cheap virtual office mail forwarding service virtual office address

Voipfone VoIP 30 Day FREE Trial Click To Sign Up Now

Email: info@firstclassvirtualoffice.co.uk

Terms

 

First Class Virtual Office (the “Supplier”)

Terms and Conditions

Please see below the latest terms and conditions of First Class Virtual Office Service, we provide virtual office services.

The Customer's attention is particularly drawn to the provisions of clause 9.

1.    Definitions
1.1    In these Terms and Conditions the following words and phrases shall have the following meanings:

Address - Armstrong House, First Avenue, Robin Hood Airport, Doncaster, South Yorkshire, DN9 3GA, UK

Applicant - Where the Customer is a sole trader the owner of the business. Where the Customer is a company or partnership of any kind the nominated individual that is the contact person of the Customer for the Services who is joint and severally liable for the obligations of the Customer under the Contract. Shareholders cannot be an Applicant unless they are a director.

Application Form - The Customer's Application Form for the supply of Services as completed by the Customer on the First Class Virtual Office application form.

Beneficiary - the business owner(s), business partner(s), director(s) or shareholders with a minimum of 25% company shares.

Contract - The Application Form between the Supplier and the Customer for the supply of Services in accordance with these Conditions.

Customer - The person who submits an Application Form for Services with the Supplier.

Fees - Our fees for the Services provided by the Supplier, as shall be set out on the Website and as are confirmed to you in your Application Form and on the Invoice.

Email Address - The email address provided by the Customer on the Application Form with which we shall exclusively correspond.

First Class  Virtual Office is the trading name of the business and is based at Armstrong House, First Avenue, Robin Hood Airport, Doncaster, South Yorkshire DN9 3GA, UK.

Force Majeure Event - Means an event beyond the reasonable control of the Supplier including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the party or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.

Intellectual Property Rights - All patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.

Invoice - the invoice produced by the Supplier and sent to the Customer setting out the Fees for the Services requested by the Customer in the Application Form.

Mail Forwarding Services - such mail forwarding services as may be offered on the Website from time to time which may include, without limitation, and subject to the terms and conditions set out in the Contract:

(i) permission to use the Address as your trading address and/or registered office (the Virtual Office Address Service) and/or directors service address; (ii) receipt of business correspondence delivered to you at the Address on your behalf and onward forwarding of that mail to such address as be designated by you.

Person Authorised - the person who you agree to act as your Person Authorised with Companies House.

Postage Credit - an amount paid by the Customer to the Supplier to be used by the Supplier to pay for postage cost incurred by the Supplier by performing the Services. The Supplier may also provide complimentary Postage Credit to the Customer Account as per the amount specified by the Supplier to the Customer.

Mail Scanning Services - the service of opening mail, scanning the mail and emailing the mail as a PDF document to the Customer as detailed in clause 9.2. This service is now only available to existing clients prior to July 2014.

Services - the services supplied by the Supplier to the Customer as set out in the Application Form such as; providing Mail Forwarding Services, Scanning Services and the Virtual Office Address Service.

Unauthorised Use - where the Service, or any part of it, including use of the Address, has been used without our prior consent or used after we have suspended or terminated the Service, or where payment has not been received for Fees charged for the Service.

Virtual Office Address Service - the legitimate use of the Address for business purposes only.

Website - the website advertising the Services of the Supplier, currently located at www.firstclassvirtualoffice.co.uk.

1.2    In this Agreement:

(a)    references to "we" , "us" and “our” shall be deemed to be references to the Supplier;
(b)    references to “you” and “your” shall be deemed to be references to the Customer and the nominated Applicant;

2.    Basis of contract

2.1    The Customer wishes to purchase Services as set out in the Application Form in accordance with these terms and conditions (“Conditions”).

2.2    Your application will only be valid if submitted on our Application Form this can be accessed on the Website or requested by email at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .  By submitting an Application Form you agree to be bound by the Terms and Conditions.

2.3    The Supplier is deemed to have accepted the Application Form when the Supplier sends the Invoice to the Customer. We shall accept applications at our absolute discretion.

2.4    The Contract shall come into existence when the Supplier receives cleared funds for the Fees as set out on the Invoice.

2.5    The Contract constitutes the entire agreement between the parties relating to the Services that are the subject matter hereof. The terms of this Contract supersede all prior arrangements, agreements and undertakings between the parties.

2.6    These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

3.    Application

3.1    When you complete an Application Form you warrant that you are over eighteen years of age.
3.2    You warrant that any information you provide to us about yourself upon registration or at any time will be true, accurate, current and complete and that you will ensure that this information is kept accurate and up to date at all times. You warrant that the information provided is not fraudulent in anyway. Multiple applicants for one account must not provide the same telephone or email contact details.

4.    Supply of Services

4.1    In consideration and conditional upon payment of our Fees the Supplier shall provide the Services to the Customer in all material respects in accordance with the Services set out in the Application Form.

4.2    The Supplier has the right to make any changes to the Services as are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and the Supplier shall notify the Customer in any event.

4.3    The Supplier warrants to the Customer that the Services will be provided using reasonable care and skill.

5.    Customer’s obligations

5.1    The Customer shall ensure the terms of the Application Form and any specification of services are complete and accurate.

5.2    All Customers shall nominate an Applicant.

5.3    The Customer must ensure that the Services are not be abused by the Customer in anyway.

5.4    The Customer shall ensure they provide the Address in full or it may cause mail to be delivered to other premises and or cause delays in reaching the Address.

5.5    To comply with money laundering regulations the Customer is obliged to provide the Supplier with proof of identification and proof of address. The Customer must provide two separate documents, one for each verification. Updates to personal details that should be notified to us immediately for the Customer, Applicant and all Beneficiaries include the following: change of first or surname (e.g. by marriage or deed poll), change of residential address, change of contact details. It is your responsibility to provide an updated proof of address document and proof of ID document to ensure they are valid during the period of Service. Failure to supply new and updated documents will result in this contract being suspended for 7 days followed by account termination if the documents are not received during the suspended period.

5.6    Where the Customer is a limited company, Company Limited by Guarantee, Registered Charity or other Group or entity, then all directors, group members and beneficiaries must provide their own verification documentation to the Supplier, in accordance with clause 5.5. If the beneficiaries change the Customer must let the Supplier know the updated details and the new beneficiaries must supply new verification documentation. Failure to update the Supplier will result in termination of this Contract. Beneficiaries include shareholders with a minimum 25% company shares.

5.7    Where the Customer is a partnership, all partners must provide their own verification documentation to the Supplier, in accordance with clause 5.5. If the partners within the partnership change the Customer must let the Supplier know the updated details and the new partners must supply verification documentation. Failure to update the Supplier will result in termination of this Contract.

5.8    The Customer is responsible for checking their emails and responding to the Supplier where requested as email will be the primary method of communication between the Supplier and the Customer. We will correspond only with the Email Address provided by The Customer on the Application Form. The email address may be changed by providing us notice in writing.

5.9    If the Supplier's performance of any of its obligations in respect of the Services is prevented or delayed by any act or omission by the Customer (Customer Default):
(a)    the Supplier shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations to the extent the Customer Default prevents or delays the Supplier's performance of any of its obligations;
(b)    the Supplier shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from the Supplier's failure or delay to perform any of its obligations as set out in this clause 5; and
(c)    the Customer shall reimburse the Supplier for any costs or losses sustained or incurred by the Supplier arising directly or indirectly from the Customer Default.

5.10 To comply with the Anti Money Laundering Regulations (ALMS) and with out terms of Service, the Customer must respond to any and all communications sent from us within 14 days. Failure to respond will result in automatic account suspension and loss of service, following by account termination within 7 days of suspension where no contact is received. No refund will be given for accounts that are suspended or terminated due to failing to adhere to the terms herein.

6.    Fees and payment

6.1    The Fees specific to the Customer shall be set out in the Application Form and confirmed in the Invoice. The price is exclusive of all costs and charges of postage, insurance and transport. All amounts payable by the Customer under the Contract are exclusive of value added tax and other taxes chargeable from time to time which shall be added to and shall by payable by the Customer at the then current rate.

6.2    The Supplier will provide complimentary postage to the value as specified to the Customer for all new and renewing accounts as from 1st October 2015. The complimentary Postage Credit has no reedemable or refundable value to the Customer and is only available for use against forwarding business mail (excludes parcels and other mail services). The complimentary credit must be redeemed within the 12 month period of Service. Postage Credit cannot be rolled over to subsequent periods of Service. All additional postage costs will be paid for by Postage Credit that the Supplier holds on account. Postage costs will be the charges Royal Mail charge at the time of postage. The original amount of Postage Credit will be set out in the Invoice. Additional Postage Credit required during the provision of the Services will be notified to the Customer. Mail will not be forwarded where an insufficient postage balance occurs. Use of the Address as a mailing address and for mail forwarding is only available when postage credit is provided in advance. Where no postage credit is provided in advance we will not accept your mail to our premises and it will be returned to sender and your account will be subject to suspension for 7 days followed by account Termination.

6.3    The Fees are subject to change from time to time but any increase in Fees will not apply to the current provision of Services and will only apply to any renewal of the Services.

6.4    All Fees can be paid for only by BACS/bank transfer to the bank account of the Supplier as stated on the Invoice or PayPal. Please note that PayPal payments incur an additional fee as stated on the application form. Please ensure you allow time for all payments to clear.

6.5    All Fees for the Services must be paid for in advance. You should ensure that all renewal Fees are paid by their due date to ensure a seamless continuation of service. If you do not renew by making payment by the due date then the Services will cease on the expiry date of the service period paid for. In the event the address continues to be used without our Authorisation under any circumstances, you will be deemed to have entered into a new 12 month contract and be liable for the full cost of the Services and the annual Fee will be billed to you. This is regardless of whether we approve any subsequent application or not.

6.6    The Applicant must be aware that they are joint and severally liable for the obligations of the Customer under this Contract and therefore non payment by the Customer will result in the Applicant being pursued for payment. Any outstanding payments will be sought from the Applicant via credit collection agents and where necessary, court action, which could result in a possible County Court Judgement in the personal name of the Applicant.

6.7    All Fees paid are non-refundable or repayable in the event of termination of this Contract. However the customer has 28 days from termination of the Contract to make a written request for any unused Postage Credit supplied by the Customer. Following receipt of a written request from the Customer the Supplier will refund any unused Postage Credit to the Applicant by cheque or BACS within 14 days of the Supplier receiving a written request (including by email). Upon receipt of your written request we will confirm by email to you, the amount of postage balance to be refunded. Complimentary Postage Credit supplied by the Supplier has no redeemable or refundable value and is subject to being provided at our discretion and may be withdrawn without notice to the Customer.

6.8    Renewal of the Services is your responsibility. If Services are not renewed by the due date the Customer will have to Submit a full new Application Form if they wish for Services to be provided again. This is subject to approval.

6. 9 If payment for renewal of the Services has not been received on or before the due date, or where we have terminated your Services or rejected your Application and you have already commenced or continued with the Unauthorised use of the Address, you will be deemed irrevocably to have authorised us (and to have irrevocably consented to our so doing) to change, with immediate effect, the Registered Office Address or the Directors Service Address of the Company to your residential address. You authorise us to submit Forms AD01 and CH01, whichever applies, on your behalf as the 'Person Authorised' to change the relevant address. Forms AD01 and CH01 will be posted to Companies House within 7 days of the service expiry date and the postage cost to send this form will be deducted from your postage credit balance.

6.10  Where Unauthorised Use occurs, you will be deemed irrevocably to have authorised us (and to have irrevocably consented to our so doing) to charge you the appropriate Fees for use of the Service. The Fees for Unauthorised Use is £50.00 per calendar month or part thereof. We will also notifiy Trading Standards and where appropriate, Companies House, and any other relevant legal or offical organisations, citing Address Fraud.

6.11   We reserve the right not to offer subsequent renewal of the Services without explanation.

7.    Availability of the Website

Due to the nature of the internet and the fact that your access to the Website involves features outside our control, we are not responsible for technical problems that you may experience with the Website.  However, if you have any technical problems with the operation of the Website, you may contact us by email at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .  We do not guarantee that we will be able to assist or resolve any technical problems you may experience.

8.    Changes to your details

8.1    You may amend the address to which we forward your mail under our Mail Forwarding Services, or any other details that we use in respect of any other of the Services including but not limited to any home address, in writing and by providing the necessary address verification documents for any new addresses.

8.2    Should the Applicant cease to be associated with the Customer then the Contract will automatically terminate upon their resignation date. If they cease to be a director or partner, but remain a shareholder with at least 75% shares, then the Customer must ensure that where required, someone else takes over the role of Applicant under the Application Form and that new Applicant must apply in their own name. This new Applicant must be a director or partner. Upon the new Applicant’s successful application the Supplier will transfer the Customer’s account for the outstanding term at no further cost to the new Applicant if this is completed within 30 days of the Applicants resignation from their association with the Customer. If nobody applies to take over the account by the due date we request, the Contract will terminate and any new Applicant, even if associated with the same business names, must apply again and pay the full amount for the Services. This transfer of Service is a good will gesture on our behalf and is not an automatic right of the new Applicant and we reserve the right to terminate a Contract where the Main Applicant resigns and not transfer the account to a new Applicant. Accounts will be terminated for Sole Traders who cease to be associated with a business and are not subject to the Account Transfer process.

9.    Limitations and restrictions on the Services

9.1    The Mail Forwarding Services are subject to the following provisions:

(a)    All mail delivered to you at the Address will be forwarded to you as one package by 1st class Royal Mail once each week to the address designated by you in the Application Form. The day of sending may vary between Thursday to the following Monday of the mail being received. If you require recorded or special delivery you should inform us and this needs to be agreed in writing by email in advance and additional costs covered from the postage credit balance. We reserve the right to send mail on a later date where delays are caused by circumstances beyond our control.

(b)    We may register you with MPS (Mail Preference Service) to reduce the amount of unsolicited mail we receive. You should ensure that items posted through the postal service must not be a prohibited mail item. In such cases we will not handle these items of mail and they will be returned to the sender.

(c)    We will not accept courier deliveries to our premises nor do we accept responsibility for signed-for items. Please ensure anything that needs to be signed for is posted by the sender to an alternative address.

(d)    Mail delivered to you at the Address will not be made available for collection, but will be forwarded as set out in Clause 9.1(a) above. We do not offer the option for you to collect mail other than in individual cases of emergency or Royal Mail strikes where we deem appropriate in exceptional circumstances to allow it, this must always be agreed in writing in advance with us. Collecting mail or parcels from our premises without our prior agreement and authorisation will result in account termination. Using the Address to receive mail and then intercepting it and retrieving it without our prior agreement is deemed a serious and suspicious activity and will be reported to the relevant legal authority without notice to you. This includes where the Customer deems the mail or parcel to have been incorrectly delivered to our premises for any reason.

(e)    In the event that mail delivered to you at the Address is not marked in such a way that we are able to ascertain from the outside packaging that it is intended for you, we reserve the right to open such mail to determine for whom it is intended or for the purpose of establishing an address to return to sender.

(f)    In the event that you believe we have failed to forward mail sent to you at the Address in accordance with the Contract, you must notify us and the sender in writing as soon as reasonably practicable upon becoming aware of the same and, in the event that we have received such mail and not forwarded it, we will forward it to you (we accept no liability for mail that you cannot prove has been delivered to the Address and, for the purpose of this Clause, proof of postage of mail sent to you at the Address shall not constitute proof of delivery).

(g)    Any claims for items missing in the post must be taken up by you with Royal Mail direct. Should, on your request, we use special or recorded delivery on your behalf; we will provide you with the original receipt details to make any claims to Royal Mail direct. You will accept full and final responsibility for receipts and claims.

(h)    You should not arrange for any parcels to be delivered to our address. We do not accept any responsibility for accepting, signing-for, insuring, handling and storing of items containing items of any value, financial or otherwise; such items will not be accepted.

(i)    We reserve the right, at our sole discretion and without notice, to refuse delivery of and return to the sender (at your sole cost) or to withhold from forwarding any mail items delivered to you at the Address that are above 750g in weight or larger than 35.3cm x 25cm x 2.5cm, or multiple items in one delivery, or multiple deliveries such as mail promotion, marketing promotion and mail Application Form commercial activities.  In the event that we withhold such items from forwarding, we reserve the right to charge you a handling and storage fee of £15 per item per month pending collection by a courier nominated by you or delivery by us on such terms as may be agreed. There will also be an administration fee of £55 for coordinating and dealing with your parcel and courier collection. We reserve the right to discard items that are not collected within a maximum 28 days. Should we agree to forward a small parcel through Royal Mail or other courier we charge a minimum fee of £5 per item for handling and repackaging and readdressing in addition to the postal or courier costs which will apply.

(j)    All risk in mail delivered to you at the Address shall pass to you immediately upon delivery to the Address and it is your sole responsibility to arrange for appropriate insurance cover from such time.

(k)    We will charge an administration and handling fee for all packages and parcels received which either:

(i)      weigh more than 750g, (regardless of size); or
(ii)     are larger than 35.3cm x 25cm x 2.5cm (regardless of weight)

The above size and weight is classed by Royal Mail as a 'Large Letter'. Anything above this is classed as a 'Parcel'. Handling and administration fees will vary and advised to you accordingly.

(l)    We reserve the right in our absolute discretion to withhold from forwarding and/or to pass to any relevant authority, including but not limited to, HM Revenue and Customs and the police, any mail delivered to you at the Address, without notice to you.

(m)    You will not arrange for or permit the delivery of any noxious, harmful, deteriorating or dangerous substances to the Address and, in the event that we have reason to believe that any mail item delivered to you at the Address is or may be, in any way, noxious, harmful, deteriorating or dangerous, we reserve the right to dispose of such mail item as we see fit. Please refer to the current Royal Mail list of prohibited items for clarification.

(n)    The Address must not be used as a customer returns address or for returning customers goods, promotional or other similar items.

(o)    Without prejudice to Clause 9.1(a) above, unless otherwise agreed in advance and in writing, the Mail Forwarding Services may not be used in any direct marketing campaign which is likely to result in more than 10 items of the same type of mail being delivered to you at the Address in any one day.

(p)    We are unable to hold your mail for longer than 28 days except where agreed in exceptional circumstances, and if no credit is provided to cover Mail Forwarding Services then your mail will be returned to sender via Royal Mail after this period and your account will be terminated with 7 days notice of a final request to provide sufficient postage credit. The Mail Forwarding Service is only available during an active billing period of the Virtual Office Address Service. Mail forwarding and postage credit is mandatory for all accounts.

(q)    You may not use the Address for the purposes of (i)  registering with the UK electoral register; (ii) as a private or residential billing or postal address with any utility company including but not limited to: Gas, Electric, Oil, Water, Sewage, Rates, Council Tax, Telephone land lines, Broadband, Cable TV, SKY TV and TV Licensing; (iii) as a Personal address;   (iv) as a location to inspect Company records (please use a SAIL address); (v) for someone else’s use who does not have our approval; (vi) where Mail Redirect is not permitted; Such mail is clearly marked on the envelope exterior and will be returned to sender without any notice to you; (vii) for personal use.

(r)    We cannot accept personal visitors to the Address associated to the Services we provide:

(i)    You should ensure you take action to avoid people coming to the Address looking for you or your company associated with complaints, debts, law enforcement and other matters that associate the Address or our Services in a negative way. Should we receive such a visitor you permit us to disclose your contact details as supplied on the Application Form, without your prior or written consent, should anyone need to urgently contact you, including but limited to, law enforcement agencies. With a warrant to do so we will also supply your details to court-appointed bailiffs, high court enforcement officers, trading standards and local Council departments. We will not disclose your details to any person for any reason without a warrant to do so.

(ii)    A second incident of this type of visitor will result in immediate full and final cancellation of the Services upon our email notification to you. On either occasion, no refund will be given for any remaining part of your Services. You will be liable for Unauthorised Usage Fees should the Address be continued to be used thereafter. Where appropriate, where we do not impose a full and final cancellation, we may restrict the Services to disallow the use of our Address as a registered office address, trading address, or other use, as we deem necessary regarding any issue that may arise.

(s)    You may not use the domain names on the Website or any of our trademarks or service marks or designs for your personal or commercial purposes.

(t)    When disclosing the Address to any third party (including in advertisements) you may not add any additional information.

(u)    Any mail we receive after termination of the Contract will be returned to Royal Mail as “undelivered and not at this address”.

(v)  The Applicant may not use the Services for any business names on the Account that are either struck off the Companies House register or are in the process for 'proposal to strike off', including any delays or objections during the process, and regardless of whether the Applicant or any other persons as initiated the strike off process. Should we find a company name has been proposed for strike off or has been struck off, the Account will be immediately terminated in full and no refund will be due to you. Acting as Authorised Person, Forms AD01 and CH01 will then be submitted to Companies House to request a change of address to your residential address.

 

9.2    The Mail Scanning Service was withdrawn to new Customers on 11/04/2014.  Clients with a current Mail Scanning Service are subject to the following provision:

(a)    Our Scanning Services includes for up to 50 documents to be scanned and emailed per month. Unused quota will not be rolled over to the next month. Mail Scanning does not include multi-part documents or forms, junk mail, magazines, leaflets, brochures, posters, and similar mail. We will open, scan to PDF and email your business mail to you on the day it arrives (if the mail arrives on a non business day it will be sent on the following business day). We will send all of the scanned mail content (plus any items not scanned) in one envelope each Friday, unless instructed otherwise. Alternatively, we can shred your mail content if you confirm that instruction to us by return email once we have emailed the scanned PDF(s) to you. Please note we can only email your mail once as all scans are deleted off the computer after sending them to you.

9.3    The Virtual Office Address Service is subject to the following provisions:

(a)    You can use the Address for two different business names on one Application Form. Both businesses must be owned by you and we will treat all mail as one, therefore it will also be mailed to one forwarding address. Should a trading name be owned or run under or part of a Limited Company, LLP, Charity or other formal registered entity, then the Limited Company name must be included on the application form and will count as one of the business names used on the account, even if you choose not to use the Address in association with it.  Additional business names will be charged at an additonal fee and if a business name is added after the Service has commenced, this fee will cover the use of the Service for the remaining duration of the main account.

(b)    Should we find that you use the Address without our authorisation we will notify the relevant organisations to report misuse of the address with their organisation.

(c)    We will inform your website hosting company that you are using the Address without our consent and request an immediate cease and desist until the Address is removed. Google will also be informed by submission of a DMCA who may remove your website from their search engines as a result. We will also inform trading standards and any associations or bodies you are a member of or related to that our address is being used without our authorisation.

9.4    Nothing in these terms and conditions shall limit or exclude the Supplier's liability for:

(a)    death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;

(b)    fraud or fraudulent misrepresentation;

(c)    breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); or

9.5    Subject to clause 9.4:

(a)    the Supplier shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract ; and

(b)    the Supplier's total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Fees paid under this Contract.

9.6    Except as set out in these terms and conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.

9.7    This clause 9 shall survive termination of the Contract.

10.    Contact details and amendments

10.1    You must notify us immediately in writing if there is a change to your application, contact or verification details as set out in your Application Form.

10.2    Save as may be expressly provided elsewhere in the Contract, we reserve the right to amend the Terms and Conditions from time to time without notice to you and you agree to be bound by any such changes in your subsequent use of the Services.  We therefore recommend that you review the Terms and Conditions from time to time by checking the Website.

10.3    We will only discuss your account by email, using the email address provided within your application form. You should inform us immediately if your contact email address changes. We will only use one contact email address per account. You may change your contact email address by emailing us in advance from the email address we have on record for you, to notify us of the new contact email address. Failure to do so may require us to undertake additional security checks to establish you are the owner of the new contact email address.

10.4     Applicants should check their email account regularly as we cannot accept undelivered emails as your reason for not undertaking any actions we have requested in relation to your account such as supplying us with specific information we require, renewing accounts, and making contact with you where we deem necessary.

10.5     Any emails we send yo you that you do not reply to within 14 days from the first email sent, will result in account suspension for 7 days followed by one further attempt to contact you by email prior to your account being closed within a further 7 days and no refund will be due in such circumstances. You will need to submit a new application, subject to our approval, to renew the service.

10.6     From time to time we may send mail to your address, a specific security code that we will ask you to verify back to us. This is to confirm you are at the address provided to us on your application form, and includes any new address we have on record for you if you have changed address since your initial application). Failure to confirm the correct code when requested will result in suspension fo the Services for 7 days followed by ccount Termination where the Code cannot be confirmed. The code will be sent by Recorded Delivery for proof of delivery to the Applicants home address.

11.    Warranty

11.1    You warrant that you will not use the Services for any unlawful, fraudulent or immoral or similar purposes or in connection with any business that is in breach of any applicable legislation (primary and subordinate), rules, regulations or order of applicable authorities or in competition with the Services offered by us. From time to time we may request proof of your relevant lawful registrations in relation to your business activities which use our Services. Failure to provide such documents within 7 days will result in a suspension of Services for 14 days followed by Account Termination where the proof of registrations are not supplied to Us.

11.2    You will not during or after the term of this Contract carry out any act or make any omission (whether in respect of use of the Address or otherwise) that may damage the goodwill or reputation of the Address and/or our business or may bring the Address and/or our business into disrepute.

11.3     We reserve the right to report any suspicious, unlawful or illegal activity through the use of this service including but not limited to: The National Crime Agency, Trading Standards, HMRC, Financial Conduct Authority, Companies House and the Police.

12.    Indemnity

You agree to indemnify and keep us indemnified against all actions, claims, proceedings, costs, damages and expenses (including, without limitation, legal fees) arising out of the breach of any of the warranties contained in Clause 3 and Clause 11.

13.    IP Rights

13.1    All Intellectual Property Rights in or arising out of or in connection with the Services shall be owned by the Supplier.

13.2    The Customer acknowledges that, in respect of any third party Intellectual Property Rights in the Services, the Customer's use of any such Intellectual Property Rights is conditional on the Supplier obtaining a written licence from the relevant licensor on such terms as will entitle the Supplier to license such rights to the Customer.

13.3    All Supplier Materials are the exclusive property of the Supplier.

14.    Confidentiality

A party (Receiving Party) shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the Receiving Party by the other party (Disclosing Party), its employees, agents or subcontractors, and any other confidential information concerning the Disclosing Party's business, its products or services which the Receiving Party may obtain. The Receiving Party shall restrict disclosure of such confidential information to such of its employees, agents or subcontractors as need to know it for the purpose of discharging the Receiving Party's obligations under the Contract, and shall ensure that such employees, agents or subcontractors are subject to obligations of confidentiality corresponding to those which bind the Receiving Party. This clause 14 shall survive termination of the Contract.

15.    Termination

15.1     We may immediately terminate the Contract at any time by notice in writing to you if:

(a)    we suspect that you are or may in the future use the Services in breach of the warranties set out in Clause 3 and Clause 11 above;

(b)    you are in material breach of any of your obligations under the Contract which you have failed to remedy (if remediable) within 7 business days of written notice requiring you to do so; or

15.2    The Customer may terminate the Contract or cease to use the Services at any time but the Customer will not be due any refund for any whole or part of the unused part of the Contract (other than for any unused Postage Credit as set out in clause 6.7).

15.3    Termination shall be without prejudice to the accrued rights of the parties as at the date of termination.

16.    Effect of Termination

16.1    On termination of the Contract for any reason:

(a)    we will cease to provide the Services to you;

(b)    you will cease all use of the Address including but not limited to at Companies House and HMRC and will destroy all stationery, business cards, promotional and other materials in your possession bearing such Address, remove all references to the Address including, without limitation, from your electronic mail and cease all marketing and promotional activities utilising our office services, address; and

(c)    you will immediately notify all your business contacts and if appropriate Companies House, HMRC and any other regulatory authority of your change of address;

(d)    all mail held or received by us on your behalf on or after the date of termination will be returned to Royal Mail as “undelivered-not at this address”.

16.2    Termination of the Contract for whatever reason shall be without prejudice to any cause of action which has accrued to any party prior to expiry or termination.

17.    Competition

During the continuance of the Contract and for a period of six months after termination, you will not (whether directly or indirectly and operating by yourself or by agents, sub-contractors or group companies) provide any service which may compete with the Services.

18.    Data protection and privacy

18.1    We will store and process your data received from you under the Contract in accordance with the provisions and obligations imposed by the Data Protection Act 1998.

18.2    We reserve the right to disclose your data received from you if we are required to do so by any competent court or regulatory body, without notice to you.  If we are required to disclose your data, if permitted by law, we will attempt to notify you of such fact as soon as it is reasonably practical to do so.

18.3    You agree that we may contact you to notify you of changes to, or information about, the Services and any other services that we may offer from time to time.

19.    Force majeure

19.1    For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of the Supplier including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the party or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.

19.2    The Supplier shall not be liable to the Customer as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.

19.3    If the Force Majeure Event prevents the Supplier from providing any of the Services for more than 6 weeks, the Supplier shall, without limiting its other rights or remedies, have the right  to terminate this Contract immediately by giving written notice to the Customer.

20.    Assignment and subcontracting

20.1    The Supplier may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party.

20.2    The Customer shall not, without the prior written consent of the Supplier, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.

21.    Notices

21.1     Any notice or communication under or in connection with the Contract shall be in writing (and, unless such notice is in electronic form, shall be signed by the party by whom it is given).

21.2    Any notice or communication under or in connection with the Contract shall be delivered by post (using registered mail) or electronic mail to the respective addresses or electronic mail addresses given below or such other address or electronic mail addresses as either party may notify to the other from time to time.

21.3    In the case of notices or communications sent by post, proof of delivery using registered mail shall constitute proof of receipt and in the case of notices or communications delivered by electronic mail, an electronic delivery report shall constitute proof of receipt.  The date of receipt shall be:

(a)    in the case of a notice sent by post, on the date of delivery, as confirmed by the proof of delivery from the registered postal service provider;

(b)    in the case of electronic mail on the date on which the electronic mail is transmitted by the sender according to the electronic mail delivery report.

21.4    The addresses for notice under this Clause shall be:

(a)    Us:

Address: the Address
Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

(b)    you:
such address and email address as set out in your Application Form.

22.    Waiver and cumulative remedies

22.1    A waiver of any right under the Contract is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

22.2    Unless specifically provided otherwise, rights arising under the Contract are cumulative and to not exclude rights provided by law.

23.    Severance

23.1    If a court or any other competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.

23.2    If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

24.    No partnership

Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.

25.    Third parties

A person who is not a party to the Contract shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.

26.    Variation

Unless expressly stated otherwise in this Contract, no amendment or variation to the Contract as proposed by one party shall be valid unless in writing and unequivocally accepted in writing by the other.

27.    Set off

You shall not be entitled to set off any monies due or owing or claimed by you to be due by us to you against any monies due or owing by you to us.

28.    Governing law and jurisdiction

This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.

 
Freebies from FCVO

We offer some *free services which you can take advantage of when you sign-up for our virtual office service.

Read more...
Website Address & SEO

You can use our business address as if it were your own and this helps you get listed in Google really fast!

Read more...
© 2012 All rights reserved.