Terms and Conditions

1.1 In these Terms and Conditions:

"Company" means Accessible Filing Ltd, Registered in Scotland, Registration Number: SC808439;

"Customer" means the business entity subscribing to or purchasing the Services;

"Services" means the online services provided by provided by the Company, whether sold by subscription or per item;

"Terms" means these terms and conditions.

1.2 These Terms constitute a business-to-business contract and apply to all Services provided by the Company.

2.1 These Terms shall be governed by and construed in accordance with Scots Law.

2.2 The language of business shall be English.

2.3 Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the Scottish courts.

3.1 The Services may be provided on a subscription basis or provided per item, as agreed between the parties.

3.2 The Services (whether provided on a subscription basis or provided per item) carry an expiry date after which the unused portion is no longer available to the customer for use.

3.3 Payment terms and pricing shall be as specified in the applicable order form or service agreement.

3.4 The Services consist solely of software tools to assist with filing processes. The Company does not provide accountancy, tax, legal or professional advice of any kind.

3.5 The Customer is solely responsible for ensuring the accuracy, completeness and compliance of all filings made using the Services. The Customer should seek independent professional advice where required.

4.1 The Company shall process all data in accordance with applicable data protection laws and the Company's Privacy Policy, which is incorporated by reference and available on the Company's website.

4.2 The Customer acknowledges that the Services primarily process company data, which may include directors' names and other company information.

4.3 The Customer retains ownership of all data submitted to the Services. The Company is granted a licence to process such data solely for the purpose of providing the Services.

4.4 The Company shall implement appropriate technical and organisational measures to protect customer data against unauthorised or unlawful processing and accidental loss, destruction or damage.

4.5 Upon termination of the Services, the Customer may request export of their data. The Company reserves the right to delete customer data after a reasonable retention period following termination.

5.1 The Company shall provide support services via its ticketing system.

5.2 The Company shall use reasonable endeavours to respond to support requests in a timely manner.

6.1 The Customer shall not re-sell access to the Services or create accounts for third parties to use directly, without the prior written agreement of the Company.

6.2 The Customer may use the Services as part of their own professional services to clients (for example, when filing on behalf of client companies) and may include the cost of the Services within their professional fees or seek reimbursement for such costs.

6.3 The Customer shall not use the Services for any unlawful purpose or in any way that could damage, disable, overburden or impair the Services.

6.4 The Customer shall not attempt to gain unauthorised access to any part of the Services or engage in any activity that interferes with or disrupts the Services.

6.5 The Customer shall not reverse engineer, decompile, disassemble or otherwise attempt to derive the source code of the Services.

7.1 Not withstanding any other term, to the maximum extent permitted by law, the Company's total liability to the Customer shall be limited to the total fees paid by the Customer in the twelve (12) months prior to the date of the event giving rise to a claim.

7.2 Not withstanding any other term, the Company shall have no liability for indirect or consequential loss howsoever arising.

7.3 It is the Customer's responsibility to file in due time that, in the event of the service being unavailable, the Customer can make alternative arrangements to ensure they can still meet statutory deadlines. However in such circumstances the Company shall cancel and refund the customer the relevant portion of the Services pro-rated from the relevant purchase subject to the following:

(a) the Customer must notify the Company of the unavailability experienced, specifying the company(s) for which they were unable to file and the relevant deadline;

(b) the outage extended to a period in excess of 12 hours, and was not due to a planned Companies House Maintenance period (which is outwith the Company's control);

(c) the Company can verify the validity of the information provided and the service was indeed unavailable at the necessary time of the filing;

7.4 Any free services are provided "as is" without warranty or liability.

8.1 The Company retains all intellectual property rights relating to the software and Services.

8.2 The Company grants the Customer a non-exclusive, non-transferable licence to use the Services for the duration of the agreement.

9.1 The Customer is responsible for maintaining the confidentiality of account credentials and for all activities that occur under their account.

9.2 The Customer shall immediately notify the Company of any unauthorised use of their account or any other breach of security.

9.3 The Company reserves the right to suspend or terminate accounts where reasonable security concerns arise.

10.1 The Company may terminate the Services immediately if the Customer breaches these Terms or engages in any activity that may harm the Company, the Services, or other users.

10.2 Upon termination, the Customer's right to access and use the Services shall immediately cease.

11.1 The Company warrants that the Services will perform substantially in accordance with any published documentation.

11.2 Except as expressly stated in these Terms, all warranties, conditions and representations, whether express or implied by statute or at law, are excluded to the maximum extent permitted by law.

11.3 The Company does not warrant that the Services will be uninterrupted or error-free.

12.1 Each party shall indemnify and hold harmless the other party from and against any losses, damages, costs and expenses arising from any breach of these Terms or any negligent or wrongful act or omission.

12.2 The Customer shall indemnify the Company against any claims arising from the Customer's use of the Services or the data processed through the Services.

13.1 Neither party shall be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond its reasonable control.

13.2 The affected party shall promptly notify the other party and use reasonable endeavours to mitigate the effect of such circumstances.

14.1 The Company may vary these Terms by providing ninety (90) days' notice to the Customer by email.

14.2 Should the Customer find any variation unacceptable, the Customer shall be entitled to a refund of the remaining service calculated:

(a) pro-rata by number for items priced by unit; or

(b) pro-rata by duration where subscription is priced by period.

14.3 The Customer shall only be entitled to such refund if written notice of non-acceptance is given to the Company prior to the end of the ninety (90) day notice period.

15.1 If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

15.2 These Terms constitute the entire agreement between the parties relating to the Services and supersede all prior agreements and understandings.

15.3 No waiver of any breach of these Terms shall be deemed to be a waiver of any subsequent breach.

For any queries regarding these Terms or the Services, please contact us via our website contact form.