Welcome to the website for Formations House, a trading name of AC Online Ltd. When you use our site or any service offered by Formations House, you will be subject to these Terms and Conditions. Please read them carefully. Your use of our website indicates that you have understood and accepted these conditions. Formations House may make changes to this site, policies and these terms and conditions from time to time. Any changes to terms and conditions will not have retrospective effect. Any changes to terms and conditions will only apply to future orders you are bound by the current terms and conditions for services you are currently using, and for orders already placed.
Products and Services Offered By Formations House on the Site
Formations House offers certain products and services on its site. When you purchase a service from Formations House through its site, in addition to these Terms and Conditions, you also agree to accept and abide by the specific conditions applicable to your purchase and use of that service.
In using our site and the services offered by it, we ask that you abide by these rules. Failure to abide by these rules may lead to termination of your account without notice. By using our services, you agree not to:
- Provide Formations House with inaccurate or false information;
- Use this site or any services provided by Formations House for illegal purposes;
- Disrupt or interfere with the operations of Formations House;
- Seek to gain unauthorised access to the site or services offered by Formations House;
- Use the referral program e-mail service for spamming purposes;
- Resell our services without our permission. You understand that reselling our services without proper authorisation may be punishable under federal and state laws.
Formations House reserves the right to refuse service or terminate accounts at its sole discretion.
Terms and Conditions relating to specific services:
- We are undertaking the provision of company services in compliance with your instructions and in accordance with the law of the state of incorporation. You are agreeing to comply with regulations relating to your duties as a company officer. You will not hold us liable for any omissions on your part in respect of these regulations due to any failure on our part to inform you of these regulations or for failure of communication services by postal or electronic mail. We should stress that the duties of a company officer are serious and onerous and if you are unsure of your duties you need to obtain professional assistance to make sure you are in compliance.
- We can not guarantee a specific time for registration.
- We can not guarantee that a specific name submitted will be registered.
- The information supplied by the client, should be correct.
- It is the client’s responsibility to ensure he has gained the necessary consent from all relevant parties for any company officer appointments.
- We reserve the right to refuse to process an application.
- After a name is registered, other companies with similar names have up to 12 months to object to your company name, with the most frequent objection being that the company name is too similar to their own. To avoid this happening you should choose a name which is not similar to another name already registered. If you are forced to change a name, at the direction of companies house we will not be liable for any costs, liabilities or business losses of any type incurred by yourself in the interim or as a result of being forced to change the name of the company.
- If you have bought a readymade company, the company name for this entity can also be subject to challenge for up to 12 months from the time of incorporation of the company. If you are forced to change a name, at the direction of Companies House we will not be liable for any costs, liabilities or business losses of any type incurred by yourself in the interim or as a result of being forced to change the name of the company.
- When you incorporate or purchase a pre-registered company from us, we do not guarantee the company name is appropriate for you to use to trade in your respective industry, nor do we guarantee the company name does not conflict with any registered trademark or intellectual property in your respective industry. You need to satisfy yourself through normal due diligence procedures that the name you have chosen can be used for your trading purposes and requirements.
- If at a later stage a third party litigant issues legal proceedings against the purchased company in the mistaken belief it is some other company with similar name we will not indemnify you against the proceeding or offer a refund. There are many instances where a litigant is mistaken as to the identity of a company as an example if you purchased a readymade company with “THE PHONE COMPANY LTD” (one of our most sought after companies) from us and a 3rd party litigant decided to issue proceedings against the phone company ltd but he had actually intended to sue some other famous telecom company you may be forced to defend the action until the litigant realizes his mistake, in this instance we will not indemnify you against costs, as it is mistake by the 3rd party litigant and you should normally obtain full recompense from the mistaken party.
- We reserve the right to refuse to file a trademark application at our sole discretion. Our trademark service is designed as a low cost service for small business to register trademarks where there is no likelihood of an objection arising from third parties. We undertake extensive consultation and discovery before we file a trademark to minimise the chance of an objection arising. The pre-filing can last anywhere between 3 to 12 months. The pre filing consultation information is confidential and we will not reveal it to the trademark applicant. The fact that we do not reveal this information to the applicant allows us to communicate freely with other parties and to a reach a decision as to the efficacy of filing the trademark application. If, after our pre-filing discovery and consultation phase, we decide the trademark is viable and file the application and subsequently an objection does arise, the trademark applicant will be will liable for the costs of the party objecting to the trademark if he loses the case. The cost can run into thousands of pounds.We will not reveal the details of the consultation process we undertake before pre-filing or provide documentation or assistance if an objection arises.
- We reserve the right to refuse to offer any service or process any order or part of an order even if the order has been placed and accepted on our system, if in the light of further investigation if we feel that processing the order would damage our reputation.
- There are instances where a customer has placed an initial order, this order may have been accepted and processed, the customer then places an order for an additional service related to the initial order, while processing the order for the additional services we may discover, that the information provided by the customer may lead to reputational risk or legal compliance problems. As such, Formations House reserves the right to refuse to process both the initial and any subsequent orders at any time.
- Due to the increasingly intensive regulatory and compliance requirements imposed by governments in relation to commerce we reserve the right to refuse to offer any service or process an order even if an order has been placed and accepted on our system, if in the light of further investigation if we feel that processing the order would expose us to undue compliance risks, either now or in the future.
- Our registered address service is designed exclusively as a forwarding service for government mail only – mainly correspondence received from HMRC or Companies House. Our registered address service is an electronic service. We normally scan mail and email it to you this is normally done within 3 to 4 working days of our receipt of mail item but the timeframe between our receipt of the correspondence and the act of forwarding to you cannot be guaranteed. Clients should be aware that correspondence from HMRC, Companies House, or other governmental entities can often take a few weeks to arrive – this is due to the mail being sorted by a central government sorting office and is out of our control. If an item is not capable of scanning we will forward by postal mail which you will be charged the cost of postage. You need to make sure your wallet has enough money to cover cost of postage or we will not be able to send the mail out.
- Phone and Fax numbers provided as part of our virtual office services are provided as part of a software services package called “Infini Office” provided by our partner Infini KP. The contact numbers remain property of Infini KP at all times and are not transferrable in the event of termination of service.
- Our bank and merchant account service is subject to status. Formations House will endeavour to comply with a client’s request, but we cannot guarantee that we can open the accounts at a specific institution. Our service is delivered on the basis that we will assist you in applying to open an account. The ultimate decision as whether to grant you an account lies with the respective financial institution. Our fees for are non-refundable and are for assistance in processing the application and do not depend on the success or otherwise of the application.
- Orders placed for business services including VAT registration, accounting services, virtual offices, incorporation services, trademark and patent registration can not be cancelled and no refund will be given.
- Many of the services we offer rely on the approval of external agencies commercial or government, if for some reason your application is not approved no refund will be given. Our services are provided subject to status, our fees are for services to assist you in the application process we can not guarantee the results of the application.
- For any orders that require client input following the initial ordering process, for example trade mark registration where follow up information can often be required, Formations House reserves the right to cancel the order should the client fail to provide information or details we require in a timely fashion.
- Formations House reserves the right to withdraw the use of a phone line, facsimile line or other rented services at any time, without notice.
- If you are provided access to infiniAccounts; this remains, the limited intellectual property of Knowledge Path infini.
- If you purchase any accounting product, Formations House take no responsibility for any penalties or taxes associated or incurred due to information not being provided in a timely manner or approved by yourself prior to filing.
MLR (Money Laundering Regulations) Compliance
As the provider of business services, Formations House takes MLR compliance extremely seriously. A major part of this is carrying out ‘customer due diligence’ – which means we must be sure of our customers’ identity before providing certain services. To ensure there is no delay in processing your order, please provide any identity verification documents we require. This often includes, but is not limited to:
- Proof of ID; such as passport or driving licence
- Proof of residence; a recent utility bill or bank statement confirming your home address
- Designation of a PSC (Person(s) with Significant Control) officer; companies registered from 30th June 2016 should provide PSC details (Person with significant control), person who holds ownership and has a right to take any action or to make any changes for e.g.: appointment, termination etc. The secretary or director can be appointed as PSC officer.
MLR compliance at Formations House is regulated by HMRC in the UK, and our membership number is 12782120.
Confidentiality of Account Information and PIN/password
If you use this site, you are responsible for maintaining the confidentiality of your account and pin or password, and you accept responsibility for all activities that occur under your account. Formations House is not responsible for unauthorized use of accounts thereof.
Credit and Refund Policy
Although we make every effort to provide reliable services, occasional disruptions or interference may occurr due to circumstances beyond our control. At our sole discretion we will issue a credit when services are disrupted. Due to the perishable nature of our services we do not offer refunds once a service has been ordered.
Links to Other Sites
Some sections of our website may contain links to third-party websites. These links are provided solely as a convenience to you and not necessarily as an endorsement by Formations House of the contents of such third-party websites. Formations House is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.
Formations House grants you a limited license to access and make use of this site Unless otherwise noted, all information, text, data, images, screens, web pages or other materials (collectively hereinafter referred to as the “Materials”) appearing on this site are the exclusive property of Formations House or others as indicated. You may copy information from this site for your personal or educational use only, provided that each copy includes any copyright or trademark notice or attribution as it appears on the pages copied. Without the express written permission of Formations House the materials may not otherwise be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes, except as provided in these Terms and Conditions. You may not use any content contained in the Materials in any manner that may give a false or misleading impression or statement. Nothing on this site shall be construed as conferring any license of any intellectual property rights, except as expressly provided in these Terms and Conditions.
Use of this site does not confer any ownership rights to any Materials. Any unauthorized use terminates the permission or license granted by Formations House.
Formations House, the Formations House logo, are trademarks or service marks of Formations House in Europe and certain other jurisdictions. Formations House’s trademarks and service marks may not be used in any manner that is likely to cause confusion among customers, in any manner that disparages or discredits Formations House or in connection with any service or product that is not sponsored, endorsed or produced by Formations House. Any other trademarks and service marks that may appear in these pages are the property of their respective owners and are used solely to refer to those companies’ goods and services.
Without obtaining express written permission from Formations House you may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of Formations House, you may not use meta tags or other “hidden text” utilizing Formations House’s name or trademarks and you may not use any proprietary graphic or trademark pertaining to Formations House as part of a link.
Address any inquiries concerning usage of Formations House trademarks, copyrights, or designs to:
85 Great Portland Street
Disclaimer of Warranties
The website and material are provided on an “as is” basis without any warranties of any kind. Formations House to the fullest extent permitted by law disclaims all warranties, including the implied warranty of merchantability, the implied warranty of fitness for particular purpose and non-infringement of third parties’ rights. Formations House makes no representations about the accuracy, reliability, completeness or timeliness of the material or the results to be obtained from using the site and the material. The use of the site and the material is at your own risk.
Certain country, federal or state laws do not allow limitations on implied warranties. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Exclusive Remedy and Limitation on Liability
The exclusive remedy for an alleged breach by Formations House shall be, at Company’s option, a credit or a refund under these Terms and Conditions. Formations House’s liability shall in no event exceed the actual price paid for the service provided.
Disclaimer of Consequential Damages
Under no circumstances shall Formations House be liable for any consequential or incidental damages whatsoever arising out of the use of any service or inability to use any service offered by the Formations House website.
As certain territories do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
In the event of a lawsuit arising out of your use of the site, of a service provided by Formations House, of any hyperlinked site, or of your breach of these Terms and Conditions, you agree to defend, indemnify, and hold harmless, Formations House, its officers, directors, employees and agents, from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees. Formations House shall provide notice to you promptly of any such claim, suit, or proceeding and, where possible, shall assist you, at your expense, in defending any such claim, suit, or proceeding.
Access to the information or services may not be legal by certain persons or in certain countries. Our offer of services is void in jurisdictions in which the services are prohibited by law. If you access the website or use our services in a jurisdiction which prohibits the services offered, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Formations House is a trading name of AC Online Limited, registered at Companies House with company number 09023662, VAT number is GB235688573.