These Terms and Conditions ("Terms") govern our agreement with you in relation to the company formation services that you have agreed to use and that we supply to you via or through our site ("Services"). Other terms will apply to other products and services that we may provide to you that are not the Services. These Terms may be updated from time to time and any changes will be binding on you. You agree we can review these Terms regularly and we are entitled to treat your continued access to or use of the Services as confirmation that you agree to the changes.
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Introduction
In these Terms, the following terms have the following meanings unless defined elsewhere in these Terms:
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'our', 'we' and 'us' means E-Crunch Ltd trading as Crunch Formations and, where applicable, its officers, employees and authorised agents;
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'our site' or 'site' means the following URL: www.crunchformations.co.uk
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'you' and 'your' means the individual or company using the Services and includes any business with which you are associated with and on behalf of which you useour site;
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'the Anti Money Laundering Legislation' means the Proceeds of Crime Act 2002, the Terrorism Act 2000 and the Money Laundering Regulations 2017 and any regulations or other statutory provisions replacing modifying or amending them from time to time.
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Terms and Conditions
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When requesting Services from our site you agree to comply with the on-line ordering procedure as prompted on our site.
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When requesting our Services for the first time we will give you an individual user account number on the basis that you must use this account when requesting Services from us. You must keep this number safe and secure.
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These Terms shall apply to all contracts for the Services that you make with us. Each time you use our Services you are offering to contract with us on the basis of these Terms.
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The Services are for business customers. You warrant and undertake that you are acting in the course of business and that you are not acting as a consumer.
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You authorise us to carry out such checks as are required under the Anti Money Laundering Legislation and acknowledge that at all times our provision of the Services is subject to our compliance with the Anti Money Laundering Legislation. We do not always require your consent to complete these checks and we need to obtain this information in order to perform our contact with you.
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If a pass is not secured, you agree to provide us with proof of identification or address in a timely manner
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We will make contact with you a maximum of two times at the point of a failed ID check to obtain ID. If there is no response within 30 days from the initial contact, we will reject the company formation application
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If we cannot confirm your identity you may not be able to register for our Services.
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We must report any suspected money laundering, and will not inform you if we do so (this is known as "tipping off").
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We reserve the right, at our discretion, to reject the processing of your company formation request to Companies House. The reasons may include but not be limited to: technical constraints; you or your business having been banned by us from using the Services; or our inability to confirm adequately your identity; or for any other reason. No charge will be made for declined applications.
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All access to our site in respect of the Services is subject to these Terms. No other terms and conditions will apply to our supply of the Services unless you have contracted with us for the provision of other services in which case we will have a separate contract with you under those terms.
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We only provide the Services for:
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Limited companies; and
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Ordinary shares. The value and quantity of these shares are determined by you.
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Your Obligations
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We accept orders on the basis that the person (which may be a company) placing the order is liable to pay us for the Services. It is your responsibility to ensure the security of your user account. You will be liable to pay for any Services ordered on that account until we receive notice from you to the contrary.
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We only provide Services on the basis that you have given us full and proper instructions and the authority to lawfully carry out those instructions.
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You undertake to ensure the accuracy and completeness of the information you provide us and you accept all liability for the rejection of documents or information provided due to inaccuracies or incompleteness.
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It is your responsibility to ensure that any company name or domain name you choose is available for registration and can be lawfully used by you. We accept no liability for your choice of company name and you shall indemnify us on demand for any loss or damage we suffer due to your choice of company name.
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Once we have accepted a request for Services you may contact us by email at crunchformations@crunch.co.uk to ask that your request be withdrawn. Given the nature of the Services we provide it will be entirely at our discretion whether or not you are entitled to a refund for those Services. In the exercise of such discretion we will consider the extent to which we have commenced work on the provision of that service.
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Our Obligations
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We shall exercise reasonable skill and care in performing the Services. We shall use reasonable efforts to make our site available to you at all times (although we provide no guarantee of site uptime), and take the steps set out in our Privacy Policy to endeavour to secure any personal data or payment card information you give us.
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On accepting a request for Services from you we will acknowledge our acceptance and confirm the details you have supplied us with by way of email. Our acceptance of instructions is deemed to have occurred at the time of our sending the email and not at the time of your receipt.
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In the event of Companies House rejecting an application or submission you may re-submit the application with appropriate corrections at no extra charge.
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Price and Payment
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Payment will be made by debit or credit card using the procedure set out on our site at the time of ordering. The price of Services you order will be confirmed at the time of the request.
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To ensure that your debit or credit card is not being used without your consent, we will validate the name, address and other personal information supplied by you during the order process against appropriate third party databases. Our legal basis for doing this is performance of our contract with you and so that we comply with our legal obligations. In performing these checks, personal information provided by you may be disclosed to a registered credit reference agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with our Privacy Policy.
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You agree to pay the prices set out on our site for Services selected by clicking the accept button.
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Charges for use of the Services are payable once in advance of the formation submission. The rates are posted on our site and we may vary these from time to time. Prices on our site are quoted in UK £ sterling and exclude VAT, which is also payable.
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Insofar as we are permitted to do so by law or professional guidelines, we reserve the right to exercise a lien over all funds, documents and records in our possession relating to all engagements for you until all outstanding fees are paid in full.
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Until we receive further instruction from you we will keep, to your credit, any application or filing fee that is returned to us on the rejection of any application or filing.
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In the event that you enter into a separate contract with us for another service offering other than the Services, the formation fee may be refunded to you once signed up to the other service. Any refund is entirely at our discretion.
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Performance
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Time is not of the essence for the performance of the Services. We will use our reasonable endeavours to meet the time estimates given on our site but these remain estimates and in particular we accept no responsibility for delay caused by third parties, the need for us to comply with the Anti Money Laundering Regulations or for reasons outside our control (such as site downtime for whatever reason, the unavailability of the world wide web or for computer systems or telecommunications failure).
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We are not obliged to accept any request or to continue to perform any service. We reserve the right to reject any request or to discontinue the performance of any service without liability.
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We cannot be held responsible or accountable for any errors made in the formation of your company as it is entirely based on the accuracy of the information you provide to us. Any changes required after submissions do not fall within the scope of the Services and the initial fee and we reserve the right to charge you for any further services you may require.
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Exclusion and Limitations
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We confirm that we can meet our obligations under these Terms. We will provide the Services with reasonable skill and care.
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You confirm that you can meet your obligations under these Terms.
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As with any online business, access to our Services and our site may be disrupted by problems on our end, your end, or somewhere in between. We'll always try to ensure any disruption is kept to a minimum.
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We make no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in our site. The information contained in our site may contain technical inaccuracies or typographical errors and is intended to be a general indication of our services only. Any implied terms including those as to quality, fitness for purpose, compliance with description or sample are excluded.
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Except in respect of death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation, we shall not be liable for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever which arise out of or in connection with the supply of the Services, and our entire liability shall not exceed the price paid for the Services under the particular contract to which the claim relates.
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You agree that the limitations set out in this clause 7 are reasonable having regard to the nature of our site and the Services that we provide.
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Each of the provisions of this Clause 7 shall be construed as a separate, and severable, provision of these terms and conditions.
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Variation
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We reserve the right at any time without notice to revise the content of our site (including the services offered by us) and the Terms. Any changes to the terms and conditions will be posted on our site and by continuing to use our site following any such change you agree to be bound by the updated Terms.
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Termination of Access
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We reserve the right in our sole discretion to deny users access to our site or any part of our site without notice and to decline to provide the Services to any user that is in breach of these Terms.
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Links to Other Sites and Partners
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Certain links, including hypertext links, in our site may take you outside our site. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of any website outside our site.
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Crunch offers other products, including accountancy products and services. Should you choose to take up any of these offers, we may be required to share your personal data with our affiliates and subsidiaries. Further information on how we use your personal data is set out in our privacy notice .
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Crunch provides partnered services to be offered as part of the formation journey. If you choose to engage with these, we will always obtain your consent to share your data with those 3rd parties.
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Force Majeure
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We shall not be liable to you for any breach of these Terms or any failure to provide or delay in providing our Services through our site resulting from any event or circumstance beyond our reasonable control including without limitation breakdown of systems or network access, fire, explosion or accident.
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Privacy
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You acknowledge and understand that we may collect, store, and use information about you in accordance with our Privacy Policy , as may be updated by us from time to time. You can always find the most up-to-date version of our policy on our site.
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Our details and notices under these Terms
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We are E-Crunch Ltd trading as Crunch Formations. Our company registration number is 06014477 and our registered office is at 125-135 Preston Road, Brighton, East Sussex, BN1 6AF. Our VAT number is 931453536.
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You can contact us by telephoning our sales advisor team at 033 3311 8001 or by writing to us at info@crunch.co.uk.
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Any notice pursuant to this Terms must be sent by email to info@crunch.co.uk or to the address set out above. We will send any notice to the email address you provided us with when you signed up to the Services.
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Ownership Rights
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All rights in the design, text, graphics and other material on our site and the selection or arrangement thereof are the copyright of us or other third parties. Permission is granted to electronically copy and print in hard copy portions of our site solely in connection with the acquisition of the Services via the site. Any other use of materials on our site (including reproduction for purposes other than those noted above and alteration, modification, distribution, or republication) without our prior written permission is strictly prohibited.
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Third Party Rights
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These terms and conditions are not intended to be enforceable by any third party as provided by the Contracts (Rights of Third Parties) Act 1999.
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No waiver
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If we fail to insist that you perform any of your obligations under our contract with you, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
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Jurisdiction
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Our relationship with you will be governed by English law and will be subject to the exclusive jurisdiction of the English courts.
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