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| 1 |
Definitions |
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1.1 |
“Service(s)” shall mean any or all of
the services provided by The Company Wizard Limited under the ‘Electronic
Incorporation Wizard’. |
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1.2 |
“The User” the individual who will use the Service
under the terms and conditions described herein. |
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1.3 |
“Payment Service Provider” The Company responsible
for collecting payments from the User in return for access to the Service. |
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1.4 |
“The Website” refers exclusively to The Company
Wizard website at
www.company-wizard.co.uk. |
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| 2 |
Payment |
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2.1 |
The User will not be asked to pay for the Service
until he/she has entered all the required information on the system. By
completing a payment on our Payment Service Provider the User acknowledges that
the information entered on the system will be transmitted to Companies House for
the purpose of incorporating a limited company. |
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2.2 |
If payment for the Service is made by cheque or
bank transfer then the application will be processed only when we have received
confirmation of the cleared payment. |
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2.3 |
All orders are accepted on the basis that the
individual who is placing the order is liable for payment. |
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| 3 |
Refund Policy |
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3.1 |
The User acknowledges that the decision to issue a
refund will be held at the sole discretion of The Company Wizard and will be
based on the current status of the application. If an application has already
been sent from The Company Wizard to Companies House, the decision to issue a
refund will be based on whether the application is successfully processed by
Companies House. If the application is successful the User will not be entitled
to a refund as The Company Wizard would be deemed to have completed the Service
and would not be in a position to recover its losses incurred as a result of
carrying out the service on the Users behalf. |
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3.2 |
The User undertakes to ensure that the decision to
incorporate a company using the Service has been fully considered and The
Company Wizard reserves the right to issue a refund at its sole discretion. |
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| 4 |
Terms of Use |
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The User will be
expected to comply with the The Company Wizard
Website Terms of Use Policy as amended, modified or updated from time to
time. |
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| 5 |
Liability |
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5.1 |
The User undertakes to ensure that
all information has been entered onto the system accurately and in full. The
User accepts full liability for such information and acknowledges that the
information will be sent to Companies House without intervention or error
checking from The Company Wizard. |
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5.2 |
The Company Wizar shall not be
responsible for any loss of data resulting from delays, corruption of data,
nondeliveries, misdeliveries or service interruptions. |
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5.3 |
Except to the extent of The
Company Wizard ’s gross negligence or willful misconduct, neither The Company
Wizard nor any of its subsidiaries or network service providers will be
responsible for any unauthorised access to the User’s account details or for
unauthorised access to or alteration, theft or destruction of User information
as a result of a breach in security, or through accidental or divisive means. |
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5.4 |
In no event will The Company
Wizard be liable or responsible to Users of the Service for any type of
incidental, punitive, direct, indirect or consequential damages, including, but
not limited to, loss of revenue, lost profits, replacement goods, loss of
technology, rights or services, loss of data, or interruption or loss of use of
service or equipment, even if advised of the possibility of such damages,
whether arising under theory of contract, tort (including negligence), product
liability, strict liability or otherwise. |
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5.5 |
Notwithstanding anything to the
contrary in this agreement, The Company Wizard's maximum liability under this
agreement for all damages, losses, costs and causes of actions from any and all
claims (whether in contract, tort, including negligence, quasi-contract,
statutory or otherwise) shall not exceed the actual pound sterling amount paid
by the Customer for the Services which gave rise to such damages, losses and
causes of actions during the 3-month period prior to the date the damage or loss
occurred or the cause of action arose. |
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| 6 |
Indemnification |
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6.1 |
Users of the service agree to indemnify and hold
harmless The Company Wizard (including, but not limited to, The Company Wizard
’s officers, agents, partners, employees and subsidiaries from any claim arising
from the User or any third party as a result of using the Service. |
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6.2 |
The Service is provided on an as is, as available
basis without warranties of any kind, either express or implied, including, but
not limited to, warranties of merchantability, fitness for a particular purpose
or non-infringement. |
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6.3 |
The Company Wizard expressly disclaims any
representation or warranty that the Service will be error-free, secure or
uninterrupted. |
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6.4 |
No oral advice or written information provided or
published on the Website by The Company Wizard or its employees will create a
warranty; nor may Users rely on any such information for advice. The Company
Wizard and its partners and suppliers will not be liable for any cost or damage
arising either directly or indirectly from any transaction or use of the
Service. |
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| 7 |
Limited
Warranties |
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7.1 |
The User agrees to use the Service
and any information obtained through or from The Company Wizard at his/her own
risk. |
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7.2 |
The User acknowledges that The
Company Wizard exercises no control over what information is entered into the
system and accepts no responsibility for the information transmitted though the
use of the Service. |
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7.3 |
The information set out within the
Website and as part of the Service is provided in good faith and on the
understanding that neither The Company Wizard nor any of its employees, partners
or subsidiaries are engaged in rendering legal advice. |
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7.4 |
The Company Wizard will use all
reasonable endeavors to meet the time estimates provided on the Website however
these are only estimates and The Company Wizard will not be liable for delay
caused by any third party or unavailability of any associated web services.
Quoted turnaround times for company incorporations are based on normal business
hours 9:00 AM to 5:00 PM , Monday to Friday (Excluding public or bank holidays). |
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| 8 |
Force Majeure |
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No failure or omission
between The Company Wizard and the User to carry out or observe the terms and
conditions of this agreement shall give rise to any claim against the other
party if such failure or omission is the result of an event that is outside the
reasonable control of that party (a ‘Force Majeure Event’). |
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| 9 |
Severance |
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If any provision of
this Agreement is held to be invalid or unenforceable, such provision shall be
struck out and the remaining provisions shall remain in force. |
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| 10 |
Governing Law
and Jurisdiction |
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The provisions set
forth in this agreement shall be governed and construed by English law, and each
party agrees to submit to the exclusive jurisdiction of English Courts. |
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| 11 |
Privacy |
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Our privacy policy is available to view here.
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