Terms & Conditions
CUSTOMER - The person, partnership, body corporate, organisation or firm that places the order for goods or services.
DIRECTORS - This includes shadow directors, former directors, current directors and future directors.
EXCHEQUER - This includes "Exchequer Business Services (Northern) Limited" or any other style) , its directors, servants, employees , subcontractors, associated, connected or subsidiary companies, whether registered in UK or any other jurisdiction.
COMPANY- A readymade or "made to order" company sold or supplied by EXCHEQUER.
- These terms and conditions shall be subject to English Law.
- All companies shall remain the property of EXCHEQUER until payment is received in full. EXCHEQUER retains the right to object to any unpaid-for company trading, where payment is late as defined by these terms and conditions of trade. Any resignation of an EXCHEQUER associated or group company or employee from a position, or any transfer of subscriber shares in a company sold by EXCHEQUER , shall be totally contingent upon payment in full for the sale of that particular company within the terms of these conditions
- EXCHEQUER is entitled to approach the directors of any company for payment if the customer breaches the terms and conditions.
- All fees fall due for payment 30 days from the day of order. Thereafter payment is deemed as being late. The customer forfeits any rights to prevent EXCHEQUER undertaking searches to trace the directors of the company in the event of a payment default, including using third parties and third party searches and information.
- All other work undertaken shall also fall due for payment 30 days from ordering. Thereafter payment is deemed as being late.
- The customer agrees to settle all amounts within the payment period contained in the terms and conditions. Any credit or debit card details provided to EXCHEQUER for a service or product are authorised by the client for charging for future services or products that the client does not pay for by any other means within the allotted period of credit granted , when requested to do so.
- EXCHEQUER will not be liable for any losses or consequences which are a result, either directly or indirectly , as a result of any error, omission or mis-statement , either written, verbal ,electronic or otherwise which is made either knowingly or unknowingly or are implied or by inference, whether such losses are direct or indirect.
- Should any accounts remain unpaid after a period of 60 days EXCHEQUER reserves the right to invoke a collection fee per letter sent to obtain payment (following the first reminder).
- If interest and/or any collection fees or other expenses are incurred due to a levy by EXCHEQUER on a late payment, the debt shall not be deemed to be settled until all outstanding charges and levies have been satisfied.
- Documents which are produced by EXCHEQUER may not be copied by any means by the customer or any other person or body or organisation without the express written permission of EXCHEQUER save for reasons of making incidental photocopies or archive copies which themselves will not be copied further, and are incidental to the main business of the customer or director of the company or the company itself or to enable the proffering of professional advice to the company.
- EXCHEQUER will not act as an officer of any company purchased for any length of time subsequent to the purchase, save by express agreement in writing.
- EXCHEQUER is not responsible for forwarding any letters, mail, messages or deliveries of any kind for any company purchased save by express written agreement.
- EXCHEQUER shall retain title to any companies which are sold and reserves the right to declare null and void retroactively any share forfeitures or transfers which are made in respect of the sale, until the monies due in respect of that sale are remitted in full without dispute. All companies supplied with EXCHEQUER or an employee of EXCHEQUER as a subscriber are done so on the understanding that the said share has not and will not be paid for, but either forfeited or gifted according to the purchaser´s preference and free for issue to whomsoever they see fit.
- Any person or firm who places an order with EXCHEQUER on behalf of a third party and turns out not to have been authorised to undertake such a transaction shall bear full liability themselves for any monies due to EXCHEQUER .
- EXCHEQUER shall not be responsible or carry any liability in any way whatsoever, either directly or indirectly for any third party claims as a result of a claim for "passing off'' or similar action. All companies are set up in good faith without any intention to cause any similarity, association, confusion or misleading implication or connection with any other business or organisation wherever they may be. Any such claim or action brought by another party is the responsibility of the customer or director of the company to resolve or make good any losses or pay compensation, damages, fines or other payments or awards in connection therewith where appropriate.
- Where a power of attorney or similar document is drawn up the named party or its director if a body corporate, is fully responsible for all outcomes and consequences of any actions which arise as a result of the deeds and/or omissions of the company or those of its directors. EXCHEQUER shall take all necessary steps to protect its interests in the event of the company's activities or those of any of its officers or employees harming or potentially harming EXCHEQUER or any other person or organisation, partnership, firm or body corporate. No refunds are made for any unexpired terms of usage. The client must wholly and completely indemnify EXCHEQUER against any action, whether legal or otherwise, arising from the provision or supply of any nominee or secretarial service, whether as a result of a client's deed or omission, by the client in person or by their company. The client will notify EXCHEQUER of any action which may affect EXCHEQUER .
- EXCHEQUER may divulge information about the details of a purchase made or a service required to third parties where by doing so the directors consider that such actions are in the public interest or in the best interests of EXCHEQUER , or where a third party, who identifies themselves, makes a reasonable case for such information to be divulged. EXCHEQUER is not responsible in any way to any customer, person, firm, body, organisation or company for the consequences of divulging such information.
- EXCHEQUER takes no responsibility whatsoever for any act or omission of its agents. Any dealings with agents are done solely at the risk of the person seeking advice or guidance from an agent and the agent and their client/customer are the sole parties to any business conducted under privity of contract. An agent may not speak or imply anything on behalf of EXCHEQUER.
- EXCHEQUER is not liable for any problems, expenses incurred or losses, either directly or indirectly, which may arise as a result of the printing any stationery or entering into contracts or business relationships prior to the customer receiving the documents in their hand and checking that they are exactly as ordered.
- In the event of any dispute arising between EXCHEQUER and its customer EXCHEQUER may appoint an independent arbitrator to assist in a binding resolution of the problem.
- The customer (if not the end user) is responsible for advising the directors ,including new incumbents, of these terms and conditions insofar as they will be affected or bound by them.
- EXCHEQUER is not responsible for any mis-delivery or failure to arrive of any goods despatched. It is the customer's responsibility to prove that EXCHEQUER has failed to despatch the goods. Any claims for failure to deliver must be notified in writing. EXCHEQUER will not entertain any claims notified after 14 days from the date of despatch.
- Goods are normally despatched using Royal Mail. Couriers or hand delivery may be used at the discretion of EXCHEQUER.
- EXCHEQUER does not take responsibility for any mistakes in a spelling of a company name or a mismatch on a search, or for any other alleged error where special instructions are not followed, where instructions are received verbally or where a written instruction is ambiguous, unclear or handwritten.
- Where an error is the fault of EXCHEQUER this must be notified within 14 days of the date on the invoice, in writing.
- EXCHEQUER is not responsible for any delays caused in the process of incorporation where they occur as a result of a third party action or inaction. EXCHEQUER may not be held to any specific timescales or limits which may been have advised to a customer or prospective customer, as they are for guidance only.
- It is the responsibility of the customer to ensure that their instructions are safely received and acted upon by EXCHEQUER.
- EXCHEQUER is not responsible for the non-delivery or mis-delivery of any instructions, however they are transmitted or sent, nor for the misunderstanding of any verbal instruction.
- Registered office and director or other officer's service address facilities will cover the passing on of all official letters e.g. HMRC, Companies House. EXCHEQUER is not obligated to forward "junk mail" or other business or personal mail, goods or deliveries of any kind. Any expenses incurred either directly or indirectly in connection with any forwarding of unofficial letters may be charged at our discretion to you or your company. Should the volume of mail become excessive EXCHEQUER reserves the right to renegotiate the terms of this agreement. EXCHEQUER is unable to accept telephone calls on the company's behalf. EXCHEQUER do not take responsibility for the safe delivery of post by the postal service or any courier service. Letters are normally despatched by regular post, including renewal notices .It is your responsibility to arrange renewal. If EXCHEQUER has reason or grounds to suspect that the registered office address or the company is involved in any criminal activity, default of debt, adverse judgment or any similar matter it reserves the right to terminate usage thereof without notice. EXCHEQUER shall take all necessary steps to protect its interests in the event of the company's activities or those of any of its officers or employees harming or potentially harming EXCHEQUER. No refunds are made for any unexpired terms of usage.
- For renewal fees on any annual service, including offshore services, EXCHEQUER reserves the right not to send further reminder notices following the transmission by any means of the original reminder. EXCHEQUER is not responsible for the consequences of a failure or omission in connection with renewal notices and fees. The customer is responsible for approaching EXCHEQUER to check up on any important or landmark dates for any possible or likely renewal or progress therein.
- Any service which expires at the end of a specified period of time will automatically be renewed unless the client advises to the contrary 7 days prior to the date of renewal, in writing. Once the renewal date has passed the liability for the whole of the next period shall be effective. The maximum period shall be one year unless specified otherwise in writing by EXCHEQUER. Any reminder or relevant paperwork which may have been issued by EXCHEQUER at any point prior to or subsequent to an anniversary or renewal or similar date shall not compromise the crystallisation of the liability and all fees and invoices shall require settling.
- EXCHEQUER acts as an agent for the customer when dealing with Companies House or any other registry or Revenue authority in any jurisdiction. Any fees, levies , fines, excises , penalties , excess charges, licences ,duties, taxes, registration fees, search fees or other costs incurred are done so on behalf of the customer as a disbursement.
- Where EXCHEQUER provides information or references on a third party or on a customer themselves this is done so in good faith as an agent on behalf of the customer. The customer should not rely on such information or implied information or omissions as a result of the information as a sole means of coming to a decision. They should only use such information as one factor in coming to their decision. EXCHEQUER takes no responsibility for the content and form of information supplied as it emanates from information providers other than EXCHEQUER who are merely agents and distributors. EXCHEQUER will not be liable for any losses or consequences which are a result, either directly or indirectly, as a result of any error, omission or mis-statement , either written, verbal ,electronic or otherwise which is made either knowingly or unknowingly or is implied or by inference, whether such losses are direct or indirect as a result of a search or credit check or other information provided. Information provided to you by us which emanates from third parties is subject to the terms, conditions and prices that the party has agreed or imposes on EXCHEQUER and subject to changes and fluctuations as a result of that third party´s action. We reserve the right to amend or cancel the service or amend the price as a result of the actions of a third party who is the ultimate supplier of any service or information that we are supplying to you.
- Where names are checked at the Companies House registry this is for guidance only and should not be taken as conclusive evidence or proof that a name will be available or allowed by the Registrar. EXCHEQUER is not responsible for any subsequent objections to the usage of a company name.
- Opinions and recommendations made by EXCHEQUER do not constitute professional advice and no duty of care is owing to the customer or any other party, unless responsibility is expressly guaranteed in writing by a professionally qualified director of the company acting as an agent of the company. If a purchaser finds that the company purchased is unsuitable in any way or form for their circumstances, whether due to an advisory error by EXCHEQUER or due to a printing error or failure in the memorandum and articles, EXCHEQUER’s liability shall not exceed the cost of purchasing the company. EXCHEQUER shall not be liable for losses claimed by a customer, for any service carried out, beyond the sum of £1,000 in aggregate and in any event such a payment does not constitute an admission of liability or fault, but is entirely ex-gratia.
- EXCHEQUER is of the opinion and would strongly recommend that customers seek appropriate professional advice at all times prior to, during and subsequent to dealing with EXCHEQUER. Such advice is not provided by EXCHEQUER unless expressly agreed in writing that the advice is being given and that the advice itself is given in writing by a professionally qualified director acting as an agent of the company.
- EXCHEQUER reserves the right to charge a reasonable cancellation fee for any service requested and terminated by the client. MLR checks and Vectis are non-refundable.
- EXCHEQUER does not take into account trademarks, patents, trading styles, logos , service marks etc or any other proprietary designation or mark when incorporating a company whether readymade or off the shelf, or for name changes or in the dispensing of advice.
- EXCHEQUER will not accept any delivery of goods or paperwork or mail on behalf of a client or a client's company.
- EXCHEQUER will only supply services and companies for legal and proper uses. The client is responsible to ensure that they use the company or service for legal and bona fide purposes, and must inform EXCHEQUER if this is not the case.
- Where seminars, lectures or similar events are organised by EXCHEQUER whether solely or on a joint basis, EXCHEQUER shall not be responsible for any loss or theft of belongings of delegates or attendees, however caused. Similarly EXCHEQUER is not responsible for the content of any lecture or seminar or of any accompanying printed matter, and the onus of verification of any information or data contained therein shall rest with the user thereof. Lectures and seminars are organised subject to these terms and conditions as well as any other terms which may be run for the promotion or advancement of the seminars or lectures. Books and literature are sold by EXCHEQUER subject to a policy of no refunds. EXCHEQUER is not responsible for the contents of any book or printed matter which it sells. It acts merely as a retailer. Catalogues, prices and delivery policy may vary without notice.
- The client agrees to be bound by these terms and conditions, which are available for inspection by written request free of charge.
- Should any service or alteration requested incur any further expense not quoted for EXCHEQUER may make any further charges as it sees necessary.
- EXCHEQUER may amend, update, revoke, change or alter in any manner these terms and conditions of trade without notice or sending amended copies to those who are bound by them.
- Professional intermediaries acting on behalf of third parties acknowledge their duty under "know your client" and anti-money laundering regulations and warranty to EXCHEQUER that they will undertake appropriate levels of checking to meet the regulatory thresh-hold. EXCHEQUER reserves the right to ask for proof of steps taken to verify the identity of a client (or clients in general) for whom the intermediary is acting. Failure to provide such proof may be deemed to be a reportable event to the authorities. You agree to EXCHEQUER relying upon you when you are reasonably expected to have undertaken checks on your clients as a result of you being regulated or falling within the MLR 2007 regulations.
- All customers consent to EXCHEQUER performing anti-money laundering checks on themselves or their clients. This may leave an electronic footprint on your credit history file but is NOT a creditworthiness check.
- Non-trading dormant companies are purchased for name protection purposes only. If the company trades without paying the appropriate fee to obtain permission from EXCHEQUER to trade or hold assets or cash or investments to intellectual property the company shall be liable for a further fee as per the price list in force at the time of purchase. Where the company has been purchased on behalf of a third party EXCHEQUER may go after either the purchaser or the third party for any fees due. The purchaser agrees to make any third party aware of this condition.
- Company restorations and formations are undertaken on the basis that information supplied by clients is accurate and truthful. Any costs incurred at a later stage due to negligence, delay or error on part of the client shall be borne by the client. If the client cancels the service after EXCHEQUER has commenced work, or if the client fails to respond to information requests from EXCHEQUER, no refund will be given save for any statutory fee or disbursement that has not been paid over yet to the relevant recipient. Where an information request remains outstanding for over 3 months due to the client´s failure to respond adequately, EXCHEQUER reserves the right to close the case without refunding the client EXCHEQUER ´s fees.
- EXCHEQUER is not responsible for losses incurred as a result of delays in the performance of any service or delivery of any product, however such a delay may have occurred.
- Where a cashback or similar type of scheme is in operation EXCHEQUER reserves the right to allot any payments against outstanding customer balances.
- Where you request a bank account through The Business Bank Account Referral Service you confirm that you agree to your details being submitted on your behalf to Barclays Bank and to being contacted directly by Barclays Bank for the purposes of fulfilling the bank account request.
- Where you request a bank account through The Business Bank Account Referral Service on behalf of a third party for whom you are making a company formation application, you confirm that the third party has agreed to their details being submitted on their behalf to Barclays Bank for the purposes of fulfilling the bank account request.
- The Business Bank Accounts are opened by and provided by Barclays Bank and subject to the terms and conditions as set forth by Barclays at the time of account opening.
- EXCHEQUER reserves the right to amend or curtail any offers or promotions without notice. Anybody enrolled or participating in any promotion at the time of amendment or curtailment has no entitlement to compensation or refund for a service purchased as a result of inducement or persuasion to purchase by that offer that was in place at the time of their purchase.