As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure they contain the information you are happy to comply with.
Application
These Terms and Conditions will apply to the purchase of the services and goods by you (The customer or you)
Shmunky LLP of 42 Maypole Green Road, Colchester, Essex, CO2 9QW with contact number 078 529 71048 (The supplier or us or we)
These are the Terms and Conditions on which we sell all services to you. By ordering any of the services, you agree to be bound by these Terms and Conditions
1. Interpretation
Consumer means an individual acting for purposes which are fully or mainly outside his/her trade, business, craft or profession
Contract means the legally binding agreement between you and us for the supply of services
Delivery Location means the supplier’s premises or other location where the services are to be supplied, as set out in the order
Goods mean any goods that we supply to you with the services, of the number and description as set out in the order
Order means the customer’s order for the services from the supplier as set out in the customer’s order or in the customer’s written acceptance of the supplier’s quotation
Services mean the services, including any goods, of the number and description, set out in the order
2. Services
In the case of services and any goods made to your requirement, it is your responsibility to ensure that any information or specification you provide is accurate. All services are subject to availability. We can make alterations to the services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes. We offer a bookkeeping service and are not accredited, accountants. Therefore we will not be held liable with regards to information on Tax/Vat returns that are submitted. We offer our service on an advisory basis and suggest that your Accountant confirms the final figures and information for HMRC. We are not liable for the Accountant's advice/decisions whether the Accountant is sourced by the customer/ourselves.
3. Customer responsibilities
You must cooperate with us in all aspects relating to the services, provide us and our employees and representatives with all the information required to perform the services and obtain any necessary licenses and consents (Unless otherwise specified/agreed). Failure to comply with the above is a customer default which entitles us to suspend the service, if you fail to comply, following our request, we can terminate the contract with immediate effect on written notice to you. A cancellation fee will apply. We are not liable for delays in obtaining information from you (The customer) when deadlines are provided. ie: HMRC Audits - Vat returns - End of year accounts.
4. Basis of sale
When an order has been made, we can decline it for any reason
A contract will be formed for the services ordered, only upon the supplier sending an email to the customer advising them that the order has been accepted or, if earlier, the supplier’s delivery of the services to the customer. Any quotation is valid for a maximum period of 28 days from its date unless we expressly withdraw it at an earlier date.No variation of the Contract, whether about the description of the services, fees or otherwise, can be made after it has been entered into unless the variation is agreed by the customer and the supplier in writing
5. Fees & Payment
The fees for the services, the price of any goods (if not included in the fees) and any additional delivery or other charges is as set out in our price list current at the date of the order or such other price as we may agree in writing. Prices for services may be calculated on a fixed fee or on a standard rate basis. Payment for services must be made. You must pay in cash or submit the direct debit mandate with your unique reference (For example your name/invoice number). These are payable up to 7 days after the service has been provided. The statutory interest will be charged for late payments, which equates to 8% plus the current Bank of England base rate for business to business transactions. If payment is delayed, the service will cease until the full payment is received. For services that have ceased, a penalty fee of £25.00 per hour will be charged in order to progress with the workload that has built up. The fee will be a minimum of £75.00 additional to the overdue invoice, If, after 31 days payment has still not been received, legal action will be taken. Please note, this also includes failed direct debits and will be subject to our discretion.
6. Risk & Title
Custom advanced reports/tools created by Shmunky LLP, specific to your use and viewing, are the property of Shmunky LLP and are created solely to provide you with the insight included as part of the service agreed to and will under no circumstances become the property of the client. In the event of contract termination by either party, all data will be removed in line with our GDPR Policy. You do not own any other goods/services until we have received full payment. (For example, commissioning of a website). If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any service and end any right to use the goods/services still owned by you, in which case you must return them or allow us to collect them.
7. Withdrawal & Cancellation
You can withdraw the service by giving us at least 1 months’ written notice, if you wish to change your mind and without giving us a reason, and without incurring any liability. Notice required in order to finalise paperwork, disconnect/switch services. Time taken to complete this will be payable at the agreed rate. Outstanding hours worked will be payable at the agreed rate and as per payment terms stated above
If on a monthly retainer, a full months’ notice will be required and any payment due will be billed on a pro-rata basis. If the correct cancellation procedure has not been followed, the pro rata amount will be payable, as well as a 20% penalty charge of the monthly retainer fee as agreed.
8. Duration, termination & suspension
The contract continues as long as it takes us to perform the services. Either you or we may terminate the contract or suspend the services at any time by a written notice of termination or suspension to the other if that other:
- commits a serious breach of the contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice
-is subject to any step towards its bankruptcy or liquidation
On termination of the contract for any reason, any of our respective remaining rights and liabilities will not be affected
9. Circumstances beyond the control of either party
In the event of any failure by a party because of reasons beyond their reasonable control:
- the party will advise the other party as soon as reasonably possible
10. Excluding liability
We do not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the supplier’s other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time that the contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a consumer
11. Complaints
We try to avoid any disputes, we deal with complaints are per the below:
If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 48 hours.