Terms of Engagement
Between Then Tax Refunds Ltd (“Us”, “We”, “Ours”) and (“You, Yours”)
1. OUR SERVICES
1.1 What we will do:
(a) We will undertake an Initial Assessment
(b) Based on the information you provide, if there is a valid potential claim for a PPI-related Tax Refund Claim then, subject to these terms of engagement, we may submit a Tax Form R40, (Claim for a refund of Income Tax deducted from savings and investments), Self-Assessment Amendment Claim, or Overpayment Relief Claim on your behalf and act as your agent and nominee for the purposes of making such a claim.
(c) Based on the information you provide, if there is a valid potential claim for a Non PPI-related Tax Refund Claim then, subject to these terms of engagement, we may submit a Tax Form P87 (Claim for income tax relief for your employment expenses) and/or a Marriage Allowance Claim on your behalf and act as your agent and nominee for the purposes of making such a claim.
(d) We will submit a Tax Form 64-8 (Authorising your agent) to HMRC on your behalf, allowing us to act as your agent and nominee.
(e) Tax Form R40, Tax Form 64-8, Self-Assessment Amendment Claim Form, Overpayment Relief Claim Form, Tax Form P87 and Marriage Allowance Claim Form are collectively referred to as the “Tax Form(s)” where relevant.
(f) Notwithstanding the submission to HMRC of a Tax Form R40 and/or a Tax Form P87 we will act as your agent and nominee, solely for the purposes and activities expressly set out in these terms of engagement. We shall not be responsible for the provision of tax or financial advice more generally, nor shall we be obliged to act as your agent and nominee for other individual or business tax affairs unless we have expressly agreed otherwise with you in writing. In entering into a Contract for the supply of our Services with us you acknowledge that:
(i) you shall remain responsible for all tax affairs and submissions to HMRC and/or any other relevant tax authorities save for those submissions which we have expressly agreed to undertake on your behalf in these terms of engagement; and
(ii) neither the performance by us of the Services nor the onward payment to you of any tax refund which is received as a result shall constitute advice on your individual or business tax affairs more generally, including whether it is appropriate for you to bring any tax refund claim in your circumstances or to accept any tax refund payment offered by HMRC as a result of our Services. Accordingly, you are encouraged to obtain independent tax advice if you require more general advice on your tax affairs outside of the Services.
1.2 What you agree to do:
(a) You agree to provide us with full and accurate information regarding:
(i) any PPI repayment claims which you have made;
(ii) details in relation to any Non PPI-related Tax Refund Claims which you would like for us to assess as part of our Initial Assessment; and
(iii) all such information regarding your more general tax affairs in the relevant tax years as may be reasonably required by us to enable us to undertake the Services, including your national insurance number, details of your relevant tax code bracket and any other information related to the use of your savings allowance.
(b) You agree to provide to us information which, to the best of your knowledge and belief, is correct. We don’t verify the information you give us unless we have expressly agreed to do so. We will submit a claim on your behalf based on the information provided to us and take no responsibility for the effect that the accuracy of this information has on the outcome of your claim.
(c) You agree that, where requested by us for the purposes of providing the Services to you, you will enter into such written documents as may reasonably be required to give us authority to:
(i) make such Data Subject Access Requests in accordance with Article 15 of the retained EU Law version of the General Data Protection Regulation;
(ii) undertake such soft or full search credit checks, as may be reasonably necessary for us to provide the Services;
(iii) receive relevant data for us to process your claim(s) from third parties, including but not limited to Allay.
(d) Based on the information you provide us, if there is a valid potential claim for a PPI-related Tax Refund Claim, or if there is a valid potential claim for a Non PPI-related Tax Refund Claim you agree to:
(i) complete and sign the relevant Tax Form(s) and authorise us to submit these to HMRC on your behalf so that we may act as your agent and nominee for the purposes of making such a claim. This means that any repayment which may be due to you in respect of the claim will be paid to us on your behalf;
(e) Where you have already signed and submitted any Tax Form(s) to us and that tax form requires missing and/or updated information which you subsequently submit to us (such as national insurance number details / tax code information, claim values etc), then you authorise us to amend the relevant Tax Form on your behalf.
(f) You agree to provide us with your bank account details so that we may pay any tax refund which we receive from HMRC as your agent and nominee as a result of the Services (after deduction of our Fee), directly to you by way of bank transfer.
(g) You agree to tell us straight away if your contact or repayment/bank account details change or if you appoint an alternative tax agent at any time after having signed the Tax Form 64-8 authorising us to act as your tax agent.
1.3 It is entirely at the discretion of HMRC to accept the submission of any tax refund claim which we may seek to submit on your behalf and/or to progress any tax refund claim which has been submitted. For example, HMRC may from time to time impose restrictions on the number of claims which may be accepted for submission and/or processed in any period. Accordingly, we can give no representation or guarantees in relation to the time frame for the acceptance or processing by HMRC of any tax claim made by us on your behalf or the performance by us of the Services more generally.
2. YOUR CONTRACT WITH US
2.1 Subject to paragraph 2.2 below, the contract between you and us for the provision of the Services by us and which shall incorporate these terms of engagement (the “Contract“), shall come into effect on the date on which you sign to indicate your acceptance and consent to these terms of engagement (“Commencement Date“).
2.2 You acknowledge and agree that, notwithstanding the commencement of the Contract in accordance with paragraph 2.1 above, we are unable to provide the Services until we have received all of the written documents of authority which are reasonably required by us to perform the Services (as set out at paragraph 1.1 above). We shall have no liability to you to the extent that any failure by us to perform the Services or any part thereof has arisen as a result of:
(a) your failure to provide the information and any written documents of authority which are reasonably required by us to perform the Services, or
(b) you having withdrawn your authority for us to act as your agent and nominee (to the extent that the relevant part of the Services requires us to act as your nominee or agent); or
(c) you having appointed an alternative tax agent meaning that we are unable to be appointed as your tax agent (to the extent that the relevant part of the Services requires us to do so).
2.3 Where you are engaging our Services online or over the telephone you have a period of 14 days from the Commencement Date during which you may change your mind and cancel the contract between us for the Services. Please note however that you will lose the right to cancel if the relevant Services have already been completed prior to our receipt of your notice of cancellation. In these circumstances the cancellation Fee due to us for any Services which we provide up to the date of cancellation will be payable. The cancellation fee payable by you is our average fee calculated on the date of cancellation.
2.4 If you wish to cancel the contract for Services during the 14 day cancellation period then you should contact us at cancellations@then.tax.
2.5 You acknowledge that, once we have performed the Services, it is entirely at the discretion of HMRC to accept any tax refund claim and/or to cancel any refund claim which is in progress. Even where you have cancelled the Contract between you and us within the 14 day cancellation period, it may not be possible to cancel any refund claim that is in progress at HMRC.
2.6 The information you have provided to us:
We will submit your refund request to HMRC using the information you have confirmed with us, as shown above.
3. OUR FEES
3.1 Our Services are provided to you on a “No-Win, No-Fee” basis. This means that:
(a) There will be no charge to you where our Initial Assessment is that no potential claim for the relevant type of tax refund from HMRC exists; and
(b) There will be no charge to you in the event that we make a tax refund claim to HMRC as your nominee or as your agent (where relevant) and that specific tax refund claim is unsuccessful.
3.2 Our Fee will be due and payable in the event that a tax refund is authorised by HMRC in relation to any Tax Form(s) (as relevant) which we have submitted as part of the Services. Our Fee will remain due and payable even in circumstances where you:
(a) choose to reject or otherwise not accept any refund which has been authorised by HMRC; or
(b) withdraw your Tax Form(s) (as relevant); or
(c) otherwise withdraw your authority for us to act as your nominee or as your agent (where relevant) or
(d) cancel your tax refund claim directly with HMRC at any time after we have performed the Services.
3.3 In the event HMRC make or offer to make a payment directly to you in relation to any Tax Form(s) (as relevant) which we have submitted as part of the Services, you must notify us of any such payment and you will be liable to us for the payment of the relevant Fee which is payable to us in accordance with these terms of engagement.
3.4 In circumstances where we do not know the exact amount of refund which has been authorised to be paid to you (e.g. because you have withdrawn your authority for us to act as your nominee or you have failed to inform us of a refund which was authorised as a result of our Services and which has been paid directly to you by HMRC), then we reserve the right to apply our Fee to such estimated tax refund amount as we may reasonably calculate as being due to you on the basis of the initial information which you have submitted to us.
3.5 Subject to the payment of our Minimum Fee (as discussed at paragraph 3.12 below), the fee for our Services is a sum equivalent to 40% plus VAT of any tax refund which is authorised to be paid to you by HMRC in relation to any Tax Form(s) (as relevant) which we have submitted as part of the Services (collectively, the “Fee“).
3.6 In the event that HMRC make a subsequent assessment of the tax refund you have been issued, deem the refund invalid, and request a repayment of the refund in full, our fee will remain entirely due to us by you and will be non-refundable.
3.7 We accept no responsibility for any delay or failure to issue the relevant refund to you as a result of HMRC providing insufficient information to allow us to correctly identify that the refund is yours. In these circumstances we will take all reasonable steps to gain the required confirmation from HMRC.
3.8 HMRC, at its sole discretion, may off-set any refund sums which it authorises as payable to you as a result of our Services, against outstanding tax liabilities owed by you to HMRC. In these circumstances a reduced or no tax refund may be received by you even where a successful tax refund claim has been made. Our Fee would still be payable to us in these circumstances and would be calculated on the basis of the total amount of tax refund which was authorised by HMRC and not the total amount of tax refund which is actually received. Subject to paragraph 3.12, you shall be liable to us in the event that there is any shortfall in the amount of Fee owed to us and the amount of tax refund which we actually receive as your agent and nominee.
3.9 Refunds from HMRC will be paid directly to us as your nominee (or, where relevant, as your agent) and our Fee will be deducted prior to our onward payment of those refund sums to you.
3.10 In the event that any other refunds or sums are sent to us by HMRC as a result of us acting as your nominee or agent, but which do not relate to a Tax Form(s) (as relevant) which we have submitted as part of the Services; then we shall refuse payment of such refunds or sums to our account (e.g. we may return the relevant cheque to HMRC). Where it is not possible to refuse payment of the relevant refunds or sums (e.g. because such refund or sums are combined with tax refunds which we are due to receive as your nominee) then our Fee would be applied to such elements of the refund or sums which relate to the Services we have performed only. All other elements of such refund or sums which do not relate to the performance by us of the Services would be paid on to you in full, without deduction of our Fee.
3.11 We may from time to time at our discretion agree with you that the percentage amount of Fee payable to us from you shall be less than the 40% plus VAT discussed at paragraph 3.5 above. We will discuss this with you where relevant.
3.12 A minimum fee of £10 (the “Minimum Fee“) applies to our Services. In the event that any refund obtained from HMRC on your behalf is less than or equal to this Minimum Fee then we will, close your case, and 100% of the refund obtained will be retained by us as payment for the services (unless we have agreed otherwise).
3.13 Subject to paragraph 3.8 above, we will make onward payment of any refund sums due to you from HMRC (following deduction of our Fee), by:
(a) bank transfer to such personal bank account as you have notified to us; or
(b) via a designated e-money account which we will open in your name. Where payment is made into an e-money account, you may draw down the relevant refund sums yourself or you may opt to use such funds directly from the designated e-money account.
3.14 In the event that we are unable to make payment to you by bank transfer or via a designated e-money account, either because you have failed to submit to us correct bank account details, or you have failed to provide us with any documentation we request in order to satisfy our AML obligations, or otherwise, then, subject to paragraph 3.15 below, we shall make payment to you by cheque or such alternative method of payment as may be agreed between us.
3.15 An administration fee of £15 (the “Admin Fee“) will apply to all onward payment methods, including cheques, except for bank transfer made directly to your own personal account or payment to a designated e-money account which we have opened in your name. Any Admin Fee payable to us shall be deducted by us prior to onward payment to you of any refund sums due.
3.16 A separate Admin Fee may be charged by us in respect of each additional attempt we are required to make to effect payment of any sums due to you (including contact via SMS, email or telephone, the re-issue of any cheques to you or the resending of sums via bank transfers where the initial bank account details supplied by you were incorrect), unless such additional payment attempts are required as a result of our actions.
3.17 Subject to paragraph 3.8 above, we shall take all reasonable steps to effect onward payment to you of any sums which we have received from HMRC on your behalf, during which period of time your portion of your refund shall remain in our client account. However, in the event that:
(a) We have contacted you no fewer than 10 times to try and arrange for payment of sums to you; and
(b) we are unable to effect any onward payment due to you within a period of 6 months from the date on which the relevant sum has been received by us from HMRC on your behalf; and
(c) such failure to effect repayment has arisen as a result of your actions, e.g. your failure to provide us with valid bank account details, your failure to authorise us to pay a designated e-money account, your failure to provide us with any documentation we request in order to satisfy our AML obligations, or your failure to cash any cheque issued to you by us within a period of 6 months;
then we shall reserve the right to donate any refund sums which we have received from HMRC on your behalf to a charity of our choice (following deduction of any Fees and Admin Fees which are due to us, including an additional Fee due for the onward payment to a charity). Where any sums are donated to charity in accordance with this paragraph then we shall have no further liability to you whatsoever in respect of the payment of any such sums.
4. IMPORTANT INFORMATION
4.1 You understand and agree that you could pursue a claim for a tax refund from HMRC independently for free, without the use of our Services or, alternatively, by using a registered Tax Agent of your choosing.
4.2 You acknowledge that any tax refunds by HMRC are made at the sole discretion of HMRC. Accordingly, in performing the Services (including the submission of any refund claim to HMRC on your behalf) we make no representation nor give any guarantee that your claim will be successful, nor that any refund will be obtained. Any example assessments of potential refunds which may be obtained are included for illustrative purposes only.
4.3 We shall have no liability to you in the event that HMRC refuses any tax refund claim or issues any incorrect tax refunds to you as a result of:
(a) any information which you have supplied to us having been incorrect;
(b) your failure to provide in a timely manner, any information which is requested by us or by HMRC in order to process your claim(s)
(c) HMRC determining you are in arrears; or
(d) you being and/or having been declared insolvent, either by way of Bankruptcy Order and/or Debt Relied Order.
4.4 Nothing in the Contract or these terms of engagement limits any liability which cannot legally be limited, including without limitation liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation.
4.5 Subject to paragraph 4.4, if you are a business, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty or otherwise, arising under or in connection with these terms of engagement for any indirect or consequential loss.
4.6 Subject to paragraph 4.4, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty or otherwise, arising under or in connection with these terms of engagement of any Contract which incorporates them, for any loss arising as a result of:
(a) our complying with our legal and regulatory duties, such as delays or disclosures arising in the context of compliance with anti-money laundering legislation;
(b) circumstances beyond our reasonable control (for example, any outages or delays suffered by HMRC).
4.7 You agree that any or all of our obligations under the Contract may be transferred to one or more replacement provider(s) by giving you notice via written or electronic communication. If you’re unhappy with the transfer, you can end the Contract between us within 5 business days of us telling you about the transfer.
4.8 The benefit of any or all of our rights under or relating to the Contract may be assigned to any of our affiliates, funders, investors, or any other third party, without prior notice to you.
4.9 You can only transfer your Contract with us to someone else if we agree to this.
4.10 Nobody else has any rights under the Contract. The Contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
4.11 If a court invalidates some of the Contract, the rest of it will still apply. If a court or other authority decides that some of the terms included within these terms of engagement are unlawful, the rest will continue to apply.
4.12 Even if we delay in enforcing the Contract, we can still enforce it later. We might not immediately chase you for doing something you’re not allowed to, but that doesn’t mean that we can’t do this later.
4.13 We may from time to time make changes to the Services, the Contract, our privacy policy or these terms of engagement of which we are required to reflect changes in relevant laws and regulatory requirements. Where we wish to make changes which are not required by relevant laws or regulatory requirements, then we shall notify you of these changes.
4.14 We will use your personal data as set out in our privacy notice. www.then.tax/privacy-policy.
4.15 These terms of engagement and the Contract are governed by English law and you and we agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with its subject matter or formation.
Please note, the above Terms and Conditions were in place from 08/12/2023.
TERMS OF ENGAGEMENT
Between Then Tax Refunds Ltd (“Us”, “We”, “Ours”). and You
(“You, Yours”)
1. OUR SERVICES
1.1
What we
will do:
(a)
We will undertake an Initial Assessment as follows
(i)
Where an individual has made a successful repayment claim in
respect of Payment Protection Insurance (PPI), it is possible that tax in
relation to the interest element of any such repayment may have been
automatically deducted by HMRC. We will review the details of any successful
previous PPI repayment claims, in respect of which we have been provided the
details, in order to assess (at our sole discretion) whether you may have a
potential claim for a refund from HMRC in respect of any such deducted
tax
(a “PPI-related
Tax Refund Claim“)
(ii) Where you have submitted the relevant details to us, we may
also undertake an assessment (at our sole discretion) of whether you may have a
potential claim for a refund from HMRC in respect of the following:
(A) Any tax claim type covered by the form P87
(B) Marriage Allowance Claims
(a “Non
PPI-related Tax Refund Claim“).
(b)
Where we assess that there is a valid potential claim for a
PPI-related Tax Refund Claim then, subject to these terms of engagement, we may
submit a Tax Form R40, (Claim for a refund of Income Tax deducted from savings
and investments), Self-Assessment Amendment Claim, or Overpayment Relief Claim
on your behalf and act as your nominee for the purposes of making such a
claim.
(c) Where we asses there is a valid potential claim for a Non
PPI-related Tax Refund Claim then, subject to these terms of engagement, we may
submit a Tax Form P87 (Claim for income tax relief for your employment
expenses) and/or a Marriage Allowance Claim on your behalf and act as your
nominee for the purposes of making such a claim.
(d) Following submission of the relevant claim (whether a Non
PPI-related Tax Refund Claim or a PPI-related tax refund claim), it may be
necessary for us to act as your agent for the purposes of further investigating
and pursuing the relevant claim with HMRC on your behalf. Where we
consider it necessary to do so and provided that you have first signed a Tax
Form 64-8 (Authorising your Agent), we will submit this form to HMRC to
authorise us to act on your behalf.
(e) Where we intend to submit a Tax Form 64-8 (Authorising your
agent) on your behalf, we will give you not less than 14 days’ written notice
of our intention to do so. During this 14 day period you must tell us if:
(i)
you have appointed any other tax agent since signing the Tax Form
64-8 in accordance with these terms of engagement (in which case we will be
unable to act as your agent until you have withdrawn from HMRC the Form 64-8
which you have submitted in favour of the other agent); or
(ii) you no longer wish for us to submit the Tax Form 64-8 to HMRC
on your behalf.
(f)
Where you withdraw your authority for us to submit the Tax Form
64-8 on your behalf, or, where we are unable to submit the Tax Form 64-8 on
your behalf or where this is rejected because you have already appointed
another agent, then we will be unable to act as your agent and will not be able
to further investigate or pursue any tax claim with HMRC on your behalf.
We will remain appointed as your nominee for the purposes of receiving
payment of any successful claim which has already been submitted via the Tax
Form R40 and/or the Tax Form P87; however, we will not be able to give you any
further information regarding the progress or status of any such claim which is
in progress.
together
the “Services“
1.2 What we
will not do:
(a)
We will not undertake an Initial Assessment or submit any tax
refund claim in respect of any tax matter which has not been expressly listed
at paragraph 1.1(a) above
(b) We will not submit a PPI-related Tax Refund Claim and/or a Non
PPI-related Tax Refund Claim to HMRC where:
(i)
our Initial Assessment is that no potential claims for the
relevant tax refunds from HMRC exists;
(ii) We are unable to do so as a result of your failure to provide
the relevant information and/or complete and sign all of the relevant paperwork
as set out in paragraph 1.3 below.
(c)
We will not submit the Tax Form 64-8 to authorise us to act as
your agent where you have subsequently told us that you have appointed an
alternative tax agent or where you no longer wish for us to act as your agent.
(d) Notwithstanding the submission to HMRC of a Tax Form R40
and/or a Tax Form P87 we will act as your nominee (or, where a Tax Form 64-8
has been submitted on your behalf, we will act as your agent), solely for the
purposes and activities expressly set out in these terms of engagement. We
shall not be responsible for the provision of tax or financial advice more
generally, nor shall we be obliged to act as your nominee or agent for other
individual or business tax affairs unless we have expressly agreed otherwise
with you in writing. In entering into a Contract for the supply of our Services with
us you acknowledge that:
(i)
you
shall remain responsible for all tax affairs and submissions to HMRC and/or any
other relevant tax authorities save for those which we have expressly agreed to
undertake on your behalf in these terms of engagement; and
(ii) neither
the performance by us of the Services nor the onward payment to you of any tax
refund which is received as a result shall constitute advice on your individual
or business tax affairs more generally, including whether it is appropriate for
you to bring any tax refund claim in your circumstances or to accept any tax
refund payment offered by HMRC as a result of our Services. Accordingly, you
are encouraged to obtain independent tax advice if you require more general
advice on your tax affairs.
1.3
What you
agree to do:
(a)
You agree to provide us with full and accurate information
regarding:
(i)
any PPI repayment claims which you have made;
(ii) details in relation to any Non PPI-related Tax Refund Claims
which you would like for us to assess as part of our Initial Assessment; and
(iii) all such information regarding your more general tax affairs
in the relevant tax years as may be reasonably required by us to enable us to
undertake the Services, including your national insurance number and details of
your relevant tax code bracket.
(b)
You agree to provide to us information which, to the best of your
knowledge and belief, is correct. We don’t verify the information you give us,
unless we have expressly agreed to do so.
(c) You agree that, where requested by us for the purposes of
providing the Services to you, you will enter into such written documents as
may reasonably be required to give us authority to:
(i)
make such Data Subject Access Requests in accordance with Article
15 of the retained EU Law version of the General Data Protection Regulation;
(ii) undertake such soft or full search credit checks,
as may be reasonably necessary for us to provide the Services
(iii) receive relevant data for us to process your claim(s) from
third parties, including but not limited to Allay
(d)
Where we assess that there is a valid potential claim for a
PPI-related Tax Refund Claim, you agree to:
(i)
complete and sign a Tax Form R40 (Claim for a refund of Income Tax
deducted from savings and investments) and authorise us to submit this to HMRC
on your behalf so that we may act as your nominee for the purposes of making
such a claim. This
means that any repayment which may be due to you in respect of the claim will
be paid to us on your behalf;
(ii) complete and sign a Tax Form 64-8(Authorising your Agent) and
authorise us to submit this to HMRC on your behalf so that we may act as your
agent where we believe this is necessary for the purposes of investigating and
pursuing the relevant claim. , this means that any repayment which may be due to you from HMRC
in respect of any of your tax affairs will be paid to us on your behalf.
If you have already appointed another tax agent then we may not be
appointed as your tax agent until you have withdrawn the authority appointing
the other tax agent. Where another tax agent exists, we may only receive
payment in respect of your Non PPI-related Tax refund claim as your nominee (as
per clause 1.3(d)(i) above).
(e)
Where we assess that there is a valid potential claim for a Non
PPI-related Tax Refund Claim, you agree to:
(i)
complete and sign a Tax Form P87 (Claim for income tax relief for
your employment expenses) and/or Marriage Allowance Claim Form and authorise us
to submit these to HMRC on your behalf so that we may act as your nominee for
the purposes of making such a claim. This means that any
repayment which may be due to you in respect of the claim will be paid to us on
your behalf;; and
(ii) complete and sign a Tax Form 64-8(Authorising your Agent) and
authorise us to submit this to HMRC on your behalf so that we may act as your
agent where we believe this is necessary for the purposes of investigating and
pursuing the relevant claim. This means that any repayment which may be due to you from HMRC
in respect of any of your tax affairs will be paid to us on your behalf.
If you have already appointed another tax agent then we may not be
appointed as your tax agent until you have withdrawn the authority appointing
the other tax agent. Where another tax agent exists, we may only receive
payment in respect of your Non PPI-related Tax refund claim as your nominee (as
per clause 1.3(e)(i) above).
(f)
Where you have already signed and submitted any tax form to us and
that tax form is missing any information which you subsequently submit to us
(such as national insurance number details / tax code information), then you
authorise us to amend the relevant tax form to include this information only on
your behalf. Where any other type of amendment to the relevant tax form
is needed or where we require you to sign another document then we will contact
you with options as to how to proceed.
(g) You agree to provide us with your bank account details so that
we may pay any tax refund which we receive from HMRC as your nominee or agent
as a result of the Services (after deduction of our Fee), directly to you by
way of bank transfer;
(h) You agree to tell us straight away if your contact or
repayment/bank account details change or if you appoint an alternative tax
agent at any time after having signed the Tax Form 64-8 authorising us to act
as your tax agent.
1.4
Further details about us and the services which we provide are
available at www.then.tax.
1.5 It is entirely at the discretion of HMRC to accept the
submission of any tax refund claim which we may seek to submit on your behalf
and/or to progress any tax refund claim which has been submitted, for example
HMRC may from time to time impose restrictions on the number of claims which
may accepted for submission and/or processed in any period. Accordingly,
we can give no representation or guarantees in relation to the time frame for
the acceptance or processing by HMRC of any tax claim made by us on your behalf
or the performance by us of the Services more generally.
2. YOUR
CONTRACT WITH US
2.1 Subject to paragraph 2.2 below, the contract between you and
us for the provision of the Services by us and which shall incorporate these
terms of engagement (the “Contract“), shall come into effect on the date on which you click to
indicate your acceptance of these terms of engagement (“Commencement Date“)
2.2 You acknowledge and agree that, notwithstanding the
commencement of the Contract in accordance with paragraph 2.1 above, we are
unable to provide the Services until we have received all of the information
and any written documents of authority which are reasonably required by us to
perform the Services (as set out at paragraph 1.3 above). We have shall
no liability to you to the extent that any failure by us to perform the
Services or any part thereof has arisen as a result of:
(a)
your failure to provide the information and any written documents
of authority which are reasonably required by us to perform the Services, or
(b) You having withdrawn your authority for us to act as your
nominee or agent (to the extent that the relevant part of the Services requires
us to act as your nominee or agent); or
(c) You having appointed an alternative tax agent meaning that we
are unable to be appointed as your tax agent (to the extent that the relevant
part of the Services requires us to do so)
2.3
Where you are engaging our Services online or over the telephone
you have a period of 14 days from the Commencement Date during which you may
change your mind and cancel the contract between us for the Services.
Please note however that you will lose the right to cancel if the
relevant Services have already been completed prior to our receipt of your
notice of cancellation. In these circumstances any Fees due to us for any
Services which we provide up to the date of cancellation will be payable.
2.4 If you wish to cancel the contract for Services during the 14
day cancellation period then you should contact us at info@then.tax
2.5 You acknowledge that, once we have performed the Services, it
is entirely at the discretion of HMRC to accept any tax refund claim and/or to
cancel any refund claim which is in progress. Even where you have
cancelled the Contract between you and us within the 14 day cancellation
period, it may not be possible to cancel any refund claim that is in progress
at HMRC.
2.6 The information you have provided to us:
We
will submit your refund request to HMRC using the information you have
confirmed with us, as shown above.
3. OUR FEES
3.1 Our Services are provided to you on a “No-Win, No-Fee” basis.
This means that:
(a)
There will be no charge to you where our Initial Assessment is
that no potential claim for the relevant type of tax refund from HMRC exists;
and
(b) There will be no charge to you in the event that we make a tax
refund claim to HMRC as your nominee or as your agent (where relevant) and that
specific tax refund claim is unsuccessful
3.2
Our Fee will be due and payable in the event that a tax refund is
authorised by HMRC in relation to any Tax Form R40, a Self-Assessment Amendment
Form, an Overpayment Relief Claim Form, a Tax Form P87 and/or Marriage
Allowance Form (as relevant) which we have submitted as part of the Services.
Our Fee will remain due and payable even in circumstances where you:
(a)
choose to reject or otherwise not accept any refund which has
been authorised by HMRC; or
(b) withdraw your Tax Form R40, Self-Assessment Amendment Form,
Overpayment Relief Claim Form, Tax Form P87 and/or Marriage Allowance Form (as
relevant); or
(c) otherwise withdraw your authority for us to act as your
nominee or as your agent (where relevant) or
(d) cancel your tax refund claim directly with HMRC at any time
after we have performed the Services.
3.3
In the event HMRC make or offer to make a payment directly to you
in relation to any Tax Form R40, Self-Assessment Amendment Form, Overpayment
Relief Claim Form, Tax Form P87 and/or Marriage Allowance Form (as relevant)
which we have submitted as part of the Services, you must notify us of any such
payment and you will be liable to us for the payment of the relevant Fee which
is payable to us in accordance with these terms of engagement.
3.4 In circumstances where we do not know the exact amount of
refund which has been authorised to be paid to you (e.g. because you have
withdrawn your authority for us to act as your nominee or you have failed to
inform us of a refund which was authorised as a result of our Services and
which has been paid directly to you by HMRC), then we reserve the right to
apply our Fee to such estimated tax refund amount as we may reasonably
calculate as being due to you on the basis of the initial information which you
have submitted to us.
3.5 Subject to the payment of our Minimum Fee (as discussed at
paragraph 3.10 below), the fee for our Services is a sum equivalent to 48%
(inclusive of VAT where applicable) of any tax refund which is authorised to be
paid to you by HMRC in relation to any Tax Form R40 and/or a Tax Form P87
and/or Marriage (as relevant) which we have submitted as part of the Services
(the “Fee“).
3.6 HMRC, at
its sole discretion, may off-set any refund sums which it authorises as payable
to you as a result of our Services, against outstanding tax liabilities owed by
you to HMRC. In these circumstances a reduced or no tax refund may be
received by you even where a successful tax refund claim has been made.
Our Fee would still be payable to us in these circumstances and would be
calculated on the basis of the total amount of tax refund which was authorised
by HMRC and not the total amount of tax refund which is actually received.
Subject to paragraph 3.10, you shall be liable to us in the event that
there is any shortfall in the amount of Fee owed to us and the amount of tax
refund which we actually receive as your nominee.
3.7 Refunds from HMRC will be paid directly to us as your nominee
(or, where relevant, as your agent) and our Fee will be deducted prior to our
onward payment of those refund sums to you.
3.8 In the event that any other refunds or sums are sent to us by
HMRC as a result of us acting as your nominee or agent, but:
(a)
which do not relate to a Tax Form R40, a Self-Assessment Amendment
Form, an Overpayment Relief Claim Form, a Tax Form P87 and/or Marriage
Allowance (as relevant) which we have submitted as part of the Services; or
(b) which relate to tax years other than the tax years for which
we have submitted a Tax Form R40, a Self-Assessment Amendment Form, an
Overpayment Relief Claim Form, a Tax Form P87 and/or Marriage Allowance,
then
we shall refuse payment of such refunds or sums to our account (e.g. we may
return the relevant cheque to HMRC). Where it is not possible to refuse
payment of the relevant refunds or sums (e.g. because such refund or sums are
combined with tax refunds which we are due to receive as your nominee) then our
Fee would be applied to such elements of the refund or sums which relate to the
Services we have performed only. All other elements of such refund or
sums which do not relate to the performance by us of the Services would be paid
on to you in full, without deduction of our Fee.
3.9 We may from time to time at our discretion agree with you
that the percentage amount of Fee payable to us from you shall be less than the
48% (inclusive of VAT where applicable) discussed at paragraph 3.5 above.
We will discuss this with you where relevant.
3.10 A minimum fee of £10 (the “Minimum Fee“) applies to our Services. In
the event that any refund obtained from HMRC on your behalf is less than or
equal to this Minimum Fee then we will close your case, and 100% of the refund
obtained will be retained by us as payment for the Services. Unless we
have agreed otherwise with you in writing in advance, you will not be required
to pay any additional charges to us where the tax refund (if any) obtained from
HMRC is less than the Minimum Fee payable to us.
3.11 Subject to paragraph 3.8 above, we will make onward payment
of any refund sums due to you from HMRC (following deduction of our Fee), by:
(a)
bank transfer to such personal bank account as you have notified
to us; or
(b) via a designated e-money account which we will open in your
name. Where payment is made into an e-money account, you may draw down
the relevant refund sums yourself or you may opt to use such funds directly
from the designated e-money account.
3.12
In the event that we are unable to make payment to you by bank
transfer or via a designated e-money account, either because you have failed to
submit to us correct bank account details or otherwise, then, subject to
paragraph 3.13 below, we shall make payment to you by cheque or such
alternative method of payment as may be agreed between us.
3.13 An administration fee of £15 (the “Admin Fee“) will apply to all onward payment
methods except for bank transfer made directly to your own personal account or
payment to a designated e-money account which we have opened in your name.
Any Admin Fee payable to us shall be deducted by us prior to onward
payment to you of any refund sums due.
3.14 A separate Admin Fee may be charged by us in respect of each
additional attempt we are required to make to effect payment of any sums due to
you (including contact via SMS, email or telephone, the re-issue of any cheques
to you or the resending of sums via bank transfers where the initial bank
account details supplied by you were incorrect), unless such additional payment
attempts are required as a result of our actions.
3.15 Subject to paragraph 3.8 above, we shall take all reasonable
steps to effect onward payment to you of any sums which we have received from
HMRC on your behalf, during which period of time your portion of your refund
shall remain in our client account. However, in the event that:
(a)
We have contacted you no fewer than 10 times to try and arrange
for payment of sums to you; and
(b) we are unable to effect any onward payment due to you within
a period of 12 months from the date on which the relevant sum has been received
by us from HMRC on your behalf; and
(c) such failure to effect repayment has arisen as a result of
your actions, e.g. your failure to provide us with valid bank account details,
your failure to authorise us to pay a designated e-money account, or your failure
to cash any cheque issued to you by us within a period of 12 months
then
we shall reserve the right to donate any refund sums which we have received
from HMRC on your behalf to a charity of our choice (following deduction of any
Fees and Admin Fees which are due to us, including an additional Admin Fee for
the onward payment to a charity). Where any sums are donated to charity
in accordance with this paragraph then we shall have no further liability to
you whatsoever in respect of the payment of any such sums.
4. IMPORTANT INFORMATION
4.1 You
understand and agree that you could pursue a claim for a tax refund from HMRC
independently for free, without the use of our Services or, alternatively, by
using a registered Tax Agent of your choosing.
4.2 You
acknowledge that any tax refunds by HMRC are made at the sole discretion of
HMRC. Accordingly, in performing the Services (including the submission
of any refund claim to HMRC on your behalf) we make no representation nor give
any guarantee that your claim will be successful, nor that any refund will be
obtained. Any example assessments of potential refunds which may be
obtained are included for illustrative purposes only.
4.3 We shall have no liability to you in the event that HMRC
refuses any tax refund claim or issues any incorrect tax refunds to you as a
result of:
(a)
any information which you have supplied to us having been
incorrect; or
(b) your failure to provide in a timely manner, any further
information which is requested by us or by HMRC in order to process your
claim(s).
4.4
Nothing in the Contract or these terms of engagement limits any
liability which cannot legally be limited, including without limitation
liability for death or personal injury caused by negligence, fraud or
fraudulent misrepresentation
4.5 Subject to paragraph 4.4, if you are a business, we will not
be liable to you, whether in contract, tort (including negligence), for breach
of statutory duty or otherwise, arising under or in connection with these terms
of engagement for any indirect or consequential loss.]
4.6 Subject to paragraph 4.4, we will not be liable to you,
whether in contract, tort (including negligence), for breach of statutory duty
or otherwise, arising under or in connection with these terms of engagement of
any Contract which incorporates them, for any loss arising as a result of:
(a)
our complying with our legal and regulatory duties, such as delays
or disclosures arising in the context of compliance with anti-money laundering
legislation;
(b) circumstances beyond our reasonable control (for example, any
outages or delays suffered by HMRC).
4.7
You agree that our obligations under the Contract may be
transferred to a replacement provider by giving you notice via written or
electronic communication. If you’re unhappy with the transfer you can end the
Contract between us within 5 business days of us telling you about the
transfer.
4.8 The benefit of any or all of our rights under or relating to
the Contract may be assigned to any of our affiliates, funders, investors, or
any other third party, without prior notice to you.
4.9 You can only transfer your Contract with us to someone else if
we agree to this.
4.10 Nobody else has any rights under the Contract. The Contract
is between you and us. Nobody else can enforce it and neither of us will need
to ask anybody else to sign-off on ending or changing it.
4.11 If a court invalidates some of the Contract, the rest of it
will still apply. If a court or other authority decides that some of the terms
included within these terms of engagement are unlawful, the rest will continue
to apply.
4.12 Even if we delay in enforcing the Contract, we can still
enforce it later. We might not immediately chase you for not doing
something you’re not allowed to, but that doesn’t mean that we can’t do this
later.
4.13 We may from time to time make changes to the Services, the
Contract, our privacy policy or these terms of engagement of which we are
required to reflect changes in relevant laws and regulatory requirements.
Where we wish to make changes which are not required by relevant laws or
regulatory requirements, then we shall notify you of these changes.
4.14 We will use your personal data as set out in our privacy
notice. [www.then.tax/privacy-policy].
4.15 These terms of engagement and the Contract are governed by
English law. Wherever you live you can bring claims against us in the
English courts. If you live in Wales, Scotland or Northern Ireland, you can
also bring claims against us in the courts of the country you live in. We can
claim against you in the courts of the country you live in.
TERMS OF ENGAGEMENT
Between Then Tax Refunds Ltd (“Us”, “We”, “Ours”). and You
(“You, Yours”)
1. OUR SERVICES
1.1
What we
will do:
(a)
We will undertake an Initial Assessment as follows
(i)
Where an individual has made a successful repayment claim in
respect of Payment Protection Insurance (PPI), it is possible that tax in
relation to the interest element of any such repayment may have been
automatically deducted by HMRC. We will review the details of any successful
previous PPI repayment claims, in respect of which we have been provided the
details, in order to assess (at our sole discretion) whether you may have a
potential claim for a refund from HMRC in respect of any such deducted
tax
(a “PPI-related
Tax Refund Claim“)
(ii) Where you have submitted the relevant details to us, we may
also undertake an assessment (at our sole discretion) of whether you may have a
potential claim for a refund from HMRC in respect of the following:
(A) Any tax claim type covered by the form P87
(B) Marriage Allowance Claims
(a “Non
PPI-related Tax Refund Claim“).
(b)
Where we assess that there is a valid potential claim for a
PPI-related Tax Refund Claim then, subject to these terms of engagement, we may
submit a Tax Form R40, (Claim for a refund of Income Tax deducted from savings
and investments), Self-Assessment Amendment Claim, or Overpayment Relief Claim
on your behalf and act as your nominee for the purposes of making such a
claim.
(c) Where we asses there is a valid potential claim for a Non
PPI-related Tax Refund Claim then, subject to these terms of engagement, we may
submit a Tax Form P87 (Claim for income tax relief for your employment
expenses) and/or a Marriage Allowance Claim on your behalf and act as your
nominee for the purposes of making such a claim.
(d) Following submission of the relevant claim (whether a Non
PPI-related Tax Refund Claim or a PPI-related tax refund claim), it may be
necessary for us to act as your agent for the purposes of further investigating
and pursuing the relevant claim with HMRC on your behalf. Where we
consider it necessary to do so and provided that you have first signed a Tax
Form 64-8 (Authorising your Agent), we will submit this form to HMRC to
authorise us to act on your behalf.
(e) Where we intend to submit a Tax Form 64-8 (Authorising your
agent) on your behalf, we will give you not less than 14 days’ written notice
of our intention to do so. During this 14 day period you must tell us if:
(i)
you have appointed any other tax agent since signing the Tax Form
64-8 in accordance with these terms of engagement (in which case we will be
unable to act as your agent until you have withdrawn from HMRC the Form 64-8
which you have submitted in favour of the other agent); or
(ii) you no longer wish for us to submit the Tax Form 64-8 to HMRC
on your behalf.
(f)
Where you withdraw your authority for us to submit the Tax Form
64-8 on your behalf, or, where we are unable to submit the Tax Form 64-8 on
your behalf or where this is rejected because you have already appointed
another agent, then we will be unable to act as your agent and will not be able
to further investigate or pursue any tax claim with HMRC on your behalf.
We will remain appointed as your nominee for the purposes of receiving
payment of any successful claim which has already been submitted via the Tax
Form R40 and/or the Tax Form P87; however, we will not be able to give you any
further information regarding the progress or status of any such claim which is
in progress.
together
the “Services“
1.2 What we
will not do:
(a)
We will not undertake an Initial Assessment or submit any tax
refund claim in respect of any tax matter which has not been expressly listed
at paragraph 1.1(a) above
(b) We will not submit a PPI-related Tax Refund Claim and/or a Non
PPI-related Tax Refund Claim to HMRC where:
(i)
our Initial Assessment is that no potential claims for the
relevant tax refunds from HMRC exists;
(ii) We are unable to do so as a result of your failure to provide
the relevant information and/or complete and sign all of the relevant paperwork
as set out in paragraph 1.3 below.
(c)
We will not submit the Tax Form 64-8 to authorise us to act as
your agent where you have subsequently told us that you have appointed an
alternative tax agent or where you no longer wish for us to act as your agent.
(d) Notwithstanding the submission to HMRC of a Tax Form R40
and/or a Tax Form P87 we will act as your nominee (or, where a Tax Form 64-8
has been submitted on your behalf, we will act as your agent), solely for the
purposes and activities expressly set out in these terms of engagement. We
shall not be responsible for the provision of tax or financial advice more
generally, nor shall we be obliged to act as your nominee or agent for other
individual or business tax affairs unless we have expressly agreed otherwise
with you in writing. In entering into a Contract for the supply of our Services with
us you acknowledge that:
(i)
you
shall remain responsible for all tax affairs and submissions to HMRC and/or any
other relevant tax authorities save for those which we have expressly agreed to
undertake on your behalf in these terms of engagement; and
(ii) neither
the performance by us of the Services nor the onward payment to you of any tax
refund which is received as a result shall constitute advice on your individual
or business tax affairs more generally, including whether it is appropriate for
you to bring any tax refund claim in your circumstances or to accept any tax
refund payment offered by HMRC as a result of our Services. Accordingly, you
are encouraged to obtain independent tax advice if you require more general
advice on your tax affairs.
1.3
What you
agree to do:
(a)
You agree to provide us with full and accurate information
regarding:
(i)
any PPI repayment claims which you have made;
(ii) details in relation to any Non PPI-related Tax Refund Claims
which you would like for us to assess as part of our Initial Assessment; and
(iii) all such information regarding your more general tax affairs
in the relevant tax years as may be reasonably required by us to enable us to
undertake the Services, including your national insurance number and details of
your relevant tax code bracket.
(b)
You agree to provide to us information which, to the best of your
knowledge and belief, is correct. We don’t verify the information you give us,
unless we have expressly agreed to do so.
(c) You agree that, where requested by us for the purposes of
providing the Services to you, you will enter into such written documents as
may reasonably be required to give us authority to:
(i)
make such Data Subject Access Requests in accordance with Article
15 of the retained EU Law version of the General Data Protection Regulation;
(ii) undertake such soft or full search credit checks,
as may be reasonably necessary for us to provide the Services
(iii) receive relevant data for us to process your claim(s) from
third parties, including but not limited to Allay
(d)
Where we assess that there is a valid potential claim for a
PPI-related Tax Refund Claim, you agree to:
(i)
complete and sign a Tax Form R40 (Claim for a refund of Income Tax
deducted from savings and investments) and authorise us to submit this to HMRC
on your behalf so that we may act as your nominee for the purposes of making
such a claim. This
means that any repayment which may be due to you in respect of the claim will
be paid to us on your behalf;
(ii) complete and sign a Tax Form 64-8(Authorising your Agent) and
authorise us to submit this to HMRC on your behalf so that we may act as your
agent where we believe this is necessary for the purposes of investigating and
pursuing the relevant claim. , this means that any repayment which may be due to you from HMRC
in respect of any of your tax affairs will be paid to us on your behalf.
If you have already appointed another tax agent then we may not be
appointed as your tax agent until you have withdrawn the authority appointing
the other tax agent. Where another tax agent exists, we may only receive
payment in respect of your Non PPI-related Tax refund claim as your nominee (as
per clause 1.3(d)(i) above).
(e)
Where we assess that there is a valid potential claim for a Non
PPI-related Tax Refund Claim, you agree to:
(i)
complete and sign a Tax Form P87 (Claim for income tax relief for
your employment expenses) and/or Marriage Allowance Claim Form and authorise us
to submit these to HMRC on your behalf so that we may act as your nominee for
the purposes of making such a claim. This means that any
repayment which may be due to you in respect of the claim will be paid to us on
your behalf;; and
(ii) complete and sign a Tax Form 64-8(Authorising your Agent) and
authorise us to submit this to HMRC on your behalf so that we may act as your
agent where we believe this is necessary for the purposes of investigating and
pursuing the relevant claim. This means that any repayment which may be due to you from HMRC
in respect of any of your tax affairs will be paid to us on your behalf.
If you have already appointed another tax agent then we may not be
appointed as your tax agent until you have withdrawn the authority appointing
the other tax agent. Where another tax agent exists, we may only receive
payment in respect of your Non PPI-related Tax refund claim as your nominee (as
per clause 1.3(e)(i) above).
(f)
Where you have already signed and submitted any tax form to us and
that tax form is missing any information which you subsequently submit to us
(such as national insurance number details / tax code information), then you
authorise us to amend the relevant tax form to include this information only on
your behalf. Where any other type of amendment to the relevant tax form
is needed or where we require you to sign another document then we will contact
you with options as to how to proceed.
(g) You agree to provide us with your bank account details so that
we may pay any tax refund which we receive from HMRC as your nominee or agent
as a result of the Services (after deduction of our Fee), directly to you by
way of bank transfer;
(h) You agree to tell us straight away if your contact or
repayment/bank account details change or if you appoint an alternative tax
agent at any time after having signed the Tax Form 64-8 authorising us to act
as your tax agent.
1.4
Further details about us and the services which we provide are
available at www.then.tax.
1.5 It is entirely at the discretion of HMRC to accept the
submission of any tax refund claim which we may seek to submit on your behalf
and/or to progress any tax refund claim which has been submitted, for example
HMRC may from time to time impose restrictions on the number of claims which
may accepted for submission and/or processed in any period. Accordingly,
we can give no representation or guarantees in relation to the time frame for
the acceptance or processing by HMRC of any tax claim made by us on your behalf
or the performance by us of the Services more generally.
2. YOUR
CONTRACT WITH US
2.1 Subject to paragraph 2.2 below, the contract between you and
us for the provision of the Services by us and which shall incorporate these
terms of engagement (the “Contract“), shall come into effect on the date on which you click to
indicate your acceptance of these terms of engagement (“Commencement Date“)
2.2 You acknowledge and agree that, notwithstanding the
commencement of the Contract in accordance with paragraph 2.1 above, we are
unable to provide the Services until we have received all of the information
and any written documents of authority which are reasonably required by us to
perform the Services (as set out at paragraph 1.3 above). We have shall
no liability to you to the extent that any failure by us to perform the
Services or any part thereof has arisen as a result of:
(a)
your failure to provide the information and any written documents
of authority which are reasonably required by us to perform the Services, or
(b) You having withdrawn your authority for us to act as your
nominee or agent (to the extent that the relevant part of the Services requires
us to act as your nominee or agent); or
(c) You having appointed an alternative tax agent meaning that we
are unable to be appointed as your tax agent (to the extent that the relevant
part of the Services requires us to do so)
2.3
Where you are engaging our Services online or over the telephone
you have a period of 14 days from the Commencement Date during which you may
change your mind and cancel the contract between us for the Services.
Please note however that you will lose the right to cancel if the
relevant Services have already been completed prior to our receipt of your
notice of cancellation. In these circumstances any Fees due to us for any
Services which we provide up to the date of cancellation will be payable.
2.4 If you wish to cancel the contract for Services during the 14
day cancellation period then you should contact us at info@then.tax
2.5 You acknowledge that, once we have performed the Services, it
is entirely at the discretion of HMRC to accept any tax refund claim and/or to
cancel any refund claim which is in progress. Even where you have
cancelled the Contract between you and us within the 14 day cancellation
period, it may not be possible to cancel any refund claim that is in progress
at HMRC.
3. OUR FEES
3.1 Our Services are provided to you on a “No-Win, No-Fee” basis.
This means that:
(a)
There will be no charge to you where our Initial Assessment is
that no potential claim for the relevant type of tax refund from HMRC exists;
and
(b) There will be no charge to you in the event that we make a tax
refund claim to HMRC as your nominee or as your agent (where relevant) and that
specific tax refund claim is unsuccessful
3.2
Our Fee will be due and payable in the event that a tax refund is
authorised by HMRC in relation to any Tax Form R40, a Self-Assessment Amendment
Form, an Overpayment Relief Claim Form, a Tax Form P87 and/or Marriage
Allowance Form (as relevant) which we have submitted as part of the Services.
Our Fee will remain due and payable even in circumstances where you:
(a)
choose to reject or otherwise not accept any refund which has
been authorised by HMRC; or
(b) withdraw your Tax Form R40, Self-Assessment Amendment Form,
Overpayment Relief Claim Form, Tax Form P87 and/or Marriage Allowance Form (as
relevant); or
(c) otherwise withdraw your authority for us to act as your
nominee or as your agent (where relevant) or
(d) cancel your tax refund claim directly with HMRC at any time
after we have performed the Services.
3.3
In the event HMRC make or offer to make a payment directly to you
in relation to any Tax Form R40, Self-Assessment Amendment Form, Overpayment
Relief Claim Form, Tax Form P87 and/or Marriage Allowance Form (as relevant)
which we have submitted as part of the Services, you must notify us of any such
payment and you will be liable to us for the payment of the relevant Fee which
is payable to us in accordance with these terms of engagement.
3.4 In circumstances where we do not know the exact amount of
refund which has been authorised to be paid to you (e.g. because you have
withdrawn your authority for us to act as your nominee or you have failed to
inform us of a refund which was authorised as a result of our Services and
which has been paid directly to you by HMRC), then we reserve the right to
apply our Fee to such estimated tax refund amount as we may reasonably
calculate as being due to you on the basis of the initial information which you
have submitted to us.
3.5 Subject to the payment of our Minimum Fee (as discussed at
paragraph 3.10 below), the fee for our Services is a sum equivalent to 48%
(inclusive of VAT where applicable) of any tax refund which is authorised to be
paid to you by HMRC in relation to any Tax Form R40 and/or a Tax Form P87
and/or Marriage (as relevant) which we have submitted as part of the Services
(the “Fee“).
3.6 HMRC, at
its sole discretion, may off-set any refund sums which it authorises as payable
to you as a result of our Services, against outstanding tax liabilities owed by
you to HMRC. In these circumstances a reduced or no tax refund may be
received by you even where a successful tax refund claim has been made.
Our Fee would still be payable to us in these circumstances and would be
calculated on the basis of the total amount of tax refund which was authorised
by HMRC and not the total amount of tax refund which is actually received.
Subject to paragraph 3.10, you shall be liable to us in the event that
there is any shortfall in the amount of Fee owed to us and the amount of tax
refund which we actually receive as your nominee.
3.7 Refunds from HMRC will be paid directly to us as your nominee
(or, where relevant, as your agent) and our Fee will be deducted prior to our
onward payment of those refund sums to you.
3.8 In the event that any other refunds or sums are sent to us by
HMRC as a result of us acting as your nominee or agent, but:
(a)
which do not relate to a Tax Form R40, a Self-Assessment Amendment
Form, an Overpayment Relief Claim Form, a Tax Form P87 and/or Marriage
Allowance (as relevant) which we have submitted as part of the Services; or
(b) which relate to tax years other than the tax years for which
we have submitted a Tax Form R40, a Self-Assessment Amendment Form, an
Overpayment Relief Claim Form, a Tax Form P87 and/or Marriage Allowance,
then
we shall refuse payment of such refunds or sums to our account (e.g. we may
return the relevant cheque to HMRC). Where it is not possible to refuse
payment of the relevant refunds or sums (e.g. because such refund or sums are
combined with tax refunds which we are due to receive as your nominee) then our
Fee would be applied to such elements of the refund or sums which relate to the
Services we have performed only. All other elements of such refund or
sums which do not relate to the performance by us of the Services would be paid
on to you in full, without deduction of our Fee.
3.9 We may from time to time at our discretion agree with you
that the percentage amount of Fee payable to us from you shall be less than the
48% (inclusive of VAT where applicable) discussed at paragraph 3.5 above.
We will discuss this with you where relevant.
3.10 A minimum fee of £10 (the “Minimum Fee“) applies to our Services. In
the event that any refund obtained from HMRC on your behalf is less than or
equal to this Minimum Fee then we will close your case, and 100% of the refund
obtained will be retained by us as payment for the Services. Unless we
have agreed otherwise with you in writing in advance, you will not be required
to pay any additional charges to us where the tax refund (if any) obtained from
HMRC is less than the Minimum Fee payable to us.
3.11 Subject to paragraph 3.8 above, we will make onward payment
of any refund sums due to you from HMRC (following deduction of our Fee), by:
(a)
bank transfer to such personal bank account as you have notified
to us; or
(b) via a designated e-money account which we will open in your
name. Where payment is made into an e-money account, you may draw down
the relevant refund sums yourself or you may opt to use such funds directly
from the designated e-money account.
3.12
In the event that we are unable to make payment to you by bank
transfer or via a designated e-money account, either because you have failed to
submit to us correct bank account details or otherwise, then, subject to
paragraph 3.13 below, we shall make payment to you by cheque or such
alternative method of payment as may be agreed between us.
3.13 An administration fee of £15 (the “Admin Fee“) will apply to all onward payment
methods except for bank transfer made directly to your own personal account or
payment to a designated e-money account which we have opened in your name.
Any Admin Fee payable to us shall be deducted by us prior to onward
payment to you of any refund sums due.
3.14 A separate Admin Fee may be charged by us in respect of each
additional attempt we are required to make to effect payment of any sums due to
you (including contact via SMS, email or telephone, the re-issue of any cheques
to you or the resending of sums via bank transfers where the initial bank
account details supplied by you were incorrect), unless such additional payment
attempts are required as a result of our actions.
3.15 Subject to paragraph 3.8 above, we shall take all reasonable
steps to effect onward payment to you of any sums which we have received from
HMRC on your behalf, during which period of time your portion of your refund
shall remain in our client account. However, in the event that:
(a)
We have contacted you no fewer than 10 times to try and arrange
for payment of sums to you; and
(b) we are unable to effect any onward payment due to you within
a period of 12 months from the date on which the relevant sum has been received
by us from HMRC on your behalf; and
(c) such failure to effect repayment has arisen as a result of
your actions, e.g. your failure to provide us with valid bank account details,
your failure to authorise us to pay a designated e-money account, or your failure
to cash any cheque issued to you by us within a period of 12 months
then
we shall reserve the right to donate any refund sums which we have received
from HMRC on your behalf to a charity of our choice (following deduction of any
Fees and Admin Fees which are due to us, including an additional Admin Fee for
the onward payment to a charity). Where any sums are donated to charity
in accordance with this paragraph then we shall have no further liability to
you whatsoever in respect of the payment of any such sums.
4. IMPORTANT INFORMATION
4.1 You
understand and agree that you could pursue a claim for a tax refund from HMRC
independently for free, without the use of our Services or, alternatively, by
using a registered Tax Agent of your choosing.
4.2 You
acknowledge that any tax refunds by HMRC are made at the sole discretion of
HMRC. Accordingly, in performing the Services (including the submission
of any refund claim to HMRC on your behalf) we make no representation nor give
any guarantee that your claim will be successful, nor that any refund will be
obtained. Any example assessments of potential refunds which may be
obtained are included for illustrative purposes only.
4.3 We shall have no liability to you in the event that HMRC
refuses any tax refund claim or issues any incorrect tax refunds to you as a
result of:
(a)
any information which you have supplied to us having been
incorrect; or
(b) your failure to provide in a timely manner, any further
information which is requested by us or by HMRC in order to process your
claim(s).
4.4
Nothing in the Contract or these terms of engagement limits any
liability which cannot legally be limited, including without limitation
liability for death or personal injury caused by negligence, fraud or
fraudulent misrepresentation
4.5 Subject to paragraph 4.4, if you are a business, we will not
be liable to you, whether in contract, tort (including negligence), for breach
of statutory duty or otherwise, arising under or in connection with these terms
of engagement for any indirect or consequential loss.]
4.6 Subject to paragraph 4.4, we will not be liable to you,
whether in contract, tort (including negligence), for breach of statutory duty
or otherwise, arising under or in connection with these terms of engagement of
any Contract which incorporates them, for any loss arising as a result of:
(a)
our complying with our legal and regulatory duties, such as delays
or disclosures arising in the context of compliance with anti-money laundering
legislation;
(b) circumstances beyond our reasonable control (for example, any
outages or delays suffered by HMRC).
4.7
You agree that our obligations under the Contract may be
transferred to a replacement provider by giving you notice via written or
electronic communication. If you’re unhappy with the transfer you can end the
Contract between us within 5 business days of us telling you about the
transfer.
4.8 The benefit of any or all of our rights under or relating to
the Contract may be assigned to any of our affiliates, funders, investors, or
any other third party, without prior notice to you.
4.9 You can only transfer your Contract with us to someone else if
we agree to this.
4.10 Nobody else has any rights under the Contract. The Contract
is between you and us. Nobody else can enforce it and neither of us will need
to ask anybody else to sign-off on ending or changing it.
4.11 If a court invalidates some of the Contract, the rest of it
will still apply. If a court or other authority decides that some of the terms
included within these terms of engagement are unlawful, the rest will continue
to apply.
4.12 Even if we delay in enforcing the Contract, we can still
enforce it later. We might not immediately chase you for not doing
something you’re not allowed to, but that doesn’t mean that we can’t do this
later.
4.13 We may from time to time make changes to the Services, the
Contract, our privacy policy or these terms of engagement of which we are
required to reflect changes in relevant laws and regulatory requirements.
Where we wish to make changes which are not required by relevant laws or
regulatory requirements, then we shall notify you of these changes.
4.14 We will use your personal data as set out in our privacy
notice. [www.then.tax/privacy-policy].
4.15 These terms of engagement and the Contract are governed by
English law. Wherever you live you can bring claims against us in the
English courts. If you live in Wales, Scotland or Northern Ireland, you can
also bring claims against us in the courts of the country you live in. We can
claim against you in the courts of the country you live in.
TERMS OF ENGAGEMENT
Between Then Tax Refunds Ltd (“Us”, “We”, “Ours”). and You
(“You, Yours”)
1. OUR SERVICES
1.1
What we
will do:
(a)
We will undertake an Initial Assessment as follows
(i)
Where an individual has made a successful repayment claim in
respect of Payment Protection Insurance (PPI), it is possible that tax in
relation to the interest element of any such repayment may have been
automatically deducted by HMRC. We will review the details of any successful
previous PPI repayment claims, in respect of which we have been provided the
details, in order to assess (at our sole discretion) whether you may have a
potential claim for a refund from HMRC in respect of any such deducted tax (a “PPI-related Tax Refund
Claim“)
(ii) Where you have submitted the relevant details to us, we may
also undertake an assessment (at our sole discretion) of whether you may have a
potential claim for a refund from HMRC in respect of the following:
(A) Any tax claim type covered by the form P87
(B) Marriage Allowance Claims
(a “Non
PPI-related Tax Refund Claim“).
(b)
Where we assess that there is a valid potential claim for a PPI-related
Tax Refund Claim then, subject to these terms of engagement, we may submit a
Tax Form R40, (Claim for a refund of Income Tax deducted from savings and
investments), Self-Assessment Amendment Claim, or Overpayment Relief Claim on
your behalf and act as your nominee for the purposes of making such a claim.
(c) Where we asses there is a valid potential claim for a Non PPI-related
Tax Refund Claim then, subject to these terms of engagement, we may submit a
Tax Form P87 (Claim for income tax relief for your employment expenses) and/or
a Marriage Allowance Claim on your behalf and act as your nominee for the
purposes of making such a claim.
together the “Services“
1.2 What we
will not do:
(a)
We will not undertake an Initial Assessment or submit any tax
refund claim in respect of any tax matter which has not been expressly listed
at paragraph 1.1(a) above
(b) We will not submit a PPI-related Tax Refund Claim and/or a Non
PPI-related Tax Refund Claim to HMRC where:
(i)
our Initial Assessment is that no potential claims for the
relevant tax refunds from HMRC exists;
(ii) We are unable to do so as a result of your failure to provide
the relevant information and/or complete and sign the relevant paperwork as set
out in paragraph 1.3 below.
(c)
Notwithstanding the submission to HMRC of a Form R40 and/or a Form
P87, we will act as your nominee solely for the purposes and activities
expressly set out in these terms of engagement. We shall not be responsible for
the provision of tax or financial advice more generally, nor shall we be
obliged to act as your nominee or agent for other individual or business tax
affairs unless we have expressly agreed otherwise with you in writing.
(d) In entering into a Contract for the supply of our Services with
us you acknowledge that:
(i)
you shall remain
responsible for all tax affairs and submissions to HMRC and/or any other
relevant tax authorities save for those which we have expressly agreed to
undertake on your behalf in these terms of engagement; and
(ii) neither
the performance by us of the Services nor the onward payment to you of any tax
refund which is received as a result shall constitute advice on your individual
or business tax affairs more generally, including whether it is appropriate for
you to bring any tax refund claim in your circumstances or to accept any tax
refund payment offered by HMRC as a result of our Services. Accordingly, you
are encouraged to obtain independent tax advice if you require more general
advice on your tax affairs.
1.3
What you
agree to do:
(a)
You agree to provide us with full and accurate information
regarding:
(i)
any PPI repayment claims which you have made;
(ii) details in relation to any Non PPI-related Tax Refund Claims
which you would like for us to assess as part of our Initial Assessment; and
(iii) all such information regarding your more general tax affairs
in the relevant tax years as may be reasonably required by us to enable us to
undertake the Services, including your national insurance number and details of
your relevant tax code bracket.
(b)
You agree to provide to us information which, to the best of your
knowledge and belief, is correct. We don’t verify the information you give us,
unless we have expressly agreed to do so.
(c) You agree that, where requested by us for the purposes of
providing the Services to you, you will enter into such written documents as
may reasonably be required to give us authority to:
(i)
make such Data Subject Access Requests in accordance with Article
15 of the retained EU Law version of the General Data Protection Regulation;
(ii) undertake such soft or full search credit checks, as may be
reasonably necessary for us to provide the Services
(iii) receive relevant data for us to process your claim(s) from
third parties, including but not limited to Allay
(d)
Where we assess that there is a valid potential claim for a
PPI-related Tax Refund Claim, you agree to:
(i)
complete and sign a Tax Form R40 (Claim for a refund of Income
Tax deducted from savings and investments); and
(ii) authorise us to submit this
to HMRC on your behalf; and
(iii) act as your nominee for the purposes of
making such a claim. This means that any repayment which may be due to you
will be paid to us on your behalf.
(e)
Where we assess that there is a valid potential claim for a Non
PPI-related Tax Refund Claim, you agree to:
(i)
complete and sign a Tax Form P87 (Claim for income tax relief for
your employment expenses) and/or Marriage Allowance Claim Form; and
(ii) authorise us to submit this to HMRC on your behalf; and
(iii) act as your nominee for the purposes of
making such a claim. This means that any repayment which may be due to you
will be paid to us on your behalf.
(f)
You agree to provide us with your bank account details so that we
may pay any tax refund which we receive from HMRC as your nominee as a result
of the Services (after deduction of our Fee), directly to you by way of bank
transfer;
(g) You agree to tell us straight away if your contact or
repayment/bank account details change.
1.4
Further details about us and the services which we provide are available
at www.then.tax.
2. YOUR
CONTRACT WITH US
2.1 Subject to paragraph 2.2 below, the contract between you and
us for the provision of the Services by us and which shall incorporate these
terms of engagement (the “Contract“), shall come into effect
on the date on which you click to indicate your acceptance of these terms of
engagement (“Commencement Date“)
2.2 You acknowledge and agree that, notwithstanding the
commencement of the Contract in accordance with paragraph 2.1 above, we are
unable to provide the Services until we have received all of the information
and any written documents of authority which are reasonably required by us to
perform the Services (as set out at paragraph 1.3 above). We have shall no
liability to you to the extent that any failure by us to perform the Services
or any part thereof has arisen as a result of your failure to provide the
information and any written documents of authority which are reasonably
required by us to perform the Services
2.3
Where you are engaging our Services online or over the telephone
you have a period of 14 days from the Commencement Date during which you may
change your mind and cancel the contract between us for the Services. Please
note however that you will lose the right to cancel if the relevant Services
have already been completed prior to our receipt of your notice of
cancellation. In these circumstances any Fees due to us for any Services which
we provide up to the date of cancellation will be payable.
2.4 If you wish to cancel the contract for Services during the 14
day cancellation period then you should contact us at info@then.tax
2.5 You acknowledge that, once we have performed the Services, it
is entirely at the discretion of HMRC to accept any tax refund claim and/or to
cancel any refund claim which is in progress. Even where you have cancelled the
Contract between you and us within the 14 day cancellation period, it may not
be possible to cancel any refund claim that is in progress at HMRC.
3. OUR
FEES
3.1 Our Services are provided to you on a “No-Win,
No-Fee” basis. This means that:
(a)
There will be no charge to you where our Initial Assessment is
that no potential claim for the relevant type of tax refund from HMRC exists;
and
(b) There will be no charge to you in the event that we make a tax
refund claim to HMRC as your nominee and that specific tax refund claim is
unsuccessful
3.2
Our Fee will be due and payable in the event that a tax refund is
authorised by HMRC in relation to any Form R40, a Self-Assessment Amendment
Form, an Overpayment Relief Claim Form, a Form P87 and/or Marriage Allowance
Form (as relevant) which we have submitted as part of the Services. Our Fee
will remain due and payable even in circumstances where you:
(a)
choose to reject or otherwise not accept any refund which has
been authorised by HMRC; or
(b) withdraw your Form R40, Self-Assessment Amendment Form,
Overpayment Relief Claim Form, Form P87 and/or Marriage Allowance Form (as
relevant); or
(c) otherwise withdraw your authority for us to act as your
nominee or
(d) cancel your tax refund claim directly with HMRC at any time
after we have performed the Services.
3.3
In the event HMRC make or offer to make a payment directly to you
in relation to any Form R40, Self-Assessment Amendment Form, Overpayment Relief
Claim Form, Form P87 and/or Marriage Allowance Form (as relevant) which we have
submitted as part of the Services, you must notify us of any such payment and
you will be liable to us for the payment of the relevant Fee which is payable
to us in accordance with these terms of engagement.
3.4 In circumstances where we do not know the exact amount of
refund which has been authorised to be paid to you (e.g. because you have
withdrawn your authority for us to act as your nominee or you have failed to
inform us of a refund which was authorised as a result of our Services and
which has been paid directly to you by HMRC), then we reserve the right to
apply our Fee to such estimated tax refund amount as we may reasonably
calculate as being due to you on the basis of the initial information which you
have submitted to us.
3.5 Subject to the payment of our Minimum Fee (as discussed at
paragraph 3.10 below), the fee for our Services is a sum equivalent to 48%
(inclusive of VAT where applicable) of any tax refund which is authorised to be
paid to you by HMRC in relation to any Form R40 and/or a Form P87 and/or Marriage
(as relevant) which we have submitted as part of the Services (the “Fee“).
3.6 HMRC, at
its sole discretion, may off-set any refund sums which it authorises as payable
to you as a result of our Services, against outstanding tax liabilities owed by
you to HMRC. In these circumstances a reduced or no tax refund may be received
by you even where a successful tax refund claim has been made. Our Fee would
still be payable to us in these circumstances and would be calculated on the
basis of the total amount of tax refund which was authorised by HMRC and not
the total amount of tax refund which is actually received. Subject to paragraph
3.10, you shall be liable to us in the event that there is any shortfall in the
amount of Fee owed to us and the amount of tax refund which we actually receive
as your nominee.
3.7 Refunds from HMRC will be paid directly to us as your nominee
and our Fee will be deducted prior to our onward payment of those refund sums
to you.
3.8 In the event that any other refunds or sums are sent to us by
HMRC as a result of us acting as your nominee, but:
(a)
which do not relate to a Form R40, a Self-Assessment Amendment
Form, an Overpayment Relief Claim Form, a Form P87 and/or Marriage Allowance
(as relevant) which we have submitted as part of the Services; or
(b) which relate to tax years other than the tax years for which
we have submitted a Form R40, a Self-Assessment Amendment Form, an Overpayment
Relief Claim Form, a Form P87 and/or Marriage Allowance,
then
we shall refuse payment of such refunds or sums to our account (e.g. we may
return the relevant cheque to HMRC). Where it is not possible to refuse payment
of the relevant refunds or sums (e.g. because such refund or sums are combined
with tax refunds which we are due to receive as your nominee) then our Fee
would be applied to such elements of the refund or sums which relate to the
Services we have performed only. All other elements of such refund or sums
which do not relate to the performance by us of the Services would be paid on
to you in full, without deduction of our Fee.
3.9 We may from time to time at our discretion agree with you
that the percentage amount of Fee payable to us from you shall be less than the
48% (inclusive of VAT where applicable) discussed at paragraph 3.5 above. We
will discuss this with you where relevant.
3.10 A minimum fee of £10 (the “Minimum Fee“)
applies to our Services. In the event that any refund obtained from HMRC on
your behalf is less than or equal to this Minimum Fee then we will close your
case, and 100% of the refund obtained will be retained by us as payment for the
Services. Unless we have agreed otherwise with you in writing in advance, you
will not be required to pay any additional charges to us where the tax refund
(if any) obtained from HMRC is less than the Minimum Fee payable to us.
3.11 Subject to paragraph 3.8 above, we will make onward payment
of any refund sums due to you from HMRC (following deduction of our Fee), by:
(a)
bank transfer to such personal bank account as you have notified
to us; or
(b) via a designated e-money account which we will open in your
name. Where payment is made into an e-money account, you may draw down the
relevant refund sums yourself or you may opt to use such funds directly from
the designated e-money account.
3.12
In the event that we are unable to make payment to you by bank
transfer or via a designated e-money account, either because you have failed to
submit to us correct bank account details or otherwise, then, subject to
paragraph 3.13 below, we shall make payment to you by cheque or such
alternative method of payment as may be agreed between us.
3.13 An administration fee of £15 (the “Admin Fee“)
will apply to all onward payment methods except for bank transfer made directly
to your own personal account or payment to a designated e-money account which we
have opened in your name. Any Admin Fee payable to us shall be deducted by us
prior to onward payment to you of any refund sums due.
3.14 A separate Admin Fee may be charged by us in respect of each
additional attempt we are required to make to effect payment of any sums due to
you (including contact via SMS, email or telephone, the re-issue of any cheques
to you or the resending of sums via bank transfers where the initial bank
account details supplied by you were incorrect), unless such additional payment
attempts are required as a result of our actions.
3.15 Subject to paragraph 3.8 above, we shall take all reasonable
steps to effect onward payment to you of any sums which we have received from
HMRC on your behalf, during which period of time your portion of your refund
shall remain in our client account. However, in the event that:
(a)
We have contacted you no fewer than 10 times to try and arrange
for payment of sums to you; and
(b) we are unable to effect any onward payment due to you within
a period of 12 months from the date on which the relevant sum has been received
by us from HMRC on your behalf; and
(c) such failure to effect repayment has arisen as a result of
your actions, e.g. your failure to provide us with valid bank account details,
your failure to authorise us to pay a designated e-money account, or your failure
to cash any cheque issued to you by us within a period of 12 months
then
we shall reserve the right to donate any refund sums which we have received
from HMRC on your behalf to a charity of our choice (following deduction of any
Fees and Admin Fees which are due to us, including an additional Admin Fee for
the onward payment to a charity). Where any sums are donated to charity in
accordance with this paragraph then we shall have no further liability to you
whatsoever in respect of the payment of any such sums.
4. IMPORTANT INFORMATION
4.1 You
understand and agree that you could pursue a claim for a tax refund from HMRC
independently for free, without the use of our Services or, alternatively, by
using a registered Tax Agent of your choosing.
4.2 You
acknowledge that any tax refunds by HMRC are made at the sole discretion of HMRC.
Accordingly, in performing the Services (including the submission of any refund
claim to HMRC on your behalf) we make no representation nor give any guarantee
that your claim will be successful, nor that any refund will be obtained. Any
example assessments of potential refunds which may be obtained are included for
illustrative purposes only.
4.3 We shall have no liability to you in the event that HMRC
refuses any tax refund claim or issues any incorrect tax refunds to you as a
result of:
(a)
any information which you have supplied to us having been
incorrect; or
(b) your failure to provide in a timely manner, any further
information which is requested by us or by HMRC in order to process your
claim(s).
4.4
Nothing in the Contract or these terms of engagement limits any
liability which cannot legally be limited, including without limitation
liability for death or personal injury caused by negligence, fraud or
fraudulent misrepresentation
4.5 Subject to paragraph 4.4, if you are a business, we will not
be liable to you, whether in contract, tort (including negligence), for breach
of statutory duty or otherwise, arising under or in connection with these terms
of engagement for any indirect or consequential loss.
4.6 Subject to paragraph 4.4, we will not be liable to you,
whether in contract, tort (including negligence), for breach of statutory duty
or otherwise, arising under or in connection with these terms of engagement of
any Contract which incorporates them, for any loss arising as a result of:
(a)
our complying with our legal and regulatory duties, such as delays
or disclosures arising in the context of compliance with anti-money laundering
legislation;
(b) circumstances beyond our reasonable control (for example, any
outages or delays suffered by HMRC).
4.7
You agree that our obligations under the Contract may be
transferred to a replacement provider by giving you notice via written or
electronic communication. If you’re unhappy with the transfer you can end the
Contract between us within 5 business days of us telling you about the
transfer.
4.8 The benefit of any or all of our rights under or relating to
the Contract may be assigned to any of our affiliates, funders, investors, or
any other third party, without prior notice to you.
4.9 You can only transfer your Contract with us to someone else if
we agree to this.
4.10 Nobody else has any rights under the Contract. The Contract
is between you and us. Nobody else can enforce it and neither of us will need
to ask anybody else to sign-off on ending or changing it.
4.11 If a court invalidates some of the Contract, the rest of it
will still apply. If a court or other authority decides that some of the terms
included within these terms of engagement are unlawful, the rest will continue
to apply. 4.12 Even if we delay in enforcing the Contract, we can
still enforce it later. We might not immediately chase you for not doing
something you’re not allowed to, but that doesn’t mean that we can’t do this
later.
4.13 We may from time to time make changes to the Services, the
Contract, our privacy policy or these terms of engagement of which we are
required to reflect changes in relevant laws and regulatory requirements. Where
we wish to make changes which are not required by relevant laws or regulatory
requirements, then we shall notify you of these changes.
4.14 We will use your personal data as set out in our privacy
notice. [www.then.tax/privacy-policy].
4.15 These terms of engagement and the Contract are governed by
English law. Wherever you live you can bring claims against us in the English
courts. If you live in Wales, Scotland or Northern Ireland, you can also bring
claims against us in the courts of the country you live in. We can claim
against you in the courts of the country you live in.