Terms and Conditions – Privacy Policy

THESE TERMS AND CONDITIONS GOVERN THE RELATIONSHIP BETWEEN Find Smart Business Ltd, Office 4, 219 Kensington High Street, Kensington, London, W8 6BD (“Find UK Accountant”) AND THE SERVICE PROVIDER (“PROVIDER”)

This is a legal agreement (“Agreement”) for use of Find UK Accountant’s services, including but not limited to referral generation and workflow management services (the “Services”) which the “Provider” has selected or initiated. The “Provider” refers to the individual or business who registered and/or provided Find UK Accountant his, her or their credit card or other payment mechanism for the Services or, if an individual is purchasing the Services on behalf of an entity authorised to purchase the Services on behalf of such entity, then the Provider refers to such entity. If the Provider does not agree with the terms of this Agreement, either do not sign the Agreement or alternatively if the transaction is being conducted using the internet, do not complete the Registration form and do not use or join the Services.  Payment of any fee by the Provider is adequate proof of acceptance and agreement of Provider Agreement.

This Agreement includes and is subject to any further terms and conditions set out in The Offer and Offer Acceptance.  If there is any inconsistency between this document and The Offer Acceptance, the terms set out in The Offer Acceptance shall prevail.

 

Any software associated with the Services is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

If you do not agree to these Terms and Conditions or any part thereof, your only remedy is to not use the Find UK Accountant Site or Service. VIOLATION OF ANY OF THE TERMS OF THIS AGREEMENT WILL RESULT IN THE TERMINATION OF YOUR RIGHT TO USE THE FIND UK ACCOUNTANT SITE OR SERVICE, AND ANY ACCOUNT THAT YOU MAY HAVE CREATED AS PART OF THE SERVICE. YOU AGREE TO USE THE FIND UK ACCOUNTANT SITE OR SERVICES AT YOUR OWN RISK. NO REFUND OF ANY MONEYS PAID TO FIND UK ACCOUNTANT CAN RESULT FROM TERMINATION OF THIS AGREEMENT.

1. Right to Accept or Reject Application

Provider acknowledges that Find UK Accountant reserves the right to accept or reject at its sole discretion any application for Registration. Provider agrees to supply documentation required by Find UK Accountant to verify its qualifications and ability to perform Provider Services. Should an application for Registration be rejected by Find UK Accountant at its sole discretion, any money paid by Provider to Find UK Accountant will be fully refunded as soon as practicable.

2. Find UK Accountant’s Role

Provider acknowledges and agrees that Find UK Accountant’s role is as a neutral facilitator only and it is not directly involved in the transactions between Users and Providers and will not be involved in or a party to any agreement or arrangement between Provider and any User regarding any Job.

3. How the Find UK Accountant Marketplace Works

3.1 If Provider receives a Job Referral Notification or views a Job Referral that appears on the Site, it may, in its discretion choose to pursue or not pursue the Job Referral. To pursue a Job Referral, Provider must accept the Job Referral using the mechanism provided by the Service.

3.2 Provider is not capable of accepting a Job Referral that has already been accepted by the maximum number of Providers from whom User has requested quotes or estimates at the time of purported acceptance by Provider, whether or not Provider has been notified by Find UK Accountant of this or not. If Find UK Accountant is contacted by Provider in relation to an already accepted Job Referral, Find UK Accountant will endeavour to notify Provider that the Job Referral is no longer capable of acceptance by the Provider as soon as possible but does not guarantee to do so.

3.3 Subject to clause 3.2, upon Provider notifying Find UK Accountant of its acceptance of a Job Referral, Provider shall be liable to pay (in accordance with The Offer) to Find UK Accountant the applicable Job Referral Fee (where applicable) which shall be non-refundable. Find UK Accountant will then send Provider the applicable User’s contact details and any other details relevant to the Job Request. Where Provider has entered into an Income Guarantee agreement, Provider agrees to be bound by the Terms and Conditions of the Income Guarantee and published on the executed Income Guarantee Agreement.  Where Terms and Conditions of the Income Guarantee Agreement are inconsistent with this Agreement, the Terms and Conditions of the Income Guarantee Agreement will prevail.

3.4 If any User’s contact details given to Provider by Find UK Accountant are incomplete or inaccurate and do not enable Provider to contact the User, Provider must notify Find UK Accountant within 24 hours of discovering this and Find UK Accountant will endeavour to confirm the accuracy of the relevant User’s contact details and provide revised contact details to Provider.

3.5 If Provider accepts a Job Referral, Provider must contact the User within 24 hours of Find UK Accountant giving the Provider the User’s contact details, in order to (at a minimum) provide an estimate of fees and charges for the Job.

3.6 Provider acknowledges and agrees that details of performing the Job and the terms and conditions including warranties, indemnities and guarantees of any agreement relating to the Job are to be determined solely between Provider and the User and Find UK Accountant perform no role in this process and accepts no liability in this respect.

3.7 If, after accepting a Job Referral, Provider, (for whatever reason) elects not to perform the Job, Provider must notify Find UK Accountant immediately of that fact so that Find UK Accountant may refer the Job Request to other Providers (at its sole discretion). The Job Referral Fee payable by Provider will not be refunded in this circumstance.

4. Registration

4.1 Registration shall remain current only if the Registration Fee has been paid for the relevant membership period, as outlined in The Offer.

4.2 Subject to the satisfactory performance of Provider during the immediately preceding Registration period, Provider’s Registration shall be automatically renewed for an equivalent period, unless a request for cancellation of Registration is notified to Find UK Accountant in writing within 14 days prior to the expiry of the then current Registration period. The then current fees will apply to any further Registration period and will be payable in accordance with clause 5 of this Agreement.

4.3 Provider will be issued by Find UK Accountant a user identification number and password to use and access the Site. Provider agrees that Find UK Accountant shall be entitled to assume that any person using the Site with Provider’s user identification number and/or password is Provider or its authorised representative.

4.4 In order to Register and open an “Account” with Find UK Accountant, you must(i) agree to these Terms and Conditions, (ii) provide a valid email address, and(iii) provide any other information required by Find UK Accountant during the registration process.

You must update this information to maintain its accuracy during the term of this Service. You are responsible for maintaining the security of your account and password. Find UK Accountant cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are also responsible for all content that you may post on the Find UK Accountant Site (“Content”) and activity that occurs under your Account (even when Content is posted by others who have accounts under your Account). Personally, identifiable information submitted by you shall be subject to Find UK Accountant’s Privacy Policy.

4.5 One person or legal entity may not maintain more than one Account. Accounts registered by “bots” or other automated methods are not permitted.

4.6 Registration may take up to 14 working days to be processed and approved.

5. Fees, charges and payment

5.1 Provider agrees that Find UK Accountant shall charge Provider and Provider shall be liable to pay:(a) Registration Fee on activation or renewal, as outlined in The Offer;(b) Job Referral Fees, as outlined in The Offer; (c) Any amount that is agreed between Find UK Accountant and Provider in respect to an Income Guarantee; and(d) Any other fees applicable to any new services that Find UK Accountant offers or may offer and that Provider accepts during the Provider’s Registration.

5.2 Where Provider is liable to pay a referral fee, once the Job Referral Credit has dropped to or is below the Job Referral Credit Notification level, Find UK Accountant will notify Provider. Provider acknowledges that Find UK Accountant may at its discretion suspend the Registration if the Job Referral Credit has a zero balance or insufficient funds for Provider to accept a Job Referral.

5.3 Payments to Find UK Accountant may be made by credit card, cash, cheque, or direct credit (EFT). If Provider pays by credit card, Provider agrees that Find UK Accountant may automatically charge any fees (including renewal fees) to such card.

5.4 Provider acknowledges and agrees that payments due under this Agreement shall not be deemed to have been received until all amounts payable are received as clear funds in Find UK Accountant’s bank account and that Find UK Accountant may apply any Job Referral Credit to pay Find UK Accountant any amount owed by Provider to Find UK Accountant.

5.5 Find UK Accountant may, at its sole discretion, terminate or suspend Registration and access to the System without notice if any payment due from Provider remains unpaid after the due date.

5.6 Find UK Accountant reserves the right to increase fees or to institute new fees, upon reasonable notice provided to Provider and/or posted on the Site.

5.7 A valid credit card is required for paying accounts.

5.8 All payments are non-refundable. There will be no refunds or credits for partial months of Service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.

5.9 For all accounts, Find UK Accountant may charge an account re-activation fee should an account need to be re-activated after an account has become de-activated due to non-payment or for other breaches of the Terms and Conditions.

6. System Records

Provider agrees that Find UK Accountant’s records (including records of SMS messages sent by or on its behalf) shall be conclusive evidence of Find UK Accountant’s transmission and Provider’s receipt of notifications of Job Referrals, Accepted Job Referrals and Job Referral Credit Notifications.

Provider agrees that Find UK Accountant’s records of information provided by User for the purpose of Tracking and Verifying total job value for Jobs can be deemed by Find UK Accountant to be conclusive evidence of the total job value and applied to the Income Guarantee calculation.

7. Warranties

Provider warrants to and agrees with Find UK Accountant that:

7.1 it is under no legal or other impediment that may prevent it fully carrying out its obligations under this Agreement;

7.2 it and any personnel it engages are and will at all times remain qualified to offer and perform Provider Services;

7.3 it and all personnel engaged by it will comply with the Code of Conduct and exercise a high degree of skill, care and professionalism in providing Provider Services to the Users;

7.4 it has all insurance required for a service provider in the Provider’s position and area of practice;

7.5 all information (including but not limited to that set out in the application for Registration (registration form) including information relating to Provider’s qualifications and capacity (including those of its employees) is true and correct in every respect and will be updated by Provider if and when it materially changes during the period of Provider’s Registration;

7.6 all information provided by Provider to Find UK Accountant or the User will not be false, inaccurate or misleading, abusive, vulgar, hateful, harassing, obscene, threatening, defamatory or violate any applicable law or regulation;

7.7 it will not impersonate or misrepresent any sponsorship, endorsement by or affiliation with any person or entity;

7.8 it will at all time comply with Find UK Accountant’s Privacy Policy;

7.9 it will not engage in misleading or deceptive marketing practices;

7.10 it will not release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to Find UK Accountant without Find UK Accountant’s prior written approval;

7.11 at the time of accepting a Job Referral, it will be able and willing to perform the Job, within a commercially reasonable time and at a commercially acceptable price;

7.12 it must not cancel or reschedule any appointment made with a User (whether to provide a quotation, perform the Job or otherwise) without prior notification to and acceptance by the User; and

7.13 it must not charge or pass on the Job Referral Fee to the User.

8. Acknowledgements

Provider acknowledges and agrees that:

8.1 Find UK Accountant is not and will not be a party to any transactions between any Users and Provider;

8.2 Find UK Accountant does not offer professional advice to Users or other persons relating to the fitness of any goods or services for any purpose;

8.3 Find UK Accountant cannot and does not confirm the identity of Users, their qualifications, backgrounds or abilities;

8.4 Find UK Accountant makes no representation in respect of, and does not warrant to the Provider the ability of any User to pay Provider for or in respect of any Job, Provider Services or otherwise;

8.5 Find UK Accountant does not provide billing, money collection, reconciliation, accounting or any other services for Provider or Users each of which shall be the responsibility of Provider;

8.6 Provider is responsible for completing all transactions it participates in and providing all Provider Services agreed to between it and each User (including monitoring the status and complying with all relevant legal obligations); and

8.7 Find UK Accountant will not be liable for any loss or damage incurred by Provider as a result of any failure or delay in Find UK Accountant transmitting or providing any information to Provider or a User or removing any information from the Site.

8.8 Find UK Accountant offers no promise that advertising and marketing of Find UK Accountant will occur

8.9 Job Referrals are driven by the principles of supply and demand, and that there is no guarantee that Job Referrals will be provided to Provider during the term of this Agreement

8.10 Job Referrals are an opportunity to win work, but there is no guarantee that the Job Referral will result in paid work for Provider.

9. Site Usage

As a condition to your use of the Find UK Accountant Site, you agree:

9.1 not to upload, post, email, transmit or otherwise make available any information, materials or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, offensive, invades another’s privacy, or promotes bigotry, racism, hatred or harm against any individual or group;

9.2 not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

9.3 not to collect credit card information or other form of online payments;

9.4 not to upload, post, email, transmit or otherwise make available any information, materials or other content that infringes another’s rights, including any intellectual property rights;

9.5 not to upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;

9.6 not to upload, post, email, transmit or otherwise make available any material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

9.7 not to use any manual or automated software, devices, or other processes to “crawl”, “spider” or “screen scrape” any web pages contained in the Find UK Accountant Site;

9.8 not to reverse engineer, decompile or disassemble any of the software used to provide the Find UK Accountant Site;

9.9 not to reproduce, duplicate or copy or exploit any other portion of the Find UK Accountant Site, without the express written permission of Find UK Accountant;

9.10 not to interfere with or disrupt the Find UK Accountant Site, or any servers or networks connected to the Find UK Accountant Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Find UK Accountant Site;

9.11 not to obtain, collect, store or modify the personal information about other users; modify, adapt or hack the Find UK Accountant Site or falsely imply that some other site is associated with the Find UK Accountant Site;

9.12 not to use the Find UK Accountant Site for any illegal or unauthorized purpose. You must not, in the use of the Find UK Accountant Site, violate any laws in your jurisdiction (including but not limited to copyright laws)

9.13 Not to build a product using similar features, functions or graphics of the Find UK Accountant Site

9.14 not to modify or make derivative works based upon the Find UK Accountant Site

9.15 that any web sites accessible via links you have posted, within the Find UK Accountant Site are not under Find UK Accountant’s control and that Find UK Accountant shall not be responsible for the content, products, or services of any such linked website.

9.16 that you will:(i) notify Find UK Accountant immediately of any unauthorised use of any password or account or any other known or suspected breach of security; and(ii) report to Find UK Accountant immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you.

9.17 you are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Find UK Accountant Site, including, without limitation, modems, hardware, server, software, Internet browsers operating system, networking, web servers, long distance and local telephone service, but excluding the Find UK Accountant Site itself (collectively, “Equipment”). You shall be responsible for ensuring that such Equipment is compatible with the Find UK Accountant Site. You shall also be responsible for the use, and maintaining the security, of the Equipment.

10. User Feedback System

10.1 Provider agrees and acknowledges that Find UK Accountant operates a User feedback system, pursuant to which Users are able to post comments, compliments, criticisms and other observations regarding Subscribers, including Provider.

10.2 Provider acknowledges that feedback relating to Provider may consist of comments and ratings left by Users and that Find UK Accountant may calculate a composite feedback score on these individual ratings and comments.

10.3 Provider agrees:(a) it may be rated by Users along several criteria, as determined by Find UK Accountant;(b) that any information or material submitted by Provider to the Site will be treated as non-confidential and non-proprietary;(c) not to impersonate any other person in posting any comments or material to the Site;(d) not to post or transmit any unsolicited advertising or promotional material;(e) that any material may be removed from the Site without notice at any time; and(f) that any material or information provided by Provider may be posted in the discussion forum for User’s and others to read.

10.4 Find UK Accountant does not monitor or censor the opinions posted by Users on the Site nor investigate any remarks for accuracy or veracity. Find UK Accountant does not accept any liability for the accuracy or content of any material posted by other Users or Subscribers on the Site.

10.5 Provider releases Find UK Accountant from any claim, demands, proceedings, losses and damages (actual, special and consequential of every kind and nature including all legal fees) that may arise as a result of any use of the feedback system on the Site. Without limiting the foregoing, the Provider releases Find UK Accountant from any claims for defamation arising out of any comments or other materials posted at the Site.

11. Find UK Accountant’s Rights

Find UK Accountant reserves the right to:

11.1 co-operate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone using the System including Provider; and

11.2 refuse to disseminate any information and/or materials (in whole or in part) that Find UK Accountant, in its sole and absolute discretion, regards in any way objectionable or in violation of any applicable law or this Agreement

12. Intellectual Property

12.1 All intellectual property rights in information, trademarks, logos, business processes, data and materials including without limitation all software, tools, know-how, equipment or processes, used in relation to the Service, System and on the Site shall remain Find UK Accountant’s sole and exclusive intellectual property. Provider acknowledges and agrees that it shall not acquire any rights, title or interest in or to any of Find UK Accountant’s intellectual property rights.

12.2 Where Provider posts to the Site, or otherwise provides information materials and copyright material for Find UK Accountant to disseminate, it grants Find UK Accountant a royalty free, perpetual, irrevocable licence to reproduce, modify, distribute, display and delete such content (in whole or in part) on the Site or as otherwise deemed appropriate by Find UK Accountant.

13. Disclaimer and Limitation of Liability

13.1 Find UK Accountant provides Job Referrals and User contact details to Provider on an ‘as is’ basis without any warranties of any kind, express, implied or statutory as to their accuracy or otherwise. Provider must satisfy itself through its own enquiries as to the ability of the User to pay for goods and services provided by Provider.

13.2 To the extent permitted by law Find UK Accountant excludes all liability to Provider or any other person for any loss, claim or damage (whether arising in contract, negligence, tort, equity or otherwise for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including, without limitation any loss of profits, loss or corruption of data or loss of goodwill) arising out of or in connection with this Agreement and the System.

13.3 To the extent permitted by law, Find UK Accountant and all affiliates and related entities of Find UK Accountant expressly limit their liability for breach of any non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at Find UK Accountant’s sole discretion):(a) in the case of goods, to any one or more of the following:  (i) the replacement of the goods or the supply of equivalent goods;  (ii) the repair of the goods;  (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or  (iv) the payment of the cost of having the goods repaired; and(b) in the case of services:  (i) the supply of the services again; or  (ii) the payment of the cost of having the services supplied again.

14. Sub-Contractors

Provider is liable for ensuring that all work conducted by sub-contractors complies with the Code of Conduct, good practice, involves quality workmanship, is carried out under applicable industry licences and that each sub-contractor is covered by appropriate and adequate insurance to the extent generally desirable for a service provider in the Provider’s position and area of practice.

15. Indemnity

Provider indemnifies and holds Find UK Accountant and its parent, subsidiaries, affiliates, officers, directors, agents, employees, partners, suppliers, franchisors and franchisees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential of every kind and nature, including all legal fees) made by any User, other Subscriber or any third party due to or arising out of or in any way related to Provider’s use of the Service, System or Site, its performance of any Job, its negligence, its breach of this Agreement, or its violation of any law or the rights of a third party.

16. Cancellation

16.1 Subject to clause 4.2 Provider may cancel its Registration upon notice to Find UK Accountant.

16.2 Provider will not be liable for any further Registration Fees once cancellation is deemed effective by Find UK Accountant, but shall not be entitled to any refund of any fees already paid.

16.3 Upon cancellation of Registration, Find UK Accountant shall terminate the Provider’s membership.

17. Termination and Breach

17.1 Without limiting any other remedies available to Find UK Accountant at law, in equity or under this Agreement, Find UK Accountant may, in its sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate Provider’s Registration and refuse to provide it services or access to the System if:(a) Provider breaches any terms and conditions of this Agreement, the Privacy Policy or the Code of Conduct;(b) Find UK Accountant reasonably believes that Provider’s acts or omissions may adversely affect the interests of or may result in any loss or liability for Provider, Users, Subscribers or Find UK Accountant; or(c) Find UK Accountant reasonably believes that the quality of Provider Services is of poor or deteriorating quality.

18. Effect of termination or cancellation of Registration

18.1 If this Agreement is terminated or expires and/or the Provider’s Registration is cancelled or suspended or expires for any reason, Provider acknowledges and agrees:(a) Provider must immediately cease and refrain from representing itself as a Subscriber or otherwise having any affiliation with Find UK Accountant and must immediately cease using all trademarks and other material owned by Find UK Accountant or provided by Find UK Accountant to Provider;(b) Find UK Accountant will not be liable to Provider for any claims of any kind arising as a result of such termination, suspension or cancellation including but not limited to on account of the loss by Provider of present or prospective profits, anticipated orders, expenditures, investments or commitments made, goodwill created, loss of or damage to reputation or on account of any other cause whatsoever; and(c) those clauses capable of surviving termination of this Agreement shall continue in force.

(d) to immediately and within 5 business days, pay the amount outstanding under any applicable Finance Arrangement accepted by the Provider during the Offer Acceptance.

19. Dispute Resolution

19.1 The procedure set out in this clause must be followed in relation to the resolution of a dispute concerning the interpretation of a term this Agreement or of the parties’ rights or obligations pursuant to this Agreement (“Dispute”).

19.2 Upon any Dispute arising, a party may give written notice to the other party that a Dispute exists (“Dispute Notice”).

19.3 The Dispute Notice shall provide the recipient with the full particulars of the matters in Dispute.

19.4 The timetable and process for resolving a Dispute pursuant to a Dispute Notice is as follows:(a) within 5 working days of receipt of a Dispute Notice, the recipient shall hold discussions in good faith in an attempt to resolve the Dispute;(b) if the Dispute is not resolved within 20 days of the commencement of the meeting referred to in the previous sub-clause or if the meeting referred to in the previous sub-clause has not taken place within the 5 day period, the parties to the Dispute shall refer the matter to mediation;(c) within 5 working days following the expiry of the relevant period in the previous sub-clause, the parties to the Dispute must attempt to agree on the appointment of a mediator. In the absence of agreement on the appointment of a mediator, a mediator is to be appointed by the User, with the costs of the mediation to be borne equally by the parties to the Dispute;(d) the parties to the Dispute shall use their best endeavours to ensure the mediation takes place within 30 days of a mediator being appointed; and(e) any mediation that takes place pursuant to the operation of this clause is to take place in Melbourne, UK.

19.5 Except for the purpose of obtaining urgent interlocutory or declaratory relief from a court of competent jurisdiction, no party shall commence any proceedings in any court, tribunals or otherwise without first providing a Dispute Notice and complying with the dispute resolution process set out in this clause.

20. No Agency

Provider and Find UK Accountant are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

21. Circumstances beyond Find UK Accountant’s control

Find UK Accountant will not be liable for any failure or delay in the performance of its obligations to Provider if that failure or delay is due to circumstances beyond its reasonable control including, without limitation, any act of God or other cause beyond its reasonable control including any mechanical, electronic, communications or third party supplier failure.

22. Assignment

Provider may not assign any of its rights or obligations under this Agreement without Find UK Accountant’s prior written consent. If Provider is a company, any change in its effective control shall be deemed an assignment for the purpose of this clause. Find UK Accountant may assign its rights or obligations under this Agreement at any time without notice to Provider.

23. Non-Transferable Registration

Provider’s Registration is personal to Provider and may not be sold or otherwise transferred to another person or entity.

24. Privacy and Code of Conduct

The Privacy Policy and Code of Conduct applies to Provider and is incorporated into this Agreement by reference.

25. General

25.1 Interpretation(a) Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.(b) Provider agrees that this Agreement may not be construed adversely against Find UK Accountant solely because Find UK Accountant prepared it.(c) The singular includes the plural and vice-versa.(d) Person includes any corporation or body corporate.

25.2 Definitions

In this Agreement the following terms have the following meanings:(a) “Accepted Job Referral” means a Job Referral that Provider has agreed to pursue by providing a quote or estimate to the User and/or performing the Job, irrespective of whether such referral in fact results in Provider performing the Job.(b) “Code of Conduct” means the code of conduct appearing at the Site, as amended from time to time.

(c) “Finance Contract” means the contract under which a loan is provided by Find UK Accountant or a third party to the Provider, to pay the Total Investment, the terms of which are referred to in The Offer and once accepted by the Provider via  the Portal, are binding on the Provider and Guarantor.

(d) “Guarantor” means the party named in the Portal as guaranteeing the obligations of the Provider under the Finance Contract.(e) “Income Guarantee” means the total value (including GST) of the work undertaken as a result of Find UK Accountant Job Referrals.(f) “Job” means the provision of goods and/or services by a Provider to a User following a Job Request.(g) “Job Referral” means the provision of details of a Job Request received by Find UK Accountant and offered by Find UK Accountant to the Provider.

(h) “Job Referral Credit” means an amount representing Job Referral Fees paid by Provider to Find UK Accountant.

(i) “Job Referral Credit Notification” means the balance of the Job Referral Credit as determined by Find UK Accountant at which point it determines to notify the Provider that its Job Referral Credit is close to a zero balance.

(j) “Job Referral Fee” means the fee payable in respect of each Accepted Job Referral, details of which are set out in The Offer.

(k) “Job Referral Notification” means an SMS or message provided by any other means of communication given to Provider giving details of a Job Referral.

(l) “Job Request” means a request made by a User (whether made by phone, through the Site or otherwise) seeking offers from Subscribers for the provision of goods and/or services.

(m) “Offer Acceptance” means the process to be followed by the Provider in order to accept the terms and conditions of The Offer.

(n) “Portal” means the system made available by Servicer Central or a third party, setting out the terms of the Finance Contract. .

(o) “Privacy Policy” means the privacy policy appearing at the Site, as amended from time to time.

(p) “Provider” means a person or entity who has a current Registration and except where the context requires otherwise, includes Subscriber.

(q) “Provider Services” means the goods and/or services that Provider offers and/or provides to Users.

(r) “Registration” means the ability to participate in the System as, and in the capacity of, a Provider or potential providers of goods and/or services to Users.

(s) “Registration Fee” means the periodic fee for Registration which may include a system fee and/or Job Referral Credit, details of which are set out in The Offer.

(t) “Site” means the website operated by Find UK Accountant at  www.wordpress-576677-1865065.cloudwaysapps.com and all associated Find UK Accountant web sites and applications.

(u) “System” or “Service” means the system operated by Find UK Accountant as described in this Agreement, and as it is developed by Find UK Accountant from time to time.

(v) “The Offer” means the offer made by Find UK Accountant to the Provider via the means of the Find UK Accountant’s Offers system. The Offer can contain material details including but not limited to the Offer Expiry Date, Package Type, Package Duration, Work Profile Location(s), Work Profile Category(s), Income Guarantee amount, Referral Fee Charges, Number of Referrals Offered, Number of Referrals Accepted, System Fee(s), Registration Fee(s), Pre-Paid Referral Fees, and/or Total Investment.

(w) “Total Investment” means the amount payable by the Provider under the terms of the Offer excluding fees and charges under any Finance Contract.

(x) “User” means a person using the System for the purpose of making Job Requests.

25.3 Governing Law

This Agreement shall be governed in all respects by the laws of the UK. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of the UK.

25.4 Severability

The provisions of this Agreement are severable, and if any provision of this Agreement is held to be illegal, invalid or unenforceable, under present or future law, such provision may be removed, and the remaining provisions shall be enforced.

25.5 No Waiver

Find UK Accountant’s failure to act with respect to a breach by Provider or others does not waive its right to act with respect to subsequent or similar breaches.

25.6 Entire Agreement

This Agreement and those incorporated herein set forth the entire understanding and agreement between the parties with respect to the subject matter hereof.

25.7 Notices

Find UK Accountant may provide notices to you by simply posting the notice on the Site. This is in addition to any other mode of service permitted by law.

25.8 Variation

Find UK Accountant may vary the terms and conditions of this Agreement by providing written notice of the changes to the Provider, which variation will be effective from the service of a notice to this effect on the Provider.

For the purposes of notification under this clause, an acceptance dialog box appearing on the site following login followed by acceptance of the notice by the User will be sufficient acknowledgement of the acceptance of variation to the terms and conditions.

 

26. LIMITATION OF LIABILITY

To the extent required under applicable law, nothing in this User Agreement shall limit or exclude our liability for fraud or for death or personal injury resulting from our negligence or the negligence of our directors, officers, agents or employees as found by a court of competent jurisdiction. Subject to the foregoing, we (including our shareholders, subsidiaries, affiliates, officers, directors, agents and employees) will not be liable for any loss, including economic loss, any loss of goodwill or reputation, business interruption, loss of business information or other data or any special, indirect, incidental or consequential damages (however arising, including negligence) arising out of or in connection with this User Agreement.

 

We (including our shareholders, subsidiaries, affiliates, officers, directors, agents and employees) also have no liability of any sort (including liability for negligence) for the acts or omissions of user of the Site, providers of telecommunications or internet services or for faults in or failures of their networks and equipment.

 

E-mails, mobile text messages or other communications and information that are automatically generated from information provided by users (including transactional information on your activities on the Site such as service provider responses are not under our editorial control. These communications may be sent and this information may be posted on the Site unedited and/or unchecked by us and therefore do not necessarily reflect our opinions and/or beliefs and may not be accurate, and we take no responsibility for their content or any reliance placed on, or loss suffered as a result of, these communications or information. In addition, we are not responsible for any mis production or loss of Your Information or for information not reaching its recipient.

 

To the extent permitted by applicable law, you agree that, without prejudice to any claim that you may have against FindUkAccountant, you will not bring any proceedings against our shareholders, subsidiaries, affiliates, officers, directors, agents and employees.

 

In any event, after taking into account the amount of fees we may have received from you (if any), our liability to you or any third party, and the liability of our shareholders, subsidiaries, affiliates, officers, directors, agents and employees, in any circumstance is limited to the greater of (a) the total fees you have paid to us in relation to the relevant posting(s) or transaction(s), and (b) £100.

 

NO WARRANTY

We (and our shareholders, subsidiaries, affiliates, officers, directors, agents and employees) do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. The Site and our services are provided “as is” and as and when available, and to the extent permissible by law we exclude all warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms or conditions as to security, reliability, completeness, accuracy, satisfactory quality, fitness for purpose, skill and care or timeliness of performance.

 

INDEMNITY

You agree to indemnify and hold us and (as applicable) our shareholders, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any demand, claim, liability, damage, loss, cost and expense, including legal fees and expenses due to or arising out of your breach or alleged breach of this User Agreement or your violation or alleged violation of any law or regulation or the rights of a third party (including other users)

 

USER IDENTITY

You must enter an e-mail address and password on completion of user registration. You are responsible for all actions taken under that e-mail address and password on the Site and you shall only access the Site using your own e-mail address and password. You must use every effort to keep your e-mail address and password safe and should not disclose it to any other person. You shall also not permit, either directly or indirectly, any other person to use your e-mail address or password for the purpose of accessing the Site.

 

FindUkAccountant does not verify the purported identity of users, their suitability to request, offer, provide and/or pay for any service, the validity or accuracy of the information that they post on the Site or any rating feedback and service provider response information. Once you have been put into contact with another user, we would encourage you to communicate with that user directly in order to ask any questions you may have or to verify the identity of or information provided by that user, as well as to ascertain the suitability of or potential risks involved with that user and conducting a transaction with them, including their ability to legally offer and provide services in your country of residence. You may also wish to consider other external means to carry out any such verification (such as official company register, consulting any trade or industry associations to which a service provider belongs or requesting a list of professional qualifications or references for the service provider).

 

RATING FEEDBACK

 

The Site provides a rating feedback system in order to allow buyers to provide their views and opinions to other users of the Site about service providers from whom they have actually received services. Accordingly, any rating feedback given represents the views and opinions of the relevant buyer and not FindUkAccountant. As a buyer, you agree that any rating feedback you post on the Site in relation to a service provider shall be based on actual experience of services received from them, be fair, reasonable, balanced, accurately reflect your views and opinions of that service provider and the service provided and not be offensive, misleading, defamatory, in breach of any applicable law or regulation or designed to unfairly prejudice or harm another user, their rights or reputation or to undermine the integrity of the rating feedback system.

 

You agree that you shall not market or export your FindUkAccountant ratings to any venue other than a FindUkAccountant website. In addition, you are not allowed to import ratings from other websites to the Site because such feedback does not represent the views and opinions of buyers on the Site. Due to the fact that any rating feedback given represent the views of the relevant buyer and not FindUkAccountant, we do not verify or alter rating feedback and accept no responsibility for any loss suffered as a result of any rating feedback posted on the Site.

LEGALITY OF SERVICES

 

You must not request, offer, provide or pay for services which are illegal or in contravention of any applicable law, regulation or court order or harmful to any person or property. We cannot and do not accept any responsibility to protect users from illegal or harmful services listed on the Site or to ensure that services meet the requirements of buyers. You should not assume that: (i) any request, offer, provision and/or payment of or for any service referred to on the Site will be legal and harmless to people or property; or (ii) you are allowed to do what other users do, even if you have successfully conducted similar transactions in the past. Accordingly, you accept responsibility for the legality of your actions under laws and regulations applicable to you.

 

Your country and/or the country of any user you deal with may have laws which apply to your actions in relation to the Site and communications and transactions with other users regardless of what you agree with us or with that user (including laws governing which services can be legally requested, offered, provided and/or paid for). You agree to comply with all laws and regulations applicable to your request, offer, provision and/or payment of or for any services resulting from your use of the Site. You must not post any request, profile or other information on the Site or complete any transaction with another user that, by posting such request, profile or other information, completing the transaction or paying to us or the relevant service provider a fee for the transaction could cause us or another user to violate any applicable law or regulation.

 

SERVICE PROVIDERS

 

As the provider of a service, you must ensure that you are legally able to offer and provide that service in the jurisdiction in which it is provided and, in a manner,, which is consistent with the information provided by you. You must describe your service and all conditions and information relevant to a buyer in your profile or other information that you post on the Site. You may only include information and other content relevant to the provision of services to users of the Site and you are responsible for ensuring that you have the right to use all information and content in your postings on the Site. All profiles must be listed in or refer to an appropriate category. We do not accept any responsibility for the choice or appropriateness of categories or whether they enable you to be put into contact with one or more buyers that are suitable for or near to you and in good time or at all. In addition, we do not make any representation or warranty as to the existence or availability of buyers and requests on the Site at any time, that you will be put in contact with any buyer or that you will be able to agree a transaction or provide and receive payment for any service offered.

 

By agreeing to or implying that you will provide a service to a buyer, you may be entering into a legal relationship with that buyer and, accordingly, may be responsible (among other things) for any loss or expense resulting from a failure to provide the service requested. We are not a party to, and accordingly have no responsibility for, any relationship, communication, payment or transaction between you and a buyer resulting from any posting on the Site or your being put in contact with that buyer through the Site.

 

MANIPULATION

 

You must not manipulate the price of any transaction, request or offer, interfere with any other user’s postings on the Site or with the rating feedback process and any information on service provider responses. Without limitation, you must not: (a) offer to provide a service where you are the buyer requesting that service, or procure or encourage any person to do so on your behalf; (b) post a request for a service on the Site without having an intention to receive and/or pay for the service requested or in order to be put into contact with service providers for any other reason; (c) contact a buyer that is listed on the Site in order to offer similar or other services to that buyer or for any other reason; or (d) post requests or profiles on the Site, make offers, provide services or make any payment under false pretence or in order to mislead other users.

 

FEES

 

It is free of charge to post requests on the web site. Even if it is free of charge to be registered as a User, taking the role as a buyer of services, you will remain responsible for the costs of accessing our Site, receiving communications from us (including by email and mobile text messaging) and communicating with other users if your internet service provider charge you for this. Any payment in respect of a particular transaction with another user will be payable to that user outside the Site and not through FindUkAccountant.

 

Any credits or free pot, expressed in pounds sterling or any other currency, available on a user’s account, no matter if caused by a payment, refund of credits, free try-out pot or any other reason, is not available to transfer into cash. You agree to us charging a fee for accessing contact information to Users who have posted a service request, no matter if you pay for this through a one-off payment, monthly pot or any other way. In the case you make purchases by invoice, credit or debit card FindUkAccountant may wait to collect your payment until the balance on your FindUkAccountant account has reached a certain level of debt. When this happens FindUkAccountant may collect several purchases made by you at a date prior to the collection date. The amount of the fee charged may vary according to the type of service requested, the value of the service requested and overall demand from service providers on the FindUkAccountant platform. We may change our prices at any time and price changes will come into effect immediately. All subscription-based prices, such as member benefits, are subject to 30 days’ notice period to come into effect. On the Manual monitoring system all prices for responding to service requests or member benefits are shown before a purchase is made. On the Digital platform the service provider has the right to set their own price, in advance, for responding to service requests. The price the Service provider pay for responding to a particular service request will be equal or lower than the maximum price selected if the request matches their service profile and they use the Digital system. If the service provider has entered into an Individual Agreement with FindUkAccountant the price information may be replaced by information about remaining available requests or remaining budget. In this case fees and prices are instead shown in the Individual Agreement.

 

Service providers are offered through the Site to upgrade their membership on FindUkAccountant with different benefits. Available benefits are (1) Monthly pot (2) Priority/Standard delivery, (3) Extended Profile, (4) Company web page, (5) Search Engine optimisation of own web site. Every service provider upgrading their membership with a benefit agrees to make a monthly and recurring payment in advance to cover the cost of the benefit. The benefit Search Engine Optimisation is debited in arrears based on the outcome of the preceding month.

 

Unless otherwise stated, all fees are payable in Pounds sterling. Whether you are a business or not, value added tax and other taxes may apply to your transaction. Service providers will be responsible for paying all fees associated with using our service and our Site and all applicable taxes. You agree that we may issue you with invoices in electronic format by email or by other means.

 

Each provider can select a preferred payment method, e.g card. Should the preferred default payment method fail FindUkAccountant may collect the payment from any of payment methods made available to the provider

 

Find UK Accountant Terms and Conditions – Privacy Policy

Find UK Accountant is committed to protecting your privacy. Find UK Accountant recognises that users of www.wordpress-576677-1865065.cloudwaysapps.com place ongoing trust in our services, and we take your privacy seriously. Find UK Accountant does not collect personally identifying information except when you specifically and knowingly provide it subject to the exceptions set out below.

Find UK Accountant provides customer feedback, message boards and other services for both public and private forums. Please remember that any information that is disclosed in public forums becomes public information. You should exercise caution when deciding to disclose your personal information.

If you have queries, concerns or would like to revise your personal records maintained by Find UK Accountant, please email us at contact us. Our postal address is:

Office 4, 219 Kensington High Street, Kensington, London, W8 6BD, UK

Your personal information is important to us.

What information do we collect?

Find UK Accountant collects information in two ways; automatically when you log onto our web servers and when you provide your details through a Find UK Accountant online form.

Web servers: For each visitor to our web page, our web server may automatically recognise the user’s domain, IP address and sometimes an email address.

Online forms: Find UK Accountant has introduced a login service, designed to offer users a more rewarding, efficient and personalised experience at Find UK Accountant web site. You are required to login.

Find UK Accountant users are required to provide a valid email address and other personal details as a condition of registration. Find UK Accountant users will be placed on our mailing list only by their explicit request.

Why do we require your personal information?

The information we collect is used to continually improve your site experience, by customising the content and web layout according to your preferences indicated by your use of the site.

Find UK Accountant needs to collect, use and disclose the information required on online forms to provide you with the services to which the online forms relate. Your information may also be used by Find UK Accountant to tell you about useful products, discounts, special offers, competitions and invitations to special events. Find UK Accountant may notify you about updates to our web site. If you do not want to receive this material, please email Find UK Accountant at contact us.

Disclosure of personal information.

To provide you with services or information you request from the web site by filling out an online form, Find UK Accountant may need to disclose your information to our business partners and contracted service providers.

In submitting your details, you should be mindful that information published on the Internet is available to everyone using the Internet. You should not provide this information if you do not want it to be publicly available.

In addition, Find UK Accountant may disclose personally identifying information if Find UK Accountant determines that disclosure of such information is:

• a) required by law; and
• b) reasonably necessary to protect the rights, property, or safety of Find UK Accountant, its users, or other persons or entities.

Under the foregoing circumstances, Find UK Accountant may disclose personally identifying information without first notifying you or obtaining your consent.

Contacting us about access and correction of your personal details

Find UK Accountant aims to ensure your personal details are up to date. If you have queries, concerns or would like to access or revise your personal records maintained by Find UK Accountant, please change your details using My Toolbox or email Find UK Accountant on Contact Us. Our postal address is Find UK Accountant Office 4, 219 Kensington High Street, Kensington, London, W8 6BD, UK

Find UK Accountant shares non-personal aggregate, statistical information

Find UK Accountant may share non-personal aggregate, or summary, information about our visitors with partners or other third parties, which is a customary practice on the Internet. For example, we might provide a count of our users from a particular area code.

Find UK Accountant uses market research to monitor traffic to and across its web site. This technology involves inserting special scripting in the code of each web page. This code is downloaded by you when you visit each page and then sends information about your use of the page, eg. the duration that the page was open. Information collected using this technology does not identify you personally in any way and is only used for compiling aggregate statistics of web site use for Find UK Accountant.

Find UK Accountant uses “cookies” to improve your experience

Find UK Accountant uses a standard Web browser feature called “cookies” to help us improve your experience. A cookie is a small text file that many web sites write through your browser when you visit them. A cookie can only be read by the site that places it, so Find UK Accountant web site cannot “see where you’ve been” based on any other cookies in your browser. Netscape Navigator uses a single file called “cookies.txt” to record all cookies, and you can open this file in any text editor to see what it looks like.

On some areas of www.wordpress-576677-1865065.cloudwaysapps.com cookies are used to distinguish you from other users. However, cookies merely provide us with a unique anonymous number that we can use in identifying — and enhancing — the use of sections of our site.

Cookies can also be used to store your username and encrypted password, if you so choose. You may choose to disable cookies in your browser or use security software to prevent the storage of cookies. However, if you disable cookies, we may not be able to fulfil your request or provide you with an appropriate level of service in some areas of the Find UK Accountant web site. Below are instructions to help you disable cookies if you use Internet Explorer. If these options don’t apply to you, Contact Us for further assistance.

If you use Internet Explorer:

• Select Tools -> Internet Options from the menu.
• Select the “Security” tab
• Click the “Custom Level…” button
• In the “Cookies” section make sure that “Allow per-session cookies (not stored)” is set to “Disable”
• Confirm the changes by clicking OK
• Answer “Yes” to the following dialog box
• Close and save your changes by clicking “OK” on the “Internet Options” dialog box.

Third party information and links

Some sections of www.wordpress-576677-1865065.cloudwaysapps.com may be powered by our business partners and service providers, to bring you the most relevant and up-to-date information. As a result, these companies have access to information such as your domain, IP address and clickstream information. Find UK Accountant will take reasonable steps to protect the privacy of any personally identifying information that these companies have access to.

Find UK Accountant may also use agencies to place advertising on our web pages. These agencies may collect information such as your domain, IP address and clickstream information. Find UK Accountant will take reasonable steps to protect the privacy of any personally identifying information that these agencies have access to.

Find UK Accountant may present advertisements or links to partner companies. When you click on these links or enter information, you may be transferred to an advertiser’s or partner’s Web site. Find UK Accountant has no control over the privacy practices or information that these sites may request of you. We are not and cannot be held responsible for the privacy practices or content of these sites.

If you order catalogues from Find UK Accountant third party advertisers or partners, any such order will indicate your consent to receive from them other catalogues, announcements, product news, newsletters, and/or other information, via shipping methods including but not limited to UK Post, overnight ground/air courier, or other electronic means, that may or may not be of interest to you. You will need to contact them directly to ‘opt-out’ of receiving this material.

Storage and security of your personal information

Find UK Accountant takes all reasonable steps to secure your personal details. Find UK Accountant stores your information on secure servers which are housed in controlled environments to protect against loss, misuse or alteration of your information collected at the Find UK Accountant web site. All Find UK Accountant employees and service providers are contractually obligated to respect the confidentiality of your personal details.

To assist in keeping your data secure, we recommend that you keep your Find UK Accountant password and account details secure. Please contact us Contact Us if you require a change of password and username.

 

Find UK Accountant ‘S HANDLING OF USER INFO

 

We view the protection of users’ privacy as very important. Please note that Your Information will be stored and processed on our computers in USA and the laws on holding personal data in USA may be less stringent than in the UK.

 

Whilst we will, subject to the terms of this User Agreement, take reasonable care to hold and transmit Your Information in a safe, confidential and secure environment, we cannot accept any liability for any information posted or omitted to be posted on the Site. We reserve the right to retain, use, transfer or disclose Your Information to third parties as we reasonably believe necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this User Agreement including investigating potential violations hereof and resolving disputes, (c) detect, prevent or otherwise address fraud, security or technical issues, and (d)

protect the rights, property, safety or reputation of Find UK Accountant, our users, affiliates, officers, directors, employees, agents and the public.

 

If you object to your Information being transferred, used or disclosed in this way please do not register as a member on the Site.

 

Should you at a later point, after registering on Find UK Accountant, wish to retract your consent to how we save or handle your personal data you must send a message about this to us using CONTACT FORM. You have the right to have your personal data deleted from the database of Find UK Accountant.

 

Changes to this Policy

Find UK Accountant is committed to bringing you the most up-to-date and relevant information online. As a result, our web site is constantly changing and there may be a requirement to review our Privacy Policy. We will promptly post any changes on our web site. If you are concerned about your privacy, you should check our privacy policy periodically.

 

Contact Details For questions regarding this policy, please contact FIND SMART BUSINESS LTD, details as follows:

 

Email: info@findukaccountant.co.uk; Telephone: 020 3137 9916

 

Policy Updates:  As part of FIND SMART BUSINESS commitment to compliance with data privacy requirements, and to reflect changes in its operating procedures, FIND SMART BUSINESS LTD may update the terms of this policy from time to time.