How we do business with you
|The headings are for convenience only and shall not affect the interpretation. In these Conditions unless the context otherwise permits:-
"the Company" means Mobunti Limited (registered in England number 2892806) or any name the Company trades under
"the Customer" means the person or business who accepts a quotation of the Company or whose order for the Goods/Services is accepted by the Company.
"the Goods" means the goods (including any instalments of the goods or any parts for them) which the Company is to supply in accordance with these Conditions.
"the Services"means the services (including any instalments of the services or any parts for them) which the Company is to supply in accordance with these Conditions.
"the Conditions" means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in Writing between the Company and the Customer.
"the Contract" means the contracts for the purchase and sale of Goods or Services.
"Writing" includes facsimile transmission but does not include email, unless digitally signed.
"Data" means the data that we provide to you in providing the Services specified on the website.
|1.||BASIS OF THE SALE|
|1.1||No variation to these Conditions shall be binding unless agreed in Writing between authorised representatives of the Company and the Customer.
|1.2||The Company's employees or agents are not authorised to make any representations concerning the Goods or Services unless confirmed by the Company in Writing. Any advice or recommendation given by the Company or its employees or agents to the Customer or its employees or agents which is not confirmed in Writing is followed or acted upon entirely at the Customers own risk. In entering into the Contract, the Customer acknowledges that it does not rely on and waives any claim for breach of any such representations, advice or recommendations, which are not so confirmed.|
|1.3||The Customer shall be responsible to the Company for ensuring the accuracy of the terms of any order.|
|1.4||No order which has been accepted by the Company may be cancelled by the Customer except with the agreement in Writing of the Company and on terms that the Customer shall indemnify the Company in full against all loss (including loss of profit) costs, damages, charges and expenses incurred by the Company as a result of cancellation. Orders relating to the provision of a Service rather than the provision of Goods are deemed to have taken place at time of order and therefore no cooling off period is provided. Examples of services (but not limited to this list) are a successful company formation, a company credit report, document scans from Companies House or postcode lookup services. No refunds can be given under these circumstances. We abide by the terms of the distance selling regulations for any non-customised product, subject to a quality check of the product on its return.|
|1.5||When requesting the Goods or the Services for the first time, you will be given an individual user account specific to your company. You must use this account when requesting the Goods or the Services from the Company. Internet orders placed using your online account details will be deemed to have been made by you. It is your responsibility to protect your account access details from third parties and change password details periodically or if you feel that someone may have been made aware of your details.|
|1.6||On accepting an internet based request, we will acknowledge our acceptance of your order request and confirm the details you have supplied us with by way of e-mail. Our acceptance of instructions is deemed to have occured at the time of our sending the email and not at the time of your receipt.|
|1.7||The Company reserves the right by giving notice to the Customer at any time before delivery to increase the price of the Goods to reflect any increase in the cost of the Company which is due to any factor beyond the control of the Company.|
|1.8||Unless otherwise specified, the price is exclusive of any applicable Value Added Tax which the Customer will be additionally liable to pay to the Company.|
|1.9||In addition to providing goods and data services, the Company also provides labour services in terms of either customer support or software development. These services are charged at the prevailing rate (currently £70 per hour +VAT) unless otherwise specified, between the hours of 8am and 6pm Monday to Friday. Work requests undertaken between 6pm and midnight on a working weekday (Monday - Friday excluding public holidays) shall be charged at time and a half (i.e. 1.5 x the prevailing hourly rate). Work requested to be carried out between midnight and 8am Monday to Thursday, or between midnight on Friday evening and 8am Monday morning, or at any point in time on a public holiday, shall be charged at double time (i.e. 2.0 x the prevailing hourly rate). There is a minimum charge of 1 hour applied to any labour request (software development or chargeable customer support), costed based on when the work is carried out. For example, an emergency support request at 2am will be charged as 2.0 times the hourly rate for a minimum cost. If a set amount of time has been prebooked on an ongoing monthly basis, this applies to normal working hours only and any requests to use prebooked time outside office hours will result in the time being used up at the appropriate rate for that time slot. Any work request that is up to 4 working hours in length is required to be paid in full, in advance of work commencing. Anything more than 4 hours but not more than 16 hours requires 50% to be paid in advance and 50% within 7 days of completion. Jobs of 2 days or more require 35% in advance, 35% at an agreed point, part way through the job (depending on the job) and the final 30% within 7 days of completion. Failure to complete payment on time may result in future work being carried out on a payment in full basis only.|
|2.1||We give no warranty that your use of the Services will be uninterrupted or error free. Much of the Data accessible via our online Services is provided via third parties (for example, but not limited to: Companies House, credit reference services and Royal Mail PAF data). We will not be liable for any loss or damage arising from any inaccuracies, faults or omissions or in the provision of the Data.|
|2.2||In your use of the Services and the Data, you will comply with all applicable regulations. You process personal data in accordance with the Business Requirements Specification and the General Data Protection Regulations. You will indemnify us against all costs (including legal costs), claims, damages, demands and expenses arising directly or indirectly out of any claim by a third party which arises in connection with your breach of this clause.|
|2.3||Any Data containing Personal Data must be destroyed when it is no longer necessary for you to retain it.|
|2.4||You will keep all Data secure and confidential and will not disclose, transfer, distribute or re-sell the Data or any part thereof except to a Group Company and you will be responsible for ensuring that any such Group Company complies with these Terms.|
|2.5||The provisions of the Electronic Commerce (EC Directive) Regulations 2002 shall not apply to this agreement if you are using the Site in the course of your business.|
|2.6||If making use of our Companies House 'newly formed companies' service for notification of newly formed companies, the following additional terms apply:|
|2.6.1||The supplied data is not seeded or tracked in any way. There are no maximum usage requirements. You may use the address details as many times as necessary, being aware that over time, companies can change their registered office address.|
|2.6.2||Once you have bought a company record, you are allowed to re-export the record(s) at a later date, free of charge. For example, if you export all data from June 2019 and want to re-use the data in November 2019, you can re-request the June 2019 data again and only pay if you receive a company you have not received previously - companies that have already been supplied on your account can be exported again, free of charge. This will pick up any address changes that may have taken place as well|
|2.6.3||Pricing of the company records is as indicated on our website and is based on the quantity you purchase in a single transaction. Grouping 2 or 3 potential transactions into a single transaction may therefore get you a cheaper price.|
|2.6.4||Each time you receive an automated export you will be advised in the email how many credits you have remaining. You can top up your credits on the website using the link in the email, or you can contact firstname.lastname@example.org and ask for an invoice to be individually raised if you wish to pay by BACS instead of credit/debit card. If you are purchasing quantities larger than are available to purchase online directly and so have custom pricing, we will need to raise manual invoices otherwise the price per record will not reflect the agreed bulk pricing.|
|2.6.5||Company data credits need to be paid for in full before they are used. Payment can be via BACS (if we manually email you an invoice) or via debit/credit card if paying via the website. Regular users can set up a direct debit facility that we can take payment from as soon as the invoice is raised.|
|2.6.6||The data we supply is based on the companies that have been formed with Companies House. There is no set pattern to how many companies per day or per week with a particular criteria will be formed and so we cannot supply a "monthly" package. You purchase an amount of credits and if those credits have not all been used by the end of the month, then you have some spare for the following month. If you have used them all by the end of the month, you may need to purchase more to reach the end of the month. Any credits purchased are non refundable unless a refund is requested within 24 hours of purchase and none of the credits have been used. As soon as any quantity of credits have been used or 24 hours have elapsed since purchase, they are non refundable.|
|2.6.7||By default we do not supply the personally identifiable information (PII) of a director's name, occupation, or approximate age. This is available and can be selected free of charge to be exported as it is part of public records, however by receiving this data you are then storing and processing PII data and so are subject to the GDPR regulations. If you are using the director's name as part of your mailing, you must do so under the legitimate interest rules of GDPR and understand that Mobunti Limited has no control of and will give no guidance on your marketing content to determine whether it falls within the legitimate interest rules.|
|2.6.8||We are reliant upon Companies House database services. Usually we receive notification of the previous working day's companies in the early morning of the following day, however no guarantee is supplied as to when the data is made available on our website. We will carry out every endeavour to get the matches out as quick as possible but if Companies House have technical issues, then this is not under anyone's control. Once we have received and processed the data, this information will be communicated on the website where we identify recent daily data counts. Only at that point will the previous working day's data be available on the system|
|2.7||Additional Terms and Conditions relating to other services are supplied with any request for that service and are not included here.|
|3.||COMPANIES HOUSE FORMATION SERVICES|
|3.1||When using our company formation services, it is your responsibility to ensure that any company name you choose is available for registration and can be lawfully used by you. We accept no liability for your choice of name.|
|3.2||Once a form has been submitted to Companies House, we cannot stop the request from being processed by Companies House. Once Companies House have accepted the form, your contract to us for providing the service is binding.|
|3.3||Companies which are Limited By Shares (normal trading companies) are formed with shares issued to shareholders as "unpaid" at point of formation. You can then opt to pay for those shares after formation, or transfer them as unpaid shares to a third party (i.e. transferring off-the-shelf companies).|
|3.4||If you require to provide your own Memorandum and Articles of Association, they must be supplied in the prescribed format (usually PDF) and you are deemed responsible for the content contained therein. No transposing of entered data will happen with your uploaded document like it would if you used a system supplied document so you are responsible for ensuring it matches with the entered data.|
|3.5||Companies House have no requirement to accept a submitted form. If a form is rejected, you may re-submit as many times as required or you may request a refund of monies paid (excluding processing fees such as credit card surcharges and identity checking fees)|
|3.6||We are required to abide by the Anti Money Laundering Regulations and as such for all new customers, unless as an accountant, solictor, estate agent etc, you are already under the regulations yourselves, being monitored by an approved body, we are required to carry out checks. Whilst these checks are carried out electronically normally, there are occasions where we are required to request approved copies of paper documents. Any timescales for estimated formation times do not include any time taken to verify your identity prior to the formation submission. Once you have been verified, other than us continuously monitoring account activity, subsequent submissions will not be paused and so you can make use of the guaranteed same day services if required|
|4.||TERMS OF PAYMENT|
|4.1||Unless the Company shall have previously agreed in Writing with the Customer that the Goods or Services shall be supplied on credit, payment for the Goods or Services shall be made in full by the Customer with the Customer's order or with the Customer's acceptance of the Company's quotation.|
|4.2||Where the Company has agreed to supply the Goods or Services on credit, the credit period shall be that specified on the invoice. The standard credit period, where credit is provided is 14 days from date of invoice. Customer specific credit periods can be arranged in certain circumstances.|
The time of payment of the price shall be the essence of the Contract. If the Customer fails to make a payment on the due date then without prejudice to any other right or remedy available to the Company, the Company shall be entitled to:-
|4.4||Any Service relating to the late payment may result in a cessation of the Service until cleared funds have been received. The Company may levy any charges necessary to re-supply the Service to the Customer. This is usually 0.5 hours of our prevailing hourly rate, currently £70, and so would be £35+VAT|
|4.5||Any dispute with an invoice issued by the Company must be put in Writing within 14 days of issue.|
|4.6||The Company may make use of third party services to identify possible credit card misuse and may place an order on hold if we believe that there is a requirement to request extra identification from the purchaser. Failure to provide the requested identification documents will render the order cancelled. The Company reserves the right to charge for any credit card processing fees and any costs incurred against the order. Cancelled orders due to non supply of requested proof of identity will be kept on file for the authorities, should that ever be required.|
The Company may make use of automated verification services, such as but not limited to, verification of email address, verification of landline telephone number or verification of address, postcode and security details provided for a credit card purchase. These procedures are in place to prevent the fraudulent use of our services. Failure to provide a verification of your details may result in your order being postponed until verification is complete. Refusal to proceed with the verification (e.g. not responding to telephone verification when prompted) will constitute a request to cancel the order, at which point you will be invoiced for any costs involved in your purchase (such as but not limited to credit card processing fees)
|5.||LIABILITY, EXCLUSION AND LIMITATION|
|5.1||Our entire liability in respect of any single cause of action arising out of or in connection with your use of the Data (whether for breach of contract, in negligence or any other tort, under statute or otherwise at all) will be limited, to the extent that the cause of action relates to the Data, at our option, to: (i) supplying the relevant Data again; or (ii) repaying to you the amount you paid, excluding VAT in respect of the relevant Data.|
|5.2||We will not be liable to you for any indirect or consequential loss or damage, or any loss of opportunity, business, profit, reputation or goodwill arising out of your use of the Services and/or the Data.|
|5.3||You will indemnify us against all costs (including legal costs), claims, damages, demands and expenses arising directly or indirectly out of any claim by a third party which arises as a result of your use of the Services or the Data, unless caused by our negligence|
|5.4||No cause of action will arise if the performance of the relevant obligation is prevented or delayed, or accrual of any liability on the part of either party is occasioned, as the case may be, by any event beyond the control of that party including any of the following: act of God, governmental act, war, fire, flood or other natural disaster, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data) and industrial action.|
|5.5||We make no representations or warranties about the accuracy, completeness or suitability for any purpose of the information and related graphics published on our website. The information contained in our site may contain technical inaccuracies or typographical errors and is intended to be a general indication of our services only and is not intended to constitute professional advice. Always seek detailed advice from qualified and experienced professionals in relation to any particular matter or circumstance. We cannot accept any liability to you or anyone else for any losses of any nature resulting from any decision made or action taken in reliance on the information contained in this site.|
|5.6||Our liability for any loss or damage (compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties) arising out of any single claim will be limited to the value of re-supplying the relevant services to you. You agree that this limitation is reasonable having regard to the nature of our site and in particular given that when you purchase information or services through our site you will enter into a separate contract with us in each case.|
|5.7||Time is not of the essence for the performance of the services. We will use our reasonable endeavours to meet the time estimates given on our site or by a representative by telephone, but these remain estimates and in particular we accept no responsibility for delay caused by third parties or for reasons outside our control (such as the unavailability of the world wide web or for computer systems or telecommunications failure).|
|5.8||The Company provides introductions to other suppliers for their services. This includes but is not limited to Bank Accounts, Trademark Attorney, Legal and Accounting Services. We can accept no liability or responsibility for services offered or declined by third party companies. This site also contains links to connect to other websites maintained by third parties. We have no control over the contents of those sites and make no representations as to the accuracy of the information contained in those sites. We cannot accept any liability for any losses of any nature you may suffer as a result of visiting those sites.|
|5.9||Force Majeure. We shall not be liable to you for any breach of the terms and conditions or any failure to provide or delay in providing our services through our site resulting from any event or circumstance beyond our reasonable control including, without limitation, breakdown of systems or network access, fire, explosion or accident.|
|6.1||We grant you, subject to these Terms, a non exclusive, non assignable licence to access and use the Services and Data on this website. You may only use the Services and the Data for your own business purposes and in accordance with all applicable regulations.|
|6.2||Product and company names appearing on the Website or in Data may be the trade marks or registered trade marks of their respective owners and should not be reproduced or copied without the owner's permission.|
|6.3||Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to that other party at its registered office or principle place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving notice.|
|6.4||No waiver by the Company of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.|
|6.5||If any provision of these Conditions is held by any authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provisions in question shall not be affected thereby.|
|6.6||These terms and conditions are not intended to be enforceable by any third party as provided by the Contracts (Rights of Third Parties) Act 1999
|6.7||All rights in the design, text, graphics and other material on our site and the selection or arrangement thereof are the copyright of the Company or of third parties. Permission is granted to electronically copy and print in hard copy form, portions of our site, solely in connection with the acquisition of goods or services through our company. Any other use of materials on our site (including reproduction for purposes other than those mentioned above, and alteration, modification, distribution or republication) without our prior Written permission is strictly prohibited
|6.9||The Contract shall be governed by the laws of England.|
Modified 28th August 2019.
Reason. Make clearer section 2.6 and remove references to credit reports which we no longer provide
Modified 4th October 2015.
Reason. Update for reference to change of name from The Company Merchant Limited to Mobunti Limited
Modified 10th August 2011.
Reason. Addition of point 3.7 covering the requirement of third party banking institutions to have confirmation of agreement for customer details to be passed to them
Modified 19th June 2006.
Reason. Primarily renumbering the document, and making clearer the existing refund policy for documents purchased through Companies House, credit reports and Limited Company Formations with Companies House