Terms of Service: FreeAgent CoPilot

Congratulations! We're delighted you've chosen FreeAgent CoPilot.

In addition to our standard terms of service regarding your use of the FreeAgent software, these terms of service set out the terms on which we'll provide the FreeAgent CoPilot service to you. PLEASE READ THE FOLLOWING CAREFULLY.

BY USING THE FREEAGENT COPILOT SERVICE OR BY PAYING FEES ARISING (WHATEVER OCCURS FIRST) YOU INDICATE YOU HAVE READ AND UNDERSTAND THESE ADDITIONAL TERMS OF SERVICE. IF THESE TERMS OF SERVICE CONFLICT WITH AND ARE INCONSISTENT WITH OUR STANDARD TERMS OF SERVICE, THESE TERMS OF SERVICE SHALL TAKE PRIORITY.

FreeAgent CoPilot Accountant Service

As part of the FreeAgent CoPilot Service (the "FreeAgent CoPilot Service"), we will make available to you one of our FreeAgent Expert Accountants who will provide the services you selected during the sign-up process. Once you make initial contact with the FreeAgent Expert Accountant, the FreeAgent CoPilot Service can commence.

You'll appreciate that while we have arranged for you to receive the FreeAgent CoPilot Service and manage and collect the Fees, we don't actually provide the accountancy services. The FreeAgent CoPilot Service works so that you will become a client of the FreeAgent Expert Accountant and will enter into a contract with them directly. The FreeAgent Expert Accountant will provide the accountancy services to you and, so far as permitted by law, we are not responsible for the service the FreeAgent Expert Accountant provides and we exclude any liability for the service provided by the FreeAgent Expert Accountants. Of course, if you are unhappy with the service you receive from the FreeAgent Expert Accountant, please get in touch and we will help to resolve any issues.

You also acknowledge that the FreeAgent CoPilot Service is a remote and automated service. Accordingly, it is not suitable for you if you:

  • have complex accounting or tax needs
  • require frequent and detailed contact with your accountant
  • want in-person meetings with your accountant
  • find your accounting requirements change after you start the FreeAgent CoPilot Service

If you wish to provision additional services outside of the scope of CoPilot, you can do so by contacting your CoPilot Expert Accountant. You may be charged by your CoPilot Expert Accountant outside of FreeAgent.

Creating and Accessing a FreeAgent Account

The section referred to as "Creating and Accessing a FreeAgent Account" in our standard terms of service shall apply to these terms of service with any reference to "The Service" being amended to the "FreeAgent CoPilot Service".

As part of the FreeAgent CoPilot Service we will grant access to your FreeAgent Account to your FreeAgent Expert Accountant. You give us permission to do this in order to receive the full benefit of the FreeAgent CoPilot Service.

Your Obligations

The section referred to as "Your Obligations" in our standard terms of service shall apply to these terms of service with any reference to "The Service" being amended to the "FreeAgent CoPilot Service".

Payment

You will pay us the monthly fee specified at https://www.freeagent.com/features/copilot/ (the "Fee") as consideration for the FreeAgent CoPilot Service as well as any one-off fees as notified from time to time (the “One-off Fee”). The Fee shall be payable to us through our payment provider each month in advance. If you wish to provision additional services outside of the scope of CoPilot, you can do so by contacting your CoPilot Expert Accountant. You may be charged by your CoPilot Expert Accountant outside of FreeAgent (“Other Payments’’).

FreeAgent retains a 20% commission of the Fee and any One-off Fees paid by You (“the Commission Payment”). The Commission Payment will be subject to the terms of an agreement we have with the FreeAgent Expert Accountant. We will pay to the FreeAgent Expert Accountant the Fee and any One-off Fee less the Commission Payment as consideration for them providing you with the FreeAgent CoPilot Service. You authorise us to pay the accountant their share of the Fee on your behalf and for FreeAgent to retain the Commission Payment.

If you stop the payment instructions at any time, we may suspend or stop providing the FreeAgent CoPilot Service and will notify the FreeAgent Expert Accountant to suspend or stop providing the service to you. If any unpaid amounts are repaid in full (together with any interest) and the payment instructions recommence, we may recommence providing the FreeAgent CoPilot Service. If the Fee is late, for whatever reason, and without prejudice to any of our other rights and remedies we may stop providing the FreeAgent CoPilot Service and will notify the FreeAgent Expert Accountant to stop providing the service to you. Also, interest shall accrue on a daily basis on any unpaid Fees at an annual rate equal to 3% over the then current base lending rate of National Westminster Bank plc from time to time, commencing on the due date and continuing until fully paid.

The Fees are payable in pounds Sterling and are exclusive of value added tax (VAT), which is also payable.

We will notify you of any changes to the Fees and/or these Terms of Service by email. The revised Fee will be effective from the first payment date falling at least 30 days from the notice of price change. If you do not agree to changes to the Fee, you can end your contract with us.

These Terms of Service may not be altered by you without our written consent.

Data

As part of the FreeAgent CoPilot Service, we will put you in touch with the FreeAgent Expert Accountant. To do so, we will pass the following details to the FreeAgent Expert Accountant: your name, phone number and email address.

You hereby consent to us passing the above personal data to the FreeAgent Expert Accountant (and any replacement FreeAgent Expert Accountant) for the purposes of providing the FreeAgent CoPilot Service.

Please see our privacy policy for further details on how we process your personal data.

The section referred to as "Who Owns What" in our standard terms of service shall apply to these terms of service with any reference to "The Service" being amended to the "FreeAgent CoPilot Service".

Cancelling your FreeAgent CoPilot Service

These Terms of Service will remain in full force and effect as long as you continue to access or use The FreeAgent CoPilot Service, or until terminated by you or us for any reason set out below.

You will still be liable for any relevant fees (including One-Off Fees) accrued until the date that your FreeAgent CoPilot Service and/or FreeAgent Service is cancelled.

Cancellation by you

You can terminate the FreeAgent CoPilot Service at any time by giving us 30 days’ notice. Please note that no refund will be made for any subscription fees already billed and paid.

If you wish to cancel your CoPilot Service, please contact us at support@freeagent.com.

Termination by us

We reserve the right to terminate your use of the FreeAgent CoPilot Service at any time and for any reason, giving up to 30 days’ notice. The notice period given is at the sole discretion of FreeAgent, and may be immediate in some circumstances. We will explain our reasons for terminating the service unless there’s a legal or security reason which means we can’t provide an explanation. There will, however, be situations where it may not be appropriate or permissible for us to engage with you to explain our reasoning.

If these terms of service are suspended or terminated as a result of your breach, the FreeAgent CoPilot Service and the FreeAgent Service may also be suspended or terminated (as we shall determine).

If our standard terms of service are suspended or terminated, the FreeAgent CoPilot Service may also be suspended or terminated (as we shall determine).

If these terms of service are terminated and the FreeAgent CoPilot Service ceases, you will become a standard client of the FreeAgent Expert Accountant, subject of course to your contract with them.

Limitation of Liability

The section referred to as "Disclaimer" in our standard terms of service shall apply to these terms of service with any reference to "The Service" being amended to the "FreeAgent CoPilot Service".

General

The section referred to as "General Legal Matters" in our standard terms of service shall apply to these terms of service with any reference to "The Service" being amended to the "FreeAgent CoPilot Service".

Law and jurisdiction

These terms of service shall be governed by and interpreted in accordance with Scots law. If any party wants to take court proceedings in relation to the FreeAgent CoPilot Service, it must do so in Scotland. You are responsible for compliance with any applicable laws of the country from which you use or otherwise access the FreeAgent CoPilot Service.