These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Lancing Cotswold Limited, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Lancing Cotswold and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Lancing Cotswold and accessing the Website in connection with the provision of such services.
You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
Intellectual property and acceptable use
1. All Content included on the Website, unless uploaded by Users, is the property of Lancing Cotswold Limited, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission
2. You may, for your own personal, non-commercial use only, do the following:
a. retrieve, display and view the Content on a computer screen
b. download and store the Content in electronic form on a disk (but not on any server or other storage device connected to a network)
c. print one copy of the Content
3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Lancing Cotswold Limited.
4. You may not use the Website for any of the following purposes:
a. in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;
b. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
c. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
Links to other websites
5. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Lancing Cotswold Limited or that of our affiliates.
6. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
7. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
Availability of the Website and disclaimers
9. Any online facilities, tools, services or information that Lancing Cotswold Limited makes available through the Website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Lancing Cotswold Limited is under no obligation to update information on the Website.
10. Whilst Lancing Cotswold uses reasonable endeavors to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
11. Lancing Cotswold Limited accepts no liability for any disruption or non-availability of the Website.
12. Lancing Cotswold Limited reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
Limitation of liability
13. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
14. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
15. To the maximum extent permitted by law, Lancing Cotswold Limited accepts no liability for any of the following:
a. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities.
b. loss or corruption of any data, database or software;
c. any special, indirect, or consequential loss or damage.
16. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
17. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
19. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
20. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
21. Unless otherwise agreed, no delay, act, or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
22. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
23. All the views expressed on the website are not, and should not, be taken as tax advice, accounting advice or be used to make any financial decisions. You should always take personal tax advise. We will not, and cannot, be held to legal challenge for use of any material contained in the website.
24. The content on the website is the personal view of Lancing Cotswold Limited and should not be relied on by any other persons without taking independant personal advice.
25. A quote does not constitute a legal agreement. The contractual relationship only starts one the signing if an engagement letter.
26. You agree to make payments on account for the services in accordance with our proposal letter, interest free, in equal amounts over a 12-month period. Invoices are sent out on the 1st, 10th or 20th of each month (depending on when you sign up with us). The payment is due within 7 days of the invoice date.
27. We also reserve the right to suspend our services or to cease to act for you on giving written notice if payment of any fees is unduly delayed. We intend to exercise these rights only where it is fair and reasonable to do so.
28. We will send you an interim bill 6 months into the year, if we have carried out significant work to this date, and send you the remainder of the bill after the work is completed. Significant work can include, but is not limited to, running monthly payroll, completing bookkeeping and preparing interim accounts.
29. If you no longer want us to act as your agent/accountant, you will need to inform us in writing so that we can terminate the contract and issue you with an disengagement letter and final invoice.
30. The final invoice is made up of two parts. The first part is the time costs incurred by us in relation to the services already provided. The second part is other costs incurred by us on tasks such as, undertaking initial client checks, onboarding, meetings, phone calls and software subscriptions. The time costs in the final invoice will be supported by a schedule. For the avoidance of doubt, time costs are charged at the rate of £100 per hour and the maximum amount we will invoice is the fixed fee per our proposal.
31. The final amount payable to us will be net of all payments on account you have already made in respect of the annual fixed fee. The balance outstanding must be settled within 7 calendar days of the final invoice. If, on termination, the payments on account exceed the costs we have incurred, we will repay you the excess within 7 calendar days of the final invoice.
32. By way of an example, if we agree an annual fee of £900 on January 1 and you pay us £75 each month and decide to leave us on June 30, you would have paid us £450. If your year end was 31 March and we had managed your monthly payroll, prepared and submitted your accounts, CT600 by 31 May, this means we would have carried out a significant part of our contractual services and booked this time to the ledger. If our total cost to May 31 was £750, we would send you a final invoice for £300.
33. We also have the right to terminate the contract if you ask us to perform duties that are contrary to our professional code of conduct.
34. On termination of the engagement you may appoint a new adviser. Where a new adviser requests professional clearance and handover information we reserve the right to charge you a reasonable fee for the provision of handover information.
**Lancing Cotswold Limited legal disclaimer
35. All the information on the website, including any tax and/or accountancy articles should not be used as a definitive guide since individual circumstances may vary. Specific advice should be obtained, where necessary.
Lancing Cotswold Limited details
36. Lancing Cotswold Limited operates the website www.lancingcotswold.com. You can contact Lancing Cotswold Limited by email on firstname.lastname@example.org or write to our registered office.
37. Registered office: Lancing Cotswold Limited, Kemp House, 152-160 City Road, London, EC1V 2NX. Registered in England and Wales. Registration No. 12861897