Set out below are our general terms and conditions relating to the following:
- Your use of this website and its contents.
- Your use of any information we give you via telephone, text messages, emails, online chatbox, blogs and social media pages .
- Any goods or services supplied by us.
- Any goods or services supplied by a third party via a link or referral from our website or social media pages.
If you do not agree to be bound by these Terms and conditions, you should discontinue the use of this website and exit immediately.
Smart Formations Limited of 27 Old Gloucester, London WC1N 3A. Our Company registration number is 08302159. We are the owners and operators of this website: www.smart-formations.co.uk
1: Definitions and interpretation
In this Agreement the following terms shall have the following meanings:
Content: Means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site, our blogs and our social media pages.
General Terms and conditions: Means these terms and conditions.
Specific Terms and conditions: Means the terms and conditions applying to particular products and services provided by us. Specific terms and conditions take priority over our General Terms and Conditions in the event of any conflict.
Service: Means collectively any online facilities, tools, services or information that Smart Formations Limited makes available through the Web Site, blogs and social media pages either now or in the future.
System: Means any online communications infrastructure that Smart Formations Limited makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links.
User/Users: Means any third party that accesses the Web Site, blog and social media pages and is not employed by Smart Formations Limited and acting in the course of their employment.
Web Site: Means the website that you are currently using (https://www. smart-formations.co.uk) and any sub-domains of this site unless expressly excluded by their own terms and conditions.
Customer: Means an individual, legal person (corporate, partnership or otherwise), group of people to whom we supply goods and services either ongoing or on a “once only” basis.
Consumer: Consumer shall have the meaning given in section 12 of the Unfair contract Terms Act 1977;
We, us, our and ourselves: Refers to Smart Formations Limited
Data Protection Legislation means: :(1) Unless the GDPR is no longer directly applicable in the UK, the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (2) any successor legislation to the GDPR or the Data Protection Act 1998.
- The copyright in all content included on the Web Site, our blogs and social media pages unless uploaded by users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Smart Formations Limited, our affiliates or other relevant third parties. Trade marks by continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.
- Subject to sub-clause 1.3 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Smart Formations Limited.
- You may view and temporarily store material from the Web Site, our blogs and social media pages, in your browser’s cache. You may also print out a single copy for review and non- commercial use.
Links to other web sites
This Web Site, our blogs and social media pages may contain links to other sites. Unless expressly stated, these sites are not under the control of Smart Formations Limited or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
Links to this Web Site, our blogs and social media pages
If you wish to place a link to this Web Site, our blogs and social media pages on other sites you may do so only to the home page of the site www.smart-formations.co.uk without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Smart Formations Limited. To find out more please contact us by email at email@example.com.
- We take your privacy seriously. We will make every effort to protect your personal data. Accordingly, we will not sell or make your personal details available to any third part without your prior consent.
- Where you place an order with us for the formation of a company or any other service for your personal benefit:
- In accordance with the applicable data protection legislation, we will process any data you provide us in accordance with our privacy notice, which is available on our website. If you have any questions regarding the way in which your personal data will be processed by us, or your rights, please contact us via the contact information that is available on our website.
- If you provide us any personal data relating to a third party, you agree that you have received the appropriate consent from that third party to provide us that data and that you have brought to the attention of that third party the Privacy Notice on our website or otherwise provided a copy of it to that third party.
- You agree to indemnify us in relation to all and any liabilities, penalties, fines, damages and costs arising from your non-compliance with these requirements.
- When making an application to us on behalf of a third party you agree that:
- Both parties (you and us) will comply with applicable Data Protection Legislation and that this clause is in addition to, and does not replace, a party’s obligations under the Data Protection Legislation.
- The parties acknowledge that for the purpose of the Data Protection Legislation, you are the data controller and we are the data processor.
- Regardless of 4.4.2, the parties acknowledge that for the purposes of the Data Protection Legislation, we are each data controllers where ongoing services are being supplied by us to your customer.
- You will have all the required consents and notices in place to enable lawful transfer of the Personal Data to us for the purposes and duration of this agreement. You agree to provide us with such evidence as we require in relation your compliance with this agreement and to indemnify us in relation to all and any liabilities, penalties, fines, damages or costs arising from your non-compliance with this agreement.
- As a Data Processor we process information for company formation purposes and the provision of address services. The personal data we process for the duration of the time taken for the incorporation of the company or for the duration of the provision of the address service is as follows: Full name, Residential addresses (current and previous), Date of Birth, Place of Birth, Telephone number, Email address, Mother’s maiden name, Father’s forename, Passport number, National Insurance number.
- The purpose of processing the data listed in 4.4.5 is:
- To give Companies House the information they require to incorporate a company.
- To process the data provided for due diligence checks with Creditsafe Business Solutions Ltd. Where applicable.
- The following categories of data subjects will be processed in accordance 4.4.5: Data subjects to be appointed to companies and partnerships as partners, directors, shareholders, Company secretaries, Beneficial owners, persons of significant control. Data subjects that are customers.
- In relation to any Personal Data we process to provide services to you, we will:
- Only process Personal Data on your instructions (unless we are legally obliged to process Personal Data which, where permissible, we will have notified to you before performing the required processing).
- Ensure that we have in place reasonable and proportionate technical and organisational measures to protect against unauthorised or unlawful processing of Personal data and against accidental loss or destruction of, or damage to, Personal Data.
- Ensure that all personnel who have access to Personal Data are aware of our legal obligations to keep such data confidential.
- Not appoint a third-party processor without your prior consent, save for the following third –party data processors for which your acceptance of these terms and conditions shall constitute consent:
- Business Data Group Ltd t/a eFiling - they provide the link to submit your order to Companies House
- Creditsafe Business Solutions Ltd – they provide a customer compliance checking service
- Tally Accounting services- Certified Accounting company to whom we refer any customer requesting an introduction.
- Not transfer any Personal data outside the EEA without your prior written consent, save to our own secure subsidiary company which will securely process your data so that we may meet our legal obligation under the MLR 2017 regulations and will offer you support services.
- Notify you as soon as practicably possible on becoming aware of a Personal Data breach.
- Upon receiving your written instructions, delete or return Personal Data and copies thereof to you unless subject to any legal requirement to store the Personal Data.
- Smart Formations Limited makes no warranty or representation that the Web Site, our blogs and social media pages will meet your requirements, that they will be of satisfactory quality, that they will be fit for a particular purpose, that they will not infringe the rights of third parties, that they will be compatible with all systems, that they will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
- No part of this Web Site, our blogs and social media pages are intended to constitute advice and the Content of this Web Site, our blogs and social media pages should not be relied upon when making any decisions or taking any action of any kind.
- Commercial use of the information on this website, our blogs and social media pages are permitted, however Smart Formations Limited makes no representation or warranty that the content of this website, our blogs and social media pages are suitable for use in commercial situations or that it constitutes accurate data and/or advice on which business can be based.
- We promise that all Services will correspond with their relevant description on the Website, our blogs and social media pages and that they will be of satisfactory quality and fit for the purpose for which they are sold or otherwise supplied. We promise that We will provide the Website, our blogs, social media pages and Services to you with reasonable skill and care but We do not guarantee that the Website, blogs, social media pages or Services will be fault free or meet your requirements.
Availability of the web site
The Service is provided "AS IS" and on an "AS AVAILABLE" basis. We give no warranty that the Service will be free of defects or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Smart Formations Limited accepts no liability for any disruption or non-availability of the Web Site, blogs or social media pages resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
Limitation of liability
- To the maximum extent permitted by law, Smart Formations Limited accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site, our blogs and social media pages or any information contained therein. Users should be aware that they use the Web Site, our blogs and social media pages and their Content at their own risk.
- Nothing in these terms and conditions excludes or restricts Smart Formations Limited liability for death or personal injury resulting from any negligence or fraud on the part of Smart Formations Limited.
- Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
Extraordinary and unforeseeable events - (Force Majeure)
- We shall not be liable for any failure or delay in performing our obligations under these Terms and Conditions where such failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, communication failures, computer system failures, governmental action or any other event that is beyond our control.
- Pursuant to 9.1 above, we agree to notify you as soon as practically possible if an unforeseeable and extraordinary event occurs. If the event continues for more than 10 working days, either party shall have the right to cancel the agreement. You will be entitled to a full refund in respect of any services which we cannot supply as a result of the unforeseeable and extraordinary event, effective from the date of the cancellation.
Opening an account with us
- Our website allows you to open an account with us. The account facilitates the administration of your companies and access to services. You are responsible for the security and privacy of that account and for all transactions and activities on that account. Do not disclose your account information to anyone else. In the event that there is a breach of security, you agree to notify us immediately.
- Smart Formations Limited will not be responsible for any losses arising from the unauthorised use of your account and you agree to indemnify us for any loss or damage arising from any unauthorised use.
- If you cancel your subscription to our registered office service or you fail to renew it, we will retain the documents stored in the Sharefile account we provide you for 3 calendar months only. Thereafter they will be deleted.
Prohibiting your use of our website
We reserve the right to prohibit your right to access or use our website, blogs and social media pages at any time and without notice and without disclosing our reason for doing so.
If any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to firstname.lastname@example.org etc. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
Consumer's right to cancel
Consumers have the right to cancel the contract for the provision of goods or services, by notice in writing, at any time before 14 days have passed from the day after the contract was made. If, however, we have started to perform our side of the contract before you exercise your right to cancel, then the right to cancel is lost.
- If this Agreement contains any unlawful provisions not an essential part of this Agreement and which shall not appear to have a controlling or material inducement to the making thereof, such provisions shall be deemed of no effect and shall be deemed stricken from this Agreement without affecting the binding force of the remainder. In the event any provision of this Agreement is capable of more than one interpretation, one which would render the provision invalid and one which would render the provision valid, the provision shall be interpreted so as to render it valid.
- In the event of a conflict between these general terms and conditions and the specific terms and conditions relating to the sale of particular goods or services through this website, the specific terms and conditions shall take precedent.
- A person, not being a direct party to any agreement covered by these terms and conditions, shall not have any right under the Contracts (Rights of third parties) Act 1999 to enforce any term of this agreement.
Law and jurisdiction:
These terms and conditions and the relationship between you and Smart Formations Limited shall be governed by and construed in accordance with the Law of England and Wales and Smart Formations Limited and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
Smart Formations Limited –Specific Terms and Conditions
These specific terms and conditions apply to the goods and services supplied via our website, blogs and social media pages at www.1stchoice-formations.co.uk. To enter into a transaction with us, you must agree these terms and conditions in full together with our general terms and conditions.
We, us, our and ourselves: Refers to Smart Formations Limited.
Working day: Means Monday to Friday excluding public holidays.
Business Hours: Means 9 a.m. to 5 p.m.
Official Post: Means post from the following government departments: Her Majesty’s Revenue and Customs (HMRC), Companies House, Government Gateway, Department of Works and Pensions (DWP), Office for National Statistics, Information Commissioners Office (ICO), Her Majesty’s Courts and Tribunal Service, and the Intellectual Property Office
Professional Agent: A third party who acts or advises clients in financial, commercial and legal matters. Examples are solicitors, accpountants and bookkeepers
Placing an order:
When you place an order for any Service or product using this Website, you make an offer to purchase the requested Service or product in accordance with these Terms. This request is subject to acceptance by us and we reserve the right to decline or refuse any such requests in our sole discretion without providing a reason. If you do not understand our Terms, Services or products we provide, you should contact us before placing any order.
Prices and Payment
- Our Website shows our prices excluding VAT.
- The total purchase price, including VAT chargeable at the applicable rate, will be displayed in your shopping cart prior to confirming the order.
- We reserve the right to update the prices on our Website and to change, or withdraw any Service we offer and to change our Terms, without prior notice. Every effort is made to ensure that the prices are correct, but in the event of serious error, any transaction shall be voidable by us and you would then be entitled to a full refund.
- If you fail to make any payment due, you will be advised in writing and we reserve the right to terminate the service with immediate effect. If the payment remains outstanding more than 1 calendar month after you have been advised in writing, we reserve the right to charge an administration fee of £12.50 +vat together with any reasonable debt collection charges we may incur.
- Non Uk Residents – Prices charged to non-uk residents for company formation with registered offices are higher than the price available to uk residents. This reflects the additional risk and work necessary to comply with MLR regulations. A non-uk resident that pays the reduced price available to uk resident, will have to pay the full charge in order to have his or her MLR documents processed. Any purchases of any service or product by or on behalf of non-uk residents is subject to an additional charge of £18+vat to cover the additional work involved in processing MLR documentation.
- Professional agents making applications on behalf of third parties resident in the UK will be subject to an additional charge of £4+ vat which is not stated on our website.
Information given to Companies House
- When you place an order with us you are authorising us to give information to Companies House so that they can incorporate a new company or update an existing company’s records. Where necessary this will include personal information relating to the directors and shareholders that you provide us. If you are acting as an agent for a third party, you do so in accordance with clause 4.2 of the general terms and conditions
- We process your orders on the basis that you have given us full and proper instructions and, if ordering on behalf of a third party, that you are authorised to place the order. When you place an order with us you are giving us the authority to lawfully process your instructions.
Continuous payment authority
- When you make an online payment to us for services, your payment is processed by our secure third-party payment gateway provider. The gateway provider will store your card details securely, without our having access to them. Our systems only retain details of the last 4 digits of your card for reference purposes. The last 4 digits are recorded in the finance section of the online account we give you.
- Your acceptance of these terms and conditions means you are granting us permission to charge to the card you have used to pay us for your goods and services, amounts falling due for the following:
- Renewable services: Fees due for the renewal of services that are charged either monthly, quarterly or annually. You will receive notice of the intended charge prior to the expiry date and you have the right to cancel the service.
- Disbursements: Such as post, post handling, and telephone charges. These are charged automatically on a monthly basis.
Money laundering regulations and prevention of fraud:
- We are regulated by the Money Laundering and Terrorist Financing (Amendment) Regulations 2019, London Local Authorities Act 2007, and Know Your Customer (KYC) guidelines. These regulations oblige us to carry out a digital ID verification check to check your identity and address as our customers (companies, officers and shareholders). To verify the information regarding your identity you provide, we may do searches about you with a Credit Reference Agency or Fraud Prevention Agency; this will include information from the Electoral Roll. The agencies will record the details of the search, whether or not the transaction proceeds through to formation at Companies House. We may also ask you to provide us with copies of up-to-date proof of identity and your address.
- We will use these identity documents, together with any electronic check, as detailed above, to satisfy our anti-money laundering requirements. Any documents provided to us will be recorded and copied for audit purposes as part of these requirements.
- to confirm the identity of the person(s) providing it;
- to verify the directors/ shareholders of the company when accessing the service, and
- to comply with any requests by the regulators and the fraud prevention agencies.
- The data will be stored for as long as required by law, which inmost cases will be our usual retention period from the end date of the service/ agreement. The data will be stored for longer than this if necessary, such as when litigation has arisen or may be pending, checks have or may become relevant in proceedings.
- Should we not be able to successfully verify your identity and address using our electronic ID verification process, we will require you to provide further proof of your identity and address and/ or certified copies of the original documents to satisfy our Anti-Money Laundering procedures. Failure to comply with any request for such documents within set timescales will result in your application being cancelled or an existing service being terminated without a refund
- As a Registered Agent Provider, we have a responsibility to carry out due diligence checks from time to time on our customers (companies, officers and shareholders) to which we provide ongoing services. Should any of our checks result in either the suspicion or the discovery of illegal or unethical activities, we reserve the right to terminate our services without notice and or a refund.
- Where we are required to carry out International Identity checks for due diligence requirements and to satisfy our AML obligations there will be additional costs for which you will be responsible.
- The current fee for this International Identity Check will be £13.00 +vat per check per person. This fee is payable by you whether the company formation proceeds to be registered at Companies House or not
- You agree for this fee to be charged and taken from your card payment details supplied for the service.
- If the company formation does not proceed at Companies House (for whatever the reason), you agree and authorise any International Identity Check fees to be deducted from any monies paid to us already for Services.
Limitation of liability
- We provide an Online Company Formation Service for different types of companies. For more information about the products and services included in your order, please refer to the applicable company formation pack which may be viewed on this Website. We do not provide legal or accounting advice and it is your responsibility to ensure that you order the Service or combination of services and goods which suits your needs.
- Forming a limited company requires the submission of information to Companies House, which you provide through our website. It is your responsibility to ensure that the information provided is correct. We do not accept any liability for errors or omission in the information provided to Companies House.
- We do not accept any liability of whatever nature, if your application is rejected by Companies House because it includes the appointment of a person or persons that do not meet the legal requirements for the incorporation of a company or partnership.
- It is your responsibility to ensure that any company name you choose may be lawfully used by you. We accept no liability if Companies House accept a company name that cannot be lawfully used by you.
- When you select a name for your company registration, we warrant only that we will make an application to the Registrar of Companies for the registration of that name. We do not warrant that Companies House will accept it.
- We are an online company formation agent and submit your applications to Companies House using a secure electronic filing system. If you have completed our application forms correctly and provided all the information required, Companies House will normally complete your application within 1 working day. All company formation is completed by and subject to Companies House’ operating systems. Delay may arise due to Companies House systems failure or other circumstances beyond our control including the provision of incorrect information to us upon placing the order. We do not accept liability for any losses or damages arising from a delay in completing your order.
- Our liability in respect of all claims arising out of or in connection with your use of this website shall not exceed an amount equal to the sums payable by you to us.
- 7.1 When placing an order, you will be presented with a choice of products and services. It is your responsibility to ensure that you read the information provided and fully understand the choices before making a purchase. If you require clarification or do not fully understand our product or service, you should contact us during office hours for an explanation. We will endeavour to respond quickly to your enquiry but cannot guarantee to do so in every instance. Regardless of any delay, it remains your responsibility to elicit a response before placing an order.
- We are regulated by the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017). By accepting these terms and conditions you are giving us the authority to carry out a digital ID verification check by Credit Safe or other online identification checking system, for the purposes of confirming your identity and address. The check may be recorded on your credit record and a record of the search will be kept by us.
- If we are unable to verify your identity and address using the online ID database, we will ask you to provide proof of your ID and address by certified copies of your original documents. If you cannot supply certified documents your service will be cancelled. No refunds are given for the cancellation of services arising from the failure to comply with anti-money laundering requirements.
- Periodically, we are obliged to undertake due diligence checks on the clients to which we provide ongoing services. Should any of our checks result in the discovery of illegal or unethical, we reserve the right to terminate our service, without notice and without a refund.
- We are obliged to comply with the “Know Your Client” (KYC) regulations and we will ask you to complete a form detailing the nature of your business and the reason for your relationship with us.
Processing and delivery time
- We offer a same day formation upgrade to our company formation service. This allows us to “jump the queue” at Companies House by paying them an extra fee. Same day formation requests must be submitted to us by 11am on a working day. The guarantee does not apply if an order is placed after that time. All company formation is completed by and subject to Companies House’s systems. Delay may arise due to Companies House systems failure or other circumstances beyond our control including the provision of incorrect information to us upon placing the order. We do not accept liability for any losses or damages arising from a delay at Companies House and the failure to complete the incorporation within 1 day.
- Copies of certificates of incorporation and share certificates shall be sent to you by email. Should you request additional copies to be sent by post, we cannot guarantee such documents will arrive to you within a specified period especially since this is subject to Royal Mail delivery times.
- The prices shown for company formation documents, apostilles, certificates and company seals include free delivery to UK addresses only. We will not post or courier any documents or company seals, outside the UK, unless you have paid our additional postage or courier charges. Our extra postage and courier charges are displayed throughout our website.
This service is offered to ensure that your company formation order is submitted without any obvious errors so that the formation of your company is done without unnecessary delays. It will also ensure that you do not unknowingly make any potentially expensive mistakes. The review does not extend to a review of documents you upload to our website or the spelling of officers' names. You are responsible for to ensure the accuracy and completeness of documents you submit and the proper spelling of names.
Address services terms and conditions
- By subscribing to our Registered Office Service, without the confidential post upgrade, you agree that we will open your official post, scan it and place the scanned copy in the Smart Doc facility we give you. The Smart Doc facility allows you to view, store and download your mail.
- By subscribing to our Registered Office Service, without the confidential post upgrade, you agree that we will keep all original copies of your post for 1 month and then securely shred and dispose of it. You can ask for the original copy within that time. A handling fee will be charged for retrieving the document from storage.
- If you purchase an address service from us without registering an account with us, we will not be responsible for updating your details at Companies House, that is your responsibility.
- If you purchase an address service from us without giving us the Companies House web authentication code, we will not be responsible for updating your details at Companies House, that is your responsibility.
- When you subscribe to one of our address services, you are authorising us to receive and process your post. We are not responsible for losses arising from any act, omission, neglect, failure or delay by us, our employees or our agents in the course of receiving, processing scanning, sorting or forwarding your post.
- Address Service fees are payable yearly in advance. No refunds are provided if you decide to terminate the address service during the 12 months period for which you have paid
- You agree to keep your contact details (including addresses, mobile numbers and email address) updated on our systems, at all times.
- We accept no responsibility for post that fails to be delivered to our offices.
- We will not process or advise you of any mail that is not official post for your company or your directors unless you subscribe to our Commercial mail upgrade.
- We will accept official post addressed to the directors using our directors service address. We will not process or advise you of non-official post addressed to the directors.
- Subscribers to any address service we provide may not use the address provided for finance agreements, mobile phone contracts or vehicle registration purposes.
- We reserve the right to cancel our provision of an address service with immediate effect should we believe you have caused a risk to our reputation, our business, or both. Cancellation in such circumstances will not entitle you to a refund, either in full or in part, of any subscription paid for the service we are providing. We will immediately apply to Companies House to have our address removed from the public records by submitting form RP07.
- Multiple companies cannot use a single address service. Each company using our address service can only do so if a separate and appropriate subscription has been paid for each company.
- Users of our commercial mail service may also add a single trading name to the service free of any additional charge. The additional trading name may not be the name of another company or the trading name of another company. Post received by us and addressed to the additional trading name will be rejected unless the name it has been notified to us.
- If you have failed to provide the required ID, we will terminate your Address service. You will not be entitled to a refund and we will advise Companies House by submitting form RP07.
- It is your responsibility to ensure that you pay for the annual renewal of your services when payment falls due. If payment for the renewal of an address service has not been made on or before the renewal date, we will terminate the service and we will no longer process or notify you of any post received. If the address service we provide relates to a company registered at Companies House you will need to advise them of the change of address. If you do not, we reserve the right to do so and will advise Companies House using form RP07.
- Where payment for the renewal of an address service is received late, the next renewal date will be on the anniversary of the previous renewal date and not the anniversary of the payment.
- Where payment for the renewal of an address service is received late and we discontinue the service, the next renewal date will be on the anniversary of the previous renewal date and not the anniversary of the payment.
- You will not be entitled to a reduction in the renewal fee, where payment for the renewal of an address service is received late and your service, as a result of that late payment, has been suspended or terminated.
- As part of our address service we will handle small parcels, however we will not accept parcels weighing more than 10 kilos or exceeding the following dimensions: 46cm x 33 cm x 27 cm.
- If you wish to arrange to collect a parcel or item of post, we require 2 working days' notice in order to have the item ready for you. We will also ask you to present your ID to reception when collecting the parcel or document. The handling fee relating to the collection of the item will also need settling in advance.
- Parcels can only be collected during office hours on a working day.
- If you cancel your subscription to our registered office service or you fail to renew it, we will retain the documents stored in the Share file account we provide you for 3 calendar months only. Thereafter they will be deleted.
Confidential official post service and confidential commercial post services:
- Our Confidential Post Services are offered as upgrades of our Registered Office and Commercial mail services.
- An initial deposit balance of £20 is required to cover the postage and handling fees for the commercial mail upgrade. This balance must be topped up by you when it drops to less than £5. Any unused balance remains ours when the service ends or when the renewal of the service is due.
- Users of our Confidential Post Services, shall have mail re-posted to you to your chosen UK address. This service is not available to non-UK based clients who do not have a UK address to receive their post.
- We reserve the right at our sole discretion to terminate the Confidential Trade Post Service, without a refund for any unexpired term of the contract, in the event of abuse of the service, for example; by using it as a return address for faulty goods or returns.
- Whilst every effort will be made to ensure confidential post is not opened, mistakes can be made. We accept no liability if post is opened.
Applications to our referral banks and our other referral partners
- The Services, products and bank accounts provided by our Referral Partners, are subject to their terms and conditions.
- Where you request a bank account or service from our Referral Partners you confirm that you agree to be contacted directly by our Referral Partner, for the purposes of fulfilling the service or bank account request.
- Where you request a bank account or service from a Referral Partner on behalf of a third party for whom you are making a company formation application, you confirm that the third party, the primary contact listed on the company formation application, has agreed to be contacted directly by our Referral Partner, for the purposes of fulfilling the bank account or service request.
- Once you have completed your incorporation, Smart Formations Limited will automatically forward your contact details to our Referral Partner.
We offer a VAT Registration Service, which is non-refundable once the application is made to HMRC. We cannot guarantee that HMRC will accept the application and accept no liability in this event.
Apostilles and certificates of good standing:
The time taken to generate apostilles and certificates of good standing is subject to the time taken by the following third-parties to process our requests: Companies House and HM Foreign.Office, Royal mail and third- party courier services. We warrant only that we will respond in reasonable time to all communications that we receive from yourself and the third-parties listed. We accept no liability for any delays in supplying these certificates.
In respect of our company restoration service:
- The time taken to restore a company is subject to the time taken by the following third-parties to process our requests: Treasury solicitors, Companies House, Royal mail, third-party courier services, HM Courts and Tribunal services and, sometimes, Solicitors for the Duchies of Cornwall and Lancaster. We warrant only that we will respond in reasonable time to all communications that we receive from yourself and the third-parties listed. We accept no liability for any delays in restoring your company.
- We will not accept company restoration requests requiring a court order for a company subject to Scottish jurisdiction.
- We will not undertake the restoration of a company that has been subject to a liquidation, is insolvent or subject of a dispute between shareholders, creditors or directors.
- In the event that you wish to cancel an order once work has begun, no refund will be given.
Name Protection Service
- We offer a Name Protection Service as described on the Website. This is a service whereby the company will be in formed in our name and held to your order. There will be a fee of £5+VAT to change shareholder/ownership. Should you fail to renew this service by paying the renewable yearly fee when due, we reserve the right to take complete control of the company and its affairs.
Community Interest Companies
- The formation of a Community Interest Company involves the manual submission of certain documents. The time taken to convert a registered company to a Community Interest Company is therefore subject to the time taken by Companies House. We warrant only that we will submit your documents to Companies House in reasonable time, we do not guarantee the time it will take to register your Community Interest Company
- We do not warrant that Companies House will accept your application to register a Community Interest Company. We accept no liability arising from Companies House refusal to register your Community Interest Company.
- We accept no liability in respect of any delay in the registration of your Community Interest Company.
- Trust pilot is a consumer review website which is used by Smart Formations Limited to collect customer reviews.
- Trust pilot invites all our customers to review our service. By agreeing these terms and conditions, you agree to have your name, email address and order number temporarily shared with Trust Pilot, to allow them to send you this invitation. Information given to Trust Pilot is not stored and is not shared with anyone else.
- Company Formation Orders: Refunds for company formation orders where you change your mind and do not wish to proceed with order;
- Refunds will not be given for the company formation element of an order once the application has been submitted to Companies House.
- Refunds will not be given for the element of an order relating to the registered office service once the application has been submitted to Companies House.
- Refunds will not be given for the element of an order that covers third-party costs such as company seals.
- No refund shall be given for the cancellation order (including any and all elements or parts of an order), resulting from a failure to comply with our Anti-Money Laundering procedures.
Address service orders:
If you order a company address service (registered office, sole trader address, commercial mail/ post box service) but change your mind;
- If we have not already processed your order and set up the service and you have given us notice within 10 working days of the date on which you placed your order, you will be entitled to a full refund of the address service fees.
- If we have processed your order and set up the service and you have given us notice within 10 working days of the date on which you placed your order, you will be entitled to a full refund of the address service fee minus a charge of £12.50+vat to cover our administration costs.
- You can cancel the address service at any time but no refund will be made.
Telephone service orders:
If you order a telephone service (telephone number and/ or answering service) but change your mind;
- If we have not already processed your order and set up the service and you have given us notice within 10 working days of the date on which you placed your order, you will be entitled to a full refund of the telephone service fees.
- If we have processed your order and set up the service and you have given us notice within 10 working days of the date on which you placed your order, you will be entitled to a full refund of the telephone service fee minus a charge of £10.00+vat to cover our administration costs.
- You can cancel the telephone service at any time but no refund will be made.
- No refund is due to you if we have to cancel any telephone service due to your failure to supply adequate proof of ID and address as required by our terms and conditions.
Additional products and services:
If you place an order for a product or service (such as an apostille or a certificate of good standing) and you change your mind And you notify us within 10 working days of placing your order and we have not started working on your order or placed your order with a third party, you will be due a refund of the fee relating the cancelled element of the order. No refund will be given in any other circumstances.
Incorporation of general terms and conditions.
of General Terms and Conditions.These general terms and conditions must be read together with the specific terms and conditions above. The General Terms and Conditions apply to any agreement between us and to your use of the website generally.
Check our terms and conditions prior to 30th May 2022