1.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by email, fax or other means.
2. Information About Us
2.1 CDJ Accounting Services Limited, a Private Limited Company registered in England under number 12562927; whose registered address is 1 Regal House, 33-35 Cantelupe Road, East Grinstead, West Sussex, United Kingdom, RH19 3FU
2.2 Our VAT is GB356671962
2.3 We are a firm of accountants supervised by the Institute of Certified Bookkeepers.
3.1 These Terms and Conditions govern the sale of Services by Us, where you complete and submit an application form, and will form the basis of the Contract between Us and you. Before submitting your Order, you should ensure that you have read these Terms and Conditions and the Pre-Contract Information carefully.
3.2 Nothing provided by Us – including, but not limited to, information given over the telephone, via webchat and other electronic messages, within sales and marketing literature, on the website and other information – constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our discretion, accept.
3.3 A legally binding Contract between Us and you will be created upon Our acceptance of your Order, indicated by Our Order Confirmation. Order Confirmations will be provided in writing by email.
4.1 All Orders for Services made by you will be subject to these Terms and Conditions.
4.2 To be eligible to make a claim for marriage allowance you will need to be either married or in a registered civil partnership.The eligibility criteria for making a claim can be found on the HMRC website: https://www.gov.uk/marriage-allowance
4.3 By submitting your Order you warrant that you and your spouse/partner are eligible to make a claim for marriage allowanceand that no claim for marriage allowance has already been submitted to HMRC for you or your spouse/partner for the currentor any previous tax years.
4.4 By submitting your Order you instruct Us to process the Non-taxpayer’s claim for all previous years they were eligible forthe marriage allowance since 5 April 2015. Specifically:
a)The Non-taxpayer agrees to transfer up to 10% of their personal tax free allowance to their spouse/partner.
b)The Taxpayer agrees to assign Us to receive funds from HMRC on their behalf. Any funds received by Us from HMRC as aresult of HMRC’s review of the Taxpayer’s account will be deposited into our segregated client bank account (which is non-interest bearing).
c)HMRC may carry out a 360-degree review of the Taxpayer’s account. If a monetary credit or Settlement is paid to Us(whether in relation to marriage allowance or not) this will be deposited into our segregated client bank account.
4.5 By submitting your Order you warrant that you have obtained the express consent of the Non-taxpayer to use the Service.You agree to indemnify Us and hold Us harmless for any actions, claims, demands, costs (including reasonable legal costs),expenses, losses, damages or liabilities of any kind that We incur as a result of or in connection with your failure to obtain suchconsent.
4.6 By submitting your Order you warrant that you have obtained the express consent of the Taxpayer to use the Service. Youagree to indemnify Us and hold Us harmless for any actions, claims, demands, costs (including reasonable legal costs),expenses, losses, damages or liabilities of any kind that We incur as a result of or in connection with your failure to obtain suchconsent.
4.7 You may change your Order at any time before We begin providing the Services by contacting Us. Requests to changeOrders do not need to be made in writing.
4.8 If you change your Order, We will inform you of any change to the Fee when you contact Us, and will confirm the change inwriting.
4.9 If you change your mind, you may cancel your Order at any time within 14 days of Us accepting your Order by contactingUs. Please refer to Clauses 10 and 11 for details of your cancellation rights.
4.10 We may cancel your Order at any time before We begin providing the Services in the following circumstances:
4.10.1 The required personnel and/or required materials necessary for the provision of the Services are not available; or
4.10.2 An event outside of Our control continues for more than 5 Business Days (please see Clause 9 for events outside of Our control).
5. Fee and Payment
5.1 The Fee of the Services will be 35% + VAT of any Settlement handled as part of the Services.
5.2 VAT will be added at the rate of VAT relevant on the date of invoicing.
5.3 The preferred method is for the Settlement to be paid to Us. If the Settlement is paid to Us, We will then deduct the Fee and remit the balance into a bank account that you and the Taxpayer jointly specify. We may ask you for proof of identity and home address for anti-money laundering purposes. For this purpose, we may also undertake a credit reference search. In order for us to use this service, the details you supply to us may be checked against other databases (public or otherwise). Your details me also be used in the future to assist other companies for verification purposes. A record of the search may be retained. This will not adversely affect your credit rating.
5.4 If the Settlement is paid to you or the Taxpayer, We will invoice you for the Fee and you will pay it by return.
5.5 If you or the Taxpayer have outstanding liabilities with HMRC and HMRC off-sets these liabilities against the Settlement and the amount paid to Us does not cover the Fee, We will invoice you for the balance and you will pay it by return.
5.6 Under certain circumstances the Settlement may be off-set by other outstanding debts of yours or the Taxpayer’s. Under these circumstances if the amount paid to Us does not cover the Fee, We will invoice you for the balance and you will pay it by return. Example circumstances include, but are not limited to, you or the Taxpayer:
5.6.1 having been declared bankrupt;
5.6.2 being subject to a bankruptcy petition;
5.6.3 being subject to an individual voluntary arrangement;
5.6.4 having proposed an individual voluntary arrangement which is yet to be approved or rejected by creditors;
5.6.5 being subject to a debt relief order; or
5.6.6 having any other similar process or arrangement to those listed in 5.6.1 to 5.6.5 including but not limited to sequestration.
5.7 If you do not make any payment to Us by the due date as shown in/on Our invoice, We may charge you interest on the overdue sum at the rate of 4% per annum above the Bank of England base rate. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment. You must pay any interest due when paying an overdue sum.
5.8 The provisions of sub-Clause 5.7 will not apply if you have promptly contacted Us to dispute an invoice in good faith. No interest will accrue while such a dispute is ongoing.
6.Providing the Services
6.1 As required by law, We will provide the Services with reasonable skill and care, consistent with best practices and standardsin the claim management sector, and in accordance with any information provided by Us about the Services and about Us. Wewill begin providing the Services immediately upon Our Order Confirmation. Please see Clause 10 for your statutorycancellation rights.
6.2 To provide the Services, We will ask you for relevant information for your claim and then ascertain the basis and merits ofyour claim. By submitting your Order, you agree that We check the relevant information for your claim.
6.3 Subsequently, We will confirm the details you have provided via email. Failure to reply to this email within 7 Calendar Daysshall constitute acceptance by you of the details. Your acceptance does not need to be made in writing.
6.4 If We conclude that you have a claim, We will file a marriage allowance claim with HMRC using their paper applicationprocedures. We will file an appeal via HMRC’s internal appeals process or to a tax tribunal, if We feel that doing so is in yourbest interests. By submitting your Order, you agree that We may represent you as described in this Clause 6.4 on any claimarising as part of the Services.
6.5 We will file a marriage allowance claim with HMRC on your behalf within 30 days of your acceptance.
6.6 If We conclude that you may have additional claims (Additional Claims) against HMRC, We will seek your approval via emailto expand the claim We have or are filing. Failure to reply to this email within 14 Calendar Days shall constitute rejection by youof the Additional Claims. Your acceptance of the Additional Claims does need to be made in writing.
6.7 We may negotiate with HMRC on your behalf to get the best Settlement available. We will inform you once a Settlement isoffered.
6.8 HMRC may make enquiries into your claim or make contact after your claim is settled and We may not be a party to these
communications. If you wish Us to respond or deal with such enquiries (whether received by us or not), you must notify Us.Such notification shall constitute a change of Order as defined in Clause 4.6, and our acceptance of such change shall be subjectto Clause 4.7.
6.9 While We are providing the Services We will inform you periodically but no less frequently than every six months of thethen current status of any claim arising as part of the Services.
6.10 We will make every reasonable effort to provide the Services in a timely manner and to complete them on time. Wecannot, however, be held responsible for any delays if an event outside of Our reasonable control occurs. Please see Clause 9for events outside of Our control.
6.11 If We require any information from you in order to provide the Services, We will inform you of this as soon as is reasonablypossible.
6.12 If the information you provide under sub-Clause 6.11 is delayed, incomplete or otherwise incorrect, We will not beresponsible for any delay caused as a result.
6.13 In certain circumstances, for example where there is a delay in you sending Us information required under sub-Clause 6.11, We may suspend the Services (and will inform you of that suspension in writing by email). 6.14 In certain circumstances, for example where We believe that the likelihood of being offered a Settlement no longer justifies further effort, We may suspend the Services (and will inform you of that suspension in writing by email). 6.15 If the Services are suspended under sub-Clause 6.13 or 6.14, you will not be required to pay for them during the period of suspension. You must, however, pay any invoices that you have already received from Us by their due date(s). 6.16 For the avoidance of doubt, We do not provide advice on finances, accounts, taxation or legal implications nor are We acting as an HMRC tax agent for the provision of the Services.
7.Problems with the Services and Your Legal Rights
7.1 We always use reasonable endeavours to ensure that Our Services are trouble-free. If, however, there is a problem with theServices We request that you inform Us as soon as is reasonable possible via email@example.com
7.2 We will use reasonable efforts to remedy problems with the Services as quickly as is reasonable possible and practical.
7.3 As a consumer, you have certain legal rights with respect to the purchase of services. For full details of your legal rights andguidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office.If We do not perform the Services with reasonable skill and care, you have the right to request repeat performance or, if that isnot possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price. If theServices are not performed in line with information that We have provided about them, you also have the right to requestrepeat performance or, if that is not possible or done within a reasonable time without inconvenience to you (or if Our breachconcerns information about Us that does not relate to the performance of the Services), you have the right to a reduction inprice. If for any reason We are required to repeat the Services in accordance with your legal rights, We will not charge you forthe same and We will bear any and all costs of such repeat performance. In cases where a price reduction applies, this may beany sum up to the full price and, where you have already made payment(s) to Us, may result in a full or partial refund. Any suchrefunds will be issued without undue delay (and in any event within 14 Calendar Days starting on the date on which We agreethat you are entitled to the refund) and made via the same payment method originally used by you unless you request analternative method. In addition to your legal rights relating directly to the Services, You also have remedies if We use materialsthat are faulty or incorrectly described.
8.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms andConditions or as a result of Our negligence (including that of Our employees, agents or sub-contractors). Loss or damage isforeseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by you and Us when theContract is created. We will not be responsible for any loss or damage that is not foreseeable.
8.2 We provide Services for domestic and private use (or purposes). We make no warranty or representation that the Servicesare fit for commercial, business or industrial purposes of any kind (including resale). We will not be liable to you for any loss ofprofit, loss of business, interruption to business or for any loss of business opportunity.
8.3 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for failing to perform the Services withreasonable care and skill or in accordance with information provided by Us about the Services or about Us.
8.4 Nothing in these Terms and Conditions seeks to exclude or limit your legal rights as a consumer. For more details of Yourlegal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office
9.Events Outside of Our Control (Force Majeure)
9.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any causethat is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service providerfailure, strikes, lockouts or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms,earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual orpreparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
9.2 If any event described under this Clause 9 occurs that is likely to adversely affect Our performance of any of Our obligationsunder these Terms and Conditions or the Contract:
9.2.1 We will inform you as soon as is reasonably possible;
9.2.2 Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be
9.2.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;
9.2.4 If the event outside of Our control continues for more than three Months We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible;
9.2.5 If an event outside of Our control occurs and you wish to cancel the Contract, you may do so. Any refunds due to you as a
result of such cancellation will be paid to you as soon as is reasonably possible.
10.Your Statutory Right to Cancel
10.1 As a consumer in the European Union you have a statutory right to cancel your Contract with Us up to 14 Calendar Daysafter the Contract between you and Us is formed (as explained in sub-Clause 3.3). You may cancel your Contract with Us for anyreason under this right.
10.2 If you wish to exercise your right to cancel under this Clause 10, you must inform Us of your decision. You may do so in anyway that is convenient for you. Please ensure that you inform Us of your decision to cancel before the period in sub-Clause 10.1expires (note that the cancellation period is defined as whole Calendar Days. If, for example, you send Us an email or a letter by23:59 on the final day of the cancellation period, your cancellation will be valid and accepted). If you wish to cancel under thisClause 10, please contact Us:
10.2.1 By telephone on 0333 0117688;
10.2.2 By email on firstname.lastname@example.org
10.2.3 By post at 1 Regal House, 33-35 Cantelupe Road, East Grinstead, West Sussex, United Kingdom, RH19 3FU
10.3 We may ask you why you have chosen to cancel and may use any answers you provide to improve Our services, howeveryou are under no obligation to provide any details if you do not wish to.
10.4 Refunds under this Clause 10 will be issued to you no later than 14 Calendar Days after the date on which you inform Usthat you wish to cancel.
10.5 Refunds under this Clause 10 will be made using the same payment method you used when ordering the Services unlessyou specifically request that We make a refund using a different method.
11.Cancellation After the Statutory Cancellation Period
11.1 You may cancel your Contract with Us after 14 Calendar Days after the Contract between you and Us is formed.
11.1.1 Prior to your application being queued for an HMRC Officer, Cancellation of Service shall attract a charge of £50.
11.1.2 After your application has been queued for an HMRC Officer, the full Fee specified in Clause 5 shall be payable; however,
any “No Win, No Fee” guarantee made by Us shall still apply.
11.1.3 For the avoidance of doubt, as per sub-Clause 6.5 you will be notified in writing by email when your application isqueued for an HMRC Officer.
11.2 If you wish to exercise your right to cancel under this Clause 11, you must inform Us of your decision to do so. You may doso in any way that is convenient for you. If you wish to exercise your right to cancel under this Clause 11, please contact Us:
11.2.1 By telephone on 0333 0117688
11.2.2 By email on email@example.com ; or
11.2.3 By post at 1 Regals House, 33-35 Cantelupe Road, East Grinstead, West Sussex, United Kingdom, RH19 3FU
11.3 We may ask you why you have chosen to cancel and may use any answers you provide to improve Our services, howeveryou are under no obligation to provide any details if you do not wish to.
11.4 Eligibility for refunds may vary according to the Services ordered. In some cases you may be required to make a furtherpayment on cancellation.
11.5 Refunds under this Clause 11 will be issued to you no later than 14 Calendar Days after the date on which you inform Usthat you wish to cancel.
11.6 Refunds under this Clause 11 will be made using the same payment method you used when ordering the Services unlessyou specifically request that We make a refund using a different method.
11.7 If payment is due to Us under this Clause 11, We will invoice you for the amount and you will pay it by return.