These Terms and Conditions are the standard terms for the provision of services by Vital Tax Rebate LTD, trading as Vital Tax Rebate, Private Limited company, registered in England and Wales under number 09131154, whose main trading address: Vital Tax Rebate, PO BOX 65481, London, SE7 9BU.
1. Definitions and Interpretation
- In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
- “Business Day” means any day other than a Saturday, Sunday or bank holiday;
- “Calendar Day” means any day of the year;
- “Contract” means the contract for the provision of Services, as explained in Clause 3;
- “Month” means a calendar month;
- “Fee” means the Fee rates payable for the Services; as explained in Clause 5.
- “Services” means the services which are to be provided by Us to you as specified in your Claim (and confirmed in Our Claim Confirmation);
- “Special price”means a special offer, lower fee rates payable for Services which We may offer from time to time;
- “Claim”means your claim for our tax rebate Services, as explained in Clause 3.
- “Claim Confirmation”means Our acceptance and confirmation of your Claim as described in Clause 3.
- “We/Us/Our”means Vital Tax Rebate, a Private Limited Company, registered in England under number 09131154, whose main trading address: Vital Tax Rebate, PO BOX 65481, London, SE7 9BU.
- Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, text message, fax or other means.
2. Information About Us
- Vital Tax Rebate LTD, trading as Vital Tax Rebate, is a Private Limited Company, registered in England under number 09131154, whose main trading address: Vital Tax Rebate, PO BOX 65481, London, SE7 9BU.
3. The Contract
- These Terms and Conditions govern the services and provision of Services by Us and will form the basis of the Contract between Us and you. Before submitting a Claim, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please ask Us for clarification.
- Nothing provided by us including, but not limited to, sales and marketing literature, Fee rates lists and other documents constitutes a contractual offer capable of acceptance. Your Claim constitutes a contractual offer that We may, at our discretion, accept.
- A legally binding contract between Us and you will be created upon our acceptance of your claim, indicated by Our Claim Confirmation. Claim Confirmations will be provided in writing.
We shall ensure that the following information is made available to you prior to the formation of the Contract between Us and you on our website:
- The main characteristics of the Services;
- Our identity (set out above in Clause 2) and contact details (as set out below in Clause 11);
- The total Fee rates for the Services including taxes or, if the nature of the Services is such that the Fee rates cannot be calculated in advance, the manner in which it will be calculated; can be found in clause 5.
- The arrangements for payment, performance and the time by which We undertake to perform the Services; Please see our FAQ section. We aim to complete all straight forward claims in 12 weeks and longer for all complex and not straight forward claims. This is considered case by case.
- Our complaints handling policy;
- Where applicable, details of after-sales services and commercial guarantees;
- The duration of the Contract, please note that this contract is only for the purpose of claiming overpaid tax on your behalf and the Contract is only for this duration, however long it takes.
- All Claims for Services made by you will be subject to these Terms and Conditions.
- You may change your claim at any time, before We begin providing the Services by contacting Us. Requests to change Claims do not need to be made in writing.
- If your Claim is changed We will inform you of any change to the fees in writing.
- You may cancel your Claim within 7 days of placing it. If you request that your Claim be cancelled, you must confirm this in writing to: Vital Tax Rebate, PO BOX 65481, London, SE7 9BU or use our contact page. If you wish to cancel the Services after this time period, or once We have begun providing the Services, please refer to Clause 10.
- We may cancel your Claim at any time before We begin providing the Services due to the unavailability of required personnel or materials, or due to the occurrence of an event outside of Our reasonable control. If such cancellation is necessary, We will inform you as soon as is reasonably possible. Cancellations will be confirmed in writing. However if we process the application and send the tax refund form prior to your cancellation, then you must contact HMRC and cancel the tax refund application, if the form is processed by HMRC then out fees below will apply. It is a must that you contact HMRC and cancel the tax refund application as soon as you cancel the service.
- The Fee rates of the Services will be that shown in Our Fee rate list in place at the time of your Claim. If the Fee rates shown in your Claim differs from Our current Fee rates we will inform you upon receipt of your Claim.
- Our tax rebate or refund service carries a fee of 35% on a ‘no win no fee’ basis with a minimum charge of £25 for all successful claims. The fee payable will be deducted out of any refund that we successful obtain from HMRC for you and all other monies will be paid out to you by either bank transfer or cheque.
- If We quote a Special Fee rates which is different to the Fee rates shown in Our current Fee Rates, the Special Fee rates will be valid for 7 days or, if the Special Fee rates is part of an advertised special offer, for the period shown in the advertisement. Claims placed during this period will be accepted at the Special Fee rates even if We do not accept the Claim until after the period has expired.
- Our Fee rates may change at any time but these changes will not affect Claims that we have already accepted.
- All Fee rates exclude VAT. If the rate of VAT changes between the date of your Claim and the date of your payment, We will adjust the rate of VAT that you must pay. Changes in VAT will not affect any Fee rates where We have already received payment in full from you.
- In certain circumstances, if your Claim is cancelled, please refer to sub-Clauses 4.4 and 4.5 if your Claim is cancelled before the Services begin, or to Clause 10 if the Services are cancelled after they have begun.
- The balance of the Fee rates will be payable once We have provided the Services will be deducted from the total claim, the rate is 35% excluding VAT rates.
- We will receive refunds from HMRC on behalf of the customer and deduct charges in accordance with those quoted on the website prior to making a refund.
- We reserve the right to issue any refund by cheque at our discretion.
- Standard pricing is 35%, plus VAT, where due on any refund payment HMRC send us before passing payment on to you, subject to a net minimum refund of £25. In explanation, if the refund net of our charges and VAT is less than £25 we will make an additional supplementary charge up to but not exceeding £25, inclusive of VAT where due, to cover any amount below £25.
- The charge is levied on all refunds received from HMRC covered by the claim period (for the past 4 previous years) regardless of reason.
- We reserve the right not to contact unsuccessful claimants.
- In the event that a replacement cheque is required we will charge an administration fee of £25 + VAT for each additional cheque following the original.
- Should we agree to raise the deed of assignment over a taxpayer’s account any such action will be subject to a £35 + VAT administration fee.
- Where refunds remain unclaimed for more than a year we will charge a £35 holding fee against funds not claimed, annually, on the anniversary of the date of issue of the original settlement cheque to the client, if the cheque remains uncashed.
- In the event that a Refund is due and has been sent to You, You will have 12 (twelve) months from the date of issue to inform Us by way of written correspondence of any outstanding issues or to request a replacement payment. Upon the expiration of this 12-month period, We reserve the right to cancel any issued cheque and retain sole ownership of the entire Refund amount or donate to a charity.
6. Providing the Services
- As required by law, We will provide the Services with reasonable skill and care, consistent with best practices and standards in the Tax rebate business industry, and in accordance with any information provided by Us about the Services and about Us.
- We will begin providing the Services on the date confirmed in Our Claim Confirmation.
- We will continue providing the Services for a period of few years as required by our customers or when they send in writing in confirmation that our service is no longer required.
- We will make every reasonable effort to complete the Services on time (and in accordance with your Claim). We cannot, however, be held responsible for any delays if an event outside of Our control occurs. Please see Clause 9 for events outside of Our control.
- If We require any information or action from you in claim to provide the Services, We will inform you of this as soon as is reasonably possible. Examples of what we may require include: full details required in the form and any other information required to complete the Tax Rebate refund.
- If the information or action required of you under sub-Clause 6.5 is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result. If additional work is required from Us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information or action on your part, We may charge you a reasonable additional sum for that work.
- In certain circumstances, for example where there is a delay in you sending Us information or taking action required under sub-Clause 6.5, We may suspend the Services (and will inform you of that suspension in writing).
- In certain circumstances, for example where We encounter a technical problem, We may need to suspend the Services in claim to resolve the issue. Unless the issue is an emergency and requires immediate attention We will inform you in advance in writing before suspending the Services.
- If the Services are suspended under sub-Clauses 6.7 or 6.8, you will not be charged to pay for them during the period of suspension.
- If you do not pay Us for the Services as required by Clause 5, We may suspend the Services until you have paid all outstanding sums due. If this happens, We will inform you in writing. This does not affect Our right to charge you interest under sub-Clause 5.10.
7. Problems with the Services and Your Legal Rights
- We always use reasonable efforts to ensure that Our provision of the Services is trouble-free. If, however, there is a problem with the Services We request that you inform Us as soon as is reasonably possible.
- We will use reasonable efforts to remedy problems with the Services as quickly as is reasonably possible and practical.
- We will not charge you for remedying problems under this Clause 7 where the problems have been caused by Us, any of our agents or employees or sub-contractors or where nobody is at fault. If We determine that a problem has been caused by incorrect or incomplete information or action provided or taken by you, sub-Clause 6.6 will apply and We may increase our fee rate to cover the remedial work.
- As a consumer, you have certain legal rights with respect to the purchase of services. For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office. If We do not perform the Services with reasonable skill and care, you have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price. If the Services are not performed in line with information that We have provided about them, you also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you or if Our breach concerns information about Us that does not relate to the performance of the Services, you have the right to a reduction in Fee rates. If for any reason We are required to repeat the Services in accordance with your legal rights, We will not charge you for the same and We will bear any and all costs of such repeat performance. In cases where a Fee rates reduction applies, this may be any sum up to the full Fee rates and, where you have already made payment(s) to Us, may result in a full or partial refund. Any such refunds will be issued without undue delay (and in any event within 7 calendar days starting on the date on which We agree that you are entitled to the refund) and made via the same payment method originally used by you unless you request an alternative method. In addition to your legal rights relating directly to the Services, You also have remedies if We use materials that are faulty or incorrectly described.
- Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this clause. The total amount of our liability is limited to the total amount of Fees payable by you under the Contract.
- Under no circumstances will we be held liable for any penalties you have incurred in relation to a Tax Return, if there is no agreement in place for us to file the Tax Return for you.
8. Our Liability
- We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence (including that of Our employees, agents or sub-contractors). Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
- We provide Services for domestic, individual and private purposes. We make no warranty or representation that the Services are fit for commercial, business or industrial purposes of any kind. By making your Claim, you agree that you will not use the Services for such purposes. We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
- Nothing in these Terms and Conditions seeks to exclude or limit Our liability for failing to perform the Services with reasonable care and skill or in accordance with information provided by Us about the Services or about Us.
- Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
9. Events Outside of Our Control (Force Majeure)
- We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
If any event described under this Clause 9 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
- We will inform you as soon as is reasonably possible;
- Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;
- We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;
- If an event outside of Our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to Cancel under sub-Clause 10.3.3. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and in any event within 7 Calendar Days of Our acceptance of your cancellation notice;
- If the event outside of Our control continues for more than 12 weeks, We will cancel the Contract in accordance with Our right to cancel under sub-Clause 10.6.3 and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and in any event within 7 Calendar Days of Our cancellation notice.
- If you wish to cancel your Claim for the Services before the Services begin, you may do so under sub-Clause 4.4.
- Once We have begun providing the Services, you are free to cancel the Services and the Contract at any time by giving Us 7 days written notice. If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 7 Calendar Days of Our acceptance of your cancellation. If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 5.
- If any of the following occur, you may cancel the Services and the Contract immediately by giving Us written notice. If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 28 Calendar Days of Our acceptance of your cancellation. If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 5. If you cancel because of Our breach under sub-Clause 10.3.1, you will not be required to make any payments to Us.
You will not be required to give 28 days notice in these circumstances:
- We have breached the Contract in any material way and have failed to remedy that breach within 12 weeks of you asking Us to do so in writing; or
- We enter into liquidation or have an administrator or receiver appointed over Our assets; or
- We are unable to provide the Services due to an event outside of Our control (as under sub-Clause 9.2.4); or
- We change these Terms and Conditions to your material disadvantage.
- We may cancel your Claim for the Services before the Services begin under sub-Clause 4.5.
- Once We have begun providing the Services, We may cancel the Services and the Contract at any time by giving you 28 days written notice. If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 5.
- If any of the following occur, We may cancel the Services and the Contract immediately by giving you written notice. If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 5.
We will not be required to give 28 notice in these circumstances:
- You fail to make a payment on time as required under Clause 5 (this does not affect our right to charge interest on overdue sums under sub-Clause 5.10); or
- You have breached the Contract in any material way and have failed to remedy that breach within 28 days of Us asking you to do so in writing; or
- We are unable to provide the Services due to an event outside of Our control (for a period longer than that in sub-Clause 9.2.5).
- For the purposes of this Clause 10 (and in particular, sub-Clauses 10.3.1 and 10.6.2) a breach of the Contract will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating party (i.e. you under sub-Clause 10.3.1 and Us under sub-Clause 10.6.2). In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.
11. Communication and Contact Details
- If you wish to contact Us, you may do so by using our contact page on the website or write to us: Vital Tax Rebate, PO BOX 65481, London, SE7 9BU.
- In certain circumstances you must contact Us in writing (when cancelling an Claim, for example, or exercising your right to cancel the Services). When contacting Us in writing you may use the following methods:
- Contact Us by email on our contact page; or Contact Us by pre-paid post at Vital Tax Rebate, PO BOX 65481, London, SE7 9BU.
12. Complaints and Feedback
- We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
- All complaints are handled in accordance with Our complaints handling policy and procedure.
- If you wish to complain about any aspect of your dealings with Us, including, but not limited to, these Terms and Conditions, the Contract, or the Services, please contact Us in one of the following ways:
- In writing, addressed to: Vital Tax Rebate, Customer service Team, PO BOX 65481, London, SE7 9BU.
- by email, addressed to Customer service team, the contact page on the website can be used.
13. How We Use Your Personal Information (Data Protection)
- All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
- For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Notice available from our website.
14. Other Important Terms
- We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business or when your Tax rebate claim needs to be claimed with the relevant Tax revenue services in the UK). If this occurs you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
- You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
- The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
- If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
- No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
15. Other Additional terms
- We will not be held responsible for any underpayment of tax that arises from any attempt to try and reclaim any tax from HMRC.
- We are not responsible for the refund of tax where:
- The customer has provided information which is false, inaccurate, incorrect, insufficient or misleading in any way;
The customer has already received a refund from HMRC;
The customer has already applied for a refund, either directly or through another person, natural or legal;
The customer owes money to HMRC.
HMRC has different information on its system than that provided by the customer;
HMRC information leads to a decision that the customer is not due a refund. Where there is a possible case for appeal within the law, such measures will be the responsibility of the customer, however we will provide a refund of fees charged per claim up to the extent of the loss
- The customer has the right to cancel the contract within 7 days of entering a claim.
- The obligation to chase any refund in progress with HMRC remains with the customer.
16. Governing Law and Jurisdiction
- These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
- As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 16.1 above takes away or reduces your rights as a consumer to rely on those provisions.
- Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England and Wale, as determined by your residency.