Terms of Use

Last Updated: October 2020

Introduction

These terms of use (the “Terms”) apply to your use of the FreelancerTax website (the “Website”) and the service made available through it (together, the service and your access to the Website are referred to in these Terms as the “Service”). These terms set out how the Service works and describe any associated rights and responsibilities.

By using the Website, creating an Account (as defined below) or requesting or ordering a Service, you agree to these Terms, which form a legal agreement between you and us (Hilton Consulting Limited).

We offer wider accountancy and advice services from time to time which are subject to our standard terms of business, subject to our acceptance of engagement by you. While some of those services may be subject to authorisation and regulation by the Institute of Chartered Accountants in England and Wales, the services offered through this Website are separated and do not include regulated activities. These Terms (and only these Terms) apply to your use of the Service offered through the Website (which includes advice or information provided by telephone or other means of communication in relation to the Service) and not to any other services.

Information about us and how to contact us

We are Hilton Consulting Limited a company registered in England and Wales. Our company registration number is 05394620 and our registered office is at 119 The Hub, 300 Kensal Road, London, W10 5BE. Our registered VAT number is 858442103. If you have any queries or concerns, you can write to us by post to our registered office address, by email to contact@freelancertax.co.uk.

If we have to contact you we will do so by notifying you through the Website or by telephone or by writing to you at an email address you have provided to us.

Information about the service

The Service (supplied through the Website) helps you to prepare and file your tax return. Only registered users may use the Service. To register you must set up a unique account, as described in clause 1 below (your “Account”). Once we grant you access to your Account, you can use the Service to upload information, prepare and file (either directly, or with our help) your return.

1. Accounts and Services

1.1 By applying to register an account you:

1.1.1 confirm that you understand and accept (and are able to understand and accept) these Terms, including all terms and policies referred to herein, and that you agree to be bound by them; and

1.1.2 agree to provide us with accurate and complete information and to keep such information updated to maintain its accuracy and completeness.

1.2 You may only apply to register:

1.2.1 if you are 18 or over; and

1.2.2 if it is lawful for you to do so.

1.3 To register or maintain your Account, we may require you to provide us with identification or other documentation in order to help us confirm your identity, and prevent fraud or money laundering or other unlawful activity taking place. This may include photographic identification and recent proof of address.

1.4 In order to provide the Services, we require certain information, data, materials and cooperation from you, and you may be required to send some information directly to HMRC or to other parties. You agree to provide us will all information, data, materials and cooperation reasonably requested by us in connection with the provision of the Services, and to ensure that the foregoing are accurate, comprehensive and up to date.

1.5 By purchasing a Service, you appoint and authorise us as your agent to deal with HMRC and to submit your tax return on your behalf and agree to confirm such authorisation to HMRC as reasonably required for us to provide the Services. Should we identify or suspect errors or inconsistencies in your tax affairs or the information you supply, we may notify you and you shall address such matters promptly. If you fail to address such matters to our reasonable satisfaction, we may terminate our appointment and agreement with you.

1.6 While you retain ownership of all information, data and materials which you supply to us or arrange to be supplied to us, in the course or in connection with your use of the Services, you hereby grant us a licence to use and distribute that information, data and materials to the extent required for us to provide the Service, and to aggregate that information and any feedback supplied by you to develop insights and understand and improve our services (during and after the term of our agreement with you) provided that such use does not entail disclosure of your personal or confidential information to any third party.

2. Registration, Account and Password

2.1 You may only use the Service for your own benefit. By using the Service you confirm that you are not acting for the benefit of any other person.

2.2 To register an account to use the Service (“Account”):

2.2.1 you may sign in using your Facebook login details or Google login details; or

2.2.2 you will need to submit personal information and choose an account name (“Username”), a password (“Password”) and a valid email address.

2.3 An Account will be allocated to you if you successfully apply for registration. Only we can decide whether applications will be successful. You may need your Username and Password or other login credentials to access some parts of the Service. Your Username and Password are personal to you and must not be disclosed to any other person.

2.4 You must ensure that all information about you that is held by us is true, complete, not misleading and up to date. You can amend your registration details at any time through the Service.

2.5 We are entitled to assume that any use of your Account is made by you. You are solely responsible and liable for any use of the Service under your Account or any other use of your Username and Password.

2.6 You may only hold one Account. If you forget your Username or Password, you can use the password recovery option or contact us as we will provide a replacement password.

2.7 Do not share your Password with any other person or allow any other person to use your Account. We are not liable for any improper use of your Password or Account or any use of your Password or Account by any other person. If you think any other person knows your Password or that your Account has been or may be used by any other person, you must inform us immediately.

3. Payment and Fees

3.1 You can place an order to purchase Services through the Website, our acceptance of your order will take place when we email you to accept it or otherwise notify you of our acceptance through the Website, at which point a contract in respect of that order will come into existence between you and us subject to these Terms. If we are unable to accept your order, we will inform you of this and will either not charge you or refund you as soon as reasonably possible.

3.2 Once we have accepted your order we will make the Services you have purchased available until the earlier of: (i) when your Account expires or the Services are complete; (ii) when you end the contract as permitted by these Terms; or (iii) when we end the contract as permitted by these Terms.

3.3 Payment shall be made in advance by direct debit, debit or credit card or such other means of payment as indicated through the Website.

3.4 Unless expressly stated otherwise, all fees are exclusive of VAT and/or any other applicable sales tax, which you may be able to reclaim. We will provide you with an invoice itemising the amount of the VAT.

4. Our responsibility for loss or damage suffered by you

4.1 We provide and maintain the Website and Service on an “as is” and “as available” basis and we are liable only to provide our services with reasonable skill and care. We do not provide data hosting or storage services, and are not required to store or retain copies of information which you provide to us. We recommend that you maintain backups of any important information which you provide or receive in the course of using the Website or Services.

4.2 We give no other warranty in connection with the Website and we disclaim all liability for any interruptions to or error of the Website or other communications network and all representations, warranties, conditions and other terms and conditions which, but for this notice, would have effect.

4.3 We will not be liable in any amount for failure to perform any obligation under these terms of use if that failure is caused by the occurrence of an event beyond our reasonable control. You acknowledge that you are responsible for ensuring that all information and materials are submitted to HMRC or other third parties by any applicable deadline.

4.4 Except as provided above there are no other warranties, conditions or other terms, express or implied, statutory or otherwise, and all of those terms and conditions are hereby excluded to the maximum extent permitted by law.

4.5 To the maximum extent permitted by law, we exclude liability (whether in contract, tort (including negligence), breach of statutory duty, or otherwise) for any indirect, special, punitive or consequential loss whether or not that loss arises out of something of which we have been made aware.

4.6 To the maximum extent permitted by law, our aggregate liability in respect of any claims made in connection with or arising out of the use of the Website or Services (whether in contract, tort (including negligence), breach of statutory duty, or otherwise) will be limited to the amount paid by you to us under these Terms in the 12 months immediately prior to the date upon which the cause of action arose.

4.7 You warrant that you are entitled to provide us with all information and materials supplied to us in the course of your use of the Website and Services and that our use of that information or material in connection with the Services will not infringe any applicable law or regulation or the rights of any third party, and you agree not to use the Website in any way which:

4.7.1 is unlawful;

4.7.2 may give rise to civil or criminal liability; or

4.7.3 may bring us or the Website or Service into disrepute.

4.8 You hereby agree to indemnify, defend and hold us and our officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all damage, loss, liability, regulatory action or action of any competent authority (including, without limitation, any action, investigation or proceedings by or on behalf of HMRC) expenses and costs (including reasonable legal fees) incurred by the Indemnified Parties in connection with any damage, loss, liability, expense, cost, claim or action arising out of or in connection with:

4.8.1 any fraud or fraudulent misrepresentation you commit;

4.8.2 any inaccuracy or defect in any of the information you have provided;

4.8.3 any breach of applicable law or regulation you commit;

4.8.4 your acts and omissions in connection with your use of the Services or your Account, any other person’s use of your Account;

4.8.5 any breach by you of these Terms (including any other terms referred to herein); and

4.8.6 third party claims arising from your use of the Website or Services or any use of your Account (whether or not such use was by you).

4.9 You shall cooperate with us in the defence of any claim. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.

4.10 Nothing in these Terms shall exclude or limit our liability for death or personal injury resulting from our negligence, nor any fraudulent representation.

5. Our rights to suspend or terminate the contract

We will contact you in advance to tell you if we will be suspending the Service, unless the problem is urgent or an emergency. We may terminate our agreement with you if we discontinue part or all of the Service in which case we will refund you any fees you have already paid for Service which has not been provided.

5.1 Without limiting any other rights we have, we may suspend or terminate access to your Account or the Service, or our agreement with you, if you breach any of these Terms.

5.2 Where it is necessary to ensure compliance with our legal obligations, best practices or our policies and procedures, we may limit your access to the Service or your Account.

5.3 If we have grounds to suspect that you are using the Service fraudulently or improperly we will limit your access to the Servce or your Account or suspend your Account until you are able to demonstrate to our satisfaction:

5.3.1 your identity; and

5.3.2 that no fraud or impropriety has occurred or been attempted.

5.4 We will try to give you reasonable notice of any anticipated termination of the Service.

6. General

6.1 If any part of these Terms is found to be unenforceable, it will be amended to the minimum extent necessary to make it enforceable and the remainder of the provisions will remain in full force and effect.

6.2 These terms are governed by English law and you and we agree that the courts of England shall have exclusive jurisdiction in respect of any disputes (including non-contractual disputes) arising from or in connection with these Terms or the Services.

6.3 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.