider the User acknowledges that the information entered on the system will be transmitted to Companies House for the purpose of incorporating a limited company.
- If payment for the Service is made by cheque or bank transfer then the application will be processed only when we have received confirmation of the cleared payment.
- All orders are accepted on the basis that the individual who is placing the order is liable for payment.
3. Refund Policy
- The User acknowledges that the decision to issue a refund will be held at the sole discretion of The Company Wizard and will be based on the current status of the application. If an application has already been sent from The Company Wizard to Companies House, the decision to issue a refund will be based on whether the application is successfully processed by Companies House. If the application is successful the User will not be entitled to a refund as The Company Wizard would be deemed to have completed the Service and would not be in a position to recover its losses incurred as a result of carrying out the service on the Users behalf.
- The User undertakes to ensure that the decision to incorporate a company using the Service has been fully considered and The Company Wizard reserves the right to issue a refund at its sole discretion.
- The User undertakes to ensure that all information has been entered onto the system accurately and in full. The User accepts full liability for such information and acknowledges that the information will be sent to Companies House without intervention or error checking from The Company Wizard.
- The Company Wizard shall not be responsible for any loss of data resulting from delays, corruption of data, nondeliveries, misdeliveries or service interruptions.
- Except to the extent of The Company Wizard s gross negligence or willful misconduct, neither The Company Wizard nor any of its subsidiaries or network service providers will be responsible for any unauthorised access to the Users account details or for unauthorised access to or alteration, theft or destruction of User information as a result of a breach in security, or through accidental or divisive means.
- In no event will The Company Wizard be liable or responsible to Users of the Service for any type of incidental, punitive, direct, indirect or consequential damages, including, but not limited to, loss of revenue, lost profits, replacement goods, loss of technology, rights or services, loss of data, or interruption or loss of use of service or equipment, even if advised of the possibility of such damages, whether arising under theory of contract, tort (including negligence), product liability, strict liability or otherwise.
- Notwithstanding anything to the contrary in this agreement, The Company Wizard's maximum liability under this agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) shall not exceed the actual pound sterling amount paid by the Customer for the Services which gave rise to such damages, losses and causes of actions during the 3-month period prior to the date the damage or loss occurred or the cause of action arose.
- Users of the service agree to indemnify and hold harmless The Company Wizard (including, but not limited to, The Company Wizard s officers, agents, partners, employees and subsidiaries from any claim arising from the User or any third party as a result of using the Service.
- The Service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement.
- The Company Wizard expressly disclaims any representation or warranty that the Service will be error-free, secure or uninterrupted.
- No oral advice or written information provided or published on the Website by The Company Wizard or its employees will create a warranty; nor may Users rely on any such information for advice. The Company Wizard and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the Service.
6. Limited Warranties
- The User agrees to use the Service and any information obtained through or from The Company Wizard at his/her own risk.
- The User acknowledges that The Company Wizard exercises no control over what information is entered into the system and accepts no responsibility for the information transmitted though the use of the Service.
- The information set out within the Website and as part of the Service is provided in good faith and on the understanding that neither The Company Wizard nor any of its employees, partners or subsidiaries are engaged in rendering legal advice.
- The Company Wizard will use all reasonable endeavors to meet the time estimates provided on the Website however these are only estimates and The Company Wizard will not be liable for delay caused by any third party or unavailability of any associated web services. Quoted turnaround times for company incorporations are based on normal business hours 9:00 AM to 5:00 PM , Monday to Friday (Excluding public or bank holidays).
7. Registered Office and Mail Forwarding Services
- Before any mail forwarding services can be rendered to the User, it is the responsibility of the User to complete a Money Laundering Identification check. No mail will be forwarded from The Company Wizard or any service supplied until the identification has been presented and verified. All such identification must be supplied within 2 months of the order, failure to comply will result in the termination of any business relationship.
- The User undertakes to ensure that the full address as specified by The Company Wizard on commencement of the service is used for all inbound items. The Company Wizard cannot ensure receipt of mail that is forwarded with an inaccurate or incomplete address.
- The User must ensure that all inbound mail includes the company name name declared and agreed by The Company Wizard upon registration of the service. We cannot ensure safe delivery of items where the company name is missing or substituted for an individuals name.
- Only one company name can be associated to a single subscription for the Registered Office and Mail Forwarding Service. It will not be permissible to assign multiple company names to a single subscription.
- The user undertakes to ensure that a balance of funds is maintained on their account to guarantee continuous forwarding and delivery of mail items received by The Company Wizard Ltd. Should the balance of funds be insufficient to forward any items received, the User will be duly notified and given the opportunity to replenish the mail forwarding funds.
- If The Company Wizard are unable to forward an item of mail due to insufficient mail forwarding funds, missing or incomplete forwarding address, non-compliance of Money Laundering Regulations, expiry of subscription or any other eventuality that makes it unviable for the mail item to be forwarded The Company Wizard will hold the respective mail until such restrictions have been resolved. Mail held for any reason will be quarantined for a period of no less than 3 calendar months. If it is still not possible to forward the mail at the end of this period, the item will be returned to the sender.
- Any large items received will be held for a maximum period of 3 months and The Company Wizard will seek to make arrangements with the User to facilitate the forwarding of such items. For large items exceeding 40 cm in any given dimension, The Company Wizard Ltd reserve the right to levy an additional storage charge for the duration that the item is in our care.
- The User guarantees not to engage in any fraudulent activity or use the Registered Office and Mail Forwarding Service to facilitate any fraudulent activity. This extends to any business practices deemed to be unethical by the appropriate regulatory authorities and would pose reputational risk to The Company Wizard Ltd. The Company Wizard Ltd reserve the right to terminate the service of any User found to be engaged in fraudulent or unethical activities or any other business practice that solicits a large number of complaints or attention from law enforcement or regulatory bodies. Any termintation of services on the above grounds will be done so without compensation. The Company Wizard cannot be held liable for costs or damages incurred to any third-party in the event of the User engaging in fraudulent or unethical practices.
- The Company Wizard Ltd cannot be held liable for any costs incurred for mail that goes missing or is damaged whilst in transit to or from the office. No warranties are granted to any User in any such way that would guarantee safe delivery of items or completion of delivery within a specific time-frame.
- The User should not arrange delivery of valuable items (Exceeding £50). The User acknowledges that items will not be stored in a safe or vault and no insurance over such items can be guaranteed while they are on-premise or in transit.
- The Company Wizard agree to protect the Users personal information in accordance with Data Protection Legislation and will only disclose information to government authorities such as the Police, Trading Standards and any regulatory department within the Department for Business, Energy & Industrial Strategy.
- The User must arrange pre-authorisation for deliveries that exceed 80cm in any given dimension or weigh in excess of 10kg. We cannot accept liability for any costs associated with returned deliveries due to a failure to seek authorisation on these grounds.
- From time to time it may be necessary for us to open mail in cases where we're unable to identify a recipient account holder. You may also instruct us to open and digitally scan mail in order to expedite the receipt of time sensitive information that you may be dependent on. In rare circumstances where we are unable to forward your physical mail in a timely fashion (e.g. postal strikes, or other events outside our control), we may temporarily revert to opening and scanning mail to ensure safe delivery.
- The Company Wizard undertake to forward a limited volume of mail from Companies House and HMRC free of charge. Items that are dispatched from Companies House or HMRC using a third-party distributor cannot be forwarded free of charge, in such cases we will attempt to use any pre-existing credit on your account to forward the mail and where this is not possible we will notify you accordingly.
8. Downloadable Media
- Due to the digital nature of the documents, no automatic right of refund or cancellation exists after a document has been purchased by you in accordance with Regulation 13 of the Consumer Protection (Distance Selling) Regulations 2000.
- You should ensure that any information supplied by you is correct before proceeding to payment. The Company Wizard does not accept responsibility or offer refunds if you provide incorrect information. We cannot be held responsible for any errors made by you entering incorrect information. You may use the documents as many times as you wish subject to these Terms and Conditions. We recommend that you check the Website regularly to ensure that the documents are the latest version before re-use. Changes in the law will render certain documents out of date from time to time and you will not be notified if any particular document has been amended.
- Although our systems are programmed to deliver your link to the download area on completion of payment, we will not be held liable for technical failures preventing this from occurring. If such an incident arises we will make all reasonable effort to ensure the link is delivered as quickly as possible.
- The information and documents available on the Website are provided on an "as is" basis without any representations or endorsements made and without any warranty of any kind whether express or implied, including but not limited to implied warranties of fitness for purpose, merchantability and accuracy.
- No content available on the Website or any downloadable media is intended to constitute legal advice of any sort, and the basis on which you acquire or make use of any information or document is that the information or document is suitable for use by you in conjunction with proper advice as to its application and adaptation for your particular requirements. We will not have any liability to you at all if you use any information or document without obtaining appropriate legal advice nor will we have any responsibility at all for any alterations made to the document after you have received it.
9. Data Protection
The Company Wizard hereby confirms and acknowledges that:
- It is a Data Controller in relation to the Customers Personal Data;
- it shall at all terms comply with the Data Protection Legislation
10. Force Majeure
- No failure or omission between The Company Wizard and the User to carry out or observe the terms and conditions of this agreement shall give rise to any claim against the other party if such failure or omission is the result of an event that is outside the reasonable control of that party (a Force Majeure Event).
- If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in force.
12. Governing Law and Jurisdiction
- The provisions set forth in this agreement shall be governed and construed by English law, and each party agrees to submit to the exclusive jurisdiction of English Courts.
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