Terms and Conditions

GENERAL TERMS & CONDITIONS

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website www.ecloud-experts.com (our “website”), whether as a guest or a registered user. Please read these terms of use carefully before you start to use our website. By using our website, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, please refrain from using our website.

INFORMATION ABOUT US

The website is operated by Ecloud Experts (“We”). Our registered office is at 10 Simmons Place, Staines- upon-Thames , TW18 3HW
ACCESSING OUR WEBSITE

Access to our website is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on our website without notice (see below). We will not be liable if for any reason our website is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our website, or the entirety of the website to users who have registered with us.
If you choose or you are provided with a password or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any third party. We have the right to disable any password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
When using our website you must comply with the provisions relating to acceptable use of our website as set out below.
You are responsible for making all arrangements necessary for you to have access to our website. You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these terms and that they comply with them.
Our site is directed to people residing in the United Kingdom. We do not represent that content available on our site is appropriate in other locations. We may limit the availability of our site or any service described on our site to any person or geographic area at any time. If you choose to access our site from outside the UK, you do so at your own risk.

INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our website and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our website for your personal use.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our website must always be acknowledged.
You must not use any part of the materials on our website for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our website in breach of these terms of use, your right to use any our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
NO RELIANCE ON INFORMATION POSTED
The content on our website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking or refraining from, any action on the basis of the content on our site.
We make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
OUR WEBSITE CHANGES REGULARLY
We may revise these terms of use at any time by amending this page. We aim to update our website regularly and may change the content at any time. If the need arises, we may suspend access to our website or close it indefinitely. Please note that any of the material on our website may be out of date at any given time and we are under no obligation to update such material.
OUR LIABILITY
To the extent permitted by law, we exclude all conditions, warranties, representation or other terms which may apply to our site or any content on it, whether express or implied.
We will not be liable to any users for any loss or damage, whether in contractor, tort (including negligence) breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of or inability to use our site; or
use of or reliance on any content displayed on our site.
If you are a business user, please note in particular, we will not be liable for:
loss of profits, sales, business or revenue;
loss of anticipated savings;
loss of goodwill or reputation; or
any indirect or consequential loss or damage.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for deceit or fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR WEBSITE

We process information about you in accordance with our privacy policy. By using our website, you consent to such processing and you warrant that all data provided by you is accurate.
UPLOADING MATERIAL TO OUR WEBSITE
Whenever you make use of a feature that allows you to upload material to our website, or to make contact with other users of our website, you must comply with the standards set out in this policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
We have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our website constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our website. We have the right to remove any material or posting you make on any website if, in our opinion, such material does not comply with the standards set out in this policy.
ACCEPTABLE USE OF OUR WEBSITE
You may use our website only for lawful purposes.
YOU MUST NOT USE OUR WEBSITE:
in any way that breaches any applicable local, national or international law or regulation;
in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
for the purpose of harming or attempting to harm minors in any way; or
to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on them, or on any website linked to them.
LINKS FROM OUR WEBSITE
Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
JURISDICTION AND APPLICABLE LAW
These terms of use are governed by English law. The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
VARIATIONS
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.
YOUR CONCERNS
If you have any concerns about material which appears on any area of our website, please contact: info@ecloud-experts.com
STANDARD TERMS AND CONDITIONS
The following terms of business apply to all engagements accepted by eCloud Experts Ltd. All work is carried out under these terms except where changes are expressly agreed in writing.
1.0 APPLICABLE LAW
1.1 Our engagement letter, the schedules of services and our standard terms and conditions of business are governed by, and should be construed in accordance with English law. Each party agrees that the courts of England will have exclusive jurisdiction in relation to any claim, dispute or difference concerning this engagement letter and any matter arising from it on any basis. Each party irrevocably waives any right to object to any action being brought in those Courts, to claim that the action has been brought in an inappropriate forum, or to claim that those Courts do not have jurisdiction.
2.0 CLIENT IDENTIFICATION
2.1 As with other professional services firms, we are required to identify our clients for the purposes of the UK anti-money laundering legislation. We may request from you, and retain, such information and documentation as we require for these purposes and/or make searches of appropriate databases.
3.0 COMPLAINTS
3.1 We are committed to providing you with a high quality service that is both efficient and effective. However, should there be any cause for complaint in relation to any aspect of our service please contact Jon Green. We agree to look into any complaint carefully and promptly and do everything reasonable to put it right. If you are still not satisfied you can refer your complaint to our professional body, the Institute of Financial Accountants.
4.0 CONFIDENTIALITY
4.1 Communication between us is confidential and we shall take all reasonable steps to keep confidential your information except where we are required to disclose it by law, by regulatory bodies, by our insurers or as part of an external peer review. Unless we are authorised by you to disclose information on your behalf this undertaking will apply during and after this engagement.

4.2 We may, on occasions, subcontract work on your affairs to other tax or accounting professionals. The subcontractors will be bound by our client confidentiality terms.

4.3 We reserve the right, for the purpose of promotional activity, training or for other business purpose, to mention that you are a client. As stated above we will not disclose any confidential information.

5.0 CONFLICTS OF INTEREST
5.1 We will inform you if we become aware of any conflict of interest in our relationship with you or in our relationship with you and another client unless we are unable to do so because of our confidentiality obligations. We have safeguards that can be implemented to protect the interests of different clients if a conflict arises. Where conflicts are identified which cannot be managed in a way that protects your interests then we regret that we will be unable to provide further services.

5.2 If there is a conflict of interest that is capable of being addressed successfully by the adoption of suitable safeguards to protect your interests then we will adopt those safeguards. We reserve the right to provide services for other clients whose interests are not the same as yours or are adverse to yours subject of course to the obligations of confidentiality referred to above.

6.0 DATA PROTECTION
6.1 The Data Protection Act (DPA) 2018 and the General Data Protection Regulations (GDPR) contain a number of requirements in relation to the processing of personal data.

6.2 We take your privacy and the privacy of the information we process very seriously. We will only use your personal information and the personal information you give us access to under this engagement to administer your account and to provide the services that you have requested from us.

6.3 A copy of our privacy notice setting out our approach to handling your information can be found on our website at www.ecloud-experts/privacy-policy. Our privacy notice also details the use we make of cloud computing services.

6.4 Any personal data received from you to comply with our obligations under The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017) will be processed only for the purposes of preventing money laundering or terrorist financing. No other use will be made of this personal data unless use of the data is permitted by or under an enactment other than the MLR 2017, or we have obtained the consent of the data subject to the proposed use of the data.

7.0 DISENGAGEMENT
7.1 Should we resign or be requested to resign we will normally issue a disengagement letter to ensure that our respective responsibilities are clear. Should we have no contact with you for a period of one year or more we may issue to your last known address a disengagement letter and hence cease to act.
8.0 ELECTRONIC AND OTHER COMMUNICATION
8.1 Unless you instruct us otherwise we may, where appropriate, communicate with you and with third parties via email or by other electronic means. The recipient is responsible for virus checking emails and any attachments.

8.2 With electronic communication there is a risk of non-receipt, delayed receipt, inadvertent misdirection or interception by third parties. We use virus-scanning software to reduce the risk of viruses and similar damaging items being transmitted through emails or electronic storage devices. However electronic communication is not totally secure and we cannot be held responsible for damage or loss caused by viruses nor for communications which are corrupted or altered after despatch. Nor can we accept any liability for problems or accidental errors relating to this means of communication especially in relation to commercially sensitive material. These are risks you must bear in return for greater efficiency and lower costs. If you do not wish to accept these risks please let us know and we will communicate by paper mail, other than where electronic submission is mandatory.

8.3 Any communication by us with you sent through the post system is deemed to arrive at your postal address two working days after the day that the document was sent.

9.0 FEES AND PAYMENT TERMS
19.1 Our fees may depend not only upon the time spent on your affairs but also on the level of skill and responsibility and the importance and value of the advice that we provide, as well as the level of risk.

9.2 If we provide you with an estimate of our fees for any specific work, then the estimate will not be contractually binding unless we explicitly state that that will be the case.

9.3 Where requested we may indicate a fixed fee for the provision of specific services or an indicative range of fees for a particular assignment. It is not our practice to identify fixed fees for more than a year ahead as such fee quotes need to be reviewed in the light of events. If it becomes apparent to us, due to unforeseen circumstances, that a fee quote is inadequate, we reserve the right to notify you of a revised figure or range and to seek your agreement thereto.

9.4 In some cases, you may be entitled to assistance with your professional fees, particularly in relation to any investigation into your tax affairs by HMRC. Assistance may be provided through insurance policies you hold or via membership of a professional or trade body. Other than where such insurance was arranged through us you will need to advise us of any such insurance cover that you have. You will remain liable for our fees regardless of whether all or part are liable to be paid by your insurers.

9.5 We will bill upon completion of a piece of work for you, and our invoices are due for payment upon presentation. Our fees are exclusive of VAT which will be added where it is chargeable. Any disbursements we incur on your behalf and expenses incurred in the course of carrying out our work for you will be added to our invoices where appropriate.

9.6 Unless otherwise agreed to the contrary our fees do not include the costs of any third party, counsel or other professional fees.

9.7 It is our normal practice to ask clients to pay by monthly Standing Order and to periodically adjust the monthly payment by reference to actual billings.

9.8 We reserve the right to charge interest on late paid invoices at the rate of 5% above bank base rates under the Late Payment of Commercial Debts (Interest) Act 1998. We also reserve the right to suspend our services or to cease to act for you on giving written notice if payment of any fees is unduly delayed. We intend to exercise these rights only where it is fair and reasonable to do so.

9.9 If you do not accept that an invoiced fee is fair and reasonable you must notify us within 21 days of receipt, failing which you will be deemed to have accepted that payment is due.

9.10 If a client company, trust or other entity is unable or unwilling to settle our fees we reserve the right to seek payment from the individual (or parent company) giving us instructions on behalf of the client and we shall be entitled to enforce any sums due against the Group Company or individual nominated to act for you.

10.0 IMPLEMENTATION
10.1 We will only assist with implementation of our advice if specifically instructed and agreed in writing.
11.0 INTELLECTUAL PROPERTY RIGHTS
11.1 We will retain all copyright in any document prepared by us during the course of carrying out the engagement save where the law specifically provides otherwise.
12.0 INTERPRETATION
12.1 If any provision of our engagement letter or terms of business is held to be void, then that provision will be deemed not to form part of this contract. In the event of any conflict between these terms of business and the engagement letter or appendices, the relevant provision in the engagement letter or schedules will take precedence.
13.0 INTERNAL DISPUTES WITHIN A CLIENT
13.1 If we become aware of a dispute between the parties who own or are in some way involved in the ownership and management of the business, it should be noted that our client is the business and we would not provide information or services to one party without the express knowledge and permission of all parties. Unless otherwise agreed by all parties we will continue to supply information to the normal place of business for the attention of the directors/proprietors. If conflicting advice, information or instructions are received from different directors/principals in the business we will refer the matter back to the board of directors/the partnership and take no further action until the board/partnership has agreed the action to be taken.
14.0 LIEN
14.1 Insofar as we are permitted to so by law or professional guidelines, we reserve the right to exercise a lien over all funds, documents and records in our possession relating to all engagements for you until all outstanding fees and disbursements are paid in full.
15.0 LIMITATION OF THIRD-PARTY RIGHTS
15.1 The advice and information we provide to you as part of our service is for your sole use and not for any third party to whom you may communicate it unless we have expressly agreed in the engagement letter that a specified third party may rely on our work. We accept no responsibility to third parties, including any group company to whom the engagement letter is not addressed, for any advice, information or material produced as part of our work for you which you make available to them. A party to this agreement is the only person who has the right to enforce any of its terms and no rights or benefits are conferred on any third party under the Contracts (Rights of Third Parties) Act 1999.
16.0 PERIOD OF ENGAGEMENT AND TERMINATION
16.1 Unless otherwise agreed in our engagement letter, our work will begin when we receive implicit or explicit acceptance of that letter. Except as stated in that letter we will not be responsible for periods before that date.

16.2 Each of us may terminate our agreement by giving not less than 21 days’ notice in writing to the other party except where you fail to cooperate with us or we have reason to believe that you have provided us or HMRC with misleading information, in which case we may terminate this agreement immediately. Termination will be without prejudice to any rights that may have accrued to either of us prior to termination.

16.3 In the event of termination of our contract, we will endeavour to agree with you the arrangements for the completion of work in progress at that time, unless we are required for legal or regulatory reasons to cease work immediately. In that event, we shall not be required to carry out further work and shall not be responsible or liable for any consequences arising from termination.

17.0 PROFESSIONAL RULES AND STATUTORY OBLIGATIONS
17.1 We will observe and act in accordance with the bye-laws and regulations and will accept instructions to act for you on this basis. In particular you give us the authority to correct errors made by HMRC where we become aware of them. We will not be liable for any loss, damage or cost arising from our compliance with statutory or regulatory obligations.
18.0 RELIANCE ON ADVICE
18.1 We will endeavour to record all advice on important matters in writing. Advice given orally is not intended to be relied upon unless confirmed in writing. Therefore, if we provide oral advice (for example during the course of a meeting or a telephone conversation) and you wish to be able to rely on that advice, you must ask for the advice to be confirmed by us in writing.
19.0 RETENTION OF PAPERS
19.1 You have a legal responsibility to retain documents and records relevant to your financial affairs. During the course of our work we may collect information from you and others relevant to your tax and financial affairs. We will return any original documents to you. Documents and records relevant to your tax affairs are required by law to be retained as follows:

• Individuals, trustees and partnerships:
• with trading or rental income: 5 years and 10 months after the end of the tax year;
• otherwise: 22 months after the end of the tax year;
• Companies, Limited liability Partnerships, and other corporate entities:
• 6 years from the end of the accounting period;

19.2 Whilst certain documents may legally belong to you, we may destroy correspondence and other papers that we store electronically or otherwise that are more than seven years old, except documents we think may be of continuing significance. You must tell us if you wish us to keep any document for any longer period.

XERO TRAINING COURSES TERMS & CONDITIONS
These terms will apply to any contract between us for the purchase of our training courses (Class room & Online live, onsite) Please read these terms carefully and make sure that you understand them, before ordering any training courses or course materials from Ecloud Experts Ltd . Your agreement to these terms will be assumed when you submit your booking form or make an online payment.

We provide short, sharp training courses either on-site at client premises, online or classroom-based courses at our training centre in Surrey and West London. Our online courses are delivered in real-time via screen sharing software thereby enabling you to view the trainer’s screen and to ask questions as the course progresses. The online training is provided live either on a one-to-one basis or in small groups. Prices for onsite training may vary depending on client location.

Our online training courses have been developed specifically for those who are unable to attend in-person our popular trainer-led classroom-based training courses. Our online training courses mirror our intensive half day or one day trainer-led courses.

The training material provided during the trainer-led courses is intended for the use of the delegate only and should not be passed onto others. As all the training material is copyright, it should not be copied, modified or distributed or sold to third parties. Training material is also provided for our online courses for delegates to work through during the online training course or later in their own time.

We endeavour to update our course material regularly; however, as accountancy and payroll legislation changes frequently, the onus is therefore on the delegate to ensure that the information continues to be relevant, reliable, accurate and current. We cannot be held responsible for any loss resulting from taking action or refraining from taking action as a result of undertaking any of our courses.

Login instructions are provided to delegates who undertake our online training courses normally within 24 to 48 hours of the training course. The login details are solely for the use of the delegate and should be kept confidential. These should not be made available to others. Access to the online training courses will be denied with immediate effect where such abuse is discovered.

Access to our online training courses is via the internet and therefore a good internet connection and an up-to-date browser are a prerequisite. As technology advances at a rapid pace with an ever increasing variety of computers, tablets, smart phones, etc., we make no representations that access to our courses will be available on every single computer/device.

Delegates undertaking our online training courses are responsible for arranging their own computer/device, up-to-date internet browser, software required in order to access our courses remotely. Additionally, up-to-date anti-virus software should be installed due to the inherent risk of the internet.

It is the delegates’ responsibility to ensure that the courses purchased are suitable for their needs; our website provides detailed information on each of our online and trainer-led courses. We are also happy to provide any additional information that may be required in order for you to make an informed decision. Please contact us on info@ecloud-experts.com if we can assist further.
Links to HMRC and other websites are provided for information only and we do not accept responsibility for the accuracy or completeness of third-party sites. Your decision to access these sites is at your own risk.

Course Transfers will be at the discretion of the Ecloud Experts Ltd and is subject to availability and upon payment of any associated transfer fees. You may only transfer to a new course or different group once and you need to make the course/group transfer request within 7 days of the course start date.

Following any deferral by you, the Consumer Cancellation Period remains in effect with respect to the original training start date as defined in the original order.

CHANGING VENUE OR DATE
Places are subject to availability and Ecloud Experts Ltd reserves the right to cancel, withdraw, change or move training course to another venue or date. They shall notify the students of such changes within a reasonable time from the prospective date of the course. Ecloud Experts shall not be held liable for any loss off earnings or travel and accommodation expenses as a result of such changes. Ecloud Experts assures its delegates that while venues may change, the city or town of the event will not be changed unless under exceptional and unavoidable circumstances out with the control of Ecloud Experts Ltd.
YOUR CANCELLATION AND REFUND RIGHTS
We appreciate that in the uncertain times that we all currently live in; you may need to cancel or postpone a course that you have booked; all course cancellations within 14 days of the course date will be fully refunded. In the unlikely event that we have to cancel or postpone a course, a full refund or the option to switch to a later date will be made available.
UTR REGISTRATION TERMS & CONDITIONS
SCOPE OF SERVICES
The work that we will carry out within the engagement specifically relates to registering you for self-assessment with HMRC.
Details regarding the scope of work to be completed are contained in the attached schedules. These state your and our responsibilities in relation to the work to be carried out. If we agree to carry out additional services for you, we will provide you with a new or amended engagement letter. Only the services that are listed in the attached schedules are included within the scope of our instructions. If there is additional work that you wish us to carry out which is not listed in the schedule(s), please let us know and we will discuss with you whether they can be included in the scope of our work.
FEES
Cost of service is £50.00.
Any additional work that you will request for us to complete will be quoted before the work takes place. Upon your approval of the quote, we will invoice you for this additional work separately.
LIMITATION OF LIABILITY
We specifically draw your attention to paragraph 16 of our standard terms and conditions that sets out the basis on which we limit our liability to you and to others.
PERSONAL TAX – REGISTERING FOR SELF ASSESSMENT
  1. We will register you for self assessment with HMRC. Upon completion of the registration your Unique Taxpayer Reference (UTR) will dispatched by HMRC to the address specified by you and an activation code will be sent separately by HMRC in a second letter.
  2. We will not be responsible for the provision of any tax compliance services, unless covered by a separate engagement letter or another schedule to this letter.
  3. Where additional expertise is required, we will discuss this with you and may need to seek this from or refer you to appropriate specialists.
CHANGES IN THE LAW OR PRACTICE OR IN PUBLIC POLICY

4. We will not accept responsibility if you act on advice given by us on an earlier occasion without first confirming with us that the advice is still valid in the light of any change in the law or practice or in public policy or your circumstances.

5. We will accept no liability for losses arising from changes in the law or practice or in public policy that are first published after the date on which the advice is given.

YOUR RESPONSIBILITIES
  1. You are legally responsible for:
    a. Ensuring that you register for self assessment prior to the deadline.
    b. Activating your Unique Taxpayer Reference (UTR) number using the activation code supplied by HMRC.
    c. File any subsequent returns by the due date
    d. Making any tax payments on time.

    Failure to do this may lead to automatic penalties, surcharges and/or interest.

  2. Ensuring that you register for self assessment prior to the deadline. b. Activating your Unique Taxpayer Reference (UTR) number using the activation code supplied by HMRC. c. File any subsequent returns by the due date d. Making any tax payments on time.
  3. You agree to provide full information necessary for us to provide the relevant advice. We will rely on the information and documents being true, correct and complete, and will not audit the information or those documents.
  4. You authorise us to approach such third parties as may be appropriate for information that we consider necessary to deal with your affairs.
  5. You will keep us informed of material changes in your circumstances that could affect the tax registration services we are providing. If you are unsure whether the change is material or not please let us know so that we can assess its significance.
  6. Where you wish us to deal with HMRC communications you will forward to us all communications received from HMRC. These must be provided in time to enable us to deal with them as may be necessary within the statutory time limits. It is essential that you let us have copies of any correspondence received because HMRC is not obliged to send us copies of all communications issued to you.
  7. Our services as detailed above are subject to the limitations on our liability set out in paragraph 16 of our standard terms and conditions of business. These are important provisions, which you should read and consider carefully.