TERMS AND CONDITIONS
YourMoneyBack is a registered trading name of Johnson Kenny & Co. Limited (“we”, “us”, “our”). Johnson Kenny & Co. Limited is an Irish registered company (Company Registration Number 59861). Our address and registered office is Kilberry, Athy, Co. Kildare R14 YK53.
Company contact details:
You can contact us by any of the following ways:
- Telephone: 045-241 943 / Mobile 1: 087-662 5636 / Mobile 2: 087-171 9968
- Email: firstname.lastname@example.org
- Post: YourMoneyBack, Kilberry, Athy, Co. Kildare, R14 YK53
We aim to provide excellent customer service and we apply all due diligence and care to your Tax refund application and personal information. Specifically:
- You will receive an automatic email confirmation on receipt of your online registration form to the email address that you provided. The email will detail the steps involved in the process.
- For any manual forms that we receive, we will email or text you the same day to let you know your registration form has arrived and advise you of the next steps in the process.
- Please note that it takes up to five working days for Revenue to grant us access to your tax records.
- The Revenue Commissioners will send you correspondence confirming our Agent Link by post.
- Once we have access to your tax records, we will automatically review your taxes for the last four years and claim back any overpayment of tax or universal social charge for those years.
- The Revenue Commissioners will send you correspondence confirming our Client Account bank details which are entered on Revenue when a potential refund is filed.
- Meanwhile, we may also email you a list of tailored questions to see if we can claim any additional tax refund for you should any of the questions apply to you.
- Finally, the Revenue Commissioners will send both you as customer and us as agent a copy of a P21 tax statement when a tax refund review is complete. We will check this statement to ensure it is correct and then we will email or text you advising you of your agreed tax refund and the amount of our fee.
- Our aim is to ensure that our services will be provided using reasonable care and skill, and we will claim any tax refund that may be due. Please note that we do not issue estimates of tax refunds due.
- We will use all reasonable endeavours to ensure all tax refunds are processed without delay. We have no control over the timeframe for which Revenue process the statements and issue the refund to us. Delays from Revenue are beyond our control and this will not give you the right to terminate our contract once we have submitted the documents to Revenue.
- We will automatically review your tax records on an annual basis going forward unless you specifically state otherwise in writing to us.
- We will send correspondence to customers based on the information stated on your Registration Form. You are responsible for contacting us whenever there is a change to any of your contact information or details so that we can keep our database updated.
- We would advise that your regularly check your emails for correspondence from us.
Your Obligations and Acknowledgements:
It is your responsibility to ensure the following:
- You agree to the Revenue Commissioners Authorisation Form and our Terms and Conditions;
- To cooperate with us in all matters relating to our services;
- You provide us promptly with all documentation requested by us and the Revenue Commissioners;
- It is your responsibility to notify us if you change your address so that we can keep our database up to date. It is also your responsibility to ensure that Revenue hold a correct address on file for you;
- We accept no responsibility for sending correspondence to an address that we hold on file for you where it transpires that we were never notified of a change;
- The email that you provide to us when you register will be used for all correspondence that we send to you, with the exception of paper correspondence that we send you directly. In circumstances where you do not have an email address yourself but are happy to provide an email address of a partner, friend, work colleague, family member etc. you are agreeing that you are happy for us to correspond with you via that email address. In this regard, you accept that some of your personal data will be shared with this person. We accept no responsibility for sending correspondence to this email address that we hold on file for you where it transpires that we were never notified of a change or an incorrect email that was submitted on the registration form.;
- You are responsible for ensuring that both we and the Revenue Commissioners are notified of a change in your personal circumstances during a particular tax year. For example, separated or divorced.;
- In circumstances, whereby amendments are made to our existing Terms and Conditions, such amendments will be reflected on our website and we would ask our clients to familiarise themselves with our Terms and Conditions on a regular basis.
You acknowledge and agree that:
- We may rely and act upon instructions and documentation given by you;
- We accept no responsibility for lost or undelivered post that we sent to you;
- We can refuse to act upon an instruction and take any action we deem necessary in the circumstances including cancelling or blocking your rights to our services if we have reasonable grounds to believe
- The instruction was not given or authorised by you;
- The instruction was not clear;
- The instruction given by you might cause us to breach a contractual duty
- Failure to provide a correct PPS number;
- We consider that your instruction is in breach of applicable laws, regulations or guidelines by a regulatory authority;
- Your rights to access our services are being used unlawfully or for an inappropriate purpose, including and not limited to anti-money laundering or counter terrorism financing legislation;
- There has been or we have reason to believe that there is an unauthorised disclosure of your security details or other security breach or a breach of these Terms and Conditions.
- You must provide your PPS number and ensure that it is correct as we will rely exclusively on it in providing services to you.
- Even though the documentation and other communications purporting to be from you will be in electronic form, you agree that each shall have the same legal effect, validity and enforcement as if the documentation or communication had been in paper form or in writing signed by you where relevant. Accordingly, you agree not to challenge the legal effect, validity or enforceability of any documentation or communication or whether such documentation or communication was authorised by you.
If our ability to perform our services is prevented or delayed by any failure by you to fulfil any obligation listed above,
- We will be entitled to suspend performance of our Services until you remedy your default and in such cases your default may entitle us to terminate the contract;
- We will not be held responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform our Services;
- It will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from your default.
Services related to Irish Tax Law:
Unfortunately, we are unable to provide the Services where they relate to laws other than Ireland. Our services are limited to those specific laws of Ireland which are directly related to the Services we provide.
You may register for our services from an address outside of Ireland, but it must relate to our Services as defined.
You acknowledge and agree that we shall not be liable to you and or in breach of any obligation of our company under the following terms;
- If you have provided information or an instruction to us which is false, inaccurate, insufficient or misleading in any way; or
- If you have already received a refund; or
- If you have applied for a refund, either directly or through another person, natural or legal; or
- You owe money to the Revenue Commissioners; or
- The Revenue Commissioners have different information on its system than that was supplied by you to us; or
- The Revenue Commissioners information leads to a decision that you are not due a refund. Where there is a possible case for appeal within the law, such an appeal may be taken by us, where the information provided by you to us enables us to do so and where we have agreed to the additional charges and VAT applicable and they have been paid as provided in these Terms.
- Our standard fees for PAYE tax refunds are based on 7% of the total value of the tax refund plus VAT at 23%, subject to a minimum processing fee of €23 including VAT.
- The charges are the fees quoted on our Site at the time you submit your order.
- YourMoneyBack may charge additional fees where extra work is required.
- In circumstances where there is no tax refund due to a client, then no fee will be charged. We work on a No Refund No Fee basis for PAYE tax refunds.
- An annual fee of €50 will be charged to clients where funds remain in the client account due to clients not cashing their cheques.
- Where we undertake additional services for you, for example preparation and submission of an Income Tax return, additional fees will apply.
- In circumstances, whereby an existing or previous client of YourMoneyBack deals with revenue directly and money has been lodged into our client account, then there will be a €23 administration charge for repaying the tax refund to the client either by cheque or bank transfer.
- In circumstances, whereby a client misplaces their cheque and a replacement cheque is requested, then there will be a €23 administration charge which will be deducted from the original amount.
- In circumstances, whereby a client requests any documentation to be returned to them, a nominal fee will be charged to cover postal and administration costs.
- In circumstances, whereby a client requests a bank transfer outside of Ireland, additional fees may apply depending on your location to cover the banking fees.
Our fee is due following receipt of the tax refund from the Revenue Commissioners. In circumstances, whereby the Revenue Commissioners send the tax refund directly to the client, YourMoneyBack will issue an invoice by email directly to the client requesting immediate payment. Failure to pay the outstanding fee will result in our fees being passed over to our legal team for collection. Our fees can be paid by either bank transfer or cheque payment.
Cancelling our services
If at any time you are unhappy with the service you have received from YourMoneyBack and you wish to cancel our Agent Link, then we request that you either write to or call the Revenue Commissioners and inform them that you want to remove us as your agent.
If we have processed a tax refund for you at any stage, our bank details will be listed on your Revenue profile. Please ensure to update your bank details with Revenue to ensure that no future refunds are issued to our client bank account.
In circumstances, whereby we feel it inappropriate for us to continue to act as your Tax Agent, then we will contact Revenue directly cancelling our agent Link.
If the customer has a compliant in relation to us or anything on this Site, the user can write to us at YourMoneyBack, Kilberry, Athy, Co. Kildare R14 YK53, or by email to email@example.com as soon as possible but within seven days of the date of the issue which gives rise to the complaint. In doing so, we would ask the user to provide us in writing with sufficient information for us to verify the complaint and evaluate the complaint.
We will endeavour to respond to any complaint as quickly as possible. Our ability to respond will be dependent on the nature and complexity of the user’s complaint, the extent to which we can contract the user to get information on the complaint and the extent to which the User needs to obtain information from a third party relevant to the complaint to frame a response. Subject to these Terms and Conditions we will make our best effort to find a satisfactory solution to the user’s complaint. However, this shall not apply where the complaint is vexatious or where it is clearly unsubstantiated or malicious.
Confidentiality and Disclosure:
You agree that we may
- Disclose your confidential information to such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out our respective obligations under the Contract;
- Disclose your confidential information to the Revenue Commissioners;
- Communicate your confidential information to third parties without your consent where we are required to so by any governmental, banking, taxation, supervisory or similar body; or information requested to be disclosed in connection with and for the purpose of any administrative or other investigations.
Disclosure of your confidential information to:
- Any of our affiliates, officers, directors or employees;
- Any of our professional advisors, auditors or insurers;
- Any person with whom we are merging or consolidation or proposing to merge or consolidate;
- A prospective assignee, transferee, or any other person who may propose entering into a contractual relationship with us.
Subject to the above, we will keep your personal data confidential as required by the General Data Protection Regulation.
Events outside of our control:
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control.
You must not attempt to procure services that are competitive with the Services from any of our directors, employees or consultants, whether as an employee or on a freelance basis, during the period that we are providing the Services to you and for a period of six months following termination of the Contract.