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TERMS
AND CONDITIONS OF USE
1. Definitions'our',
'we' and 'us' means Pip it Up Ltd and, where applicable, its officers, employees and
authorised agents;'our site' means our website '& you' and
'your' include any business with which you are associated and on behalf of which you use our site;'services'
means the company formation service, certificate replacement service and other ancillary services offered on our
site and where relevant includes any goods supplied by us; and'terms and conditions'
includes these terms and conditions of business, our Privacy Policy and all other instructions to you posted on
our site.
2. Terms and Conditions
2.1 When requesting
services from our site you agree to comply with the on-line ordering procedure as prompted on our site.By accessing the
content of www.pipitup.co.uk (“the Website”) you agree to be bound by the terms and conditions set out herein and you accept our privacy
policy. If you object to any of the terms and conditions set out in this agreement you should not purchase any of
the products or services on the Website.
2.2 Our Company Formation services shall consist of the electronic, standard premier
and deluxe packages or other incorporation services listed and described on the Company Formations pages. Any alterations
to our standard Memorandum & Articles of Association or formation of a company with your own documents shall
be subject to an additional charge. When supporting information is required to be submitted to Companies House before
a company name can be accepted a charge will be made for submission of the information. If you require us to make changes
on your behalf we reserve the right to charge an Administration Fee
.2.3 Our Registered Offices
services shall consist of the services listed and described on the Registered Office page. The Registered Office service
does not entitle the user to hold out this address as his trading address; the address may be given
on any document, letterhead or invoice or published on any website only when its described as a registered
office address. The Registered Office service is not to be used for receiving parcels or large volumes of commercial mail
and an additional charge will be made for forwarding where such mail has been received. We may withdraw the service at
any time at our discretion if, in our opinion, the address is being used for any illegal purpose or to enable the user
to avoid his responsibilities to the authorities, his customers or the general public. If after repeated invitations
to renew the service at year end, the service is not renewed, and the a change of address to an address other than our
own is not filed, we reserve the right to file a change of registered office address to the address of the purchaser
of the company or any UK address you have provided in the course of your business with us.
2.4
Due to the implementation of 2007 Money Laundering Regulations it is now necessary for all Trust and Company Services
providers including company formation agents to register with HM Revenue & Customs and to put anti-money laundering
systems into place. We are therefore required to ask for formal identification of company directors and
beneficial owners of companies before we can undertake to provide Registered Office services for your company and will
require you to send us a recent utility bill showing your name and current address and also a passport or a photo
driving licence. These can be original documents or copies certified by a solicitor, notary public or commissioner for
oaths. We can process the order immediately to form your new company and act as Registered Office but will
have to file a change of registered office address to the address of the purchaser of the company or any UK address you
have provided in the course of your business with us if the due diligence information is not provided within 14 days
of the commencement of the service. Customers based overseas who do not have a valid uk address will need
to email a copy of passport and utility bill before incorporation, customers who do not have a valid UK address and fail
to pass Due Diligence requirements, company mail will be returned to sender.
2.5 Company
name reservation: Subject to the rest of these terms, and to your full compliance with them, once we have
received payment we will: Apply to register at Companies House a private company limited by shares under the Company
Name ('the Company'). Provide a registered office for the Company. Subscribe to the issued shares of the
Company, and hold them as your nominee. Provide a nominee director (actual person) for the Company. Comply
with all legal and regulatory requirements connected with the registration of the Company. Maintain the Company
as a dormant company. Report the dormant status of the Company to HM Revenue & Customs, and maintain such
records (including those required for taxation purposes) as the law requires of dormant companies, Comply with all relevant
statutory filing and reporting requirements. 2.6 At any time during your subscription to the Service, you may request details are
changed to your nominated officers. Such a request constitutes a request for the retirement of the nominee director, and you
must provide all the particulars and supporting documentation required for the appointment of at least one director. There
is a admin charge of £45.00.
2.6 Once we have received everything required , we will do all that we reasonably can
to complete the transfer of the shares to you, the retirement of the nominee director, the appointment of the new director(s),
and the filing of all relevant forms at Companies House, whereupon our obligations under these terms end.
2.7
This Clause applies if a third party asserts that the registration of the Company under the Company Name, the maintenance
of the Company under that name, or our providing the Service in respect of the Company, infringes its rights in any name or
trade mark or constitutes passing off, unfair competition, or any similar or related actionable wrong. We will promptly inform
you of the assertion and provide you with any information supplied to us in connection with it. Unless you then apply to have
the issued shares in the Company transferred to you in accordance with Clause within 7 working days, we will dissolve
the Company and our obligations under these terms will come to an end.
2.8 You must deal with
the assertion at your own expense.
2.9 Until the issued shares in the Company have been transferred to you, you must not use
the Company or the Company Name for any purpose, including for the purpose of trade or in connection with any advertisements,
financial transactions, guarantees or contracts. You must inform us of any change to your contact details.
2.10 We
may bring your subscription to an end at any time, without cause, by giving you at least 28 days' notice. If we do, we
will refund a fair and reasonable part of any charges you have paid. Once we have served notice, unless you then apply to
have the issued shares in the Company transferred to you in accordance before the end of the 28 day period, we shall dissolve
the Company.
3. Your
Obligation3.1 We only provide services on the understanding that
you have given us full and proper instructions and the authority to lawfully carry out those instructions. You warrant
that you are acting on your own authority or have the authority of your client to instruct us. Where you have appointed
officers to the company you warrant that you have the full consent of those officers to be so appointed.
3.2 You
undertake to ensure the accuracy and completeness of the information you provide us and accept all liability
for the rejection of documents due to inaccuracies or incompleteness.
3.3 It
is your responsibility to ensure that any company name is available for registration and can be lawfully
used by you. We accept no liability for your choice of name. You are responsible for ensuring that your choice
of company name or domain name does not infringe any intellectual property rights of any other person in the UK
or worldwide4. Our Obligations
Refund Policy 4.1 Should you purchase your company
or BMD Certificate through Pip it up Ltd and change your mind before submission to Companies House, Government registrar or
Company registers outside of the UK, we will refund all monies paid to us. Refunds cannot be given once your details have been submitted to the relevant
agency. Pip It Up can not offer cancellation rights as the
orders are directly processed into the relevant government systems, the following directive relates to the exception to the
right to cancel, leaving us unable to stop the system. If a BMD certificate can not be processed
we will part refund once we have taken a search fee of £8.50 for a standard service and £25.00 for a Priority
service. In
the unlikely event that we make a mistake on a certificte we will send you a corrected certificate as soon as you notify us
of our mistake, you must do that within 7 days.If the mistake is in regard to a Company or any ancillary prodcucts we
will correct the error within 7 days. Registered office facilty can not be refunded or part refunded as it is contractal Other
items purchased from Pip It Up ltd will be refunded provided we are notified within two weeks of the purchase taking place.
4.2 On
accepting a request for services from you we will acknowledge our acceptance and confirm the details you have supplied
us with by way of e-mail. Our acceptance of instructions is deemed to have occurred at the time of our sending
the e-mail and not at the time of your receipt.4.3 Until we receive further
instruction from you we will keep, to your credit, any application or filing fee that is returned to us on the rejection
of any application or filing.
4.4 In the event of Companies House rejecting an application
or submission you will have three days to re-submit the application with appropriate corrections at no extra charge.
4.5 We
act as an agent for you when dealing with Companies House or any other registry or Revenue authority in any jurisdiction.
Any fees, levies, fines, excises, penalties, excess charges, licences, duties, taxes, registration fees, search fees
or other costs incurred are done so on your behalf as a disbursement whether or not we consulted with
you prior to paying the aforementioned.
5. Price
and Payment
5.1 The
prices payable for services that you order are set out on our site. We reserve the right to vary these prices
from time to time and post such changes on our site. Fees charged by Companies House or other registars are those
in force from time to time as charged by Companies House or other registrar .5.1 Payment
will be made by credit/debit card, paypal or cheque or postal order, in person or by bank transfer.
5.2 You
agree to pay the prices set out on our website for services selected by clicking the buy now button
.5.3 All
companies shall remain our property until payment is received in full.
6. Performance
& Delivery
6.1 Time
is not of the essence for the performance of the services. We will use our reasonable endeavours to meet
the time estimates given on our site but these remain estimates and in particular we accept no responsibility for delay
caused by third parties or for reasons outside our control (such as the unavailability of the world
wide web or for computer systems or telecommunications failure or where outside agencies systems have
failed).Delivery times quoted are given in good faith. At certan times the process may be slower
due to busy time of year eg: certificates required for passports etc, we will endevour to announce on our website any
such delays and whilst in around 99% of the ordered products are adhered to they do not form part of our contract the given time
is based on working days and is deemed to commence on the next working day following receipt of order and payment. Pip It
Up Ltd will despatch corporate documents and BMD Certificates via 1st Class Royal Mail, we cannot be held responsible
for lost or non receipt however Pip It Up Ltd will at our discretion will issue additional
documents/ certificates at no extra charge to the customer.
6.2 We
are not obliged to accept any request or to continue to perform any service. We reserve the right to reject any
request or to discontinue the performance of any service without liability.
7. Exclusions and
Limitations
7.1 We
make no representations or warranties about the accuracy, completeness, or suitability for any purpose of
the information and related graphics published in our site. The information contained in our site may contain technical
inaccuracies or typographical errors and is intended to be a general indication of our services only. Any implied
terms including those as to quality, fitness for purpose, compliance with description or sample are excluded unless
you deal as a consumer. If you do deal as a consumer these terms do not affect your statutory rights.
7.2 Except
in claims relating to death or personal injury resulting from negligence or as otherwise prescribed by law our liability
for any loss or damage (compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss
of or damage to property and claims of third parties) arising out of any single claim will be limited to the value
of re-supplying the relevant product or service to you.7.3 You agree
that this limitation is reasonable having regard to the nature of our site and in particular given
that when you purchase information or services through our site you will enter into a separate contract with us
in each case.7.4 Each of the provisions of this clause 8 shall be construed as
a separate, and severable, provision of these terms and conditions.
8. Variation
8.1
We reserve the right at any time without notice to revise the content of our site (including
the services offered by us) and the terms and conditions. The current version of our terms and conditions will
be posted on our site and by continuing to use our site you will signify that you agree to be bound by those terms
and conditions as amended from time to time.
9. Termination
of Access
9.1 We
reserve the right in our sole discretion to deny users access to our site or any part of our site without notice
and to decline to provide the service to any user that is in breach of the terms and conditions.10. Link
to other sites11.1 Certain
links, including hypertext links, in our site may take you outside our site. Links are provided for your
convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator
or its content. We are not responsible for the content of any website outside our site.
11. Force
Majeure12.1 We
shall not be liable to you for any breach of the terms and conditions or any failure to provide or delay
in providing our services through our site resulting from any event or circumstance beyond our reasonable control
including, without limitation, breakdown of systems or network access, fire, explosion or accident.12. Privacy13.1 You
agree that we may collect, store, and use information about you in accordance with our Privacy Policy. You
acknowledge and agree to be bound by the terms of our Privacy Policy.
13. Ownership Rights13.1 All
rights in the design, text, graphics and other material on our site and the selection or arrangement thereof
are the copyright of us or other third parties. Permission is granted to electronically copy and print in hard copy portions
of our site solely in connection with the acquisition of goods or services through our site. Any other use
of materials on our site (including reproduction for purposes other than those noted above and alteration, modification,
distribution, or republication) without our prior written permission is strictly prohibited.
14. Third
Party Rights14.1 These
terms and conditions are not intended to be enforceable by any third party as provided by the Contracts (Rights
of Third Parties) Act 1999.
15. Jurisdiction
15.1 Our
relationship with you will be governed by English law and will be subject to the exclusive jurisdiction of the
English courts.
16. Offshore work 16.1. If you instruct us in relation to work
which will be carried out outside Great Britain we may, as your agent, directly or through an intermediary request another
contractor to carry out some or all of this work for you. In such circumstances we have no control over the activities of
those providing the service to you ("Third Party Contractors"). We take all reasonable care to choose Third Party
Contractors with good reputations and in instructing them on your behalf. We accept no responsibility however for the services
Third Party Contractors provide to you nor for any errors or omissions in their work product. If a mistake is made by Third
Party Contractors that causes you loss, we will, on being properly secured by you as to costs, co-operate with you in bringing
proceedings against the contractor concerned. Acting as agent we shall pay the charges of Third Party Contractors on your
behalf and recharge them to you with our own agency fees. | |
DisclaimerNeither Pip
It Up Ltd nor anyone of its employees provides legal services or legal advice. No representations or warranties express or
implied, are given regarding the legal or other consequences resulting from the use of Pip It Up web site. The information
contained in this Internet site should not serve as a substitute for legal advice.All information herein
has been prepared solely for informational purposes, and it is not an offer to buy or sell, or a solicitation of an offer
to buy or sell any security or instrument or to participate in any particular trading strategy. By accessing the content
of www.pipitup.co.uk (“the Website”) you agree to be bound by the terms and conditions set out herein and you accept our privacy
policy. If you object to any of the terms and conditions set out in this agreement you should not purchase any of
the products or services on the Website.
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