eFileReady Limited Terms of Service
1. Acceptance of Terms
These Terms of Service ("Terms") apply to and govern your use of our eFileReady Limited ("eFileReady") web site, its facilities and services (the "Website"). By accepting these Terms of Service you are entering a contracted agreement solely between eFileReady Limited and yourself. Please do read through and understand our Terms carefully.
References to 'you', 'your' 'yours' and 'yourself' are references to either the administrator(s) of the software, the person in charge of the payrun, e-filing or downloading, and/or the organisation that you represent, and/or any initiated user who represents your organisation, and/or any additional user your organisation appoints, the employees of your organisation, the clients of a bureau/an agent, and/or any person accessing the Website.
eFileReady Limited may decide from time to time to waive any of the Terms of Service governing the Website and its facilities. If we do so, we will not be deemed to have waived those Terms of Service on any other occasion.
2. Right to Change
4. Description of Service
Our Website acts as a venue where you can make use of our facilities for e-filing your documents to Her Majesties Revenue and Customs ("HMRC") and for downloading your notices from the HMRC, at the same time you may make use of the Website to store, to view and to print out the documents relating to the e-filing and downloading on an 'as is' basis and "as available" basis.
The e-filing services may include the e-filing of your P14, P35, P38A, P45 Part 1, P45 Part 3 and P46 forms, CIS 300 forms, Pension Schemes Forms and Returns, e VAT and others to be added from time to time as we think suitable.
The downloading services may include the download of P6, P9, SL1 and SL2, and other various notifications and notices to be added, from the HMRC into your system.
These activities are known as e-filing and downloading services. By registering and using our Website you are simply using these provided facilities for your e-filing and downloading activities.
5 How our services are conducted
5.1 E-filing Services
(1) Providing a pre-defined spreadsheet format for your P14, P35, P38A, P45 Part 1 and Part 3, P46, CIS 300, Pension Schemes, e-VAT and others, data.
(2) Accepting and validating your uploaded data format in a CSV file against the HMRC Schema and Business Rules we interpreted.
(3) Notifying you of all the list of errors you may have in the data format of your respective document.
(4) Further validating your amended data to ensure that it fully complies with the XML e-filing required data format and Business Rules.
(5) Converting your given CSV files into XML files and e-filing to the HMRC (6) Providing proof of successful submission from HMRC for each of your e-filed submissions.
6. Providing E-filing/Downloading services only, not advice
You acknowledge that eFileReady Limited provides only the facilities for you to e-file and download as spelt out above. eFileReady Limited does not provide any tax advice, legal advice, payment advice, advice on how to use the Website facilities, nor does eFileReady Limited provide or endorse any kind of financial or other advice.
Any statement, correspondence or incidental conversation between the staff of eFileReady Limited and yourself, which could be seen or construed as advice, is entirely between you and the individual staff member concerned. You agree that any advice given by any eFileReady staff member, or any statement you have seen in the eFileReady Website, either expressly or implied, whether or not under our letterhead, should be taken as purely a personal opinion. You agree to indemnify any advice you receive from eFileReady Limited and the staff of eFileReady Limited.
You further undertake that any final decision you make will not be based on any statement made by eFileReady Limited or its staff. You will make your final decision only after consulting a suitable qualified legal expert or tax consultant or IT consultant etc.
You should attend computer training courses, or any other courses, which may conducted by eFileReady Limited or others, to learn how to use the Website facilities we provide, and/or other related Internet web sites such as HMRC and/or other web sites correctly. You may need to sign up for paid support provided by a third party to administrate and use the Website facilities we provide correctly.
7. Data Accuracy, Compliance and Security
You acknowledge that you will take full responsibility for all the data entered and uploaded into our system as we have no control over the authority, the quality or safety of the data input and the data updates regardless of whether you are an employer user, an employee user, a bureau agent user, a client user, or another appointed user. You and you alone are responsible for the accuracy and completeness of your records. All liabilities howsoever arising as a result of errors, inaccuracies, omissions, or a lack of clarity in your data records, in so far as they attach to us, are excluded.
We are not involved in any transactions between you, your authorised users, your Agents, your Clients, your employees, HMRC, your bank and others. Our service also excludes any investigation or payroll audit into your affairs by HMRC, and also excludes enquiries.
For security and other reasons you accept that we have the right from time to time to monitor what data is being entered or uploaded into our system. Your uploaded data may be placed in a temporary holding bin for checking and screening to ensure that it does not contain virus and non-complying items and, if necessary, for us to view and test to see if the data complies with HMRC or Companies House data format rules before the data can be accepted into the system for processing or e-filing to HMRC or Companies House.
8. Sign up/Sign in details
You undertake to keep your security Sign In ID, Password and Pattern Word and any other sign up and sign in details secret. You further undertake to change your Password regularly. If you do not know how to change your Password, you undertake to seek expert advice on how to do so. You must not tell anyone these details or write them down in a manner that would allow someone else to use them and access your data. Never include your Password or Pattern Word in an E-Mail or a letter. You understand that eFileReady Limited will never ask you to enter your Password or Memorable Word on any other Website or letter or E-Mail. You will not tell anyone, including eFileReady Limited staff, your Password or Pattern Word, or any sign up and sign in details over the phone, or by any other correspondence or E-Mail. Do not enter your Password and Pattern Word while someone else is watching. You must write to us immediately if you suspect that someone knows your sign in details and/or has accessed your data.
You accept that for reasons of data security eFileReady Limited is not obliged to reply to any e-mail or letter, nor enter into any verbal discussion, regarding forgotten sign in details. If you forget your sign in details the only way for you to recover them is to click on the 'Forgot Sign In' button on our website and follow the on-line instructions.
9. Your Employees and Clients
You undertake to seek the consent of your employees and your clients before entering any of their data on the eFileReady Limited Website facilities. You agree to indemnify eFileReady Limited for the consequences of any authorised and unauthorised entry of employee or client data into the eFileReady Website.
You may grant permission to your clients, employees and additional users to access the eFileReady Website to view and print the related data and you therefore undertake full responsibility on the conduct of their Internet accounts and their access to the eFileReady Website.
Appointing an additional user: -You acknowledge that the additional user here includes any additional user you appoint to use the account you have created, the employee of the company, your client, your helper, or any other person who may have part or full access to your entire system, its details and its functionality. You accept sole responsibility on whoever you appoint as an additional user. You undertake that you will check the full credentials and identity of who you wish to appoint as an additional user. You also accept that you will not hold us responsible whatsoever for providing the facility which allows you to appoint an additional user.
Internet communications, including e-mails, are not secure and therefore eFileReady Limited does not accept legal responsibility for the contents of any messages transmitted by Internet. Any e-mail can be intercepted and read by others over the Internet and you should consider this before sending any data via email. eFileReady Limited cannot be held liable for any breach of security. Any information sent from the eFileReady Limited facilities is sent at your own risk.
Any views or opinions presented in our e-mails are solely those of the author and do not necessarily represent those of eFileReady Limited. Replies to e-mails may be monitored by eFileReady Limited for operational or business reasons. Around 99% of computer virus are spread through e-mails with attached files. For this reason, you agree to undertake not to send to eFileReady Limited any e-mail containing attached files or any e-mail containing linkages as they may trigger a virus. You also understand that any e-mail containing an attached file will be automatically rejected by eFileReady Limited. E-mails can only be sent using the pre-defined format set by eFileReady Limited. eFileReady Limited does not accept responsibility for any damage whatsoever that is caused by viruses being passed.
You accept that any telephone calls made to or from eFileReady Limited may be recorded for quality control and training purposes and you further agree that the details of the calls may be made public should any dispute arise provided the call does not include any individual's personal confidential details.
You acknowledge that once you start using any of the services provided on this website fees and charges will apply immediately, either based on the rate published on the website, or the rate mutually agreed in an agreement, or lacking which will be based on a rate set at eFileReady's sole discretion.
eFileReady Limited may in its absolute discretion waive any fees or charges and give any discount to any user under a special arrangement. If we do so, we will not be deemed to have waived the fees or charges on any other occasion. Any exemption from payment or discount will only be valid if it is made in writing to you. We reserve the right to withdraw any free usage or discount at any time without needing to give reason. We also have the right to change the published fees and charges, if any, at any time without notice.
You acknowledge that if you forget your sign-in details, eFileReady Limited reserves the right to impose a levy to recover the additional administrative costs involved in administrating your sign-in details.
Your also acknowledge that it is illegal to create duplicate accounts for the same company or organisation, and you accept that eFileReady Limited has the right to impose a penalty of £1000 (one thousand pounds) for each duplicated account created. This is to prevent malpractice and any abuse of the free offer period or limit.
12. Invoicing and Payment Terms
Unless otherwise stated, all fees are payable in GB Pounds sterling and all invoices are subject to VAT at the prevailing rate and are payable before the specified due date. You agree that we may issue you with invoices in an electronic format by e-mail or placing in a place where you can print them at anytime. As a user, you accept that these electronic invoices are eFileReady Limited official invoices and you will undertake to print out the invoice yourself should you require a hard copy.
In the event of payment not being received before the specified payment due date, eFileReady Limited reserves the right to immediately suspend your use of the Website facilities and retain any stored data until payment is received in full. eFileReady Limited reserves the right to charge interest on all accounts remaining unpaid after their due date. Should you decide to stop using the facilities, you acknowledge that you are liable for payment of all invoices up until the date you leave.
We may request that payment should be made to eFileReady Limited using PayPal, or any other online payment service, to be further defined from time to time. If you choose not to use this quick and easy payment method, and instead choose to pay us using another payment method such as cheque or bank transfer, eFileReady Limited has the right to impose a levy to cover the extra administration costs.
Our standard credit term is not more than 30 days.
13. Termination of Service
eFileReady Limited reserves the right to terminate any individual use of the Website and its facilities, or portion of the Website and its facilities, at anytime, with or without notice or reason. You agree that should eFileReady Limited exercise its right to terminate its facilities to you, its decision is final and you have no right to appeal. You also agree that there will be no compensation of any kind for losses or inconvenience arising out of the termination of the use of the eFileReady Limited Website or its facilities. eFileReady Limited also reserves the right to withdraw either the whole or part of the Website service and its facilities at any time, with or without notice or reason to any of its users.
You accept that your account may be terminated either by official notice, and/or as a result of you not using the account for more than one year, and/or as a result of overdue payment. If your account is terminated you will no longer have any access rights to the account. Should you need to access to the account and use any of the services in our system after the account is terminated, a fresh agreement and prices must be agreed first.
14. Disposal of Data / Deletion of Accounts
You accept that any tax and/or other data you have entered into our system will stay in the system and can never be deleted, and any contact details entered into our system will be used to notify you of any payroll or other services we offer, regardless of if your account is active or dormant.
You may sign in to our system and go to the OTHERS section to disable your account to stop us from contacting you about the services we offer. You accept that we will not entertain any request to suspend or delete any account in our system.
We will not disclose your details to any third party under normal circumstances. However, if there is a court order requesting us to disclose your data we will have to act accordingly.
You understand that you should never leave your computer whilst you are signed-in to the eFileReady service. Always sign-out from our Website and its facilities whenever you are not using it. If using a public or shared computer, for example at an Internet cafe, you must undertake to sign-out and close down any browser windows when you have finished using our Website and its facilities.
You undertake to update your postal address details and identity details in our Website immediately as they change. The recovered sign in details will be printed onto normal open plain paper without any additional security coating cover of any kind on top. eFileReady Limited does not provide the facility for coated protected printouts. They will only be posted to your given postal address in a plain ordinary envelope. We reserve the right to impose identity checking procedures and will not entertain any postal address other than the address you or your agent have entered and stored in the Website. You agree that when eFileReady Limited posts you any details eFileReady Limited does not take any responsibility for postal and postal associated problems. You accept the risks involved in the way the recovered sign in details are communicated to you.
You expressly acknowledge and agree that any material and/or information downloaded or otherwise obtained through the use of our Website and its facilities is done at your own discretion and risk and that you shall be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
16. Exclusion of liability
Whilst eFileReady Limited has taken reasonable steps to ensure the accuracy, timeliness, availability correctness, fitness for purpose and completeness of the information contained on the Website and its facilities, information is provided on an "as is" and "as available" basis without any warranty of any kind, whether express or implied. eFileReady Limited shall not be liable for any indirect, consequential, incidental damage or loss of any kind including loss of business, profits, chargeable time, anticipated savings, goodwill, any business interruption or loss of or corruption of data, however caused and whether arising under contract or tort, including negligence, statute or otherwise. The use of the Website and its facilities is at your sole risk. In all events, no liability will be held even if eFileReady Limited had been advised of the possibility of damages. We do not represent or warrant that the Website and its facilities will be available and will meet your requirements. We do not represent or warrant that the Website and its facilities shall be available on an uninterrupted basis, and no liability can be accepted in respect of losses or damages arising out of such unavailability. Also, we accept no liability in respect of losses or damages arising out of changes made to the content of this Website and its facilities by unauthorised third parties. We do not represent or warrant that access to the Website and its facilities will be free from delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You have sole responsibility for ensuring you have adequate protection and to undertake reasonable and appropriate precautions to scan for computer viruses or any other destructive properties. We make no representations or warranties regarding the accuracy, functionality or performance of any third party software that may be used in connection with the Website and its facilities.
We shall not be liable to you in respect of any circumstances arising outside of our reasonable control.
If any exclusion, disclaimer or other provision contained in this Terms of Service is held to be invalid for any reason by a court of competent jurisdiction and we become liable for loss or damage that could otherwise be limited, such liability whether in contract, tort or otherwise, will not exceed the fee actually paid by you for the facilities.
Should there ever be any compensation paid to any eFileReady user for any reason, the total amount of compensation paid will never be more than the total amount the user has paid to eFileReady Limited. The issue of compensation cannot be subject to any arbitration or jurisdiction. It is solely at the discretion of eFileReady Limited and the decision of eFileReady Limited is final. The payment of one compensation for whatever reason, at the sole discretion of eFileReady Limited, is paid on a one off basis, and this cannot be construed as a precedent for any other payment.
17. Third Party Sites
The Website and its facilities may contain links to other sites not maintained by eFileReady Limited. We are not responsible for the content of these third party sites. By accessing other websites through links provided by eFileReady Limited, you agree to the following: - Independent providers have produced the material available on these sites. Any opinions or recommendations are solely those of the independent providers and are not the opinions or recommendations of eFileReady Limited. eFileReady Limited can not guarantee the timeliness, accuracy, adequacy, or completeness of any such information. The materials and information you may find on these third party sites are provided on an "as is" basis without warranty of any kind, either express or implied, including without limitation any warranty for information, services, or products provided through or in connection with the eFileReady Limited Website and any implied warranties of merchantability, fitness for a particular purpose, expectation of privacy or non-infringement. eFileReady Limited will not be held liable for any damages or injury resulting from the use of linked sites.
The Website may also contain material submitted and created by third parties. We do not make any recommendation or endorsement as to any service or product or to any material, including advertisements, submitted by third parties to our Website. eFileReady Limited excludes all liability for any illegality arising from, or error, omission or inaccuracy in such material.
In consideration of your use of the Service, you agree that eFileReady Limited reserves the right to place advertisements anywhere on the Website, and at any time. Your correspondence or dealings with, or participation in promotions of, advertisers and merchants found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or merchant. To the fullest extent permitted by applicable law, you agree that eFileReady Limited shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers and merchants on the Service. Any orders placed by you are subject to confirmation by, and the terms and conditions of business of, the relevant Merchant.
19. Third Party Rights
In the event that you have any right, claim or action against any other user arising from that user's use of the Website and its facilities, you agree to pursue such right, claim or action independently of and without recourse to us, and you release eFileReady Limited from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.
A person who is not a party to this Terms of Service has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Terms of Service but this does not affect any right or remedy of a third party specified in this Terms of Service or which exists or is available apart from that Act.
20. Governing Law
This Terms of Service shall be governed by and construed in accordance with English law and subject to the exclusive jurisdiction of the English courts
21. Licensing and Copyright
You acknowledge that eFileReady Limited is the service provider of the Website but not the copyright holder of the software. eFileReady Limited has been granted a non exclusive license to use the software to provide services in the Website on an "as is" basis. INTERSOFTWARE SOLUTIONS LIMITED (Company No. 03306112) is the copyright holder and other intellectual property rights holder of the software of this website. INTERSOFTWARE SOLUTIONS LIMITED (Company No. 03306112), the licensor, does not give any warranty express or implied (including, but not limited to, any express or implied warranties as to fitness for purpose, suitability, accuracy and completeness of content, quality and availability), relating to your access and use of the Website and its services, to the maximum extent permitted by applicable law.
The Terms of Service governing the use of the Website is the agreement between you and eFileReady Limited. INTERSOFTWARE SOLUTIONS LIMITED (Company No. 03306112), the Licensor, provides a non exclusive license to eFileReady Limited and others to provide the service over the web or by other means as they think suitable. INTERSOFTWARE SOLUTIONS LIMITED (Company No. 03306112), the Licensor, has no control over how the service provider, the Licensee, provides the service. INTERSOFTWARE SOLUTIONS LIMITED (Company No. 03306112) is not party to any contract with any third party user.
The Software mentioned above includes the business work flow, the business logic, the source code of the software, the calculation engine, the software, the server hosting software, the auto administration system for collecting payments, the sign-up and sign-in to the software system, various screen pages design, the reports, the rollback system, the multi user system, the employee Internet accounts, the e-filing system, the downloading system and the reminders for the users usage of the software, etc.,
The copyright for the Software does not include the software Home Page design, the colours, the logos, the icons, the marketing materials, the advertisement design, the database package, the customer support system, all the links, the help files the secure mail system, the security set up arrangement system on how to access and protect the users data and any help and support. etc.
If any customisation and/or modification of the software is warranted, whether the original idea and design for customisation and/or modification comes from you or from others, you agree that the copyright of the customised and/or modified software remains with INTERSOFTWARE SOLUTIONS LIMITED (Company No. 03306112). We shall then in turn grant you an non-exclusive license to use the modified and/or customised software upon payment of the agreed fee or other consideration. All software is licensed, not sold.
Copyright 2005 INTERSOFTWARE SOLUTIONS LIMITED (Company No. 03306112). All rights reserved. Reproduction, copying, usage, modifying, hiring, renting, public performance, transmission and/or broadcasting in whole or in part of the various Software or web pages is prohibited without the written consent of INTERSOFTWARE SOLUTIONS LIMITED (Company No. 03306112). You may not reverse engineer, decompile, or disassemble the software, except and only to the extent that such opportunity is expressly permitted by applicable law notwithstanding this limitation.
The ownership of the copyright of the software may change and/or transfer at any time to a new owner, as the current owner (INTERSOFTWARE SOLUTIONS LIMITED (Company No. 03306112)) so chooses, without any prior warning or reason given. There is no guarantee that the new owner of the copyright will maintain the same commitment and terms and conditions as stated.
The Website is copyrighted © 2005 by INTERSOFTWARE SOLUTIONS LIMITED (Company No. 03306112). The homepage design is copyrighted by eFileReady Limited and is detailed as above.
No one may link any other web site to the Website, without the prior written permission from eFileReady Limited.
The names and logos of other companies and products mentioned on the Website may be the trade marks of third parties, including our business partners and are used by us with the permission of their respective owner(s). All trade names and trademarks are the property of their respective companies.
This Terms of Service constitutes the entire agreement between you and us in relation to the Website and its facilities and the license, and supersedes any other oral or written communications with respect to the Website and its facilities.
C. Data Collection and Use
eFileReady Limited collects personally identifying information when you sign up with us. We will ask for your full name, address, e-mail address, driving license notice and other information we may decide from time to time. Once you sign up with eFileReady Limited and sign in to our services, you are not anonymous to us.
Our Website acts as a venue where you can make use of our facilities for e-filing your documents to Her Majesties Revenue and Customs ("HMRC") and for downloading your notices from the HMRC, at the same time you may make use of the Website to store, to view and to print out the documents relating to the e-filing and downloading.
You understand that any data you enter on our Website and its facilities is collected for the purposes mainly of e-filing and downloading activities and their associated activities, paid or unpaid. This data will include, but is not restricted to, your employees and clients personal data such as, name, address, date of birth, National Insurance number, tax code and pay history etc.
You also understand that we may use the data given by you for some general purposes such as to customise the advertising and content you see, based on the details given by you and your activity on our Website, to fulfill your requests for certain products and services, and to contact you about specials, new products and for customer feedback.
We undertake to design our system in such a way to minimise the use of personal data. You acknowledge that eFileReady Limited has the right to scan the user database when required for administrative, advice and invoicing purposes whenever eFileReady Limited deems it necessary.
D. Consent for Data Collection and Use
You undertake to seek the consent of your employees and your clients before entering any of their personal data on the eFileReady Limited Website facilities. You will also undertake to inform all those employees, and clients who consent to having their personal data stored on the eFileReady Limited facilities, exactly what data will be stored, and for what purposes it is stored.
E. Disclosure and sharing of your Data
We undertake not to sell, trade, rent or share any personally identifiable information to others. We will send your personally identifiable information to others only if;
- We have obtained your express consent to share the information.
- We need to share your information to provide the service or product you have requested, paid or unpaid.
- We need to send the information to others who work on behalf of eFileReady Limited to provide a service or product to you.
- Our company is subject to a take-over or merger in which case the information will be disclosed to the new owners on the understanding that they will protect the information and only use the information in substantially the same way as previously.
- We must respond to court orders and any other legitimate request by authorities with which we must comply.
F. Reviewing your Data
You acknowledge that eFileReady will check the data you upload to the eFileReady Website to see whether or not its format complies with the HMRC's published Schema validation and Business Rules as interpreted by us.
You further acknowledge that apart from the validation checks, eFileReady Limited does not monitor, edit or review whether the data provided by you has been correctly calculated. We have no control over the authority, the quality or safety of the data input. You and you alone are responsible for the accuracy and completeness of your records.
You can edit your stored data at any time by signing in to your account and making the necessary changes. You can also request the deletion of your account by contacting eFileReady Limited in writing by registered post to the address given on our Website. We undertake to stop processing your data upon receiving notification in writing and sent to us by registered post of the your objection. We reserve the right to regularly delete any data that we deem is out of date or no longer required.
G. Confidentiality and Protecting your Data
We are fully committed to taking reasonable steps in the circumstances applicable to us to protect the security and privacy of any information or data submitted to our Website and its facilities. We undertake to adopt appropriate physical, electronic and procedural measures to protect personal data collected or stored on our Website and its facilities. We also use the appropriate Internet security protocol that we deem suitable to create a protected connection between you and our servers so that your data can be confidentially sent and retrieved.
Whilst we undertake to maintain the highest possible levels of security practicable to protect data it should be realised that no data transmission over the Internet or information storage technology can be guaranteed to be 100% secure, and there is always some risk of unauthorised access. eFileReady Limited cannot be held liable for any breach of security. Any information submitted to us is done so at your own risk.
We limit access to personal information about you to eFileReady Limited employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs.
Whilst we have security measures in place to protect your data, it remains your responsibility to keep your sign in details secret and to sign off from the eFileReady Website when you are not using it.
H. Use of IP Addresses and Cookies
IP addresses: for security purposes eFileReady Limited automatically records the IP address of your computer each time you visit our Website.
Cookies: Cookies are small text files that we can transfer to your computer through your Web browser to enable our systems to 'remember' who you are and to provide personalised features. eFileReady Limited may set and access cookies on your computer. For example, a cookie would be used if you wish your computer to recall your sign in ID each time you visit our Website. You may at any time turn off cookies in your browser.
eFileReady Limited does allow other companies that have advertisements on our Website to set and access their cookies on your computer. Other companies' use of their cookies is subject to their own privacy policies. Advertisers or other third parties do not have access to eFileReady cookies.
I. Links to third party sites
Our site contains links to other web sites. eFileReady Limited is not responsible for the privacy practices, or the content, of these web sites. We recommend that you examine the privacy policies of these third party web sites to understand their procedures for collecting, using, and disclosing your information.
K. Questions, Suggestions and Communications.
Unit 101, China House,
395 Edgware Road,
Last updated on: 27/01/2015