Terms & Conditions
Terms & Conditions
Our No Rebate, No Fee promise means that we will only charge a fee if we are successful in recovering a rebate for you. There are no upfront costs and our fee is deducted from the HMRC settlement so you’ll never have to pay anything directly out of your own pocket.
Terms and Conditions of Service
The term “Rebate Gateway”, “We” or “Us” refers to Rebate Gateway Ltd. We are a Companies House registered UK company. Company registration number: 12693328.
The term “Tax Rebate(s)” covers any tax recovered from HMRC.
Please ensure that You read these Terms carefully. You must check that any details submitted to Us via any of Our forms either Online or via Paper are complete and accurate.
By submitting an enquiry with Us either online, via post, over the phone or SMS it means You and/or Your partner agree to all of the terms and conditions listed below.
- Once You enquire with us by submission of an application, Our Terms become binding, at which point You enter into a Contract between Us and You. This does not mean We have yet agreed to provide any Services on Your behalf. Only once We have reviewed the information You have submitted to Us and We decide on the viability of any Claim. If You do not accept Our Terms, then You should not submit a Claim and we cannot provide You with Our Services.
- On completing and signing an online application and/or by signing and returning a Claim form to Us You authorise Us to contact HMRC as Your Intermediary, Nominee and Agent to pursue a Claim to recover monies legally entitled to You.
- You authorise us to use all of the information provided within Your application to review Your entitlement to the following rebate types: Workplace Expenses (P87 Claim), Marriage Allowance and Financial Mis-Selling Compensation (R40 Claim) and submit an application to HMRC on Your behalf If found to be applicable to Your circumstances.
- You authorise Us to access information provided to Us by HMRC in order to assess what Services We can offer to You and that Our fees are applicable according to Clauses 4.1-15. Where on review of information supplied to Us either by Yourself, HMRC or any other applicable entity we identify a Service, you agree that We have the authority to act on Your behalf to pursue such a Claim.
- If We identify any Services which You may be eligible for, but We do not supply then You agree that we may notify trusted third-party partners of Your eligibility to Claim and/or make Use of their Services. You also understand that as a result of such a referral We may receive a commission for doing so. We have no responsibility or liability for any Services offered and provided by any third-party partner.
- We may be required to perform Due Diligence checks as part of providing Our Services and You agree to provide Us with any relevant information/documentation to allow Us to perform such checks. Where necessary this will also apply to Your partner/spouse.
- We may during offering Our Services send to You documentation either digitally or in paper format for You to complete and return to Us. Where You supply Us digitally with an electronic signature specimen, You authorise Us to Use that signature on necessary documentation to then submit to the relevant entity. You acknowledge that an electronic signature may not always be acceptable and that You will receive such documentation via post to sign and return to Us.
- By entering a Contract with Us You confirm that You know of no reason as to why You cannot enter such Contract
- You acknowledge that where we feel appropriate, we may contact You via phone, email, SMS, or post in relation to Services we feel You could be applicable.
- You agree that all information You provide to is true and accurate to the best of Your knowledge
- You have records relevant to Your Claim readily available and will provide to Ourselves and/or HMRC at Our/their request.
- You will provide us with accurate and true information, we are not required to verify such information unless it is Our legal or regulatory obligation to do so. You accept that you may be required to provide additional information to assist us in our endeavours which must be provided within 7 days of it being requested. Rebate Gateway reserves the right to cancel any claim where requested details are not provided and issue payment charges relating to the work already undertaken. Where such charges are issued, you will be notified in writing.
- We may transfer Our rights and obligations under this Contract to another party, this will not affect Your rights and obligations under this Contract, and we will inform You of such an event in writing.
- We also have the right to share Your information with any group company or sell/use Your information in connection with, but not limited to merger, financing, acquisition, liquidation, or proceedings involving sale or transfer of all or a portion of Our business or assets. That company, group company or entity will have the right to Use Your information collected to continue its obligations under this agreement and Use Your information to contact You in regards to products that We believe may benefit You.
- You agree to Us performing a soft credit check on Yourself to assess what other Services we could provide to Yourself
- We reserve the right to cancel Your Claim at any given time should You breach any of Our terms and conditions or any other reason within Our discretion.
- We will not provide any tax or financial advice throughout the course of our engagement; we will simply assist You in the processing of any rebate you have been deemed entitled to with HMRC. Our service provided to You therefore amounts to an occasional transaction as defined in the The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017.
- We may at any point in assessment of Your Claim decide not to pursue such a Claim and will notify You accordingly. You understand that by Us pursuing a Claim for You that this is no indication to likelihood of being successful with that Claim. We may at any point terminate Our Contract accordingly and be under no obligation to provide a reason for Our actions.
- We will pursue Your Claim in a timely manner but cannot make any guarantee to the timescale of Your Claim to completion and provide no such assurance
- In the course of Your Claim, You agree to provide when requested by Ourselves, HMRC or any other relevant tax authority any information and/or documentation in a timely manner. You understand that refusal or excessive delay to provide Us with such information and/or documentation could result in Us not pursuing Your Claim and We have the right to charge You for Our Services up until that point in accordance with Clause 4.1-15
- We will not be held responsible and/or liable for any fees/fines You incur as part of Using Our Service by any tax authority including HMRC, including but not limited to inaccurate or late filings.
- You also acknowledge that You appoint Us as Your agent and nominee and that We will receive information relating to Your tax affairs directly from HMRC
- You nominate Us to receive any refund from HMRC on Your behalf
- You understand that Your Claim is generic and not limited to any one Claim in which HMRC may provide a refund on.
- You understand we are not responsible or liable for any debt which You may owe to HMRC whether a result of any Claim we provide as part of Our Service
- You will assist Us where necessary in pursuing any Claim with HMRC that we make for You as part of Our Service
- You understand that there is no obligation for Us to perform a tax Service that either we do not operate within and/or do not feel financially viable, you will under such circumstances be able to proceed with such a Claim Yourself
- You are aware of Your ability to pursue Your Claim Yourself without incurring third party fees and that by Using Our Service You nominate and appoint Us to do such work for You
- You agree that any delay, for whatever reason, in obtaining information from Yourselves or HMRC can result in a delay in Us securing Your refund.
- Agree that any estimation of Your total refund or average refund figures on Our website, given by email or phone, using any online calculators or documentation sent out to You is not a guarantee of the amount You will receive and is an estimated figure.
- Acknowledge any timescales quoted for the completion and successful reclaiming of Your refund are estimated timescales. We always aim to secure and finalise each Claim as fast as possible. However, delays can occur.
- As part of a Claim You:
- Confirm that where applicable, we can utilise the information provided within your application to investigate your entitlement to a rebate for the following: Workplace Expenses (P87 Claim) Marriage Allowance, Financial Mis-Selling Compensation (R40 Claim).
- Confirm that the information provided within your application can also be reviewed by our bureau partner (Perren Consultants Limited), a claims management company regulated by the Financial Conduct Authority under registration number 831052. Your case will be reviewed for circumstances in which you may be due compensation due to financial and/or product and/or service mis-selling.
- Confirm that Our fee is deducted from each individual payment/cheque received.
- Confirm that You instruct Us to backdate any applicable allowance from the earliest applicable date.
- It is the Claimant’s responsibility to calculate if the tax claim is beneficial for them prior to Claiming with Us.
- You reserve the right to cancel Your agreement with Ourselves at no cost during the first 14 days of Your Contract with Us. The Contract is initiated at the moment You make Your application with Ourselves at which point You should have already referred to these Terms as mentioned in Clause 1.1.
- You may cancel with Us in writing either via post or via e-mail.
- Should You cancel this agreement after the first 14 days then You acknowledge that Your remain liable for fees due to Us according to Clause 4.1-15. You will be liable for the full fee if You wish to cancel on completion of Our Services including where You are required to accept a payment from an entity as part of the provision of Our Services under this agreement.
- You acknowledge that You cannot simply cancel Our Contract or revoke Our appointment as an Intermediary, Nominee and/or Agent simply by contacting HMRC. In such an event You must contact Us prior to contacting HMRC directly.
- You acknowledge that on receipt of funds from HMRC You must allow Us up to 14 working days to process your repayment. If We need to query the amount with HMRC then this shall be extended until that query has been resolved.
- At such point that funds are received from HMRC, we may ask you to verify your identity via providing Photographic ID and Address Verification via the Repayment Portal. If this applies to Your case, You will be in receipt of an email within 14 days of receipt of funds from HMRC. All repayments must be made by BACs payment.
- You acknowledge that we are unable to process your refund due to Anti-Money Laundering regulations until such time as we have been able to verify Your identity. You cannot request that we send payment to another party via any means.
- Should HMRC send the payment to Yourself You are required to pay Our fee. Our fee would be due within 3 working days of cleared funds into Your account, or immediately upon receipt of an invoice should funds have already be cleared upon receipt. You cannot make payment to Us via cheque.
- Failure to make payment to Us will result in Your debt being passed to a debt collection agency who will charge further fees on top of the full amount due to Ourselves, therefore You acknowledge failure to pay will incur extra fees.
- If You do not respond to attempts to verify your identity in accordance with Anti-Money Laundering Regulations for a period of 6 months following receipt of funds from HMRC and have not made us aware of any extenuating circumstance as to why documentation cannot be provided or you have refused to provide the necessary documentation and/or repayment account details then we reserve the right to raise an invoice for the balance held on account after those 6 months.
- Should incorrect repayment details be given and payment is rejected by Your bank, We reserve the right to charge a payment failure fee of £35 plus VAT.
- We make no guarantee that Use of Our Services will result in a refund.
- As a result of any Claim in which money is recovered from HMRC You agree to pay Us 39% plus VAT or £35 plus VAT, whichever is greater. Additionally, there will be an administration cost of £35 plus VAT in any case where You have been subject to an Individual Voluntary Arrangement / Protected Trust Deed / Bankruptcy or other debt order in any of the years in which the rebate applies. If your tax refund amount does not cover the sum of these amounts, we will retain the equivalent amount and confirm that no additional charges or costs will apply. Where there is no payment released/ recovered from HMRC you do not have to pay us anything.
- If HMRC do not offer You any refund we will work on a No-Win, No-Fee basis and You will not be charged.
- In the event that HMRC withholds funds to offset against an underpayment of tax, you will be invoiced at the same rate against the value of the withheld figure.
- Payments are sent out to clients within 14 days of completion of Anti-Money Laundering and Repayment checks, or in the case that Anti-Money Laundering and Repayment checks have been completed prior to receipt of payment from HMRC – 14 days following receipt of funds.
- Should Rebate Gateway be successful in a claim whereby a balance remains outstanding between you and Rebate Gateway, this figure will be deducted from any redress owed to you in order to reduce the debt value. Any funds remaining after the settlement of the outstanding invoice will be forwarded to you via BACS payment, once requirement AML checks are complete.
- When HMRC send the refund directly to Us You agree that we will automatically deduct Our fee from the amount received. We will issue a BACS payment to the account provided within your Repayment and Anti-Money Laundering form. You are responsible for informing Us of any contact details or repayment details whilst using our service.
- You authorise HMRC to send Your refund directly to Rebate Gateway Limited via ‘Nomination’ for Us to deduct the agreed fee above and forward Your refund to You.
- We accept no liability for any loss suffered by Yourself because of not receiving a refund or from Using Our Service where there has been no negligence on Our part. We also cannot guarantee any refund amount or take liability for loss as a result of a refund which was lower than You expected
- You agree You cannot make any Claim for loss or consequential damage as a result of Using Our Service or any omission by Us unless required under Law
- We agree to take all reasonable care when processing Your Claim but do not give any other warranties in relation to Our Services provided or accept any liability whatsoever.
- We are not liable to You should You breach any of these terms and conditions for whatever reason or where You have provided false information, no refund is obtained, You have already Claimed a refund, you are subject to any HMRC investigation, Your Claim is not completed in the estimated timescale, HMRC have different information on their system to that You have provided to Us, You owe money to HMRC or any other authority for underpayment of tax or any other reason, or any penalties that are applied.
- We are not liable should You fraudulently sign or provide a partner’s details that does not consent to applying for this tax refund
- We are held only to the Law of the English, Scottish and Welsh courts by whichever is applicable to Yourself based on Your residency
- Each clause of this terms stands independently, and should any English, Welsh or Scottish court rule any term unlawful then remaining clauses shall stand.
- This Contract stands whether committed to by Yourself in writing or verbally
- If we are delayed in enforcing Our rights against You or initially fail to enforce them this does not mean that we waive Our right to enforce such rights against You at any point. A waiver of any of these rights will only be done so in writing and no verbal communication of such waiver will ever be binding