TERMS AND CONDITIONS OF 121 COMPANY FORMATION

There are several ways that directors can be paid by a limited company, for example by salaries and, if they are also a shareholder, through dividends. It is therefore important to ensure that how a director is paid is in the most tax effective way.

www.121companyformation.co.uk is operated by 121 Company Formation, which is the trading name of 121 Company Formation Limited, a company registered in England, company number 07585793, whose registered office is 3rd Floor, 207 Regent Street, London W1B 3HH.
Our', 'we' and 'us' refers to 121 Company Formation
'Our site' refers to means our website/s
'You' and 'your' refers to any business you are associated with or whose on behalf you use our site
'Services' refers to the company formation service and other associated services that we offer on our website offered and, where applicable, refers to all goods supplied by us
'Terms and conditions' refers to the general and specific terms and conditions of the business and Privacy Policy together with any other terms and conditions that may be posted on our website at any time.
‘Website’, ‘web site’ or ‘site’ refers to the that which was being browsed when the link to both the General and Specific Terms and Conditions was selected and this also includes any additional terms and conditions

a) Users of this website are deemed to have read and understood and confirmed agreement with these Terms and Conditions. If a user does not agree with the Terms and Conditions or clause therein and does not undertake to be bound by those terms then they must immediately stop using the website.

b) Users acknowledge that in using this website that they warrant that they have the legal capacity to accept these Terms and Conditions together with any further or specific terms and conditions that we may introduce which will be brought to your attention prior to the user purchasing any services or products.

c) On the first time of using the website to request information about or to purchase a service or product, users will select an individual name together with a chosen password which will allow them to subsequently access their online account at any time in the future. Users are responsible for maintaining the confidentiality of their username and password and should not reveal the details of this to any other person. 121 Company Formation will not be held responsible for any changes to a user’s account that result from the unauthorised use of a username or password. In accepting these Terms and Conditions, the user agrees to indemnify and hold harmless 121 Company formation in relation to any loss or damage that may rise from a breach of this clause.

d) Every time a user accesses this website and/or uses our services, it is agreed that a contract is formed on the basis of these Terms and Conditions which will apply to each contract that a user makes with us and no other terms and conditions will apply.

Our website may contain hyperlinks, applications and plug-ins that relate to third-party links. Neither these nor their privacy policies are controlled by 121 Company Formation and by choosing to click on any such links you may be permitting third parties to share or collect personal data relating to yourself. We would advise the user of any website to view the privacy policy of that site to verify that the terms and conditions contained therein are acceptable to you as a user. Visitors to our website should be aware that, however brief the visit, information may be collected from it. Our use of your personal data is governed by the Data Protection Act 1998 and, in accordance with the act, we are obliged to provide any data we hold about you upon receipt of a request from you for this data. We are permitted to apply a nominal charge before processing any such request.

121 Company Formation does not store nor share any personal or financial information with any third parties as to do so would be against our company policy.
Cookies, which are small date files that are stored on a user’s computer, enable 121 Company Formation to tailor a user’s experience when using this website and the user is deemed to consent to use of this when using the website. Cookies may be turned off by a user via the facility with their web browser. Cookies may store details of usernames and passwords.
121 Company Formation will not be held responsible for a breach of these Terms and Conditions or failure to provide or a delay in providing the services and products offered through this website due to an event or circumstances that are beyond our reasonable control including, but not limited to, fire, accident or explosion or a breakdown in access to networks or systems. In these circumstances we will be entitled to a reasonable extension to the time in which we fulfil our obligations to the user should an event that is deemed force majeure occur.

As soon as we become aware that any incident deemed to be classed as force majeure occurs in conjunction with these terms and conditions, we will inform you of this as soon as possible. Should the force majeure incident continue for a period exceeding 14 days, then either party holds the right to revoke the contract made between them. In such circumstances you will be granted full reimbursement for all goods, services or products that have been paid for but remain undelivered.
The copyright of all material and content on this website, including but not limited to its design, graphic and texts, remains with 121 Company Formation or other third parties as applicable. Company names and registered and unregistered trademarks remain the property of their owners. Users are permitted to electronically download or copy and print on paper only the content of this website that relates to their purchase of services and products through this website. Any other use of such content with our prior written permission is strictly prohibited and in breach of the relevant laws pertaining to copyright and IP.

Users are permitted to view and temporarily store in the temporary cache of their browser, content from this website’s pages and may also print a single copy of this content for their own use and reference and to review offline.

A user may not sell any content relating to any service or product purchased from this website unless permission is expressly given or if doing so is an attribute of the purchased service or product.
No warranties or representations whatsoever are made regarding the appropriateness, completeness or accuracy of any content or information published on this website. Whilst certain precautions have been taken to decrease the risk of viruses or similar malicious codes being transmitted via this website, we offer no assurance that these are sufficient to prevent any damage as a result.

The information and content contained within this website may contain typographical errors or technical inconsistencies and as such represents a general outline of our services. As a user, your statutory rights regarding implied terms as to the quality, alignment to description or sample and fitness for purpose of a service or product are not affected

Other than any claims which relate to personal injury or death which result from negligence or fraud or as otherwise provided for in law, the liability for any damages or loss will be limited to the value of supplying the service or product to the user again on a replacement basis.

In accepting these Terms and conditions, users agree that this limit to liability is reasonable in relation to the content of this website and the nature of the business it represents and that each purchase of a service or product is made, a new contract is entered into.

Each of the above provisions shall be deemed to be separate and severable provisions with these Terms and conditions
All contracts and relationships between users of this website and 121 Company Formation will be subject to the English courts having exclusive jurisdiction over any dispute which arises from the use of this website or any services or products purchased through it.

If any aspect or clause of these Terms and Conditions is deemed to be invalid, unlawful or non-enforceable, then that particular provision will be deemed to have been severed from the remaining Terms and Conditions which will remain valid and enforceable.

Only the user who is a direct party to any contract or agreement that is covered by these Terms and Conditions has the right to enforce any such term or condition under the Contracts (Rights of Third Parties) Act 1999

A user has the right to cancel a contract relating to the provision of services and products providing the request to do this is made in writing before 7 days have elapsed since the date of purchase or the day on which the contract was entered into. If work has already begun on the provision of the service or product, however, the right to cancel no longer applies.
Any notice that is required to be given under either the General or Specific Terms and Conditions of this website must be delivered either personally, mailed by first class post or a prepaid airmail service, sent by fax or submitted by electronic email. Whichever method of delivery is used, notice will have been deemed to have been given on receipt of this by 121 Company Formation.
It is inevitable that occasionally matters do not go to plan and we acknowledge that there may be instances when things do go wrong in which case we will make every effort to ensure that our fully trained staff will make every effort to resolve a subsequent complaint. Users should request help, further support or make a complaint by emailing [email protected]
Should we make a waiver, either explicit or implicit, in the implementation of any rights, this will not bias the right to implement any such rights at a subsequent time.
If any clause contained within these Terms and Conditions is deemed to be invalid, unlawful or non-enforceable, then that particular clause will be deemed to have been severed from the remaining Terms and Conditions which will remain valid and enforceable.

Should any disagreement arise between these Terms and Condition and any Specific Terms and Conditions in relation to the purchase of services and products then the Specific Terms and Conditions will apply.

Specific Terms and Conditions 121companyformation.co.uk

Any transaction undertaken with 121 Company formation through this website is subject to the specific terms and Conditions as given below which should be read in conjunction with the General Terms and conditions as defined above.

www.121companyformation.co.uk is operated by 121 Company Formation, which is the trading name of 121 Company Formation Limited, a company registered in England, company number 07585793, whose registered office is 3rd Floor, 207 Regent Street, London W1B 3HH.

When users purchase the company formation service, they grant 121 Company formation the right to file the application at Companies House on their behalf as an authorised person

Special Limitation of Liability

a) No liability is accepted for any errors or omissions contained within the company formation information submitted by a user via this website nor for any subsequent rejection of the application for registration by Companies House.

b) Should a company formation application be rejected by Companies House, the user will not be entitled to a refund for the services provided by 121 Company Formation.

c) No liability is accepted in the circumstances where a user’s company is either struck off or removed from Companies House Register for any reasons beyond our control or as a result of the user cancelling our services or upon the expiration of a service that results in the company failing to meet its statutory requirements.

d) It is the responsibility of the user to ensure that the company name that is chosen is available for use and can be legally used. No liability is assumed for a user’s choice of a company name or any problems which may arise from this choice.

a) It is a requirement of UK law that in order to register a limited company or limited company partnership and to serve as a director, company secretary or member, you must be over the age of 16.

b) Those who have been declared bankrupt or are in the process of facing bankruptcy proceedings are prohibited from registering a limited company or acting as a director or company secretary. Undischarged bankrupts are only permitted to hold shares in a company limited by shares.

c) Anybody named on the Disqualified Directors Register at Companies House is not permitted to register a new limited company or LLP nor are they permitted to act as a company director or company secretary but they are permitted to hold shares in a company limited by shares.

d) No responsibility or liability is accepted for any issues that may occur as a result of an employee of a limited company failing to meet the statutory or legal requirements of a company formation.

As an online company formation service, 121 Company Formation uses the electronic filing facility offered by Companies House.

The process of incorporation will generally take between 3 to 24 hours (9 am to 5 pm weekdays) although this timescale may be exceeded depending on the workload at Companies House over which we have no control.

We can offer no guarantee that the application to register a new limited company or LLP will be accepted and approved on the same working day but if this is required the users can purchase the Guaranteed Same Day Service which is offered as one of our additional services.

If any errors or omissions occur in the information you send us we will not be able to submit the application to Companies’ House until such time as these have been rectified. In these circumstances we will make every effort to contact you but if we fail to do within 14 days of your original purchase of the company formation service, we reserve the right to cancel the application.
The price for each service and product is detailed on this website and we reserve the right to alter any price at any time providing this is updated on our website.

The fees that are charged by Companies House are included in our prices and are those that are in force at the time of purchase although these may also vary from time to time and will be advised.

Payment may be made by credit card, debit car, PayPal or bank transfer. Any other form of payment will require prior agreement with 121 Company Formation.

On choosing to click the ‘Buy now’, ‘Order’ and ‘Proceed’ buttons on this website you are indicating agreement to pay the prices as detailed on this website.

All limited companies and limited liability partnerships remain the property of 121 Company Formation until full payment has been received
By accepting these Terms and Conditions you are giving 121 Company Formation the permission to carry out online ID verification checks via a 3rd party organisation to confirm your identity and residential address. This online check may be recorded and retained on your personal credit file.

If we are not able to successfully verify your identity and residential address via our initial verification process, we will require you to provide certified copies of your proof of identity and residential address in order to satisfy UK Anti-Money Laundering regulations. Failure to comply with a request for additional documentation will result in the cancellation of our services to you. We also reserve the right to impose an administration fee should we have to spend time chasing the provision of this information.

As a Company Formation Provider, we are legally obliged to carry out due diligence checks on our clients and company officers and members (Directors, Company Secretary, Person with Significant Control, Shareholders) when appropriate to do so, and where services are provided on an ongoing basis. Should any of our checks result in the discovery of illegal or unethical activities, we reserve the right to terminate services without notice and without refund. Furthermore, we may have to report these findings to the relevant authorities by way of a Suspicious Activity Report.

We also have an obligation to satisfy 'Know Your Customer' (KYC) obligations. To this end, you will be asked to complete a short questionnaire on the business activities of your company and the reason for your business relationship with 121 Company Formation.

a) Purchasing our trade mail forwarding address service will enable you to use our address as the address to which all non-statutory business and general mail will be delivered. This service does not include the use of our address as your company’s trading address or principal place of business when registering for any HMRC matters. No such mail will be accepted or forwarded by 121 Company Formation if this service has not been purchased.

b) If you purchase either the registered office address service or the service address service from 121 Company Formation without registering for an account, then it is your responsibility to notify Companies House of any such changes so that the details held on the public register are correct.

c) Renewal payments for all 121 Company Formation address services must be paid promptly, either before or on the renewal date. In the case of the registered office address service and the service address service, failure to pay the renewal fees in due time or to provide any ID requested at the time of renewal, will lead to the address reverting to the residential address given to 121 Company formation at the time of the original purchase. If, at the time failing to renew an address service, you are not a UK resident and do not have access to an address within the UK, 121 Company Formation will apply to Companies House for our address to be removed from the public register as being either your company’s registered office address or service address.

d) We retain the right to revoke the use of our address in connection with your company should we consider that you have tarnished our reputation or have caused or are a substantial threat to our company. In these circumstances, 121 Company Formation will apply to Companies House for our address to be removed from the public register as being either your company’s registered office address or service address and your own residential address or an address provided by you at the time of purchase of the service/s will be substituted on the records held at Companies House.

e) Each of the 121 Company Formation address services applies to one company. Should any address service be required for more than one company, the appropriate fee is payable for each service for each company.

f) In the event that any mail we send from our office to a customer’s forwarding address is returned, we will take certain steps to ensure the customer receives this mail. We will, in the first instance, contact the customer to verify the forwarding address details and we will offer to open and scan the mail by email to the customer. Should the customer prefer for the mail to be re-sent by mail, a fee equivalent to the postal rate payable plus a 15% handling charge will be payable. If it should be the case that the non-delivery to the forwarding address was as a result of an error on our part, then the mail will be posted to the verified forwarding address at no charge.

g) Any mail addressed to customers using our trade mail forwarding service which is larger than A4, contains an item of value, a bank card or a cheque or similar items that cannot be scanned, will be forward by post and a fee equivalent to the postal rate payable plus a 15% handling charge will be payable.

h) If a customer requests that mail is forward by a courier, payment for this must be made in advance. We will raise an invoice for a fee equivalent to the courier’s charge plus a 15% handling charge for which payment will be taken from the payment card registered on our system by the customer. By accepting these Terms and Conditions, the customer grants permission for 121 Company Formation to raise payment for the invoice using this payment card. However, should the cost of forwarding any item by courier by high or appear excessive, we will contact the customer to seek prior approval.

i) Similarly, if a customer requires mail to forwarded using any of the Royal Mail services available, i.e. Special Delivery, Guaranteed, International Tracked, then we will raise an invoice for a fee equivalent to the postage charge plus a 15% handling charge for which payment will be taken from the payment card registered on our system by the customer. By accepting these Terms and Conditions, the customer grants permission for 121 Company Formation to raise payment for the invoice using this payment card.

j) If we are unable to forward an item of mail for delivery for any reason or if we are unable to secure advance payment for additional courier/postal charges the customer will be contacted for further instructions. If no instructions or response are received within 30 days, then 121 Company Formation reserves the right to either dispose of the item or return it to the original sender.

The telephone numbers used for the business telephone service and call answering service are not owned by 121 Company Formation. Should a customer wish to continue to use a business telephone number after the use of our service has expired, then contact should be made with the relevant telecoms provider to arrange for the telephone number to be transferred.

a) When you use our services to form a company, we will automatically offer you the option of a fast-track referral service for banking facilities. However, the availability of banking services cannot be guaranteed and are subject to the eligibility checks that are undertaken by the bank applied to. This is a free referral service so no fee is charged and therefore no fee is refundable.

b) The bank account referral service is not available for customers who are not resident in the UK.

c) If you do choose to use our bank account referral service, you automatically agree to your details being provided to the bank by us on your behalf and to subsequently being contacted by that bank in order to proceed with your bank account application request.

d) If you are using our company formation services for a third party and wish to also use our bank account referral service for that third party, then by accepting these Terms and Conditions you confirm that the third party agrees to you submitting their details for the purpose of opening a bank account and to subsequently being contacted by the bank to further their bank account application request.

e) Any business bank account offered by a bank and subsequently opened are subject to that bank’s terms and conditions which are in force at the time of opening the bank account.

a) Company formation service

Should you purchase one of our company formation packages and subsequently change your mind prior to the submission of the application to Companies House, you will be entitled to a refund of any fees paid to us providing notice to cancel is received within 14 days of the date of purchase. An administration charge may be applied to any cancellation/refund requests that are made after we have begun to process your application

After this 14 day period has elapsed, no cancellation/refund requests will be considered.

No refunds will be made for a company formation package once the application has been submitted to Companies House or for any application that is rejected by Companies House

b) Address services

If your order has not yet been processed and the address service(s) set up, then you will be entitled to a refund of any fees paid to us providing notice to cancel is received within 14 days of the date of purchase. After this 14 day period has elapsed, no cancellation/refund requests will be considered.

In the event that your order has already been processed and your address service(s) have been set up, then providing notice to cancel is received within 14 days of the date of purchase, you shall be entitled to a refund of any fees paid to us less a £30.00 administrative fee per address service. After this 14 day period has elapsed, no cancellation/refund requests will be considered.

If a notice to cancel and refund request is received within 14 days of the date of purchase of an address service but your company has used this address for more than 14 days after the purchase date, no refund will be due since it will be deemed that you have made use of the address service.

Address service(s) may be cancelled by either party upon the giving of one full calendar month’s notice.

c) Additional services and products

Should you purchases one of our additional services or products then the following terms and conditions regarding refunds and cancellations apply should you subsequently change your mind:

If your order has not yet been processed and we have not begun work on providing the additional services or products, then you will be entitled to a refund of any fees paid to us providing notice to cancel is received within 14 days of the date of purchase date. No cancellation/refund requests will be considered if the cancellation request is made after this 14 day period has elapsed or if we have already begun to work on providing the additional services or products.
Should we have to cancel any additional service or product purchased by you due to the failure on your part to provide any documentation requested, such as proof of ID or address, then no refund will be provided since this information is required in compliance with anti-money laundering regulations and Know Your Customer requirements.

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