Terms of Business

1. Your Right To Cancel

Our services are specifically tailored to your requirements. Therefore YOU WILL HAVE NO RIGHT TO CANCEL ONCE WE START THE PROCESS OF UNDERTAKING THE HEALTH CHECK. You should note that this usually happens immediately after we receive cleared payment. You can cancel before then by telephoning us and confirming in writing.

2. Definitions

"you" means the person, company or firm purchasing these services. "your" has a corresponding meaning.

"we" means IncWise Limited, registered in England number 4900770, of The Alexander Suite, Arthur House, Chorlton Street, Manchester M1 3FH. "us" and "our" have corresponding meanings. Where you or the company gives us particular authority, "we", "us" and "our" also extend to other people or companies we reasonably designate.

"the Agreement" means the agreement which is constituted when you order the services, which incorporates all the terms appearing in this document.

"the services" means those of the services of the IncWise Red Tape Health Check which you opt to take up in your order.

3. Our commitment to you

We will use all reasonable care and skill in providing the services to you. Any physical goods we supply to you will be of satisfactory quality. You must let us know within seven days of receipt of any defects.

4. What is included, and what isn’t

The services include everything described in the appropriate parts of the web site. This means that we provide the checks we say we will provide. If we find a problem, then the solution that we offer is included in your price. There is no additional “per item” charge.

The services do not include things you have to do yourself, or charges made by someone else. Examples:

fines, penalties, interest, unpaid tax, stamp duty, fees, or anything else you legally have to pay anyway (except registration with the Information Commissioner if you buy the e-Business Health Check)
fees we have to pay to Companies House for filing documents
Company searches, if you cannot provide us with copies of your Companies House filings
the cost of making adjustments to your premises, or the way you work etc.
replacing things which need to be replaced, such as equipment, stationery, any cost of updating your web pages, or anything else which needs to be replaced
lawyers’ fees

(Please note, these are examples only. If there are other things you have to do yourself, or for which third parties have to be paid, they are not included either, even if they don’t appear in this list.)

5. We can’t guarantee a quiet life

The IncWise Red Tape Health Check is designed to help you comply with legal regulations in the areas listed on this web site. Used properly, it is intended to reduce the risks which your business faces in these areas.

IMPORTANT: What we can never do is guarantee that you will not face a prosecution, civil proceeding or government action. Although every effort is made to try to help you comply with the relevant laws and regulations, we are heavily dependent on the information you give us. YOU ARE RESPONSIBLE FOR MAKING SURE THAT ALL INFORMATION YOU GIVE US IS CORRECT AND COMPLETE. You are also responsible for implementing our recommendations. We cannot do it for you.

Almost every industry has its own special laws and regulations. They are your specialist area, not ours – and the IncWise Red Tape Health Check is not intended to cover them. Even if we try to help by pointing out rules in your area, that is an additional free service and we do not take on any responsibility. If you need a review, you should take legal advice, or advice from specialist consultants in your industry.

6. Our services are not continuing

The IncWise Red Tape Health Check is conducted on the basis of the law then in force. Although we may try to anticipate planned changes in the law, we have no responsibility to notify you of those changes. Nor do the services include any other updates. We check your business just once.

7. Your legal duties

You should appreciate that if you have a legal responsibility, you do not fulfil it or pass it on by buying our services. We only attempt to help you fulfil it.

EXAMPLE: company directors are responsible for making sure that your statutory records and filings with Companies House are accurate and up to date. In the IncWise Corporate Health Check, we help you make sure that this is done. But it is still your legal responsibility.

8. We do not give legal or financial advice

This web site contains general comments on legal and financial matters, and is not advice to you specifically. In some cases, our comments may not be appropriate to your particular situation and are not a substitute for professional advice.

Likewise, the legal documents we provide are intended as a starting point and may not be appropriate for your particular situation. We will not have any liability to you at all if you use any document without obtaining appropriate legal advice as to its suitability for your particular requirements.

This web site and the legal documents provided are only for use in England and Wales and must not be used anywhere else. In particular, they are not intended for use in the USA or Canada, or in connection with any property there.

9. Your authority to us

You must obtain for us any extra authority from your board of directors that we reasonably ask for to provide the services.

10. Times are estimates

While we try to deliver the services and goods to you as quickly as possible, all times for providing the services are estimates. We will not be responsible for delays beyond our reasonable control, such as:

acts of God, acts of government, fire, flood, earthquake, war, riots or embargoes, strikes or other labour difficulties;
inability to obtain supplies, or other matters beyond our reasonable control.

11. Limitations of our liability

You agree to indemnify us and hold us harmless against all claims, costs, liabilities, damages and expenses which we may incur, including reasonable lawyers' fees, as a result of a breach of the Agreement by you, or as a result of us having incomplete or inaccurate information about you.

If you believe we may have breached the Agreement, you must give us prompt notice, with reasonable details. We will have no liability for any claim unless you give us that notice within one year of the date of your order, unless your claim first arose more than six months after that date, in which case we will not be liable unless you give us that notice within six months of the date the claim first arose.

Our liability is limited to 150% of the total amount you have actually paid us for the services in relation to the company in question.

We will not be liable under any circumstances for any incidental, consequential, special or punitive damages, or loss of profits, whatsoever.

12. Privacy policy

The terms of our privacy policy are incorporated in the Agreement. You can read them at www.incwise.co.uk/redtape/privacy.shtml.

13. Miscellaneous clauses

The services are only available to limited companies incorporated in England or Wales, unless we agree otherwise in writing.

Apart from these limitations, we will never discriminate on the basis of age, sex, race, nationality, disability or sexual orientation. We may, however, decline to provide the services to you for any other reason or without giving a reason.

In these terms and conditions, the singular includes the plural and vice versa, words such as "includes" and "in particular" are to be construed without limitation, and section headings are irrelevant to interpretation.

If you are late with any payment, we may charge interest at Barclays Bank plc.'s base rate plus 6%, or the highest rate legally allowed if it is lower, compounded monthly and due on demand. We may also suspend or terminate the provision of services, and/or make an administration charge in line with our rates from time to time. At present this is £25+VAT for a returned cheque or unwarranted credit card chargeback or £15+VAT for other late payments. You also agree to be responsible for any fees and costs incurred in collecting debts, including fees of debt collection agencies and court fees. This is in addition to any other right we may have, such as termination.

We may terminate the Agreement and stop providing any or all the services if you breach any term or you are insolvent. "Insolvent" means being unable to pay debts as they fall due, or proceedings being filed for liquidation, administration, administrative receivership, bankruptcy, trusteeship or any similar process, or being struck off the company register, or an encumbrancer taking possession of any assets.

If a competent court decides that any term of the Agreement is void or unenforceable, the other terms will not be affected.

You and we agree, at the other's request, to execute any other deeds or documents reasonably necessary to give full effect to the Agreement.

14. Governing law and jurisdiction

The Agreement will be governed by English law. We and you agree to submit all disputes arising from the Agreement to the exclusive jurisdiction of the courts in England.