Summary of some of your key rights
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say we must give you certain key information before a legally binding contract is made between you and us. This information is:
Right to cancel – Services
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that you have the right to change your mind to purchase services from us for up to 14 days after purchasing the services and to get a full refund of the amount you have paid.
Your consumer rights – Services
The Consumer Rights Act 2015 says you can ask us to fix or repeat the service if it is not carried out with reasonable care and skill or get some money back if we can’t fix it. If a time to deliver the services hasn’t been agreed at outset, they must be carried out within a reasonable time.
This is a summary of some of your key rights. For detailed information from Citizens Advice please visit citizensadvice.org.uk or call 03454 04 05 06.
1 Definitions and interpretation
1.1 In these Terms, the following definitions apply:
We, us and our means Trustee Support Services Limited (TSS) registered in England & Wales with Company number 13506003 and whose registered office is at 7 High Street, Kintbury, Berkshire RG17 9TJ, UK. Our VAT number is GB 423 2254 34;
Customer, you and your means the person to whom Trustee Support Services Limited supplies Services;
Price means the price for the Services;
Services means the services to be provided by us to you, the Customer, in accordance with the Terms;
Terms means the standard terms set out in these terms of business.
Trust means the trust that you wish to be registered on the Trust Registration Service (TRS).
Trustee Questionnaire means the online questionnaire provided by us that you complete to provide us with the required information to register the trust.
Website means our website at https://www.trusteesupportservices.com
1.2 Any changes to these Terms are valid only if agreed in writing between you and us.
1.3 Unless authorised in writing by us, employees’ or agents’ representations concerning the Services are not valid.
1.4 Any error or omission in any sales brochure, quotation, price list, acceptance or offer, invoice or other material issued by us (whether typographical, clerical or otherwise) may be corrected by us without any liability on our part.
2.1 You appoint us to provide Services in accordance with Clause 3 below.
3 The Services
3.1 We will act as an agent of the trustees of the Trust detailed in the Trustee Questionnaire to register the Trust on The Trust Registration Service (TRS), using the information provided by you in our Trustee Questionnaire and any further information you provide.
3.2 Once we have completed the registration of the Trust on the TRS, we will provide you with full details of the registration via your secure account on our website. Once this information has been provided to you, all responsibility for maintaining the information on the Trust held on the TRS lies with the trustees of the Trust. We are then under no obligation to maintain, nor have any liability for the maintenance of, this information. We may, however, agree to contract separately with you to provide further or additional bespoke consultancy services.
3.3 It is your sole responsibility to ensure these Services meet your requirements.
3.4 We may make changes to the Services in order to conform with any legal requirements or which do not materially affect their quality or performance.
3.5 You shall, at your own expense, supply us with all necessary materials and information required by us to provide the Services in accordance with these Terms. If a failure by you to provide materials or information causes us to miss a deadline, our deadline shall be deemed to be extended by the period of your delay. We shall not be held liable for any penalties or fines that you may face as a result of your failing to provide the necessary materials and information by the deadline.
3.6 Should we request additional materials or information from you which is required to deliver the Services and you do not provide these materials or information within 30 days of the date of request, we reserve the right to cancel this agreement to provide the Services to you. In this event, we will retain 50% of the Price to cover our administration expenses and we will refund the balance to you.
3.7 We will not start providing the Services to you until after the end of the cancellation period unless you have given express consent for the Services to be provided earlier and have acknowledged that the right to cancel under regulation 29(1) of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 will be lost. Our Website allows you to give such consent and acknowledgement, should you so wish.
3.8 If, after reviewing the information that you supply, we are unable to proceed with registering your Trust on the TRS, for example, because the trust does not meet our conditions for registration or for other reasons, we will notify you and refund the fee that you have paid. This will then cancel the agreement between us.
4 Price and Payment
4.1 You will pay the Price on acceptance of these Terms and prior to the submission of the completed Trustee Questionnaire and ancillary documents to us through our Website. The Price is payable using the payment mechanisms on our Website unless otherwise agreed in writing by us.
4.2 The Price is as detailed on our Website.
4.3 We are not under any obligation to start providing the Services until the Price has been paid in full and all necessary information has been received.
4.4 If indicated on our Website, the Price includes VAT.
4.5 If, because of a factor beyond our control, the cost to us of providing the Services increases, we may increase the Price of the Services, and inform you, before you pay the Price.
4.6 All amounts due under these Terms shall be paid in full without any deduction or withholding other than as required by law and neither party shall be entitled to assert any credit, set-off or counterclaim against the other party in order to justify withholding payment of any such amount in whole or in part.
5 Warranties and indemnities
5.1 We warrant and represent to you that we will perform our obligations under these Terms with reasonable skill and care. All other warranties are expressly disclaimed to the fullest extent permitted by law.
5.2 We will not be liable to you (whether in contract, tort, including negligence and breach of duty, or otherwise at law) for any:
5.2.1 indirect or consequential loss; and/ or
5.2.2 any loss of profits, revenue or goodwill.
5.3 We do not exclude our liability for death or personal injury if caused by our own negligence or for fraud.
6.1 Either party may terminate these Terms immediately by notice in writing if the other party:
6.1.1 commits a material breach of any of the Terms (including without limitation late payment) and, if such breach is capable of remedy, fails to remedy the breach within 30 days of receiving notice from the terminating party specifying the breach and requiring the breach to be remedied;
6.1.2 enters into liquidation whether compulsorily or voluntarily (otherwise than for the purposes of a solvent amalgamation or reconstruction);
6.1.3 becomes insolvent;
6.1.4 ceases or threatens to cease to carry on business;
6.1.5 compounds or makes any voluntary arrangement with its creditors;
6.1.6 is the subject of a notice of appointment of an administrator, or a notice of intention to appoint an administrator or liquidator;
6.1.7 is unable to pay its debts as they fall due;
6.1.8 has an encumbrancer take possession of, or a receiver or administrative receiver appointed over, all or any part of its assets; or
6.1.9 takes or suffers any similar action due to debt.
or if the equivalent of any of the events described at clause 6.1.2 to 6.1.9 inclusive under the law of any jurisdiction occurs in relation to the other party.
6.2 The expiry or termination of these Terms for any reason shall not affect any rights and/ or obligations:
6.2.1 accrued before the date of termination or expiry; or
6.2.2 expressed or intended to continue in force after and despite expiry or termination.
6.3 You shall not following the termination of these Terms for any reason represent yourself as being connected with us or any member of our Group.
6.4 On termination of these Terms (for a breach by you) all outstanding or uninvoiced Prices shall become immediately payable.
7.1 In this clause 7, Confidential Information means all personal, technical, commercial and financial information, product information, trade secrets, know-how and all information relating to the plans, intentions, market opportunities, transactions, affairs and/ or business of a party and its Group companies and/ or its or their customers and/ or suppliers, and the Terms;
7.2 Each party shall keep secret and confidential all Confidential Information of the other and shall not (and shall procure that its employees and/ or officers shall not) copy, use or disclose any such information to any third party, other than as may be necessary to comply with its obligations under these Terms.
7.3 The obligation of confidence shall not apply where the Confidential Information:
7.3.1 is required to be disclosed by operation of law;
7.3.2 was in the possession of the recipient prior to disclosure by the other party without restriction on disclosure or use;
7.3.3 is subsequently acquired from a third party without any obligation of confidence;
7.3.4 is or becomes generally available to the public through no act or default of the recipient; or
7.3.5 is disclosed on a confidential basis for the purposes of obtaining professional advice.
7.4 This clause 7 shall continue in force notwithstanding the expiry or termination of these Terms, whatever the reason for such termination.
8 Intellectual Property Rights
8.1 All intellectual property rights in reports and other deliverables created by us in the course of performing the Services shall belong to us and you shall not obtain any rights therein. We hereby grant you a licence to use the intellectual property rights in the deliverables to the extent necessary to make use of the deliverables as contemplated in these Terms.
9.1 Whilst time is not of the essence in relation to the performance of our obligations under these Terms, we expect that we will have registered the Trust on the TRS and uploaded the relevant documents into your secure account within 30 days of either receiving all of the required information or the end of your cancellation period (which you may choose to waive), whichever is the later.
9.2 Notices between you and us relating to these Terms shall be in writing. Notices shall either be delivered personally or sent by first class post to their registered address. Notices, if delivered by hand, shall be treated as received when delivered, if sent by first class post, 48 hours after posting, if sent by air-mail post, 72 hours after posting.
9.3 These Terms are the entire agreement between you and us and replace all previous agreements relating to the same subject matter.
9.4 Neither the Customer nor TSS shall be liable if it breaches these Terms as a result of circumstances which are beyond its reasonable control, provided that as soon as is reasonably practicable it gives notice to the other party. For these purposes, acts of omissions by the employees, sub-contractors, developers, agents and representatives of either party are within that party’s control.
9.5 Unless these Terms provide otherwise, nothing in it creates a partnership or employment relationship between you and us or makes one party the agent of the other.
9.6 Neither you nor us may assign or transfer these Terms or any rights or objections under them without the prior written consent of the other (such consent not to be unreasonably withheld or delayed).
9.7 The Customer and TSS confirm that they do not intend any third party to have the right to enforce any provision of these Terms under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
9.8 If any provision of these Terms is found under the laws of any jurisdiction to be invalid, illegal or unenforceable, the validity, legality or enforceability of that provision in that jurisdiction shall not in any way affect the validity, legality or enforceability of all the provisions of these Terms in any other jurisdiction.
9.9 You and we shall attempt to substitute for any invalid, illegal or unenforceable provision a valid, legal and enforceable provision which achieves to the greatest extent possible the economic, legal and commercial objectives of the invalid, illegal or unenforceable provision.
9.10 All terms of this agreement which by their nature ought to survive termination will continue to be effective after this agreement has expired or been terminated.
9.11 The law of England and Wales shall govern these Terms. The Customer and Trustee Support Services Limited agree to submit to the exclusive jurisdiction of the courts of England and Wales.
A copy of these Terms of Business will be placed in your secure account after submitting a Trustee Questionnaire