Quick File Electronic Incorporation Wizard
Terms and Conditions
1
Definitions
1.1
“Service(s)” shall mean any or all of the services provided by Quick File (UK) Limited under the ‘Quick File Electronic Incorporation Wizard’.
1.2
“The User” the individual who will use the Service under the terms and conditions described herein.
1.3
“Payment Service Provider” The Company responsible for collecting payments from the User in return for access to the Service.
1.4
“The Website” refers exclusively to the Quick File website at www.quickfile.co.uk.
2
Payment
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.
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 Quick File and will be based on the current status of the application. If an application has already been sent from Quick File 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 Quick File 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 Quick File 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 Quick File.
5.2
Quick File 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 Quick File’s gross negligence or willful misconduct, neither Quick File 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 Quick File 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, Quick File'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 Quick File (including, but not limited to, Quick File’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
Quick File 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 Quick File or its employees will create a warranty; nor may Users rely on any such information for advice. Quick File 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 Quick File at his/her own risk.
7.2
The User acknowledges that Quick File 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 Quick File nor any of its employees, partners or subsidiaries are engaged in rendering legal advice.
7.4
Quick File will use all reasonable endeavors to meet the time estimates provided on the Website however these are only estimates and Quick File 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 Quick File 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.
