Terms and Conditions
1. Scope
These Standard Terms apply to the supply of all services by Company Formation Agents LLC through the web https://thecompaniesforsale.uk or its online services, and any subsidiary or Associated or Partners, unless we otherwise agree in writing.
2. Agency
We accept orders and instructions only in writing, by email, on the basis that those instructing us do so as principals and are liable directly to us for payment of our Invoices or Proforma Invoices.
3. Use of third-party Contractors
We use, as your agents, directly or through intermediaries, Contractors or Partners and another contractor (“Third Party Contractors”) to carry out some or all of any work which you instruct us to carry out for you. We shall pay the charges of Third Party Contractors, Intermediaries or Partners on your behalf adding to their invoices to you with our own fees or margin.
We have no control over the activities of a Third Party Contractor and therefore accept no responsibility for the services provided to you by that Third Party Contractor or for any errors or omissions in its work or products.
4. Adequacy of instructions
We provide services only, after the Know your Client process and documents, presented by the clients, and after passing an external Compliance (external cost of £ 175) on the basis that those instructing us give us all proper, necessary and timely instructions, authority and information (including the execution of all documents required) to enable us to undertake lawfully and effectively the business instructed and that those instructing us indemnify us accordingly.
6. Third party reliance
Our services, including search reports and information services, are always provided by our Contractors, Intermediaries and or Partners. solely for the use of our client and that client’s own client on whose behalf the work has been commissioned and shall not be used or relied upon by any other third party.
7. Delivery of products and services
Services and documents, when necessary, are delivered using International Courier or email (as appropriate), unless otherwise stated. Where you request an alternative method of delivery, you must meet those costs. Services are provided using reasonable skill and care. The description and price of services and delivery details will be provided in the confirmation of order and/or invoice or proforma invoice dispatched with the service.
8. Payment
We require 100% payment in advance before providing any services. We reserve the right to charge for costs and expenses incurred in recovering late payments and to charge interest at the rate then in force pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 as at the due date.
For those who prefer to pay via Paypal, there will be an additional charge of 3.9% to cover the Paypal commission.
9 Search and other reports
We accept no responsibility for the accuracy of any part of any search or other reports where it is apparent that it is not derived from information in a public register, or for any inaccuracy, omission or other error in any public register upon which our search or report is based.
10 Non completion of services
Where you instruct us to undertake any service, you will be responsible for our costs in providing that service whether or not it proceeds to its conclusion.
11. Right to cancel
Under the terms of the Consumer Protection (Distance Selling) Regulations 2000 you may have the right to cancel the contract between us within 7 working days of the day after the date on which you receive any service from us or the date on which the contract for the provision of services is concluded. This right to cancel does not apply to services which have been personalized or made or supplied to your specifications or to services once performance of those services has started with your approval. Where we provide a service to you.
In situations where a refund is requested for a new company formation or a shelf company purchase, which has been submitted on for incorporation or where order has already been processed, no refunds will be given in any circumstances whatsoever. Any actions relating to an unwanted company will be the sole responsibility of the purchaser and costs incurred in dissolving, reselling or amending any details relating to such a company will be borne by the purchaser in their entirety.
Also if a payment is made by PayPal, we cannot refund the PayPal charge. The client will have to bear the cost.
We cannot offer refunds on any Nominee or Registered Office Address services.
12. Liability
Except in respect of claims for death or personal injury resulting from negligence or as otherwise prohibited by law, our liability for loss or damage in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of our services under these Terms and Conditions shall not exceed US $ 125,000. Save as precluded by law, we shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with our services or these Terms and Conditions
13. Data protection
Company Formation Agents LLC will use personal information which we hold about you to provide our services to you, for credit control and market research purposes and to inform you about our services , We may share your personal information with other companies in our group, for any of the above purposes. In order to provide services to you we may be required to pass your personal information to parties located outside of the European Economic Area in countries which do not have data protection laws equivalent to those in the UK. Where this is the case we will take reasonable steps to ensure the privacy of your information. Except in the situations listed above or as required or allowed by law or other regulation, we will not pass, disclose, rent or sell your personal information (other than any personal information which is already publicly available and which is incorporated into our search products) to any third party without your prior consent. If you do not wish to receive information from us please email us with the subject ‘Data Protection’. You have the right, by written request and on payment of a small fee, to a copy of any personal data (as defined in the Data Protection Act 1998) which we hold about you.
14. Due diligence
Due to the implementation of 2007 Money Laundering Regulations we are required to ask proof of identity and proof of address from our clients. You will fill the Business Profile form, as well as Beneficiary Declaration. Any order about Confirmation Statement, Annual Return, approve or not about the VAT and Tax declaration, have to be done in write by email. Any person in relation with the service require by you, will have to pass an External Compliance made by a Compliance company. If you fail to supply any due diligence which we request we will be unable to provide services to you.
Overseas clients should provide us certified copies of passport(s) and utility bill(s) with translation into English.
15. Nominee services
For those requiring our nominee director services, we provide them with a Director Appointment & Indemnification Agreement. We require an original copy of the indemnification signed. If we do not receive the original indemnification and certified original due diligence from the beneficial owner within 2 weeks of incorporation, the nominee has the right to resign.
The nominees will be used for the public record only.
We will only provide Nominee Director services on the following conditions:
- We receive the proof of identity and proof of address (utility bill/bank statement not older than 3 months) on the beneficial owner.
- We will need to know reasons for requiring a Nominee Director.
- We will need to know the nature of the business.
- We will require the company to do annual tax accounts with us (to make sure business is in good standing). If you prefer doing accounts with your accountant then our nominee will charge if you require them to sign the accounts. We will also require a letter from your accountant confirming the company has been lawfully trading and has not carried out money laundering, drug trafficking, terrorism or any other unlawful purpose or activity for the accounting period.
If payment for renewal of the Service has not been received on or before the anniversary of the date on which the previous payment was received you will be deemed irrevocably to have authorized us (and to have irrevocably consented to our so doing) to change, with immediate effect, the director/shareholder of the company to Beneficial Owner.
Either of the parties can resign, with written notice (emails).
We will also require the company to do annual accounts with us (to make sure business is in good standing). If you prefer doing accounts with your accountant then there will be a extra charge of £ 600 if you require our nominee to sign the accounts. When you file the accounts, we will also need a reassurance letter from your accountant that the company has not engaged in any of the following activities: money laundering, receiving the proceeds of drug trafficking, receiving the proceeds of criminal activities, funding terrorist activities or any other illegal activity, and will not use the Company in any manner whatsoever that may damage the good reputation of the Company and the Nominee Director. If we are not doing accounts, its best to obtain this letter if nominee director needs to sign the annual accounts to avoid risks. You do not have to worry about this now, its only when company wants to file the annual accounts and we can provide a draft letter when you need it.
The client must inform us if they decide to dissolve the company. We will terminate ourselves, appoint them and only agree to dissolve the company.
16. Registered Office Address and Mail-Forwarding
If payment for renewal of the Registered Office and mail-forwarding has not been received on or before the anniversary of the date on which the previous payment was received, you will be deemed irrevocably to have authorized us (and to have irrevocably consented to our so doing) to change, with immediate effect, the registered office of the Company to your residential address or to such other address previously notified to us by you (or your representative) for this purpose.
We are required to ask proof of identity and proof of address from our clients. We also share this information to our Registered Office address provider.
17. Customer services
If you are not satisfy with our service, please contact us at company.formation.agents.llc@gmail.com. We will try to modify what is not in good standing.
18. Changes to Standard Terms
We reserve the right to make changes to these Standard Terms from time to time.
19. Jurisdiction
Contracts between us will be concluded in the English language and our relationship with you will be governed by English law and will be subject to the exclusive jurisdiction of the English courts.
20. About Us
Company Formation Agents LLC
Wyoming – United States of America
Company No.: 07782898
Please contact us with any queries or concerns.