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ACS Terms & Conditions

1 Scope

Archers Corporate Services Limited (Company Registration Number: 08448721), registered in United Kingdom with registered office at Office 32, 19-21 Crawford Street, London W1H 1PJ, United Kingdom.

These Standard Terms and Conditions apply to the supply of all products and services by Archers Corporate Services Limited unless we otherwise agree in writing. Any Customers use our services are subject to our company terms and conditions. We therefore strongly advice our Customers to read our terms and conditions before they give their instructions to use any of our company products and services either by making any order through our online application forms or via any other forms of communication.

2 Agency

We accept orders and instructions only on the basis that those instructing us do so as principals and are liable directly to us for make payment of our account.

3 Use of third party contractors

3.1 Upon our acceptance of instruction from Customers, we may directly or through an intermediary request other Third Party Contractor to carry out some or all of any work which Customers instruct us to carry out. We shall pay the charges of Third Party Contractors on Customer’s behalf and recharge them to Customers with our own service fees.

3.2 We agree to take all reasonable care in selecting and instructing a Third Party Contractor to carry out some or all of any work which Customers instruct us to carry. However, we have no control over the activities of a Third Party Contractor and therefore accept no responsibility for the services provided to Customers by the Third Party Contractor for any errors or omissions in its work or products.

4 Customers’ Obligations

4.1 Adequacy of instructions

We provide services only on the basis that the customers will supply us with 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 the Customers will indemnify us accordingly. No refund will be available in case of any failure to comply this clause. (This Clause shall be read in conjunction with Clause 13.3.1 in this Document)

4.2 Compliance of our due diligence requirements

4.2.1 In order to improve of our service and to act in line with UK legislation in relation to the avoidance of money laundering activities, if Customers fail to comply with any due diligence requirements which we request we will be unable to provide services to Customers.

4.2.2 No refund in case of Customer’s failure to comply with our due diligence requirements. (This clause shall be read in conjunction of the Refund Policy under Clause 13.3.2 in this Document)

4.2.3 All Customers are required to supply the following documents in order to comply with our due diligence requirements:

  • Certified passport copies of the beneficial owner(s);
  • Certified copies of the proof of residential address of the beneficial owner(s); and
  • Professional reference letter is required from Customers who selected to use our Nominee Officer Services and/or Registered Office Address.

4.3 Non completion of services

Where the Customers instruct us to undertake any service, whether the Customers are the beneficial owners or acting as immediate representative, the Customers will be responsible for our costs in providing that service whether or not it proceeds to its conclusion. (This Clause shall be read in conjunction with Clause 13.3.4 in this Document)

5 Our Obligations

5.1 We shall complete the Customer’s order instruction in reasonable care and timely manner.

5.2 Our acknowledgment of your order instruction to our services will be confirmed via email. The acceptance of instructions shall be deemed to have occurred at the time of when an email confirmation of service is sent and a contract is deemed to be created on the same date of our acceptance of instruction.

5.3 We will act in accordance with the written instruction provide by the Customers. We will use and rely only on the information that has been provided by the Customers by way of our online order forms; paper order forms or email communication. We therefore shall not be held responsible for any mistake(s) or incorrect information which is supplied by the Customers.

5.4 We will provide an email reminder letter for the renewal of any services which are subjected to annual fees two months prior the date of the end of our service contract with the Customers. We reserve the right to cancel all services in case of Customer’s failure to reply and we shall not be held liable for any late penalties or any legal consequences might be brought against the registered entity or its holder by the Registrar of Companies and the HM Revenue and Customs.

6 Printing and publication

We accept material for printing and/or publication on the basis that the Customers who submits the material is 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.

7 Third party reliance

Our services, including search reports and information services, are provided solely for the use of our Customers and that Customer’s own Customer on whose behalf the work has been commissioned and shall not be used or relied upon by any other third party. No provision of these Terms shall be enforceable by any person who is not a Customer and thus a Party pursuant to the Contracts (Rights of Third Parties) Act 1999.

8 Delivery of products and services

Products are delivered using first class post, fax or email (as appropriate), unless otherwise stated. Where Customers request an alternative method of delivery, Customers must meet those costs. Services are provided using reasonable skill and care.

Time of completion of service such as company incorporation, tax registration or other registration services with the authorities will be subject to the authorities’ workload and operating hours.

The description and price of goods, services and delivery details will be provided in the confirmation of order and/or invoice dispatched with the product or service. Products and services will be provided in accordance with the timeframe set out in the Consumer Protection (Distance Selling) Regulations 2000 unless otherwise agreed with Customers.

9 Payment

9.1 We require cash payment in advance before providing any goods or services via our accepted payment methods only.

9.2 In case of any agreed credit terms for Customers, our invoices are due for payment 30 days from the date of on which invoice is issued. We therefore reserve the right to charge for costs and expenses incurred in recovering late payments and charge interest in pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.

10 Search and other reports

We accept no responsibility for the accuracy of any part of any search or reports where it is apparent that it is not derived from information in a public register, or for any inaccuracy, omission or other error in any public register upon which our search or report is based.

11 Right to cancel an order

11.1 Under the terms of the Consumer Protection (Distance Selling) Regulations 2000 Customer have the right to cancel the Contract between us within 7 working days from the date on which Customers receive any product and/or service from us or the date on which the Contract for the provision of services is concluded.

11.2 The right to cancel does not apply to products and/or services which have been made or supplied to Customer’s specifications or to services has commenced with Customer’s approval.

11.3 Where we provide a product to the Customers, Customers must return the product to us, at Customers own cost and in its original condition. No refund is available unless the product is not returned in its original conditions. This clause must be read in conjunction of Clause 13 in this Document)

12 Right to amend an order

We reserve the right to treat any amendment request by the Customer as a cancellation of the original order and a separate purchase in which the Customer might be hold responsible for the cost. In any event, we are under no obligation to satisfy a request to amend an order once it has been placed.

13 Refund Policy

13.1 Refund of payment is available for Customers who enforce the right to cancel in pursuant to the Consumer Protection (Distance Selling) Regulations 2000 within 7 working days from the date on which the Contract is created.

13.2 Refund is available only if Clause 13.1 applies.

13.3 Refund is not available at the occurrence of any following events:

13.3.1 None compliance of one or any requirements specified in Clause 4.1 Adequacy of instructions.

13.3.2 None compliance of the due diligence requirements specified in Clause 4.2 in this Document.

13.3.3 Products and/or services which have been made or supplied to Customer’s specifications or to services once performance of those services has started with Customer’s approval.

13.3.4 Customers will be responsible for our costs in providing that service and no refund is available whether or not it proceeds to its conclusion.

14 Liability

14.1 Except in respect of claims for death or personal injury resulting from negligence or as otherwise prohibited by law, our liability for loss or damage in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of our services under these Terms and Conditions shall not exceed £25,000.

14.2 Save as precluded by law, we shall not be liable to Customers for any of the following: any indirect loss or damage; consequential loss or damage; costs, expenses or other claims for consequential compensation whatsoever; any loss of profit; loss of business; changes of the laws; depletion of goodwill; which arise out of or in connection with our services or these Terms and Conditions.

15 Data protection

15.1 Archers may use any personal information which we hold about the Customers, for the purposes of credit control, legal regulation, market research purposes and to inform Customers about our services and products, legal developments and training sessions or events which we believe may be of interest to Customers.

15.2 In order to improve our service we may be required to pass Customers personal information to parties located outside of the European Economic Area in countries which do not have data protection laws equivalent to those in the UK. We agree to will take reasonable steps to ensure the privacy of Customer’s information. Except in the situations listed above or as required or allowed by law or other regulation, we will not disclose, rent or sell Customers personal information (other than any personal information which is already publicly available and which is incorporated into our search products) to any third party without Customer’s prior consent. Customers have the right, by written request and on payment of a small fee to obtain a copy of any personal data which we hold about Customers under the Data Protection Act 1998.

16 Customer services

If Customers are unsatisfied with any aspect of our service, please contact our head of associate on admin@archerscs.co.uk. Any complaints will be dealt with reasonable care and in timely manner.

16.1 .Business Bank Account Referral Service.

(i). Where you request a bank account through The Business Bank Account Referral Service you confirm that you agree to your details being submitted on your behalf to HSBC or Barclays Bank plc and to being contacted directly by HSBC or Barclays Bank plc for the purposes of fulfilling the bank account request;
(ii). Where you request a bank account through The Business Bank Account Referral Service on behalf of a third party for whom you are making a company formation application, you confirm that the third party has agreed to their details being submitted on their behalf to HSBC or Barclays Bank plc and to being contacted directly by HSBC or Barclays Bank plc for the purposes of fulfilling the bank account request; and
(iii). The Business Bank Accounts are opened by and provided by HSBC or Barclays Bank plc and subject to the terms and conditions as set forth by Barclays at the time of account opening.

17 Changes to Standard Terms

We reserve the right to make changes to these Standard Terms from time to time without the need to obtain express consent from customers.

18 Disclaimer of liability

18.1 We make no representation or warranty of any kind concerning the accuracy or suitability of any of the information contained on our company website for any purposes or whether the information is complete or current. All contents provide on our company website are treated to be supplied as an ‘as is’ basis, and we therefore expressly disclaim any warranties relating to fitness for purpose or non-infringement in reliance of the information we supply on our company website.

18.2 We make no representation or warranty of any kind relating to the availability of our company website and that the services provide on this website will be uninterrupted or the website is free from viruses or other forms of harmful computer codes.

18.3 To the fullest extent permitted by law, we shall not be held liable for any damages (direct, indirect and consequential) arising out from the use of our company website or any contents that are included or changed from time to time, nor shall our employees or directors or other assigned representatives be so liable.

19 Jurisdiction

Contracts between Archers and our Customers shall be concluded in the English language. The Contract shall be governed by English law and subject to the exclusive jurisdiction of the English courts.