For the purposes of these Terms of Service:
1.1 References to ‘we’, ‘us’ and ‘our’ refer to Fredrick Edwards Limited;
1.2 References to ‘you’ and ‘your’ referS to the person named on our Letter of Authority;
1.3 ‘Payment’ refers to the amount refunded by HMRC inclusive of monies paid to reduce any outstanding unpaid taxes and includes any interest;
1.4 ‘Services’ refers to the services provided by Fredrick Edwards Limited in accordance with these Terms of Service;
1.5 ‘Letter of Authority’ refers to each Letter of Authority signed and returned by you in order to authorise Fredrick Edwards Limited to act as your representative in all dealings in respect of your claim against HMRC and confirming acceptance of these Terms of Service.
2.1 We shall carry out your instructions in accordance with our obligations under the requisite regulations. We will act in your best interests in pursuing any claim for a Tax Refund and obtaining the best result we can.
2.2 Where we have given specific advice to you, unless you specifically request us to do so in writing, we shall not have any responsibility i) for the continuing validity of that advice; ii) to advise you about your financial position when changes are made, or otherwise to consider your financial position at any time in the future.
2.3 You understand that if you give false or inaccurate information there is a risk you could end up owing HMRC unpaid taxes. It is important the information you provide is accurate.
3. SCOPE AND BASIS OF OUR WORK
3.1 The services Fredrick Edwards Limited will offer include:
3.1.1 Advice regarding your refund request against HMRC in respect of;
3.1.2 Overpayment of taxes (including Marriage Tax Allowance);
3.1.3 Interest payments;
3.1.4 Any other charges such as wrongly retained tax.
3.2 We will rely on the information and documents that you provide to as us being true, correct and up to date. If you become aware of any changes that may affect the service we provide to you, you must contact us immediately. You are fully aware that if you provide us with inaccurate information, you could end up owing money to HMRC for unpaid taxes.
3.3 We will start work on your claim(s) as soon as we receive your signed Letter of Authority(s).
4.1 Unless otherwise instructed, we will communicate with you at the address provided on your Letter of Authority. Communication will mainly be by text and phone call but may sometimes be via letter or email.
5. WHAT HAPPENS IF YOUR CLAIM IS REJECTED
If we are not successful in achieving an offer to refund any tax following your claim being submitted, you are not required to pay us a fee.
6. CLIENT SERVICE
We aim to provide you with a high-quality service. If at any time you feel our service did not meet your requirements and wish to make a complaint, please email email@example.com. Details of our complaints procedure can be found on our website.
7. DATA PROTECTION ACT 2018 AND GDPR
7.1 During the period of our engagement we will request information from you regarding your personal finances.
7.2 The information we obtain about your personal and financial situation may constitute ‘personal data’ or ‘sensitive personal data’ under the Data Protection Act 2018 (“the 2018 Act”). By signing our Letter of Authority you expressly consent that we can:
7.2.1 Carry out such processing (whether obtaining, recording or holding) or such data as is necessary to enable us to carry out the instructions you have authorised us to do;
7.2.2 Disclose such data to any advisors or other Third Parties as is necessary to enable us to provide our advice to you;
7.2.3 Hold such data in our files for as long as necessary for the purposes of providing our services; and in accordance with our internal retention policies (which currently require us to retain the files for a minimum of 6 years).
7.3 If requested by you, in writing, we will provide you with details of the Third Parties (referred to in paragraph 8.2.2 above) to which we have disclosed information about your personal and financial situation.
8.1 Subject to paragraph 7.2 above, we will not, without your written consent, disclose any confidential information concerning your personal or financial situation to Third Parties whom we may consult in relation to our work (save to the extent that the information is in the public domain), unless otherwise required to do so by law, a court of competent jurisdiction, HMRC or any other government authority.
9.1 Fredrick Edwards Limited will perform the services with reasonable skill and care and acknowledges that it will be liable to you (up to the level of any fees received by Fredrick Edwards Limited in respect of providing the consultancy services to you) for direct losses, damages, costs or expenses (‘losses’) caused by negligence or wilful default, subject to the following limitations:
9.1.1 Fredrick Edwards Limited will not, in any circumstances, be liable to you for loss of profits, revenue or other types of economic loss; loss of business contracts; loss of anticipated savings or goodwill; losses arising from loss of data; any losses that arise other than directly and naturally from a breach of contract, or other losses, which a court holds to be consequential, special or indirect; any losses suffered by you arising from any claim against you by a Third Party for any of the aforementioned types of loss;
9.1.2 Fredrick Edwards Limited will not be liable if such losses are due to the provision of false, misleading or incomplete information or documentation or due to any acts or omissions of any person other than Fredrick Edwards Limited;
9.1.3 Fredrick Edwards Limited will have no other liability of any nature, whether in contract, tort or otherwise for any losses whatsoever and howsoever caused arising from or in any way connected with the provision of service.
9.1.4 Nothing in these Terms of Service will exclude or restrict any liability arising from fraud or dishonesty or other liabilities which cannot lawfully be excluded.
10. FEES PAYABLE
10.1 No fees will be charged to you if your claim is unsuccessful, as long as you have co-operated.
10.2 Where a claim is successful, we will charge a fee of 40% + VAT or £35 + VAT (whichever is the greater) in respect of any rebate/redress.
10.3 If the value of your refund is less than £42, we will limit our fees to the value of your refund.
10.4 You agree that HMRC may pay the Tax Refund payment directly to Fredrick Edwards Limited on your behalf. We will then deduct our fee and pay the balance directly to you.
10.5 If you receive payment direct from HMRC or the funds are paid back to a debt, you agree to pay our invoice within 14 days of receipt.
10.6 If HMRC advises us you have instructed another Company to claim back your Tax Refund, we will charge you the fees stated above to cover the cost of the work we will have carried out.
10.7 When we receive your Refund, we will try to contact you. If we cannot contact you within 6 months from the date of receiving the refund, we reserve the right to retain the entire refund.
10.8 If we have sent you an invoice and it is not paid within 14 days, we reserve the right to charge you a Late Payment Fee of £30 + VAT to cover the cost of chasing the outstanding payment.
10.9 If, 7 days after we have charged you a Late Payment Fee, we reserve the right to charge interest to any amount overdue at the rate of 4% per annum above TSB Bank Plc’s current base rate. The interest will accrue daily from the payment due date until the date of actual payment of the overdue amount. You must pay the interest together with any overdue amount.
10.10 We reserve the right to outsource or sell your debt to a Third Party, if it remains outstanding for more than 6 months.
11. CONSUMER PROTECTION (DISTANCE SELLING) REGULATIONS 2000
11.1 As a consumer, you are protected by the above regulations. Upon signing and returning the Letter of Authority, you are confirming that you agree to be bound by these Terms of Service. On receipt of your signed Letter of Authority, we will be classed as acting on your behalf.
11.2 You have the right to cancel your instructions with us, without any cost to you, within 14 days of the date your Letter of Authority was signed. All cancellations must be made in writing. This can be done either via registered post to our address or via email to firstname.lastname@example.org.
12. THIRD PARTY RIGHTS
12.1 A person who is not a party to this agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of this agreement.
13. COMMENCEMENT, VARIATION AND TERMINATION
13.1 Your continued instructions in connection with your claim will amount to an acceptance of these Terms of Service.
13.2 These Terms of Service may be varied or superseded at any time. We will publish any variation to these Terms of Service on our website.
13.3 These Terms of Service may be terminated by either party, with immediate effect, by giving notice in writing.
13.4 If you wish to terminate this agreement after the initial cancellation period (set out in clause 11.2) and before Fredrick Edwards Limited has received an offer of payment or a rejection letter from HMRC, you agree to pay Fredrick Edwards Limited a Non-Cooperation Fee of £200.00 + VAT.
13.5 If you wish to terminate this agreement after Fredrick Edwards Limited has received an offer of payment from HMRC, you agree to pay the fees as set out in clause 10.2.
13.6 You will be asked to supply information or complete additional paperwork needed to assist with the processing of your claim. If we do not receive the requested documents within 28 days of our initial request, we will assume you are terminating our services without written notification and will pursue the fees detailed in clause 13.4.
13.7 If it is confirmed you have provided false or misleading information to us, we reserve the right to close your claim and charge you an Administration Fee of £200 + VAT.
14. WHOLE AGREEMENT
14.1 These Terms of Service set out the entire agreement between you and Fredrick Edwards Limited. Neither party may rely on any agreement, understanding or arrangement which is not in these Terms of Service.
15. APPLICABLE LAW
15.1 These Terms of Service shall be governed by and construed in accordance with English and Welsh Law.
15.2 The Courts in England and Wales shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning these Terms of Service and any matter arising from them. Each party irrevocably waives any right it may have to object to and action being brough in those Courts, to claim the action has been brought in an inconvenient forum, or to claim that those Courts do not have jurisdiction.