Swift Formations Limited (hereafter referred to as Swift Formations)
'our', 'we' and 'us' means Swift Formations and, where applicable, its officers, employees and authorised agents;
'our site' means our website or websites;
'you' and 'your' include any business with which you are associated and on behalf of which you use our site;
'services' means the company formation service and other ancillary services offered on our site and where relevant includes any goods supplied by us; and
3. Your Obligations
3.1 We accept orders on the basis that the person placing the order is liable to pay us for the services. It is your responsibility to ensure the security of your user account. You will be liable to pay for any services ordered on that account until we receive notice from you to the contrary.
3.2 We only provide services on the basis that you have given us full and proper instructions and the authority to lawfully carry out those instructions.
3.3 You undertake to ensure the accuracy and completeness of the information you provide us and accept all liability for the rejection of documents due to inaccuracies or incompleteness.
3.4 It is your responsibility to ensure that any company name you choose is available for registration and can be lawfully used by you. We accept no liability for your choice of name.
3.5 Once we have accepted a request for services you may contact us via our site or at the postal address displayed on our site to ask that your request be withdrawn. Given the nature of the services we provide it will be entirely at our discretion whether or not you are entitled to a refund for those services. In the exercise of such discretion we will consider the extent to which we have commenced work on the provision of that service.
3.6 If you have chosen to use any of our administrative services i.e. Registered office or Nominee Service, it is your responsibility to maintain your company lawfully and not to attract creditors or any legal entities to our Registered office.
4. Our Obligations
4.2 On accepting a request for services from you we will acknowledge our acceptance and confirm the details you have supplied us with by way of e-mail. Our acceptance of instructions is deemed to have occurred at the time of our sending the e-mail and not at the time of your receipt.
4.3 Until we receive further instruction from you we will keep, to your credit, any application or filing fee that is returned to us on the rejection of any application or filing.
4.4 In the event of Companies House rejecting an application or submission you will have seven days to re-submit the application with appropriate corrections at no extra charge.
4.5 If you request we open a bank account for your new company, a service from time to time offered on our site, we will open the account in the name of your company.We accept no responsibility for the bank account other than opening it in such a manner and otherwise in accordance with the description posted on our site.
5. Price and Payment
5.1 The prices payable for services that you order are set out on our site. We reserve the right to vary these prices from time to time and post such changes on our site. Fees charged by Companies House are those in force from time to time as charged by Companies House.
5.2 Payment will be made by credit card using the procedure set out on our site at the time of ordering. Agents with a credit account will be required to make payments for all amounts due within seven days of the month end. The price of services you order will be confirmed at the time of the request.
5.3 You agree to pay the prices set out on our website for services selected and for any future renewals i.e nominee services, registered office by clicking the accept button.
5.4 If for some reason a renewal fee for a service is not settled on an account we will implement our terms in clause 16.1 and remove our nominee or domicile from an entity and change it to the contact details of the user upon that account.
6.1 Time is not of the essence for the performance of the services. We will use our reasonable endeavors to meet the time estimates given on our site but these remain estimates and in particular we accept no responsibility for delay caused by third parties or for reasons outside our control (such as the unavailability of the World Wide Web or for computer systems or telecommunications failure).
6.2 We are not obliged to accept any request or to continue to perform any service. We reserve the right to reject any request or to discontinue the performance of any service without liability.
7. Exclusion and Limitations
7.1 We make no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in our site. The information contained in our site may contain technical inaccuracies or typographical errors and is intended to be a general indication of our services only. Any implied terms including those as to quality, fitness for purpose, compliance with description or sample are excluded unless you deal as a consumer. If you do deal as a consumer these terms do not affect your statutory rights.
7.2 Except in claims relating to death or personal injury resulting from negligence or as otherwise prescribed by law our liability for any loss or damage (compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties) arising out of any single claim will be limited to the value of re-supplying our site or relevant services to you.
7.3 You agree that this limitation is reasonable having regard to the nature of our site and in particular given that when you purchase information or services through our site you will enter into a separate contract with us in each case.
7.4 Each of the provisions of this clause 7 shall be construed as a separate, and severable, provision of these terms and conditions.
8.1 We reserve the right at any time without notice to revise the content of our site (including the services, products and company domicile offered by us) and the terms and conditions. Any changes to the terms and conditions will be posted on our site and by continuing to use our site following any such change you will signify that you agree to be bound by the revised terms and conditions.
9. Termination of Access
9.1 We reserve the right in our sole discretion to deny users access to our site or any part of our site without notice and to decline to provide the service to any user that is in breach of the terms and conditions.
10. Links to other sites
10.1 Certain links, including hypertext links, in our site may take you outside our site. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of any website outside our site.
11. Force Majeure
11.1 We shall not be liable to you for any breach of the terms and conditions or any failure to provide or delay in providing our services through our site resulting from any event or circumstance beyond our reasonable control including, without limitation, breakdown of systems or network access, fire, explosion or accident.
13. Ownership Rights
13.1 All rights in the design, text, graphics and other material on our site and the selection or arrangement thereof are the copyright of us or other third parties. Permission is granted to electronically copy and print in hard copy portions of our site solely in connection with the acquisition of goods or services through our site. Any other use of materials on our site (including reproduction for purposes other than those noted above and alteration, modification, distribution, or republication) without our prior written permission is strictly prohibited.
14. Third Party Rights
14.1 These terms and conditions are not intended to be enforceable by any third party as provided by the Contracts (Rights of Third Parties) Act 1999.
15.1 Our relationship with you will be governed by English law and will be subject to the exclusive jurisdiction of the English courts.
16. Termination of Service
16.1 We reserve the right in our sole discretion to terminate any service i.e. Registered Office, Nominee Service without notice and to decline to provide the service to any user that is in breach of the terms and conditions.
If for some reason an event occurs that relates to clause 3.6 we will implement our terms in clause 16.1 and remove our nominee or domicile from an entity and change it to the contact details of the user upon that account.
17. Refund Policy
17.1 Given the nature of the services we provide it will be entirely at our discretion whether or not you are entitled to a refund for those services. In the exercise of such discretion we will consider the extent to which we have commenced work on the provision of that service and if a refund is authorised an admin fee will be deducted from any refund due. If we execute a termination of service, at no point a refund of monies will be granted for services provided.
18. Barclays Bank UK PLC or HSBC Business Bank Account Referral Service
18.1 Where you request a bank account through The Business Bank Account Referral Service you confirm that you agree to your details being submitted on your behalf to HSBC or Barclays Bank UK PLC and to being contacted directly by HSBC or Barclays Bank UK PLC for the purposes of fulfilling the bank account request.
18.2 Where you request a bank account through The Business Bank Account Referral Service on behalf of a third party for whom you are making a company formation application, you confirm that the third party has agreed to their details being submitted on their behalf to HSBC or Barclays Bank UK PLC and to being contacted directly by HSBC or Barclays Bank UK PLC for the purposes of fulfilling the bank account request.
18.3 The Business Bank Accounts are for UK residents and opened by and provided by HSBC or Barclays Bank UK PLC and subject to the terms and conditions as set forth by HSBC or Barclays Bank UK PLC at the time of account opening.
19. Regulations MLR 2017
19.1 Swift Formations are regulated by the Money Laundering, Terrorist Financing and Transfer of Funds Regulations 2017 (“MLR 2017”). As a Company Service Provider we have an ongoing responsibility to perform regular checks on any company and its officers and beneficial owners to which we provide ongoing services. Your acceptance of these Terms and Conditions authorises us to security check any mail delivered to our address in respect of any company you have formed through this website or have engaged us to provide ongoing services to. In the event that any of our checks uncover information or activities that are illegal, unethical or otherwise outside of our risk appetite then we reserve the right to terminate services without notice and without a refund. We may require you to provide evidence of your identity and address in the form of original certified documents to satisfy our internal Anti-Money Laundering procedures. Failure to comply with any request for such documents within a reasonable time frame may result in the termination of services. No refund shall be given for the termination of services resulting from your failure to satisfactorily comply with our Anti-Money Laundering procedures.