Comdal Limited provides the website ECompanyTax.com and the
services provided through this website to you subject to the
terms and conditions of use.
Please read these Terms carefully before using the service.
By using the service you agree to be legally bound by these
Terms and all terms, policies and guidelines incorporated in
these terms. If you do not agree with these terms in their
entirety, you may not use the services provided.
Comdal Ltd reserve the right to change or modify any of the
terms and conditions contained in these terms or any policy
or guideline applicable to the service, at any time and at
its sole discretion. We will notify you at the email address
provided at registration, if we make any changes to these
terms and conditions.
You are deemed to have accepted these Terms and Conditions
when you tick the acceptance box on our registration form
and log on for the first time.
We are: Comdal Limited, registered in England &
Wales, Company Number 7958931.
Comdal Ltd own and
operate the site
ECompanyTax.com
You are: Anyone who uses Our Website or purchases our
services.
1. Definitions
Us, we, our means Comdal Limited you means the
user of this website or the party purchasing amd/or using a
service from us. Content means the textual, visual or
aural content that is encountered as part of your experience
on Our Website. It may include, among other things: text,
images, sounds, videos and animations. It includes content
input by you.
Intellectual Property means intellectual property owned
by us, of every sort, whether or not registered or registrable
in any country, including intellectual property of all kinds
coming into existence after today; and including, among
others, patents, trademarks, unregistered marks, designs,
copyrights, domain names, discoveries, creations and
inventions, together with all rights which are derived from
those rights.
Our Website means any website of ours, and includes all
web pages controlled by us.
Product means any product sold or offered for sale by
us on Our Website.
Software means the software you will use in association
with the Product. It includes all software owned by us,
regardless of the source from which you acquired it, and the
time when you have or will acquire it.
Accounting period means the company accounting
reporting period, this is normally 12 months, but can span a
longer period where it has been 'extended'
Managed Filing means a service provided by us where we
prepare company end of year filing returns for HMRC and
Companies house, based on your end of year summarised
book-keeping information.
2. Interpretation
In this agreement unless the context otherwise requires:
-
every term in this agreement applies both to the Product
and to any Software, so far as it may so apply.
-
a reference to a person includes a human individual, a
corporate entity and any organisation which is managed or
controlled as a unit.
-
in the context of permission, “may not” in connection with
an action of yours, means “must not”.
-
the headings to the paragraphs and schedules (if any) to
this agreement are inserted for convenience only and do
not affect the interpretation.
-
any agreement by either party not to do or omit to do
something includes an obligation not to allow some other
person to do or omit to do that same thing;
-
any obligation of any person arising from this agreement
may be performed by any other person;
-
a reference to an act or regulation includes new law of
substantially the same intent as the act or regulation
referred to.
-
these terms and conditions apply to all supplies of
Products by us. They prevail over any terms proposed by
you.
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this agreement is made only in the English language. If
there is any conflict in meaning between the English
language version of this agreement and any version or
translation of this agreement in any other language, the
English language version shall prevail.
3. Basis of Contract
-
In entering into this contract you have not relied on any
representation or information from any source except the
definition and explanation of a Product given on Our
Website.
-
If you use Our Website in any way and make an order on
behalf of another person you warrant that you have full
authority to do so and you accept personal responsibility
for every act or omission by you.
-
You acknowledge that you understand exactly what is
included in a Product and you are satisfied that the
Product you have selected is suitable and satisfactory for
your requirements;
-
You must not copy or publish Software except as
specifically allowed in this agreement.
-
We may change these terms from time to time. The terms
that apply to you are those posted here on Our Website on
the day you order a Product.
4. Privacy Policy
Before you continue using our website we advise you to read
our
privacy policy
regarding our user data collection. It will help you better
understand our practices.
5. Your Rights to use the Service
You are only granted the right to use the Services and only
for the purposes described by Comdal. Comdal reserves all
other rights in the Services. Until termination of this
Agreement and as long as you meet any applicable payment
obligations and comply with this Agreement, Comdal grants to
you a personal, limited, non-exclusive, non-transferable right
and license to use the Services.
You agree not to use, nor permit any third party to use, the
Services or content in a manner that violates any applicable
law, regulation or this Agreement. You agree you will not:
Provide access to or give any part of the Services to any
unauthorized third party.
Reproduce, modify, copy, deconstruct, sell, trade or resell
the Services.
Make the Services available on any file-sharing or application
hosting service.
6. Payment
Fees and any other charges for the use of the Application may
change from time to time. If we change them, we will give you
at least 30 days notice. If they do change, your continued use
of the Application, indicates your agreement with the new fees
and charges after the effective date of the change. Any change
to fees and other charges will not be applicable to the
billing period in which the change occurs. You are responsible
for all taxes applicable to the fees and charges in any
applicable jurisdiction.
The Services are offered on a payment basis, the following
terms apply if you are the User paying for the Services,
unless Comdal Ltd. or its third party affiliate notifies you
otherwise in writing. This Agreement also incorporates by
reference and includes the following payment terms provided to
you on the website for the Services:
Payment is in Pounds sterling (£), plus any applicable tax as
shown on the
pricing page.
Your account will be debited when you purchase a Service.
If your payment and registration information is not accurate,
current, and complete and you do not notify us promptly when
such information changes, we may suspend or terminate your
account and refuse your use of the Services.
If you you purchase a pay as you go product (for example an
annual tax filing), then you will be charged only once for the
service.
7. Security of card payment data
We take care to make our Website safe for you to use.
Any card payments you make to purchase services are processed
using a third party Card processor (currently Stripe). We do
not store or transmit any card data, however we do ensure that
all data captured and transmitted is in accordance with best
encryption practices. It is your responsibility to ensure that
when using the website your browser is displaying the
respective secure symbol (example padlock) and that your
browser is kept updated with security patches from the vendor.
8. Cancellation and refund policy
On a Managed Filing products we offer a full refund if you
request a refund before we have started work on your filings.
If we have started work on your managed filing we will deduct
ant time we have spent up to the point of cancellation at a
rate of £150/hr. You will be refunded any remaining balance.
Where a refund is requested on an unused filing product after
28 days, we will charge a fixed administration fee of £25.
We will refund money subject to you telling us clearly what is
the fault you complain of, when it first became apparent, and
other information to enable us to identify or reproduce it.
We will not refund any amounts paid under any
circumstances where a successful submission to HMRC or
Companies House either through the submission service provided
by this website or other has been made; for the avoidance of
doubt a successful transmission is where HMRC or Companies
House have responded with a filing success message.
We do not refund any amounts for unused purchases after 90
days from the date of purchase. If you repeatedly make refund
requests within the same month, we reserve the right to deduct
an administrative charge on the refunded amount.
We reserve the right to refuse a managed filing order after
purchase, if the work required is more complex than a small
business would normally transact. In this circumstances we
will refund any amounts paid to use for this managed filing in
full, unless we have had to perform work to determine that the
case is complex.
9. Customer Data
We do not claim any ownership interest in your User Content,
but we do need the right to use your User Content to the
extent necessary to operate the Site and provide the Services,
now and in the future.
The customer shall own all right, title and interest in and to
all of the customer data and shall have sole responsibility
for the legality, reliability. integrity, accuracy of the
Customer data
If Comdal Ltd process any personal data on the Customer's
behalf when performing its obligations under this agreement,
the parties record their intention that the Customer shall be
data controller and Comdal Ltd. shall be data processor and in
any such case:
The Customer shall ensure that the Customer is entitled to
transfer the relevant personal data to Comdal Ltd. so that
Comdal Ltd. may lawfully use, process and transfer the
personal data in accordance with this agreement on the
Customer's behalf. The Customer shall ensure that the relevant
third parties have been informed of, and have given their
consent to, such use processing and transfer as required by
all all applicable data legislation.
Comdal Ltd. shall process any personal data only in accordance
with the terms of this agreement, the documentation and any
lawful instructions reasonably given by the Customer from time
to time.
Each party shall take appropriate technical and organisational
measures against unauthorised or unlawful processing of the
personal data or its accidental loss, destruction or
damage.
The Customer shall indemnify Comdal Ltd. in respect if any
loss damages or costs (including reasonable legal costs)
arising out of any breach of this the Clauses 3 by the
Customer.
10. Technical Support, service availability and changes
Comdal Ltd will take all steps possible to ensure that our
website is available 24 hours a day, 7 days a week.
It is possible that on occasions the Website may be
unavailable to permit us to upgrade or maintain our systems,
we will endeavour to keep any downtime to a minimum but do not
guarantee system at all times
You acknowledge that our service may also be interrupted for
many reasons beyond our control.
You agree that we are not liable to you for any loss,
foreseeable or not, arising from any interruption to our
service.
Help Desk support is available Monday to Thursday 08.30 to
17.30. Friday 08.30 to 16.30 (excluding Bank Holidays).
Our platform constantly undergoes change, we release new
product features and changes to functionality regularly, in
doing so we may change a screen flow, method of calculation or
logic. We therefore, do not guarantee that data entered into
the system before a change will be consistent and/or displayed
in the same way at a later period. When our filing product is
used, the filing artifacts are saved and these will never
change as they are your record of submission. However if you
enter data and come back at a later date you are responsible
to check your inputs and outputs before you make any filing
submission.
11. Professional Advice & liability for managed returns
Whilst we will try and assist with any queries relating to the
use of our services, any information that we provide does not
constitute legal, accounting, tax, investment or other
professional advice or services. You should not act upon any
information that we provide without obtaining specific
professional, legal or tax advice. No representation or
warranty (express or implied) is given as to the accuracy or
completeness of any information provided, and, to the extent
permitted by law, Comdal Limited, its members, employees and
agents do not accept or assume any liability, responsibility
or duty of care for any consequences of you or anyone else
acting, or refraining to act, in reliance on the information
provided or for any decision based on it.
You are responsible for checking and validating that any data
or automated calculations made by the system in any returns or
reporting to Government agencies are correct. Where
we create and submit any returns or reports on
your behalf, you understand and accept that we
are not operating on a agency basis and that you remain the
party making the legal declaration, and therefore are fully
liable for your return or report submission with any future
investigations & questions wholly between you and the
investigating agency, you also accept that we will not be
liable for any costs or fines incurred as a result of
incorrect or late filing of a return to any government agency,
and thus it is your obligation to review all filing materials
before submission and ensure timely delivery.
12. Terms of Service for Managed Filings
1. Due Diligence
For our Managed Filing Service, we must comply with Anti
Money Laundering (AML) legislation. As part of our
compliance to this legislation, in certain circumstances, we
may need to carry out customer due diligence checks. The
following checks will need to be carried out for Persons of
Significant Control within the Company, and therefore we may
ask for:
- Full Name
- Scanned Passport/Drivers Licence
- Proof of residential address
- Date of Birth
2. Service Provided
2.1 The service includes, for a single accounting period; a)
the preparation of set of full(statutory) accounts in either
FRS105 for Micro Companies or FRS102 for Small Companies; b)
the preparation of a Company Corporation tax return (CT600),
or returns if the accounting period is greater than 12
months, and associated computations; c) a set of abridged
accounts for Companies House.
We will provide you with a draft version of the accounts and
tax calculation for you to approve. Once you have approved
your returns we will submit to HMRC and Companies House
using the Companies HMRC and/or Companies House Gateway
credentials.
2.2 We aim to have your filings prepared and ready for you
to review within 2 working days from your receipt of your
companies end of year data being acceptable for filing
preparation. If your filing due date is approaching, it is
your responsibility to share all the information that we
request (see 2.3) in a timely manner to ensure that we are
able to meet your due date. (Due date for Companies House is
usually 21 months after the date of incorporation, 9 months
after the end of your accounting period end date. Due date
for HMRC is 12 months after the end of your accounting
period end date).
2.3 You will provide summed up totals of all your
transactions, both income and expenditure through-out the
reporting period. You will also provide details of your bank
balance and copies of previous years filings (if
applicable). You will provide details of any fixed assets,
any debtors or creditors due.
If you do not provide your transactions in a summed up from
(either in excel, CSV, Word, pdf or downloaded directly from
your book-keeping package) and require book-keeping
services, we reserve the right to charge an additional fee
to cover the additional costs of preparation.
2.4 It is your responsibility to provide company end of year
information in a timely fashion. If you have not uploaded or
provided any information after 90 days from payment, we
reserve the right to close your case, and after which no
refund will be payable.
2.5 We make submissions to HMRC and/or Companies House on
your behalf using the Company being filed for HMRC Gateway
Credentials (i.e username and password) and/or the Companies
House Authentication code. If you require us to use our
Gateway credentials then we will need to undertake enhanced
Anti Money Laundering checks which will incur an additional
fee of £199+vat.
2.6 Within the price paid for the managed filing service we
do not provide any services in relation to past or future
HMRC or any other government agency investigations from any
filings we make on your behalf. It is up to you to review
the filings that we prepare and approve them for submission.
If you would like us to assist with any HMRC or other
investigation, we will provide quote for any the work, but
are under no obligation to do so.
2.7 You are responsible for paying any tax liability
calculated to HMRC in a timely fashion.
4. Exclusions
4.2 The submission of the Annual Companies House
Confirmation statement (this can be purchased as a separate
service).
4.3 Any research and development and/or creative credits,
and or claims under the RDEC scheme.
4.4 Losses moved between other entities as part of a group.
4.5 CT600 Supplementary Pages: B, C, D, E, F, G, I, J, K, L,
M, N, P.
13. Intellectual Property
All Intellectual property rights relating to the service, the
documentation of the service remain the property of Comdal
Limited. You may not copy, modify, publish, transmit, or sell,
create derivative works from, distribute, perform, display, or
in any way exploit any of our Intellectual Property or that
owned by any third party and accessible to you via Our
Website.
14. Reviews and Testimonials
If after using our service and paying you choose to leave a
review on our site or another third party platform which
regards the review as User Generated Content, you hereby grant
Comdal Limited a non-exclusive, royalty-free, fully paid,
transferable, perpetual, fully paid up license to reproduce,
distribute, publicly display, transmit, communicate to the
public, publicly perform on a through-to-the-audience basis,
create derivative works from, and otherwise use and exploit
(collectively, "Use") all Reviews you post on our site or any
other third party site, in relation to our products or
services.
15. Disclaimer and limitation of liability
The Site, the Content and the Services are provided to you
without warranties from Comdal Ltd of any kind, either express
or implied. Comdal Ltd expressly disclaims all other
warranties, express or implied, including without limitation
implied warranties of merchantability, fitness for a
particular purpose, title and non-infringement. Comdal Ltd
does not represent or warrant that Site, the Content or the
Services are accurate, complete, reliable, current or
error-free. While Comdal Ltd attempts to make your access to
and use of the Services safe, Comdal Ltd does not represent or
warrant that the Site, the Content, or the Services are free
of viruses or other harmful components.
If You suffer loss or damage (including loss of information,
Data, profits and savings, or incorrect tax payable) as a
result of the service provided, negligence or failure to
comply with these Terms, any claim by you against Comdal
Limited will be limited in respect of any one incident, or
series of connected incidents, to the Subscription Fees or
payments made by You in the previous 6 months.
If You are not satisfied with the Service, your sole and
exclusive remedy is to terminate these Terms and your use of
the Software and Website.
16. Warranty Disclaimer
The Site, the Content and the Services are provided to you on
basic without warranties from Comdal Ltd of any kind, either
express or implied. Comdal Ltd expressly disclaims all other
warranties, express or implied, including without limitation
implied warranties of merchantability, fitness for a
particular purpose, title and non-infringement. Comdal Ltd
does not represent or warrant that Site, the Content or the
Services are accurate, complete, reliable, current or
error-free. While Comdal Ltd attempts to make your access to
and use of the Services safe, Comdal Ltd does not represent or
warrant that the Site, the Content, or the Services are free
of viruses or other harmful components.
17. Miscellaneous
If any provision of these Terms shall be deemed unlawful, void
or for any reason unenforceable, then that provision shall be
deemed severable from these Terms and shall not affect the
validity and enforceability of any remaining provisions.
Comdal Ltd may assign any or all of its rights hereunder to
any party without your consent. You are not permitted to
assign any of your rights or obligations hereunder without the
prior written consent of Comdal Ltd, and any such attempted
assignment will be void and unenforceable. These Terms
constitute the entire agreement between you and Comdal Ltd
regarding your use of the Site, the Content and the Services,
and supersede all prior or contemporaneous communications
whether electronic, oral or written between you and Comdal Ltd
regarding your use of them. The parties confirm that it is
their wish that these Terms, as well as any other documents
relating to this Terms, including notices, have been and shall
be drawn up in the English language only.
18. Comments and Questions