BACKGROUND:

These Terms of Sale set out the terms under which Services are sold by Us to business customers through this website, CleverFormations.com (“Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before ordering any Services from Our Site. You will be required to read and accept these Terms of Sale when ordering Services. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Services through Our Site. These Terms of Sale, as well as any and all Contracts are in the English language only.

1. Definitions and Interpretation

1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

“Contract”	means a contract for the purchase and sale of Services, as explained in Clause 7;
“Services”	means the Services sold by Us through Our Site;
“Order”	means your order for Services;
“Order Confirmation”	means Our acceptance and confirmation of your Order;
“Order Number”	means the reference number for your Order; and
“We/Us/Our”	Clever Accounts Ltd t/a Clever Formations

2. Information About Us

2.1 Our Site, CleverFormations.com, is owned and operated by Clever Accounts Ltd a limited company registered in England under 06249019, whose registered address is Radius House, 4th Floor, 51 Clarendon Road, Watford, England, WD17 1HP and whose main trading address is Brookfield Court, Selby Road, Leeds LS25 1NB. Our VAT number is GB915791011.

3. Access to and Use of Our Site

3.1 Access to Our Site is free of charge.

3.2 It is your responsibility to make all arrangements necessary in order to access Our Site.

3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

3.4 Use of Our Site is subject to Our Website Terms of Use https://cleverformations.com/terms. Please ensure that you have read them carefully and that you understand them.

4. Business Customers and Consumers

4.1 These Terms of Sale apply to business customers only. These Terms of Sale do not apply to individual consumers purchasing Services for personal use (that is, not in connection with, or for use in, their trade, business, craft, or profession).

4.2 These Terms of Sale constitute the entire agreement between Us and you with respect to your purchase of Services from Us. You acknowledge that you have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out in these Terms of Sale and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.

5. International Customers

Please note that We only deliver our Services within the United Kingdom.

6. Services, Pricing and Availability

6.1 We make all reasonable efforts to ensure that all general descriptions of services available from Us correspond to the actual services that will be provided to you. Please note, however, the following:

6.1.1 Where the service is provided by Companies House, we do not have direct ability to change the service.

6.1.2 The nature of the request goes against legislation in place already.

6.2 Please note that sub-Clause 6.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Services, not to different Services altogether.

6.3 Where appropriate, you will be required to select the required package of Services and we do not bear any responsibility for incorrect selections.

6.4 We make no guarantee that services will always be available and cannot always confirm availability until the order is confirmed.

6.5 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that you have already.

6.6 All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your Order, We will simply charge you the lower amount and continue processing your Order. If the correct price is higher, We will give you the option to purchase the Service at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If We do not receive a response from you within 3 days We will treat your Order as cancelled and notify you of this in writing.

6.7 In the event that the price of Services you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.

6.8 Prices on Our Site are shown exclusive of VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

7. Orders – How Contracts Are Formed

7.1 Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting as we may not be able to prevent the company from being incorporated with incorrect details. This will present further costs to amend any details, which we would not be liable.

7.2 If you purchase the “pre-submission” review, we will check for grammatical errors before the order is submitted to Companies House. However, we cannot check the integrity of the data provided, nor whether the correct information has been given.

7.3 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that We have accepted it. Our acceptance is indicated by Us sending you an Order Confirmation by email. Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.

7.4 Order Confirmations shall contain the following information:

7.4.1 Your Order Number;

7.4.2 Confirmation of the Services ordered including full details of the package purchased;

7.4.3 Itemised list of any optional product or service purchased.

7.5 In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 7 working days.

7.6 If you would like to change your order, please contact us as soon as possible and we will inform you whether a change can be initiated and the appropriate costs for change.

7.7 If you wish to cancel your order, please contact us as soon as possible and we will inform you whether this can be done.

7.8 We may cancel your order at any time while providing the Services. We will notify you in writing why the order was cancelled.

7.9 If We cancel your order, any payments taken will be refunded within 7 working days on a pro-rated basis either on time or work completed.

7.10 Any refunds due will be made using the same payment method that you used to order the Services.

8. Payment

8.1 Payment for Services must always be made in advance, unless there is a pre-arrangement credit limit, and you will be prompted to pay during the order process.

8.2 Payment must be made in full for your Order, without any set-off, counterclaim, deduction, or withholding (except where any deduction or withholding of tax is required by law).

8.3 We accept the following methods of payment on Our Site:

8.3.1 Visa

8.3.2 Mastercard

8.3.3 Switch/Maestro/Solo

8.3.4 American Express

8.4 If payment is not made by the due date, we reserve the right to cancel the appropriate service. We are not responsible for notifying you of the cancellation and it is your responsibility to ensure the Service is dealt with.

9. Provision of the Services

9.1 We will endeavour to provide the Service with reasonable care and skill and consistent with best practices and standards within the industry.

9.2 We will make every effort to deliver the Service in a timely manner. We cannot, however, be made responsible for delays outside of our control, for example delays experienced by Companies House, or the portal system.

9.3 We may, from time to time, require additional information from you to commence the Service. If this is required, we will pause the Service until the required documentation is required and acknowledged.

9.4 We will not be held responsible for any incorrect information provided to us that delays the service from being completed. If additional work is required to complete the Service, due to incorrect information provided, we will not be held responsible for covering additional costs and will ask you to make a further payment in order to fulfil the Service.

9.5 If We or any third party provider develops a technical problem, we may need to suspend, or even cancel the Service. In cases or cancellation, a refund will be given.

9.6 All Services must be paid in full before the Service is commenced and we will not be held liable for any costs, interest or penalties incurred due to non-payment of our Services.

10. Company Formation process

10.1 By choosing to register a company though Us, you are authorising us to file information, on your behalf, with Companies House, electronically.

10.2 Provided you have given correct and full information at the time or order, Companies House will generally incorporate your company within 3-6 working hours from Order, Monday to Friday and between 9am – 5pm. However, we cannot bear any responsibility for any delays caused by Companies House and formations can occur up to 24 hours after Order due to Companies house workload. We do not have any control over this process.

10.3 If we cannot submit your company application to Companies house due to information you have omitted, or provided incorrectly, we will make every effort to contact you several times to obtain the information. However, should we not be able to contact you after 1 week, or you have not sent in the updated information, from the initial order we will cancel the order.

10.4 We cannot make any guarantee that your company will be approved and formed at Companies House on the same day as your order it. If you require a same-day formation service, you can purchase the ‘guaranteed same day service’ package, available up to 3pm Monday to Friday.

11. Registered office and service address Services

11.1 When you purchase the Registered office address or Directors’ service address Service from Us, the service provides the company and any Directors with an address that is made public on Companies House.

11.2 We will provide a mail forwarding service for documents relating to HMRC, Companies House any other official government post.

11.3 The Registered office address or Service office address Service should not be used as a trading address, nor will we accept, or pass on communication from customers or suppliers, including payments, invoices, statements or any other general mail addressed to your company to our registered office..

11.4 You are not entitled to use our address for the Registered office address or Service office address without purchasing the Services first. We will only update our address once you have added either of these address services to one of our formation packages, or you have registered an account with us.

11.5 You are responsible for ensuring your company is up to date with all statutory filing requirements and we cannot be held responsible.

11.6 For renewal products, such as the Registered office or the Serviced office address Service, we must have received a renewal payment upfront before we renew the product or Service. Failure to make a payment for the renewal Service will mean the Service is cancelled and we will immediately update the address to an address you previously provided.

11.7 Clever Formations reserves the right to immediately and without notice, cancel an address Service if we believe there is a significant risk to reputation and / or to business. The address will be removed and updated to your residential address with immediate effect.

11.8 One address service per company and you cannot use it for multiple companies or multiple people.

12. Optional products and services

12.1 From time-to-time we may include additional optional products for you to purchase when forming a company or in our ‘shop’. These optional products include, but not limited to:

12.1.1 Pre-submission formation check

12.1.2 Registered office address

12.1.3 Service address

12.1.4 VAT registration

12.1.5 PAYE registration

12.1.6 Accountancy consultation

12.1.7 Business bank account

12.1.8 Bookkeeping app

12.1.9 Dormant accounts service

12.1.10 Confirmation statement filing

13. Services we do not provide

13.1 We do not provide the following services or products directly.

13.1.1 Accountancy advice

13.1.2 Financial advice

13.1.3 Auditing or tax advice

13.1.4 Legal advice, including company share structure

13.1.5 Business planning, cashflow forecasts or feasibility studies.

14. Refund policy

14.1 Our refund policy is set out in our ‘cancellations and refund policy’. Please refer here for specific information about our refund policy.

15. How We Use Your Personal Information (Data Protection)

We will only use your personal information as set out in Our Privacy Policy, available from https://cleverformations.com/privacy and Our Cookie Policy, available from https://cleverformations.com/cookie-policy.

16. Other Important Terms

16.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.

16.2 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.

16.3 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.

16.4 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.

17. Law and Jurisdiction

17.1 These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

17.2 Any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.