Money IQ Ltd - Client Agreement
Money IQ Ltd incorporated in England and Wales under company registration number 3890781, whose registered office is at 15 Wendela Close, Woking, Surrey GU22 7JU ('the Consultancy'), will supply the Consultancy Services (as defined below) subject to the pro-visions set out below, to the Client applying for such services subject to acceptance proce-dures appropriate to the level of service.
Services to be supplied
The Consultancy provides general assistance with compiling tax returns for Clients who are sole traders and individuals, including self-employment and shall supply the following services to the Client, the level of service being the ‘Level of Services’ selected by Client, and which shall comprise as set out below and as specified in the Schedule:
Silver
General guidance and information but not specific advice regarding current HMRC prac-tices on taxation for individuals and sole traders – note this is not advice.
Gold
All comprised in Silver and also access to the Consultancy’s Money IQ App to enable the Client to compile and submit their annual Tax Return
Platinum
All comprised in the Silver and Gold services and in addition the Consultancy shall com-plete and submit the Client’s Tax Return, subject to having paid for at least 12 month’s membership. Clients must provide appropriate information as required by the Money Laundering Requirements
Date Services are to start
The date this agreement is entered into (‘the Commencement Date’) is when the Client clicks to receive the services and / or downloads the Consultancy’s App
Fee
Silver: £2 per year
Gold: £5 per month
Platinum: £20* per month**
(*where the Consultancy is requested to create partnership accounts this shall be subject to an additional charge of £5 per month)
(** where the Consultancy is to provide the Platinum service and requested to compile a Tax Return the Client shall have either paid the Platinum fee for a minimum of 12 months; and if not paid; then the Consultancy shall invoice the Client separately for the proportion of the Fee due for any of the 12-month period of Fee due – the Client acknowledging that the Fee for the preparation of the Client’s annual tax return under the Platinum Service being the Platinum fee of 12 x the prevailing monthly Platinum Fee)
All Fees are exclusive of VAT
Payment Period
Monthly in advance to the Consultancy’s bank account which shall be as advised; or via the Consultancy’s payment service provider as notified to the Client via the Website
When this Agreement can be terminated in relation to:
Silver – when the Client clicks unsubscribe
Gold – when the Client fails to make the monthly payment the Fee
Platinum – when the client fails to make the monthly payment of the Fee
 
Money IQ Ltd – Terms and Conditions
1. Definitions
In this Agreement, the following words shall have the following meanings:
'the Client'; - the person subscribing to the services
'the Commencement Date'; - the date the Client subscribes online or by other means to the services
‘the Consultancy’; - MoneyIQ Ltd
‘the Consultancy’s Website; - the website at www.moneyiq.co.uk
‘the Fee’; - the payment for the services as set out in the Schedule of Service Levels
‘the Payment Period’, - defined in the Client Agreement
'the Services', - set out in the Schedule of Service Levels
2. Services
2.1 Commencement of the Services shall commence when the Client clicks on line via the Consultancy’s Website and selects the Level of Service the Client wishes to re-ceive. The Consultancy shall as soon as reasonably practical provide the Client the level of on line access they are entitled to depending upon that selected Level of Service.
3. Performance of the Services
3.1 The Platinum Service shall be performed, subject to the timely availability of the rel-evant information and documentation needed and being provided by the Client to the Consultancy's staff and agents in order to compile the Tax Return for the Client and to the Level of Service selected.
3.2 The Consultancy shall use reasonable endeavours to complete the Services by any agreed deadline or meet such other dates as agreed by the Parties.
3.3 Time shall not be of the essence
3.3.1 for any times for when the Services are to be performed, whether given or agreed to by the Consultancy; or
3.3.2 for the length of time that any of the Consultancy Services are to take, whether specified or otherwise; or
3.3.3 for a completion date or such other date as agreed by the Parties.
3.4 In relation the Platinum Level of Service and subject to the Client’s prompt supply-ing of accurate and relevant documentation and information where prompted by the Consultancy, the Consultancy shall provide the Client with a draft Tax Return rea-sonably in advance of the Client’s deadline for submission to HMRC; the Client ac-knowledging that in respect of the Gold Level of Service that it is the responsibility of the Client to compile and submit the Tax Return to HMRC; and that in respect of the Platinum Level of Service the Consultancy shall not submit the Client’s Tax Re-turn to the HMRC until the Client has communicated their approval to the Consul-tancy.
4 Fee and payment
4.1 In consideration of the Services to be provided by the Consultancy to the Client, the Client shall pay the Fee as set out overleaf to the Consultancy and in accordance with the Payment Period set out overleaf.
4.2 All amounts stated are exclusive of VAT and/or any other applicable taxes or levy, which shall be charged in addition at the rate in force at the date any payment is re-quired from the Client.
4.3 If payment of the Fee is not received by any due date, the Consultancy shall be en-titled (without prejudice to any other right or remedy) to not provide any further Ser-vices.
5 The Client's obligations
5.1 The Client acknowledges and agrees that for the Consultancy to be able to provide the Services the Client shall:
5.1.1 co-operate with the Consultancy as the Consultancy reasonably requires
5.1.2 provide to the Consultancy such information and documentation as the Con-sultancy reasonably requires
5.2 The Consultancy may charge the Client for any additional reasonable costs and expenses incurred by the Consultancy caused by the Client's instructions, failure to provide instructions, or failure to comply with Clause 5.1.
5.2 The Consultancy may terminate this Agreement at any time where the Client fails to comply with clause 5.1.
6 Reporting requirements
6.1 As part of the Services with the Platinum Level of Service the Consultancy shall produce the Client’s on line tax return ('the Return').
6.2 The Consultancy shall supply one electronic copy of each completed annual Re-turn to the Client. For the duration of the period that the Client continues to pay the Fee the Client may request a copy of all annual Returns produced by the Consul-tancy.
7 Protection of confidential information
7.1 Each Party ('the Receiving Party') shall keep the confidential information of the oth-er Party ('the Supplying Party') confidential and secret, whether disclosed to or re-ceived by the Receiving Party. The Receiving Party shall only use the confidential information of the Supplying Party for the Purpose and for performing the Receiving Party's obligations under this agreement. The Receiving Party shall inform its offic-ers, employees and agents of the Receiving Party's obligations under the provisions of this Clause 7, and ensure that the Receiving Party's officers, employees and agents meet the obligations.
7.2 The obligations of Clause 7.1 shall not apply to any information which:
7.2.1 was known or in the possession of the Receiving Party before it was provid-ed to the Receiving Party by the Supplying Party;
7.2.2 is, or becomes, publicly available through no fault of the Receiving Party;
7.2.3 is provided to the Receiving Party without restriction or disclosure by a third party, who did not breach any confidentiality obligations by making such a disclosure;
7.2.4 was developed by the Receiving Party (or on its behalf) who had no direct access to, or use or knowledge of the confidential information supplied by the Sup-plying Party; or
7.2.5 is required to be disclosed by a court order of competent jurisdiction.
8 Warranties, liability and indemnities
8.1 The Consultancy warrants that it will use reasonable care and skill in performing the Consultancy Services to a standard which conforms to generally accepted in-dustry standards and practices.
8.2 If any part of the Consultancy Services is performed negligently or in breach of the provisions of this Agreement then, at the request of the Client (if the request is giv-en within 6 months of the Completion Date), the Consultancy will re-perform the relevant part of the Consultancy Services, always subject to Clauses 8.4 and 8.6 be-low.
8.3 Except in the case of death or personal injury caused by the Consultancy's negli-gence, the Consultancy's liability under or in connection with this Agreement whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever, shall not exceed the Fee paid to the Consultancy under this Agree-ment. The provisions of this Clause 8.3 shall not apply to Clause 8.5.
8.4 Neither Party shall be liable to the other Party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other Party of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, prof-its, business or goodwill. The provisions of this Clause 8.4 shall not apply to Clause 8.5.
8.5 The Client shall indemnify and hold harmless the Consultancy from and against all Claims and Losses arising from loss, damage, liability, injury to the Consultancy employees and third parties, infringement of third party intellectual property, or third party losses by reason of or arising out of any information supplied to the Client by the Consultancy, its employees or supplied to the Consultancy by the Client within or without the scope of this Agreement. 'Claims' shall mean all demands, claims, proceedings, penalties, fines and liability (whether criminal or civil, in contract, tort or otherwise); and 'Losses' shall mean all losses including without limitation finan-cial losses, damages, legal costs and other expenses of any nature whatsoever.
8.6 Each of the Parties acknowledges that, in entering into this Agreement, it does not do so in reliance on any representation, warranty or other provision except as ex-pressly provided in this Agreement, and any conditions, warranties or other terms implied by statute or common law are excluded from this Agreement to the fullest ex-tent permitted by law. Nothing in this Agreement excludes liability for fraud.
8.7 The Client acknowledges that the Consultancy does not provide an accountancy audit service or any accountancy advice as part of any Level of Services provided under this Agreement. As a consequence, the Consultancy and the limitations of its Services are limited by the accurate and timely supply of the information and docu-mentation that the Client is asked by the Consultancy to supply.
9 Termination
9.1 This Agreement shall commence on the Commencement Date as set out in Clause F overleaf.
9.2 The Client may terminate the agreement by clicking on line or via the Consultancy’s App to unsubscribe to the Services.
9.3 Either Party may terminate this Agreement if the Other Party is in breach of its obli-gations under this Agreement, and where a breach is capable of remedy within 30 days, the breach is not remedied within 30 days by the Other Party receiving notice which specifies the breach and requiring the breach to be remedied.
9.4 The Consultancy shall immediately terminate this Agreement if the Client fails to make payment of the Fee.
9.5 The Consultancy shall immediately terminate this Agreement at its sole discretion upon 1 month notice.
9.6 This Agreement shall immediately terminate if the Other Party becomes insolvent or if an order is made or a resolution is passed for the winding up of the Other Party (other than voluntarily for the purpose of solvent amalgamation or re-construction), or if an administrator, administrative receiver or receiver is appointed in respect of the whole or any part of the Other Party's assets or business, or if the Other Party makes any composition with its creditors or takes or suffers any similar or analogous action in consequence of debt.
9.7 After Termination and in the event that any Fee is due in connection with the Plati-num Service, any termination of the Agreement shall not affect any outstanding lia-bility the Client has to the Consultancy. Any outstanding liability shall remain due and shall attract interest at 4% above the base rate of interest of the Bank of Eng-land.
10 General
10.1 Force majeure
Neither Party shall have any liability under or be deemed to be in breach of this Agreement for any delays or failures in performance of this Agreement which result from circumstanc-es beyond the reasonable control of that Party. The Party affected by such circumstances shall promptly notify the other Party in writing when such circumstances cause a delay or failure in performance and when they cease to do so. If such circumstances continue for a continuous period of more than six months, either Party may terminate this Agreement by written notice to the other Party.
10.2 Amendments
This Agreement may only be amended in writing signed by duly authorised representa-tives of the Parties.
10.3 Assignment
Subject to the following sentence, neither Party may assign, delegate, sub-contract, mort-gage, charge or otherwise transfer any or all of its rights and obligations under this Agree-ment without the prior written agreement of the other Party. The Consultancy may, howev-er, assign and transfer all its rights and obligations under this agreement to any person to which it transfers all of its business, provided that the assignee undertakes in writing to the other Party to be bound by the obligations of the assignor under this Agreement.
10.4 Entire Agreement
This Agreement contains the whole agreement between the Parties and supersedes and replaces any prior written or oral agreements, representations or understandings between them. The parties confirm that they have not entered into this Agreement on the basis of any representation that is not expressly incorporated into this Agreement. Nothing in this Agreement excludes liability for fraud.
 
10.5 Waiver
No failure or delay by either Party in exercising any right, power or privilege under this Agreement shall impair the same or operate as a waiver of the same nor shall any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right, power or privilege. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights and remedies provided by law.
10.6 Agency, partnership etc.
This Agreement shall not constitute or imply any partnership, joint venture, agency, fiduci-ary relationship or other relationship between the Parties other than the contractual rela-tionship expressly provided for in this Agreement. Neither Party shall have, nor represent that it has, any authority to make any commitments on the other Party's behalf.
10.7 Severance
If any provision of this Agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this Agreement.
10.8 Interpretation
In this Agreement unless the context otherwise requires:
10.8.1 words importing any gender include every gender;
10.8.2 words importing the singular number include the plural number and vice ver-sa;
10.8.3 words importing persons include firms, companies and corporations and vice versa;
10.8.4 references to numbered clauses and schedules are references to the rele-vant clause in schedule to this Agreement;
10.8.5 reference in any schedule to this Agreement to numbered paragraphs relate to the numbered paragraphs of that schedule;
10.8.6 any obligation on any Party not to do or omit to do anything is to include an obligation not to allow that thing to be done or omitted to be done;
10.8.7 the headings to the clauses, schedules and paragraphs of this Agreement are not to affect the interpretation;
10.8.8 any reference to an enactment includes reference to that enactment as amended or replaced from time to time and to any subordinate legislation or byelaw made under that enactment;
10.8.9 where the word 'including' is used in this Agreement, it shall be understood as meaning 'including without limitation'.
11 Law and jurisdiction
11.1 The validity, construction and performance of this Agreement shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts to which the Parties submit.
11.2 Third parties
For the purposes of the Contracts (Rights of Third Parties) Act 1999 this Agreement is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
11.3 Right to amend this Agreement
The Consultancy reserves the ability to amend the terms and conditions of this Agreement and shall notify the Client of any changes in writing; such amendments shall be effective 1 calendar month after notice.
Schedule of Services levels
Silver
Access to the Silver library of guidance articles and videos as set out on the Website
Reminder Service – Important reminders throughout the year relating to HMRC deadlines on Self-assessment tax matters.
Gold
Silver package services plus:
Full use of the online MoneyIQ application to keep bookkeeping records. Use of the cur-rent version developed, updates provided automatically.
Access to the Gold library of guidance articles and videos as set out on the website
Platinum
Gold package services plus:
Access to the Platinum library of guidance articles and videos as set out on the Website
Completion of one individual tax return per year.
Partnership tax returns available subject to surcharge of £5 per month