Company Formation Company.co.uk ("Company
Formation Company" or "The Company Formation Company" - which definition
shall also include any person, firm or organisation providing any service or information
to Company Formation Company). Company Formation Company provides its services
("Services" - which definition shall also include this Web site and all the
information and data provided to you via this Web site) to you subject to the following
notices, terms and conditions ("Terms").
BY USING THE SERVICES YOU ARE DEEMED TO HAVE ACCEPTED
ALL OF THE NOTICES, TERMS AND CONDITIONS THAT APPEAR BELOW AND AGREED TO BE BOUND BY THEM.
YOU MAY NOT USE THE SERVICES IF YOU DO NOT ACCEPT THESE TERMS.
Warranties, Liability and Disclaimers
Your use of this Web site is at your own risk. We do not
represent or warrant that the contents of our Web site are accurate, complete, useful,
up-to-date or accessible although we have endeavoured to ensure that the content of the
Web site is correct at time of publication. This Web site is not intended to be for your
specific needs. We do not accept any liability for the contents of the Web site or its
accessibility. You should verify the accuracy of any information before you act upon it.
By showing links to other Web sites we do not give any approval or endorsement and we
accepts no liability for loss arising from your following such links or using any service.
We do not have any liability to you arising out of your use of this Web site.
Company Formation Company provides the Services to you on
an "as is" basis. Company Formation Company has made efforts to ensure that the
information contained in the Services is accurate but does not give any warranty,
guarantee or other term or representation of any kind, either express or implied, as to
the completeness or accuracy of any such information or services provided.
All material provided through the Services is for
informational purposes only and must not be interpreted as an endorsement or otherwise of
any specific person, firm, company or other organisation by Company Formation Company. You
are advised to exercise the standard of care in selecting or contacting any person, firm,
company or other organisation from the Services as would be appropriate in selecting or
contacting any other person, firm, company or other organisation with whom you have not
previously dealt. The Services neither offer nor purport to offer any advice on any
subject, and nothing contained in the Services is intended to be given or taken as advice
on any subject.
The Services shall be provided in such manner at such
times and in such places as Company Formation Company shall from time to time in its
absolute discretion determine. Company Formation Company reserves the right to modify,
alter the nature of or discontinue the Services or any part of the Services without
Company Formation Company shall not be liable for any
typographical or other errors or omissions in the Services.
Except as may be specifically stated herein, to the
fullest extent permitted by applicable law, in no event shall Company Formation Company,
nor any of its directors, employees or other representatives be liable for any damages,
loss or claim of any kind howsoever arising out of or in connection with the use of the
Services including (without limitation) compensatory, direct or indirect, special,
punitive, consequential or exemplary damages, lost profits, lost sales or business, lost
data or inability to use data, loss of or damage to property and claims of third parties
irrespective of whether Company Formation Company or any of its directors, employees or
other representatives has been informed of, knew of, or should have known of the
likelihood of such damages. This limitation applies to all causes of action including
(without limitation) breach of contract, breach of warranty, negligence, strict liability,
misrepresentation and other torts, although Company Formation Company does not seek to
limit its liability for death or personal injury caused by their negligence.
If Company Formation Companys limitation of
liability set out in this agreement shall for any reason whatever be held unenforceable or
inapplicable in whole or in part, or in the event that a judgment is awarded against
Company Formation Company arising out of your use of the Services (other than in the case
of death or personal injury) you hereby agree that Company Formation Companys entire
liability to you or anyone claiming through you, whether in tort or contract, arising out
of any one incident or series of connected incidents shall in any event not exceed the
cost of all services you have purchased from Company Formation Company in the 12 months
preceding the date of any claim.
Payment and Refunds
You will not be asked to pay for the Service until you
have entered all the required information on the system. By completing a payment on our
Payment Service Provider you acknowledge 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.
You confirm that your decision to incorporate a company using the Service has been fully
considered. The decision to issue a refund will be at the sole discretion of Company
House. All orders are accepted on the basis that you acknowledge that if an application
has already been sent to Companies House, you will not be entitled to a refund. You
acknowledge that it is your responsibility to ensure that the company name you wish to
incorporate is possible for you to incorporate in accordance with the guidelines applied
by Companies House and that all the other information you are required to provide is
complete and correct and in accordance with the requirements of Companies House at the
time of your application, and you understand and agree that no refund will be due to you
if Companies House refuses your application. You acknowledge that it is your
responsibility to ensure that the company name and all other information you enter is
correct as you intend it, and that incorporation and any other services you order will
proceed on this basis and no refund will be due to you if you later decide you have
entered information incorrectly. You further acknowledge that Company Formation Company
uses an automated process and that communication in respect of your order will be by email
and it is your responsibility to provide a valid and functioning email address at which
you can receive and if necessary reply promptly to any communications which Company
Formation Company or its agents may send to you in the course of providing the Services.
The data, information and material contained in the
Services, all Web site design, text and graphics and the selection and arrangement thereof
and all software used to operate the Services and the trademarks, logos and other
intellectual property used in connection with the Services are the property of Company
Formation Company. No licence of any such intellectual property rights is granted to you
as a result of your use of the Services. Other product and company names mentioned in the
information provided in the Services may be the trademarks of their respective owners.
This agreement constitutes the entire agreement and
understanding between Company Formation Company and you. It supersedes any previous
agreement or understanding and may not be varied except in writing between us. All other
terms and conditions, express or implied by statute or otherwise, are excluded to the
fullest extent permitted by law.
Any notice required or permitted to be given by either
party to the other under these Terms shall be in writing addressed to the other party at
its registered office or principal place of business or such other address as may at the
relevant time have been notified pursuant to this provision to the party giving the
No failure or delay by either party in exercising any of
its rights under this agreement shall be deemed to be a waiver of that right, and no
waiver by either party of any breach of this agreement by the other shall be considered as
a waiver of any subsequent breach of the same or any other provision.
If any provision of this agreement is held by any
competent authority to be invalid or unenforceable in whole or in part, the validity of
the other provisions of this agreement and the remainder of the provision in question
shall not be affected.
Any dispute arising under or in connection with this
agreement or the Services shall be referred to arbitration by a single arbitrator
appointed by agreement or (in default) nominated on the application of either party by the
President for the time being of The British Computer Society in accordance with the rules
of The British Computer Society.
This Agreement shall be governed and construed in all
respects in accordance with English law and the parties irrevocably agree to submit to the
sole and exclusive jurisdiction of the English Courts. The Services are not directed at
people in any other country and should not be relied upon by people of any country other
than the United Kingdom. You are responsible for compliance with the laws of your local
jurisdiction regarding the use of the Services.