TERMS AND CONDITIONS OF USE

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 in its sole discretion.

Terms and Conditions relating to specific services:

Formation services including non-domestic incorporations, bespoke structures and pre-registered (ReadyMade) companies:

  1. 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.

  2. We cannot guarantee a specific time for registration.

  3. We can not guarantee that a specific name submitted will be registered.

  4. The information supplied by the client, should be correct.

  5. It is the client’s responsibility to ensure he has gained the necessary consent from all relevant parties for any company officer appointments.

  6. We reserve the right to refuse to process an application.

  7. 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.

  8. 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.

  9. 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.

  10. 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.

  11. 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.

  12. 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.

  13. 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.

  14. If your company formation application is rejected by Companies House, you will not be entitled to a refund for any services purchased from Formations House.

  15. We do not accept any liability should your company be struck off and/or removed from the Register for any reason that is not within our control, or following the cancellation or expiry of the services you are agreeing to take under this agreement should your company fail to meet its statutory requirements following our actions to file the requisite forms to notify the termination of such services.

Domain & Hosting Services:

Click here to see Domain Terms & Conditions

Accounting Services

  1. Our products and services do not include any of the following in respect of any of the packages we offer for sale on our Website:

  2. Accountancy advisory services

  3. Tax advice

  4. Auditing of your books

  5. Filing of annual accounts

  6. Legal advice

  7. Advice regarding the suitability or adequacy of any company you may purchase from us for your intended purposes.

  8. Any other services not expressly mentioned.

  9. The client is obligated to provide all accounting, bookkeeping, receipts and invoices to us in order to prepare the accounts

  10. The client is requested to approve accounts prior to filing

  11. Formations House hold no liability should accounts be filed late due to the client providing either accounts information, payment or approval of prepared accounts late or outside of the available filing period.

  12. Formations House are not liable for any penalties incurred as a result of non or late filing of company accounts unless expressly offered due late preparation by Formations House.

  13. Any client who has purchased a Virtual Office with Formations House, and registers for VAT is required to also purchase full accounting services including VAT filing services.

Registered and Service Address and Mail Forwarding/ Virtual Office services

The client agrees:

  1. Not to use any of the above services for any purpose which may be deemed to be illegal or antisocial and if it does so it acknowledges that the company may report this to any relevant authority;

  2. Not to receive to the premises any dangerous, bulky, illegal letters, objects or materials; Including but not limited to illegal drugs or substances, pornography, weapons, etc.

  3. Not to use the address in any advertising or business relating to the manufacturing, supply or promotion of the items in referred in 8

  4. If the client is in breach of point 7-9 of these terms and conditions, then Formations House reserves the right to terminate the services with immediate effect. In this instance there will be no refunds. In doing so, the client also gives irrevocable consent for the company to share the customer’s personal information with the relevant authorities including but not limited to Police, HMRC, Trading Standards, etc.

  5. Formations House reserves the right to cancel the above services without providing any explanation by giving 2 weeks notice to enable the client to provide us with the requested information about the change of address. If the client does not provide us with such information by this date, you would be deemed to have authorised us to change with immediate effect your Registered Office Address or Service Address to your residential address or other address provided by you during the incorporation process.

  6. The client understands and agrees that Formations House may at any time open and inspects the contents of any items of mail when the company deems doing so will ensure that our services are being used in accordance with the terms and conditions.

  7. This refers to Registered Address and Service Address services. The renewal payment is due prior to your anniversary of the previous payment.

  8. If the payment does not reach us by this date, you would be deemed to have authorised us and consented to us to change with immediate effect your Registered Office Address or Service Address to your residential address or other address provided by you during the incorporation process.

  9. If payment for renewal of Mail Forwarding service has not reached us by the anniversary of the last payment, we will stop mail re-directing with immediate effect and under no obligation to keep any mail addressed to your company. All mail will be shredded within 2 weeks of expiry of the Mail Forwarding service.

  10. 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.

  11. 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.

  12. We will not accept any general business mail (non-statutory mail) for you or your company through our Registered Office service - general business mail will only be accepted at our offices and forwarded to you if you purchase our Virtual Office Mailing Address Service.

  13. If payment for renewal of a Directors Service Address service has not been made on or before the anniversary of the date of the previous payment, you will be deemed irrevocably to have authorised us to change, with immediate effect, your Service Address to your residential address or any other address you have previously provided us for this purpose. This new address information will be registered with Companies House and displayed on public record.

  14. If payment for renewal of a Registered Office Address service has not been made on or before the anniversary of the date of the previous payment, you will be deemed irrevocably to have authorised us to change, with immediate effect, the Registered Office Address of the company to your residential address or any other address you have previously provided us for this purpose. This new address information will be registered with Companies House and displayed on public record.

  15. We are not responsible for any mail that fails to be delivered to our offices, nor are we liable for mail after it has been handed to Royal Mail or our nominated courier for delivery to your preferred forwarding address.

  16. AC Online Ltd reserves the right to change the address of the virtual office or registered office at any time. Clients waive any right to claim a refund or other form of compensation in the event of the changing of our address. We will make every endeavour to notify existing clients with advanced warning should our address change.

  17. In the event of a change of address, we will cover the costs and administration with respect to changing clients’ registered office details with Companies House. Clients will be responsible for all other costs.

  18. All purchases of registered office or service address services must include the Online Administrator service.

Other Services

  1. 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.

  2. 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.

  3. 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

  4. 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 cannot guarantee the results of the application.

  5. 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.

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.

Statement of Anti-Money Laundering (AML) and Counter-Terrorist Financing (CTF) Policies

Confidentiality of Account Information and pin or 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.

Communication, Complaints and Escalations

  • In the event you are dissatisfied with the service you have received and you have not been able to reach a resolution via our customer service manager or support team, you can make a formal complaint by email to complaints@formationshouse.com. Please include a subject heading of 'Customer Complaint' and supply your full name and order number.

  • We will acknowledge receipt of your complaint within 24 hours. An investigation will be carried out into the issues raised and a full response will normally be provided within 5 working days. Where the issue is particularly complex, it may take a little longer to respond fully. If this is likely, we will provide information on the action which we are taking and advise when you can expect a full response.

  • Where a dispute cannot be resolved by the support team, head of department or technical leader, the dispute will be escalated to the company director, who will liaise with all parties involved until a resolution is reached.

Credit and Refund Policy

  • If a Force Majeure event to which this clause applies does occur, we agree to notify you as soon as practicable. If the Force Majeure event continues for more than 14 calendar days, either party shall have the right to cancel the agreement. Where services have been paid for in advance but have not been rendered, you will be entitled to a full refund from the date of cancellation for all such services.

  • As a consumer, you have the right to cancel a contract for the provision of goods or services at any time before 14 calendar days have passed from the day after the contract was made. Any such cancellations must be provided to us in writing. If we have already started fulfilling our side of the contract before you exercise your right to cancel, the right to cancel is lost.

  • In the event that you make a purchase of a company formation package but change your mind prior to the submission of the company details to Companies House, we will offer a credit note.

  • Refunds cannot be given for the company formation package or any parts of the company formation package, once the company application has been submitted to Companies House, even if your company formation is rejected.

  • No refund will be provided if we require cancelling an address service (registered office, service address or business address/mail forwarding service) due to a failure to supply proof of ID and proof of address as required by our terms and conditions, to ensure we fulfil our obligations regarding the current Anti-Money Laundering regulations and Know Your Customer requirements.

  • We reserve the right to update the prices on the Website and to update, amend, or withdraw the products and services that we offer without prior notice or explanation. Every effort is made to ensure that all prices are correct; however, in the event of serious error, any transaction shall be voided by us, entitling you to a full refund.

  • Although we make every effort to provide reliable services, occasional disruptions or interference may occur 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.

Privacy

Please review our Privacy Policy which also governs your use of the Formations House site, to understand our practices.

Links to Other Sites

The 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.

Copyright Notice

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®.

Trademark Notice

Formations House® is a registered trade mark of AC Online Limited. This trade mark 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 AC Online, 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:

Formations House
29 Harley Street
London
W1G 9QR
United Kingdom
OR support@formationshouse.com

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.

Indemnity

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.

International Use

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.

For Formations House is a trading name AC Online Limited, registered at Companies House with company number 09023662, VAT number is GB235688573.