Terms & Conditions
GENIUS CROSS LTD
Company no. 10855155
Unit Q, 35 Astbury Road, London, SE15 2NL, United Kingdom
Phone: +44 (0) 208 13 30 332 FAX: +44 (0) 2035 14 271
E-mail: genius @ geniuscross . com
‘our’, ‘we’ and ‘us’ means GENIUS CROSS LTD and, where applicable, its officers, employees and authorised agents;
‘our site’ means our website or websites;
‘client’, ‘you’ and ‘your’ include any business with which you are associated and on behalf of which you use our site;
‘services’ means the company formation service and other ancillary services offered on our site and where relevant includes any goods supplied by us; and
2. Terms and Conditions
2.1 When requesting services from our site you agree to comply with the on-line ordering procedure as prompted on our site.
2.2 When requesting services for the first time we will give you an individual user account user name on the basis that you must use this account when requesting services from us.
2.3 These terms and conditions shall apply to all contracts you make with us. GENIUS CROSS LTD time you use our services you are offering to contract with us on the basis of these terms and conditions. All access to our site is subject to these terms and conditions. No other terms and conditions will apply to our supply of goods or services.
3. Your Obligations
3.1 We accept orders on the basis that the person placing the order is liable to pay us for the services. It is your responsibility to ensure the security of your user account. You will be liable to pay for any services ordered on that account until we receive notice from you to the contrary.
3.2 We only provide services on the basis that you have given us full and proper instructions and the authority to lawfully carry out those instructions.
3.3 You undertake to ensure the accuracy and completeness of the information you provide us and accept all liability for the rejection of documents due to inaccuracies or incompleteness.
3.4 It is your responsibility to ensure that any company name or domain name you choose is available for registration and can be lawfully used by you. We accept no liability for your choice of name.
3.5 Once we have accepted a request for services you may contact us via our site or at the postal address displayed on our site to ask that your request be withdrawn. Given the nature of the services we provide it will be entirely at our discretion whether or not you are entitled to a refund for those services. In the exercise of such discretion we will consider the extent to which we have commenced work on the provision of that service.
3.6 If you have chosen to use any of our services i.e. Registered office or Nominee Secretary it is your responsibility to maintain your company lawfully and not to attract creditors or any legal entities to our Registered office.
4. Our Obligations
4.2 On accepting a request for services from you we will acknowledge our acceptance and confirm the details you have supplied us with by way of e-mail. Our acceptance of instructions is deemed to have occurred at the time of our sending the e-mail and not at the time of your receipt.
4.3 Until we receive further instruction from you we will keep, to your credit, any application or filing fee that is returned to us on the rejection of any application or filing.
4.4 In the event of Companies House rejecting an application or submission you will have seven days to re-submit the application with appropriate corrections at no extra charge.
4.5 If you request we open a bank account for your new company, a service offered on our site, we will open the account in the name of your company. We accept no responsibility for the bank account other than opening it in such a manner and otherwise in accordance with the description posted on our site.
5. Price and Payment
5.1 The prices payable for services that you order are set out on our site. We reserve the right to vary these prices from time to time and post such changes on our site. Fees charged by Companies House are those in force from time to time as charged by Companies House.
5.2 Payment will be made by credit card, PayPal nebo bank transfer using the procedure set out on our site at the time of ordering. The price of services you order will be confirmed at the time of the request.
5.3 You agree to pay the prices set out on our website for services selected by clicking the accept button.
5.4 Any Accountancy service purchased covers a twelve month period unless otherwise stated.
6.1 Time is not of the essence for the performance of the services. We will use our reasonable endeavours to meet the time estimates given on our site but these remain estimates and in particular we accept no responsibility for delay caused by third parties or for reasons outside our control (such as the unavailability of the world wide web or for computer systems or telecommunications failure).
6.2 We are not obliged to accept any request or to continue to perform any service. We reserve the right to reject any request or to discontinue the performance of any service without liability.
7. Exclusion and Limitations
7.1 We make no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in our site. The information contained in our site may contain technical inaccuracies or typographical errors and is intended to be a general indication of our services only. Any implied terms including those as to quality, fitness for purpose, compliance with description or sample are excluded unless you deal as a consumer. If you do deal as a consumer these terms do not affect your statutory rights.
7.2 Except in claims relating to death or personal injury resulting from negligence or as otherwise prescribed by law our liability for any loss or damage (compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties) arising out of any single claim will be limited to the value of re-supplying our site or relevant services to you.
7.3 You agree that this limitation is reasonable having regard to the nature of our site and in particular given that when you purchase information or services through our site you will enter into a separate contract with us in GENIUS CROSS LTD case.
7.4 GENIUS CROSS LTD of the provisions of this clause 7 shall be construed as a separate, and severable, provision of these terms and conditions.
8.1 We reserve the right at any time without notice to revise the content of our site (including the services, products and company domicile offered by us) and the terms and conditions. Any changes to the terms and conditions will be posted on our site and by continuing to use our site following any such change you will signify that you agree to be bound by the revised terms and conditions.
9. Termination of Access
9.1 We reserve the right in our sole discretion to deny users access to our site or any part of our site without notice and to decline to provide the service to any user that is in GENIUS CROSS LTD of the terms and conditions.
10. Links to other sites
10.1 Certain links, including hypertext links, in our site may take you outside our site. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of any website outside our site.
11. Force Majeure
11.1 We shall not be liable to you for any GENIUS COSS LTD of the terms and conditions or any failure to provide or delay in providing our services through our site resulting from any event or circumstance beyond our reasonable control including, without limitation, breakdown of systems or network access, fire, explosion or accident.
12. Privacy Data Protection
12.2 GENIUS CROSS LTD and the Client shall comply with all obligations arising under the Data Protection Act 1998 and GENIUS CROSS LTD terms and conditions in relation to any Personal Data processed by GENIUS CROSS LTD or the Client for the purpose of Services. When acting as a Data Processor, GENIUS CROSS LTD shall act only on instructions from the Client as Data Controller. GENIUS CROSS LTD will take appropriate technical and organisational measures against unauthorised or unlawful processing of such Personal Data and against accidental loss or destruction of, or damage to, such Personal Data.
We take our obligations of confidentiality and the protection of your personal data very seriously. We will not, therefore, sell or make you data available to any third party without your prior consent, except for the following limited purposes. Your data may be passed to other companies, partnerships or organisations in the same or associated management or control as ourselves for marketing purposes or to provide you with new product information that we think may be of interest to you. You agree that we or our associates may communicate with you by telephone, email, fax, or by post to advise you of new products or services that we or our associates may offer. You understand that your data may be transmitted and stored overseas including outside the European Union as part of these processes.
13. Ownership Rights
13.1 All rights in the design, text, graphics and other material on our site and the selection or arrangement thereof are the copyright of us or other third parties. Permission is granted to electronically copy and print in hard copy portions of our site solely in connection with the acquisition of goods or services through our site. Any other use of materials on our site (including reproduction for purposes other than those noted above and alteration, modification, distribution, or republication) without our prior written permission is strictly prohibited.
14. Third Party Rights
14.1 These terms and conditions are not intended to be enforceable by any third party as provided by the Contracts (Rights of Third Parties) Act 1999.
15.1 Our relationship with you will be governed by English law and will be subject to the exclusive jurisdiction of the English courts.
16.1 Termination of Service
16.1 We reserve the right in our sole discretion to terminate any service i.e. Registered Office, Nominee Secretary without notice and to decline to provide the service to any user that is in GENIUS CROSS LTD of the terms and conditions.
If for some reason an event occurs that relates to clause 3.6 we will implement our terms in clause 16.1 and remove our nominee or domicile from an entity and change it to the contact details of the user upon that account.
18. Refund and Cancellation Policy
18.1 Given the nature of the services we provide it will be entirely at our discretion whether or not you are entitled to a refund for those services. In the exercise of such discretion we will consider the extent to which we have commenced work on the provision of that service and if a refund is authorised a 10% admin fee will be deducted from any refund due. If we execute a termination of service, at no point a refund of monies will be granted for services provided. It is possible to cancel any service providing that we receive a notification of cancellation to our office, but at no point will a refund be granted for any services provided.
19. Metro Bank Account Referral Service
19.1 Directly by Metro Bank for the purposes of fulfilling the bank account request.
19.3 The Business Bank Accounts are opened by and provided by Metro Bank and subject to the terms and conditions as set forth by Metro Bank at the time of account opening.
Where you request a bank account through The Business Bank Account Referral Service you confirm that you agree to your details being submitted on your behalf to Metro Bank and to being contacted directly by Metro Bank for the purposes of fulfilling the bank account request.
19.2 Where you request a bank account through The Business Bank Account Referral Service on behalf of a third party for whom you are making a company formation application, you confirm that the third party has agreed to their details being submitted on their behalf to Metro Bank and to being contacted.
21. Mail Forwarding
21.1 The Client will be responsible for all resulting forwarding and service charges. This Agreement starts on the day the client has placed an order and paid the fee for a service and continues for the term specified in the order and thereafter until terminated by either party by giving one month’s written notice to the other. Notices to terminate the Agreement must be in by email or in writing and delivered to an authorised representative of the other party concerned or sent by registered mail. Upon termination of the Agreement, it is the Client’s responsibility to notify all parties of the change of address. Subsequent mail sent to GENIUS CROSS LTD will be returned to sender. Fees for the provision of the service are payable in advance on the standard date specified when the order for the service was placed.
21.2 GENIUS CROSS LTD reserves the right to refuse to accept any items delivered that it considers to exceed reasonable size, weight, volume or quantity without prior agreement. GENIUS CROSS LTD will not accept any dangerous, live, and perishable goods. GENIUS CROSS LTD does not guarantee or assume responsibility for any of the services hereunder. The Client warrants that it will not use any of the rights granted in these terms for any obscene, illegal, immoral or defamatory purposes and will not in any way bring GENIUS CROSS LTD into disrepute. The Client will not in any way whatsoever use or combine GENIUS CROSS LTD name, in whole or in part, for the purpose of trading activities. GENIUS CROSS LTD will not be liable for any loss sustained to the client as a result of any mechanical breakdown, delay, or failure of any staff or manager to perform their duties. In no circumstances will GENIUS CROSS LTD be liable for any loss or damage whatsoever, including liability for indirect or consequential losses or loss of profits.
22. Returns Policy
We want you to be completely satisfied with your purchase. Please let us know if you are not entirely satisfied with our products or our service, so that we can rectify the situation. If you are not completely satisfied with any item you ordered, return it, if possible in the original packaging (with your customer Invoice) within 7 days of the date of receipt and we will request a refund. Please note we are only able to accept items that have not been used or any service that has been processed.
GENIUS CROSS LTD reserve the right to refuse the return of products which are not returned in accordance with our Returns Procedure and we may request that you pay for the shipping of such goods back to you. Nothing in this Returns Policy affects your statutory rights or your rights under any contract you may have with us.
23. Anti Money Laundering
GENIUS CROSS LTD are regulated by the Money Laundering, Terrorist Financing and Transfer of Funds Regulations 2017 (“MLR 2017”). As a Company Service Provider we have an ongoing responsibility to perform regular checks on any company and its officers and beneficial owners to which we provide ongoing services. Your acceptance of these Terms and Conditions authorises us to security check any mail delivered to our address in respect of any company you have formed through this website or have engaged us to provide ongoing services to. In the event that any of our checks uncover information or activities that are illegal, unethical or otherwise outside of our risk appetite then we reserve the right to terminate services without notice and without a refund. We may require you to provide evidence of your identity and address in the form of original certified documents to satisfy our internal Anti-Money Laundering procedures. Failure to comply with any request for such documents within a reasonable time frame may result in the termination of services. No refund shall be given for the termination of services resulting from your failure to satisfactorily comply with our Anti-Money Laundering procedures.
Created and agreed in London on 01/09/2017.
Mr Frank Cross