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.
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.
2.3
All orders are accepted on the basis that the individual who is placing the order is liable for payment.
3
Refund Policy
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.
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.
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.
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.
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.
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.
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.
6
Indemnification
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.
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.
6.3
The Company Wizard expressly disclaims any representation or warranty that the Service will be error-free, secure or uninterrupted.
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.
7
Limited Warranties
7.1
The User agrees to use the Service and any information obtained through or from The Company Wizard at his/her own risk.
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.
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.
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).
8
Force Majeure
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’).
9
Severance
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.
10
Governing Law and Jurisdiction
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.