| Terms and Conditions of Business |
1. Definitions
'our', 'we' and 'us' means Omega Group and, where applicable, its officers, employees and authorised agents;
'our site' means our website or websites;
'you' and 'your' include any business with which you are associated and on behalf of which you use our site;
'services' means the company formation service and other ancillary services offered on our site and where relevant includes any goods supplied by us; and
'terms and conditions' includes these terms and
conditions of business our Privacy Policy and all other instructions to
you posted on our site.
2. Terms and Conditions
2.1 When requesting services from our site you agree to comply with the on-line ordering procedure as prompted on our site.
2.2
When requesting 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.
2.3 These terms and
conditions shall apply to all contracts you make with us. Each time you
use our services you are offering to contract with us on the basis of
these terms and conditions. All access to our site is subject to these
terms and conditions. No other terms and conditions will apply to our
supply of goods or services.
3. Your Obligations
3.1
We accept orders on the basis that the person 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.
3.2 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.
3.3 You undertake to
ensure the accuracy and completeness of the information you provide us
and accept all liability for the rejection of documents due to
inaccuracies or incompleteness.
3.4 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 name.
3.5 Once we have accepted a request for
services you may contact us via our site or at the postal address
displayed on our site to ask that your request be withdrawn.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.
4. Our Obligations
4.1
We will exercise reasonable care in compiling our site, use reasonable
efforts to make our site available to you at all times; and take the
steps set out in our Privacy Policy to endeavour to secure any personal
data or credit card information you give us.
4.2 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 e-mail. Our
acceptance of instructions is deemed to have occurred at the time of
our sending the e-mail and not at the time of your receipt.
4.3
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.
4.4 In the event of
Companies House rejecting an application or submission you will have
three days to re-submit the application with appropriate corrections at
no extra charge.
4.5 If you request we open a bank account for
your new company, a service from time to time offered on our site, we
will open the account in the name of your company and the first
director and secretary will be appointed signatories. When we send you
your company documents we will send a new mandate for you to replace
these first signatories. We accept no responsibility for the bank
account other than opening it in such a manner and otherwise in
accordance with the description posted on our site.
4.6 If the
services of a Nominee Director are requested, we are required by law to
request and verify certain information about you. Provision of our
Nominee Director services is conditional upon you providing this
information to us. The following documents are required:
a)
good-quality photocopy of current valid ID with your photo, date of
issue and details of issuing authority (e.g. passport, driving
license), AND
b) recent (i.e not more than 1 month old) proof of
your address (e.g. bank or major credit card statement, utility or
landline telephone bill).
If we do not receive these documents
within 14 days, we reserve the right to suspend your order. Any sums
you have paid may be forfeited.
5. Price and Payment
5.1
The prices payable for services that you order are set out on our site.
We reserve the right to vary these prices from time to time and post
such changes on our site. Fees charged by Companies House are those in
force from time to time as charged by Companies House.
5.2
Payment will be made by 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.
5.3 You agree to pay the prices set out on our website for services selected by clicking the accept button.
6. Performance
6.1
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 or for reasons outside
our control (such as the unavailability of the world wide web or for
computer systems or telecommunications failure).
6.2 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.
7. Exclusion and Limitations
7.1
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 unless you deal as a
consumer. If you do deal as a consumer these terms do not affect your
statutory rights.
7.2 Except in claims relating to death or
personal injury resulting from negligence or as otherwise prescribed by
law our liability for any loss or damage (compensatory, direct,
indirect or consequential damages, loss of data, income or profit, loss
of or damage to property and claims of third parties) arising out of
any single claim will be limited to the value of re-supplying our site
or relevant services to you.
7.3 You agree that this
limitation is reasonable having regard to the nature of our site and in
particular given that when you purchase information or services through
our site you will enter into a separate contract with us in each case.
7.4
Each of the provisions of this clause 7 shall be construed as a
separate, and severable, provision of these terms and conditions.
8. Variation
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 and
conditions. 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 will signify that you agree to be bound by the revised terms and
conditions.
9. Termination of Access
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 service to any user that is in breach of the terms and conditions.
10. Links to other sites
10.1
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.
11. Force Majeure
We
shall not be liable to you for any breach of the terms and conditions
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.
12. Privacy
You
agree that we may collect, store, and use information about you in
accordance with our Privacy Policy. You acknowledge and agree to be
bound by the terms of our Privacy Policy.
13. Ownership Rights
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 goods or services through our 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.
14. Third Party Rights
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.
15. Jurisdiction
15.1
Our relationship with you will be governed by English law and will be
subject to the exclusive jurisdiction of the English courts.