Terms & Conditions

1. WHO WE ARE

1.1 We are Evelyn Partners LLP (“Evelyn Partners, “us”, “we”, “our”). Our company information is at the end of this document.

2. SCOPE OF THESE TERMS  

2.1 These terms and apply to our Service (explained below). Please read them carefully.

2.2 Where you communicate with us on behalf of a company / organisation, you promise that you have authority to act on its behalf.

3. SOME DEFINITIONS  

3.1 Here are some defined terms which are used in this document:

• “Consumer” - an individual purchasing the Service for their own use.
• “Content” - all information of whatever kind used on our Service (including Data).
• “Data” – transactions, bank statements, contract lists and other similar information that you upload to our Service.
• “Service” –our website, https://digitaltax.evelyn.com/and the digital tax return service available on it.
• “User” - persons or organisations using our Service (whether or not registered with us).

4. IMPORTANT WARNINGS – TAX RETURNS / ALERTS

4.1 While our Service generates automated information for suggested inclusion in your tax return based on Data you inputted, we do not guarantee that the information will be accurately reflected in the return or that the return is otherwise correct and we do not accept legal responsibility for it. It is your responsibility to carefully check your return and take professional advice if appropriate before submitting it via our Service.

4.2 To enable us to send alerts, you must ensure you give us correct contact information and immediately update us if it changes. In any case, you acknowledge the risk that for whatever reason alerts may not be correctly sent out by our Service or received by the intended recipient. It is your responsibility to separately diarise and comply with tax return filing deadlines and other important dates.

4.3 Connecting bank accounts and the provision of Account Information Services (“AIS”) is a regulated service which is provided by Apari Software Limited (“Apari”) on behalf of Moneyhub. Apari is an agent of Moneyhub. AIS is not provided by Evelyn Partners and Evelyn Partners will not have access to your bank information.

5. HOW YOU ENTER A LEGAL CONTRACT WITH US

5.1 Our website will prompt you to click to read and accept these terms before you are able to use our Service.  By using our Service you are deemed to have agreed to these terms.

5.3 By browsing any part of our Service that does not require registration/payment, you are also bound by these terms to the extent they are relevant.

6. CONSUMER RIGHT TO CANCEL (“COOLING OFF”)

6.1 If you are a Consumer, you have the right to cancel this contract subject to what we say below.

6.2 However, you lose the right to cancel where the supply of digital content began before the end of cancellation period with your specific agreement and you acknowledged that your right to cancel would be lost in such case.

6.3 If you do have the right to cancel, please see the instructions at the end of this document.

7. CHANGING THESE TERMS AND CONDITIONS

7.1 We may change these terms and conditions by giving you at least 15 days’ notice unless a more urgent change is needed to comply with laws or regulations or to deal with an unforeseen and imminent danger. We will notify you by email and/or by posting the new version on our website.

7.2 If you don’t agree to the new terms, you can email us (to the address below) to end this contract on the day before the new terms take effect. Otherwise, the new terms will apply.

8. YOUR RIGHT TO USE OUR SERVICE

8.1 We grant you a limited personal non-transferable right to use our Service on any applicable device owned or controlled by you subject to these terms and conditions.

9.THINGS YOU CAN AND CAN’T DO ON OUR SERVICE

9.1 You agree not to do any of the following in connection with the Service:

• break the law or infringe anyone else’s rights;

• provide us with or link to unlawful, infringing or otherwise inappropriate content;

• deceive or mislead anyone;

• provide any Content that includes someone else’s personal information unless that person is 18 years or over and you have obtained their written consent or you are their parent/guardian;

• use the Service with a view to competing with us or infringing our rights;

• disrupt our Service, e.g., via spam, viruses or phishing;

• interfere with or damage our Service or gain unauthorised access to any part of our system, data, passwords or otherwise;

• intercept or modify communications;

• impose an unreasonable load on our Service;

• deliberately exploit any bugs found within the Service;

• get around any security or other features including those designed to stop copying of Content; or

• attempt, encourage or assist any of the above.

9.2 You agree to:

• comply with any rules or requirements on our Service;

• promptly comply with any reasonable request or instruction by us in connection with the Service;

• ensure that any contact or other information which you supply to us is complete, accurate and not misleading; and
• tell us if there are any important changes in the information you have provided to us.

10. IF YOU PROVIDE CONTENT FOR USE ON OUR SERVICE

10.1 You are responsible for your Content.

10.2 You promise you have (and will keep) all rights needed to enable us to use your Content as contemplated by the Service and these terms.

10.3 We reserve the right without notice or refund to reject, suspend, alter, remove or delete Content or to disclose to the police or other relevant authorities or to a complainant any Content or behaviour, if it is the subject of complaint, or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal offence may have been committed, or where required by law or where requested by the police or other appropriate authorities. If so, you must not attempt to re-publish or re-send the relevant Content.

10.5 It is your responsibility to make your own regular downloads of Content to protect you in case of loss or damage to such material. We are not responsible for such loss or damage.

10.6 We may irretrievably delete your Content without telling you after 14 days following the end of this agreement or if you have a trial account that has been inactive for 60 days.  11. OUR GUIDANCE  

11. If we provide any guidance or other general information on or via our Service, we do not guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. The information is not intended as professional or other advice and is not tailored to your personal circumstances. You rely on such information at your own risk.  [If you need personalised tax advice, please contact : digitaltax@evelyn.com.

12. IF YOU CREATE AN ACCOUNT ON OUR SERVICE

12.1 Your account is non-transferable. You agree not to allow any other person to use your account except to grant access to authorised users in accordance with the functionality of our Service. You agree to take reasonable care to keep your login information confidential and to tell us immediately of any apparent breach of security such as loss or misuse of a password. You are responsible for authorised users or for other people who use your account or identity (unless and to the extent that we are at fault).

13. PAYING US

13.1 Except in relation to trial accounts, which may be made available free of charge for a limited period, the Service is only available to subscribers.  Subscriptions can be acquired at the prices, for the periods and by the payment methods specified on our Service. Payment is in advance.

13.2 The prices shown on our website include any applicable VAT unless we say otherwise.

13.3 You are legally committed to pay your subscription payment once we confirm your order.

13.4 If we have mis-priced any part of our Service, we are not obliged to supply the Service at that price provided we notify you. If we do notify you, then you can decide if you want to continue with the Service at the correct price.

13.5 Where stated on our Service when you subscribed, your subscription will continue to be auto-renewed for the same subscription period which you signed up to unless you end your subscription at least 14 days before the renewal date by following the instructions on our Service. Ending your subscription does not entitle you to a refund (unless Consumer cooling off rights apply). You authorise us and our payment provider to charge your payment card for the relevant amounts when payments are due in accordance with this agreement.

13.6 We may at any time change our subscription prices. The new rate takes effect if you apply for a new subscription after we post the new prices on our Service. For existing subscribers, we will give you notice by email at least one month before any price change takes effect. If you do not accept the new fee, you should end your subscription by following the instructions on our Service. Otherwise the next renewal of your subscription after the one month’s notice will be at the new price.

13.7 You must contact us immediately with full details if you dispute any payment.

14. ABOUT DISCOUNT CODES

14.1 We may offer discount codes from time to time. Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered and are not transferrable or redeemable for cash. Unless otherwise stated: codes (1) are only available for future new orders placed online; (2) cannot be used retrospectively; (3) can only be redeemed once per customer; and (4) expire after 12 months. You cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied is in our sole discretion.

14.2 We reserve the right to reject any discount code if we consider that it is being used in breach of these terms. Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.

15. SUPPORT  

15.1 The Service includes support only insofar as specifically provided for within the Service for which you subscribe and by the specified contact methods. Our support service is intended to address configuration and proper use of, or any errors or interruptions arising from, our Service. We do not provide tax or accountancy advice.

15.2 Unless otherwise stated, we cannot guarantee any particular response times or outcomes. Any response times given are English business hours/days unless we say otherwise.

15.3 In any event, we aren’t obliged to supply support in accordance with this clause if you owe us any money or have otherwise broken this contract.

15.4 Our support service in relation to any single tax year will end 9 months after the end of the relevant tax year (“the Support End Date”) even if your subscription is still running. If your subscription ends before the Support End Date, we will continue to provide support until that date provided your account remains open. In any case, our support service will stop when this contract ends.

16. ENDING OR SUSPENDING THIS CONTRACT  

16.1 You may at any time end this contract by emailing us to the email address shown below to request deletion of your account. (This doesn’t entitle you to a refund unless you have Consumer “cooling off” rights, explained below.)

16.2 If you have a trial account, we are entitled at any time and for any reason to end this Contract by giving you 30 days’ notice.

16.3 We are entitled to end this contract or suspend part or all of our Service or impose restrictions on our Service if:

• you become bankrupt or go into liquidation or similar or become insolvent;
• you breach these terms;
• any fees payable by you are unpaid / unjustifiably charged back;
• acting reasonably, we think that it is necessary to protect us or others;
• we are required to do so by applicable law or regulation or to comply with an order, instruction or request from a regulatory authority; or
• you or anyone on your behalf acts inappropriately towards our staff.

16.4 We are entitled at any time to end this contract if we terminate our Service as a whole.

16.5 If this contract ends:

• Your right to use our Service and all licences are terminated.
• We will delete your Data 14 days following the end of this agreement (or earlier if you ask us to). You are responsible for downloading your Content (in CSV or whichever alternative format we specify) before this date if you wish to preserve it.
• Existing rights and liabilities are unaffected.
• All clauses in this contract which are stated or intended to continue after termination will continue to apply.

17. RESTRICTIONS ON OUR LEGAL RESPONSIBILITY – VERY IMPORTANT

17.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited.

17.2 We shall not be liable for any loss or damage where:

• there is no breach of a legal duty owed to you by us;
• such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
• (and to the extent that) such loss or damage is your fault, for example by not complying with this agreement; or
• such loss or damage relates to a business of yours.

17.3 You will be responsible to us for any reasonably foreseeable loss or damage we suffer (including claims made by other people) resulting from your breach of this agreement or misuse of our Service.

17.4  If you were a subscriber in the 12 months before the acts or omissions complained of (“the Previous 12 Months”), our total, aggregate liability of any kind (including our own negligence) for any act or omissions or series of connected acts or omissions is limited to the total fees paid by you to us in connection with our Service during the Previous 12 Months.

17.5  In no event (including our own negligence) will we be liable for any:

• economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);

• loss of goodwill or reputation;

• special, indirect or consequential losses; or

• damage to or loss of data

(even if we have been advised of the possibility of such losses).

17.6  You shall indemnify us against all claims and liabilities directly or indirectly related to your use of the Service and/or breach of this agreement.

17.7 To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.

17.8 This agreement constitutes the entire agreement between us with respect to its subject matter and supersedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.

18. INTELLECTUAL PROPERTY RIGHTS (E.G. COPYRIGHT)

18.1 The intellectual property rights in all material used on or in connection with our Service are owned by us or by our partners or suppliers. For your personal use only, you may view such material on your device. You must not otherwise use such material including copying, publishing, selling or adapting it or taking extracts from it without our specific prior written consent. You must not misrepresent the ownership or source of such material, for example by changing or removing any legal notices or author attributions.

18.2 Just to be clear - you must not collect, scrape, harvest, frame or deep-link to any Content on our Service without our specific prior written consent.

18.3 You must not reverse-engineer or decompile any of our software in any way (except to the extent allowed by applicable law). You must not create or use a modified or derivative version of our software or distribute or sublicense our software to third parties. You must take reasonable steps to ensure that our software is not disclosed to any third party.

19. INTERRUPTIONS OR ERRORS

19.1 We do not guarantee that the Service will be uninterrupted or error-free. We are entitled, without notice and without liability (a) to suspend the Service for repair, maintenance, improvement or other technical reason and (b) to make changes to the Service.

19.2 You acknowledge that technology is not always secure and you accept the risks inherent in use of the Internet or other technology for the purpose of the Service.

20. MATTERS BEYOND OUR CONTROL

20.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control, including third party telecommunication failures and epidemics/pandemics.

21. TRANSFERRING THIS CONTRACT TO SOMEONE ELSE

21.1 We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.

22. YOUR PERSONAL INFORMATION – SEE OUR PRIVACY POLICY

22.1 You agree that we can deal with your own personal information in accordance with our Privacy Policy as found on our website, which may change from time to time. 23. ENGLISH LAW AND COURTS

23.1 This contract is under English law and any disputes will be decided only by the English courts.

24. GENERAL

24.1 We may send all notices under this agreement by email to the most recent email address you have given us. You can send notices to our email address shown below. Headings used in this agreement are for information and not binding. If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement will still apply. If either of us overlooks any breach of this agreement by the other, it can still be actioned later. A person who is not a party to this agreement can’t enforce it unless the agreement says otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement make any party as agent, employee or representative of the other.

25. COMPLAINTS

25.1 If you have any complaints, please contact us via the contact details shown below.

26. COMPANY INFORMATION

26.1 Company name: Evelyn Partners LLP

26.3 Country of incorporation: England and Wales.

26.4 Registered number: OC369631

26.5 Registered office: 45 Gresham Street, UK.

26.7 Contact email address: digitaltax@evelyn.com  

26.8 Other contact information: See our website / contact page.

26.9 VAT number: 918 5550 07

RIGHT TO CANCEL (“COOLING OFF”)   

The following applies if you have the right to cancel this contract (as explained above).

Right to cancel 

1. You have the right to cancel this contract within 14 days without giving any reason.
2. The cancellation period will expire after 14 days from the day of the conclusion of the contract.
3. To exercise the right to cancel, you must inform digitaltax@evelyn.com  of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail).
4. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation 

1. If you cancel this contract, we will reimburse to you all payments received from you.
2. The reimbursement will be made without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
3. The reimbursement will be made using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
4. If you requested us to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation of this contract in comparison with the full coverage of the contract.