Irish Company Formation Terms & Conditions

(These Terms & Conditions also apply for Northern Irish Company Formations)

Budget Company Formation (BCF) is the trading name of SCF Legal & Corporate Management Services Limited, a company registered in the England with certificate number: 05462416 and a registered office address at Imperial Wharf Development at 30C The Fountain Centre Building, Fulham, London SW6, England.

"the Questionnaire" means the document completed by the Instructing/Paying Party and submitted to SMB via it's website or otherwise to place an order for the purchase of the appropriate Irish or Northern Irish company package. "the Instructing/Paying Party" means the party whose details are provided on the Questionnaire.

"Portal Partner": The "Budget Company Formation" website is a portal site for company registration and for general business goods and/or services. The policy of " Budget Company Formation "is to invite carefully chosen portal partners to offer their goods and/or services to BCF clients normally at preferential rates, terms and conditions. However, BCF cannot take responsibility for the actions of its portal partners, the quality of their advice or the merchantability of their goods. However, where it has been shown that a client has a genuine grievance against a portal partner notification and details of the grievance may be forwarded to BCF's Customer Services Manager who will investigate all founded and reasonable complaints. If BCF adjudges the actions of a portal partner not to be in keeping with the high reputation of the portal site then, but totally at the discretion of BCF, a portal partner may be asked to resign from the site. Be it further noted, that the term "Portal Partner" does not, unless otherwise indicated, mean that BCF has any direct or indirect ownership of the portal partner firm/undertaking.

2. On the submission of the Questionnaire, the Instructing/Paying Party understands that a contractual relationship is being entered into subject to the terms and conditions herein outlined and also to the general terms and conditions of the BCF website and the laws of the Republic of Ireland. Accordingly, on the submission of the Questionnaire, BCF will supply the Instructing/Paying Party with the services requested and where ongoing for the first year of operation and from year to year thereafter strictly provided that BCF receives all relevant payment in advance (professional members with accounts may not be subject to this requirement) or, for ongoing services, where future payment has been authorized by direct debit/credit card payment. Be it noted, ownership of a company shall not pass to the Instructing/Paying Party until payment has been received in full. Further, be it noted that services with 12 or more months re-occurring payment periods will be auto-debited for the appropriate sums unless 3 months prior notification has been sent to BCF of the intention to cancel has been received at the BCF head office (Imperial Wharf Development at 30C The Fountain Centre Building, Fulham, London SW6, England) by registered mail.

3. Payment methods: Only accepted credit or debit cards are valid for the payment of any BCF service where there is any re-occuring payment save where there is a specific written or contractual exclusion - In particular, this appplies (but is not limited whatsoever) to the provision of registered office, secretarial, annual return, accountancy, virtual office, e-commerce, virtual terminal or any other such re-occuring payment service.

4. Where errors in the completion of any part of the Questionnaire completed and submitted via the BCF website, or otherwise, by the Instructing/Paying Party result in the production/delivery of incorrect or incomplete company documentation, including the submission to Companies House of incorrect information, BCF may not be held liable for any such error(s) or for any events arising directly or indirectly from such error(s); the correction/amendment of the latter being the sole responsibility of the Instructing/Paying Party. Where, as a result of such errors, significant changes are required, there may be additional fees where BCF staff are required to make any amendments, supervise the change thereof, alter the BCF database or carry out any other such work.

5. The Instructing/Paying Party guarantees that the information completed on the Questionnaire and submitted to BCF is accurate and correct to the best of his/her knowledge and belief. Further, it is the duty of the Instructing/Paying Party by submitting the details of a company's officers to ensure that such officers have agreed to their submitted appointments and further that they are aware of their obligations under law on the acceptance of such office. It should be noted that provisions exist in the Companies Acts 1963-2005 and under the Companies Ordinance 1986, which make it an offence to submit incorrect and or unauthorized information relating to the directors, secretary or shareholders of a company to either Dublin or Belfast.

6. BCF Business Club: On the purchase of a company from BCF, the Instructing/Paying Party will automatically, unless otherwise instructed, become a member of the exclusive BCF Business Club. Membership allows the Instructing/Paying Party to gain access to the BCF Business Club section of the website by the use of a provided access code where information on company structure, the filing of a company's annual return and other pertinent information may be viewed at any time and changes submitted. Membership also enables the Instructing/Paying Party to avail of special offers, discounts and other limited edition offers that will be exclusive to BCF Business Club members. It should be noted that at no time will any information contained in the submitted Questionnaire or subsequently provided, including email addresses, be passed to any non-portal partner third party for market research or any other purposes. Further, email co-ordinates provided will only be used by BCF or its portal partners to inform an Instructing/Paying Party of pertinent on-going services and or topics of interest to a person in business. Where information has been passed to a portal partner BCF always requests that such information is used only for internal purposes. However, BCF is not responsible in any shape or form for the actions of a portal partner.

7. At no time can BCF be held liable for any and or all delays or errors created/caused by Companies Registration Office (CRO) or DETTI in Northern Ireland, including any and or all communications and/or computer malfunctions, errors by Companies House staff or otherwise caused by or affecting Companies House.

8. BCF guarantees that, unless otherwise notified, it's own and ready made companies have not traded prior to the date of purchase and that any listed officers and/or subscribers, or their equivalent, that are resigned on the date of purchase have only been employed to satisfy the initial registration requirements.

9. Where an order has been placed with BCF via the submission of the Questionnaire, NO reimbursements can be made save and totally at the discretion of BCF and then only where notification has been received within 24 hours of the initial purchase. Ninety (90) days notice [in writing] must be provided if any given service is not required in the following year.

10. Whilst it is BCF's policy to maintain consistent fees and services, unforeseeable changes in market conditions, legislation, government duties and/or other factors demand that BCF expressly reserves the right to amend its fees and/or services without prior notification.

11. BCF takes no responsibility for loss or damage arising from the use of email/facsimile as a means of communication, including failed or incomplete transmission and or any other communication errors.

12. Method of instructions:

(a) BCF will only accept instructions from the person clearly detailed as the Instructing/Paying Party on page 1 of the Questionnaire. This shall be the address to which all matters of correspondence shall be addressed unless otherwise instructed either in writing, signed by the Instructing/Paying Party and addressed to BCF at Imperial Wharf Development at 30C The Fountain Centre Building, Fulham, London SW6, England.. Any request to make an amendment to the details provided on the Instructing/Paying Party must be made either in writing, signed by the Instructing/Paying Party and addressed to BCF at Imperial Wharf Development at 30C The Fountain Centre Building, Fulham, London SW6, England.

(b) Where at the instruction of the Instructing/Paying Party an own name company is incorporated using BCF employees as listed officers, and subsequent to the incorporation of the company a request for instruction is made by BCF to the Instructing/Paying Party and sent to the correspondence address as provided in the Questionnaire and no instructions are received within 30 days, BCF expressly reserves the right to dissolve the company. Where any such action is required to be taken NO liability shall attach to BCF.

13. Confidentiality/Privacy: For security purposes, any and or all information submitted to BCF via it's website will be protected using encryption software and held confidentially at all times. Subject to legal obligations, at no time will any information contained in the submitted Questionnaire or subsequently, including email addresses, be passed to any third party for market research, marketing or any other purposes. Information held on BCF files may only be released to third parties in accordance with an order of the Courts of Ireland or, by other similarly legally empowered bodies or where SMB is advised by it's legal advisers that it is required or advisable to make such disclosure.

14. Legal advice: Whilst BCF endeavors to provide true and correct information on all its services, it is not providing legal or accountancy advice. Information contained in this site is for guidance purposes only. Before proceeding it may be advisable that independent advice is sought from appropriately qualified persons familiar with each individuals personal circumstances. Further, at no time may BCF be held liable for advice provided by any and or all it's portal partners.
No responsibility for loss occasioned directly or indirectly to any person acting or refraining from acting wholly or partially upon or as a result of the material contained in this site or for any error in or omission from this publication can be accepted by the publisher or any author, editor, contributor or any company referred to herein.

15. Right to refuse services: BCF specifically reserves the right to refuse any and/or all its services to any client without giving any reason or explanation.

16. Right to amend terms & conditions: BCF expressly reserves the right to modify these terms and conditions at any time by making such modifications on this page of it's website to take into account changing circumstances. If services are ordered from BCF in the future, the Instructing/Paying Party is advised to revisit the Terms & Conditions pages of the website to familiarize themselves with any amendments that may have been made.

17. Disputes: In the case of a dispute, it is agreed that redress should be sought through the courts of England and Wales. It should be noted that it is the policy of BCF to always attempt to resolve disputes without court action by use of arbitration, tribunal, or other appropriate mediation process.

19. Refunds will be given at the discretion of the Company Management.

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