Terms of Service

These terms ("the Terms") govern our agreement with you in relation to all Crunch services that you subscribe to and that we agree to supply to you from time to time ("the Services") subject to any additional terms that may be set out in the service descriptions of any Crunch Packaged Services and Add-Ons (as defined in these Terms) as they apply to you. These Terms may be updated from time to time and any changes will be binding on you. You agree to review these Terms regularly and we are entitled to treat your continued access to or use of the Services as confirmation that you agree to the changes.


Full legalese
Plain English

1. Introduction

1.1 We are E-Crunch Ltd ("Crunch", "us", "we" and "our"). E-Crunch Ltd is a company registered in England and Wales under company number 06014477 and its business and registered address is Telecom House, 125-135 Preston Road, Brighton, East Sussex BN1 6AF.

1.2 These Terms of Service ("Terms") apply to you, our client ("Client", "you", "yourself" and "your"), when you use any of the Services (whether on the basis of a trial or by paid monthly, one off or annual subscription) featured on our website www.crunch.co.uk or www.app.crunch.co.uk ("the Sites") or and, to the fullest extent applicable, to any services which you are introduced to via the Sites, which are provided by affiliated third parties.

1.3 Definitions. In these Terms, the following definitions apply:

  • Add-Ons:

    Any and all of the other value added services (as detailed in the individual Service Descriptions)

  • Affiliate Services:

    Services offered by affiliated third parties, including: insurance broking; investment and pension advice; and mortgage broking via applications developed independently by the respective affiliated third parties in collaboration with Crunch. Such services may be purchased on the basis of separate contracts with the affiliated third parties who are introduced by Crunch.

  • Business Day:

    A day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.

  • Charges:

    The charges payable by clients for the supply of the Services and, where applicable, the Crunch Packaged Services and Add-Ons (which are payable in addition) in accordance with clause 7.

  • Commencement Date:

    Has the meaning set out in clause 2.2.

  • Contract:

    The contract between Crunch and the Client for the supply of the Services in accordance with these Terms.

  • Crunch Account:

    Means a current subscription to the Services providing access to the Crunch Software for delivery of the Services and enabling subscription to all Services.

  • Crunch Packaged Services:

    Crunch Plus, Crunch Premium (as detailed in the individual Service Descriptions featured on the Site and as summarised in clause 3), other than the Crunch Basic Service accessed via your Crunch Software. Such Crunch Packaged Services and Add-ons may be purchased on the basis of an additional subscription or one off payment governed by these Terms and the Special Terms.

  • Crunch Software:

    Means the Crunch proprietary software developed and/or licensed by Crunch to provide the functionality for the Services for Clients with a Crunch Account.

  • Crunch Basic Service:

    The basic accountancy service provided by Crunch as more particularly described in clause 3, including access to the Crunch Software, support and general accountancy guidance in relation to the same.

  • Group Company:

    Means, in relation to Crunch only, any corporate entity, which is either a parent or subsidiary undertaking as defined in section 1162 of the Companies Act 2006.

  • Intellectual Property Rights:

    Patents, rights to inventions, copyright and related rights, trademarks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use and protect the confidentiality of confidential information (including know-how) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the World.

  • Service Descriptions:

    The individual service descriptions for the Crunch Packaged Services and Add-Ons and the Affiliate Services as featured on the Site or emailed from time to time. Such Service Descriptions may contain additional contractual terms ("Special Terms") to govern use which shall be binding on you.

  • Services:

    Any and all of the Crunch Basic Service and the Crunch Packaged Services.

  • Special Terms:

    Means any specific terms applicable to the Crunch Packaged Services and Add-Ons, or the Affiliate Services, which are effectively incorporated into the Contract and shall be binding on the Client by express reference in the relevant Service Descriptions. In the event of a conflict between these Special Terms and the Terms, the Terms shall prevail.

  • Terms:

    These Terms as amended from time to time.

  • Written Notice:

    Shall comprise all written communication between Crunch and its Clients, that is delivered between the parties by (i) personal delivery, (ii) a nationally-recognised, next-day courier service, (iii) first-class registered or recorded mail with postage prepaid, (iv) fax, or (v) electronic mail. The communication will be delivered either to Crunch's registered address or to the Client's address as recorded by Crunch.

1.4 Construction. In these Terms, the following rules apply:

  • 1.4.1 A Person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

  • 1.4.2 A reference to a party includes its personal representatives, successors or permitted assigns.

  • 1.4.3 A reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.

  • 1.4.4 Any phrase introduced by the terms including, include, in particular, such as or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

  • 1.4.5 A reference to writing or written includes faxes, emails and communication generated by Crunch’s systems applications.

To become a Crunch client you must agree to these Terms of Service. They set out the legal agreement between you (the Client) and us (Crunch). These Terms are updated from time to time and by continuing to use the Service you agree to these changes.

Show legalese

2. Formation of Contract

2.1 Your application for a Crunch Account constitutes an offer by you to purchase the Services in accordance with these terms.

2.2 Your application shall only be deemed to be accepted when we issue written acceptance of the application by way of a Welcome email containing login details, at which point and on which date the Contract shall come into existence (Commencement Date). By applying for a Crunch Account to be created, you warrant that you are authorised to enter into this contract.

2.3 We reserve the right, at our discretion, not to accept an application for a Crunch Account. The reasons may include but not be limited to: technical constraints; you or your business having been banned by us from using the Services; or our inability to confirm adequately your identity; or for any other reason. No charge will be made for declined applications.

2.4 The acceptance of your application is based on the trading activity and organisational structure described by you when first signing up to the Services. If your trading activities or organisational structure change, the Services may not be right for you and we may not be able to continue to provide the Services to your business. In this instance we would reserve the right to issue a disengagement letter and cease to act for you.

2.5 The Private Limited Company Services cater for companies with up to a maximum of:

  • Four (4) Directors;
  • Four (4) Shareholders; and
  • Ten (10) employees (inclusive of Directors).

Private limited companies with Directors and/or Shareholders who live outside of the UK must satisfy particular requirements as a condition of being accepted as clients.

2.6 If you have already been trading as a private limited company and previously used an agent to look after your company’s accounting activities, we will contact that agent to obtain professional clearance and your historical data, which we are required to do immediately upon you entering into the Contract with Crunch.

2.7 These Terms apply to the Contract to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

Before you register we will perform identity checks and make sure your business is appropriate for Crunch. If we are unable to verify your identity or your business is, or becomes, unsuitable, you may not be able to become a Crunch client.

If you are moving from another accountant we will need to contact them to get professional clearance and to arrange for the transfer of your records and you consent to us doing so.

Show legalese

3. The Services

Crunch shall supply the Services to you in accordance with these Terms in all material respects.

3.1 Crunch shall have the right to make any changes to the Services which are necessary to comply with any applicable law, or which do not materially affect the nature or quality for the Services, and we shall notify you in any such event.

3.2 Crunch warrants to you that the Services will be provided using reasonable care and skill.

3.3 In providing general accountancy services, as part of the Services, we delegate certain tasks or subcontract part or all of the contractual performance to: Crunch Accounting Ltd; or, at our sole discretion, another Group Company; or to suitably qualified third parties. In all cases and at all times, Crunch shall retain responsibility to you for the performance of the Services.

3.4 Accountancy for Limited Companies

Crunch provides three packaged services: Basic, Plus and Premium for the accounting years in which you are subscribed to the services.

  • 3.4.1 Accountancy for Limited Companies

    Services

    1. The Basic Package includes the following:

      • Access to Crunch accounting software and mobile app.

      • Private Limited Company Year End Accounts

        • Preparing your company's year-end accounts.

        • Preparing your annual abbreviated accounts, in accordance with relevant regulations (FRS 105 – The Financial Reporting Standard applicable to the Micro-Entities Regime), for your approval and online submission to Companies House.

      • Corporation Tax

        • Completing a CT600 and tax computation based upon the annual accounts.

        • Presenting the CT600 for your approval and online submission to HMRC.

        • Dealing with routine HMRC correspondence. Please note that this does not include an HMRC enquiry, full (which checks the tax return as a whole), or aspect (which checks information on one or more specific points).

      • Paying Yourself and Your Fellow Directors

        • Registering your PAYE Scheme, in circumstances where this has not been done, or for new Private Limited Companies.

        • Calculating salaries based on drawings up to the annual National Insurance primary threshold for all directors.

        • Producing Directors' pay-slips.

        • Creating monthly Real Time Information ("RTI") payroll runs for online submission to HMRC.

        • Providing general advice on PAYE, NI and tax coding for all directors.

        • Calculating Statutory Sick Pay ("SSP"), Statutory Maternity Pay ("SMP"), Statutory Paternity Pay ("SPP") and other statutory payments or deductions.

        • Preparing your annual PAYE Final Payment Submission ("FPS") for approval and online submission to HMRC.

        • Producing a P60 for all directors.

        • Preparing forms P11D and P11Db for all directors and relevant employees for approval and online submission to HMRC.

        • Dealing with routine HMRC Corporation Tax correspondence (please note that this does not include handling an HMRC enquiry, full or aspect).

      • Dividends

        • Producing dividend vouchers and related company minutes.

      • VAT

        • Completing cash accounting VAT calculations (standard and flat rate VAT schemes only).

        • Calculating quarterly VAT returns, for VAT-registered companies.

        • Presenting returns for your approval and online submission to HMRC.

        • Notifying HMRC of any changes to your VAT registration.

        • Dealing with routine HMRC VAT correspondence (please note that this does not include handling an HMRC enquiry, full or aspect).

        • Acting as Agent for online VAT filing with HMRC, but not for VAT inspections.

      • Companies House

        • Processing required changes to officer and company information.

        • Providing use of the Crunch registered office address as your company’s registered office address.

        • Preparing and submitting your company's Annual Confirmation Statement. Please note that filing fees may be payable depending on which Packaged Service you are subscribed to. Any fees due are payable when the Statement is filed.

        • Preparing and submitting the Persons with Significant Control Register for new Private Limited Companies and processing required changes for existing Private Limited Companies.

    2. The Plus Package includes:

      The Basic Package (see i above), and in addition:

      • Enhanced service levels
      • One Accountancy health-check per year
      • In-app chat
      • Unlimited use of Receipt scanning app
      • Confirmation statement filing
      • Service office address and forwarding
      • Self Assessment filing for up to two directors per year
      • Two References per year
      • One standard IR35 review
      • Payroll for up to 10 employees
      • Business Protect Insurance
      • Mortgage service cashback

      Please refer to the Plus Package Service Description and Special Terms for further details on this service.

    3. The Premium Package includes:

      The Plus Package (see ii above), and in addition:

      • Dedicated accountant
      • Enhanced Service levels
      • Two Accountancy health-checks per year
      • Bookkeeping
      • Self Assessment filing up to four directors per year
      • Two standard or one enhanced IR35 Review per year
      • Discount on insurance packages
      • Pension auto-enrolment set up
      • Mortgage service cashback

      Please refer to the Premium Package Service Description and Special Terms for further details on this service.

  • 3.4.2 Add on Services

    Add on Services supplied by Crunch are listed below. Where payment is required these Services are paid for separately, if not included within package subscription.

    Joining Crunch

    • Pre-Crunch Service
      Preparation of financial statements for a company for period(s) prior to Crunch's appointment as its accountant.

    During subscription

    • Accounting & Tax Health-check
      Appraisal of a company's accounts and tax status.

    • Bookkeeping
      Preparation and maintenance of books of account for companies and sole traders as a standalone service.

    • Employment Related Securities return (ERS return)
      Advice on, preparation and submission to HMRC of an ERS Return where shares are acquired as a result of employment by the company issuing the shares.

    • IR35 (Basic, Enhanced and Express)
      Comprehensive review of contract wordings for contractors and preparation of assessment regarding compliance with IR35 legislation.

    • Payroll (Regular and CIS)
      Provision of payroll services to companies with up to 10 employees (inclusive of directors).

    • Pension Auto-Enrolment
      Auto-enrolment of employees into your company's pension scheme.

    • References (Lettings)
      Provision of accountants' reference in order to secure rented premises.

    • References (Mortgage)
      Provision of accountants' reference in order to secure a mortgage.

    • References (Other)
      Provision of accountants' reference for any other reason.

    • References (Visa)
      Provision of accountants' reference in order to secure a visa.

    • Self-Assessment (Ltd Directors)
      Preparation of Self-Assessment Income Tax and Capital gains Return for company directors and submit to HMRC.

    Integrations

    • Snap App
      Automatic Processing of expense receipts into your Crunch Software.

    • TripCatcher
      Registration of car mileage expenses, which are then posted to your Crunch software.

    • Harvest
      Allows you to track your billable time and creates invoices in your Crunch software.

    Bank Feeds

    • Barclays
      An automated feed of transactions from your Barclays Bank account into your Crunch software.

    • Cater Allen
      An automated feed of transactions from your Cater Allen Bank account into your Crunch software.

    • Metro Bank
      An automated feed of transactions from your Metro Bank account into your Crunch software.

    Non trading

    • Dormancy Service
      Preparation of financial statements for a company during a period of dormancy/non-trading.

    • Closing Service
      Closing of schemes and references with HMRC such as PAYE and VAT, preparing final closing company accounts and dissolution with Companies House.

Sometimes we will introduce features, change existing features, or have to change our service to comply with the law (e.g. altering tax rates). We will always tell you about changes.

Crunch provides 3 packages - Basic, Plus and Premium.

The Crunch Basic package includes the following:

  • Access to our online accounting software
  • Preparation and filing of year end Accounts
  • Preparation and filing of Corporation Tax returns
  • PAYE scheme formation and RTI payroll filings
  • Production of dividend vouchers
  • VAT registration (if applicable) and returns
  • Use of Crunch as registered office address
  • Preparation and filing of Annual Confirmation Statement
  • Assistance with penalty appeals (unless penalties result from inaction on your part)

The Crunch Plus package includes the above plus:

  • Quicker response times
  • One Accountancy health-check per year
  • In-app chat
  • Unlimited use of Receipt scanning app (Snap)
  • Virtual office address (provided by Hoxton Mix)
  • Filing Self-Assessment Returns for up to two directors per year
  • Two References per year
  • One standard IR35 review
  • Payroll for up to 10 employees
  • Business Protect Insurance
  • Mortgage service cashback

The Crunch Premium package inclusive everything in the Basic and Plus packages and:

  • Dedicated accountant
  • An extra Accountancy health-check (total two per year)
  • Bookkeeping
  • Filing Self-Assessment Returns for an additional two directors (total four per year)
  • Either two standard or one enhanced IR35 Review per year
  • Discount on insurance packages
  • Pension auto-enrolment set up

For more information on Crunch Plus or Crunch Premium please see the additional Service Descriptions and Special Terms for these packages.

We can also provide add-on services - more details and charges are available on request. Charges may apply, if not included within your package.

  • Pre-Crunch accounts - preparing your accounts for the period before you join us
  • Accountancy & Tax health-check
  • Bookkeeping
  • Filing ERS Return to HMRC
  • IR35 Review
  • Payroll - for up to 10 employees including Directors
  • Pension Auto Enrolment
  • References - for Mortgages, Lettings, Visas etc
  • Self-Assessment Returns for Directors (and Shareholders too)
  • Snap - to capture your expense receipts
  • TripCapture - for your mileage expenses
  • Harvest - to track your billable time
  • Bankbolt - an automatic bank feed from your bank account (available for Barclays, Metro Bank and Cater Allen business bank account holders)
  • Dormancy service
  • Closing service

We may subcontract basic tasks to third parties.

Show legalese

4. Accountancy Advice

4.1 Your Crunch Account allows for the provision of general accountancy advice only and this is restricted to the private limited company which subscribes to Crunch. For specific matters relating to issues, such as IR35 and VAT compliance, broad advice will be offered and additional services recommended. Crunch recommends that you seek specialised advice on specific matters either by expanding your Crunch Account to include additional services or by seeking advice from an alternative source.

4.2 Crunch Accounting Ltd is a firm of Chartered Certified Accountants and, in providing advice, observes the bye-laws, regulations and ethical guidelines of the Association of Chartered Certified Accountants (ACCA). We are not authorised by the Financial Conduct Authority (FCA) to provide advice on investments. If you require investment advice, we will refer you to a firm authorised by the FCA.

4.3 For the avoidance of doubt, it is our policy to confirm, in writing, advice upon which you may wish to rely. This means that if you wish to rely upon advice which may, initially, be given to you verbally no decision should be taken on the matter until you have requested, received and considered specific advice from us in writing.

We can only provide advice for the limited company registered for our services. We can provide advice on plenty of subjects, but sometimes we will refer you to a third party to make sure you get the best support.

We observe the by-laws, regulations and ethical guidelines of the Association of Chartered Certified Accountants (ACCA).

Show legalese

5. Client's Obligations

5.1 You shall:

  • 5.1.1 Co-operate with Crunch in all matters relating to the Services including complying with any and all reasonable instructions provided by Crunch in relation to the same;

  • 5.1.2 Provide Crunch with such information and documentation as Crunch may reasonably require in order to supply the Services, and ensuring that this is accurate in all material respects;

  • 5.1.3 Ensure that Crunch has complete and accurate information and keep your Crunch Software up to date at all times throughout the subscription period, including any changes to the company structure, trading activity, business address and personal contact details;

  • 5.1.4 Keep your Crunch Software updated with all trading transactions, including, but not limited to: entering all invoices and expenses; recording all withdrawals and payments; reconciling your Crunch Software to your relevant bank and credit card statements on a regular basis; filing your VAT returns (if you are registered); and filing RTI submissions through your Crunch Software, when required;

  • 5.1.5 Advise us accordingly, if it is confirmed that your business activities are within the scope of IR35. If this is the case, you will then be required to take up the paid for Crunch Payroll service so that we can prepare the appropriate "deemed payment" calculations. It is your responsibility to request an IR35 Review, Enhanced IR35 Review, or IR35 Express Enhanced Review if you consider these to be required and, dependent on the level of service you selected, additional charges may apply. Unless we receive instructions from you to the contrary, or you request a review, we will always treat you as outside IR35 and your Crunch Software will reflect this status;

  • 5.1.6 Ensure that the Services are not abused or used for any immoral or illegal purpose or in any way that would bring Crunch into disrepute;

  • 5.1.7 Open at least one pound sterling business account, with a UK-based bank, through which your company can process business transactions;

  • 5.1.8 Ensure that your Crunch Software is fully updated and reconciled at least 16 weeks before the financial accounts filing deadline, which is the end of the sixth month after the relevant year end;

  • 5.1.9 Ensure that the data in your RTI payroll submissions are correct and that the submissions are made on time. Failure to do this may lead to automatic penalties, surcharges and/or interest charged by HMRC. Employers cannot delegate this legal responsibility to others;

  • 5.1.10 Ensure that you meet filing deadlines for your Annual Confirmation Statement (including your Persons with Significant Control Register). You will be notified of these filing deadlines in advance by email, or via messages in your Crunch Software. We cannot be held responsible for any late filing fees or penalties caused once notification has been sent;

  • 5.1.11 Ensure that you have a currently active Crunch Account in order to file any company returns, this includes PAYE Full Payment Submission ("FPS"), which requires 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 filings;

  • 5.1.12 Remain solely and fully responsible for any breach of your obligations under these Terms and the consequences of any such breach, expressly acknowledging that Crunch has no responsibility to you or to any third party for such breaches or the consequences of such breaches and that you shall indemnify Crunch in relation to the same in accordance with clause 14.8; and

  • 5.1.13 Notify Crunch of an intention to cancel your Crunch Account at least 30 days before the next related direct debit payment is due to be processed.

5.2 You shall not:

  • 5.2.1 Give any illegal or improper bribe, kickback, payment, gift, or thing of value to any Crunch employees or agents in connection with the Services;

  • 5.2.2 Use any feature of the Services in any way that might infringe the rights or privacy of other users of the Services (either by hacking or other malicious means or otherwise);

  • 5.2.3 Impersonate any person or entity, or falsely state or otherwise make available content that contains software viruses or any other computer code, files or programmes that could interrupt, destroy or limit the functionality of the Crunch Software, hardware or telecommunications equipment of Crunch, its users or affiliates; or

  • 5.2.4 Reproduce, copy, sell, trade or resell all or any part of the Services for any purpose.

5.3 If Crunch's performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Client or failure by the Client to perform any relevant obligation ("Client Default"):

  • 5.3.1 Crunch shall, without limiting its other rights or remedies, have the right to suspend performance of the Services until the Client remedies the Client Default, and to rely on the Client Default to relieve it from the performance of any of its obligations to the extent the Client Default prevents or delays Crunch’s performance of any of its obligations;

  • 5.3.2 Crunch shall not be liable for any costs or losses sustained or incurred by the Client arising directly or indirectly from Crunch’s failure or delay to perform any of its obligations as set out in this clause 5.3; and

  • 5.3.3 The client shall reimburse Crunch on written demand for any costs or losses sustained or incurred by Crunch arising directly or indirectly from the Client Default.

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

5.5 If you have accounts from previous years that have not yet been finalised, we will not have opening balances from these periods. Consequently, your Crunch Software will not truly and accurately reflect your current financial status until we have this information.

5.6 If you start to use the Services midway through your current trading period you will be required to enter any trading activities already undertaken into your Crunch Software.

5.7 Crunch will start providing its services for the financial year in which the Commencement Date falls. Any previous year's accounts must be completed and filed by your previous agent, if you have one, or arrangements can be made separately to perform these activities with Crunch.

5.8 If your previous year's accounts have not been filed, and opening balances are not entered into the Crunch Software by the time your first year end Accounts are due to be filed by Crunch, they will not be able to be filed. Any fines or penalties resulting from this will not be the responsibility of Crunch.

5.9 Company directors are wholly responsible for the registration, completion and filing of their own annual Self-Assessment Tax returns. Crunch can assist with this and offers a separate, paid for Personal Tax service for tax registration and for the completion and filing of returns – see clause 3.5.5.

5.10 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. Individuals who are self-employed must retain their tax records for at least 5 years after the 31 January submission deadline of the relevant tax year. Private Limited Companies must keep records for at least 6 years from the end of the last company financial year to which they relate. 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.

5.11 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 IR35 Review, Enhanced IR35 Review or Express Enhanced IR35 Review and/or the subsequent status determined by a tribunal or other hearing.

A good relationship between us and you is key to making sure you get the best service possible. As a Crunch client you agree to:

  • Work with us in providing the services and listen to our requests
  • Provide us with all the information we need
  • Make sure we are always notified of changes to your company, including address and director and shareholder changes
  • Keep your accounts and regulatory filings up to date through our online accounting software
  • Advise us if you are inside IR35
  • Open a business bank account for your company
  • Ensure that your accounting records are fully up to date and reconciled in your Crunch account at least 16 weeks before the annual filing deadline date
  • If you wish to cancel your subscription to Crunch, notify us at least one month before your next payment is due

You must not:

  • Use our services for anything illegal
  • Try to hack or compromise our services
  • Do anything to disrupt services for other clients
  • Copy or resell any part of our service
  • Give anything of value to our employees in connection with our services

If you prevent us from delivering our service (through inaction or wrongful action):

  • We may cancel your subscription
  • You will be liable for any losses

Ultimately you, as the director of your company, are responsible for its administration and the accuracy and completeness of the data you give us. We will assist you as best we can, but we are a service provider and not responsible for tax liabilities, interest, penalties or other costs or losses.

Show legalese

6. Access, Security and Data Protection

6.1 You will not be able to use the Crunch Software and use the Services without a username, password and memorable word.

6.2 You are ultimately responsible for administering and safeguarding any passwords and memorable words created to control access to and your use of your Crunch Software. Please keep any password issued to you secure. If you choose to give another party access to your Crunch Software, you do so at your own risk and you shall remain liable to Crunch for complying with these Terms for the use of the Crunch Software and the Services and you shall indemnify Crunch in relation to any loss, damage or claim that may be suffered, incurred or brought as a result.

6.3 Crunch staff do not have access to any Client passwords or memorable words. Read only access to your Crunch Software is available to specific staff members but is strictly controlled by passwords and IP address restrictions. The use of this access is for assisting you with your Crunch Software and for offering other support, as necessary.

6.4 Crunch do not have editing access to your Crunch accounting records without your authentication and permission, save that accountants will access your Crunch accounting records to make necessary adjustments. Additionally, Crunch staff will have full access to your Crunch accounting records, with your authority, to undertake the Bookkeeping Service. This access would be sought in exceptional circumstances and would not involve you having to reveal any of your login details.

6.5 Each party acts as a Controller for the purposes of the General Data Protection Regulation (Regulation (EU) 2016/679)) and shall comply with all data protection legislation applicable to it ("Data Protection Law") when processing personal data in connection with the Services. Each party undertakes not to knowingly cause the other to breach Data Protection Law. In particular, you shall ensure that any disclosure of Personal Data to us complies with Data Protection Law.

6.6 Our Privacy Policy explains how we process personal information received by us about you (if you are an individual) or your employees (if you are a company) in order to provide the Services and meet our own legal and regulatory obligations. In agreeing to these Terms, you acknowledge that you have read our Privacy Policy, as may be updated from time to time. You can always find the most up to date version of our Privacy Policy on our website.

To use Crunch you must log in with a username, password, and memorable word. We do not have access to passwords and memorable words. Account security is your responsibility, so keep this information safe!

In cases where we need to access your account, we are able to do so securely and we will ask your permission, except that accountants may access your accounting records to make necessary adjustments.

All correspondence from HMRC and Companies House is scanned and securely disposed.

All transfers of your data between users and our systems is encrypted and processed in accordance with the General Data Protection Regulation (Regulation (EU) 2016/679).

Show legalese

7. Charges and Payment

7.1 Your subscription – Charges and Payment Terms: Subscription Charges for use of the Services are payable monthly, or annually in advance. The subscription rates are posted on our website and we may vary these from time to time. Prices on our website are quoted in UK £ 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 Clients agree to set up a direct debit in favour of Crunch for payment of monthly subscription fees.

7.2 Additional Charges are payable and Add-Ons which fall outside of the scope of the Services and the amounts payable shall be posted on our website from time to time. The current rate shall be notified to the Client in advance of subscribing to the Add-Ons. If you require a specific additional service, please ask your Client Manager for details.

7.3 The Client shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). Crunch may at any time, without limiting its other rights or remedies, set-off any amount owing to it by the Client against any amount payable by Crunch to the Client.

7.4 All amounts payable by the Client under the Contract are exclusive of amounts in respect of VAT chargeable for the time being. Where any taxable supply for VAT purposes is made under the Contract by Crunch to the Client, the Client shall, on receipt of a valid VAT invoice from Crunch, pay to Crunch such additional amounts in respect of VAT as are chargeable on the supply of the Services at the same time as payment is due for the supply of the Services.

7.5 A set-up fee will be charged when signing up for the Services. This fee will be dependent on whether you require us to form a limited company or you already have a limited company. The proximity of the sign-up to an existing company’s year-end will be another dependency.

7.6 The Services rely upon the continuous payment of monthly subscriptions. We are unable to provide breaks in subscription fees due to: non-trading; you taking up permanent employment; or other disruptions to your business.

7.7 If an annual payment is made for the Services please note that we cannot offer a pro-rated refund if you choose to cancel your Crunch Account before the end of the year for which you have paid.

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

7.9 We shall be under no obligation to provide the Services if any subscription fee is not paid to us on time. If subscription fees become overdue we reserve the right to suspend your access to the Services until the balance is paid and we may close your Crunch Account permanently.

7.10 The Client must ensure that we have complete and accurate billing and contact information throughout the subscription period, including the full name of the Client, its business address and a billing contact email address.

7.11 If the Client fails to make any payment due to Crunch under the Contract by the due date for payment, then the Client shall pay interest on the overdue amount at the rate prescribed by the Late Payment of Commercial Debts (Interest) Act 1998 and subsequent amendments. Currently, this is a rate of 8 per cent per annum above the Bank of England's base rate from time-to-time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Client shall pay the interest together with the overdue amount.

7.12 Insofar as we are permitted to do 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.

7.13 We reserve the right to increase our Charges on an annual basis in April each year in line with the percentage in the Retail Price Index (RPI) in the preceding 12 months.

You must pay your subscription by Direct Debit. We reserve the right to increase our Charges on an annual basis in April each year in line with the percentage in the Retail Price Index (RPI) in the preceding 12 months.

You will always be notified of the cost in advance for add-on services which are not included in your monthly subscription.

A set up fee is charged when you first become a client. This will vary depending on your circumstances.

All our quoted prices exclude VAT.

If you stop paying our fees, we may stop delivering our service, and may charge you interest on any overdue amounts. We will always try to work with you to remedy the situation before taking any action.

Show legalese

8. Returning Clients

8.1 If you are re-engaging Crunch in the same accounting year in which you left the Service, we would normally re-enable your previous Crunch account and software and you would need to enter any missing data. If you do not wish this to happen you should contact us and request a new version of the Crunch Software. This new version of the Crunch Software 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 re-engaged Crunch.

8.2 If you had been through an accounting year-end since leaving Crunch we must create a new version of the Crunch Software for you.

8.3 A new set up fee will be charged when returning to the Services. This fee will be calculated by reference to your business’s year-end and whether we are enabling the same Crunch Software.

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

8.5 In order for us to comply with the Money Laundering Regulations 2007, the Proceeds of Crime Act 2002, the Terrorism Act 2000 and the Criminal Finances Act 2017 we are required to carry out another identity verification check before allowing you use of the Services again.

If you leave our services and return in the same year we will normally re-activate your account. If you have finished your accounting year we will open a new account for you.

We will need to re-verify your identity before re-engaging you as a client.

Show legalese

9. Client Referral Scheme

9.1 In order to participate in the Crunch Refer a Friend Scheme, any eligible referee must make the identity of their referrer known during the sign-up process (either through automated tracking on our website, manually entering the Client Referral Code during registration, or by notifying an Adviser during sign-up). Once sign-up is complete and a Client's account is active, the referral code cannot be attributed to them, so a referral pay-out will not be possible. Otherwise, referral pay-outs will commence after the referee's Crunch Account has been enabled for a period of, at least, one month.

You are able to earn rewards for referring new clients to us. We can only process referrals if we are made aware of the referral during the referred client's registration.

Show legalese

10. Partner Services

10.1 Crunch has a range of partners that can provide services to you.

10.2 Banks

  • 10.2.1 Barclays Bank, Metro Bank and Cater Allen Bank each offer Clients a number of business bank accounts and, whilst we can provide some assistance with understanding the different type of certain accounts, the decision of which accounts are suitable for your purposes remains solely with you. We do not provide advice in connection with the selection of these banks compared with other banks and make no warranties concerning the service that is ultimately provided by them.

  • 10.2.2 These business bank accounts can be set up directly with the banks or via approved introducers appointed to them. Where requested by you we will act as such an introducer.

  • 10.2.3 You acknowledge that we may receive commissions from the banks where we are appointed as an introducer. Current rates are as follows:

    1. Barclays Bank – No commission is received.

    2. Metro Bank - 0.20% on cleared balances, which is paid by Metro Bank (not the account holder) on a quarterly basis where we are appointed as introducer. You hereby consent to such payments being retained by Crunch.

    3. Cater Allen Bank – No commission is received.

  • 10.2.4 We specifically disclaim any responsibility or liability relating to: your use of the suggested bank products; and your acceptance of any recommendations from these banks and shall under no circumstances whatsoever be liable for any special, incidental or consequential damages, which may arise from such use.

  • 10.2.5 These banks facilitate connections which provide a secure way of transferring your statement entries directly from the bank to your Crunch Software ready for reconciliation.

  • 10.2.6 Please note that linking your Crunch Software to your accounts with these banks 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 bank statements.

10.3 Crunch Mortgages

  • 10.3.1 Crunch Mortgages is a trading style of E-Crunch Ltd which, in this context, is acting as an appointed representative of Seico Insurance & Mortgages Limited (SIML). SIML is authorised and regulated by the FCA for the conduct of mortgage broking business under reference number 300024.

  • 10.3.2 Crunch Mortgages offers a mortgage broking service to freelancers, contractors and other self-employed workers. Subscription to the service is accessible through Crunch’s website, www.crunch.co.uk. The service is available to Clients and non-Clients and is provided by SIML. Crunch provides no mortgage broking services itself and acts solely as an introducer to SIML. Although mortgage broking is a regulated activity, Crunch has no regulatory responsibilities under this arrangement.

  • 10.3.3 In return for acting as an appointed representative of SIML, Crunch receives a fee arising from any referrals to it by us (via the Crunch website). This remuneration is at the rate of 25% of the commission/fees received by SIML from mortgage lenders and of any other related commissions/fees received.

10.4 Crunch Insurance Services

  • 10.4.1 Crunch Insurance Services is a trading style of E-Crunch Ltd which is acting as an appointed representative of Kingsbridge Risk Solutions Limited (Kingsbridge). Kingsbridge is authorised and regulated by the FCA for Insurance Mediation (the conduct of insurance broking business) under reference number 309149.

  • 10.4.2 Crunch Insurance Services offers an insurance broking service to freelancers, contractors and other self-employed workers. Subscription to the service is accessible through Crunch's website, www.crunch.co.uk. The service is available to Clients and non-Clients and is provided by Kingsbridge. Crunch provides no insurance broking services itself and acts solely as an introducer to Kingsbridge. Although insurance broking is a regulated activity, Crunch has no regulatory responsibilities under this arrangement.

  • 10.4.3 In return for acting as an appointed representative of Kingsbridge, Crunch receives commission from Kingsbridge. This commission equates to 15% of the total premium paid by Clients and non-Clients. If renewed, a commission rate of 10% of the total premium will apply.

10.5 Crunch Investments & Pensions

  • 10.5.1 Crunch Investments & Pensions is a trading style of Flying Colours Finance Ltd (FCFL). E-Crunch Ltd is a commercial partner of FCFL and also acts as an appointed representative of FCFL in this context. FCFL is authorised and regulated by the FCA for advising on investments and pensions under reference number 672022.

  • 10.5.2 Crunch Investments & Pensions offers investment and pensions advisory services to freelancers, contractors and other self-employed workers. Subscription to the services is accessible through Crunch’s website, www.crunch.co.uk. The services are available to Clients and non-Clients and are provided by FCFL. Crunch provides no investments and pensions advisory services itself and acts solely as an introducer to FCFL. Although the provision of investment and pensions advisory services is a regulated activity, Crunch has no regulatory responsibilities under this arrangement.

  • 10.5.3 In return for acting as an appointed representative and commercial partner of FCFL, Crunch receives a 50% share of the net profit generated by Crunch Investments & Pensions business.

10.6 Crunch Collections

  • 10.6.1 Crunch Collections is a trading style of Safe Collections Limited (SCL).

  • 10.6.2 Crunch Collections provides debt collection services to freelancers, contractors and other self-employed workers. Subscription to the services is accessible through Crunch’s website, www.crunch.co.uk. The services are available to Clients and non-Clients and are provided by SCL. Crunch acts solely as an introducer to SCL.

  • 10.6.3 Acting as an introducer to SCL, Crunch receives fees totalling up to 20% of the amount charged to and paid by Crunch Clients to SCL.

10.7 Members Voluntary Liquidation (MVL)

  • 10.7.1 The MVL service is provided by Johnston Carmichael, a specialist firm of Chartered Accountants and Business Advisers.

  • 10.7.2 MVL cases referred by Crunch to Johnston Carmichael are processed in accordance with the requirements of all applicable legislative, regulatory and professional practice provisions. Johnston Carmichael appoints fully qualified and regulated Insolvency Practitioners to process these MVL cases.

  • 10.7.3 Fees for processing MVL cases are negotiated by Crunch with Johnston Carmichael. For each case Crunch receives a fee of £750.

The following services are provided by third parties. With your permission, Crunch will refer you to them and we may receive commission if you take up their service.

  • Banks - Barclays, Metro Bank and Cater Allen all can offer Business Bank Accounts
  • Crunch Mortgages - a mortgage brokerage service offered by Seico Insurance & Mortgages Limited
  • Crunch Insurance - insurance for contractors and freelancers provided by Kingsbridge Risk Solutions Limited
  • Crunch Investments & Pensions - investments and pensions advice offered by Flying Colours Finance Limited
  • Crunch Collections - debt collection services offered by Safe Collections Limited
  • MVL - Insolvency Practitioner for company liquidation. Service is offered by Johnston Carmichael LLP
Show legalese

11. Intellectual Property Rights and Crunch Software Licence

11.1 The Client acknowledges and agrees that all Intellectual Property Rights existing or arising in any materials, know-how, specifications, inventions, processes, software, applications, data or information supplied by Crunch under or in connection with the Services shall at all times belong to and remain vested in Crunch or its licensors and, save as expressly provided hereunder, no proprietary rights or any other rights whatsoever are assigned, granted or shall otherwise pass to the Client. For the avoidance of doubt, Crunch boxed graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Crunch in the UK and/or other countries. They may not be used in connection with any other product or service that is likely to cause confusion.

11.2 In accessing your Crunch Software and the Services, you are entitled to use the Crunch Software for as long as you are subscribed to the Services. You recognise and agree that your right to access the Services is strictly on the basis of a restricted, non-exclusive, personal, non-transferable, revocable licence for the duration of your paid up subscription only.

11.3 The Client acknowledges that, in respect of any third party Intellectual Property Rights (which may be a feature of any Crunch Package Services and Add-Ons or otherwise), the Client's use of any such Intellectual Property Rights is conditional on Crunch obtaining a written licence from the relevant licensor on such terms as will entitle Crunch to license such rights to the Client. Further, you acknowledge and understand that all information (including data files, emails, computer software, advertisements, sponsored content and others), which you may have access to when using third party services, are the sole responsibility of the entity from which such content originated.

11.4 You shall not:

  • 11.4.1 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; or

  • 11.4.2 Provide any content by electronic means to any person other than an authorised user ; or

  • 11.4.3 Alter or change any part of the content.

Intellectual property includes copyright (e.g. our software and website) and trademarks (our name and logo). While using our service you have access to our intellectual property and that of our partners – nothing in this agreement affects their ownership.

You may not use this intellectual property in any way which would infringe the owner's rights.

Show legalese

12. Confidentiality

12.1 A party (receiving party) shall keep in strict confidence all technical or commercial know-how, specifications, investigations, processes or initiatives which are of a confidential nature and have been disclosed to the receiving party by the other party (disclosing party), its employees, agents or subcontractors, and any other confidential information concerning the disclosing party's business, its products and services which the receiving party may obtain. The receiving party shall only disclose such confidential information to those of its employees, agents and subcontractors who need to know it for the purpose of discharging the receiving party's obligations under the Contract, and shall ensure that such employees, agents and subcontractors comply with the obligations set out in this clause as though they were a party to the Contract. The receiving party may also disclose such of the disclosing party's confidential information as is required to the disclosed by law, any governmental or regulatory authority or by a court of competent jurisdiction. This clause 12 shall survive termination of the Contract.

You may sometimes receive confidential information from us while we look after your accounts. You agree not to disclose this information to anyone else, unless it is needed to help us deliver our services.

Show legalese

13. Anti-Money Laundering and Other Regulations

13.1 Crunch is obliged to comply with the Money Laundering Regulations 2007, the Proceeds of Crime Act 2002 and the Terrorism Act 2000. Crunch Accounting Ltd also observes the bye-laws, regulations and ethical guidelines of the ACCA with respect to anti-money laundering regulations. This compliance requires us to carry out identity verification checks before allowing use of the Services. 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.

13.2 If we cannot adequately confirm your identity in accordance with the Regulations described in 13.1, we reserve the right to refuse your use of the Services.

13.3 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. We are obliged by law to undertake this reporting to SOCA, but are under no obligation to make you aware of this reporting. In fact, we may commit the criminal offence of "tipping off" under Section 333 of the Proceeds of Crime Act 2002 if we were to inform you that a report had been made. In consequence, neither Crunch's principals nor staff may enter into any correspondence or discussions with you regarding such matters.

13.4 The act of money laundering is defined in Sections 327, 328, 329 and 340(11) of the Proceeds of Crime Act 2002 and includes:

  • 13.4.1 Concealing, disguising, converting, transferring or removing criminal property;

  • 13.4.2 Arranging the acquisition, retention, use or control of criminal property by or on behalf of another person; and

  • 13.4.3 Acquiring, using and possessing criminal property.

13.5 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 by complying with the bye-laws, regulations and ethical guidelines of the ACCA in this respect.

13.6 Crunch complies with the Criminal Finances Act 2017 and operates adequate procedures and controls aimed at preventing its staff, clients and other affiliates from facilitating tax evasion.

13.7 Crunch complies with the Bribery Act 2010 and operates adequate procedures and controls aimed at preventing bribery in its business dealings.

We will perform identity checks before registering you for our services - this is to comply with the Money Laundering Regulations 2007, the Proceeds of Crime Act 2002, and the Terrorism Act 2000.

If we cannot confirm your identity you may not be able to register for our services.

We must report any suspected money laundering, and may not inform you if we do so (this is known as "tipping off").

Show legalese

YOUR ATTENTION IS PARTICULARLY DRAWN TO CLAUSE 14

14. Warranties and Limitation of Liability and Indemnity:

14.1 The Client warrants that it has all requisite power and authority to execute, deliver and perform its obligations in accordance with these Terms and that it shall comply with all applicable laws and regulations of any competent authority as they apply to the Services.

14.2 We will use reasonable endeavours to ensure that the Services are suitable for your intended use but we do not warrant that the Services will meet your requirements or that they 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 Services. We will try to keep any disruptions to a minimum but it may be necessary to suspend the Services from time to time to carry out maintenance and support work.

14.3 The Services are provided on an "as is" basis. Save as expressly set out in these Terms, all warranties, representations, undertakings or terms whether express or implied, statutory or otherwise, including in particular any implied warranty of satisfactory quality or fitness for any particular purpose or use are excluded to the fullest extent permitted by law.

14.4 Nothing in these Terms shall limit or exclude Crunch's liability for:

  • 14.4.1 Death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; or

  • 14.4.2 Fraud or fraudulent misrepresentation.

14.5 Subject to clause 14.4, Crunch shall under no circumstances whatsoever be liable to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss of use or correction of software, data or information, loss of goodwill, any regulatory fines (total or incremental) arising from circumstances occurring prior to appointment, or any indirect or consequential loss arising under or in connection with the Contract.

14.6 Subject to clause 14.4, Crunch's total aggregate liability to the Client in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the total sum of the Charges paid by the Client for the Services in the 12 month period preceding the date when the claim or claims arose.

14.7 The Client agrees that all the limitations and exclusions of liability in favour of Crunch have been drawn to its attention and are reasonable in the circumstances under which the Services are to be performed. In the event that a court of competent authority does not agree that the provisions of clause 17.4 shall apply and in any event, subject to clauses 14.5 and 14.6 and this clause, Crunch's total liability shall not exceed the limits of the professional indemnity insurance that it maintains from time to time.

14.8 INDEMNITY: The Client hereby undertakes and agrees to indemnify Crunch and keep it fully indemnified for and against any and all costs, losses, damages, expense and/or liabilities (including, without limitation, any legal fees and expenses) which may be suffered or incurred by Crunch arising out of or in connection with (i) any breach of the Client's undertakings or obligations set out in these Terms, and/or (ii) the Client's negligence, fraud or misconduct.

14.9 This clause 14 shall survive termination of the Contract.

This part is important.

We confirm that we can meet our obligations under these Terms of Service.

You confirm that you can meet your obligations under these Terms of Service.

As with any online business, access to our services may be disrupted by problems on our end, your end, or somewhere in between. We will always ensure any disruption is kept to a minimum.

You are responsible for the good running of your business, and we are not responsible for any losses (financial or otherwise) you suffer during the normal course of business.

You promise to ensure that we suffer no loss as a result of your breach of this agreement, or as a result of negligence, fraud or misconduct.

Show legalese

15. Termination

15.1 The Client shall be deemed to have terminated the Contract if:

  • 15.1.1 The Client does not elect to subscribe to the Services at the end of any trial period: and/or

  • 15.1.2 The Client cancels their subscription to the Services or fails to pay Crunch for a subsequent renewal when due.

15.2 Crunch may terminate the Contract at any time by giving the Client not less than one (1) month's Written Notice or with immediate effect, at Crunch's sole discretion, should any of the events described in clause 15.6 occur. The Client may terminate the Contract at any time by giving Crunch not less than one (1) month's prior Written Notice.

15.3 Without prejudice to its other rights and remedies, either party may, by Written Notice to the other, terminate the Contract with immediate effect if the other party:

  • 15.3.1 Subject to clause 15.4, commits a material breach of the Contract and shall, in the case of any remediable breach, fail to remedy the same within 14 business days of receipt of a written notice from the non-breaching party requiring such remedy; and/or

  • 15.3.2 Is unable to pay its debts (within the meaning of Section 123 of the Insolvency Act 1986) or otherwise becomes insolvent or an order is made or a resolution passed for the administration, winding-up or dissolution of the other party (other than for the purposes of a solvent amalgamation or reconstruction) or an administrative or other receiver, manager, liquidator, administrator, trustee or similar officer is appointed over all or any substantial part of the other party's assets or the other party enters into or proposes any composition or arrangement with its creditors generally or anything analogous to the foregoing occurs in any applicable jurisdiction or if it ceases to trade or threatens to cease trade.

15.4 For the avoidance of doubt, failure by the Client to pay any Charges due to Crunch in full in cleared funds by the due date shall constitute a material breach of the Contract (see clause 15.6). Failure by the Client to pay the Charges to Crunch in cleared funds by the due date on more than two occasions shall entitle Crunch to terminate the Contract immediately on giving Written Notice to the Client.

15.5 Without limiting its other rights or remedies, Crunch may suspend provision of the Services under the Contract or any other contract between the Client and Crunch if the Client becomes subject to any of the events listed in clause 15.3.2 or Crunch reasonably believes that the Client is about to become subject to any of them.

15.6 The events referred to in clause 15.2 above, which shall entitle Crunch to terminate the Contract with immediate effect by written notice (which may be given by email) include, without limitation:

  • 15.6.1 Non-Payment – where your Crunch Account has been suspended and you have not paid us within one month or where your direct debit has failed more than once in a financial year;

  • 15.6.2 Abusive Behaviour and discrimination – use of racist, abusive, homophobic or sexist language or any other threatening or inappropriate conduct directed at our staff or third parties;

  • 15.6.3 Incompatibility – where it becomes apparent that the Client's business is incompatible with the Crunch Basic Service due to, by way of non-exhaustive examples, the:

    1. abnormal size of the company;

    2. number of transactions per month;

    3. operation of non-pound sterling bank accounts;

    4. inclusion of non-ordinary shares in the company's capital;

    5. existence of stock and/or work-in-progress assets;

    6. engagement in factoring transactions; and

    7. existence of investments in subsidiaries and/or other affiliated companies.

  • 15.6.4 Excessive Use – where, in Crunch's opinion only; the level of support required to maintain you is excessive by any objective measure of comparison with other users whether by reason of the volume of transactions or the number of service support requests; or where you are unwilling or unable, despite previous training and support, to use the Crunch Software and the Services properly or efficiently;

  • 15.6.5 Insufficient Use – where, in Crunch's opinion only; you fail to update your Crunch Software on a sufficiently frequent basis;

  • 15.6.6 Non-Communication – where there has been no answer by you to phone calls or other communications for an extended period of time and no instructions have been given in relation to dormancy or closure;

  • 15.6.7 Late-filing – where you consistently fail to file your accounts on time and/or fail to cooperate with us in our attempts to assist you to do so; or

  • 15.6.8 Failure to make payments – where you repeatedly and deliberately fail to make tax payments that we have prescribed.

15.7 Consequences of Termination

  • 15.7.1 On termination of the Contract for any reason:

    1. The Client shall immediately pay to Crunch all of Crunch's outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, Crunch shall submit an invoice, which shall be payable by the Client immediately on receipt;

    2. The accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall be unaffected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; and

    3. Clauses which expressly or by implication survive termination shall continue in full force and effect.

  • 15.7.2 Termination will result in the closure of your Crunch Account and disengagement as your Agents. In such cases we will issue a disengagement letter to ensure our respective responsibilities are clear.

  • 15.7.3 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.

  • 15.7.4 If you require the preparation of 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 12 times your monthly subscription + VAT) 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 or dormancy, additional fees will apply.

  • 15.7.5 Any data you have in your Crunch Software would need to be exported prior to closure.

  • 15.7.6 Suspension of your Crunch 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.

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

  • 15.7.8 If we withdraw access to the Services no refund will be payable by us. One month's notice will be given prior to the suspension of a Crunch 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.

If we need to close your account we will always give you at least one month's notice. However, we can cancel your account immediately if:

  • You fail to pay your fees
  • You are abusive to our team
  • Your business becomes incompatible with our services (e.g. if you open a foreign bank account that we cannot support)
  • You use our services excessively to the point where we are unable to deliver them properly
  • We are unable to contact you despite repeated attempts
  • You are frequently unable to meet filing or contractual obligations

If this agreement is terminated for any reason, your Crunch account will be closed. You can export all the data in your Crunch account, but you can only do this before the account is closed. You agree to pay any outstanding balance owed. No refunds will be paid by Crunch.

We will send you a letter of disengagement, after which we have no responsibilities to you or your company.

Show legalese

16. Force Majeure

16.1 For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of Crunch including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of Crunch or any other party), failure of a utility service (including the Internet) or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.

16.2 Crunch shall not be liable to the Client as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.

16.3 If the Force Majeure Event prevents Crunch from providing any of the Services for more than 10 weeks, Crunch shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the Client.

We will not be liable if events beyond our control (e.g. strikes, transport or utility failures, floods and civil unrest) mean we are unable to deliver our service.

Show legalese

17. General

17.1 Assignment and other dealings: Crunch may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to a Group Company or any other third party or agent.

  • 17.1.1 The Client shall not, without the prior written consent of Crunch, assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract.

  • 17.1.2 You hereby agree that Crunch Accounting Ltd, or a suitably qualified third party (a "Trusted Agent") is hereby appointed to act as your Agent in relation to our dealings with HMRC and Companies House or any other competent governmental or regulatory authority.

17.2 Internal Disputes and Complaints. If the Client is a Private Limited Company and we become aware of a dispute between parties who are shareholders or directors of the company, it should be noted that our client is the company itself. 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.

  • 17.2.1 Crunch aims to provide the highest levels of client service and accountancy advice and support at all times but we recognise that, even with the best intentions and systems, things do not always live up to expectations. We deeply regret any times where this is cause for complaint. If you are unhappy with the Services please contact your Crunch Client Manager in the first instance. If you are still not satisfied or would like to escalate your complaint, please put it into writing to complaints@crunch.co.uk. Further details of our complaints procedure can be found in the Help Centre which can be accessed via your Crunch Software.

  • 17.2.2 In observing the bye-laws, regulations and ethical guidelines of the ACCA, Crunch Accounting Ltd follows the ACCA's code of ethics and conduct and complaints procedures. The following links provide information on these.

    http://www.accaglobal.com/an/en/member/standards/ethics/acca-code-of-ethics-and-conduct.html

    http://www.accaglobal.com/ubcs/en/footertoolbar/contact-us/make-a-complaint-about-an-acca-member.html

17.3 Notices

  • 17.3.1 Any notice or other communication given to a party under or in connection with the Contract shall be in the form of a Written Notice, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause. 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.

  • 17.3.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address recorded on your Crunch Account; if sent by pre-paid first class post or other next working day delivery service, at 9.00am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by fax or email, one Business Day after transmission.

  • 17.3.3 You agree that Crunch may send you notices via email, regular mail or alerts within the Services.

  • 17.3.4 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

17.4 Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.

17.5 Waiver. A waiver of any right under the Contract or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

17.6 No partnership or agency. Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, nor constitute either party the Agent of the other for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.

17.7 Third parties. A person who is not a party to the Contract shall not have any rights to enforce its terms.

17.8 Entire Agreement. The Terms and Service Descriptions constitute the entire agreement between the parties. The Client acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of Crunch, which is not set out in the Contract.

17.9 Variation. Except as set out in these Terms, no variation of the Contract, including the introduction of any additional terms and conditions, shall be effective unless it is agreed in writing and signed by Crunch.

17.10 Governing law. This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales. We and you agree to attempt to resolve any dispute amicably by speaking to one another before resorting to any legal action.

17.11 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).

We (and our partners) will be appointed to act on your behalf in dealings with HMRC and Companies House.

We are the accountant for your Limited Company, not you individually. If your company has an internal dispute we cannot provide services without agreement from all relevant parties.

Show legalese

Please take a moment to carefully read through our Privacy Policy.