General Terms of Trade

1. Definitions

   • 1.1 ‘Company’ means Third Party Formations Limited t/as The Company Warehouse, or any other trading style that may be used from time to time.

   • 1.2 ‘Customer’ means the individual, company or other legal entity placing an order. If the order is placed by an individual on behalf of a company or other entity, both that individual and company or other entity are defined as the ‘Customer’

   • 1.3 ‘Company Representative’ means a corporate officer or employee of the Company

   • 1.4 ‘Goods’ means any products or physical items that can transfer ownership or possession.

   • 1.5 ‘Services’ means any work undertaken for intangible products that are not goods and do not have a physical existence. There is no transfer of possession or ownership, but come into existence and the time of order.

   • 1.6 ‘Bespoke Order’ means orders for Goods or Services which are custom made, perishable or services provided expressly to the Customer and cannot be resold. This includes all orders to register a limited company, applications to register domain names, orders for web design, web hosting and orders for logo and graphic design or printing.

   • 1.7 ‘Recorded Mail’ means Royal Mail or Courier signed for services. The method must be reflective of the value being posted and insured for such.

   • 1.8 ‘Dispute Resolution Policy’ means the method of notifying, investigating and responding to complaints as set out on this website.

   • 1.9 ‘Privacy Policy’ means the way in which third party information is stored and used in accordance with the Data Protection Act.

   • 1.10 ‘User’ means a person or any system using this website or accessing files hosted on this domain.

   • 1.11 ‘Chargeback’ means the return of funds from the Company to a Customer credit or debit card, initiated by the Customer's bank at the request of the Customer.

2. Parties to the contract

   • 2.1 The User and the Customer agree to be bound by these terms and conditions.

   • 2.2 A contract for completion for an order will be made between the Company and the Customer upon receipt of the whole of the price of Goods or Services ordered by the Customer. Upon receipt of payment, the Company will confirm to the Customer that the order has been accepted by e-mail confirmation. This acceptance of the order brings into existence a legally binding agreement between the Company and the Customer.

      

      

     • 2.2.1 Where the Customer is more than one legal person, each party shall be jointly and severely liable under this agreement.

   • 2.3 We can monitor and record phone calls to or from the Company. We do this to check what was said and also to help us train our staff.

3. Price

   • 3.1 Where an order is placed directly via a customer through the website, the price agreed is that set out on our website.

   • 3.2 Where an order is made via telephone, fax, e-mail or any other method, the price agreed is that specified by the Company Representative with whom you have been dealing.

   • 3.3 In the absence of certainty of a price agreed between the Customer and the Company Representative, the price will be deemed to be that set out on our website.

   • 3.4 Where the price quoted does specify the cost of delivery, it is possible that you may be required to pay an additional fee for delivery of the Goods purchased.

4. Payment

   • 4.1 The Company has no responsibility to undertake the provision of any Goods or Services to the Customer until cleared funds have been received by the Company for the whole of the agreed price.

   • 4.2 If payment is made via credit or debit card via the website, this does not automatically constitute payment of cleared funds. If the Customer is uncertain whether payment of cleared funds has been made, they should contact the Company to request confirmation.

   • 4.3 If payment is made by cheque, it is the responsibility of the Customer to confirm receipt by the Company. Once such payment is received, the Company will not process the order until the cheque has been paid into the bank and it confirmed as cleared funds in accordance with the UK bank cheque clearing process.

   • 4.4 Where payment is made by way of electronic bank transfer or monies paid directly into the bank account of the Company, it is the responsibility of the Customer to inform the Company that this payment has been made. The provision of any Goods or Services offered will be undertaken once confirmation of any such payment is received by the Company through verification with the bank.

   • 4.5 Where payment is made by a recurring method such as standing order or direct debit, this will be for pricing agreed by you and at a time notified to you in accordance with the Direct Debit Guarantee.

   • 4.6 Where there is an error by the Company in processing payment from the Customer, the Customer is required to inform the Company in writing and the Company with remedy the error in accordance with its standard refund policy.

5. Distance Selling Regulations

   • 5.1 We comply fully with the Consumer Protection (Distance Selling) Regulations 2000 and the Electronic Commerce (EC Directive) Regulations 2002.

   • 5.2 Generally under the Regulations you have the right to cancel the contract by giving us notice in writing, including fax or email at any time during the 'cooling off period' which finishes 7 working days after the day of receipt of the goods.

   • 5.3 Due to the bespoke nature of most of the Goods and Services that we provide they are exempt from that 'cooling off' period and you may not cancel the order once it has been started.

   • 5.4 Where a Good purchased is not bespoke, the order may be cancelled within the 7 working day 'cooling off' period provided that it has not been used or damaged in any way. Any such cancellation must be in writing and any Goods returned to the Company by Recorded Mail at the expense of the Customer.

6. Rights to Cancel the Agreement with Us

   • 6.1 These provisions apply to Goods or Services that may be cancelled in accordance with the Distance Selling Regulations, or ongoing services which are renewable automatically or periodically.

   • 6.2 Bespoke Orders cannot be cancelled once work has commenced by the Company to fulfil that order for Goods or Services.

   • 6.3 Any cancellation of new order must be made in writing and any cancellation request not made in writing will not be accepted.

   • 6.4 If a cancellation request is made and the Goods or Services ordered are eligible to be cancelled, any monies due to be refunded to the Customer will be refunded within 30 days of the cancellation request.

   • 6.5 The Company reserves the right to levy an administration fee of £15 inc VAT against any cancellation. Where applicable, this fee will be deducted from any sum due to be re-credited to the Customer.

   • 6.6 If the Customer has ordered Goods which are not a Bespoke Order, and are in possession of those Goods, those Goods will need to be returned to the Company within 7 days of the cancellation request being made in writing. The Goods must not have been used or damaged in any way, and must be returned to the Company by Recorded Mail at the expense of the Customer.

   • 6.7 Some Goods or Services may carry an additional fee for cancellation. These costs will be detailed at the time of ordering such Goods or Services.

   • 6.8 We reserve the right to charge an admin fee of 14.99 plus VAT to transfer a domain away from the Company's network, change the IPS Tags for a domain or change any handles for a domain.

7. Cancellation by the Company

   • 7.1 The Company reserves the right to cancel the order at any time if:

      

      

     • 7.1.1 the Company has insufficient stock to deliver the Goods ordered by the Customer.

     • 7.1.2 the Company does not have the resources to deliver the Services ordered by the Customer.

     • 7.1.3 one or more of the Goods or Services ordered by the Customer were listed at an incorrect price due to a typographical error, or they were quoted at an incorrect price during the confirmation of order.

     • 7.1.4 one or more of the Goods or Services ordered by the Customer involved a third party cost or disbursement that has caused a increase in completion of that order.

   • 7.2 If the Company does cancel the contract the Customer will be notified by e-mail and the Company will re-credit to the Customer any sum deducted within 30 days of the order. The Company will not be obliged to offer any additional compensation for disappointment suffered or losses incurred as a result of the cancellation of the order.

8. Force Majeure

   • 8.1 The Company shall have no liability to the Customer for any failure to deliver Goods or perform Services ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond reasonable control including, without limitation to, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

9. Your status

   • 9.1 By placing an order with the Company, the Customer is declaring that they are over the age of 18 and have sufficient legal status to enter into a binding agreement with the Company.

   • 9.2 Where the Customer is a legal entity other than an individual person, the person completing the order on behalf of that legal entity is declaring that they have legal authority to do so. Failure to hold such authority will result in the individual being personally liable as a party to the agreement.

   • 9.3 Where a Customer who has placed an order for the formation of a limited company ("the customer company") enters into further contracts for the supply of goods and services relating to the customer company, and after the customer company has been registered, the liability for payment of these further contracts is joint and several between the customer and the customer company unless agreed in writing by a director of the company.

10. Description of Goods and Services

    • 10.1 Goods or Services ordered by the customer will be to the specification described on the Company website or in the Company literature.

    • 10.2 If the Customer places a Bespoke Order with the Company, the specification of the Goods or Services ordered will be as per the description in any written communication between the parties.

    • 10.3 In the absence of an express description in writing as to the specification of Goods or Services ordered, the Company makes no warranties as to the specification of those Goods or Services.

    • 10.4 If the Company is unable to deliver Goods or Services to the specification of those ordered, the Company may at its discretion provide an alternative which has similar function and value.

    • 10.5 The Company reserves the right to amend the description for Goods or Services offered from time to time as necessary.

    • 10.6 Where the Customer places an order for a limited company formation, the Company will endeavour to register the company name requested by the Customer. Where it is not possible to register due to objection, rejection or otherwise by Companies House, the Customer must provide the Company with a suitable alternative company name to be registered. The order placed by the Customer is for a limited company formation, not for a specific company name.

11. Delivery of Goods and Services

    • 11.1 The Company will deliver Goods or Services to the Customer to the e-mail address or postal address provided at the time of order.

    • 11.2 In the absence of a delivery address being provided by the Customer, the Company may send Goods or Services to the Registered Office address of the Customer.

    • 11.3 The Customer will be required to pay for postal delivery of Goods in accordance with the pricing expressed on the Company website.

    • 11.4 Except where otherwise stated, Goods will be dispatched to the Customer as soon as possible after the order is completed, or in any event within 30 days or the order being placed.

    • 11.5 Once Goods have been posted by the Company, the Customer accepts the risk for those Goods. The Company will offer the Customer the option to send Goods via Recorded Mail. The Company will provide tracking details for Recorded Mail to the Customer upon request in writing.

    • 11.6 If Goods are posted by Recorded Mail and are returned back to the Company, the Customer will be required to re-pay the postage costs. The Company reserves the right to levy an additional fee for handling those Goods.

12. Customer Responsibilities

    • 12.1 When the Customer places an order with the Company, it is an express term of the agreement that the Customer will provide all necessary information required within a reasonable time in order that the Company may complete the order.

    • 12.2 If the Customer fails to provide all requested information within 14 days of a request for information, the Company will be entitled to discontinue the order.

       

       

      • 12.2.1 where the Company discontinues the order the Customer will not be eligible for a refund or cancellation of order.

      • 12.2.2 in order to reactivate a discontinued order, the Customer will be required to pay an administrative fee of £25 plus VAT.

    • 12.3 Where there is an error or defect in the Goods delivered to the Customer, it is the Customer's responsibility to notify the Company of such defect within 10 days.

       

       

      • 12.3.1 Where the Good or Service is provided on an ongoing basis, notification to the Company must be made within 10 days of any fault, defect or error occurring.

      • 12.3.2 Failure to notify the Company within 10 days may render the Company to rectify the Goods.

    • 12.4 Where the Customer is liable to make payment to the Company for provision of Goods or Services, or in respect of contractual fees due between the parties, and fails to make payment within 14 days of the due date for payment, the Customer will be liable to pay statutory penalties for late payment.

13. Liability

    • 13.1 If the Goods or Services delivered by the Company do not meet the description of those ordered, are damaged or defective, incomplete or of the incorrect quantity, the Company will have no liability unless the Customer notifies the Company in writing within 10 days of delivery.

    • 13.2 If the Customer does not receive Goods or Services within 30 days of the date they were ordered, the Company shall have no liability to the Customer, unless the Customer notifies the Company of the problem with 40 days of the date of the order. If the Company is notified of a problem in writing within the specified time periods, the only obligation of the Company will be, at its own option:

       

       

      • 13.2.1 to make good any shortage or non-delivery.

      • 13.2.2 to replace or repair any Goods that are damaged or defective.

      • 13.2.3 to remedy any error or omission in Services ordered.

      • 13.2.4 to refund the amount paid by the Customer by any method determined by the Company.

    • 13.3 Except as prescribed by law, the Company will not be liable to the Customer for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howeverso arising out of any problem notified to the Company in accordance with clause 13.1 or clause 13.2 as above. Furthermore, the Company shall have no liability to pay the Customer any monies or provide any additional Goods or Services by way of compensation, other than to refund the Customer the amount paid for the Goods or Services in question in accordance with clause 13.2.4.

    • 13.4 The Company will not be liable to the User or Customer for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howeverso arising out of use of this website.

    • 13.5 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

    • 13.6 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

    • 13.7 We can delay in enforcing, or fail to enforce, our rights under the agreement without losing them. We may also accept part-payments marked as 'payment in full' or with similar wording without losing our right to claim full payment.

14. Notices

    • 14.1 Unless otherwise expressly stated in these terms and conditions, all notices from the Customer to the Company must be in writing and sent to the contact address at 2nd Floor, 43 Broomfield Road, Chelmsford, Essex, CM1 1SY.

    • 14.2 All notices from the Company to the Customer will be displayed on our website from time to time, or to the e-mail address or postal address provided by the Customer, at the option of the Company.

    • 14.3 We can change this agreement upon serving you with notice of the change. We will give you at least 30 days' notice in writing of any change to your disadvantage, and we will give you at least 7 days' notice of any change to these conditions that is not to your disadvantage.

15. Governing Law and Jurisdiction

    • 15.1 The agreement between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.

    • 15.2 In respect of late or non-payment of any fees by the Customer to the Company, the 'Late Payment of Commercial Debts (Interest) Act 1998' and 'Late Payment of Commercial Debts Regulations 2002 (SI 2002 No.1674)' will apply.

16. Invalidity

    • 16.1 If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

17. Entire Agreement

    • 17.1 These terms and conditions, together with the current website prices, delivery details, contact details and privacy policy, set out the whole of the agreement relating to the supply of the Goods or Services to the Customer by the Company. Nothing said by any Customer Representative on behalf of the Company should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any Goods or Services offered for sale, unless it is confirmed in writing to the Customer. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

18.  

    • 18.1 These terms and conditions, together with the current website prices, delivery details, contact details and privacy policy, set out the whole of the agreement relating to the supply of the Goods or Services to the Customer by the Company. Nothing said by any Customer Representative on behalf of the Company should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any Goods or Services offered for sale, unless it is confirmed in writing to the Customer. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

19. Intellectual Property

    • 19.1 All material, text, images and information stated on the Company's website is owned or licensed by the Company.

    • 19.2 All text and images on the Company's website are subject to copyright and ‘The Company Warehouse’ logo is subject to Trade Mark Protection.

    • 19.3 The use or replication of any of the intellectual property on the Company's website is prohibited unless specific permission has been granted in writing by the Company.

       

       

      • 19.3.1 Permission to use intellectual property owned by the Company may be requested by writing to the Company.

20.  

    • 20.1 The User and the Customer acknowledge and agree to be bound by the terms of the Company's privacy policy.

21. Dispute Resolution & Chargeback Policy

    • 21.1 By using this website and/or ordering Goods or Services from the Company, the User and the Customer acknowledge and agree to be bound by the Company's Dispute Resolution Policy.

    • 21.2 Where the Customer requests a Chargeback from his or her bank for Goods or Services ordered from the Company, and the Company defends the request insofar that the bank upholds that the Customer is not entitled to the return of monies, the Company will be entitled to recover fixed costs from the Customer as detailed in clause 21.3 below.

    • 21.3 The Customer will be liable to pay the Company the following fixed costs in the circumstances detailed in clause 21.2:

       

       

      • 21.3.1 A Chargeback administration fee of £50.00 plus VAT;

      • 21.3.2 Transcription charges at a rate of £2.99 + VAT per minute of audio content recorded;

      • 21.3.3 Electronic copies of documents at a rate of £0.50p + VAT per page;

      • 21.3.4 Paper copies of documents at a rate of £1.00 + VAT per page.

    • 21.4 In the circumstances detailed in clauses 21.2 and 21.3 above, the Company will invoice the Customer with a breakdown of the fixed costs calculation, and payment will be due with 7 days from the invoice as dated.

 

FREE Company Formation With Bank Account

• Definitions

  ‘Preferred Banking Partner’ means a Financial Services Authority regulated bank recommended by the Company and may change from time to time;

  ‘Banking Introduction’ means an introduction to our Preferred Banking Partner. A Banking Introduction will be executed by you calling The Company Warehouse on 0800 0828 727 and requesting to be transferred to the FREE formation banking team;

  ‘Banking Opt Out Fee’ means a fee to be paid by the Customer to the Company where the Customer fails to open a bank account with the Preferred Banking Partner as required by agreement. The reasons for failing to open a bank account include, but are not limited to, choosing an alternative bank, opening the account outside of the agreed time period, not meeting the eligibility criteria of the Preferred Banking Partner or failing to make reasonable attempts to open a bank account.

  ‘Security Deposit’ means a sum of money to be paid by the Customer to the Company where there is risk that a Customer will fail to open a bank account with the Preferred Banking Partner. The retained sum of money will be refunded to the Customer by the Company if a bank account is successfully opened by the Customer with the Preferred Banking Partner within the required time period.

1. By ordering a FREE Company Formation from Third Party Formations Limited t/a The Company Warehouse you ("you" or "Customer") agree to the terms and conditions set forth herein. The provisions contained in these Terms and Conditions for a FREE Formation Service are supplemental to the Company's General Terms and Conditions by which you are also bound, to the extent they are not modified by this Agreement.

2. Free Formation

   • 2.1 Provided that the Customer meets the criteria detailed in the whole of clause 2, the Company will provide the Service advertised as ‘FREE Formation with Bank Account’ without monetary charge for the Services undertaken by the Company.

   • 2.2 The Company will pay third party disbursements in respect of the Companies House government filing fee for registration of a limited company. The Customer will be liable for any additional charges payable in respect of other products or services added to the Free limited company formation including, but are not limited to, sensitive word surcharges, registered office facility, sharepack, director and secretary pack or minutes of the first board meeting.

      

      

     • 2.2.1 The Customer will also be liable to pay £1.00 in consideration of electronic delivery costs for the Company electronically delivering the company registration documents to the Customer.

   • 2.3 The Customer agrees that in consideration for the 'Free Formation' service the customer consents to a Banking Introduction with The Company's Preferred Banking Partner and further the customer will open a business bank account in the name of the newly registered limited company as ordered by the Customer. The bank account will be opened after the Banking Introduction of the Customer by the Company to a Preferred Banking Partner, within 30 days of the newly formed limited company being registered. It is the responsibility of the Customer to ensure that this requirement is met.

      

      

     • 2.3.1 It is the responsibility of the Customer to provide the Company with evidence of account opening with the Preferred Banking Partner. The evidence must be one of the following sent to the Company by email or by Recorded Post: Account opening letter from the Preferred Banking Partner, Paying In Book Slip or Cheque.

   • 2.4 If the Customer does not open a company bank account with the Preferred Banking Partner within 30 days as detailed in clause 2.3, the Customer will be liable to pay the Banking Opt Out Fee of £75 + VAT. The Company will send an invoice to the Customer for the Banking Opt Out Fee upon expiration of the 30 day time period, or at the request of the Customer, and payment will be due within 7 days to the Company.

      

      

     • 2.4.1 The Company reserves the right to process payment for the Banking Opt Out Fee as detailed in clause 2.4 above from the debit or credit card payment details which were used as means of payment by the Customer at the time of placing the original order, or as subsequently updated by the Customer by changing those card payment details stored through the Customer login to on the Company website. The Customer gives consent for this payment to be made in such circumstances.

     • 2.4.2 Where payment is processed as per clause 2.4.1 above, the Company will provide the Customer with an invoice receipt which may be downloaded from the Customer login on the Company website.

     • 2.4.3 If a payment attempt in accordance with clause 2.4.1 is unsuccessful or declined by the Customer's bank, the Customer remains liable to make payment of the Banking Opt Out Fee upon request by the Company.

   • 2.5 The Customer consents to allow the Company to use personal information provided on the website order form to make credit reference requests and verifications from third parties. This information may be used to assist the Company to decide whether the Customer is likely to meet the eligibility requirements of the Preferred Banking Partner.

   • 2.6 If, at the discretion of the Company, it is determined that there is a possibility that the Customer will fail to meet the eligibility criteria for opening a bank account with the Preferred Banking Partner, the Company may request and the customer agrees to pay a refundable Security Deposit of £75 + VAT before the Company performs its obligations under this agreement.

   • 2.7 If the Customer is unable or unwilling to pay the Security Deposit to the Company, the Customer will be able to cancel the order by notification in writing to the Company, and it will be subject to the administration fee referred to in clause 6.5 of the Company's General Terms of Trade.

   • 2.8 In the event that the Customer makes payment of the Security Deposit to the Company and successfully opens a bank account with the Preferred Banking Partner within 30 days of registration of the limited company ordered, the Company will refund the Customer the Security Deposit within 30 days from the confirmation and verification of account opening by the Preferred Banking Partner.

   • 2.9 The Customer acknowledges and accepts that the order will be submitted for registration to Companies House in accordance with the details entered and confirmed by the Customer on the website of the Company. Any amendments or variations to the order requested by the Customer either before or after submission of the order to Companies House, will be subject to standard company secretarial fees levied by the Company and confirmed to the Customer.

   • 2.10 If the formation of a new limited company is rejected by Companies House for reasons including, but not limited to, the company name not being available or officer details being inconsistent, the Company will request amended information from the Customer to enable registration of the new limited company where possible.

   • 2.11 If the Customer is unable or unwilling to provide the amended information required by the Company in order to resubmit the order for registration to Companies House, the Customer agrees that the Company will discontinue with the order and deem it as complete.

3. Cancellation of Offer

   All goods and services are available subject to availability and may be withdrawn without reason at any time.

 

Business Registration with Bank Account

• Definitions

  ‘Preferred Banking Partner’ means a Financial Services Authority regulated bank recommended by the Company and may change from time to time;

  ‘Banking Introduction’ means an introduction to our Preferred Banking Partner. A Banking Introduction will be executed by you calling The Company Warehouse on 0800 0828 727 and requesting to be transferred to the banking team;

  ‘Banking Opt Out Fee’ means a fee to be paid by the Customer to the Company where the Customer fails to open a bank account with the Preferred Banking Partner as required by agreement. The reasons for failing to open a bank account include, but are not limited to, choosing an alternative bank, opening the account outside of the agreed time period, not meeting the eligibility criteria of the Preferred Banking Partner or failing to make reasonable attempts to open a bank account.

  ‘Security Deposit’ means a sum of money to be paid by the Customer to the Company where there is risk that a Customer will fail to open a bank account with the Preferred Banking Partner. The retained sum of money will be refunded to the Customer by the Company if a bank account is successfully opened by the Customer with the Preferred Banking Partner within the required time period.

1.  

   By ordering a Business Registration Package ‘With Bank Account’ from Third Party Formations Limited t/a The Company Warehouse you ("you" or "Customer") agree to the terms and conditions set forth herein. The provisions contained in these Terms and Conditions for a FREE Formation Service are supplemental to the Company's General Terms and Conditions by which you are also bound, to the extent they are not modified by this Agreement.

2. Business Registration

   • 2.1 Provided that the Customer meets the criteria detailed in the whole of clause 2, the Company will provide the Service advertised in registering the business as requested by the Customer.

   • 2.2 The Company will pay third party disbursements in respect of the Companies House government filing fee for registration of a limited company. The Customer will be liable for any additional charges payable in respect of other products or services added to the Free limited company formation including, but are not limited to, sensitive word surcharges, registered office facility, sharepack, director and secretary pack or minutes of the first board meeting.

   • 2.3 The Customer agrees that in consideration for a subsidised business registration service the Customer consents to a Banking Introduction with The Company's Preferred Banking Partner and further the Customer will open a business bank account in the name of the newly registered business as ordered by the Customer. The bank account will be opened after the Banking Introduction of the Customer by the Company to a Preferred Banking Partner, within 30 days of the newly formed limited company being registered. It is the responsibility of the Customer to ensure that this requirement is met.

      

      

     • 2.3.1 It is the responsibility of the Customer to provide the Company with evidence of account opening with the Preferred Banking Partner. The evidence must be one of the following sent to the Company by email or by Recorded Post: Account opening letter from the Preferred Banking Partner, Paying In Book Slip or Cheque.

   • 2.4 If the Customer does not open a company bank account with the Preferred Banking Partner within 30 days as detailed in clause 2.3, the Customer will be liable to pay the Banking Opt Out Fee of £75 + VAT. The Company will send an invoice to the Customer for the Banking Opt Out Fee upon expiration of the 30 day time period, or at the request of the Customer, and payment will be due within 7 days to the Company.

      

      

     • 2.4.1 The Company reserves the right to process payment for the Banking Opt Out Fee as detailed in clause 2.4 above from the debit or credit card payment details which were used as means of payment by the Customer at the time of placing the original order, or as subsequently updated by the Customer by changing those card payment details stored through the Customer login to on the Company website. The Customer gives consent for this payment to be made in such circumstances.

     • 2.4.2 Where payment is processed as per clause 2.4.1 above, the Company will provide the Customer with an invoice receipt which may be downloaded from the Customer login on the Company website.

     • 2.4.3 If a payment attempt in accordance with clause 2.4.1 is unsuccessful or declined by the Customer's bank, the Customer remains liable to make payment of the Banking Opt Out Fee upon request by the Company.

   • 2.5 The Customer consents to allow the Company to use personal information provided on the website order form to make credit reference requests and verifications from third parties. This information may be used to assist the Company to decide whether the Customer is likely to meet the eligibility requirements of the Preferred Banking Partner.

   • 2.6 If, at the discretion of the Company, it is determined that there is a possibility that the Customer will fail to meet the eligibility criteria for opening a bank account with the Preferred Banking Partner, the Company may request and the customer agrees to pay a refundable Security Deposit of £75 + VAT before the Company performs its obligations under this agreement.

   • 2.7 If the Customer is unable or unwilling to pay the Security Deposit to the Company, the Customer will be able to cancel the order by notification in writing to the Company, and it will be subject to the administration fee referred to in clause 6.5 of the Company's General Terms of Trade.

   • 2.8 In the event that the Customer makes payment of the Security Deposit to the Company and successfully opens a bank account with the Preferred Banking Partner within 30 days of registration of the limited company ordered, the Company will refund the Customer the Security Deposit within 30 days from the confirmation and verification of account opening by the Preferred Banking Partner.

   • 2.9 The Customer acknowledges and accepts that the order will be submitted for registration in accordance with the details entered and confirmed by the Customer on the website of the Company. Any amendments or variations to the order requested by the Customer either before or after submission of the order, will be subject to standard company secretarial fees levied by the Company and confirmed to the Customer.

   • 2.10 If the formation of a new limited company is rejected by Companies House for reasons including, but not limited to, the company name not being available or officer details being inconsistent, the Company will request amended information from the Customer to enable registration of the new limited company where possible.

   • 2.11 If the Customer is unable or unwilling to provide the amended information required by the Company in order to resubmit the order for registration to Companies House, the Customer agrees that the Company will discontinue with the order and deem it as complete.

3. Cancellation of Offer

   All goods and services are available subject to availability and may be withdrawn without reason at any time.

 

Packages For ‘Online Entrepreneurs’

• Definitions

  ‘Internet Domain Name’ means any web domain name that is available for registration at the time of request by the Company. The domain will be registered for a duration of 2 years if it is a .uk domain, or for a duration of 1 year if it is any other type of domain name.

  ‘Web Hosting Service’ means one of the web hosting packages available to order from the Company's website from the ‘Lite’, ‘Pro’ or ‘Developer’ packages as per the specifications advertised. The ‘Starter’ package is NOT included in this offer.

  ‘Contracted Term’ means 15 months from the date of order at the monthly price advertised on the Company's website or as may reasonable change from time to time. The first 3 months of the Contracted Term will be offered free of charge and the remaining 12 months will be billable at the advertised monthly fee.

1. By ordering a package for Online Entrepreneurs from Third Party Formations Limited t/a The Company Warehouse you ("you" or "Customer") agree to the terms and conditions set forth herein. The provisions contained in these Terms and Conditions for a FREE Formation Service are supplemental to the Company's General Terms and Conditions by which you are also bound, to the extent they are not modified by this Agreement.

2. Business Registration

   • 2.1 Provided that the Customer meets the criteria detailed in the whole of clause 2, the Company will provide the Service advertised in registering the limited company, or sole trader as requested by the Customer.

   • 2.2 The Company will pay third party disbursements in respect of the Companies House government filing fee for registration of a limited company. The Customer will be liable for any additional charges payable in respect of other products or services added to the business registration including, but not limited to, sensitive word surcharges, registered office facility, sharepack, director and secretary pack or minutes of the first board meeting.

      

      

     • 2.2.1 In addition to providing the services required to register the business as requested by the Customer, the Company will also register an Internet Domain Name of the Customer's choice without charge. The Internet Domain Name will be registered to the Customer as an individual.

   • 2.3 The Customer agrees as part of the business registration package for ‘Online Entrepreneurs’ that they will enter into a contract with the Company for the provision of a Web Hosting Service.

      

      

     • 2.3.1 The Customer will be asked to confirm which Web Hosting Service offered by the Company that they wish to select and will be required to provide credit or debit card details to be used for the monthly billing of the Web Hosting Service for the duration of the Contracted Term.

     • 2.3.2 The Customer agrees to enter into a contract for the Web Hosting Service and for the duration of the Contracted Term will be billed at the price advertised on the Company's website for the appropriate Web Hosting Service.

   • 2.4 If a payment attempt in accordance with clause 2.3.1 above in not authorised and declined by the Customer's bank, the Company reserves the right to request payment of the full balance of monies due for providing the Web Hosting Service to the end of the Contracted Term.

   • 2.5 The Customer consents to allow the Company to use personal information provided on the website order form to make credit reference requests and verifications from third parties. This information may be used to assist the Company to decide whether the Customer is likely to meet the eligibility requirements the Company.

   • 2.6 The Customer acknowledges and accepts that the order will be submitted for registration to Companies House in accordance with the details entered and confirmed by the Customer on the website of the Company. Any amendments or variations to the order requested by the Customer either before or after submission of the order to Companies House, will be subject to standard company secretarial fees levied by the Company and confirmed to the Customer.

   • 2.7 If a formation of a new limited company is rejected by Companies House for reasons including, but not limited to, the company name not being available or officer details being inconsistent, the Company will request amended information from the Customer to enable registration of the new limited company where possible.

   • 2.8 If the Customer is unable or unwilling to provide the amended information required by the Company in order to resubmit an order for registration to Companies House, the Customer agrees that the Company will discontinue with the order and deem it as abandoned.

3. Cancellation of Offer

   All goods and services are available subject to availability and may be withdrawn without reason at any time.

 

Premium Rewards

Definitions

‘Preferred Banking Partner’ means a Financial Services Authority regulated bank recommended by the Company and may change from time to time.

‘Banking Introduction’ means an introduction to our Preferred Banking Partner. A Banking Introduction will be executed by you calling The Company Warehouse on 0800 0828 727 and requesting to be transferred to the banking team.

‘Premium Reward’ means an offer provided by the Company to the Customer in consideration for the Customer opening a business bank account with the Preferred Banking Partner.

‘Standard Companies House Filing Fee’ means the £14 government filing fee for incorporation of a new UK limited company.

‘Same Day or Specialist Companies House Filing Fee’ means any filing fee in excess of £14 for the incorporation of a new UK limited company.

‘Internet Domain Name’ means any web domain name that is available for registration at the time of request by the Company. The domain will be registered for a duration of 2 years if it is a .uk domain, or for a duration of 1 year if it is any other type of domain name.

‘Web Hosting’ means the Lite Hosting package as per the specification advertised on the Company's website and that may vary from time to time.

‘Initial Period’ means a period of three calendar months from the set up of Web Hosting for Customers who successfully set up a bank account in accordance with these terms and conditions. For Customers who do not set up a bank account for any reason the Initial Period means a period of one calendar month.

‘VAT Registration’ means submission of a VAT1 application to register for Value Added Tax with Her Majesty's Custom & Excise as advertised on the Company's website.

1. The Offer

   • 1.1 By signing up to TheCompanyWarehouse.Co.Uk and requesting one or more of the Premium Rewards from Third Party Formations Limited t/a The Company Warehouse you ("you" or "Customer") agree to the terms and conditions set forth herein. The provisions contained in these Terms and Conditions for eligibility of Premium Rewards are supplemental to the Company's General Terms and Conditions by which you are also bound, to the extent they are not modified by this Agreement.

   • 1.2 The Customer agrees that in consideration of the Premium Rewards as requested and as advertised, the Customer consents to a Banking Introduction with The Company's Preferred Banking Partner and further the customer will open a business bank account in the name of the newly registered limited company as ordered by the Customer. The bank account must be opened after the Banking Introduction of the Customer by the Company to the Preferred Banking Partner, and within 10 working days of the Banking Introduction taking place. It is the responsibility of the Customer to ensure that this requirement is met.

   • 1.3 Provided that the Customer opens a bank account as detailed in clause 2 above, the Customer will be eligible to claim a maximum of two of the following three Premium Rewards subject to the requirements detailed herein:

     • 1.3.1 Premium Reward 1 - Refund of Companies House Filing Fee

     • 1.3.2 Premium Reward 2 - Free Domain Name + 3 Months Hosting

     • 1.3.3 Premium Reward 3 - Free VAT Registration

2. Premium Offer 1 - Refund of Companies House Filing Fee

   • 2.1 The Company agrees to refund to the Customer the Standard Companies House Filing Fee.

   • 2.2 The Company will not make a refund payment of Companies House filing fees for Same Day or Specialist Companies House Filing Fees.

     • 2.2.1 In the event that a Customer has paid a Same Day or Specialist Companies House Filing Fee, the Company will refund the Customer an amount equal to the Standard Companies House Filing Fee.

   • 2.3 In order to be eligible to claim a refund of the Standard Companies House Filing Fee, the Customer must open a bank account with the Preferred Banking Partner following a Banking Introduction in accordance with clause 1.2 above.

   • 2.4 In order to claim the refund of the Standard Companies House Filing Fee, the Customer must send electronic proof of the filing fee paid and of successful bank account opening to the Company.

     • 2.4.1 The electronic proof must be emailed to rewards@thecompanywarehouse.co.uk within 21 days of the initial Banking Introduction.

     • 2.4.2 The electronic proof must be a scan or photo of official documentation from the Preferred Banking Partner detailing the sort code and account number of the new business bank account opened.

   • 2.5 Providing that the Customer provides electronic proof to the Company as detailed in clause 2.4 above, the Company will verify the bank account details and then make payment of the Standard Companies House Filing Fee reward within 28 days.

     • 2.5.1 The Standard Companies House Filing Fee reward will be credited by way of direct bank transfer into the business bank account opened with the Preferred Banking Partner using the sort code and account details provided by the Customer.

3. Reward 2 - Free Domain Name + 3 Months Hosting

   • 3.1 The Company agrees to provide the Customer with a free Internet Domain Name and 3 months free Web Hosting.

   • 3.2 The Internet Domain Name and Web Hosting requested by the Customer will be set up within 1 working day by the Company.

   • 3.3 The Customer will need to provide credit or debit card payment details to the Company at the time of claiming this offer, and these payment details will be used to debit the recurring fee of £7.99+VAT per month after the Initial Period expires.

     • 3.3.1 The Customer authorises the Company to process the payment referred to in clause 3.3 above, and the Company will provide an invoice receipt for each payment.

   • 3.4 If the Customer does not, or is unable to open a bank account with the Preferred Banking Partner for any reason as detailed in Clause 1 above, the Customer will be billed using the credit or debit card details provided either:

     • 3.4.1 £9.99+VAT for any .uk domain name and the Initial Period of Web Hosting; or

     • 3.4.2 £12.98+VAT for any domain that is not .uk (.com, .net, .org, .biz) and the Initial Period of Web Hosting.

   • 3.5 There is no minimum contract for the recurring billing of £7.99+VAT for the Web Hosting upon the expiry of the Initial Period, and the service will continue and be billed on a rolling monthly basis.

     • 3.5.1 If the Customer wishes to cancel the Web Hosting service they must notify the Company in writing by emailing cancellations@thecompanywarehouse.co.uk.

     • 3.5.2 The Customer must provide 1 month notice of cancellation of the Web Hosting service to the Company, and from the date the cancellation notice, the Company will process one final month recurring fee of £7.99+VAT.

   • 3.6 If the Customer cancels the Web Hosting provided by the Company, the Company will still act as the domain registrar and retain control of the Internet Domain Name as agent for the Customer.

     • 3.6.1 If the Customer would like to transfer control of the Internet Domain Name from the Company to an alternative domain name registrar, the Customer must email the details of the new registrar to web-support@thecompanywarehouse.co.uk and there will be a fee payable of £14.99+VAT to the Company..

4. Premium Reward 3 - Free VAT Registration

   • 4.1 The Company agrees to make an application for VAT Registration on behalf of the Customer.

   • 4.2 In order for the Company to complete a VAT Registration application, the Customer will need to provide business bank account details and other information as requested by the Company.

     • 4.2.1 The Company will request this information from the Customer upon successful opening of a business bank account by the Customer with the Preferred Banking Partner following a Banking Introduction by the Company.

     • 4.2.2 The Customer will need to provide the requested information by logging into their 'MyCompanyWarehouse' member area on the Company website following completing the steps detailed in clauses 4.3 and 4.4 below.

   • 4.3 In order to claim the free VAT Registration, the Customer must send electronic proof of successful bank account opening to the Company.

     • 4.3.1 The electronic proof must be emailed to rewards@thecompanywarehouse.co.uk within 21 days of the initial Banking Introduction

     • 4.3.2 The electronic proof must be a scan or photo of official documentation from the Preferred Banking Partner detailing the sort code and account number of the new business bank account opened.

   • 4.4 Providing that the Customer provides electronic proof to the Company as detailed in clause 4.3 above, the Customer will need to contact the Company in order to claim redemption of the free VAT Registration offer.

5. Cancellation of Offer

   • All offers and Premium Rewards are available subject to availability and may be withdrawn without reason at any time.

 

Registered Office Facility

1. Definitions

   • 1.1 ‘Registered Office Facility’ means the Customer having use of the Company Address as a 'Registered Office' at Companies House.

   • 1.2 ‘Company Address’ means the postal address nominated by the Company as ‘2nd Floor, 43 Broomfield Road, Chelmsford, Essex, CM1 1SY’, and that may change from time to time.

   • 1.3 ‘First Service Period’ means 12 months commencing from date payment is made by the Customer to the Company.

   • 1.4 ‘Renewed Service Period’ means a further 12 months continuing from the expiration of the First Service Period or a previous Renewed Service Period, where the Customer has failed to change the registered office at Companies House.

   • 1.5 ‘Mail Forwarding’ means post received at the Company Address for the Customer that is forwarded by the Company to the Customer Address by 1st class mail.

   • 1.6 ‘Customer Address’ means the address specified by the Customer to which mail is to be forwarded. Where no specific address is provided, this will be deemed to be the invoicing address held by the Company for the Customer.

   • 1.7 ‘Statutory Mail’ means postal mail items which are clearly marked as being from Companies House, HMRC, Government departments or in relation to other legal proceedings. This does not include postal correspondence from utility and service providers, banks or other unmarked mail.

   • 1.7 ‘Annual Feel’ means a fee to be paid annually in advance of the Renewed Service Period at a cost of £75 + VAT. This fee may be higher if the Customer requires Mail Forwarding to be sent to a Customer Address which is overseas.

2. The Service

   • 2.1 The Company will provide the Customer with a Registered Office Facility for the duration of the First Service Period or Renewed Service Period provided that the Customer has made payment of the Annual Fee.

   • 2.2 The service will include Mail Forwarding of all Statutory Mail to the Customer Address up to a maximum of 10 items during any First Service Period or Renewed Service Period.

   • 2.3 Mail will be forwarded to the Customer Address by Royal Mail 1st class post or equivalent alternative as appropriate.

   • 2.4 If the Customer exceeds the maximum 10 items of Statutory Mail in any First Service Period or Renewed Service Period, the Customer may purchase an additional Mail Forwarding ‘top up’ at a cost of £1 per item in blocks of 10 items.

   • 2.5 If the Company receives post at the Company Address for a Customer which is not Statutory Mail, where the Customer has exceeded the maximum number of items of Mail Forwarding, or where the Annual Fee has not been paid, any mail received will be sent back in the post marked ‘Return to Sender’.

   • 2.6 The Company may, at its discretion, forward items of mail to the Customer at the Customer Address without franking or postage paid, in the alternative to the action stated in clause 2.4 above.

   • 2.7 The Registered Office Facility and Annual Fee applies to only one limited company specified by the Customer. If the Customer has more than one limited company a separate agreement for provision of the Registered Office Facility would apply.

   • 2.8 If the Customer wishes to change its Customer Address used for Mail Forwarding by the Company, an email should be sent to support@thecompanywarehouse.co.uk from the Customer with the new address details clearing stating which limited company it is in relation to. The Customer should accept this address as having been updated only when a return email is received confirming the change.

   • 2.9 If the Company is unable to forward mail for any reason, including but not limited to, bad weather, postal delivery strikes or technical failure, the Company will retain mail received until such time as it can be suitably forward to the Customer Address.

3. Payment

   • 3.1 Payment of the Annual Fee is due to be made by the Customer to the Company in advance of the Renewed Service Period.

   • 3.2 It is an express term of the Registered Office Facility that the Customer provides the Company with the necessary bank account details and authority to set up a direct debit to make payment of the Annual Fee.

   • 3.3 If the Customer fails to provide valid direct debit payment details to the Company, it is the Customer's responsibility to ensure payment of the Annual Fee is made in accordance with clause 3.1.

   • 3.4 If the Customer fails to make payment of the Annual Fee in accordance with clause 3.1, the Company reserves the right to levy an administration fee of £25 + VAT in addition to the Annual Fee.

4. Termination of Service

   • 4.1 The Registered Office Facility can only be terminated if the address shown on as Registered Office at Companies House for the Customer's limited company is no longer the Company Address.

   • 4.2 In addition to changing the registered address at Companies House, the Customer must confirm that they are terminating the agreement for provision of a Registered Office Facility to the Company, by emailing cancellations@thecompanywarehouse.co.uk.

   • 4.3 If the Customer changes the company registered office at Companies House after the expiration of the First Service Period or a Renewed Service Period, the Customer will be liable to the Annual Fee for a further Renewed Service Period.

   • 4.4 If the Customer has made payment of the Annual Fee and subsequently terminates the service in accordance with Clauses 4.1 and 4.2 above during a First Service Period or Renewed Service Period, the Customer will not be entitled to a refund of any or part of the Annual Fee already paid.

   • 4.5 If the Customer's limited company is dissolved whilst the Registered Office Facility service is in use, the agreement will be deemed to have terminated with effect from the date of dissolution, but the Customer will remain liable for any Annual Fee or other costs incurred up until that date.

 

The Company Warehouse – Dispute Resolution Procedure

The Company Warehouse endeavours to offer the highest level of service, and wishes to maintain a transparent and prosperous relationship with all its customers. In the unlikely event that you are unhappy with the goods or services that are offered by The Company Warehouse, the procedure to be followed is as follows, clearly giving details of the order and your company:

Stage One - Notification

The first action that you should take if you have any problems or concerns with an order that you have placed, is to contact the Business Consultant with whom you have been dealing at The Company Warehouse.

• Either e-mail or telephone the consultant using the contact details they have provided to you

• If uncertain who your consultant is, or have lost their contact details, please contact the office on 01245 492777 and you be directed accordingly

Many issues that may arise can be dealt with by your Business Consultant in the most time effective manner.

Stage Two - Escalation

If you are not happy with the resolution offered by your Business Consultant or the nature of the dispute is regarding your consultant, then please contact the Dispute Resolution Team in writing to express your concerns:

• The details may be sent by e-mail to disputes@thecompanywarehouse.co.uk

• Or, by post to ‘Dispute Resolution Team, The Company Warehouse, 2nd Floor, 43 Broomfield Road, Chelmsford, Essex, CM1 1SY’

You will receive an acknowledgement of your correspondence within 1 working day with a reference number and a full response from a Manager within 5 – 7 working days. You will be advised what investigation and action has been taken and where appropriate, a proposal to bring the matter to a resolution.

Stage Three – Final Review

If following investigation and review by a Manager you are still unhappy with the action taken or resolution offered, you should escalate the issue for the attention of the Managing Director:

Please write to ‘The Managing Director, The Company Warehouse, 2nd Floor, 43 Broomfield Road, Chelmsford, Essex, CM1 1SY’

You will receive a written response within 14 working days, upon final review by the Managing Director. You will be advised what investigation and action has been taken and where appropriate, a proposal to bring the matter to a resolution.

Please note – a matter will not be reviewed by the Managing Director unless Stages One and Two of the Complaints Procedure have been completed.

 

 

Business Telephone Numbers - Terms and Conditions

These terms and conditions are to be used in conjunction with the General Terms of Trade 

1.         Definitions

1.1       ‘Account’ means the record of all Charges due from a Customer.

1.2       ‘Agreement’ means the agreement between us, the Company, and you, the Customer in respect of Telecoms Services.

1.3       ‘Billing Period’ means the duration of services and frequency of invoiced Telecoms Services.  These will commence on Connection and usually last for one calendar month, unless specifically advised otherwise by the Company.

1.4       ‘Charges’ means the charges payable in respect of Telecoms Services (as amended from time to time in accordance with clause 5 below).

1.5       ‘Connection’ means the time and date when the Telecoms Services are first made available to the Customer.

1.6       ‘ICSTIS’ means the Independent Committee for the Supervision of Standards of Information Telecoms Services.

1.7       ‘OFCOM’ means the Office of Communications.

1.8       ‘Operator’ means the provider of access to the Telecommunications Network.

1.9       ‘Order’ means a Customer’s order for Telecoms Services placed with the Company and paid for.

1.10     ‘Business Telephone Number’means the non-geographic or other business telephone number allocated to a Customer for the provision of Telecoms Services by the Company.

1.11     ‘Telecoms Support’ means the day to day after sales support for notification of technical problems, loss of service or Telecom Services changes requests.

1.12     ‘Telecoms Services’ means any of, but not exclusively, connection to the Telecommunications Network, provision of Business Telephone Numbers,  or provision of goods or services relating to Business Telephone Numbers.

1.13     ‘Telecommunications Network’ means the public or private telecommunications systems accessed by the Business Telephone Number or by which Telecoms Services are made available.

1.14     ‘Security Deposit Bond’ means a deposit paid by the Customer to the Company to be held on account by way of guarantee for payment of Telecoms Services used.  The bond cannot be used as payment for Charges, but will be retained if a customer fails to make payment of an invoice.  The Security Deposit Bond will be returned to the Customer when the Agreement for provision of Telecoms  Services is cancelled in accordance with these terms and conditions and all invoices are paid.

 

2.         Business Telephone Numbers and Telecoms Services

2.1       The Company offers Telecoms Services as advertised on its website at www.thecompanywarehouse.co.uk, printed materials or otherwise.

2.2       The features and specification of the Business Telephone Numbers and of the Telecoms Services provided by the Company are detailed on the Company’s website at www.thecompanywarehouse.co.uk as may change from time to time.

2.3       It may be necessary for the Company to vary the features and specification of the Telecoms Services provided to the Customer.  Any variations or changes will be notified to the Customer via the Company’s website.

2.4       The Company will provide Telecoms Support for Business Telephone Numbers, Connection and Telecom Services via a support ticketing system on the Company’s website at www.thecompanywarehouse.co.uk.

2.5       It is estimated that Connection of the NGN Business Telephone will usually be effective within 2 working days from when an Order is placed, unless otherwise stated.

2.6       Telecoms Services are provided on a monthly rolling basis, and will continue until such time as the Agreement is cancelled in one of the prescribed methods detailed in clause 8 or clause 9 below.

2.7       The Telecoms Services are supplied subject to all limitations of the Telecommunications Network including the risk of imposed prefix or number changes.  In particular, the Company cannot guarantee that all overseas systems will be able to access the Customer using the Business Telephone Number.

2.8       Where an Order is for the provision of more than one Business Telephone Number, each Connection of a Business Telephone Number will be deemed to be the subject of a separate and severable Agreement.

2.9       If the Customer places an Order for a specified Business Telephone Number or provision of a specified package of Telecoms Services, the Company may from time to time need to substitute the ordered Business Telephone Number or Telecoms Services for an alternative Business Telephone Number or package of Telecoms Services of an equivalent value. 

 

3.         Company Obligations

3.1       The Company will use reasonable endeavours to provide the Telecoms Services but shall not be liable for any failure for any factors outside of the Company’s control.  In particular the Company is not responsible for the operation of the Telecommunications Network.

3.2       The Company will notify the Customer prior to Connection in accordance with clause 2.9 above.

3.3       The Company will notify the Customer in accordance with clause 2.3 where it has been necessary to vary or amend the Telecoms Services provided.

3.4       The Company will provide aftersales Telecoms Support for Connection of Business Telephone Numbers and Telecoms Services as detailed in clause 2.4 above.

 

4.         Customer Obligations

4.1       The Customer shall at all times:

4.1.1    Comply with any reasonable directions or instructions (including requests for assistance or information) issued from time to time by the Company in connection with Connection or Telecoms Services.

4.1.2    Pay the Company all Charges under this Agreement on or before the due date for payment without set off or deduction.

4.1.3    Ensure insofar as it is possible that any Business Telephone Numbers provided by the Company are not used for any unlawful, improper or damaging manner.

4.1.4    Indemnify and hold harmless the Company against all liabilities, claims, damages, losses, costs and proceedings howsoever arising from a claim by a third party which relates to the usage of a Business Telephone Number by a Customer or their agent.

4.2       The Customer shall ensure that if they change payment methods, contact details or address that they update the Company to the extent that they receive acknowledgement back of said changes from the Company.

 

5.         Charges

5.1       The Company provides Connection to a variety of different Business Telephone Number types which have varying costs as will be detailed and updated from time to time on the Company’s website at www.thecompanywarehouse.co.uk.

5.2       Charges may be payable prior to initial Connection of a Business Telephone Number as a one off connection fee.  The Charges for Connection of a particular Business Telephone Number will be detailed on the Company’s website, or confirmed to the Customer by a representative of the Company prior to acceptance of an Order.

5.3       Certain Telecoms Services will incur additional Charges.  These include, but are not limited to, diverting a Business Telephone Number to a mobile terminating number.

5.4       Certain Business Telephone Number types will incur a monthly Charge for provision of ongoing monthly Telecoms Services.

5.5       Certain Business Telephone Number types and Telecoms Services will have minimum usage tariff, and will be invoiced for payment based upon actual usage or the minimum usage tariff amount if the Business Telephone Number usage does not exceed the minimum usage tariff in a Billing Period.

5.6       The Customer will be required to pay the one month advance payment of the advertised monthly Charge for the Telecoms Services associated with the Business Telephone Number type at the time of Order before Connection takes place.

5.7       Other Charges for Telecoms Services provided in excess of monthly fees and usage allowances will be invoiced at the end of each Billing Period.

5.8       The Company reserves the right to monitor usage, and if Telecoms Services associated with a Business Telephone Number exceeds the allowances within a Billing Period, invoice the Customer for the usage and request payment of a reasonable Security Deposit Bond.

5.9       In circumstances where the Customer requests that a Business Telephone Number is terminated to a mobile number target destination, the Company will charge the Customer a Security Deposit Bond.

5.10     There will be a fee payable of £7.50 + VAT by the Customer where a Business Telephone Number is connected and the Customer requests a change of terminating number to an alternative target destination.

 

6.         Payment

6.1       The Customer will make payment for Connection and any first monthly fee when placing an Order with the Company.

6.2       Invoices for Telecoms Services will be generated by the Company at the end of a Billing Period and will be payable immediately by the Customer.

6.3       The Customer agrees to make payment by recurring credit/debit card payment and any outstanding invoice amount will be debited from the Customers card details as provided at the time of Order or as updated from time to time.

6.4       Value Added Tax will be added to Charges where appropriate.

6.5       If a payment attempt fails, the Customer must provide alternative method of processing payment immediately when requested.  Failure to make payment may result in a fixed sum penalty or interest at an annual rate equal to the statutory interest rate chargeable under the Late Payment of Commercial Debts (Interest) Act 1998 both before and after judgement.

6.6       No change of terminating numbers or Telecoms Support will be undertaken by the Company whilst the Customer has any outstanding invoices.

6.7       In order to query any invoice or payment the Customer must notify the Company by raising a support ticket using the Company’s website at www.thecompanywarehouse.co.uk.

 

7.         Suspension of Telecoms Services

7.1       The Company reserves the right to suspend the Telecoms Services where a Customer has outstanding invoices in relation to their Business Telephone Number. 

7.2       The Company may suspend the usage of Telecoms Services without notice to the Customer and a status update will be provided to the Customer by support ticket and email notification.

7.3       The Customer may re-instate a suspended Business Telephone Number by making payment of any outstanding Charges due to the Company, and an additional re-connection fee of £9.99 + VAT.

7.4       The Customer will continue to incur Charges whilst the Telecoms Services for a Business Telephone Number is suspended, until such time as the Telecoms Services are cancelled in accordance with clause 8 or clause 9 below.

 

7.         Customer Cancellation

7.1       Telecoms Services are provided by the Company to the Customer on a rolling monthly contract.  A Customer may cancel their Telecoms Services at any time, giving 1 calendar month notice to the Company.  The customer will therefore pay a final one month fee for their Telecoms Service following the cancellation request and the contract will end.

7.2       All cancellations of Telecoms Services must be made in writing to the Company by using their support ticketing system on the Company website at www.thecompanywarehouse.co.uk.

7.3       The Customer will remain liable, and must pay on demand, any Charges accrued in relation to Telecoms Services for a Business Telephone Number for the cancellation of a those service to take effect.

7.4       Any retained Security Deposit Bond held by the Company cannot be used for payment of the final invoice raise by the Client.  The Security Deposit Bond will be returned to the Customer by the Company within 30 days of a valid cancellation and payment of all Charges in relation to Telecoms Services.

7.5       No Charges that have been paid by the Customer for Connection of a Business Telephone Number or Telecoms Services will be available for refund to a Customer following a cancellation request.  A cancellation request only gives rise to the cessation of further Charges being incurred by the Customer.

7.6       The Company fully complies with the Distance Selling Regulations in the form of the Consumer Protection (Distance Selling) Regulations 2000 and the Electronic Commerce (EC Directive) Regulations 2002.  These regulations do not apply to business to business transactions and agreements, and a ‘cooling off’ period does not therefore apply to an Agreement for provision of Telecoms Services between the Customer and the Company.

7.7       The Customer can at any time by reasonable notice cancel and terminate any Agreement with the Company upon the porting or transfer of the Business Telephone Number to another Operator or service provider.  The Company will respond within 30 days with any porting request from another Operator or Service Provider for the transfer of a Business Telephone Number, but the Customer will be liable to make payment of an invoice to the Company in the sum of 6 months Charges for the Telecoms Services associated with that Business Telephone Number.  Any porting request will not be actioned by the Company until all Charges payable to the Company are made by the Customer.

 

8.         Cancellation by Us

8.1       The Company reserves the right to cancel the Agreement for provision of Telecoms Services to the Customer immediately by notice to the Customer if:

8.1.1    The Customer is in breach of the Agreement with the Company for provision of Telecoms Services, or in breach of any other Agreement between the parties, and does not remedy the breach immediately upon notice;

8.1.2    Any licence, permission, Agreement or authorisation granted to the Operator or the Company for the provision of Telecoms Services is suspended, revoked or terminated;

8.1.3    The Company has reasonable reason to believe that Charges will not be paid by the Customer when they fall due.

 

                                                                                                                                                                (BTN.220213.v1)