TERMS & CONDITIONS

TERMS AND CONDITIONS

These terms tell you the rules for using our website: www.winchurchservices.co.uk (the “platform”). This document is interchangeably referred to as terms and conditions or terms of use. By using our services and clicking the “I Agree” button you confirm you are of legal age of consent to use our services under the laws of your country of residence.

These are the current terms and conditions on which you will appoint us as your nominee to consider your Claim for a tax Refund (the “Refund”), and where applicable, to prepare, file and pursue such Claim on your behalf, and also on which you appoint us to act as your Tax Agent (the “Tax Agent”) on an ongoing basis by signing your authority for us to become your Tax Agent. If you use our platform/website you will be bound by the terms and conditions.

WHO WE ARE AND HOW TO CONTACT US

The platform is owned and operated by Winchurch Services Ltd (registered number 12349393) whose registered office is at Churchill House, 137-139 Brent Street, London, England, NW4 4DJ (the “Company”) (“we”, “our”, “us”).

If you have any questions or if you have any complaints, please contact us. If You wish to contact us, or if any clause in these terms requires you to give us notice in writing, you can send this to us by e-mail at [email protected] If we have to contact you or give you notice in writing, We will do so by e-mail or by post to the address you provide to us in the online application (or any other address you have notified to Us subsequently).

ABOUT US

We are an online tax Claim processing company that provides the ability for individuals (herein referred to as the “Users”) to submit personal tax information to us and allow us to process tax reclaims to HMRC as further detailed in section 7 & 15 below (collectively, the provision of the above are referred to as the “Services”).

BY USING OUR PLATFORM YOU ACCEPT THESE TERMS

By using our platform, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our platform or the services offered through our platform.

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

These terms of use refer to the following additional terms, which also apply to your use of our platform:

Our Cookie Policy, which sets out information about the cookies on our platform.
Our Privacy and Data Protection policy, which sets out information about how we use your data and our compliance with GDPR regulation.
Our Acceptable Use Policy, which sets out the acceptable usage of our platform.

WE MAY MAKE CHANGES TO THESE TERMS

We reserve the right to amend these terms from time to time. Every time you wish to use our platform, please check these terms to ensure you understand the terms that apply at that time.

WE MAY MAKE CHANGES TO OUR PLATFORM

We may update and change our platform from time to time to reflect changes to our products, our users’ needs and our business priorities.

We do not guarantee that our platform, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our platform for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our platform through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

PROCESSING AN APPLICATION

Persons over the age of 18 only are allowed to submit online applications. By submitting an online application, you warrant that you are 18 or over at the age of registration.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.

APPOINTMENT AND INSTRUCTION

When you submit your online application to us on our website by pressing “Submit”, you confirm acceptance of our terms, (as made available via the website). At the time of submitting your Claim, these terms will become binding on you and us, at which point a contract will come into existence between you and us (“Contract”). This does not mean we have agreed to perform any services on your behalf (including, for the avoidance of doubt, pursuing your Claim). Our acceptance of your instruction to perform the services and to pursue your Claim will take place once we have performed any assessment of the viability of your Claim in accordance with clause 3. If You do not accept our terms, you should not submit a Claim and we will not be able to act for you.

By completing and signing an online application, you appoint us as your nominee to pursue your Claim and to provide the relevant services to you. By submitting an online application, you authorise us to act as Your Tax Agent.
Your appointment of us is on an exclusive basis and you agree that you shall not, without our prior consent in writing (which will not be unreasonably withheld):
appoint another nominee to represent you in pursuing a tax Claim to HMRC on your behalf;
contact HMRC yourself to Claim any Refund you have asked us to pursue; or
take any steps that could adversely affect or delay our pursuance of your Claim.

You acknowledge that if you appoint us to act as your Tax Agent, we will be registered with HMRC as your Tax Agent until such time as You formally notify HMRC to cancel that arrangement, even if any Claim we are handling has been resolved. If you cancel or change our authority to act as your Tax Agent we may not be able to continue or commence any services in such circumstances and we reserve the right to stop acting for you.

The form generated from your application will include a section confirming that you agree to assign to us the right to receive the Refund on your behalf; when you sign this form you agree to these terms.
You acknowledge that we can only act for individuals due to pay tax within the United Kingdom and we have no responsibility in connection with any tax obligations to which you may be subject in any other jurisdiction.

HOW YOU MAY USE MATERIAL ON OUR PLATFORM

Unless otherwise specified, we are the owner or the licensee of all intellectual property rights in our platform, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our platform for your personal use and you may draw the attention of others to content posted on our platform.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our platform must always be acknowledged.

You must not use any part of the content on our platform for commercial purposes without obtaining a licence to do so from us.

If you print off, copy or download any part of our platform in breach of these terms of use, your right to use our platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

DO NOT RELY ON INFORMATION ON THIS PLATFORM

Although we make reasonable efforts to update the information on our platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our platform is accurate, complete or up to date.

WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

Where our platform contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
We exclude all implied conditions, warranties, representations or other terms that may apply to our platform or any content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, our platform; or
use of or reliance on any content displayed on our platform.
In particular, we will not be liable for:
loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation;
any indirect or consequential loss or damage; or
any direct or indirect loss you suffer as a result of needing to change tax codes following the impact of a Refund from HMRC;
any direct or indirect loss you suffer as a result of giving us inaccurate, misleading, incomplete or untruthful information

HOW WE MAY USE YOUR PERSONAL INFORMATION

We will only use your personal information as set out in our Privacy and Data Protection Policy.

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

We do not guarantee that our platform will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our platform. You should use your own virus protection software.

You must not misuse our platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our platform, the server on which our platform is stored or any server, computer or database connected to our platform. You must not attack our platform via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may be committing a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our platform will cease immediately.

RULES ABOUT LINKING TO OUR PLATFORM

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our platform in any website that is not owned by you.

Our platform must not be framed on any other site, nor may you create a link to any part of our platform other than the home page.

We reserve the right to withdraw linking permission without notice.

PROCESSING OF TAX RECLAIMS / SUBMITTING YOUR CLAIM

The Company will submit the appropriate information to obtain a tax Refund from HMRC according to the steps below:

The User will fill in an online form with details required for the processing of the tax refund (the “Tax Information”).
When you submit your Online Application, data collected from the form will be used to generate a copy of Your Claim based on the details You have provided in your Online Application.
The user must review the accuracy of the Claim form information and then sign the Claim Form and Tax Agent Authority. We can only submit Your Claim to HMRC and act as Your Tax Agent once We have a signed copy of the documents.
Once We have a completed Claim Form and Tax Agent Authority We will, at Our discretion, carry out an initial assessment of the viability of Your Claim on the basis of the information and documents You provide Us.
We shall, following our internal assessment, be entitled to confirm by notice in writing to you that We cannot provide the services to you and that we will terminate this Contract immediately without any obligation to provide reasons for such termination. If we decide to pursue your Claim, that decision shall not be construed by you or any third party as being indicative of the likely success of your Claim; equally, where we terminate or refuse to provide the services this is not indicative of the strength of any Claim.
Providing we proceed, the Company will then assess and calculate your Claim and submit the necessary information to HMRC.
Once the Refund is received, they will be released to you by cheque minus the deduction of our fees in accordance with the payment terms below.

ADDITIONAL INFORMATION ABOUT YOUR CLAIM

We shall use reasonable endeavours to pursue your Claim in a timely manner but give no assurance that we will pursue your Claim within a specific timescale.
If additional information is required from you, we or HMRC will contact you about it. If you do not, after being asked by us or HMRC to do so, provide this information, or you provide incomplete or incorrect information, we may cease to pursue your Claim and HMRC may refuse to process any Claim. We will not be liable for any delay in, or non-performance of, the services where you (or your spouse/civil partner) have not provided this information to us or HMRC after being asked to do so, or where we cease to pursue your Claim as explained above. You may lose your right to a Refund if you do not accurately provide all information required in connection with any Claim.
We take no responsibility for returning any documents that you submit in support of your Claim. You should retain copies of any such documents for your own records.
Where applicable, you may be provided with a link to an online form, or be prompted to reply to an email where you provide additional information to your Claim. By submitting this form to us, you confirm that the details that you have entered are accurate and that you are requesting that we forward those details on to HMRC.

FEES AND CHARGES

Our Services incur a fee which may be subject to change. Our current fees (the “Fees”) are as follows:

The greater of 30% of your Refund (plus VAT on that amount); or
£30 plus VAT (i.e. £36).

PAYMENT TERMS

No win no fee basis

The Company operates on a ‘no win no fee basis’, meaning that no Fees will be charged unless a repayment is successfully approved by HMRC. If you do not receive a Refund, we will not charge you for the services in connection with the relevant Claim.

Payment from HMRC

Users understand that rebate amounts due from HMRC (the “Repayment Amounts”) will initially be held by Company for processing. Where HMRC send your refund directly to us, we will automatically deduct our Fees and will send you a cheque for the remaining amount of the Refund to the address you provide in your online application.

In the event that liabilities are owed to HMRC by you that were otherwise unknown to us at the time of submission, which are deducted from Rebate Amounts by HMRC, we still reserve the right to recover the full Fees from you for services provided which will be calculated on the full Rebate Amount due (not including the deduction of such liabilities).

We reserve the right to deduct any portion of our Fees that are outstanding from any future refunds paid to us by HMRC. This does not affect your rights stated elsewhere in this contract.
If you lose the cheque that we send you, we will issue you with a new cheque after we have cancelled the original, but this will be subject to a cancellation and reissue processing fee of up to £25 to cover our administrative costs and bank charges.
Where you ask us to transfer your Refund internationally, we reserve the right to deduct a £50 processing fee to cover our administrative costs and bank charges.
We reserve the right to verify the identity of account holders and carry out other security checks before releasing any money to you.
In the event that a Refund is due and we have sent this to you, you will have 12 months from the date of us issuing that cheque to inform us in writing of any outstanding issues or to request a replacement payment. Once this 12-month period has expired, we will not investigate further enquiries regarding historic matters and We reserve the right to cancel any issued cheque and retain sole ownership of the entire Refund amount. You must notify us as soon as possible of any change of address to reduce the risk of a cheque failing to reach You.

Our payment obligations

The Company shall not be responsible for any failure to perform its payment obligations under this contract, if it is prevented or delayed in performing those obligations by any of the following events:

An event of force majeure.

An event of force majeure is an event or circumstance which is beyond the control and without the fault or negligence of the party affected and which by the exercise of reasonable diligence the party affected was unable to prevent provided that event or circumstance is limited to the following:

(a) riot, war, invasion, act of foreign enemies, hostilities (whether war be declared or not) acts of terrorism, civil war, rebellion, revolution, insurrection of military or usurped power, requisition or compulsory acquisition by any governmental or competent authority;

(b) earthquakes, flood, fire or other physical natural disaster, but excluding weather conditions regardless of severity;

(c) strikes at national level or industrial disputes at a national level;

(d) the freezing of the monies held with the HMRC due to no fault of the Company.

Delayed Payment of Rebate Amounts from HMRC

The User understands that it is subject to Rebate Amounts being released from HMRC. The Company does not have control over a delay in payments from HMRC and rebates can take several weeks to be processed. In the rare circumstances that a payment is delayed due to a delay from HMRC, the User shall not consider this an automatic breach of these terms. In this circumstance, the Company will be allowed a 90 day grace period (once it has been confirmed that an application for Rebate Amounts has been successful) to obtain the payment from HMRC.

Error in payment from HMRC

In the rare event that HMRC sends any Rebate Amounts directly to you without our authorization, you agree that you will still pay the Company the relevant Fees and that the Company may take any legal action necessary to obtain its Fees.

If HMRC send your Refund directly to you, you shall pay our Fees by cheque, credit card, PayPal or BACS within 21 days of your receipt of the Refund. If You do not pay our Fees within this period we may take legal action to recover our Fees.

In addition, where HMRC send any money due to you directly to us in error, when you have not asked us to handle that payment, we reserve the right to deduct an admin fee of up to £40 before issuing your cheque to you to cover the costs of investigating and rectifying any such payments

YOUR ACKNOWLEDGEMENTS AND RESPONSIBILITIES

By submitting a Claim to us you acknowledge and confirm that:

You wish to enter into a binding contract with us for the services and you know of no reason why you may not be able to enter into such contract;
You appoint us as your nominee and, if applicable, your Tax Agent to act on your behalf to pursue your Claim and to receive notification directly from HMRC regarding details of your tax affairs;
You are nominating us to receive any refund that we secure on your behalf in our capacity as your nominee;
You understand that your Claim is a general Claim to HMRC in respect of the Claim period and is not a specific Claim for a particular Refund;
As long as we are your Tax Agent, when HMRC provides us with information indicating that you have paid too much tax, we may contact you with the relevant forms to help you Claim any available rebate;
You understand that we are not responsible for any tax assessment or debt that HMRC may pursue; and
You also acknowledge that we will pursue your Claim with HMRC to the extent that we are able, using reasonable endeavours and using reasonable resources, however you shall be required to follow up and assist in any such ways that we may reasonably ask of you from time to time and the ultimate responsibility for pursuing your Claim will rest with you
We will remain your Tax Agent even after the relevant Claim period expires. As such, HMRC will provide us with information, about which we may choose to contact you to assist you with a further Claim you can always contact us and arrange for us to stop acting as your Tax Agent but if any Claim is in progress when you do so we may no longer be able to act for you.
We will rely on the information and documents provided by you as being true, accurate and complete and we will not check such information except where we are required to do so by law.
We make no assurance that any Refund at all, or any specific amount of Refund, will be obtained from HMRC;
We accept no liability for any loss suffered by you in the event that no Refund, or a smaller Refund than anticipated, is received from HMRC; and
Any claim by way of consequential damage or loss arising out of or in connection with any act or omission by Us is specifically excluded to the fullest extent permitted by law.
You are aware that you could, at no cost, pursue your Claim directly, but notwithstanding this you are choosing to and are nominating us to provide the relevant services to you on the basis of these terms.

SUBMISSION OF ACCURATE TAX INFORMATION

The User represents and warrants that each submission of Tax Information it provides to the Company is, to the best of its knowledge true, accurate and free from errors. You agree that you have kept honest and accurate records of your financials as required by HMRC to support your Claim. The Company shall under no circumstances be liable for any type of loss as a result of the provision of incorrect or incomplete Tax Information. Users agree and accept may have to pay back any Rebate Amounts where the Claim was based on incorrect or incomplete Tax Information provided by you to us. In such circumstances where the Company has relied on such incorrect or incomplete information, the Company is under no obligation to return its fees to the User.

HMRC AGENT AUTHORISATION

Users must provide the company with the relevant agent authorisations to allow the Company to process their tax information on their behalf with HMRC by providing us with a filled in HMRC form 64-8 (authorising your agent). By providing us with HRMC agent authorization, we will be able to communicate with HMRC regarding your information.

PROHIBITED USE

No other activity is permitted through the platform including illegal use, fraud, etc. It is not permitted to use our platform for any reason that is not clearly specified on our platform. The Company reserves the right to immediately ban users who we have reason to believe, in our sole discretion, are using the platform for any purpose not specified under these terms.

USER BREACH

Users agree that a breach of these terms may result in immediate cancellation of any online applications at the Company’s sole discretion and an inability to use our services in future.

CANCELLATION OF ONLINE APPLICATIONS AFTER SUBMISSION

Users agree that they may not cancel the processing of their Claim after they have submitted an online application and submitted information to us.

NO AGENCY

No agency, partnership, joint venture, or employment is created as a result of the Terms with or between users. No users have any authority whatsoever to bind the Company in any respect.

FORCE MAJEURE

Neither the Company or users shall be liable to the other for any delay or failure in performance under these terms and conditions, arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, terrorism, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.

THIRD PARTIES

You agree that, except as otherwise expressly provided in the Terms of Use, there shall be no third-party beneficiaries to the Terms of Use.

GOVERNING LAW AND DISPUTES

These terms of use, their subject matter and their formation, are governed by the laws of England and Wales.  You and we both agree that the courts of England and Wales will have exclusive jurisdiction to resolve disputes.

© Winchurch Services 2021, all rights reserved.
Winchurch Services is incorporated under the Companies Act 2006 № 12349393 ICO № ZA715789