TERMS AND CONDITIONS
BACKGROUND:
These Terms and Conditions are the standard terms for the provision of the service provided by Low Fee Claims Ltd, a limited company registered in the United Kingdom under number 12223239.
1. Definitions And Interpretations.
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Contract” |
Means the contract for the provision of our services, as explained in Part 3. |
“Service(s)”
“After Service” |
Refers to the process of assessing your suitability, making calculations, filing tax returns, our correspondence with HMRC and any other activity that includes our professional relation to you.
Refers to our reminder service clients have the option of receiving, otherwise known as Marketing Purposes. |
“We/Us/Our” |
Means Low Fee Claims Ltd. |
1.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications sent by e-mail, post and WhatsApp Messenger.
2. Information About Us.
2.1 Low Fee Claims Ltd, is a limited company registered in the U.K under number 12223239, whose registered address is 13 Mountain Road, Cwmaman, Aberdare, CF44 6HS and whose main trading address is that same address.
2.2 We are registered with the ICO and the NCA.
3.1 These Terms and Conditions govern the service we provide and will form the basis of the contract between you and us. Before requesting our service, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please ask us for clarification.
3.2 Nothing provided by us including, but not limited to, our tax relief service and marketing literature constitutes a contractual offer capable of acceptance. Your request constitutes a contractual offer that we may, at our discretion, accept.
3.3 A legally binding contract between you and us will be created upon your acceptance of these terms and conditions before we submit your tax return. You will be informed of how much we have calculated your tax relief to be and how much our fee is for our services. The fee is then deducted from your tax relief (17.5%). You must confirm to us you have read and accepted our Terms and Conditions prior to us submitting your tax return to HMRC. It is then, once you have confirmed to us that you agree our contract is created.
3.4 Your request for our service will be subject to these Terms and Conditions.
4. Your Obligations.
4.1 You agree to co-operate with us so that we can provide our service in accordance with our obligations (see Part 6) and also our legal responsibilities to comply with the laws and regulations of the anti-money laundering act 2017.
4.2 You agree to provide the information that we ask for promptly and to make sure that this information is true, accurate, correct and complete, including taking all the necessary steps to get this information from other sources if required. You are required to provide identification when asked to do so, employment details and recent P60’s for each required tax year.
4.3 You will keep accurate records and receipts as required by HMRC to support your tax relief claim.
4.4 You are responsible for approving any tax return and tax relief claim before we submit it to HMRC.
4.5 You accept that you may have to pay back any money received where the claim was based on incorrect information provided by you. If that happens, you will have no right to claim back any money from us, including our fee, unless we have made an error too.
4.6 You authorise us to receive payment of all sums relating to your tax relief claimed by us on your behalf. We will deduct our fees from the sums received from HMRC and promptly forward the balance to you.
4.7 If HMRC sends a tax relief directly to you without our authorisation, you must pay our fee. We will take all legal and necessary action to retrieve any fees owed to us.
5. Our Fee And The Bonus Reward.
5.1 Under normal circumstances we take our fee from your tax relief when we have received it from HMRC, so you have nothing to pay up front. If there is no tax relief due but you must file a tax return anyway, we will ask you to pay our fee before we submit it.
5.2 You may cancel your request at any time (see Part 10). If you wish to cancel our service after we have sent your tax return to HMRC and the request becomes irreversible, you will still pay our fee which would have been accepted by you under our contract (see Part 3).
5.3 For submission of a PAYE tax relief claim, our set fee is 17.5% of the amount claimed or no less than £200. However, as our aim is to have the lowest fee, if you can show to us that there is another tax relief service provider with a lower quote, we guarantee to beat their fee. You must be able to provide evidence of their fee and this evidence must be provided during our service and before your paid your tax relief from us. You cannot be refunded the difference in fees after your relief is paid to you from us.
5.4 If your tax relief amount changes, we will inform you of that change and any change of fee.
5.5 The price of the service will be that shown above and is fixed. There is no additional or hidden charges.
5.6 You will be rewarded a £50 bonus for referring a new client to Low Fee Claims Ltd who then has a tax relief claim with us. For you to be eligible for your £50 reward, your referred client must have a successful tax relief claim paid out first and through us. The new client must provide us with your reference number upon contacting us for our service or if we contact them. Every customer will be given a reference number in which they can give to as many new potential clients as they wish. The £50 reward will be paid at the same time as the new client is paid their tax relief.
5.7 The only payment details we will require off you will be your sort code and account number. These details will then be simply used to transfer you either your tax relief after we deduct our fee or your bonus reward.
6. Providing Our Service And Our Obligations.
6.1 Low Fee Claims Ltd is a tax return service which specialise in receiving tax reliefs that you are owed. We will calculate any tax relief that you are entitled to from HMRC and will deal with all of your claim from start to finish.
6.2 Our service is only for those in the armed forces, this is where our marketing efforts lay. We have good knowledge of military documents such as the MOD P60 and MOD 90. Such documents will assist us in identifying who you are for our client due diligence checks which is required of us for our anti money laundering requirements (see Part 13.13). For this reason, it is important for us to identify you before our business relationship can start. We will request any needed form of identification from you and your employment details to conduct our checks. (see Part 4.2).
6.3 We will use all the information you give us to assess and calculate your claim. We will complete and submit the appropriate forms to obtain a tax relief from HMRC on your behalf.
6.4 If HMRC charge a penalty for the late filing of a document or any other default which is caused by us, we will pay it. If it is not our fault, you will have to pay it.
6.5 We maintain high standards of conduct in our dealings with government departments and others. We will decline to provide a service if we believe that doing so may breach those standards. We will notify you as soon as we can if we decide not to provide you with our service.
6.6 If you do not provide all the relevant information, we cannot be held liable for the outcome of your tax return.
6.7 We will not be liable for any delays in tax reliefs being paid to you that have been caused by HMRC’s procedures and security checks.
6.8 As required by law, we will provide the service with reasonable skill and care, consistent with the best practices and standards in the industry.
6.9 We will begin providing our service on the date you request it. We will continue providing the service until we have received your tax relief from HRMC and then forwarded it to you (minus our fee, please see part 5). This then finalises the contract between you and us.
6.10 We will make every reasonable effort to complete our service within a reasonable time frame and we aim to complete claims in and around 6 weeks.Please note there is no deadline for our service and some periods of the year are busier than others for making tax claims. This is beyond our control. There can be durations of time when we are waiting on HMRC. We are not responsible for any delays outside of our control. Please see Part 9 for events outside of our control.
7. Problems With Our Service And Your Legal Rights.
7.1 We always use reasonable efforts to ensure that the provision of our service is trouble-free. If, however, there is a problem with the service we provide, we request that you inform us as soon as is reasonably possible (you do not need to contact us in writing).
7.2 As a consumer, you have certain legal rights with respect to the purchase of our service. For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office. More information is available at www.gov.uk/consumer-protection-rights.
7.3 If we do not perform our service with reasonable skill and care, you have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price. If our services are not performed in line with the information that we have provided about them, you also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you (or if our breach concerns information about us that does not relate to the performance of our service), you have the right to a reduction in price.
7.4 If for any reason we are required to repeat our service in accordance with your legal rights, we will not charge you for the same service and we will bear any and all costs of such repeated performance. In cases where a price reduction applies, this may be any 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 such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which we agree that you are entitled to the refund) and made via the same payment method originally used by you unless you request an alternative method.
8. Our Liability.
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 and Conditions or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by you and us when the contract is created. We will not be responsible for any loss or damage that is not foreseeable.
8.2 Nothing in these Terms and Conditions seeks to exclude or limit our liability for failing to perform our services with reasonable care and skill or in accordance with information provided by us about our service or about us.
8.3 Nothing in these Terms and Conditions seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office. More information can be found at www.gov.uk/consumer-protection-rights.
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 cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs 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 or preparations 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 Part 9 occurs that is likely to adversely affect our performance of any of our obligations under these Terms and Conditions:
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 estimates that were given by us will be extended accordingly and appropriately;
9.2.3 We will inform you when the event outside of our control is over and provide details of any new updates, time scales or availability of services as necessary;
9.2.4 If an event outside of our control occurs and you wish to cancel the contract, you may do so in accordance with your right to cancel under Part 10.
10. Cancellation.
1.1 If you wish to cancel our service before we submit your tax return, you may do so at any time using our contact details in Part 11.
1.2 It may be too late to cancel our service once your tax return is submitted to HRMC, however if at an early stage we are able to withdraw your tax return from HMRC, you will still pay our fee for our service.
1.3 If you cancel because of our breach of these Terms and Conditions under Part 8.1 you will not be required to make any payments to us if the following apply;
1.3.1 We have breached the contract in any material way and have failed to remedy that breach within a reasonable period where you have asked us to do so;
1.3.2 We enter into liquidation or have an administrator or receiver appointed over our assets; or
1.3.3 We are unable to provide the services due to an event outside of our control (under Part 9).
1.3.4 We change these Terms and Conditions to your material disadvantage.
11. Communication and Contact Details.
11.1 If you wish to contact us, you may do so by telephone or WhatsApp on 07835 859436 or by email at contact@lowfeeclaims.co.uk.
11.2 Alternatively, you can write to us via post to 13 Mountain Road, Cwmaman, Aberdare, CF44 6HS.
11.3 Point of contact: Company Director, Steven Duval.
12. Complaints and Feedback.
12.1 We always welcome feedback from our clients and, whilst we always use all reasonable endeavours to ensure that your experience as a client is a positive one, we nevertheless want to hear from you if you have any cause for complaint.
12.2 All complaints are handled in accordance with our complaints handling policy and procedure, available directly from us upon request.
12.3 If you wish to complain about any aspect of your dealings with us, including, but not limited to, these Terms and Conditions, the contract, and/or our service(s), please contact us using our contact details in Part 11.
13. How We Use Your Personal Information (Data Protection and Money Laundering).
13.1 We are registered for Data Protection (no. ZA559435) and have strict security measures to protect personal information. This includes following
certain procedures (for example, checking your identity when you phone us) and encrypting (encoding) data on our website and emails.
13.2 We are registered with the National Crime Agency and the Information Commissioners Office.
13.3 We reserve the right to record and monitor some telephone calls, emails and other electronic communications for training and quality purposes.
13.4 All personal information that we may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
13.5 For complete details of our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to our privacy policy available from our site or directly from us upon request.
13.6 Any personal data you provide to us will only be used to carry out our service and to confirm your identity. You may opt-in for marketing purposes if you wish where your contact details will be held for our reminder service (Part 16). For more information see our Privacy Policy.
13.7 You agree to us storing your personal data in paper and/or electronic form. We will securely store your personal data for different lengths of time depending on what we use the data for.
13.8 Personal data used to identify you for our anti-money laundering obligations will be held for 5 years.
13.9 Personal data used to provide our service will not be held for any longer than our service takes to complete.
13.10 Personal data used for marketing purposes such as contact information will be held for up to 4 years from completion of our service but only if you opt-in.
13.11 After any retention periods, personal data will be securely destroyed on site. Hardcopies containing personal data will be cross shredded then incinerated onsite. Electronic forms of personal data will be deleted through a permanent deletion software.
13.12 For more information on how long we retain your personal information, please see our Privacy Policy and Retention Policy. Your acceptance of our Privacy Policy is required alongside these Terms and Conditions. Low Fee Claims Ltd Retention Policy and Data Protection Policy can be requested directly from us at any time using our contact details in Part 11.
13.13 We will use your personal information to conduct a personal identity check known as client due diligence using our independent source “VERIPHY”. We must do this for our anti money laundering obligations. For more information on this please contact us using our contact details in Part 11.
14. Other Important Terms.
14.1 We may transfer (assign) our obligations and rights under these Terms and Conditions (and under the contract, as applicable) to a third party if we sell our business. If this occurs, you will be informed by us in writing. Your rights under these Terms and Conditions will not be affected and our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
14.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without our express written permission.
14.3 The contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
14.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
14.5 No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.