1. These Terms
(1.1) What these terms cover. These are the terms and conditions on which we will work with you to progress a tax rebate submission. This submission may result in a repayment of tax your right to which you will sell to us in accordance with these terms and conditions. Please read these terms carefully before you sign the Deed of Assignment. These terms tell you who we are, how we will undertake the transfer request, how you and we may change or end the contract, what to do if there is a problem and other important information. Your particular attention is drawn to the provisions of:
(a) Clause 9.3 regarding our obligation to pay sums to you, and
(b) Clauses 3.7 and 3.8 regarding our authorization to apply for future tax rebates for you.
2. Information about us and how to contact us
(2.1) Who we are. We are Tax Credits Ltd, a company registered in England and Wales. Our company registration number is 12481832 and our registered office is at Regus, Brunel House 15th floor 2 Fitzalan Road Cardiff CF24 0WB
(2.2) How to contact us. You can contact us by writing to us at our registered office or emailing us at firstname.lastname@example.org
(2.3) How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provide to us via our website.
(2.4) "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
(3.1) How we will accept your request. Our acceptance of your request will take place when we email you to confirm that we have accepted your Tax Rebate Form, at which point a contract will come into existence between you and us and your legal and equitable right and interest in any tax rebate arising from the claim will transfer to us.
You warrant that no claim for tax rebate has been submitted to HMRC for you for the current or any previous tax year.
(3.2) If we cannot accept your request. If we are unable to accept your request for any reason, we will inform you of this in writing and we will not charge you anything.
(3.3) Your reference number. We will assign a unique reference number to the request and tell you what it is when we forward it. It will help us if you can tell us the unique reference number whenever you contact us.
(3.4) Commencement. We will begin to progress the request at the end of the period set out in clause 4.5. The estimated completion date is usually between 6 and 12 weeks, though as this is dependent on a number of factors we do not guarantee any dates.
(3.5) If you do not provide us with information. If we are unable to progress the request due to you failing to promptly provide us with requested information (including any identification documents required under clause 6) we may end the contract. We will not be responsible for any delay in progressing the request, or for not completing the request, if these arise as a result of you failing to provide us with requested information within a reasonable time of us asking for it.
(3.6) Non-provision of tax advice. Please note, for the avoidance of any doubt, that we do not provide any tax advice of any nature whatsoever and nothing on our website or any correspondence with you should be taken as tax advice.
(3.7) Additional submissions. (in the instance that you have signed online or have provided additional instruction) In making your request for us to apply for a tax rebate you also request and authorize us to make a similar application at the start of the next tax year unless you notify us in writing that you wish to revoke this request and authority and these terms and conditions shall apply to this additional submission.
(3.8) Use of your signature. (in the instance that you have signed online or have provided additional instruction) In order to comply with the request in clause 3.7 you authorize us to scan the signature(s) that you provide to us and use such scanned signature(s) for the purposes of making applications pursuant to clause 3.8 including (but not limited to) applying such scanned signature(s) to HMRC application forms and deeds of assignments.
4. Your rights to end the contract
(4.1) You can end your contract with us in certain circumstances. Your rights when you end the contract will depend on whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what we have said we will do has been misdescribed you may have a legal right to end the contract (or to get us to do what we said we would), see clause 6;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 4.2;
(c) If you have just changed your mind, see clause 4.3. You may be able to do so if you are within the cooling-off period.
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 4.5.
(4.2) Ending the contract because of something we have done or are going to do. If you are ending the contract for a reason set out at (a) to (d) below the contract will end immediately and we will cease to progress the request and reassign to you the legal and equitable interest to any tax rebate due though you shall only be entitled to 52% of any tax rebate that is made in the event that a rebate is paid as a result of our actions in progressing the request and we shall be entitled to the rest (with the provisions of clause 8.3 applying). The reasons are:
(a) we have told you about an upcoming change to what we will do or these terms which you do not agree to;
(b) we have told you about an error in the amount payable to you or description of what we will do and you do not wish to proceed;;
(c) there is a risk that progress of your request may be significantly delayed because of events outside our control;
(d) you have a legal right to end the contract because of something we have done wrong.
(4.3) Exercising your right to change your mind. You have a legal right to change your mind within 14 days. These rights are explained in more detail in these terms.
(4.4) How long do I have to change my mind? You have 14 days after the day we email or write to you to confirm acceptance of the request. You can email us at email@example.com or write to us using the cancellation form at the bottom of these terms and conditions.
(4.5) Ending the contract where we are not at fault and there is no right to change your mind. If we are not at fault and you do not have a right to change your mind (see clause 4.1), you cannot end the contract before it is completed. The contract is completed when we have finished your request and have paid you for the assignment of your legal and equitable interest in any tax rebate to us (see clause 8).
5. How to end the contract with us (including if you have changed your mind)
(5.1) Tell us you want to end the contract. To end the contract with us, please let us know by completing the cancellation form at the bottom of these terms and doing one of the following:
(a) By email. email us at firstname.lastname@example.org Please provide your unique reference number and your name and address.
(b) By post. simply write to us at our registered office including your unique reference number and your name and address.
(5.2) When a rebate will be made. We will make any rebates due to you as soon as possible. If you are exercising your right to change your mind then your rebate will be made within 14 days of your telling us you have changed your mind or our receipt of it, whichever is the later.
6.0 Identification documents
(6.1) When making your request you understand and agree that you must provide evidence of your identity by providing us with two identification documents (we will advise you separately as to what documents we can accept) at least one of which must show your photograph and at least one of which must show your address.
7. Our rights to end the contract
(7.1) We may end the contract if you break it. We may end the contract at any time by writing to you if you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to progress the request.
8. If there is a problem with US
(8.1) How to tell us about problems. If you have any questions or complaints about us, please contact us. Please write to us at our registered office or email@example.com
9. Price and payment
(9.1) In consideration of you assigning to us the legal and equitable interest to any tax rebate arising as a result of the tax rebate submission that you request us to make for you, we shall pay to you an amount equal to 52% of any such tax rebate (the "Price").
(9.2) Once any tax rebate has been received by us from HMRC we will send the Price by cheque or bank transfer to you within 14 days of our receipt from HMRC subject to you having provided us with your identification documents referred to in clause 6.1. Any failure to provide such documents may cause a delay to our payment of the Price, and should you fail to provide such documents within 6 months of our receipt of any tax rebate from HMRC then we shall cease to owe the Price to you.
(9.3) If for any reason the tax rebate is paid to you directly then, without prejudice to any other rights we may have, you shall account to us for the full amount of the tax rebate less the Price within 14 days of receipt.
(9.4.1) Any cheque that we send to you pursuant to clause 9.2 has not been presented to your bank within 6 calendar months of the date of the cheque then the cheque will be cancelled,
(9.4.2) Any bank transfer that we attempt to make under clause 9.2 is blocked or is unsuccessful after 3 attempts we shall make no further attempts to complete the bank transfer,
10. Our responsibility for loss or damage suffered by you
(10.1)We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the order process.
(10.2) We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes (but is not limited to) liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products.
11. How we may use your personal information
(11.1) We will use the personal information strictly in the manner set out in our Privacy Notice which can be found here https:// https://www.taxrebate.uk/privacy
12. Other important terms
(12.1) We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
(12.2) You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
(12.3) Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
(12.4) If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
(12.5) Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. Continue to provide the products, we can still require you to make the payment at a later date.
(12.6) Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in the English courts. If you live in Scotland you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of our services in either the Northern Irish or the English courts.