Terms of service

These terms govern our agreement with you. The terms may be updated from time to time in the future. You agree to review our Terms of Service regularly and your continued access to or use of the Service will mean that you agree to the changes. In addition, you will be notified of any significant changes to our Terms of Service.

Your responsibilities

In order for the Crunch Service to manage and reflect the true status of your company’s financial status, you agree to keep your Crunch Account up to date with all trading activities, including entering all invoices and expenses, recording withdrawals and payments, reconciling with your company bank and credit card statements on a regular basis, filing your VAT returns, if you are registered and filing RTI submissions when required, through your Crunch account.

It is wholly your responsibility for the accuracy and completeness of the data entered into the Crunch accounting software and we are wholly dependent upon your entering this in a timely way, and any information or explanations we receive from you. We are under no obligation to specifically identify missing or incomplete information.

You must ensure that we have complete and accurate information throughout the subscription period, including any changes to company structure, trading activity, business address, and personal contact details etc.

If you have already been trading as a Ltd company and used an agent to look after your company’s accounting activities previously we will contact them to gain Professional Clearance and obtain your historical data, which we are required to do immediately upon you joining Crunch.

If you have accounts from previous years that have not yet been finalised and we do not have opening balances from these periods your Crunch account will not be a true reflection of your company’s current financial status until we have this information.

If you start to use the Service midway through your current trading year you will be required to enter any trading activities already undertaken into your Crunch account, or use our switching service.

Crunch will start acting as your accountant for the financial year in which you start with Crunch. Any previous year’s Accounts must be completed and filed by your previous agents if you have one, or arrangements can be made separately to perform these activities with Crunch.

If your previous year’s Accounts have not been filed, and opening balances are not entered into the Crunch system by the time your first Year End Accounts are due to be filed by Crunch we will be unable to file them. Any fines or penalties resulting from this will not be the responsibility of Crunch.

Company directors are responsible for the registration, completion and filing of an annual Self Assessment Personal Tax return. Crunch can assist with registration and offers a separate paid for Personal tax service for the completion and filing of returns.

The Service

The Service provides the following for the accounting years in which you are subscribed to the Service based on the information you have entered into our accounting software.

Crunch accounting software: Access to an online Crunch account.

Ltd company Year End Accounts:

  • Preparation & calculation of your company’s year-end annual Financial Statements.
  • Presentation of annual Abbreviated & Full Accounts for your approval & online submission to Companies House.

Corporation Tax

  • Completion of a CT600 & tax computation based upon the annual Accounts
  • Presentation of CT600 for your approval & online submission to HMRC.
  • Dealing with routine HMRC correspondence. (Routine does not include an HMRC enquiry, full or aspect)

Paying Yourself

  • PAYE Scheme registration for new Ltd companies.
  • Salary calculations based on drawings up to the annual National Insurance threshold for all Directors. (NB, If a higher salary, or IR35 calculations are required this would fall under our Crunch Payroll service, which is an additional paid for service)
  • Production of Directors payslips.
  • Creation of monthly RTI payroll runs for your online submission to HMRC
  • Production of Dividend vouchers & related company minutes.
  • General advice on PAYE, NI & tax coding for all directors.
  • SSP, SMP and other statutory calculations of payments or deductions
  • Production of a P60 for all directors.
  • Preparation of P11D and forms P11Db for all directors for approval & online submission to HMRC.
  • Dealing with routine HMRC correspondence.

VAT

  • Cash accounting VAT calculations (Standard & Flat rate VAT schemes only)
  • Calculation of quarterly VAT returns, if registered.
  • Presentation for your approval & online submission of returns to HMRC.
  • Notifying HMRC of any changes in your VAT registration.
  • Dealing with routine HMRC correspondence.
  • Agent for online VAT filing with HMRC. (Excl. VAT inspections)
  • NB, All VAT Returns are filed online and payment must be made electronically.

Companies House

  • Changes to officer and company information.
  • Use of the Crunch office address for use as your company’s Registered Office Address.
  • Annual Returns (additional Companies House filing fee applies)

Penalties and interest

  • Assistance with penalty appeals in the accounting period in which you are subscribed to the Service unless as a result of your inaction in which case we will make an additional charge.

NB, you must be subscribed to the Service in order for us to file any company returns, this includes PAYE end of year returns, which require filing at specific times in the calendar year. If you choose to leave the Service before these filings are due, and have not made specific arrangements with Crunch, you will need to make your own arrangements.

You will be notified of annual company return filing deadlines in advance by email, or via messages in your Crunch Account. We cannot be held responsible for any late filing fees or penalties caused once notification has been sent.

You are legally responsible for ensuring the data in your RTI payroll submissions are correct and made on time. Failure to do this may lead to automatic penalties, surcharges and/or interest from HMRC. Employers cannot delegate this legal responsibility to others.

Your first Full Payment Submission (FPS) must reach HMRC normally on, or before the payday for the first payroll run after you are required to make submissions under RTI. For all new employers RTI filing will only be able to commence these once your PAYE scheme has been formed and references are available from HMRC.

Advice given by Accountants

Crunch Accounting Ltd provides all accountancy advice for the Ltd company subscribed to the Service.

Your subscription to the Service allows for the provision of general accountancy guidance only for the Ltd company subscribed to the service. For specific matters relating to issues such as IR35 compliance, broad advice will be offered and additional services recommended. You should always seek specialised advice on specific matters.

If you seek specialised advice, or other accounting activities from us outside of the Service (“Specialised Services”), we may subcontract the provision of those Specialised Services to either Crunch Accounting Ltd, one of our affiliates, or to a third party. These activities will be charged for.

Crunch Accounting Ltd is regulated by The Association of Taxation Technicians (ATT) and will observe the by-laws, regulations and ethical guidelines of the association.

For some Specialised Services you will be required to accept a service engagement from Crunch Accounting Ltd, who will accept instructions to act for you on the basis that they will act in accordance with the above guidelines. Copies of these requirements are available for inspection in our offices.

We will endeavour to record all advice on important matters in writing. Advice given orally, is not intended to be relied upon unless confirmed in writing. Therefore, if we provide oral advice, e.g. during the course of a telephone conversation, and you wish to be able to rely on that advice, you must ask for the advice to be confirmed by us in writing.

Your Account

If we accept an application for the creation of a Crunch account, we will confirm this by email and at that point a legally binding contract will be created between the Account Holder and us. If you apply for a Crunch account to be created, you warrant that you are authorised to enter into this Agreement and do so by agreeing to the Terms of Service. The Agreement will be subject to English law and the provisions of these Terms of Service shall govern our agreement with you.

We reserve the right, at our discretion, not to accept an application to create a Crunch account. This may be due to technical constraints, because you or your business has been banned by us from using the service, we have been unable to adequately confirm your identity or for any other reason. No charge will be made for declined applications.

The acceptance of your application is based on the trading activity and company structure described when first signing up to the Service. If your trading activities or company structure change Crunch may not be the right product for you and would not be able to continue to provide services to your company. In this instance we would reserve the right to issue a disengagement letter and hence cease to act for you.

The Service caters for Ltd Companies with up to a maximum of 4 Directors and up to maximum 4 shareholders, and no more than 10 employees (inclusive of Directors).

Internal Disputes

If we become aware of a dispute between the parties who own or are in some way involved in the ownership and management of your company, it should be noted that our client is the company and we would not provide information or services to one party without the express knowledge and permission of all parties. Unless otherwise agreed by all parties, we will continue to supply information to the registered office/normal place of business for the attention of the directors. We cannot mediate or terminate ownership without all parties consent.

Your subscription

Fees and payments terms

A subscription fee for use of the Service is payable monthly, or annually in advance by the Account Holder. The subscription rates are posted on our website and we may vary these from time to time: please see our services page for the rates in force for the current month. Prices on our website are quoted in UK pounds Sterling and exclude VAT, which is also payable. You will be notified of any changes to our current price plan. It is a requirement that all account holders agree to have a direct debit set up for payment of monthly subscription fees.

A set up fee will be charged when signing up for the Service. This fee will be dependent on whether you require us to form your limited company or, you already have a limited company and then the closeness to your existing company’s year end.

NB, the Service relies upon the continuous payment of monthly subscriptions. We are unable to provide breaks in subscription fees due to non-trading, permanent employment etc.

If an Annual payment is made for the Service please note, we cannot offer a pro-rated refund if you choose to cancel your account before the end of the year for which you have paid.

Additional charges will apply for activities that fall outside the Service such as £9.50 + VAT for Crunch Payroll or a £13 charge for filing your Annual Return with Companies House to cover the web-filing cost. Other costs will apply for shareholding changes, company name changes, references and closing your company. If you require a specific additional service please ask your Account Manager for details.

Once any company return has been filed Crunch cannot be held responsible, or accountable for any omissions in your accounts. Any changes required after submission do not fall within the Crunch subscription fee and will be charged separately.

Non-payment

We shall be under no obligation to provide the Service if the subscription fee is not paid to us on time. The Account Holder must ensure that we have complete and accurate billing and contact information throughout the subscription period, including the full name of the Account Holder, its business address, and a billing contact email address.

If subscription fees become overdue we reserve the right to suspend your access to the Service until the balance is paid and we may close the Account Holder’s Crunch account permanently and disengage ourselves as Agents.

Suspension or termination

If you fail to abide by these Terms of Service, if we have reason to believe that you have provided us or HM Revenue & Customs with misleading information, in the event of your insolvency, bankruptcy or other arrangement being reached with creditors, or trading standards, if payment of the subscription fees is not paid on time, or we are unable to contact you we reserve the right to suspend or terminate your access to the Service.

Should we have no contact with you for a period of 6 months or more, we may issue to your last known address a disengagement letter and hence cease to act for you.

If we withdraw access to the Service no refund will be payable by us. One month’s notice will be given prior to the suspension of an account after which time if any issue has not been resolved within the following month we will take action to disengage ourselves as your Agent. We also reserve the right to close any Crunch account for any reason, by giving one month’s notice.

Suspension of your account could seriously jeopardise our and your ability to manage your company accounts and could lead to the missing of submission deadlines, including monthly RTI filing.

Crunch cannot be held liable for any fines incurred resulting from this, and all our obligations under these Terms of Service are suspended.

Cancellation

You can close the Account Holder’s Crunch account at any time by putting it in writing to support@crunch.co.uk.

If you are leaving immediately no further subscription fees will be billed and no refund will be made of any subscription fees already billed and paid.

If you require us to prepare your Company’s Year End accounts prior to leaving Crunch we will ask you to make up the cost for producing these accounts to the value of £420 + VAT (calculated as £35 + VAT portion of your monthly subscription), if the number of monthly payments made has not covered the full accounting period for which we are producing year end accounts. If you require us to also assist with closure of your company, or preparation for dormancy, additional fees will apply.

Cancellation will result in the closure of your Crunch account and our disengagement as your Agents. In such cases we will normally issue a disengagement letter to ensure our respective responsibilities are clear.

Any data you have in your Crunch account would need to be exported prior to closure.

Following the cancellation of your account, Crunch will have no further responsibility in relation to the preparation or filing of your Limited company accounts, RTI filings, or any other return. As a Director you will have continued responsibilities and are solely responsible for identifying another service or accountant to satisfy the need for the service that we provided.

Returning clients

If you are returning to us in the same accounting year in which you left we would normally re-enable your existing Crunch account and you would need to enter any missing data.

Alternatively, if you wished we would create a new Crunch account for you. This new Crunch account would hold no historical data and you would be required to enter any previous trading activities back to the start of the accounting year in which you were starting back with Crunch.

If you had been through an accounting year end since leaving Crunch we would create a new Crunch account for you.

A new set up fee will be charged when returning to the Service. This fee will be dependent on the closeness to your company’s year end and whether we are enabling the same Crunch account.

If we are enabling the same Crunch account we will ask you to make up any missing monthly subscription fees for the period you have not used Crunch.

In order for us to comply with the Money Laundering Regulations 2007, the Proceeds of Crime Act 2002, and the Terrorism Act 2000 we would be required to carry out another identity verification check before allowing use of the Service again.

The Software

Access

You will not be able to access and use the service without a username, password and memorable word. Once a Crunch account has been created you will be issued with a randomly generated password if you do not already have a Crunch account. This can be changed at any time.

License

You are granted a non-transferable, non-exclusive license to use the Service in accordance with these Terms of Service. If you choose to give another party access to your account you do so at your own risk and you shall remain primarily liable to Crunch for complying with these Terms of Service for the use of the Service.

Security

The Account Holder is ultimately responsible for administering and safeguarding any passwords and memorable words created to control access to its Crunch software: please keep any password issued to you secure. Crunch staff, do not have access to any Account Holder’s passwords or memorable words.

Read only access to your Crunch account is available to specific staff members but is strictly controlled by passwords and IP address restrictions. The use of this access is for assisting with the system, and offering support when necessary.

Crunch Accountants do not have editing access to your Crunch account without the Account Holder’s authentication and permission, save that our accountants will access your account to make necessary adjustments. This access would be sought in exceptional circumstances and would not involve you having to reveal any of your login details. Crunch accountants do have access to make adjustments in the back end ledgers of your account.

All transfer of Account Holder’s data between our servers and any external environment is encrypted. Please see our Privacy Policy for information in regard this.

Accountancy Reviews

If you request the provision of the paid for Accountancy Review service, accountants from Crunch Accounting Ltd will carry out a thorough appraisal of your company’s accounts. The review provides an opportunity for them to get to really know and understand your business better in order to provide tailored advice.
The review lasts 45 minutes and is conducted using a web based meeting room solution which can be accessed via a PC, pad or smartphone. Audio is via VOIP or telephone conferencing.
Once requested a review will be scheduled at the earliest 5 working days from date of payment to allow our accountants time to prepare. All reviews will be scheduled within office hours between 9am and 5.30pm.

Once scheduled we would require at least 3 working days notice in order to change the date and time of the review.

We ask you to ensure you login in plenty of time in preparation for the meeting. If joining the review late we make no guarantee we can provide the full 45 minutes review time.

You can cancel a review at any time by contacting your Account Manager on support@crunch.co.uk. No refund will be made of any fees already billed and paid.

Crunch Payroll

If you request the provision of the paid for Crunch Payroll service accountants from Crunch Accounting Ltd will prepare your payroll for each monthly payment period to meet UK employment tax requirements.

You are legally responsible for ensuring the data in your RTI payroll submissions are correct and complete, making any submissions by the due date and making payment of Tax & National Insurance Contributions (NIC) on time. Failure to do this may lead to automatic penalties, surcharges and/or interest from HMRC.

Employers cannot delegate this legal responsibility to others. You agree to check that submissions we have prepared for you are correct and complete.

Your first Full Payment Submission (FPS) must reach HMRC normally on, or before the payday for the first payroll run after you are required to make submissions under RTI. For all new employers RTI filing will only be able to commence these once your PAYE scheme has been formed and references are available from HMRC.

The Crunch payroll service allows for a monthly payroll run on the last Friday of the month, or last day of the month and we will provide your payroll information in your Crunch account by the Tuesday in the last full week of the month.

The service includes:

  • Salary calculations for up to 10 employees (inclusive of any Directors)
  • Production of monthly payslips
  • Presentation of monthly RTI PAYE payroll runs for online submission to HMRC
  • Employer PAYE payment summary
  • SSP, SMP and other statutory calculations of payments or deductions
  • General advice on PAYE, NI & tax coding for all employees
  • Leavers & Starters
  • Production of a P60 for you to pass to all employees
  • Preparation of P11D and forms P11Db for all employees for approval & online submission to HMRC.
  • Dealing with routine HMRC correspondence.
  • Agent for online PAYE with HMRC.

In order for us to comply with the Employer’s Guide to PAYE you are required to provide all necessary employee information in a timely way and keep us updated with on going amendments and changes. We will rely on the information and any documentation being true, correct and complete and will not audit the information.

You agree:

  • To notify us by 15th of each month in writing all transactions or events which may need to be reflected in the payroll for the period, including details of: all new employees (including full names, address, date of birth, national insurance number) and details of their remuneration packages, all leavers (including deaths of employees) and details of termination arrangements, all remuneration changes, all pension scheme changes or irregular and/or ad hoc payments.
  • To forward to us, on receipt any copies of all HM Revenue & Customs PAYE coding notices, letters and other communications received from HM Revenue & Customs to enable us to deal with them as may be necessary.
  • To agree with us the names of the persons authorised by you to notify us of changes in employees and in rates of pay. We will process the changes only if notified by that/those individuals.
  • Keep us informed of material changes in circumstances that could affect the payroll of the business. If you are unsure whether the change is material or not please let us know so that we can assess the significance or otherwise; and
  • To authorise us to approach such third parties as may be appropriate for information that we consider necessary to deal with your affairs.

If the information required to complete the payroll services set out above is received later than the dates specified above or agreed with us we will still endeavour to process the payroll and returns to meet the agreed payroll date but we will not be liable for any costs or other losses arising if the payroll is late or the RTI returns are filed late in these circumstances.

You will be responsible for completing the checks on a new employee’s eligibility to live and work in the UK in accordance with the Government’s Code of Practice “Preventing Illegal Working” and Section 8 of the Asylum and Immigration Act 1996.

There are differences between what would be deemed a subcontractor or employee and more guidance on this can be found in our Help centre or on the HMRC website.

IR35 – The Intermediaries legislation & status

HM Revenue & Customs introduced the ‘Intermediaries Legislation’; commonly known as IR35, in April 2000.

The legislation is intended to combat the abuse by an individual who would be treated as an employee were it not for the fact they provide their services via their own personal service company. Working in this manner enables an individual to make substantial Tax and National Insurance contributions savings.

During an investigation, if HMRC request sight of a contract and decide that it is ‘caught’ by IR35 they will calculate a deemed payment, treating a substantial part of income received as salary and demanding all tax and National Insurance contributions on payments originally paid out as dividends.

Therefore it is vital that you are fully aware of the legislation.

The interpretation of IR35 and the defining of status are reliant on case law – as such, the determining factors surrounding IR35 change over time and certain issues become more prominent following each significant case.

It is your responsibility to request an IR35 Assessment or Review and dependent on the level of service you selected this may be subject to an additional charge.

All IR35 Assessments and Reviews are carried out by our partner Qdos.

For the avoidance of doubt you are solely responsible for all tax liabilities, interest, penalties and the costs of defending your status regardless of the outcome of an assessment or review and or the subsequent status determined by a tribunal or other hearing.

The opinion given by Qdos is given from the background of many years of HMRC experience, however they are unable to guarantee a successful outcome to any HMRC challenge.

Unless we receive instructions from you to the contrary, or you request an assessment we will always treat you as outside IR35 and your Crunch account will reflect this status.

Where you have commenced an IR35 Assessment or Review and this states you are within IR35 you should be bound accordingly, unless your working arrangement and/or contract can be amended and that a further review states you are outside IR35.

If you are advised you are within IR35 it is your responsibility to advise us accordingly. You will then be required to take up the paid for Crunch Payroll service so that we prepare the appropriate ‘deemed payment’ calculations.

Money Laundering

To help us guard against financial crime we are obliged to comply with the Money Laundering Regulations 2007, the Proceeds of Crime Act 2002, and the Terrorism Act 2000. These require us to carry out identity verification checks before allowing use of the Service. We may request and retain from you such information and documentation as we require for these purposes and/or make searches of appropriate databases and to report, in accordance with the relevant legislation and regulations. Carrying out an identity verification check will place a soft footprint on your credit file however it will not affect your credit rating in any way.

If we cannot adequately confirm your identification in accordance with this legislation we reserve the right to refuse your use of the Service.

We have a duty under section 330 of the Proceeds of Crime Act 2002 to report to the Serious Organised Crime Agency (SOCA) if we know, or have reasonable cause to suspect, that you or anyone connected with your business are or have been involved in money laundering. Failure on our part to make a report where we have knowledge, or reasonable grounds for suspicion, would constitute a criminal offence.

The offence of money laundering is defined by Section 340(11) of the Proceeds of Crime Act and includes concealing, converting, using or possessing the benefits of any activity that constitutes a criminal offence in the UK. It also includes involvement in any arrangement that facilitates the acquisition, retention, use or control of such a benefit. This definition is very wide and would include such crimes as:-

  • deliberate tax evasion;
  • deliberate failure to inform the tax authorities of known underpayments or excessive repayments;
  • fraudulent claiming of benefits or grants; or
  • obtaining a contract through bribery.

Clearly this list is by no means exhaustive.

We are obliged by law to report any instances of money laundering to SOCA without your knowledge or consent. In fact, we may commit the criminal offence of “tipping off” under Section 333 of the Proceeds of Crime Act if we were to inform you that a report had been made. In consequence, neither the firm’s principals nor staff may enter into any correspondence or discussions with you regarding such matters.

We are not required to undertake work for the sole purpose of identifying suspicions of money laundering. We shall fulfil our obligations under the Proceeds of Crime Act 2002 in accordance with the guidance published by The Association of Taxation Technicians (ATT).

Crunch²

In order to receive Crunch² referrals any eligible referee must make the identity of their referrer known during the signup process (either through automated tracking on our website, manually entering a Crunch² Code during registration, or notifying an Advisor during signup). Once signup is complete and a client’s account is active a Crunch² referral code cannot be attributed to them, so a referral payout will not be possible.

Complaints

Crunch looks to provide the highest levels of customer service and the best accountancy advice at all times. We deeply regret any times where there is cause for complaint.

If you are unhappy with the service please contact your Account Manager in the first instance. If you are still not satisfied or would like to escalate your complaint please put it in writing to andrew.tyrrell@crunch.co.uk.

Further details of our complaints procedure can be found in the Help Centre in your Crunch account.

Cater Allen

Cater Allen provide a number of business bank accounts and whilst we can offer some assistance with understanding the different type of certain accounts the decision of which accounts are suitable for your purposes remains solely with you.

These bank accounts can be set up directly with Cater Allen or via an approved introducer appointed to them. Where requested by you we will act as introducer.

You acknowledge that we receive a daily commission of 0.25% on cleared balances, which is paid on a quarterly basis where we are appointed as Introducer. You hereby consent to such payments being retained by Crunch.

We do not provide advice in connection with the selection of Cater Allan compared with other banks and make no warranties concerning the service that is ultimately provided by them.

We specifically disclaim any responsibility or liability relating to your use of the suggested products and recommendations from Cater Allen and shall under no circumstances whatsoever, be liable for any special, incidental or consequential damages, which may arise from such use.

Cater Allen is used by a large proportion of our clients and as such Cater Allen allows a connection which provides an effortless, and most importantly, secure way of transferring your statement entries directly from the bank to your Crunch account, ready for reconciliation.

Please note that linking your Crunch account to your Cater Allen bank account will never give us, or any third party the ability to transact on that bank account. It will only enable access to transactional data / information which is required in order to upload your statements.

Disclaimer

IMPORTANT: This section restricts the extent to which we are liable for any losses, which may be suffered in connection with your use of the Service. It also may require the Account Holder to compensate us for any loss we suffer as a result of your failure to comply with these Terms of Service.

Availability

We will make reasonable endeavors at all times to ensure that the Service will be suitable for your intended use. We cannot guarantee that it will be error-free, timely, reliable, entirely secure, virus-free or available at all times since we are dependent on the reliability of the Internet and your use of your own computer to access the Service. We will try to keep any disruptions to a minimum but it may be necessary to suspend the Service from time to time to carry out maintenance and support work.

Lien

Insofar as we are permitted to, so by law or professional guidelines, we reserve the right to exercise a lien over all funds, documents and records in our possession relating to all engagements for you until all outstanding fees are paid in full.

Prohibited Use

Except as otherwise permitted under this Agreement, you shall not: a) remove or alter the conditions of use, any copyright notices and other identification disclaimers as they may appear on the website, or in any print format; b) provide by electronic means to any person other than an authorised user any content; c) alter or change any part of the content.

Ownership

The legal and beneficial interest in all copyrights, patents, trade marks, service marks, design rights (whether registered or unregistered), database rights, proprietary information rights and all other proprietary rights as may exist anywhere in the world together with applications associated with any such rights (“Intellectual Property Rights”) relating to the Service belong to us at all times. You obtain no ownership rights in the Service or any of the Intellectual Property Rights pursuant to or arising out of this Agreement. The Account Holder has sole responsibility for the provision of accurate and reliable data. The Account Holder retains ownership of any Intellectual Property Rights it has in your Data (such as rights in its logo, for example.) Intellectual Property Rights in your Data will not be transferred to us. We reserve the right to disclose your Data to law enforcement officials in the investigation of fraud or other alleged unlawful activities but otherwise we will only use your Data to provide the Service.

Exclusion of our liability

You use the Service entirely at your own risk. We do not restrict our liability (if any) for personal injury or death resulting from our negligence, for fraud committed by us or for any matter, which it would be illegal to limit or to attempt to restrict. We exclude all other liability and responsibility for any amount or kind of loss or damage arising in connection with the Service.

Limitation of our liability

Neither party shall be liable under this agreement to the other party for indirect, special, exemplary, punitive or consequential damages including without limitation loss of goodwill, whether arising from negligence, breach of contract or otherwise. Where we are not legally entitled to exclude our liability, our total liability for any loss or damage relating to the Service (or to our website generally) shall not exceed an amount equal to the subscription fees, which the Account Holder has paid to us in the previous month.

Liability to us

If you access the Service using a password created to control access to the Account Holder’s Crunch account, then the Account Holder shall be held liable for any reasonable costs and expenses incurred by us as a result of breach of these Terms of Service by you. Otherwise, you shall be held personally liable for any reasonable costs and expenses incurred by us as a result of breach of these Terms of Service by you.

Further provisions

These Terms of Service and our Privacy Statement describe the entire agreement between you and us regarding the Service, and supersede any prior understandings or agreements. We shall be entitled to assign or subcontract our rights and/or obligations under these Terms of Service to another party. As Account Holder you may not transfer any of your rights or obligations under these Terms of Service without our prior written consent. Failure at any time to enforce any of these terms and conditions or to require performance by the other party of any such term or condition shall not be construed as a waiver of such provision or affect the right of either party to enforce the same. If any provision is held to be invalid or unenforceable by any tribunal of competent jurisdiction, the remaining provisions shall not be affected and shall be carried out as closely as possible according to the original intent.

Data Protection

We confirm that we will comply with the provisions of the Data Protection Act 1998 when processing personal data about you and your company. In order to carry out the services of this engagement and for related purposes such as updating the enhancing our client records, analysis for management purposes and statutory returns, legal and regulatory compliance and crime prevention we may obtain, process, use and disclose personal data about you.

Electronic and Other Communication

We will communicate with you and with third parties via email or by other electronic means, unless another method is more appropriate. You will be responsible for virus checking emails and any attachments.

With electronic communication, there is a risk of non-receipt, delayed receipt, inadvertent misdirection or interception by third parties. We use virus-scanning software to reduce the risk of viruses and similar damaging items being transmitted through emails or electronic storage devices.

However, electronic communication is not totally secure and we cannot be held responsible for damage or loss caused by viruses nor for communications, which are corrupted or altered after despatch. Nor can we accept any liability for problems or accidental errors relating to this means of communication especially in relation to commercially sensitive material.

Any communication by us with you sent through the post system is deemed to arrive at your postal address two working days after the day that the document was sent.

Retention of and Access to Records

You have a legal responsibility to retain documents and records relevant to your tax affairs. During the course of our work, we may collect information from you and others relevant to your tax affairs. We will return any original documents to you, if requested. Documents and records relevant to your tax affairs are required by law to be retained by individuals and companies for 6 years from the end of the accounting period. Whilst certain documents may legally belong to you, we may destroy correspondence and other papers that we store, electronically or otherwise, which are more than 7 years old. You must inform us if you require the return or retention of any specific documents for a longer period.

Contracts (Rights of Third Parties) Act 1999

Persons who are not party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This clause does not affect any right or remedy of any person, which exists or is available otherwise than pursuant to that Act. The advice that we give to you is for your sole use and does not constitute advice to any third party to whom you may communicate it. We accept no responsibility to third parties for any aspect of our professional services or work that is made available to them.

Applicable Law

These Terms of Service are governed by and construed in accordance with English Law and the parties agree to submit to the exclusive jurisdiction of the Courts of England.

Definitions

“Account Holder” means a limited company, which has a Crunch account;

“Crunch account,” means a current subscription to the Service;

“Service” means the accountancy services provided including access to our Crunch software, account management support, & general accountancy advice provided by Crunch Accounting Ltd;

“Specialised Services” are services provided by Crunch Accounting Ltd, one of our affiliates, or by a third party;

“us” “we” and “our” refers to E-Crunch Limited, Unit 11, Hove Business Centre, Fonthill Rd, Hove BN3 6HA;

“you” means the Account Holder;

“your Data” means any data entered or uploaded by you while using the Service.

Just a few of our savvy clients

Brilliant, so simple, that’s why I need you! All done now.

Annemarie Beijl – MKMU Ltd

VAT Return submitted. Thanks for making things easy @TeamCrunch.

Faren Gambrill – Developer, Owned By Code Ltd

I just wanted a headache free solution, which is exactly what I found in Crunch. Starting up a limited company was done in
a day.

Alessandra Prati – Art direction

Old accountant would take up to a week to answer questions. @teamcrunch answered 2 sets of questions in under an hour.

James Pearson – Thinking In Code