In using the www.client.setupcompany.ltd website or any of our services, you accept these privacy policy, disclaimer, accessibility and terms and conditions. It is important that you read this page as it contains important information regarding accessing our website.

Our postal address is: 17 Parsonage Close, Cambridge, CB22 4SJ. We can be reached via e-mail at info@setupcompany.ltd or you can reach us by telephone at 0203 137 9916.

The Client agrees to abide by, and be bound by, the Terms and Conditions, Disclaimer, Accessibility and Privacy Policy of Boom as set out below at all times without alteration, exclusion and/or adaptation. The headings in these Terms and Conditions, Disclaimer, Accessibility and Private Policy do not affect its interpretation.

Definitions and Interpretation

 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

 Information About Us

Our Site is owned and operated by BOOM SOLUTIONS GROUP LTD, a limited company registered in England and Wales under company number 14573412, whose registered address is 17 Parsonage Close, Cambridge, CB22 4SJ.

Business Terms & Conditions

The Client understands and accepts that:
A. All Services and Client use and viewing of the Website are governed by the Terms and Conditions outlined herewith in. By accessing the Services and/or Website you are agreeing to be bound by these Terms and Conditions.
B. Boom reserves the right to amend the Terms and Conditions from time to time at its own discretion.
C. All Clients access the Website and the Services at their own risk.

The Client understands and agrees that:

  1. Background:

1.1. These Terms of Sale set out the terms under which Services are sold and provided by Us to business customers through this website, www.client.setupcompany.ltd (“Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before ordering any Services from Our Site. You will be required to read and accept these Terms of Sale when ordering Services. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Services through Our Site. These Terms of Sale, as well as any and all Contracts are in the English language only.

   2. General
The agreement made between the parties (which consists of this agreement and any other terms agreed in writing), contains the total understanding of the parties and supersedes all previous understandings between them either in writing or oral, provided that this shall not apply to fraudulent or negligent misrepresentation.

Neither party shall be liable for any breach of this agreement directly or indirectly caused by circumstances beyond the reasonable control of that party and which prevent that party from performing its obligations to the other, provided that a lack of funds shall not be regarded as a circumstance beyond that party’s reasonable control.

This agreement can be amended or modified by Boom in written form at any time. The up to date agreement is available on our website. By using Boom’s services you agree to the latest version of our terms and conditions as displayed on our website.

Neither of the parties to this agreement may assign their rights, benefits or obligations under this agreement without prior written consent from the other party.

  3. Access to and Use of Our Site

3.1. Access to Our Site is free of charge.

3.2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.

• Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
• Use of Our Site is subject to Our Website Terms and Conditions. Please ensure that you have read them carefully and that you understand them.

      4. Business Customers and Consumers

4.1. These Terms of Sale apply to business customers only. These Terms of Sale do not apply to individual consumers purchasing Services for personal purposes (that is, not in connection with, or for use in, their trade, business, craft, or profession).

4.2. These Terms of Sale, together with any other terms referenced herein that are applicable to the Services ordered, constitute the entire agreement between Us and you with respect to your purchase of Services from Us. You acknowledge that you have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out or otherwise referred to in these Terms of Sale and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.

     5. Services, Pricing and Availability

5.1. We make all reasonable efforts to ensure that all general descriptions of the Services available from Us correspond to the actual Services that will be provided to you, however, please note that the exact nature of the Services may vary depending upon your individual requirements and circumstances.

5.2. Please note that sub-Clause 5.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to variations of the correct Services, not to different Services altogether.

5.3. Where appropriate, you may be required to select the required package of Services.

5.4. We neither represent nor warrant that all Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on Our Site.

5.5. We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers and/or Services from time to time and as necessary. Changes in price will not affect any Order that you have already placed (please note sub-Clause 5.8 regarding VAT, however).

5.6. All prices are checked by Us when We process your Order. In the unlikely event that We have shown incorrect pricing information, we will contact you in writing before proceeding with your Order to inform you of the mistake and to ask you how you wish to proceed. We will give you the option to purchase the Services at the correct price or to cancel your Order (or the affected part thereof). We will not proceed with processing your Order until you respond. If We do not receive a response from you within three days, we will treat your Order as cancelled and notify you of the same in writing.

5.7. In the event that the price of Services you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.

5.8. Prices on Our Site are shown exclusive of VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

   6. Orders – How Contracts Are Formed

6.1. Our Site will guide you through the ordering process. Before submitting your Order to Us you will be given the opportunity to review your Order and amend any errors. Please ensure that you have checked your Order carefully before submitting it.

6.2. No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that We have accepted it. Our acceptance is indicated by Us sending you an Order Confirmation by email. Only once We have sent you an Order Confirmation will there be a legally binding contract between Us and you (“the Contract”).

6.3. Order Confirmations shall contain the following information:

• Confirmation of the Services ordered including full details of the main characteristics of those Services; and
• Fully itemised pricing for the Services ordered including, where appropriate, taxes and other additional charges

6.4. If We, for any reason, do not accept or cannot fulfil your Order, no payment shall be taken under normal circumstances. If We have taken payment, any such sums will be refunded to you as soon as possible and in any event within 8 days.

6.5. If you want to change your Order, We will let you know if it is possible and at which costs and if possible endeavour to assist you with this.

6.6. We may cancel your Order at any time before We begin providing the Services in the following circumstances:

• The required personnel and/or required materials necessary for the provision of the Services are not available; or
• An event outside of Our control renders the provision of the Services impossible or difficult for Us (please refer to Clause 19 for events outside of Our control).

6.7. If We cancel your Order under sub-Clause 6.8 and We have taken payment any such sums will be refunded to you as soon as possible and in any event within 8 days.

6.8. Any refunds due under this Clause 6 will be made using the same payment method that you used when ordering the Services.

  7. Payment

7.1. Payment for the Services will be due in the form of an advance payment for the Services. Price and payment details will be confirmed in the Order Confirmation. Your chosen payment method will be charged as indicated.

7.2. All sums due must be paid in full without any set-off, counterclaim, deduction, or withholding (except where any deduction or withholding of tax is required by law).

7.3. We accept the following methods of payment on Our Site:

• VISA.
• American Express.
• Mastercard.
• Switch/Maestro/Solo.

7.4. If you do not make any payment to Us by the due date We may charge you interest on the overdue sum at the rate of 8% per annum above the base lending rate of Barclays Bank Plc from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment. You must pay any interest due when paying an overdue sum.

7.5. If you are taking out a subscription to one of the Services that require periodic payments including but not limited to Address, Post and/or Telephone Handling Services your acceptance of these Terms of Sale means you are granting Us permission under continuous payment authority of the card used to purchase the original Services for the following:

• Renewable services - fees due will be processed on the card on the date of expiry of the relevant Service. Notice will always be given in advance, and you will have the right to cancel the Service.
• Mail forwarding services - the cost of postage and handling fees will be taken on the card and will be processed automatically on a monthly basis.

   8. Provision of the Services

8.1. We will provide the Services with reasonable skill and care consistent with best practices and standards in the company formation sector. We will begin providing the Services on the date agreed when you make your Order (which We shall confirm in the Order Confirmation).

8.2. We will continue providing the Services until completion or for a period set out in the Order Confirmation.

8.3. We will make every reasonable effort to provide the Services in a timely manner. We cannot, however, be held responsible for any delays if an event outside of Our control occurs. Please refer to Clause 19 for events outside of Our control.

8.4. If We require any information or action from you in order to provide the Services, We will inform you of this as soon as is reasonably possible. Depending upon the nature of the Services you have ordered, We may require information from or action by you and We cannot provide the Services if this is not forthcoming.

8.5. If the information you provide or the action you take under sub-Clause 8.4 is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result. If additional work is required from Us to correct or compensate for a problem arising as a result of delayed, incomplete or otherwise incorrect information or action that you have provided or taken, We may charge you a reasonable additional sum for that work.

8.6. In certain circumstances, for example where there is a delay in you sending Us information or taking action required under sub-Clause 8.4, We may suspend the Services.

8.7. In certain circumstances, for example where We encounter a technical problem, We may need to suspend or otherwise interrupt the Services to resolve the issue.

8.8. If you do not pay Us for the Services as required by Clause 7, We may suspend the Services until you have paid any and all outstanding sums due. This does not affect Our right to charge you interest on any overdue sums under sub-Clause 7.4.

8.9.We always use reasonable endeavours to ensure that Our Services are trouble-free. If, however, there is a problem with the Services please contact Us as soon as is reasonable possible as specified in Clause 20.

  9. General conditions for the Provision of the Services

9.1. In order to set up the Services you agree to provide us with acceptable form of identification and proof of residential address under any current or future public regulations or policies set by Us; and to verify all information provided by you with third-party providers, if applicable. For the transfer and processing of your personal data to such third-party providers please refer to Our Privacy Policy.

9.2. We may require to see the original identity documents of directors, partners, shareholders and/or other stake holders; if We are unable to do this We may require such documents to be certified by a notary public or other approved person in Our discretion.

9.3. You agree that you shall not use the Services for any illegal or illegitimate purposes, and that such uses will constitute grounds for immediate termination of the Services by Us.

9.4. We reserve the right to suspend or terminate your Service if we are unable to contact you at the contact address provided by you.

9.5. When you create a business account on our website on behalf of your company, you agree to use a business email address as the main contact email when creating the account. Your account will be deemed as a company account and shall be linked to the companies listed within the portal provided on our website. We do not permit the use of a personal email address as the main contact email within an account created on our system.

   10. Company Formation Services

10.1. Upon your full compliance with the formalities specified by Us and your provision of all relevant information and documentation materials, Companies are usually formed within 3 - 5 hours within standard working hours in London, UK; however, no guarantees as to the time scale of incorporation are given as the formation is dependent on external factors including but not limited to IT integration issues with Companies House.

10.2. We aim to send out the relevant documents forming part of the Company Formation Services without undue delay, but We accept no liability for any delays in the delivery of the services.

10.3. It is solely your duty to make certain that any company name or domain name you select for the Company is accessible for registration and can be legally used by the Company, and We accept no liability relating to the name of the Company.

10.4. By consenting to these Terms of Sale, you are giving Us authorisation to document with Companies House the statutory documents needed to instigate the Services, and in the event that the Services are halted, closed or elapse, the statutory documents required to stop the provision of the Services.

10.5. We shall not accept any legal responsibility if an administrative or judicial act results in the Company being stripped away from the Companies House Register and/or subjected to fines or administrative fees for non-compliance or other issues.

   11. Address and Post Handling Services

11.1. You are entitled to use the mailing address and/or telephone number provided by Us as part of the Address and/or Post Handling Services only during the term of subscription for such Services.

11.2. You shall on top of the fee chargeable for the Services pay the relevant administration fee being equal to the postage costs for mail forwarding.

11.3. You must notify Us in writing with undue delay of any change to your and/or your company's address and/or contact details; including if you change your and/or your company's Registered Office Address, Licensed Office Address and/or Directors (officers) Address away from the address provided by Us as part of the address and/or post handling service.

11.4. Registered Office Address Services only include the receipt and forwarding of statutory mail from HMRC and Companies House; other types of mail will be returned to sender unless you have also subscribed to and paid for an active London Office Address Service.

11.5. If your subscription for a Licensed Office Address for the Company and/or Director’s Service Address for directors of the Company is not renewed and paid on a timely basis We reserve the right to register directors of the Company at the home address(es) previously provided by you.

11.6. All postal items and/or deliveries received at Licensed Office Address for the Company and/or Director’s Service Address for directors of the Company are received and handled entirely at your risk and We shall not accept any liability or responsibility whatsoever for any losses, shortages or damages to such postal items and/or deliveries howsoever caused.

11.7. If you expect to receive large (larger than length 300mm x width 215mm x height 55mm), bulky or heavy items via the Post Handling Services provided by Us, you must notify Us minimum 24 hours in advance either by telephone or email prior to the expected delivery date. We shall charge Our current storage fees for the storage of such items until the item is collected.

11.8. We securely destroy any post including parcels if you request Us to do so. We use a certified secure third-party supplier to assist Us with this task, and We may charge you Our current fees for the safe destruction of such items.

11.9. We shall take all reasonable steps to ensure accurate and efficient dealing with all communications including but not limited to mail and post received on your behalf and that mail is handled in accordance with your subscription for Services and your instructions. However, no warranty or liability is accepted by Us, our staff or agents in relation to the Services provided, and We do not allow you to have any a) important or valuable documents or items; or b) prohibited items pursuant to the Royal Mail listing of such items sent to Us as providers of the Licensed Office Address for the Company and/or Director’s Service Address for directors of the Company.

11.10. By Ordering Address and/or Post Handling Services including subscriptions for a Licensed Office Address for the company and/or Director's Service Address for the directors of the company you provide Us with power of attorny to receive and formally sign for the receipt of any post addressed to the company and applicable director (s) of the Company.

11.11. Any postal items received will if we are not instructed otherwise and if agreed be forwarded to the address specificed by you by Royal Mail untracked and uninsured.

   12. Bank and Merchant Account Referral Services

12.1. If you are using Our bank and merchant account referral service, you consent to your personal data being transferred by Us to the financial institution of your choice.

12.2. Specific Terms and Conditions of the relevant financial institution(s) relating to the financial services to be provided by the financial institution(s) apply to such services.

12.3. Our bank and merchant account referral service cannot guarantee that the relevant financial institutions accept the Company and/or you as a client.

12.4. Our bank and merchant account cashback offer cannot guarantee that the relevant financial institutions will pay you the cash back.  We will not be liable to you for merchant or bank account cash back scheme.

   13. Nominee Services

13.1. We may provide the Company with nominee directors and/or stakeholders if so ordered by you and accepted by Us in the Order Confirmation.

13.2. Specific Terms and Conditions relating to the Services apply to such Services.

   14. Google AdWords Vouchers

14.1. The free Google AdWords Voucher provided by Us is subject to Google’s Terms and Conditions as found on Google’s website.

14.2. The Google AdWords Voucher is for use on new AdWords accounts only.

   15. Confirmation Statement Filling Services 

15.1. The free Confirmation Statement Filling Services provided by Us is subject to SMART ACCOUNTING & BUSINESS SERVICES LTD’s Terms and Conditions as found on SMART ACCOUNTING & BUSINESS SERVICES LTD’s website.

15.2. Confirmation Statement Filling Services is offered to you free of charge when you are buying special packages from our website. We reserve the right to change prices and to add, alter, or remove special offers and/or Services from time to time and as necessary. 

15.3. You are entitled only to one free confirmation statement filing service per company tax year.

15.4. You consent to your personal data being transferred by Us to SMART ACCOUNTING & BUSINESS SERVICES LTD

   16. Self-assessment tax return services

16.1. The free Self-assessment tax return services provided by Us is subject to SMART ACCOUNTING & BUSINESS SERVICES LTD’s Terms and Conditions as found on SMART ACCOUNTING & BUSINESS SERVICES LTD’s website.

16.2. Self-assessment tax return services are offered to you free of charge when you are buying special packages from our website. We reserve the right to change prices and to add, alter, or remove special offers and/or Services from time to time and as necessary. 

16.3. You are entitled only to one free self-assessment tax return per director per personal tax year.

16.4. You consent to your personal data being transferred by Us to SMART ACCOUNTING & BUSINESS SERVICES LTD

   17. Accounting consultation 

17.1. The free Accounting Consultation provided by Us is subject to SMART ACCOUNTING & BUSINESS SERVICES LTD’s Terms and Conditions as found on SMART ACCOUNTING & BUSINESS SERVICES LTD’s website.

17.2. You are entitled only to one free accounting consultation.

17.3. You consent to your personal data being transferred by Us to SMART ACCOUNTING & BUSINESS SERVICES LTD

   18. VAT Registration service

18.1. The free VAT Registration services provided by Us is subject to SMART ACCOUNTING & BUSINESS SERVICES LTD’s Terms and Conditions as found on SMART ACCOUNTING & BUSINESS SERVICES LTD’s website.

18.2. We cannot be held responsible for any penalties or default surcharges arising from the late submission of VAT returns, or the late registration of a business or individual for VAT.

18.3. You consent to your personal data being transferred by Us to SMART ACCOUNTING & BUSINESS SERVICES LTD

   19. Access to one-click growth tools services and business listing 

19.1. The free Access to one-click growth tools services provided by Us is subject to BOOM BUSINESS LTD’s Terms and Conditions as found on BOOM BUSINESS LTD’s website.

19.2. The Business Listing services provided by Us is subject to BOOM BUSINESS LTD’s Terms and Conditions as found on BOOM BUSINESS LTD’s website.

19.3. You are offered for free a light subscription to the BS Business Club.

19.4. You are offered a free or prime business listing, depending of the package purchased. 

19.5. You consent to your personal data being transferred by Us to BOOM BUSINESS LTD 

   20. Access to Private Facebook Group

20.1. The Access to Private Facebook Group provided by Us is subject to the Facebook Group’s Terms and Conditions and Rules as found on Facebook ’website and Facebook’s Group rules.

20.2. Our Access to Private Facebook Group offer cannot guarantee that the group admins and moderators will accept the Company and/or you as a group member.

   21. HMRC UTR Number

21.1. A company UTR number may be automatically issued when we register your limited company. You'll receive it in the post around 10 days after registering. You'll find your 10-digit number on correspondence from HMRC, often on the top right of letters issued regarding your UK tax.

21.2. We will not be liable to you if you don’t automatically receive the company UTR number. It is your responsibility to call HMRC and ask them to send the company UTR number.

21.3. It is your responsibility to Register for Corporation Tax.

   22. Items not Included in Our Services

22.1. The Services do not include the following:

• Bookkeeping services.
• Processing of yearly accounts.
• Accountancy services.
• Auditing; and
• Tax counselling.

 22.2. Any provision by Us of the services specified under sub-Clause 15.1 requires Our prior written approval.

   23. Cancelling the Services

23.1. Cancellation of Contracts shall be subject to the specific terms governing the Services in question and may be subject to a minimum contract duration. Details of the relevant duration, cancellation provisions and minimum notice periods will be provided and confirmed in Our Order Confirmation or on Our Site.

23.2. Eligibility for refunds may vary according to the Services ordered. You will be required to pay for Services supplied up until the point at which you inform Us that you wish to cancel (please note that this may include charges for preparatory work that We have undertaken where We have reasonably incurred costs) and for any Services ordered by you where fees are non-refundable. Such sums will be deducted from any refund due to you or, if no refund is due, We will invoice you for the relevant sums.

23.3. Refunds under this Clause 23 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which you inform Us that you wish to cancel.

23.4. Refunds under this Clause 23 will be made using the same payment method that you used when ordering the Services.

   24. Our Rights to Cancel

24.1. We may cancel the Contract after We have begun providing the Services due to an Event outside of Our control (as under sub-Clause 26.2.4), or due to the non-availability of required personnel and/or required materials necessary for the provision of the Services. In such cases, you will only be required to pay for Services that We have already provided up until the point at which We inform you that We are cancelling. Such sums will be deducted from any refund due to you or, if no refund is due, We will invoice you for the relevant sums.

24.2. Once We have begun providing the Services, We may cancel the Contract at any time and will give you at least 14 calendar days’ written notice of such cancellation. You will only be required to pay for Services that you have received. Such sums will be deducted from any refund due to you or, if no refund is due, We will invoice you for the relevant sums.

24.3. We may cancel immediately by giving you written notice in the following circumstances:

• You fail to make a payment by the due date as set out in Clause 7. This does not affect Our right to charge you interest on any overdue sums as set out in sub-Clause 7.4; or
• You breach the contract in a material way and fail to remedy the breach within 3 calendar days of Us asking you in writing to do so.

24.4. Refunds under this Clause 24 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which you inform Us that you wish to cancel.

24.5. Refunds under this Clause 24 will be made using the same payment method that you used when ordering the Services.

   25. Our Liability

25.1. Subject to sub-Clause 25.4, We will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you and Us.

25.2. We will not be liable for any costs including but not limited to fines and/or penalties resulting in the late filing of accounts and/or confirmation statement(s) for the Company as it is your responsibility to ensure timely filings of any documents or other formalities on behalf of the Company;

25.3. Subject to sub-Clause 25.4 Our total liability to you for all other losses arising out of or in connection with any contract between you and Us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be either £100 or 50% of the total sums paid by you to Us under the contract in question, whichever is the lower sum.

25.4. Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); for fraud or fraudulent misrepresentation; or for any other matter in respect of which liability cannot be excluded or restricted by law.

   26. Events Outside of Our Control (Force Majeure)

26.1. We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

26.2. If any event described under this Clause 26 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:

1. We will inform you as soon as is reasonably possible;

2. Our obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;

3. We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;

4. If the event outside of Our control continues for more than 14 calendar days We may cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event no later than 14 calendar days after the date on which We inform you of the cancellation;

   27. Communication and Contact Details

27.1. If you wish to contact Us with general questions or complaints, for matters relating to Our Services or your Order, please contact Us by telephone at +44 (0)2031379916 by email at info@setupcompany.ltd or by post to 17 Parsonage Close, Cambridge , United Kingdom .

   28. Complaints and Feedback

28.1. We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.

   29. How We Use Your Personal Information (Data Protection)

29.1. All personal information of yours that We may use will be collected, processed, and held in accordance with the provisions of the Data Protection Legislation and your rights thereunder.

29.2. For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy located in the footer of our website www.client.setupcompany.ltd.

   30. Other Important Terms

30.1. We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.

30.2. You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.

30.3. The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.

30.4. If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.

30.5. No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.

30.6. We may revise these Terms of Sale from time to time including but not limited to in response to changes in relevant laws and other regulatory requirements.

      31. Website Terms & Conditions

The Website Terms and Conditions (the “Terms”), together with any other documents referred to herein, set out the terms of use governing your use of this website, www. client.setupcompany.ltd (“Our Site”). It is recommended that you print a copy of the Terms for your future reference.

Your agreement to comply with the Terms is indicated by your use of Our Site. If you do not agree to the Terms, you must stop using Our Site immediately.

31.1. Definitions and Interpretation

In the Terms, unless the context otherwise requires, the following expressions have the following meanings:

31.2. Access to Our Site

1. Our Site and the Content is for business users only. The Content does not apply to individual consumers as Our services are not offered for personal use (that is, not in connection with, or for use in, their trade, business, craft, or profession).
2. Access to Our Site is free of charge.
3. It is your responsibility to make the arrangements necessary in order to access Our Site.
4. Access to Our Site is provided on an “as is” and on an “as available” basis. We may suspend or discontinue Our Site (or any part of it) at any time. We do not guarantee that Our Site will always be available or that access to it will be uninterrupted.

5. Changes to Our Site:  We may alter and update Our Site (or any part of it) at any time.

31.3. Changes to the Terms

1. We may alter the Terms at any time. As explained above, your use of Our Site constitutes your acceptance of the Terms. Consequently, any changes made to the Terms will apply to your use of Our Site the first time you use it after the changes have been implemented. You are therefore advised to check this page every time you use Our Site.
2. If any part of the current version of the Terms conflicts with any previous version(s), the current version shall prevail unless We explicitly state otherwise.

31.4. How You May Use Our Site and Content (Intellectual Property Rights)

1. All Content included on Our Site and the copyright and other intellectual property rights in that Content belongs to or has been licensed by Us, unless specifically labelled otherwise. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
2. You may access, view, and use Our Site in a web browser (including any web browsing capability built into other types of software or app) and you may download Our Site (or any part of it) for caching (this usually occurs automatically).
3. You may print copies and download extracts of any page(s) from Our Site.
4. Our status as the owner and author of the Content on Our Site (or that of identified licensors, as applicable) must always be acknowledged.
5. Nothing in the Terms limits or excludes the provisions of Chapter III of the Copyright, Designs and Patents Act 1988, ‘Acts Permitted in Relation to Copyright Works’, which provides exceptions allowing certain uses of copyright material.

31.5. Links to Our Site

1. Links to Our Site must be fair and lawful. You must not take unfair advantage of Our reputation or attempt to damage Our reputation.
2. You must not link to Our Site in a manner that suggests any association with Us (where there is none) or any endorsement or approval from Us (where there is none).
3. Your link should not use any logos or trade marks displayed on Our Site without Our express written permission.
4. You must not frame or embed Our Site on another website without Our express written permission.

31.6. Links to Other Sites

1. Links to other websites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We accept no responsibility or liability for the content of third-party websites.
2. The inclusion of a link to another website on Our Site is for information purposes only and does not imply any endorsement of that website or of its owners, operators, or any other parties involved with it.

31.7. Disclaimers

1. Nothing on Our Site constitutes professional advice on which you should rely. It is provided for general information purposes only.
2. We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up to date, but We make no warranties, representations, or guarantees (express or implied) that this will always be the case.
3. If you are a business user, We exclude all implied representations, warranties, conditions, and other terms that may apply to Our Site and Content.

31.8. Our Liability

1. Nothing in the Terms excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be lawfully excluded or restricted.
2. To the fullest extent permissible by law, We accept no liability for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.
3. We accept no liability for loss of profit, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

31.9. Viruses, Malware, and Security

1. We exercise reasonable skill and care to ensure that Our Site is secure and free from viruses and malware; however, We do not guarantee that this is the case.
2. You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.
3. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
4. You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
5. You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
6. If you will commit a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.

31.10. Acceptable Usage of Our Site

1. You may only use Our Site in a lawful manner:
   1. You must ensure that you comply fully with any and all local, national, or international laws and regulations that apply;
   2. You must not use Our site in any way, or for any purpose, that is unlawful or fraudulent; and
   3. You must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware or any other code designed to adversely affect computer hardware, software, or data of any kind.
2. If you fail to comply with the provisions of this Part 13, you will be in breach of the Terms. We may take one or more of the following actions in response:
   
   
   1. Suspend or terminate your right to use Our Site;
   2. Issue you with a written warning;
   3. Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
   4. Take further legal action against you, as appropriate;
   5. Disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
   6. Any other actions which We deem reasonably appropriate (and lawful).
3. We hereby exclude any and all liability arising out of any actions that We may take (including, but not limited to those set out above in Part 31.10.2) in response to your breach.

31.11. How We Use Your Personal Information

We will only use your personal information as set out in Our Privacy Policy, available from our website in the footer, www.client.setupcompany.ltd

31.12.Communications from Us

1. If We have your contact details, We may send you important notices by email from time to time. Such notices may relate to matters including, but not limited to, changes to Our Site or to the Terms.
2. We will not send you marketing emails without your express consent. If you do consent to marketing, you may opt out at any time. All marketing emails from Us include an un-subscribe link. If you opt out of emails from Us, it may take up to 8 days for your request to take effect and you may continue to receive emails during that time.
3. For questions or complaints about communications from Us, please contact Us using the details above.

   32. GDPR Compliance Statement

32.1. Introduction

The EU General Data Protection Regulation (“GDPR”) comes into force across the European Union on 25^th May 2018 and brings with it the most significant changes to data protection law in two decades. Based on privacy by design and taking a risk-based approach, the GDPR has been designed to meet the requirements of the digital age.The 21^st Century brings with it broader use of technology, new definitions of what constitutes personal data, and a vast increase in cross-border processing. The new Regulation aims to standardise data protection laws and processing across the EU; affording individuals stronger, more consistent rights to access and control their personal information.

32.2. Our Commitment

At Boom we are committed to ensuring the security and protection of the personal information that we process, and to provide a compliant and consistent approach to data protection. We have always had a robust and effective data protection program in place which complies with existing law and abides by the data protection principles. However, we recognise our obligations in updating and expanding this program to meet the demands of the GDPR and the UK’s Data Protection Bill. Smart are dedicated to safeguarding the personal information under our remit and in developing a data protection regime that is effective, fit for purpose and demonstrates an understanding of, and appreciation for the new Regulation. Our preparation and objectives for GDPR compliance have been summarised in this statement and include the development and implementation of new data protection roles, policies, procedures, controls and measures to ensure maximum and ongoing compliance. Smart will retain and use data that is required by us to act as your accountants, and data will only ever be shared in the carrying out of contracted services for our clients, which includes but is not limited to: communication with HMRC, Companies House or other regulatory bodies.

32.3. How We Prepared for the GDPR

Smart already have a consistent level of data protection and security across our organisation, however we went through a comprehensive review of our policies to ensure that we are GDPR compliant. Our preparation included:

• Information Audit – carrying out a company-wide information audit to identify and assess what personal information we hold, where it comes from, how and why it is processed and if and to whom it is disclosed.
• Policies & Procedures – revising/implementing new data protection policies and procedures to meet the requirements and standards of the GDPR and any relevant data protection laws, including:
• Data Protection – our main policy and procedure document for data protection has been overhauled to meet the standards and requirements of the GDPR. Accountability and governance measures are in place to ensure that we understand and adequately disseminate and evidence our obligations and responsibilities; with a dedicated focus on privacy by design and the rights of individuals.
• Data Retention & Erasure – we have updated our retention policy and schedule to ensure that we meet the ‘data minimisation’ and ‘storage limitation’ principles and that personal information is stored, archived and destroyed compliantly and ethically. We have dedicated erasure procedures in place to meet the new ‘Right to Erasure’ obligation and are aware of when this and other data subject’s rights apply; along with any exemptions, response timeframes and notification responsibilities.
• Data Breaches – our breach procedures ensure that we have safeguards and measures in place to identify, assess, investigate and report any personal data breach at the earliest possible time. Our procedures are robust and have been disseminated to all employees, making them aware of the reporting lines and steps to follow.
• International Data Transfers & Third-Party Disclosures – where Smart stores or transfers personal information outside the EU, we have robust procedures and safeguarding measures in place to secure, encrypt and maintain the integrity of the data. Our procedures include a continual review of the countries with sufficient adequacy decisions, as well as provisions for binding corporate rules; standard data protection clauses or approved codes of conduct for those countries without. We carry out strict due diligence checks with all recipients of personal data to assess and verify that they have appropriate safeguards in place to protect the information, ensure enforceable data subject rights and have effective legal remedies for data subjects where applicable.
• Subject Access Request (SAR) – we have revised our SAR procedures to accommodate the revised 30-day timeframe for providing the requested information and for making this provision free of charge. Our new procedures detail how to verify the data subject, what steps to take for processing an access request, what exemptions apply and a suite of response templates to ensure that communications with data subjects are compliant, consistent and adequate.
• Legal Basis for Processing – we have reviewed all processing activities to identify the legal basis for processing and ensuring that each basis is appropriate for the activity it relates to. Where applicable, we also maintain records of our processing activities, ensuring that our obligations under Article 30 of the GDPR and Schedule 1 of the Data Protection Bill are met.
• Obtaining Consent – we have revised our consent mechanisms for obtaining personal data, ensuring that individuals understand what they are providing, why and how we use it and giving clear, defined ways to consent to us processing their information. We have developed stringent processes for recording consent, making sure that we can evidence an affirmative opt-in, along with time and date records; and an easy to see and access way to withdraw consent at any time.
• Direct Marketing – we have revised the wording and processes for direct marketing, including clear opt-in mechanisms for marketing subscriptions; a clear notice and method for opting out and providing unsubscribe features on all subsequent marketing materials.
• Data Protection Impact Assessments (DPIA) – where we process personal information that is considered high risk, involves large scale processing or includes special category/criminal conviction data; we have developed stringent procedures and assessment templates for carrying out impact assessments that comply fully with the GDPR’s Article 35 requirements.
• Processor Agreements – where we use any third-party to process personal information on our behalf (e. Recruitment, Hosting etc), we have ensured that they (as well as we), meet and understand their/our GDPR obligations. These measures include initial and ongoing reviews of the service provided, the necessity of the processing activity, the technical and organisational measures in place and compliance with the GDPR.
• Special Categories Data – where we obtain and process any special category information, we do so in complete compliance with the Article 9 requirements and have high-level encryptions and protections on all such data. Special category data is only processed where necessary and is only processed where we have first identified the appropriate Article 9(2) basis or the Data Protection Bill Schedule 1 condition. Where we rely on consent for processing, this is explicit and is verified by a signature, with the right to modify or remove consent being clearly signposted.

32.4. Data Subject Rights

In addition to the policies and procedures mentioned above that ensure individuals can enforce their data protection rights, we provide easy to access information via office of an individual’s right to access any personal information that Smart processes about them and to request information about: 

What personal data we hold about them

The purposes of the processing

The categories of personal data concerned

The recipients to whom the personal data has/will be disclosed

How long we intend to store your personal data for

If we did not collect the data directly from them, information about the source

The right to have incomplete or inaccurate data about them corrected or completed and the process for requesting this

The right to request erasure of personal data (where applicable) or to restrict processing in accordance with data protection laws, as well as to object to any direct marketing from us and to be informed about any automated decision-making that we use

The right to lodge a complaint or seek judicial remedy and who to contact in such instances

32.5.Information Security & Technical and Organisational Measures

Boom takes the privacy and security of individuals and their personal information very seriously and take every reasonable measure and precaution to protect and secure the personal data that we process. We have robust information security policies and procedures in place to protect personal information from unauthorised access, alteration, disclosure or destruction and have several layers of security measures, including:

 –SSL, access controls, password policy, encryptions, pseudonymisation, practices, restriction, IT, and authentication.

32.6. GDPR Roles and Employees

Smart have designated Madeleine Salariu as our Data Protection Officer (DPO)/Appointed Person and have appointed a data privacy team to develop and implement our roadmap for complying with the new data protection Regulation. The team are responsible for promoting awareness of the GDPR across the organisation, assessing our GDPR readiness, identifying any gap areas and implementing the new policies, procedures and measures. Smart understands that continuous employee awareness and understanding is vital to the continued compliance of the GDPR and have involved our employees in our preparation plans. We have implemented an employee training program specific to GDPR compliance which has been provided to all employees prior to May 25^th, 2018, and forms part of our induction and continual training program.If you have any questions about our preparation for the GDPR, please contact Data Protection Officer (DPO)/Appointed Person.

32.7. As company formation agents we must comply with UK Anti Money Laundering regulations (“AML legislation”) including the The Money Laundering and Terrorist Financing (Amendment) (EU Exit) Regulations 2020. This entails that we must carry out ‘client due diligence’ measures with the purpose of checking that our clients are who they say they are. We refer Our clients to third-party providers to help prove their’ identity for Us in order to comply with the AML legislation. The third-party providers collects personal data from Our clients directly, and personal data are not transferred by Us to the third-party provider. The personal data collected may include special category data for which explicit consent from you is required. Such collection, processing and handling of personal data is done further to the privacy policies of the third-party providers.

    33. Other Important Terms

33.1. We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.

33.2. You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.

33.3. The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.

33.4. If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.

33.5. No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.

33.6. We may revise these Terms of Sale from time to time including but not limited to in response to changes in relevant laws and other regulatory requirements.   

   34. Complaints Procedure

If you are unhappy with any part of the service we have provided we would kindly request you that you contact our customer service team by calling us on 0203 137 9916 who will do their best to resolve any problems or concerns that you may have experienced.

34.1. How can I make a formal complaint?
If you feel our service has not met expectations and you have not been able to resolve the issue you have been experiencing, you can make a formal complaint to info@setupcompany.ltd. Please ensure you use the heading of “Customer Complaint” and provide full contact details so that it can be investigated properly.

34.2. I have made a complaint, what happens next?
Once we receive your complaint we will confirm receipt within 4 hours of our working day (Mon – Fri 9.00am – 5.00pm). Our complaint handling team will look thoroughly into all of the concerns raised and a will respond in full within 5 working days.

 35. Law and Jurisdiction

35.1. These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

35.2. Any dispute, controversy, proceedings, or claim between you and Us relating to the Terms or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.