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eFAZe.com
User Agreement
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This user agreement is a legal contract between you
and Efaze Ltd. ("Supplier") governing your use of this web site. The Supplier
is unwilling to license your use of this web site except on the terms contained
in this user agreement. Your use of this web site shall constitute your
acceptance of the terms of this user agreement. If you do not wish to agree to
the terms of the user agreement, discontinue all use of this web site. The user
agreement is the complete and exclusive statement of the Supplier's obligations
and responsibilities to you, and supersedes any other agreement, proposal,
representation, or other communication by or on behalf of the Supplier its
partners or subsidiary companies or parent or holding company, relating to the
subject.
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1. License
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The Supplier grants you a non-exclusive,
non-transferable, limited right to access, use and display this web site (the
"Site") and the materials provided hereon, provided that you comply fully with
the terms and conditions of this User Agreement. The contents of the Site are
only for your internal use.
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2. User Conduct on the Site
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When using this Site, you agree: Not to interrupt, or
attempt to interrupt, the operation of this Site in any way; Not to restrict,
in any way, any other user from using this Site; Not to post or transmit to the
Site any software viruses or any other malicious code designed to interrupt,
destroy or limit the functionality of any computer software, hardware or
telecommunications equipment; Not to post any obscene, indecent, pornographic,
hateful, profane, sexually explicit, abusive, false or misleading, fraudulent,
slanderous, libelous, defamatory, unlawful or otherwise objectionable material,
at any time, this list is not exhaustive. To assume sole responsibility for the
content of any materials you post on the Site; Except as necessary to use the
Site as provided in Section 1, not to copy, reproduce, post or distribute, in
any way, any portion of this Site or derivative works thereof; To comply with
any reasonable rules or regulations relating to use of the Site posted on this
Site.
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3. Charges
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Services on this Site are available only through the
purchase of Online Company Formation Services ("Formation Services"). You agree
to pay, using a valid credit card that the Supplier accepts, or by monthly
standing order, direct debit, payment by cash, cheque or bank transfer on
receipt of a periodic invoice, the fees set forth on the Site, applicable
taxes, and other charges incurred on your account in order to access Formation
Services. Our charges for the use of the site will be as notified by us from
time to time. We may set credit limits regarding the value of Formation
Services charges which may be outstanding at any time. The Supplier reserves
the right to change fees, or to institute new fees at any time, upon reasonable
notice posted in advance on this Site. Where extended credit terms are made
available to you by the Supplier, at the Suppliers discretion, on a monthly
basis, the Supplier will automatically charge your account for the Formation
Services which you have purchased. In the event the Supplier cannot charge your
account, the Supplier reserves the right to terminate your access to the
Formation Services. No refunds or credit will be granted for cancellation or
termination for any reason. In addition to the charges set forth above, you are
responsible for all expenses and charges associated with accessing of the World
Wide Web and connecting to the Site, any service fees associated with such
access and connection, and for providing all equipment necessary for you to
make such connection, including, without limitation, computer and modem. For
purposes of identification and billing, you agree to provide the Supplier with
accurate, current and complete information required by the site registration
for the Formation Services, including, without limitation your legal name,
address, telephone number(s), email address, and applicable payment data (e.g.
credit card number and expiration date, bank account number, sort code, account
name, and bank name, branch and address) and to maintain and update this
information to keep it accurate, current and complete. Failure to provide and
maintain accurate, current and complete information may, at the Supplier's
option, result in immediate suspension or termination of your right to use the
Formation Services. In the event of any known or suspected unauthorized use of
your Formation Services, or any known or suspected breach of security,
including loss, theft, or unauthorized disclosure of your password or credit
card information, immediately notify the Supplier's Customer Services. In the
event of a breach of security, you will remain liable for any unauthorized use
of your Formation Services until you notify the Supplier Customer Services of
such breach of security.
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4. Proprietary Protection of Site
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The Supplier is the owner or licensee of all rights,
titles and interests in and to all materials on this Site, including, without
limitation, text, images, software and Formation Services, and all
modifications and enhancements thereof (collectively "Site Content"), including
ownership of all trade secrets, copyrights and patents pertaining thereto. This
agreement does not provide you with title or ownership of this Site or the Site
Contents, but only a right of limited use in accordance with this User
Agreement. You may not download, display, reproduce, create derivative works
of, transmit, sell or distribute, the Site, the Site content or any portion
thereof, except as otherwise provided in this User Agreement; provided you may
print a copy of your information on this Site for your personal use or records,
as directed by the Supplier. You acknowledge and agree that this Site and the
Site Contents consists of proprietary products of the Supplier, protected under
United Kingdom copyright law and trade secret laws generally. You will devote
your best efforts to ensure that all your personnel and all other persons
afforded access to this Site shall protect it against improper use, and will be
bound by the same clauses contained herein. You acknowledge that the Supplier
does not grant any license or other right to use any of its trademarks, service
marks, copyrightable material, or other intellectual property, by placing them
on this Site. You acknowledge that, in the event of your breach of any of the
provisions of this clause, the Supplier will not have an adequate remedy at
law. The Supplier shall therefore be entitled to obtain an injunction against
such breach from any court of competent jurisdiction immediately upon request.
The Supplier's right to obtain injunctive relief shall not limit its right to
seek further remedies.
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5. Password
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As part of the registration process for Formation
Services, you will select a password. You are solely responsible for
maintaining the confidentiality of any password you use to access the Formation
Services, and agree that the Supplier will have no obligations with regard to
the use by third parties of such password.
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6. Privacy and Security
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The Supplier has taken reasonable actions, including
encryption and firewalls, to ensure that your personal information is disclosed
only to those designated by you. However, you acknowledge that the Internet is
an open system and the Supplier can not and does not warrant or guarantee that
personal information will not be intercepted by third parties. For more
information, see the Privacy Statement posted on this Site.
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The Site may contain links and pointers to other
sites on the Internet, which may be maintained by third parties. Such links do
not constitute an endorsement by the Supplier of any third-party site or any
materials contained therein. You acknowledge that the Supplier does not
control, and is not responsible for, the availability, accuracy, or currency of
such third-party sites or any information, content, products or services
accessible from such third- party sites. If you make purchases through
third-party sites, you may be asked by the merchant or service provider from
whom you are making the purchase to supply certain information, including
credit card or other payment mechanism information. You agree not to hold the
Supplier liable for any loss or damage of any sort incurred as a result of any
such dealings with any merchant or service provider through any third-party
site. You agree that all information you provide any merchant or service
provider through the third-party site for purposes of making purchases will be
accurate, complete and current. The merchants and service providers offering
merchandise, information and services through third-party sites set their own
prices and may change prices or institute new prices at any time. You agree to
pay all charges incurred by users of your account and credit card or other
payment mechanism at the prices in effect when such charges are incurred. You
also will be responsible for paying any applicable taxes relating to purchases
through third-party sites.
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8. Information Provided
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You acknowledge that any reliance upon any advice,
opinion, statement, or other information displayed or distributed through the
Site is at your sole risk. The Supplier reserves the right, in its sole
discretion and without notice, to correct any errors or omissions in any
portion of the Site, to modify the Site, to add or delete features on the Site,
or to deny access to the Site to anyone at any time. You acknowledge and agree
that the Supplier is not responsible for any materials posted by third-party
users of the Site. Prior to purchasing any third party products or services
described on the Site, you are advised to verify pricing and other information.
The Supplier shall have no liability arising from your purchases of third party
goods or services based upon the information provided on the Site.
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9. Indemnification
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You hereby agree to indemnify, defend and hold
harmless the Supplier, their authors, employees, agents or publishers, from and
against any and all claims, proceedings, damages, liability and costs
(including reasonable legal fees) incurred by the Supplier in connection with
any claim arising out of (i) any breach or alleged breach of any of your
obligations set forth herein, (ii) any acts by you or materials or information
posted or transmitted by you in connection with the Site regardless of the type
or nature of the claim. You shall cooperate as fully as reasonably required in
the defence of any claim. The Supplier reserves the right, at its own expense,
to assume the exclusive defence and control of any matter otherwise subject to
indemnification by you and you shall not in any event settle any matter without
the written consent of the Supplier.
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10. Disclaimer of Warranty
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The Site (Including all content, software, functions,
Formation Services, materials and information made available thereon or
accessed by means thereof) is provided "as is" and is designed for general
information use only and is not intended to give specific advice relating to
you or any visitor or user's circumstances. Whilst all reasonable efforts are
made to keep the Site up to date, there may be times when this is not the case
due to the release of new or updated products or material. The Supplier does
not accept any liability to you or any visitor or user, whether in contract,
tort or otherwise for any loss, damage or expense which may be incurred as a
result of any reliance or non-reliance on any of the information contained in
this Site. The Supplier makes no other warranty of any kind whatsoever express
or implied. Any and all warranties are expressly disclaimed, including without
limitation, title, security, accuracy, non-infringement, availability, and
accuracy or uninterrupted access. This disclaimer of liability applies to any
expenses, damages or injury caused by any failure of performance, error,
omission, interruption, deletion, defect, delay in operation or transmission,
computer virus, communication line failure, theft or destruction or
unauthorized access to, alteration of, or use of record, whether for breach of
contract, strict liability, tortuous behavior, negligence, or for any other
cause of action.
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11. Limitation on Liability
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In no event shall the Supplier or any provider of
content or services be liable to you, or any other person or entity for any
direct, indirect, special, consequential, incidental or punitive damages
(including damages for business profits, business interruption, loss of
business information or similar losses) even if the Supplier has been advised
of the possibility of such damages. If you intend to act on any information
related to the Site you should first seek independent taxation and/or financial
advice. Whilst all reasonable care is taken to ensure that the information and
data contained in the Site is accurate, the Supplier does not warrant this and
all liability is expressly excluded to the maximum extent permitted by law. The
Site is designed for use by UK residents only and the information contained
within it relates to residents of the UK only. In no event shall the Supplier
or any provider of content or services be liable to you for any claims related
to the Site, (including all content, software, functions, Formation Services,
materials and information made available thereon or accessed by means thereof)
and this User Agreement, including any cause of action sounding in contract,
strict liability, tort, negligence or other cause of action. All limitations on
liability, damages and claims are intended to apply without regard to whether
other provisions of this Agreement have been breached or have proven
ineffective. No consultant or any third party is authorized by the Supplier to
make any representation or warranty to you regarding the Site.
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12. Statute of Limitations
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You agree that regardless of any statute or law to
the contrary, any claim or cause of action arising out of or related to use of
the Site or this User Agreement must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
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13. Termination of User Agreement
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In addition to any other rights of the parties set
forth herein, either you or the Supplier may cancel or terminate this User
Agreement immediately upon written notice via electronic mail or conventional
mail, but you remain liable for all fees accrued up to the time of termination
including full monthly fees for the month for which you terminated Formation
Services; part months are treated as whole months for the purposes of this User
Agreement. The Supplier also reserves the right to restrict, suspend or
terminate your access to the Formation Services in whole or in part, without
notice and without liability, with respect to any breach or threatened breach
of any portion of this User Agreement. If the Supplier terminates this User
Agreement based on a breach of any portion of this User Agreement, the Supplier
reserves the right to refuse to provide Formation Services to you in the
future.
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14. Modifications to User Agreement and/or the Site
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The Supplier reserves the right to modify this User
Agreement and any policies affecting the Site. Any modification is effective
immediately upon posting to the Site or distribution via electronic mail or
conventional mail. Your continued use of the Site following notice of any
modification to this Agreement shall be conclusively deemed an acceptance of
all such modification(s). The Supplier reserves the right to modify, suspend or
discontinue the Site or any portion thereof at any time, including the
availability of any area of the Site, including without limitation the
Formation Services. The Supplier may also impose limits on certain features and
services or restrict your access to parts or the entire Site without notice or
liability.
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15. Miscellaneous
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This User Agreement and the relationship between you
and the Supplier shall be governed by and construed in accordance with English
law, without regard to its conflict of law provisions. Each party hereby
submits to the exclusive jurisdiction of the English Courts. Any dispute,
difference or question which may arise at any time between the parties hereto,
touching the true construction of this agreement or the rights and liabilities
of the parties hereto, shall be referred for the decision of a single
arbitrator. The appointment of the arbitrator shall be upon the written consent
of both parties to the agreement, or to be agreed between the parties to the
agreement, or in default of agreement for fourteen days an arbitrator to be
appointed at the request of either party to the agreement by the president of
The Law Society in accordance with and subject to the provisions of the
Arbitration Act or any statutory modification or re-enactment thereof for the
time being in force. The costs of the arbitration shall be in the sole
discretion of the arbitrator. The arbitrator's decision shall be final and
binding on all parties to this agreement. The headings of sections of this User
Agreement are for convenience of reference only and shall not affect the
meaning or interpretation of this User Agreement. You agree not to assign,
transfer or sublicense your rights as a subscriber to the Formation Services
account. This User Agreement constitutes the entire agreement between you and
the Supplier with respect to the Site and, if applicable, the Formation
Services of the Site and supersedes all prior agreements between you and the
Supplier. Failure by the Supplier to enforce any provision of this User
Agreement shall not be construed as a waiver of any provision or right. In the
event that any portion of this User Agreement is held unenforceable, the
unenforceable portion shall be construed in accordance with applicable law as
nearly as possible to reflect the original intentions of the parties, and the
remainder of the provisions shall remain in full force and effect.
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16. Data Protection
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Other than at the Suppliers specific request, you
shall not disclose or allow access to any personal data (as defined in Section
1(3) of the Data Protection Act (1984) and any subsequent amending enactments,
whether provided by the Supplier or acquired by you during the course of your
use of this web site, other than to a person placed by you under a like
obligation who is variously employed or engaged by you or any employee, agent
or other person within the control of the you concerned with the use of this
web site. You shall store or process only personal data as is necessary to
carry out your obligations under this User Agreement. Each party agrees that it
and its sub-contractors, employees and agents or any other person in its
control shall store or process the personal data as referred to above in
accordance with the data protection principles as set out in the Data
Protection Act (1984) and any subsequent amending enactments.
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17. Trading Name
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efaze is a trading name of Efaze Limited
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18. Limited Company Name Selection
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The Supplier cannot scrutinise any application form
prior to submission to Companies House and the Internet authorities. Every
endeavor will be made to ensure that the information supplied in your
application is free from obvious error, and that the selected names for your
business are available on the relevant registers. The Supplier cannot accept
any responsibility if the selected name is subsequently rejected by either
Companies House or the Internet authorities. This Formation Service only covers
incorporation in England and Wales.
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19. Timing
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The Supplier will make all reasonable endeavors to
deal with your application forms on a timely basis. In practical terms this
will occur within 24 hours of receipt of your application, or on the next
working day if outside our office working hours. Our offices are open 9 am to
5:00 pm Monday to Friday, excluding public holidays. The Supplier cannot be
held responsible for any delays caused by seasonal fluctuations in demand at
Companies House, The Inland Revenue, HM Customs and Excise or any third party,
nor for any other delays outside of our control.
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20. Currency
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All Prices quoted on the site are stated in UK Pounds
Sterling and always state any Value Added Tax charge at the applicable rate,
and include our standard delivery service (if applicable). Prices are subject
to change without notice.
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21. Shipping
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Unfortunately we are only able to ship your order
within the British Isles if you require shipping in any format other than
electronically. We use Royal Mail Recorded and Special Delivery services, and
the company package will require a signature at the delivery address. If you
require shipment anywhere else in the World please email sales@efaze.com for a
quotation.
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22. Refunds and Cancellation
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Due to the nature of the services offered by this
site, we are unable to refund any monies once the company has been
incorporated, or the incorporation process initiated at Companies House. If
your order has yet to be processed, for example it was placed outside office
hours, you can cancel it by emailing refunds@ efaze.com with the proposed
company name clearly stating 'CANCEL ORDER' in the subject line. Your order
will then be deleted, together with any information we collected from you in
the order process, and no monies will be charged to your card. We will inform
you by email once this has been done. If you decide you do not need the company
within 28 days of incorporation, we will be happy to assist you in completing
the necessary paperwork to have the company struck off the company register
free of charge, but you will have to pay the statutory fee to Companies House
to file the necessary paperwork, which is currently GBP £10/-.
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23. Agency
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We accept orders and instructions only on the basis
that those instructing us do so as principals and are liable directly to us for
payment of our account.
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24. Use of Third Party contractors
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We may, as your agent, directly or through an
intermediary ask another contractor ("Third Party Contractor") to carry out
some or all of any work which you instruct us to carry out for you. We shall
pay the charges of Third Party Contractors on your behalf and recharge them to
you with our own fees. We will take all reasonable care in selecting and
instructing a Third Party Contractor. However, we have no control over the
activities of a Third Party Contractor and therefore accept no responsibility
for the services provided to you by that Third Party Contractor or for any
errors or omissions in its work or products.
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25. Adequacy of Instructions
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We provide Formation Services only on the basis that
those instructing us give us all proper, necessary and timely instructions,
authority and information (including the execution of all documents required)
to enable us to undertake lawfully and effectively the business instructed, and
that those instructing us indemnify us accordingly.
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26. Printing and Publication
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We accept material for printing and/or publication on
the basis that those submitting the material are responsible for ensuring it is
free from defamatory matter and does not infringe copyright or any other third
party rights, and that those instructing us indemnify us accordingly.
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27. Delivery of Products and Services
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Products are delivered using email, unless otherwise
stated. Where you request an alternative method of delivery, you must meet
those costs. The description and price of goods and services and delivery
details will be provided in the confirmation of order and/or invoice despatched
with the product or service. Products and services will be provided in
accordance with the timescales set out in the Consumer Protection (Distance
Selling) Regulations 2000 unless otherwise agreed with you.
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28. Payment
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We may require cash payment in advance before
providing any goods or services. Where we have agreed credit terms for you our
invoices are due for payment 30 days from their date. We reserve the right to
charge for costs and expenses incurred in recovering late payments, and to
charge interest at the rate then in force pursuant to the Late Payment of
Commercial Debts (Interest) Act 1998 as at the due date.
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29. Search and Other Reports
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We accept no responsibility for the accuracy of any
part of any search or other reports, or for any inaccuracy, omission or other
error in any public or non public register upon which our search or report is
based.
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30. Non completion of services
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Where you instruct us to undertake any service, you
will be responsible for our costs in providing that service whether or not it
proceeds to its conclusion.
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31. Right to Cancel
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Under the terms of the Consumer Protection (Distance
Selling) Regulations 2000 you may have the right to cancel the contract between
us within 7 working days of the day after the date on which you receive any
product from us or the date on which the contract for the provision of services
is concluded, and have your payment returned. This right to cancel does not
apply to products which have been personalised or made or supplied to your
specifications or to services once performance of those services has started
with your approval.
Where we provide a product to you, if you cancel you must return the product to
us, at your own cost, in its original condition.
We require notice of cancellation and request for a refund to be in writing to
us and to be sent to us at the address given in our
about us page.
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32. Due Diligence
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In certain circumstances we are required by law to
collect evidence of identity from you. If you fail to supply any due diligence
which we request we will be unable to provide Formation Services to you.
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33. Compliance with Laws and Money Laundering
Regulations
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You are responsible for ensuring your compliance with
all laws and regulations applicable in connection with your use of the site.
This includes (without limitation) compliance with the Data Protection Act
1998. You also confirm to us that you are bound by the Money Laundering
Regulations 1993 and will abide by those Regulations, obtaining and recording
where appropriate evidence of identity of third parties for whom you use online
formations.
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34. Third Party Rights
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The User Agreement terms are not intended to be
enforceable by any third party as provided by the Contracts (Rights of Third
Parties) Act 1999.
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