TAXFILER TERMS OF USE

Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

RELIANCE ON INFORMATION POSTED & DISCLAIMER

The materials contained on our site are provided for general information purposes only and do not claim to be or constitute legal or other professional advice and shall not be relied upon as such.

We do not accept any responsibility for any loss which may arise from accessing or reliance on the information on this site and to the fullest extent permitted by English law, we exclude all liability for loss or damages direct or indirect arising from use of this site.

Our support teams are happy to provide information and support regarding the Taxfiler web site. Any tax information we provide as part of our website support service is of a general nature and is not a substitute for professional advice. We do not accept any responsibility for any loss whether or not as a direct or indirect result of the information which we may provide and to the fullest extent permitted by English law, we exclude all liability for loss or damages direct or indirect arising from use of such information.

INFORMATION ABOUT US

taxfiler.co.uk is a site operated by Taxfiler Limited ("We"); we are a company registered in England and Wales under registration number 8168004. Our operating address and registered office is Room 21, John Dickinson Enterprise Centre, London Road, Hemel Hempstead, HP3 9QU, United Kingdom. Our VAT number is 144 8790 81.

AGREEMENT TO USE THE SERVICE

By registering to use the Service you acknowledge that You have read and understood these Terms and have the authority to act on behalf of any person for whom You are using the Service. You are deemed to have agreed to these Terms on behalf of any entity for whom you use the Service.

DEFINITIONS

"Agreement"
means these Terms of Use.

"Subscription Fee"
means the fee payable by You in accordance with the fee schedule set out on the Website at the time you register. Taxfiler Limited

"User"
means the person who registers to use the Service, and includes any entity on whose behalf that person registers to use the Service.

"Additional User"
means a person who has been given log-in details by the User to access the Service

"You"
means the user of the taxfiler.co.uk website, who may or may not subscribe to the service

GOVERNING LAW

Governing law and jurisdiction

In all situations this Agreement is governed by the laws of England and Wales and You hereby submit to the exclusive jurisdiction of the courts of England and Wales for all disputes arising out of or in connection with this Agreement.

USE OF THE WEBSITE

Taxfiler Limited grants You the right to access and use the Service via the Website with the particular user roles available to You according to Your subscription type. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement. You acknowledge and agree that, subject to any applicable written agreement between the Subscriber and the Additional Users, or any other applicable laws:

- the User determines who is an Additional User and what level of user role access to the relevant organization and Service that Additional User has.

- the User is responsible for all Additional Users' use of the Service;
the User controls each Additional Users' level of access to the Service at all times and can revoke or change an Additional Users' access, or level of access, at any time and for any reason, in which case that person or entity will cease to be an Additional User or shall have that different level of access, as the case may be.

If there is any dispute between a User and an Additional User regarding access to the Service, the User shall decide what access or level of access to the relevant Data or Service that Additional User shall have, if any.

YOUR OBLIGATIONS

Payment

If You are subscribed to a monthly payment plan then an invoice for the Subscription Fee will be issued each month. All invoices will include the Subscription Fee for the following period of one month of use. Taxfiler Limited will continue invoicing You monthly until this Agreement is terminated.

If You are subscribing with a one-off payment, You will be issued with an invoice for payment and must complete payment before using the Service.

You must pay or arrange payment of all amounts specified in any invoice by the due date for payment. You are responsible for payment of all taxes and duties in addition to the Subscription Fee.

If Taxfiler Limited does not receive the subscription fee then access to the account may be suspended until payment is received. If subsequent subscriptions remain unpaid then Taxfiler Limited reserve the right to terminate the account.

General

You must only use the Service and Website for Your own lawful internal business purposes, in accordance with these Terms and any notice sent by Taxfiler Limited or condition posted on the Website.

Access conditions

You must ensure that all passwords required to access the Service are kept secure and confidential. You must immediately notify Taxfiler Limited will reset Your password and You must take all other actions that Taxfiler Limited reasonably deems necessary to maintain or enhance the security of Taxfiler Limited's computing systems and networks and Your access to the Services.

As a condition of these Terms, when accessing and using the Services:

You must not attempt to undermine the security or integrity of Taxfiler Limited's computing systems or networks;

You must not use, or misuse, the Services in any way which may affect the functionality of the Services or Website, or other systems used to deliver the Services or impair the ability of any other user to use the Services or Website;

You must not attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access or to the computer system on which the Services are hosted.

You must not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer the Website except as is strictly necessary to use it for normal operation.

Usage Limitations

There are no usage limitations related to the Website. Taxfiler Limited reserves the right to introduce usage limitations in the case of excess usage by any particular client that affects the functioning of the Website as a whole. Any such limitations will be specified clearly on the Website prior to their introduction.

Communication Conditions

As a condition of these Terms, if You use any communication tools available through the Website. You agree only to use such communication tools for lawful and legitimate purposes. You must not use any such communication tool for posting or disseminating any material unrelated to the use of the Services, including (but not limited to): offers of goods or services for sale, unsolicited commercial e-mail, files that may damage any other person's computing devices or software, content that may be offensive to any other users of the Services or the Website, or material in violation of any law.

When You make any communication on the Website, You represent that You are permitted to make such communication. Taxfiler Limited is under no obligation to ensure that the communications on the Website are legitimate or that they are related only to the use of the Services. Taxfiler Limited reserves the right to remove any communication at any time at its sole discretion.

Indemnity

You indemnify Taxfiler Limited against: all claims, costs, damage and loss arising from Your breach of any of these Terms or any obligation You may have to Taxfiler Limited, including (but not limited to) any costs relating to the recovery of any Subscription Fees that are due but have not been paid by You. You indemnify Taxfiler Limited against all claims related to loss of data however they may arise.

CONFIDENTIALITY AND PRIVACY

Confidentiality

Unless the relevant party has the prior written consent of the other or unless required to do so by law:

Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these Terms.

Each party's obligations under this clause will survive termination of these Terms.

These provisions shall not apply to any information which:

is or becomes public knowledge other than by a breach of this clause;
is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;
is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or
is independently developed without access to the Confidential Information.

Privacy Policy

Taxfiler Limited maintains a privacy policy that sets out the parties' obligations in respect of personal information. You should read that policy at taxfiler.co.uk/privacy and You will be taken to have accepted that policy when You accept these Terms.

INTELLECTUAL PROPERTY

General

All Intellectual Property Rights relating to the Service, the Website and any documentation relating to the Service remain the property of Taxfiler Limited.

Ownership of Data

All Intellectual Property Rights in the Data remain Your property. However, Your access to the Data is contingent on full payment of the Taxfiler Limited Subscription Fee when due. You grant Taxfiler Limited a licence to use, copy, transmit, store, and back-up Your information and Data for the purposes of enabling You to access and use the Services and for any other purpose related to provision of services to You.

Backup of Data

Taxfiler Limited adheres to its best practice policies and procedures to prevent data loss, including a daily system data backup, but does not make any guarantees that there will be no loss of Data. Taxfiler Limited expressly excludes liability for any loss of Data no matter how caused.

WARRANTIES AND ACKNOWLEDGEMENTS

Authority

You warrant that where You have registered to use the Service on behalf of another person, You have the authority to agree to these Terms on behalf of that person and agree that by registering to use the Service You bind the person on whose behalf You act to the performance of any and all obligations that You become subject to by virtue of these Terms, without limiting Your own personal obligations under these Terms.

Acknowledgement

You acknowledge that:

You are authorised to use the Service and the Website and to access the information and Data that You input into the Website, including any information or Data input into the Website by any person you have authorised to use the Service. You are also authorised to access the processed information and Data that is made available to You through Your use of the Website and the Services (whether that information and Data is Your own or that of anyone else).

Taxfiler Limited has no responsibility to any person other than You and nothing in this Agreement confers, or purports to confer, a benefit on any person other than You. If You use the Services or access the Website on behalf of or for the benefit of anyone other than yourself (whether a body corporate or otherwise) you agree that:

You are responsible for ensuring that You have the right to do so;

You are responsible for authorising any person who is given access to information or Data, and you agree that Taxfiler Limited has no obligation to provide any person access to such information or Data without Your authorisation and may refer any requests for information to You to address; and

You will indemnify Taxfiler Limited against any claims or loss relating to:

Taxfiler Limited's refusal to provide any person access to Your information or Data in accordance with these Terms,

Taxfiler Limited's making available information or Data to any person with Your authorisation.

The provision of, access to, and use of, the Services is on an "as is " basis and at Your own risk.
Taxfiler Limited does not warrant that the use of the Service will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Service, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Services. Taxfiler Limited is not in any way responsible for any such interference or prevention of Your access or use of the Services.

It is Your sole responsibility to determine that the Services meet the needs of Your business and are suitable for the purposes for which they are used.

You remain solely responsible for complying with all applicable accounting, tax and other laws.

No warranty

Taxfiler Limited gives no warranty about the Services. Taxfiler Limited does not warrant that the Services will meet Your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including without limitation warranties of merchantability, fitness for purpose, title and non-infringement.

Consumer Guarantees

If subscribing to a professional Subscription as an agent or tax professional, You warrant and represent that You are acquiring the right to access and use the Services for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Services, the Website or these Terms.

LIMITATION OF LIABILITY

To the maximum extent permitted by law, Taxfiler Limited excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, Data, profits and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the Service or Website.

If You suffer loss or damage as a result of Taxfiler Limited's negligence or failure to comply with these Terms, any claim by You against Taxfiler Limited arising from Taxfiler Limited's negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the Subscription Fees paid 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.

TERMINATION

Trial policy

Taxfiler Limited provides a fully featured and usable demonstration feature on our website that aims to provide You with sufficient experience of the Service to remove the need for a trial usage period. Accordingly in normal circumstances Taxfiler Limited does not provide for a trial usage period and we request all Subscriptions to be paid in advance.

In the event that Taxfiler Limited deem a trial usage period to be appropriate a trial usage period may be permitted such that when You first sign up for access to the Services You can evaluate the Services under the defined trial usage conditions, with no obligation to continue to use the Services. If You choose to continue using the Services thereafter, You will be billed from the day that your trial usage period ends. If You choose not to continue using the Services, You may ask Taxfiler Limited to delete your account and all linked data.

Where a trial usage period for the Service is allowed by Taxfiler Limited, each User is limited to a maximum of one free trial period of the Service. An attempt to secure a second free trial period through deception or any other means may result in the termination of Your account.

Prepaid Subscriptions

Taxfiler Limited will not provide any refund for any remaining prepaid period for a subscription.

No-fault termination

These Terms will continue for the period covered by the Subscription Fee paid or payable. At the end of each billing period these Terms will automatically continue for another period of the same duration as that period, provided You continue to pay the prescribed Subscription Fee when due, unless either party terminates these Terms by giving notice to the other party at least 30 days before the end of the relevant payment period.

Breach

If You:
- breach any of these Terms (including, without limitation, by non-payment of any Subscription Fees) and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied;
- You or Your business become insolvent or Your business goes into liquidation or has a receiver or manager appointed of any of its assets or if You become insolvent, or make any arrangement with Your creditors, or become subject to any similar insolvency event in any jurisdiction,

Taxfiler Limited may take any or all of the following actions, at its sole discretion:
Terminate this Agreement and Your use of the Service and the Website;
Suspend for any definite or indefinite period of time, Your use of the Service and the Website;
Suspend or terminate access to all or any Data.

For the avoidance of doubt, if payment of any invoice for Subscription Fees due is not made in full by the relevant due date, Taxfiler Limited may: suspend or terminate Your use of the Service.

Accrued Rights

Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement You will remain liable for any accrued charges and amounts which become due for payment before or after termination, and immediately cease to use the Service and the Website.

TECHNICAL SUPPORT

Technical Problems

In the case of technical problems You must make all reasonable efforts to investigate and diagnose problems before contacting Taxfiler Limited. If You still need technical help, please check the support provided online by Taxfiler Limited on the Website or failing that email us at support@taxfiler.co.uk

Service availability

Taxfiler Limited will take all steps possible to ensure that the Service is available 24 hours a day, 7 days a week. It is possible that on occasions the Services or Website may be unavailable to permit us to upgrade or maintain our systems. If for any reason Taxfiler Limited has to interrupt the Services for longer periods than would normally be expected we will aim to publish in advance details of such activity on the Website.

GENERAL TERMS

Entire agreement

These Terms, together with the Taxfiler Limited Privacy Policy and the terms of any other notices or instructions given to You under these Terms of Use, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between You and Taxfiler Limited relating to the Services and the other matters dealt with in these Terms.

Waiver

If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.

Delays

Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.

No Assignment

You may not assign or transfer any rights to any other person without Taxfiler Limited's prior written consent.

Severability

If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.

Notices

Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to Taxfiler Limited must be sent to info@taxfiler.co.uk or to any other email address notified by email to You by Taxfiler Limited. Notices to You will be sent to the email address which You provided when setting up Your access to the Service.

Rights of 3rd Parties

A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.

VARIATIONS

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

YOUR CONCERNS

If you have any concerns about material which appears on our site, please contact webmaster@taxfiler.co.uk.