You declare to the Revenue Commissioners of Ireland that you authorise FORTI Limited to act as your agent with regard to all aspects of your income tax.
You understand that this contractual agreement will remain in place until such time as either party, the client or the agent, has notified the Revenue Commissioners of Ireland in writing of their wish to cancel this agreement.
You authorise the transfer of any refund or repayment of PAYE/Income Levy/Universal Social Charge due to you by the Revenue Commissioners by electronic funds transfer to the following bank account which is held by “FORTI Limited”:
Bank: AIB
BIC Code: AIBKIE2D
IBAN Number: IE95AIBK93100407333042
Name of Account Holder: FORTI LTD
You understand that any refund made by the Revenue Commissioners to the agent, (FORTI Limited) on your behalf is refunded in a similar manner as if same were being refunded directly to you and that once the refund is transferred into the bank account nominated by yourself, you have no further call upon the Revenue Commissioners in respect of same. You understand that FORTI Limited is acting as your agent and is solely responsible to you in respect of any refund received by us on your behalf. You further understand that FORTI Limited is an independent entity and that the Revenue Commissioners make no endorsement of your agent or any such agency and cannot accept any responsibility whatsoever for problems encountered by yourself in dealing with them.
You understand and agree that the FORTI Limited will input its own bank account details on the Revenue record for the duration of this mandate and will remove these details on the cessation of the mandate. You confirm that you are aware of, and agree to, the payment of the fees charged by FORTI Limited in respect of the services carried out on your behalf and that this fee will be deducted from any amount refunded by Revenue and that the balance of this amount will be paid to you.
You understand that Tax law provides for both civil penalties and criminal sanctions for the failure to make a return, the making of a false return, facilitating the making of a false return, or claiming tax credits, allowances or reliefs which are not due. You confirm that you will provide the necessary documentation to FORTI Limited to support any refund, credit claims or claims for allowances and reliefs made to Revenue on your behalf by FORTI Limited.
You confirm that you will provide details of all your sources of income to FORTI Limited. You understand that FORTI Limited is required to retain a copy of all documentation relating to any refund or credit or allowance or relief claimed by the agent on your behalf and that the agent will be required to produce same to Revenue upon request.
When you access the our Site (procompanyformation.co.uk) and register to use the Services you warrant and / or undertake as the case may be to us each time you use the Site:
(4.1) (a) In the case of an individual, you are over 18 years of age, resident in the Republic of Ireland and you are accessing the Site from an Irish IP address, and that you are not a nominee for anyone else;
(b) you are not bankrupt or insolvent or the subject of any court judgement, nor are you on any sanctions or financial sanctions list
(c) that you will not allow any other person to use the Site and the Services under your name, nor will you in using the Services or the Site, pretend you are some else
(d) you are only using the Site and the Services for your own benefit and not for the purposes of providing services to others
(e) where you are a corporate entity that the person using the Site and the Services and providing the Documentation has the authority to bind the corporate entity;
(a) not to use or attempt to use another person’s account details without authorisation from us or to impersonate any person or entity. You are responsible for all information and activity on the Site and use of the Services by anyone using your username and Password whether or not authorised by you;
(b) to notify us immediately of any breach of security in respect of the Site or the Services or your systems or, of any loss, theft or unauthorised use of a username, Password or security information;
(c) when using the Site and the Services, that your use is secure and that your access to the Site is not left unattended unless you have fully exited the Site and that any Password or security information is not retrievable from the Site by others;
(d) to comply fully with all User instructions related to accessing and using the Services and the Site
(e) to use the Site, and the Services only for lawful purposes and for your own benefit;
(f) not to use meta tags or any other hidden text using our name. You also undertake not to link or attempt to link the Site with other Sites or services or use meta tags or other devices containing any reference to us in order to direct a person to any other Site or services;
(g) Not to
(i) use the Site in any way that causes, or is likely to cause, the Site or access to it to be interrupted, damaged or impaired in any way; or act in a way that could damage, disable, overburden, impair or compromise our systems, servers or security of interfere with other users; o
(ii) use automated scripts to collect information from or otherwise interact with the website. or
(iii) collect or harvest any information or data from the website or our systems or attempt to decipher any transmissions to or from the servers running the Site or
(iv) act. In any way act in a manner which breaches any legal duty owed to a third party, such as a contractual duty or a duty of confidence; or
(h) to ensure no Viruses or Spyware are introduced into the Site;
(i) not to introduce onto the Site any item, information or material which is confidential to others or which infringes the Intellectual Property Rights of any other person;
(j) to be responsible for the accuracy and completeness of all items, material or information that you input into the Site;
(k) not to use the Site, or the Site and or the Services in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(l) not to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
(m) not to adapt or circumvent the Site, the controls on it whether access related or otherwise nor attempt to access the Site other than by using the user id, Password and answers to security questions and by following the instructions provided by the Site;
(n) not to select or use as a user id or domain name, the name of another person, or a name that another person has intellectual property rights in unless under licence from that other person or use as a domain name or user id, any name which is defamatory, offensive, vulgar obscene or in breach of any applicable law or code of practice;
(o) to accept these Terms, the Privacy Statement, and the Cookies Policy as and when required by the Site and your use of it.
Descriptions and illustrations. Any descriptions or illustrations on our Site are published for the sole purpose of giving an approximate idea of the Services described in them. They will not form part of the Contract or have any contractual force.
Services Exclusions from Liability.
You acknowledge and agree that we shall not be liable to you and or in breach of any obligation of our company under these Terms
(a) if you have provided information or an instruction to us which is false, inaccurate, incorrect, insufficient or misleading in any way; or
(b) if you have already received a refund; or
(c) if you have applied for a refund, either directly or through another person, natural or legal; or
(d) you owe money to the Taxing Authority; or
(e) the Taxing Authority has different information on its system than that provided by you to us; or
(f) the Taxing Authority information leads to a decision that you are not due a refund. Where there is a possible case for appeal within the law, such appeal may be taken by us, where the information provided by you to us enables us to do so and where we have agreed the Additional Charges and Vat applicable and they have been paid as provided in these Terms.
It is your responsibility to ensure that:
(a) the terms of your order and all of the Documentation is clear accurate and complete;
(b) you co-operate with us in all matters relating to the Services;
(c) you provide us promptly with all of the Documentation requested by us including the Required Information.
You agree to indemnify us for any loss, cost, expense or liability that we suffer or incur as a result of acting or relying on your Documentation, and your instructions. This clause shall survive the expiry or termination of the Contract howsoever caused.
You acknowledge and agree that
(a) we may rely and act upon all Documentation and instructions given by you.
In consideration of us providing the Services you must pay our charges (Charges) in accordance with this clause 3. Our Charges are based on the tax refund secured for each individual Customer from the Tax Authority , with a minimum charge.
The Charges are the fees quoted on our Site at the time you submit your order. The Additional Charges are those applicable to Additional Services we have agreed to provide, shall be as quoted on the Site at the time you submit your order or where not so published, as agreed by us with you in writing.
You acknowledge and agree that we shall not be liable to you and or in breach of any obligation of our company under these Terms
(a) if you have provided information or an instruction to us which is false, inaccurate, incorrect, insufficient or misleading in any way; or
(b) if you have already received a refund; or
(c) if you have applied for a refund, either directly or through another person, natural or legal; or
(d) you owe money to the Taxing Authority; or
(e) the Taxing Authority has different information on its system than that provided by you to us; or
(f) the Taxing Authority information leads to a decision that you are not due a refund. Where there is a possible case for appeal within the law, such appeal may be taken by us, where the information provided by you to us enables us to do so and where we have agreed the Additional Charges and Vat applicable and they have been paid as provided in these Terms.
If a tax refund is sent directly to you, by the Tax Authorities as a result of the Services performed by us, you will be liable to pay against our invoice our Charges and Vat for such Services, within 14 days of the date of our invoice communicated to you.
Upon receipt by us of the tax refund from the Taxing Authorities, we will deduct our Charges and Vat and pay the balance to you by cheque or where we have agreed to do so in writing by inter bank transfer. In either case, you the Customer will be responsible for any bank charges levied by the Bank you use to obtain the cash equivalent of the cheque we send you. Where any bank charges are applied by the Bank to us, either arising from our paying you by cheque or interbank transfer, you the Customer undertake to indemnify and pay us any such applicable charges that are applied to us on your refund cheque, as communicated to you.
(a) you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within Thirty (30) days of you being notified in writing to do so; or
(b) you fail to pay any amount due under the Contract on the due date for payment; or
(c) you take any step or action in connection with you entering examinership or to have an examiner appointed, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business [or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction];
(d) you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
(e) your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Services with you after the Event Outside Our Control is over.