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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 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 pages. The Registered Office service does
not entitle the user to hold out this address as his trading address; the registered office 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 either an additional charge will be made for forwarding where such mail has been received. We reserve the
right to return such mail to sender if no agreement for forwarding general mail has been agreed. 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. We reserve the right
at any time without notice to revise the registered office service offered by us due to changes in government regulations
or licences, lease agreements or sale of the business.
2.4 Due Diligence: 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.
2.11 Barclays
Business Bank Account Referral Service a.Where you request
a bank account through The Business Bank Account Referral Service you confirm that you agree to your details being submitted
on your behalf to Barclays Bank plc and to being contacted directly by Barclays Bank plc for the purposes of fulfilling the
bank account request. b.Where you request a bank account through The Business Bank Account Referral Service on behalf of a third party for
whom you are making a company formation application, you confirm that the third party has agreed to their details being submitted
on their behalf to Barclays Bank plc and to being contacted directly by Barclays Bank plc for the purposes of fulfilling the
bank account request. 3.The Business Bank Accounts are opened by and provided by Barclays Bank plc and subject to the terms and conditions
as set forth by Barclays at the time of account opening.
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 Doducent or service 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 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 sites 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
Majeure
12. 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..
Privacy12.1 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 Rights
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
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Disclaimer Neither 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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