Savy Solutions Limited - Online Consumer Services Terms and Conditions

1. These terms

1. What these terms cover. These are the terms and conditions on which we supply our services.

2. Why you should read them. Please read these terms carefully before you request our services (also referred to as an order). These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

2. Information about us and how to contact us

1. Who we are. We are Savy Solutions Limited a company registered in England and Wales. Our company registration number is 15479653 and our registered office is at Huckletree Express, The Express Building, 9 Great Ancoats Street, Manchester, M4 5AD. Our registered VAT number is TBC.

2. How to contact us. You can contact us by contacting our customer service team by downloading our mobile application, or by writing to us at contact@savy.app or Huckletree Express, The Express Building, 9 Great Ancoats Street, Manchester, M4 5AD.

3. How we may contact you. If we have to contact you we will do so by using our mobile application or social media platforms, or by writing to you at the email address or postal address you provided to us.

4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails and messages through our mobile application or social media platforms.

3. Our contract with you

1. How we will accept your order. Our acceptance of your order will take place when we send you an email confirming the order, at which point a contract will come into existence between you and us.

2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the services. This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the services, because we are unable to meet an HMRC or other related deadline you have specified, or because your tax circumstances mean our services don’t apply to you.

3. We only sell to the UK. Our website is solely for the promotion of our services in the UK. Unfortunately, we do not accept orders from addresses outside the UK.

4. Your rights to make changes

1. If you wish to make a change to the service you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the service, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 7- Your rights to end the contract).

5. Our rights to make changes

1. Minor changes to the service. We may change the service:

1. to reflect changes in relevant laws and regulatory requirements i.e. HMRC changes the way in which tax codes are to be updated; and

2. to implement minor technical adjustments and improvements, for example to address a security threat. These changes will be to improve customer experience or the service in general. Should we need to temporarily suspend access to the services, we will always endeavour to provide notice to you in writing. 

2. More significant changes to the services and these terms. We may make the following changes to these terms, but if we do so we will notify you and you may then contact us to end the contract before the changes affect your order and receive a refund for any services paid for but not received:

1. An increase in the price of the services.

3. Updates to digital content We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.

6. Providing the services

1. When we will provide the services. 

1. One-off services: We will begin the services once you have submitted your details in our mobile application. The estimated completion date for the services is as told to you during the order process.

2. Ongoing services: We will begin the services once you have confirmed the start of your trial period in our mobile application and will supply the services to you until you end the contract as described in clause 7 or we end the contract by written notice to you as described in clause 9.

3. We are not responsible for delays outside our control. If our supply of the services is delayed by an event outside our control i.e. HMRC delaying processing submissions for a number of months then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of delay up to 9 months you may contact us to end the contract and receive a refund for any services you have paid for but not received.

What will happen if you do not give required information to us. We may need certain information from you so that we can supply the services to you, for example, your identification documents to verify your identity, personal and financial information reasonably required to complete your HMRC tax returns or update your tax code. If so, this will have been stated in the description of the services on our website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may end the contract (and clause 9.2 will apply). We will not be responsible for supplying the services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

2. Reasons we may suspend the supply of our services to you. We may have to suspend the supply of our services to:

1. deal with technical problems or make minor technical changes;

2. update the services to reflect changes in relevant laws and regulatory requirements;

3. make changes to the services as requested by you or notified by us to you (see clause 5).

3. Your rights if we suspend the supply of services. We will contact you in advance to tell you we will be suspending supply of the services, unless the problem is urgent or an emergency. If we have to suspend the services for longer than two weeks we will adjust the price so that you do not pay for services while they are suspended. You may contact us to end the contract for services if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 1 month and we will refund any sums you have paid in advance for the services in respect of the period after you end the contract.

4. We may also suspend supply of the services if you do not pay. If you do not pay us for the services when you are supposed to (see clause 11.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services. We will not suspend the services where you dispute the unpaid invoice (see clause 11.6). We will not charge you for the services during the period for which they are suspended but we may choose to cancel the contract and seek payment from you. As well as suspending the services we can also charge you interest on your overdue payments (see clause 11.5).

7. Your rights to end the contract

1. You can always end your contract with us.  Your rights when you end the contract will depend on the service purchased, how we are performing and when you decide to end the contract:

1. If the service purchased is misdescribed you may have a legal right to end the contract (or a service re-performed or to get some or all of your money back), see clause 10;

2. If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;

3. If you have just changed your mind about the services, see clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;

4. In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.1.

2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any services which have not been provided and you may also be entitled to compensation. The reasons are:

1. we have told you about an upcoming change to the services or these terms which you do not agree to (see clause 5.2);

2. we have told you about an error in the price or description of the services you have ordered and you do not wish to proceed;

3. there is a risk that services may be significantly delayed because of events outside our control (also see clause 6.1(c);    

4. we have suspended supply of the services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than one month; or

5. you have a legal right to end the contract because of something we have done wrong.

3. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most services bought online you have a legal right to change your mind within 14 days and receive a refund.  These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

4. Our money back guarantee. Please note, these terms reflect the money back guarantee offered by Savy Solutions Limited of Huckletree Express, The Express Building, 9 Great Ancoats Street, Manchester, M4 5AD to its UK customers, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This money back guarantee does not affect your legal rights in relation to faulty or misdescribed services (see clause 10.1):

5. When you don't have the right to change your mind.  You do not have a right to change your mind in respect of:

1. services, once these have been completed, even if the cancellation period is still running.

6. How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.

1. Have you bought services (for example, our monthly service to review your HMRC information and update your tax code)? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind. Following cancellation during the 14 days, you give us permission to change your tax code to the tax code you originally had when you requested our services.                  

7. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 7.1), you can still end the contract before it is completed but the payment for the minimum term of the contract (which will be clearly stated before you order and in your welcome email) would be payable. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end the contract in these circumstances, just contact us to let us know. 

8. Following the term of your contract as set out during the order process and the welcome email, if applicable, your contract will continue on a monthly basis, unless you contact us to cancel the contract (see clause 8). We will refund any advance payment you have made for services which will not be provided to you.

8. How to end the contract with us (including if you have changed your mind)

1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

1. Email. Contact our customer services team by downloading our mobile application or email us at contact@savy.app. Please provide your name, home address and, where available, your phone number and email address.

2. By post. Simply write to us at Huckletree Express, The Express Building, 9 Great Ancoats Street, Manchester, M4 5AD, including details of your order, when you ordered and your name and address.

2. How we will refund you.  We will refund you the price you paid for the services, by the method you used for payment. However, we may make deductions from the price, as described below.

3. Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:

1. For our services, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract. For example, if you confirmed that you wished for us to carry out the services in the 14-day cooling off period, and we have provided the services and updated your tax code, the full payment for that month will be payable. 

4. When your refund will be made. We will make any refunds due to you as soon as possible.  If you are exercising your right to change your mind then:

1. Your refund will be made within 14 days of your telling us you have changed your mind.

9. Our rights to end the contract

1. We may end the contract if you break it. We may end the contract for services at any time by writing to you if:

1. you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due; or

2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services, for example, identification to verify your identity, personal and financial information required by the HMRC to file your taxes or update your tax code.

2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

3. We may withdraw the services. We may write to you to let you know that we are going to stop providing the services. We will let you know at least 30 days in advance of our stopping the supply of the services and will refund any sums you have paid in advance for services which will not be provided.

10. If there is a problem with the services

1. How to tell us about problems. If you have any questions or complaints about the services, please contact us. You can contact our customer service team by downloading our mobile application or writing to us at contact@savy.app or Huckletree Express, The Express Building, 9 Great Ancoats Street, Manchester, M4 5AD.

2. Summary of your legal rights. We are under a legal duty to supply services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the services. Nothing in these terms will affect your legal rights.

11. Price and payment

1. Where to find the price for the services. The price of the services (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the services advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the services you order.

2. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the services, we will adjust the rate of VAT that you pay, unless you have already paid for the services in full before the change in the rate of VAT takes effect.

3. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the service’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the service’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any information provided to you.

4. When you must pay and how you must pay. We accept payment using the mobile application, Stripe. When you must pay depends on what services you are buying:

1. For one-off services, your payment will automatically be deducted from any tax repayment you receive, and you will receive a receipt detailing this. If you do not have enough funds, we will contact you for payment which must be paid within 14 calendar days. 

2. For ongoing services, your payment will automatically be deducted monthly using the mobile application, Stripe, and you will receive a receipt detailing this. If you do not have enough funds, we will contact you for payment which must be paid within 14 calendar days. Payment will continue to be deducted until you contact us to end the contract, please see clause 7.8 or we choose to end the contract. 

5. We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

6. What to do if you think your payment is wrong. If you think your payment is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on the correct amount from the original due date.

12. Our responsibility for loss or damage suffered by you

1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, up the amount of £100,000. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the onboarding process. 

2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services as summarised at clause 10.1

3. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

4. We are not liable for business losses. We only supply the services for domestic and private use. If you use our services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

5. We are not liable for incorrect information provided by you.  In submitting an order for our services, you give us your authority to prepare and submit a claim to HMRC on your behalf, deal with correspondence received from HMRC and to receive any proceeds on  your behalf.

6. We will use our discretion in sending correspondence from HMRC to you but anything substantial i.e. end of year tax information will be forwarded to you by uploading into your virtual dashboard. 

7. You acknowledge and agree that we act as your agent with HMRC.  You are to provide us up to date, accurate and non-misleading information required by HMRC. Please see further information at clause 12.5. 

8. You acknowledge and agree that the services are dependent upon the information provided by you with evidence where required in the form of records and statements. 

13. How we may use your personal information

How we may use your personal information.  We will only use your personal information as set out in our privacy policy https://savy.app/Privacy.html.

1. We are a data controller and bound by the Data Protection Act 2018. We are entitled to obtain, process, use and disclose your personal data to enable us to discharge our duties to you, to liaise with third parties on your behalf and to comply with the law, update your records, produce management data, prevent crime and comply with statutory requirements. You have a right of access under data protection legislation to the personal data we hold about you. 

2. If you have any concerns about how we have handled your personal data, you can contact us by writing to our data protection officer or by emailing contact@savy.app. We will respond to your request within a reasonable time and let you know next steps towards resolving your concerns. If you are not satisfied with out response or believe we are not processing your personal data in accordance with the relevant law, you can complain to the UK data protection regulator, the Information Commissioner’s Office.

14. Other important terms

1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within one calendar month of us telling you about it and we will refund you any payments you have made in advance for services not provided.

2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. It’s likely we will not agree as tax codes are personal to each individual. 

3. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms

4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.

6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.