Terms & Conditions
- Service(s) shall mean any or all of the services provided by FCS Direct Ltd under the Electronic Incorporation.
- The User the individual who will use the Service under the terms and conditions described herein.
- Payment Service Provider The Company responsible for collecting payments from the User in return for access to the Service.
- The Website refers exclusively to FCS Direct Ltd website at www.fcsdirect.co.uk.
- The User will not be asked to pay for the Service until he/she has entered all the required information on the system. By completing a payment on our Payment Service Provider the User acknowledges that the information entered on the system will be transmitted to Companies House for the purpose of incorporating a limited company.
- If payment for the Service is made by cheque or bank transfer then the application will be processed only when we have received confirmation of the cleared payment.
- All orders are accepted on the basis that the individual who is placing the order is liable for payment.
3. Refund Policy
- The User acknowledges that the decision to issue a refund will be held at the sole discretion of FCS Direct Ltd and will be based on the current status of the application. If an application has already been sent from FCS Direct LTD to Companies House, the decision to issue a refund will be based on whether the application is successfully processed by Companies House. If the application is successful the User will not be entitled to a refund as FCS Direct Ltd would be deemed to have completed the Service and would not be in a position to recover its losses incurred as a result of carrying out the service on the Users behalf.
- The User undertakes to ensure that the decision to incorporate a company using the Service has been fully considered and FCS Direct Ltd reserves the right to issue a refund at its sole discretion.
- The User undertakes to ensure that all information has been entered onto the system accurately and in full. The User accepts full liability for such information and acknowledges that the information will be sent to Companies House without intervention or error checking from FCS Direct Ltd.
- FCS Direct Ltd shall not be responsible for any loss of data resulting from delays, corruption of data, nondeliveries, misdeliveries or service interruptions.
- Except to the extent of FCS Direct Ltd s gross negligence or willful misconduct, neither FCS Direct Ltd nor any of its subsidiaries or network service providers will be responsible for any unauthorised access to the Users account details or for unauthorised access to or alteration, theft or destruction of User information as a result of a breach in security, or through accidental or divisive means.
- In no event will FCS Direct Ltd be liable or responsible to Users of the Service for any type of incidental, punitive, direct, indirect or consequential damages, including, but not limited to, loss of revenue, lost profits, replacement goods, loss of technology, rights or services, loss of data, or interruption or loss of use of service or equipment, even if advised of the possibility of such damages, whether arising under theory of contract, tort (including negligence), product liability, strict liability or otherwise.
- Notwithstanding anything to the contrary in this agreement, FCS Direct Ltd’s maximum liability under this agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) shall not exceed the actual pound sterling amount paid by the Customer for the Services which gave rise to such damages, losses and causes of actions during the 3-month period prior to the date the damage or loss occurred or the cause of action arose.
- Users of the service agree to indemnify and hold harmless FCS Direct Ltd (including, but not limited to, FCS Direct Ltd s officers, agents, partners, employees and subsidiaries from any claim arising from the User or any third party as a result of using the Service.
- The Service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement.
- FCS Direct Ltd expressly disclaims any representation or warranty that the Service will be error-free, secure or uninterrupted.
- No oral advice or written information provided or published on the Website by FCS Direct Ltd or its employees will create a warranty; nor may Users rely on any such information for advice. FCS Direct Ltd and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the Service.
6. Limited Warranties
- The User agrees to use the Service and any information obtained through or from FCS Direct Ltd at his/her own risk.
- The User acknowledges that FCS Direct Ltd exercises no control over what information is entered into the system and accepts no responsibility for the information transmitted though the use of the Service.
- The information set out within the Website and as part of the Service is provided in good faith and on the understanding that neither FCS Direct Ltd nor any of its employees, partners or subsidiaries are engaged in rendering legal advice.
- FCS Direct Ltd will use all reasonable endeavors to meet the time estimates provided on the Website however these are only estimates and FCS Direct Ltd will not be liable for delay caused by any third party or unavailability of any associated web services. Quoted turnaround times for company incorporations are based on normal business hours 9:00 AM to 5:00 PM , Monday to Friday (Excluding public or bank holidays).
7. Registered Office and Mail Forwarding Services
- Before any mail forwarding services can be rendered to the User, it is the responsibility of the User to complete a Money Laundering Identification check. No mail will be forwarded from FCS Direct Ltd or any service supplied until the identification has been presented and verified. All such identification must be supplied within 2 months of the order, failure to comply will result in the termination of any business relationship.
- The User undertakes to ensure that the full address as specified by FCS Direct Ltd on commencement of the service is used for all inbound items. FCS Direct Ltd cannot ensure receipt of mail that is forwarded with an inaccurate or incomplete address.
- The User must ensure that all inbound mail includes the company name declared and agreed by FCS Direct Ltd upon registration of the service. We cannot ensure safe delivery of items where the company name is missing or substituted for an individuals name.
- Only one company name can be associated to a single subscription for the Registered Office and Mail Forwarding Service. It will not be permissible to assign multiple company names to a single subscription.
- The user undertakes to ensure that a balance of funds is maintained on their account to guarantee continuous forwarding and delivery of mail items received by FCS Direct Ltd. Should the balance of funds be insufficient to forward any items received, the User will be duly notified and given the opportunity to replenish the mail forwarding funds.
- If FCS Direct Ltd are unable to forward an item of mail due to insufficient mail forwarding funds, missing or incomplete forwarding address, non-compliance of Money Laundering Regulations, expiry of subscription or any other eventuality that makes it unviable for the mail item to be forwarded FCS Direct Ltd will hold the respective mail until such restrictions have been resolved. Mail held for any reason will be quarantined for a period of no less than 3 calendar months. If it is still not possible to forward the mail at the end of this period, the item will be returned to the sender.
- Any large items received will be held for a maximum period of 3 months and FCS Direct Ltd will seek to make arrangements with the User to facilitate the forwarding of such items. For large items exceeding 40 cm in any given dimension, FCS Direct Ltd reserve the right to levy an additional storage charge for the duration that the item is in our care.
- The User guarantees not to engage in any fraudulent activity or use the Registered Office and Mail Forwarding Service to facilitate any fraudulent activity. This extends to any business practices deemed to be unethical by the appropriate regulatory authorities and would pose reputational risk to FCS Direct Ltd. FCS Direct Ltd reserve the right to terminate the service of any User found to be engaged in fraudulent or unethical activities or any other business practice that solicits a large number of complaints or attention from law enforcement or regulatory bodies. Any termintation of services on the above grounds will be done so without compensation. FCS Direct Ltd cannot be held liable for costs or damages incurred to any third-party in the event of the User engaging in fraudulent or unethical practices.
- FCS Direct Ltd cannot be held liable for any costs incurred for mail that goes missing or is damaged whilst in transit to or from the office. No warranties are granted to any User in any such way that would guarantee safe delivery of items or completion of delivery within a specific time-frame.
- FCS Direct Ltd agree to protect the Users personal information in accordance with the Data Protection Act and will only disclose information to government authorities such as the Police, Trading Standards and any regulatory department within the Department for Business, Innovation and Skills (BIS).
- The User must arrange preauthorisation for deliveries that exceed 80cm in any given dimension or weigh in excess of 10kg. We cannot accept liability for any costs associated with returned deliveries due to a failure to seek authorisation on these grounds.
- FCS Direct Ltd undertake to forward any mail from Companies House and HMRC free of charge by stamping any such mail with a “PLEASE FORWARD” notice and returning to the post. Items that are dispatched from Companies House or HMRC using a third-party distributor cannot be forwarded free of charge, in such cases we will attempt to use any pre-existing credit on your account to foward the mail and where this is not possible we will notify you accordingly.
8. Force Majeure
- No failure or omission between FCS Direct Ltd and the User to carry out or observe the terms and conditions of this agreement shall give rise to any claim against the other party if such failure or omission is the result of an event that is outside the reasonable control of that party (a Force Majeure Event).
- If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in force.
10. Governing Law and Jurisdiction
- The provisions set forth in this agreement shall be governed and construed by English law, and each party agrees to submit to the exclusive jurisdiction of English Courts.