TERMS AND CONDITIONS

OVERVIEW

By purchasing services(s) or items(s) from us and/ or visiting our site, you engage in our “Services” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein.

Please read these Terms and Conditions carefully before accessing or using our website, and/or using our Products and Services. By accessing or using any part of the site, Services we provide, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any of our Services.

These Terms of Service (updated May 2018) set out the terms on which we are to act for you and should be read in conjunction with our engagement. All work is carried out under these terms except where changes are expressly agreed in writing.

If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this website. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this webpage periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including bank and or credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We do not process bank and or credit card information, if any required in payment; it is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without our express written permission. All of our content on our website including product images, trademarks, illustrations, designs, icons, photographs, artwork, images, and any video and/or audio materials are copyrights, trademarks, and other intellectual property owned, controlled, exclusively by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ONLINE BUSINESS TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country, state or province of residence, or that you are the age of majority in your country, state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our Services for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

PROFESSIONAL RULES AND PRACTICE GUIDELINES

For clients who have purchased and used our services, we will observe and act in accordance with the bye-laws, regulations and ethical guidelines of the Institute of Financial Accountants and accept instructions to act for you on the basis that Elaga Accountancy will act in accordance with those guidelines. The guidelines and requirements are also available upon request of these clients. Copies of these requirements are available for your inspection at our offices. In particular you give us the authority to correct errors made by HM Revenue and Customs (“HMRC”) where we become aware of them. We will not be liable for any loss, damage or cost arising from our compliance with statutory or regulatory obligations.

ENGAGEMENT OF PROFESSIONAL SERVICES

For clients engaged in our professional services will be sent letter of engagement. All clients engaged in the service of Elaga Accountancy practice will need to provide satisfactory identity verification and/ or any requirement set under any respective UK Law and Regulation, Anti-Money Laundry, and/or any other regulation. This is solely client’s responsibility to provide satisfactory identity verification and fulfilled these requirement. Upon use of our website and our professional services, engagement is deemed as agreed for any professional work to be undertaken by us under the terms and condition set out hereby.

Clients engaged in our services thereafter who do not provide satisfactory identity verification, will deem not having engaged with our professional practice. If any would be deemed as engaged will be automatically terminated immediately, upon discontinuing of services on client's non-performance of identity verification requirement. Any paid fee are non-refundable.

Under the situation that the online store elagaaccountancy.com may not engage professionally for all services offered, and that we also provide general services and services to users in the internet which do not require professional engagement and they are of services not fall into professional practice. In general these services do not require representation of their interest in HMRC and/or in any authority. Engagement of Letter will not be sent; nonetheless our Terms and Conditions will still be applied. Services under the scope include but not limited to, provision of software services, generic business consultation, generic tax advisory, any shorty term, non-continuous and temporary services, mostly one-off service, use of tax software under client’s name and their interest, and/or any other services without verification of client’s identity, and/or all services client do not specifically request engagement nor provide their identity verification under the law and requirement of anti-money laundry regulation, UK Company Law and/or any tax regulation. These are services not engaged under public practice of rules set in Institute of Financial Accountants. Nonetheless, terms and conditions set out hereby, or any other terms and condition in email, telephone communication, and/or other communication means to send to clients, will apply. Nonetheless we will endeavour our efforts and works to ensure provision of quality services and products if any.

CONFLICTS OF INTEREST, INDEPENDENCE AND CONFIDENTIALITY

You agree that we may reserve the right to act during this engagement for other clients whose interests are or may be adverse to yours, subject of course to the obligations of confidentiality referred to below. We confirm that we will notify you immediately should we become aware of any conflict of interest to which we are subject in relation to you. Where conflicts are identified which cannot be managed in a way that protects your interests then we regret that we will be unable to provide further services.

If there is a conflict of interest that is capable of being addressed successfully by the adoption of suitable safeguards to protect your interests then we will adopt those safeguards. Where possible this will be done on the basis of your informed consent.

We do not require nor accept any business secrets or intellectual property information from clients, except for necessary accounting data, which are protected under our utmost data protection policy. Any such information shared with us shall be deemed not subject to any confidentiality restrictions.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products/services are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

The fees for our services are subject to change based on the complexity and scope of the work required. We reserve the right to adjust our pricing to reflect the value and expertise we bring to your project.

PRODUCTS OR SERVICES

We have made every effort to display information on our Products or Services as accurately as possible. We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to modify or discontinue any of our Products or Services at any time without notice, at the sole discretion of us. Any offer for any Product or Service made on this site is void where prohibited. We do not warrant that the quality of any Products, Services, information, or other material provided by us will meet your expectations, or that any errors in the Service will be corrected.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Refund Policy.

REFUND POLICY

All fees paid, including one-off or regular fees for submissions, tax filings, consultations, or any other services/items, are non-refundable. The fee amount represents a singular, comprehensive fee that cannot be separated into components. This policy applies regardless of the outcome of our handling. Situations where you are unable to provide prompt and satisfactory information, identification, undisclosed limitations, or for any other reason on your part are included. The only exception is if we are unable to accept your order due to our decision and capability, in which case a refund, minus a £50 admin fee, may be issued. For any works and/services fully or partly rendered will not be refunded. By proceeding to payment or purchase, you understand and agree our Refund Policy.

PRIVACY AND DATA PROTECTION

Your submission of personal information through the store or transmit other way online or offline is governed by our Privacy Policy. You hereby explicitly acknowledge and consent that we may make use of cloud computing services to store Personal Information and other data relating to you. We will use commercially reasonable security technologies (such as encryption, password protection and firewall protection) to protect this Personal Information and other data from unauthorised disclosure. You, however, acknowledge and agree that it is impossible for us to guarantee the security of the Personal Information and other data with absolute certainty and that the use of cloud computing services may therefore entail certain risks. We shall only be responsible if it has finally judicially been determined that we did not take commercially reasonable measures to protect the Personal Information and other data from unauthorised disclosure. You agree that it will be sufficient compliance with our duty of confidence for us to take such steps as we in good faith think fit to preserve confidential information both during and after the termination of this engagement.

We reserve the right, for the purpose of promotional activity, training or for other business purpose, to mention that you are a client. As stated above, we will not disclose any confidential information.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.

REGIONAL LIMITATION

Due to limitations related to indemnity liability coverage, UK law, and anti-money laundering regulations, we regretfully cannot accept orders or instructions from clients located in or generating revenue from, United States, Canada, Russia, offshore entities, individuals or entities listed on any sanction lists. Please note that our online store may inadvertently accept payments from users in restricted regions without prior knowledge. By using our services, clients agree to these terms and limitations. Party(s) within these regions does not place orders online. Any placed orders will be refused and may not be eligible for a refund. Refer to Refund Policy.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site elagaaccountancy.com or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

DISCLAIMER; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall We, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some countries, states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

You agree to hold harmless and indemnify us, our principals, subcontractors and staff, to the fullest extent permitted by law, for any loss suffered by you arising from any misrepresentation (intentional or unintentional) supplied to us orally or in writing in connection with this agreement. You have agreed that you will not bring any claim in connection with services we provide to you against any of our principals or staff personally.

Our work is not, unless there is a legal or regulatory requirement, to be made available to third parties without our written permission and we will accept no responsibility to third parties for any aspect of our professional services or work that is made available to them.

INDEMNIFICATION

You agree to indemnify any parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

By using any of our Services, you agree to these Terms and Conditions and our Privacy Policy. The parties will still be responsible for their obligations and liabilities before the agreement ends. These Terms of Service are effective until we end them. We may end this agreement at any time without notice if you break any of these terms or if we think you have broken them. You will still have to pay any amounts you owe us until the date of termination. We may also stop you from using our Services (or any part of them).

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against us.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the country, state or province in which we are incorporated.

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this website. Elaga Accountancy Ltd reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us by email.