These terms and conditions relate to the Ftax and Ftax Cashbook services (together the Ftax Services) and use of the Ftax website at www.ftax.co.uk (Ftax Website). The Ftax Services are described in paragraph 4.
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1. Who we are
1.1 Ablegatio Limited, a company registered in England and Wales operates this website and will be providing the Ftax Services to you. Our company name is Ablegatio Limited (with registered number 10446051) and our registered office is at 29 Marlborough Buildings, Bath, BA1 2LY. In these terms we will use the following words to refer to ourselves: "We" / "Us" / "Our".
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE AND SIGNING UP FOR THE FTAX SERVICES AS THEY CONTAIN LEGAL RIGHTS AND OBLIGATIONS
2. Our Contract With You
2.1 These are the terms and conditions which apply to your use of the Ftax Website and are also those on which We supply the Ftax Services to you.
3. Changes to These Terms and Conditions or the Ftax Services
3.1 We may change these terms and conditions or the Ftax Services from time to time. If We do this We will put the new terms and conditions or details of the changes to the Ftax Services on the Ftax Website. Every time you wish to use the Ftax Website of the Ftax Services, please check the terms to ensure you understand the terms that apply at that time. The changes will take effect when they are posted on the Ftax Website.
3.2 If you don’t want to continue to be registered on the Ftax Website or to continue to get the Ftax Services then you can cancel your registration/membership by letting Us know in writing by e-mail to firstname.lastname@example.org.
4.1 Before you can use the Ftax Services, you must apply to use them. Part of this process is registering on the Ftax Website. After We have received your application for the Ftax Services, We will review it and let you know as soon as We can whether you have been accepted as a user of the Ftax Services by email. Please note that not everyone that applies for the Ftax Services will be accepted as a user and We reserve the right to refuse the users registration at our own discretion.
4.2 We do not have to notify you why you have not been accepted.
4.3 You may only register for the Ftax Website and use the Ftax Services if you are over 18 years of age. By registering on the Ftax Website and making the application to use the Ftax Services, you confirm that you are over 18 years of age.
4.4 You may only use and access the Ftax Services on your own behalf and not on behalf of anyone else, unless you are a tax agent assisting your client with their Return (defined below) via the Ftax Cashbook programme.
4.5 Once We have received your application for the Ftax Services, We will send you an automated acknowledgement. This is purely for acknowledgement purposes and is not an agreement from Us to provide you with the Ftax Services or any other service.
5. Ftax Services
PLEASE READ THIS PARAGRAPH CAREFULLY AS IT EXPLAINS WHAT THE FTAX SERVICES ARE AND WHAT EXCLUSIONS APPLY
5.1 Once We accept your application for the Ftax Services, We agree to provide the following services to you under these conditions:
(a) We have been recognised by HM Revenue & Customs (HMRC) to provide the Ftax Services for individuals and their tax agents, unincorporated organisations and limited companies by enabling users to purchase and download the relevant forms for completion whilst off-line. The forms can therefore be completed as the information for the tax return(s) (Return(s)) is gathered and either printed or submitted electronically once it is complete.
(b) As a UK taxpayer, or the tax agent of a UK taxpayer, it is your sole responsibility to complete and submit your Return to HMRC accurately and by the due date. You choose to use the Ftax Services at your sole risk and We accept no responsibility or liability for any loss or damage suffered or interest or penalties payable by your failure to submit your Return accurately or by the due date.
(c) If you are using the Ftax Service as a tax agent on behalf of your client, you warrant that you have obtained all necessary consents from your client to provide their personal data (as defined under the Data Protection Act 2018) (DPA) to Us. You also warrant that you are notified under the DPA and that you will (a) conduct your business in accordance with such notification; and (b) comply with the data protection obligations referred to in the DPA. You indemnify us and keep us indemnified against all and any losses claims and demands We suffer or incur as a result of your breach of this paragraph 4.1(c).
(d) If We receive any confirmation from HMRC that your Return has been received correctly, or information that it contains errors of any kind (including missing data), We will pass this confirmation or information to you as soon as reasonably practicable, but We shall not be liable to you if We fail to deliver any such confirmation or information.
(e) We are not tax advisers and We do not give advice on completion of or errors in Returns. If you have any questions about your Return you should contact HMRC or your accountant or tax adviser. Any advice or information, whether oral or written, that you obtain from Us or from the use of the Ftax Service shall be for information purposes only and We shall not be liable if you suffer any loss as a result of any reliance on that advice or information.
5.2 Whilst We will try to make sure that the Ftax Website is available for use as much as possible We cannot guarantee its availability. You will appreciate that We need to take it down from time to time for maintenance. We will try to do this at times when We are expecting low usage but cannot guarantee that this will be the case. No software provider can fully guarantee that its website and/or content is completely virus and bug free, but you should be aware that We are committed to trying to make the Ftax Services as virus and bug free as We can. You should therefore use virus checking software.
5.3 Whilst We will endeavour to retain your filing history (Ftax Records Service) and other tax data, you will appreciate that (i) technical reasons may prevent all of your information being recorded and/or records being retained; and (ii) the Ftax Records Service is a complimentary service to the main Ftax Services, and is not intended to replace your own responsibility to retain a copy of your own records in line with HMRC requirements. We do not accept any liability for lost records howsoever arising.
6. Price of the Ftax Services
6.1 The price for the Ftax Services are as set out on the Ftax Website from time to time. By applying to receive the Ftax Services you are agreeing to pay those prices.
6.2 If you are an agent you may request a certificate which will freeze the price of some of the Ftax Services for three years from the date of issue (Ftax Agent Price Freeze Certificate). The Ftax Agent Price Freeze Certificate will be issued to you by selecting the option in your shopping cart when ordering Ftax Services. Any price freeze certificate will be subject to the terms and conditions issued with it.
6.3 In respect of the Ftax Records Service, these will automatically be charged at the rates in place when you sign up to receive the Ftax Records Service. These fees may be revised on each anniversary of the date when you first paid for the Ftax Records Service, until either We or you cancel the contract in writing as set out in these terms and conditions. If We do alter the price of your subscription We will write and provide you with notice of the proposed change in price to enable you to cancel the Ftax Records Service if you do not agree to the new price. You should check the Ftax Website regularly to ensure that you are aware of the price of the Ftax Records Service.
6.4 By agreeing to these terms and conditions you authorise Us to use the information about your payment card to verify your identity and to set up your use of the Ftax Records Service, and to debit payments from your payment card. The details of your payment card may be retained by Us for your convenience.
6.5 In the event that you do not pay Us for any reason including, without limitation, your cancellation of a credit card or a debit card transaction for any reason, you agree that We may cancel your access to the products and services and We may refuse you the right to purchase any further products or services available on the Ftax Website.
7. Duration of Ftax services and Your right of cancellation
7.1 We will automatically continue to provide the Ftax Services until:
(a) You contact Us on email@example.com and tell Us by e-mail that you no longer want to receive the Ftax Services and be registered on the Ftax Website. We will administer this change within a reasonable time, but in any event within 10 working days. If you tell Us that cancellation is a matter of urgency, e.g if you think that someone has got access to your password, We will do Our best to cancel your registration immediately; or
(b) We cancel your registration on the Ftax Website and cancel your receipt of the Ftax Services because of your misuse of the Ftax Services. Misuse of the Ftax Services means use of the Ftax Services in a way which is not permitted by or which is prohibited by these terms and conditions or there is fraud; or
(c) We stop providing the Ftax Services or the Ftax Website.
7.2 We regret that if We withdraw part or all of the Ftax Services We cannot be responsible for any costs or losses you incur.
8.1 Your right to access the Ftax Website and the Ftax Services is personal to you. You must not allow any other person to have access to your account on the Ftax Website or the Ftax Services using your username and password. You must keep your username and password confidential and not disclose it to any third party.
8.2 We reserve the right to suspend your access to the Ftax Website and the Ftax Services if at any time We consider that there is or is likely to be a breach of security or your use of the Ftax Website is in any way detrimental to Us or anyone else.
8.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org.
8.4 We reserve the right to require you to change any or all of the passwords used by you in connection with the Ftax Website and/or the Ftax Services.
9. Copyright, Trade Marks and Other Intellectual Property Rights
9.1 You acknowledge and agree that all copyright, trade marks and all other intellectual property rights in the Ftax Website and Ftax Services and all aspects of them shall be owned by Us.
10. Our Liability to You
PLEASE READ THIS PARAGRAPH CAREFULLY AS IT EXPLAINS WHAT LIABILITY WE HAVE TO YOU AND WHAT EXCLUSIONS APPLY
THIS CLAUSE 9A ONLY APPLIES IF YOU ARE A BUSINESS CUSTOMER
10A.1 There are certain things which We agree We will not exclude or limit Our liability to you for. These are:
10A.2 We will not be liable for any indirect or consequential loss or damage arising out of or in connection with your use of the Ftax Services even if We had notice of the possibility of such loss.
10A.3 We will not be liable to you whether in contract, tort (including negligence), breach of statutory duty or otherwise for any loss of business, loss of profits, loss of anticipated savings, loss of reputation, loss of goodwill, business interruption, increase in bad debt or any loss incurred by any third party arising out of or in connection with your use of the Ftax Services or any indirect or consequential loss even if We had notice of the possibility of such loss.
10A.4 Our entire aggregate liability in respect of all claims arising out of or in connection with your use of the Ftax Services in any calendar year (whether arising in contract, tort (including negligence) or otherwise) shall not exceed an amount equal to the sums received by Us from you as a result of your use of the Ftax Services during that year.
10A.5 Except as expressly provided in these terms and conditions, all conditions and warranties or terms of equivalent effect whether express or implied (by statute or otherwise) are excluded to the fullest extent permitted by law.
THIS CLAUSE 9B ONLY APPLIES IF YOU ARE A CONSUMER
10B.1 There are certain things which We agree We will not exclude or limit Our liability to you for. These are:
10B.2 Nothing in these terms and conditions affects any statutory rights you may have as a consumer.
10B.3 Subject to paragraph 10.B.4 below, if We breach these terms and conditions or are negligent in providing the Ftax Services We will be responsible for loss or damage that you suffer which is foreseeable i.e. which is a likely result of Our breach or negligence in providing the Ftax Services. 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 sales process. Please note that if the loss or damage is not foreseeable, We cannot be responsible for it.
10B.4 We cannot be responsible to you in any year for loss or damage or any other liability (whether it arises from breach of these terms and conditions or negligence) which is in excess of the amount paid by you for the use of the Ftax Services during that year.
12. How to Contact Us
12.1 If you have any questions or if you have any complaints, please contact Us. You can contact Us by e-mailing Us at email@example.com.
13.1 We shall be under no liability for any delay or failure to deliver the Ftax Services or otherwise perform any obligation under these terms and conditions if the delay or failure is caused by circumstances beyond Our reasonable control.
13.2 If any portion of these terms and conditions is held by any competent authority (such as a court) to be invalid or unenforceable (either wholly or in part) the validity or enforceability of the other portions of these terms and conditions shall not be affected.
13.3 These terms and conditions do not give anyone who is not a party to them any rights under the UK Contracts (Rights of Third Parties) Act 1999. This does not affect any rights or remedies of anyone else which exist or are available apart from that Act.
13.4 If you are a consumer, please note that your use of the Ftax Website and the Ftax Services, are governed by English law. You and We both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
13.5 If you are a business, use of the Ftax Website and the Ftax Services, are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.