Terms and Conditions
By making a claim with us, or by using any of our services, you are agreeing to the following Terms & Conditions.
If there are any parts of this agreement that you are unclear about, please get in touch with us before proceeding. All of these Terms and Conditions apply to the supply of Services unless we specify otherwise.
1. DEFINITIONS
“We”, “Us” and “Our” refers to AK Green Ltd.
“You” and “Your” refers to you or your nominated representative using our service on your behalf.
“Claim” refers to the overall process of you instructing us to recover overpaid tax from HMRC.
“Claim Form” refers to the signed instruction you have given us to act on your behalf to recover any overpaid tax from HMRC.
“Website” refers to our website www.taxrebates.co.uk
2. OUR FEES
2.1 We will receive refunds from HMRC on your behalf and deduct charges in accordance with our fee, prior to making payment to you.
2.2 Our standard fee is 36% inc VAT of any refund we obtain for you.
2.3 A minimum fee of £25 + VAT will apply to any successful claim. Where the refund from HMRC does not cover this, we will not ask you to pay any additional charges and the claim will be closed. We reserve the right not to contact you in this instance.
2.4 Our charges apply to all refunds received including, but not limited to those relating to employment expenses. Please refer to the following section below for more information on this.
2.5 If a refund of tax was already in the process of being issued to you prior to you claiming with us and has subsequently been issued to us as a result of a claim you have made with us, our fee as outlined in 2.2 and 2.3 will apply on the entire refund.
2.6 If you can provide satisfactory evidence that a specific amount of money was in the process of being refunded to you by HMRC prior to you claiming with us, we will consider a partial refund of our fee but are under no obligation to do so.
3. YOUR OBLIGATIONS
You must grant any permissions, consents or otherwise that we need and must give us with access to any and all relevant information and any other matters which we need to provide the Services.
4. WHAT WE WILL RECOVER FOR YOU
4.1 When you make a claim with us, it is a general claim for an overpayment of tax and not a claim for a specific expense such as uniform.
4.2 We will recover any tax you have overpaid in the tax years stated on the claim form. Overpayments of tax can arise from many factors including, but not limited to:
4.2.1 Not having the correct expenses in your tax code (such as an allowance for uniform).
4.2.2 Being put on an incorrect tax code or any other coding errors.
4.2.3 Being taxed when your income was below the tax free personal allowance.
4.2.4 Being emergency taxed in a new job.
4.3 Our fee will apply to any tax you have overpaid as a result of any of the reasons above.
5. OUR RESPONSIBILITIES IN PROCESSING YOUR CLAIM
5.1 We will use all of the information you have provided to accurately assess, calculate and process your claim.
5.2 We will usually submit your claim to HMRC for processing within 14 days of your signed claim form being received by us, however we do not guarantee this. During busy periods, it may take longer then 14 days to submit your claim to HMRC.
5.3 Where further information or clarification is required in relation to any aspect of your claim, we will always try to contact you however we reserve the right to not contact you, and instead:
5.3.1 Cancel your claim.
5.3.2 Put your claim on hold indefinitely.
5.3.3 Remove any parts of your claim that are in question, before submitting it to HMRC.
5.4 We reserve the right to submit your claim to HMRC as it is and will not be held liable for any errors that result in HMRC issuing an incorrect refund of tax, or your claim being refused altogether.
5.5 We reserve the right to make any required amendments to your claim form prior to submitting it to HMRC.
5.6 Claims take an average of between 6-12 weeks to process once submitted to HMRC. This timescale is a guide only, and not a guarantee that your claim will be processed within 12 weeks.
5.7 HMRC may request further information from you in order to process your claim. Where possible, we will help you with this however the ultimate responsibility to provide HMRC with any requested information is yours. We will not be responsible for any delays in your claim as a result of you not doing this.
6. DISCLAIMER
6.1 AK Green Ltd is not responsible for the refund of tax or the rejection of a claim where:
6.2 The customer has provided information which that is false, incorrect, inaccurate, insufficient or misleading in any way.
6.3 The customer has already applied for and/or received a refund of tax prior to making a claim with us.
6.4 The customer owes money to HMRC.
6.5 HMRC has information that is different to that provided by you.
6.6 If HMRC determine that a refund of tax has been made incorrectly and ask for it to be paid back. We are under no obligation to refund our fee in this instance however where possible, we will do so.
6.7 You are aware that you can submit a claim directly to HMRC for free however by claiming with us, you are agreeing to use our services to recover any overpaid tax to you.
7. YOUR ESTIMATED AND ACTUAL REFUND
7.1 When you make a claim with us, we will provide you with an estimate of the amount of money we believe we can recover for you. This estimate is not to be used as a guarantee in any way of the amount of money we can recover for you.
7.2 We will not be held liable for any instances in which the actual refund is less then the estimated amount, or if your claim does not result in a refund at all.
7.3 We strongly advise against making any financial commitments based on an estimate, or on any kind of premise of a tax refund. We will not be held liable for any loss or hardship you incur, financial or otherwise, as a result of doing so.
8. CANCELLING YOUR CLAIM
8.1 We reserve the right to cancel your claim at any stage, without any obligation of providing you with a reason.
8.2 You may stop/ cancel your claim within the initial 14 days within your distance selling rights.
8.3 After 14 days your claim will not be eligible for cancellation.
8.4 Your claim cannot be cancelled once it has been submitted to HMRC. If you have a valid reason for cancellation at this stage, please let us know immediately. We will consider this request but are under no obligation to agree to it.
8.5 Your claim cannot be cancelled under any circumstance once it has been approved by HMRC, and a refund has been confirmed.
9. REPAYMENTS MADE BY US TO YOU
9.1 We will issue your repayment via cheque only once we have cleared funds from HMRC. Cheques will be sent to the address you provided on your claim form.
9.2 Cheques will be cancelled 1 year from the date of issue. An admin fee of £25 plus VAT will apply to have the cheque re-issued to you.
10. DATA PROTECTION AND MONEY LAUNDERING
10.1 For full details of how we process your data, please refer to our Privacy Policy located at www.taxrebates.co.uk/privacy
10.2 In order for us to comply with Money Laundering Regulations, we may be required to verify your identity before we can provide the relevant service to which this legislation applies.
10.3 By making a Claim with us, you agree that we may use the services of a third-party agency in order to verify your identity. This search is similar to those performed by price comparison websites and does not impact your credit rating (although the search may be visible on your credit file).
10.4 In instances where we are not able to verify your identity, we may ask for additional documentation from you (such as passport, driving licence etc). We reserve the right to withhold any payment due to you until your identity has been confirmed.
11. LIABILITY AND INDEMNITY
11.1 Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this clause. The total amount of our liability is limited to the total amount of Fees payable by you under the Contract.
11.2 Under no circumstances will we be held liable for any penalties you have incurred in relation to a Tax Return, if there is no agreement in place for us to file the Tax Return for you.
12. SEVERANCE
If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
13. LAW AND JURISDICTION
These Terms and Conditions are governed by and interpreted according to English law. All disputes arising under these Terms and Conditions are subject to the exclusive jurisdiction of the English courts.