Terms of service
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SERVICE.
BY USING THE SERVICE OR CLICKING “AGREE” CUSTOMER IS AGREEING TO BE BOUND BY THIS AGREEMENT.
This agreement is between SMART ACCOUNTING & BUSINESS SERVICES LTD (operating as UK SA Tax Return), and the customer agreeing to these terms (Customer).
- SOFTWARE-AS-A-SERVICE: This agreement provides Customer access to and usage of an Internet based software service as specified on an order and as further outlined at: sataxreturn.uk (Service).
- USE OF SERVICE: This agreement provides Customer access to and usage of an Internet based software service as specified on an order and as further outlined at: sataxreturn.uk (Service).
- Customer Owned Data: All data and documents uploaded by Customer remains the property of Customer, as between UK SA Tax Return and Customer (Customer Data). Customer grants UK SA Tax Return the right to use, display and distribute the Customer Data for purposes of performing under this agreement.
- Customer Responsibilities: Customer (i) must keep its passwords secure and confidential; (ii) is solely responsible for Customer Data and all activity in its account in the Service; (iii) must use commercially reasonable efforts to prevent unauthorized access to its account and notify UK SA Tax Return promptly of any such unauthorized access; and (iv) may use the Service only in accordance with the Service’s Knowledge Base and applicable law.
- WHILE UK SA TAX RETURN TAKES REASONABLE PHYSICAL, TECHNICAL AND ADMINISTRATIVE MEASURES TO SECURE THE SERVICE, UK SA TAX RETURN DOES NOT GUARANTEE THAT THE SERVICE CANNOT BE COMPROMISED. CUSTOMER UNDERSTANDS THAT THE SERVICE MAY NOT BE ERROR FREE, AND USE MAY BE INTERRUPTED.
- Definition of Confidential Information: Confidential Information means all non-public information disclosed by a party (Discloser) to the other party (Recipient), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure (Confidential Information). UK SA Tax Return’ Confidential Information includes without limitation the Service (including without limitation the Service user interface design and layout, and pricing information).
- Protection of Confidential Information: The Recipient must use the same degree of care that it uses to protect the confidentiality of its own confidential information (but in no event less than reasonable care) not to disclose or use any Confidential Information of the Discloser for any purpose outside the scope of this agreement. The Recipient must make commercially reasonable efforts to limit access to Confidential Information of Discloser to those of its employees and contractors who need such access for purposes consistent with this agreement and who have signed confidentiality agreements with Recipient no less restrictive than the confidentiality terms of this agreement.
- Exclusions: Confidential Information excludes information that: (i) is or becomes generally known to the public without breach of any obligation owed to Discloser, (ii) was known to the Recipient prior to its disclosure by the Discloser without breach of any obligation owed to the Discloser, (iii) is received from a third party without breach of any obligation owed to Discloser, or (iv) was independently developed by the Recipient without use or access to the Confidential Information. The Recipient may disclose Confidential Information to the extent required by law or court order, but will provide Discloser with advance notice to seek a protective order.
- Reservation of Rights: The software, workflow processes, user interface, designs, know-how, and other technologies provided by UK SA Tax Return as part of the Service are the proprietary property of UK SA Tax Return and its licensors, and all right, title and interest in and to such items, including all associated intellectual property rights, remain only with UK SA Tax Return. Customer may not remove or modify any proprietary marking or restrictive legends in the Service. UK SA Tax Return reserves all rights unless expressly granted in this agreement.
- Restrictions: Customer may not (i) sell, resell, rent or lease the Service or use it in a service provider capacity; (ii) use the Service to store or transmit infringing, unsolicited marketing emails, libellous, or otherwise objectionable, unlawful or tortious material, or to store or transmit material in violation of third-party rights; (iii) interfere with or disrupt the integrity or performance of the Service; (iv) attempt to gain unauthorized access to the Service or their related systems or networks; (v) reverse engineer the Service; or (vi) access the Service to build a competitive service or product, or copy any feature, function or graphic for competitive purposes.
- Aggregate Data: During and after the term of this agreement, UK SA Tax Return may use non-personally identifiable Customer Data within the Service for purposes of enhancing the Service, aggregated statistical analysis, technical support and other business purposes.
Term and termination
- Term: This agreement continues to be in effect until terminated
- Termination by Customer: Customer may terminate the agreement by giving written 30-day notice to UK SA Tax Return at firstname.lastname@example.org.
- Termination by UK SA Tax Return: UK SA Tax Return may terminate the agreement by giving written 30-day notice to Customer.
- Mutual Termination for Material Breach: If either party is in material breach of this agreement, the other party may terminate this agreement at the end of a written 30-day notice/cure period, if the breach has not been cured.
- Suspension of violation of the agreement: UK SA Tax Return may temporarily suspend or terminate, or both if customer violates any terms of the service.
- Maintenance of Customer Data: Within 90-days after termination, Customer Data will be available for customer upon written request.
- After such 90-day period, UK SA Tax Return has no obligation to maintain the Customer Data and may destroy it.
- Return UK SA Tax Return Property Upon Termination: Upon termination of this agreement for any reason, Customer must pay UK SA Tax Return for any unpaid amounts and destroy or return all property of UK SA Tax Return. Upon UK SA Tax Return’ request, Customer will confirm in writing its compliance with this destruction or return requirement.
- Suspension for Violations of Law: UK SA Tax Return may temporarily suspend the Service or remove the applicable Customer Data, or both, if it in good faith believes that, as part of using the Service, Customer has violated a law. UK SA Tax Return will attempt to contact Customer in advance.
- EXCLUSION OF INDIRECT DAMAGES: UK SA Tax Return is not liable for any indirect, special, incidental or consequential damages arising out of or related to this agreement (including, without limitation, costs of delay; loss of data, records or information; and lost profits), even if it knows of the possibility of such damage or loss.
- TOTAL LIMIT ON LIABILITY: UK SA Tax Return’ total liability arising out of or related to this agreement (whether in contract, tort or otherwise) does not exceed the amount paid by Customer within the 3-month period prior to the event that gave rise to the liability.
- INDEMNITY: If any third-party brings a claim against UK SA Tax Return, or requires UK SA Tax Return to respond to a legal process, related to Customer’s acts, omissions, data or information within the Software, Customer must defend, indemnify and hold UK SA Tax Return harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim or request.
- GOVERNING LAW AND FORUM: This agreement is governed by the laws of England (without regard to conflicts of law principles) for any dispute between the parties or relating in any way to the subject matter of this agreement. Any suit or legal proceeding must be exclusively brought in courts of England and Wales and Customer submits to this personal jurisdiction and venue. Nothing in this agreement prevents either party from seeking injunctive relief in a court of competent jurisdiction. The prevailing party in any litigation is entitled to recover its attorneys’ fees and costs from the other party.
- Entire Agreement and Changes: This agreement and the order constitute the entire agreement between the parties and supersede any prior or contemporaneous negotiations or agreements, whether oral or written, related to this subject matter. Customer is not relying on any representation concerning this subject matter, oral or written, not included in this agreement. No representation, promise or inducement not included in this agreement is binding. No modification of this agreement is effective unless both parties sign it, and no waiver is effective unless the party waiving the right signs a waiver in writing.
- No Assignment: Neither party may assign or transfer this agreement or an order to a third party, except that this agreement with all orders may be assigned, without the consent of the other party, as part of a merger, or sale of substantially all the assets, of a party.
- Independent Contractors: The parties are independent contractors with respect to each other.
- Enforceability and Force Majeure: If any term of this agreement is invalid or unenforceable, the other terms remain in effect. Except for the payment of monies, neither party is liable for events beyond its reasonable control, including, without limitation force majeure events.
- Money Damages Insufficient: Any breach by a party of this agreement or violation of the other party’s intellectual property rights could cause irreparable injury or harm to the other party. The other party may seek a court order to stop any breach or avoid any future breach.
- No Additional Terms: UK SA Tax Return rejects additional or conflicting terms of any Customer form-purchasing document.
- Order of Precedence: If there is an inconsistency between this agreement and an order, the order prevails.
- Survival of Terms: Any terms that by their nature survive termination of this agreement for a party to assert its rights and receive the protections of this agreement, will survive. The UN Convention on Contracts for the International Sale of Goods does not apply.
- Feedback: By submitting ideas, suggestions or feedback to UK SA Tax Return regarding the Service, Customer agrees that such items submitted do not contain confidential or proprietary information; and Customer hereby grants UK SA Tax Return an irrevocable, unlimited, royalty-free and fully-paid perpetual license to use such items for any business purpose.
- UPDATES: We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here and by email.
- CONTACT: Feel like getting in touch? Email us directly at email@example.com
Refund & Cancellation
The purpose of this policy document is to provide easy access to users of our website to our terms and conditions relating to Refund & Cancellation.
Information about us
- sataxreturn.uk and client.sataxreturn.uk is a website operated by Smart Accounting & Business Services LTD and Smart Accounting & Finance Services LTD (“Smart Acc”).
- “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977.
- “General Terms and Conditions” means these Terms and Conditions.
- “Specific Terms and Conditions” means the Specific Terms and Conditions tailored to cover any product or service that you may purchase from Smart Acc through the Website, and which take priority over these General Terms and Conditions to the extent of any conflict between them.
- “Web site” “Website” or “Site” means the web site you were browsing when you clicked on a link to these General and Special Terms and Conditions, including all subsidiary pages.
- “Smart Acc”, “we”, “us”, “our” or “ourselves” means Smart Accounting & Business Services LTD and Smart Accounting & Finance Services LTD.
Refund & Cancellation
General Terms & Conditions
- If a Force Majeure event to which this clause applies does occur, we agree to notify you as soon as practicable. If the Force Majeure event continues for more than 14 calendar days, either party shall have the right to cancel the agreement. Where services have been paid for in advance but have not been rendered, you will be entitled to a full refund from the date of cancellation for all such services.
- As a consumer, you have the right to cancel a contract for the provision of goods or services at any time before 5 calendar days have passed from the day after the contract was made. Any such cancellations must be provided to us in writing. If we have already started fulfilling our side of the contract, before you exercise your right to cancel, the right to cancel is lost.
Price of goods and services.
- We reserve the right to update the prices on the Website and to update, amend, or withdraw the products and services that we offer without prior notice or explanation. Every effort is made to ensure that all prices are correct; however, in the event of serious error, any transaction shall be voided by us, entitling you to a full refund.
Continuous payment authority
- Renewable services – fees due will be processed on the card originally used to purchase the service (or an alternative, if supplied) on the date of expiry. Notice will always be given in advance of the expiry date of our intention to take payment, and you will have the right to cancel the service.
In the event you make a purchase of a product or service but change your mind – provided we have not already started working on providing the product or service, you will be entitled to a refund of all monies paid to us, provided the notice to cancel is given within 5 calendar days of the purchase date. A refund will not be given for cancellation requests after 5 calendar days from the date of purchase or where we have started working on providing the product or service.
Refunds covering inactive services: The customer agrees that where a service has been purchased and no further action has been taken by the customer for 12 months, the service will be treated as dormant or inactive. Smart Acc reserves the right to reduce or extend the inactivity period at any point. An incomplete service in this agreement is defined by:
- A tax return which has no submission receipt uploaded to the SA TaxReturn Profile profile
- A tax advice consultation without an accountant’s corresponding consultation summary uploaded to the SA TaxReturn Profile profile
- A UTR registration that does not have a UTR registration receipt uploaded to the SA TaxReturn Profile profile
- Bundled services – comprised of either (1) or (2) or both
In cases of inactive and incomplete services, the customer agrees to waive their rights to a refund and instead agrees that in lieu of a refund they’ll be credited with a discount equal to the cost of the purchased service at the time of the customer’s purchase. SA TaxReturn Profile will seek to notify the customer by email prior to this occurrence.
Contact us for questions related to refunds and cancellations.