These terms and conditions ("Agreement") govern the provision of subscriptions and services (“Service”) provided by Provestor Accounts Ltd ("Company"), a company incorporated in England and Wales with company number 10510713, to you as the client ("You" or “Your”). 

Please read these terms and conditions carefully before using any Services of the Company. By using the Services, you agree to abide by these terms and conditions.

1. Monthly Subscriptions

Provestor Tax Software 

The collective term "Provestor Platform" encompasses the Provestor Tax Software, along with its accompanying resources such as help centre guides, blog posts, and email communications.

You must not reside in a jurisdiction regulated by Financial Action Task Force (FATF) regulations that prevent the provision of the Service due to Anti-Money Laundering rules. Refer to the General Terms below for more information.

Excluded Services

This Service does not encompass tax or accountancy advice, nor does it involve designating the Company as your accountant. Accountancy Services where the Company serves as the appointed accountant are listed here and are subject to a distinct engagement and Terms and Conditions outlined Part A.

If needed, you have the option to acquire specific tax and accountancy Services from the Company as detailed in the Other Services section of Part B of these terms and conditions.

Any actions or inactions by us, as well as any content on the Provestor Platform, must not be construed as investment advice or recommendations by the Company.

Your Responsibilities

You must be content with your decision to utilise the Service and its scope, ensuring alignment with your personal requirements.

You consent to a minimum term of 12 months, after which a 1-month rolling notice period applies.

By using the Service, you acknowledge and agree that you have sought professional advice from suitable accounting, tax, legal, and other advisors to comprehend the potential risks and consequences associated with investing in a limited company.

If there is a change in the use of a property within your limited company, such as from residential buy-to-let to a House in Multiple Occupation (HMO) or a Furnished Holiday Let (FHL), you must promptly notify the Company by emailing support@provestor.co.uk. This notification is crucial for evaluating the ongoing appropriateness of the Service for you.

Multiple properties can be owned within your limited company. If you acquire or sell a property, you commit to promptly updating your records in the Provestor Platform and agreeing to changes in your monthly subscription fee.

You must refrain from engaging in illegal or fraudulent activities or maintaining inaccurate record-keeping. It is your sole responsibility to ensure compliance with relevant UK laws and legislation. Illegal and fraudulent activities encompass any actions or omissions by you, a Director, a Shareholder, or affiliates that breach applicable laws, including but not limited to the Proceeds of Crime Act 2002 and the Money Laundering, Terrorist Financing and Transfer of Funds Regulations 2017.

All records related to your limited company must be maintained within the Provestor Platform. No other forms of records or instructions will be accepted.

For our Services, it is obligatory to establish and maintain a connection between your account on the Provestor Platform and your bank account. A list of supported banks can be found here. As the data originates from your bank, we cannot guarantee its accuracy or availability. You must periodically verify that your records are accurate and complete.

You hold complete responsibility for maintaining accurate accounting records and should seek professional advice if uncertain. We offer additional Services to provide professional advice if you lack an accountant or advisor.

You acknowledge that accounts and tax returns will be generated solely based on the entries and categorisations you make in the Provestor Platform. We will not review or verify the categorisations or transaction eligibility. We accept no liability for the accuracy or eligibility of your transactions or records.

You agree to provide any requested legal documents or evidence related to transactions for the purpose of preparing accounts or tax returns.

You agree to inform us promptly of any changes to your limited company's records at Companies House and ensure these changes are reflected in the Provestor Platform.

At the conclusion of your accounting period, you agree to confirm the completeness and accuracy of your records within 6 months to allow sufficient time for us to prepare the accounts. Late confirmation will result in an additional fee for expediting your accounts and tax return.

You agree to review and accept your year-end accounts and Corporation Tax return before you submit them to Companies House and HMRC using the Provestor Platform.

Our Responsibilities

The Company will grant you access to the Provestor Platform. The Company will provide technical support via email, with responses aimed to be provided within 2 working days of receipt.

The Company will compile your year-end accounts and company tax return based on the records you maintain in the Provestor Platform. Once approved by you, you will submit the accounts and tax returns to HMRC and Companies House in the requisite format using the Provestor Platform.

The Company will serve as your Tax Agent at HMRC for the purposes of Corporation Tax to enable you to submit Corporation Tax Returns.

The Company will provide an automated bank feed service that you agree to, facilitated by our sister company Inni Accounts Ltd, company number 06430290. Further details regarding this service are outlined in the Account Information Service section of this Agreement.

Registered Office Service

The terms set out in this section of the Agreement apply specifically to the Registered Office Service.

To utilise this Service, Anti-Money Laundering checks are a prerequisite for both you and all members of your company. It's imperative that you are not residing in a jurisdiction governed by FATF regulations that prohibit the provision of the Service due to Anti-Money Laundering rules. Further details can be found in the General Terms below.

This Service is subject to a minimum term of 12 months, followed by a 1-month rolling notice period.

The Company will serve as your registered office address, directors' service address, and provide mail filtering and forwarding through email. The designated address is 1 Derwent Business Centre, Clarke Street, Derby. DE1 2BU. However, it's essential to note that this address cannot be used as your trading address.

Physical copies of your mail will be retained for a duration of 30 days, after which they will be securely disposed of.

In the event that you require original copies of your mail, a small fee will be applicable for its forwarding to your specified location.

Subscription Fees and Payments

The charges associated with the Service will vary depending on the specific features or services you require. By utilising the Service, you agree to make payments for the designated fees as outlined by the Company, in connection with the Services described on our website.

All fees must be settled in advance and are non-refundable, unless explicitly stated otherwise in written communication from the Company.

The Company holds no obligation to continue offering Services if the applicable fees are not paid punctually. This includes scenarios where your debit or credit card has expired. During any period when outstanding amounts remain unpaid, the Company reserves the right to suspend all Services, which could involve the withdrawal of access to our online application or the permanent closure of your account.

Should we decide to terminate or suspend our services, no refunds will be issued and we shall not be held accountable for any penalties or interest imposed by HMRC, Companies House, or any other relevant parties.

Cancellation

Either party has the right to terminate this Agreement by furnishing a written notice with a duration of one month to the other party. However, the termination of this Agreement does not release you from the obligation to settle any pending fees or expenses.

Already paid subscription fees will not be subject to refunds.

It is your responsibility to export all your records from the Provestor Platform. You will retain the ability to access your account for a 30-day period subsequent to your notice, which grants you sufficient time to download your records. Subsequent to this timeframe, your account will be closed and your data will either be archived or deleted.

Following the archival of an account and in the event that archived records are available for retrieval, such recovery and provision will be subject to an advance fee.

2. Company Incorporation

The Service includes the preparation and submission of necessary documents, such as the company formation application, memorandum of association, articles of association, and other related documents required for incorporation.

You are required to not reside within a jurisdiction regulated by FATF regulations that prohibit the provision of the Service due to Anti-Money Laundering rules. More details are available in the General Terms below.

The Company will:

• Provide support in the process of incorporating a limited company in compliance with the laws and regulations of the United Kingdom.

• Exert reasonable endeavours to verify the accuracy and entirety of the details furnished in the incorporation documents; nevertheless, you recognize that the ultimate accountability for the accuracy and lawfulness of the information supplied rests with you.

• Submit the application for your Service with Companies House. It's important to note that any delays stemming from Companies House cannot be attributed to the Company.

You agree:

• This Service is strictly an execution-only offering and does not involve the provision of advice.

• To review your application form thoroughly prior to submission, as rectifying errors on this form will require you to bear the associated costs.

• It is your responsibility to ensure that all information provided to the Company is precise, comprehensive, and aligned with pertinent laws and regulations.

• That any provision of false, misleading, or incorrect information could lead to legal ramifications. The Company shall not be held accountable for such actions.

• That you are aware that supplementary fees might be applicable for any alterations or revisions requested after the incorporation process has been initiated.

3. Other Services

The provisions outlined in this section of the Agreement relate to all additional services provided by the Company.

It's important to note that other Services may require Anti-Money Laundering (AML) checks and could be inaccessible to individuals residing in jurisdictions governed by the Financial Action Task Force (FATF).

Should you require guidance or support from a qualified accountant, you have the option to purchase Services from the Company. These Services could encompass Consultation, Accounts Review, and Reference letters. They might be provided either by the Company directly or outsourced to carefully selected, qualified specialists. On certain occasions, you might need to directly engage with a third party for the provision of their services.

While the Company will make reasonable efforts to ensure the accuracy and completeness of the Services provided, you understand that you ultimately bear the responsibility for the accuracy and legality of the information submitted.

Unless specifically stated otherwise, the Services offered are based on the execution of tasks using the information you provide to the Company. These Services do not encompass tax or accounting advice. Should you require advice, it is advisable to seek guidance from qualified professionals or utilise advisory services offered by the Company.

Your Responsibilities

It is your responsibility to ensure that all information provided to the Company is accurate, current, comprehensive, and in accordance with relevant laws and regulations.

You understand that any provision of false, misleading, or incorrect information could lead to legal repercussions, and the Company cannot be held accountable for such outcomes.

Other Service Fees and Payments

By using the Services, you consent to the payment of fees as specified by the Company. While the fees are detailed on this page, they may vary based on the particular services you request.

All fees are required to be settled in advance and are considered non-refundable, unless explicitly indicated otherwise through written communication from the Company.

You acknowledge that supplementary fees could be incurred by you for any alterations or revisions sought subsequent to the completion of the Service.

Money-Back Guarantee Policy for Tax Consultations

1. Policy Overview

At Provestor, we are committed to providing high-quality tax consultation services. We stand behind our expertise and the value we offer to our clients. If a client is not satisfied with the outcome of their tax consultation, we offer a money-back guarantee under specific conditions outlined in this policy.

2. Eligibility for Refund

A client may be eligible for a full refund of the consultation fee if the following conditions are met:

• Unmet Expectations: The consultation did not deliver on the specific outcomes or goals that were clearly communicated and agreed upon prior to the consultation.

• Client Feedback: The client provides specific reasons and examples of how the consultation failed to meet their expectations within 14 days of the consultation.

• Client Responsibility: The client must have provided all necessary and accurate information required for the consultation. The guarantee does not apply if the consultation outcome was negatively impacted by incomplete or inaccurate information provided by the client.

3. Exclusions

The money-back guarantee does not apply in the following situations:

• Non-Action: The client fails to implement the advice provided during the consultation.

• External Factors: Changes in laws, regulations, or other external factors that affect the outcome after the consultation has been provided.

• Scope of Services: The dissatisfaction arises from services or outcomes that were beyond the agreed scope of the consultation.

4. Refund Request Process

• Submission: To request a refund, the client must contact Provestor within 14 days of the consultation. The request must include detailed feedback on why the consultation did not meet the agreed expectations.

• Review Process: Upon receiving a refund request, Provestor will conduct an internal review to assess the validity of the claim. This review will consider the consultation objectives, the advice provided, and the client’s feedback.

• Decision and Notification: Provestor will make a decision on the refund request within 7 business days of receiving the request. The client will be notified of the decision via email or phone.

5. Refund Processing

If the refund request is approved, the refund will be processed within 10 business days. The refund will be issued to the original payment method used for the consultation. No refunds will be made to alternate payment methods.

6. Dispute Resolution

If the client disagrees with the decision regarding their refund request, they may request a secondary review. This request must be made within 7 days of receiving the initial decision. The secondary review will be conducted by a senior member of our team, and a final decision will be communicated within 10 business days.

7. Policy Changes

Provestor reserves the right to modify or terminate this money-back guarantee policy at any time. Any changes will be communicated to clients in advance and will not affect consultations that have already been completed.

4. General Terms

All Services are bound by the Agreement in this section.

Applicable Law

These Terms of Service shall be governed by, and construed in accordance with, English law. The Courts of England shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning our terms and conditions and any matter arising from them. Each party irrevocably waives any right it may have to object to an action being brought in those Courts, to claim that the action has been brought in an inconvenient forum, or to claim that those Courts do not have jurisdiction.

Anti-Money Laundering (AML) & Financial Action Task Force (FATF)

All Services, except for Provestor Tax Software, are subject to Know Your Client AML checks.

Certain Services are not accessible to residents of the restricted FATF jurisdictions listed on the UK Government website.

Limitation of Liability

Any advice provided to you through a purchased Service is intended solely for your personal use and does not constitute advice to any third party to whom you may convey it.

The Company commits to delivering the professional services as detailed in these terms with reasonable care and expertise. Nonetheless, the Company will not be held accountable for any losses, penalties, surcharges, interest, or additional tax obligations arising from the submission of incorrect or incomplete information by you or others. This also encompasses the failure to provide appropriate information or to act upon our advice or guidance, or promptly respond to communications from us or tax authorities.

To the maximum extent allowed by law, the Company disclaims all liability and responsibility to you, whether stemming from negligence, breach of contract, or any other cause, for any incidental, special, indirect, exemplary, consequential, or other damages related to the use of or inability to use the Provestor Platform or website.

The opinion we provide might differ from other opinions grounded in the same information. Therefore, our assessment and opinion are not guaranteed, warranted, or indemnified against potential challenges by HMRC or any subsequent tribunal that could determine a status contrary to our assessment.

You acknowledge that our assessment merely serves as guidance based on current regulations and that you bear ultimate responsibility for tax liabilities, interest, penalties, and any other consequential costs.

Our aggregate liability for any loss or damage associated with your use of our Services or inability to use the Provestor Platform will not exceed an amount equivalent to the monthly fees paid to us in the prior month or the fee for the one off Service.

In case accounting calculations are found to be inaccurate due to issues within the Provestor Platform or resulting from our errors, corrective measures will be taken promptly. We cannot be held liable for any ensuing consequences or losses caused by such errors.

You commit to indemnifying and holding us harmless against any misrepresentations (intentional or unintentional) provided to us verbally or in writing in connection with this Agreement. You also agree not to bring any claims related to services provided by the firm against any of our directors or staff on a personal basis.

Confidentiality and Data Protection

The Company commits to handling all confidential information provided by you in strict accordance with the applicable data protection laws and regulations.

While the Company will undertake reasonable measures to safeguard the confidentiality of your information, it cannot guarantee absolute security. You recognize that electronic communications and data transmission over the internet inherently carry risks.

In order to fulfil the services stipulated within this Agreement, as well as for related purposes such as record updating and enhancement, management analysis, statutory returns, crime prevention, and legal and regulatory compliance, we may collect, utilise, process, and disclose personal data related to you and other members of your company. This information will be shared with Inni Ltd and its subsidiary companies. Under data protection legislation, you have the right to access the personal data that we hold about you.

When processing data on your behalf, we will adhere to the provisions of the General Data Protection Regulation 2016/679. For the purposes of the General Data Protection Regulation 2016/679, the Data Controller responsible for the personal data supplied about you is Provestor Accounts Ltd, located at 1 Derwent Business Centre, Clarke Street, Derby DE1 2BU.

In order to comply with the General Data Protection Regulation, it is necessary for you to ensure that all directors, shareholders, and any other individuals associated with your company are informed that address data will be shared with HMRC and/or Companies House. It suffices to notify members of your company about this through general communications.

The Company data controller can be contacted at dpo@provestor.co.uk.

Intellectual Property

The Company retains ownership and rights to all intellectual property developed or used during the provision of Services. This includes, but is not limited to, inventions, patents, trademarks, copyrights, trade secrets, business processes or systems, and any other intellectual property rights.

You agree not to infringe any IP and that this will remain in effect even after the termination of this Agreement.

Account Information Services (AIS)

Provestor Accounts Ltd is registered as an agent with the Financial Conduct Authority under the Payment Services Regulations 2017 for the provision of payment services / account information services (AIS). This allows us, with your permission, to connect to your bank account(s) and download your transactions automatically to automate your business’s bookkeeping. You can manage your bank account connections from the bookkeeping area of the Provestor Platform.

Provestor Accounts Ltd is acting as an agent of Inni Ltd. Inni Ltd is registered with the Financial Conduct Authority under the Payment Services Regulations 2017 with reference 918132 for the provision of payment services / account information services (AIS). By connecting your bank accounts, you agree to inni Ltd downloading your bank transactions into the Provestor Platform.

If you have any concerns issues or complaints about any aspect of the service that we provide, please in the first instance contact support@provestor.co.uk.

If we fail to resolve your formal complaint you have the right to use the Financial Ombudsman Service, please see our Complaints Policy for details.

Retention of Records

During our services to you we will collect and store records. Any records will be retained for a maximum period of 6 years after which they will be destroyed. Where you are in possession of original records, you must retain them for the same period.

Unless you provide us with written instructions to retain your records for a longer period, we will destroy your records after 6 years.

We convert original documents into an electronic format for retention. In such cases we destroy the original documents unless you expressly request them within 30 days of notification.

Lien

Insofar as the Company is permitted to so by law, the Company reserves the right to exercise a lien over all funds, documents and records in our possession relating to all Services provided to you until all outstanding fees are paid in full.

Complaints

The Company always aims to provide the highest levels of service possible, however, should you have a concern you should email support@provestor.co.uk in the first instance. The Company undertakes to look into any complaint carefully and promptly and do all we can to explain the position to you. We will do everything reasonable to put matters right.

Communication

We will frequently communicate with you using email or by other electronic means. On rare occasions this may result in delayed or non-receipted communication or mis-direction that we cannot be held responsible for.

Internet email is not a 100% secure communications medium. We advise that you understand and observe this lack of security when communicating with us.

Although we believe our emails and any attachments are free from any virus or other defect which might affect any system into which they are opened or received, it is your responsibility to check that they are virus free and that they will in no way affect systems and data. No responsibility is accepted by us for any loss or damage arising in any way from receipt, opening or use of electronic communications.

Calls may be monitored for training and quality purposes.

Availability

We will make every reasonable effort to ensure that our service to you and the Provestor Platform is available. We cannot however guarantee that it will be timely, without error, 100% secure, or available at all times. This is because we are reliant on the internet to deliver our services.

Any actions necessary to continue to provide high quality services may result in brief periods of down time to carry out maintenance activities. We will work hard to ensure that any disruptions are kept to a minimum.

We do not make any guarantees that there will be no loss of data and we cannot accept any liability for any loss of data no matter how caused.

Third Party Introductions

In certain instances, the Company may have agreements with third-party suppliers ("Suppliers") to whom you are introduced as a potential client.

By using Services and engaging in introductions facilitated by the Company, you acknowledge and agree to the terms and conditions

The Company may receive an introducers' fee ("Introducers Fee") from Suppliers as compensation for facilitating your introduction to them.

Any Introducers Fee received by the Company will not impact your financial obligations to the Supplier. The Introducers Fee is solely a consideration between the Company and the Supplier and does not alter the terms of your engagement with the Supplier.

The Company will not share your personal or confidential information with Suppliers without your explicit consent. Any introductions made to Suppliers will be made with the intention of enhancing your experience and providing you with potential business opportunities.

The Company will act in good faith when recommending Suppliers to you based on your requirements. However, the Company does not provide any warranty or guarantee regarding the quality, suitability, or performance of the products or services provided by Suppliers.

You acknowledge that the Introducers Fee is solely for the Company's role in facilitating introductions and does not constitute an endorsement, warranty, or guarantee of any kind regarding the Suppliers or their offerings.

The Company reserves the right to modify or discontinue the Introducers Supplier Agreement at any time without prior notice. Any changes to the Introducers Supplier Agreement will be communicated to you through the means established by the Company.

Any Introducers Fee received by the Company may be subject to applicable taxes, and the Company will comply with any tax reporting obligations related to such fees.

The following introducer fees are received by the Company on your successful completion of a transaction with the Supplier:

• CashPlus £70

Contracts (Rights of Third Parties) Act 1999

A person who is not party to this Agreement shall have no right under the contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement. This clause does not affect any right or remedy of any person that exists or is available otherwise than pursuant to that Act.

Last updated 29th August 2024