Terms of Service: FreeAgent+

Version 1.0: These terms were last updated on 30th October 2018. They may be updated in the future and we'll post the new version here on our website.

Congratulations! We're delighted you’ve chosen FreeAgent+.

In addition to our standard terms of service regarding your use of the FreeAgent software, these terms of service set out the terms on which we'll provide the FreeAgent+ service during this trial period.

PLEASE READ THE FOLLOWING CAREFULLY.

BY USING THE FreeAgent+ SERVICE OR BY PAYING THE FEE (WHATEVER OCCURS FIRST) YOU INDICATE YOU HAVE READ AND UNDERSTAND THESE ADDITIONAL TERMS OF SERVICE. IF THESE TERMS OF SERVICE CONFLICT WITH AND ARE INCONSISTENT WITH OUR STANDARD TERMS OF THE SERVICE, THESE TERMS OF SERVICE SHALL TAKE PRIORITY.

FreeAgent+ Accountant Trial

We're currently trialling the FreeAgent+ service (the "FreeAgent+ Service" ) and so the FreeAgent+ Service will commence when you show your acceptance of these terms and will continue unless and until (a) we enter into formal non-trial terms of service or (b) the FreeAgent+ Service is terminated in accordance with these terms of service.

As part of the FreeAgent+ Service, we will make available to you one of our FreeAgent Expert Accountants who will provide the services you selected during the sign up process. Once you make the initial contact with the FreeAgent Expert Accountant, the FreeAgent+ Service can commence.

You'll no doubt appreciate that while we have arranged for you to receive the FreeAgent+ Service and manage and collect the Fees, we don't actually provide the accountancy services themselves. The FreeAgent+ Service works so that you will become a client of the FreeAgent Expert Accountant and will enter into a contract with them directly. The FreeAgent Expert Accountant will provide the accountancy services to you and, so far as permitted by law, we are not responsible for the service the FreeAgent Expert Accountant provides and we exclude any liability for the service provided by the FreeAgent Expert Accountants. Of course if you are unhappy with the service you receive from the FreeAgent Expert Accountant, please let us know and we can help resolve any issues.

You also acknowledge that the FreeAgent+ Service is a remote and automated service. Accordingly, it is not suitable for you if you: a) have complex accounting or tax needs; b) require frequent and detailed contact with your accountant; c) want in-person meetings with your accountant; or d) find your accounting requirements change after you start the FreeAgent+ Service.

Creating and Accessing a FreeAgent Account

The section referred to as "Creating and Accessing a FreeAgent Account" in our standard terms of service shall apply to these terms of service with any reference to "The Service" being amended to the "FreeAgent+ Service".

As part of the FreeAgent+ Service we will grant access to your FreeAgent Account to your FreeAgent Expert Accountant. You give us permission to do this in order to receive the full benefit of the FreeAgent+ Service.

Your Obligations

The section referred to as "Your Obligations" in our standard terms of service shall apply to these terms of service with any reference to "The Service" being amended to the "FreeAgent+ Service".

Payment

After the first month (which is provided free of charge), you will pay to us, the monthly fee specified in the sign up process (the "Fee") as consideration for the FreeAgent+ Service. The Fee shall be payable to us by Direct Debit each month in advance. The Fee comprises the amounts due to both us and the FreeAgent Expert Accountant. We will pay to the FreeAgent Expert Accountant their share of the Fee as consideration for them providing you with the services. You authorise us to pay the accountant their share of the Fee on your behalf.

If you stop the payment instructions at any time, we may suspend or stop providing the FreeAgent+ Service and will notify the FreeAgent Expert Accountant to suspend or stop providing the service to you. If any unpaid amounts are repaid in full (together with any interest) and the payment instructions recommence, we may recommence providing the FreeAgent+ Service.

If the Fee is late, for whatever reason, and without prejudice to any of our other rights and remedies we may stop providing the FreeAgent+ Service and will notify the FreeAgent Expert Accountant to stop providing the service to you. Also, interest shall accrue on a daily basis on any unpaid Fees at an annual rate equal to 3% over the then current base lending rate of The Royal Bank of Scotland plc from time to time, commencing on the due date and continuing until fully paid.

The Fees are payable in pounds Sterling and are exclusive of value added tax, which is also payable.

Data

As part of the FreeAgent+ Service, we will put you in touch with the FreeAgent Expert Accountant. To do so, we will pass the following details to the FreeAgent Expert Accountant: your name, phone number and email address.

You hereby consent to us passing the above personal data to the FreeAgent Expert Accountant (and any replacement FreeAgent Expert Accountant) for the purposes of providing the FreeAgent+ Service.

Please see our privacy policy for further details on how we process your personal data.

The section referred to as "Who Owns What" in our standard terms of service shall apply to these terms of service with any reference to "The Service" being amended to the "FreeAgent+ Service".

Termination

Either of us can terminate the FreeAgent+ Service at any time on giving the other one month's written notice.

We may also suspend or terminate the FreeAgent+ Service immediately by written notice to you if you commit a material breach of these terms of service (or our standard terms of service or the terms with your FreeAgent Expert Accountant) In the event that we suspend the FreeAgent+ Service, we may terminate it by written notice to you if the circumstances giving rise to the suspension are not remedied within a reasonable timeframe.

If these terms of service are terminated, (other than for your breach) the FreeAgent+ Service shall cease.

If these terms of service are suspended or terminated as a result of your breach, the FreeAgent+ Service and the FreeAgent Service may also be suspended or terminated (as we shall determine).

If our standard terms of service are suspended or terminated, the FreeAgent+ Service may also be suspended or terminated (as we shall determine).

If these terms of service are terminated and the FreeAgent+ Service ceases, you will become a standard client of the FreeAgent Expert Accountant subject of course to your contract with them.

Limitation of Liability

The section referred to as "Disclaimer" in our standard terms of service shall apply to these terms of service with any reference to "The Service" being amended to the " FreeAgent+ Service".

General

The section referred to as "General Legal Matters" in our standard terms of service shall apply to these terms of service with any reference to "The Service" being amended to the "FreeAgent+ Service".

Law and jurisdiction

These terms of service shall be governed by and interpreted in accordance with Scots law. If any party wants to take court proceedings in relation to the FreeAgent+ Service, it must do so in Scotland. You are responsible for compliance with any applicable laws of the country from which you use or otherwise access the FreeAgent+ Service.

Company Contact

FreeAgent
One Edinburgh Quay
133 Fountainbridge
Edinburgh
Scotland United Kingdom
EH3 9QG