Terms and Conditions

1. Introduction

These Terms and Conditions govern your use of ForwardifyMtd, an online invoicing and Making Tax Digital VAT application provided by Accusolve Accountants Limited.

By creating an account, accessing the application, using the service, or connecting the application to HMRC, you agree to these Terms.

If you are using the application on behalf of a company, partnership, charity or other organisation, you confirm that you have authority to bind that organisation.

2. Our details

3. Definitions

In these Terms:

4. The service

The Application may allow you to:

Features may vary depending on your Subscription, configuration and HMRC API availability.

5. Account registration

You must provide accurate and complete information when creating an account.

You are responsible for:

• maintaining the confidentiality of your login details;
• all activity under your account;
• ensuring each User has their own login where required;
• keeping user roles and permissions up to date;
• removing access for people who leave your organisation;
• notifying us promptly of suspected unauthorised access.

We may refuse, suspend or terminate accounts where we reasonably believe there is misuse, fraud, security risk, non-payment or breach of these Terms.

6. User permissions and tenant separation

The Application is designed to support multiple company accounts or tenants.

You are responsible for ensuring that:

• Users are added only to the correct company account;
• Users are given appropriate access levels;
• sensitive invoice, VAT, customer and business data is accessed only by authorised people;
• company settings are checked before invoices or VAT returns are issued.

7. HMRC MTD VAT connection

Where you use MTD VAT features, you are responsible for authorising the Application through HMRC’s authorisation process.

You understand and agree that:

• we are not HMRC;
• HMRC may change, suspend or withdraw API services;
• HMRC authorisation may expire or be revoked;
• HMRC may reject API requests or VAT submissions;
• the Application depends on the availability and correct operation of HMRC APIs;
• you must check all VAT return figures before submission;
• submission through the Application is made on your instruction.

8. Fraud prevention headers

You agree that, when using HMRC API features, the Application may collect and transmit technical and audit information required by HMRC’s fraud prevention header requirements.

This may include IP address, device, browser, connection, server and request information.

You must not interfere with, block, falsify or manipulate this information.

9. No tax, accounting or legal advice

The Application is a software tool. It does not provide tax, accounting, bookkeeping, legal or financial advice.

You are responsible for:

• deciding whether invoices are correct;
• deciding whether VAT should be charged;
• checking VAT rates;
• checking VAT registration status;
• checking VAT return values;
• checking customer and supplier details;
• obtaining advice from an accountant, tax adviser or solicitor where needed.

We are not responsible for penalties, interest, rejected VAT returns, incorrect VAT calculations, incorrect invoices or missed deadlines caused by incorrect data, user error, misconfiguration or failure to obtain professional advice.

10. Invoice and VAT data accuracy

You are responsible for ensuring that all data entered into the Application is accurate and complete.

You must review invoices, credit notes and VAT submissions before sending, issuing, locking or submitting them.

11. Issued invoices and credit notes

Where the Application supports issued or locked invoices, you understand that issued invoices may need to be corrected through credit notes or other proper accounting records. You are responsible for ensuring that your invoice correction process complies with applicable VAT, tax and accounting rules.

12. Record keeping

You are responsible for keeping records required by law.

The Application may assist with record keeping, but it is not your sole record-keeping safeguard unless you have verified that it meets your business needs.

You should regularly export or back up important records where appropriate.

13. Email sending

Where the Application sends emails, such as invoices, reminders, password resets or notifications, delivery is not guaranteed.

Emails may be:

• delayed;
• rejected;
• blocked;
• marked as spam;
• affected by recipient mail server rules;
• affected by SPF, DKIM, DMARC or domain configuration;
• affected by third-party email provider issues.

You are responsible for checking important communications and ensuring critical invoices or notices have been received where necessary.

14. Payments and subscriptions

Fees, billing periods and Subscription limits will be set out on our website, proposal, invoice or order form.

Unless otherwise agreed:

• fees are payable in advance;
• fees are non-refundable except where required by law or expressly agreed;
• we may suspend access for non-payment;
• we may change pricing by giving reasonable notice;
• you are responsible for any applicable VAT or taxes.

15. Free trials or beta access

Where we offer a free trial, sandbox, beta or early access version:

• access may be limited;
• features may change;
• data may be deleted at the end of the trial;
• production HMRC submissions may not be available unless expressly enabled;
• we may withdraw trial or beta access at any time.

Beta features may be incomplete, unstable or subject to change.

16. Acceptable use

You must not use the Application to:

• break the law;
• submit false or fraudulent VAT information;
• impersonate another person or organisation;
• access another tenant’s data without permission;
• upload malware or harmful code;
• attempt to bypass security controls;
• overload, probe, scan or attack the system;
• scrape or reverse engineer the Application;
• send spam or unlawful marketing;
• store data you have no right to process.

17. Third-party services

The Application may depend on third-party services, including:

We are not responsible for third-party service failures, outages, changes or errors, but we will take reasonable steps to maintain the Application where possible.

18. Availability and maintenance

We aim to provide a reliable service, but we do not guarantee uninterrupted or error-free access.

The Application may be unavailable due to:

• planned maintenance;
• emergency maintenance;
• hosting issues;
• cyber incidents;
• HMRC API downtime;
• third-party provider failures;
• internet or network problems;
• force majeure events.

We may update, improve, remove or replace features from time to time.

19. Support

Support will be provided according to your Subscription, order form or support agreement.

Unless otherwise agreed, support does not include:

• accountancy advice;
• tax advice;
• bookkeeping services;
• legal advice;
• correcting your business records;
• recovering data deleted by your Users;
• custom development;
• support for unsupported browsers or devices.

20. Customer Data

You retain ownership of your Customer Data.

You grant us the right to process Customer Data as necessary to:

• provide the Application;
• maintain and secure the system;
• provide support;
• create backups;
• investigate errors or abuse;
• comply with legal obligations;
• connect to HMRC where you instruct us to do so.

We will not sell your Customer Data.

21. Backups and data export

We may maintain backups for disaster recovery and operational purposes.

Backups are not intended as a substitute for your own export, archive or record-keeping obligations.

Where available, you may export invoices, credit notes, payments, customer records or VAT-related records from the Application.

22. Confidentiality

Each party must keep the other party’s confidential information confidential and use it only for purposes connected with the service.

Confidential information does not include information that:

• is already public;
• was lawfully known before disclosure;
• is independently developed;
• must be disclosed by law or regulation.

23. Intellectual property

We own or license all intellectual property rights in the Application, including software, design, code, database structure, branding, documentation and system processes.

You must not copy, resell, modify, reverse engineer or create derivative works from the Application except as permitted by law or with our written consent.

You retain ownership of your own business data, logos, branding, invoice content and uploaded materials.

24. Data protection

Both parties must comply with applicable data protection laws.

Where we process personal data on your behalf as processor, we will:

• process it only to provide the service and follow your lawful instructions;
• take appropriate security measures;
• assist you reasonably with data subject requests where applicable;
• ensure authorised personnel are subject to confidentiality obligations;
• use subprocessors where necessary to provide the service;
• remain responsible for our subprocessors as required by law;
• delete or return data at the end of the service where reasonably possible, subject to backups, legal obligations and retention requirements.

Our Privacy Policy explains how we process personal data.

25. Security

We will take reasonable technical and organisational measures to protect the Application.

You are responsible for:

• using strong passwords;
• protecting login details;
• limiting user access;
• checking user permissions;
• using secure devices;
• promptly reporting suspected security issues;
• maintaining your own internal controls.

26. Suspension

We may suspend access to the Application where we reasonably believe:

• you have breached these Terms;
• payment is overdue;
• your account is being misused;
• there is a security risk;
• the Application is being used unlawfully;
• suspension is required by law, HMRC, a regulator or a third-party provider.

Where reasonable, we will try to notify you before or shortly after suspension.

27. Termination

You may cancel your Subscription in accordance with your plan or order form.

We may terminate your access if:

• you materially breach these Terms;
• you fail to pay overdue fees;
• you misuse the Application;
• you become insolvent or cease trading;
• we withdraw the service;
• we are required to do so by law or a regulator.

After termination, access to the Application may stop and you may lose access to Customer Data unless you have exported it.

28. Liability

Nothing in these Terms excludes or limits liability that cannot legally be excluded, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation.

Subject to that, we are not liable for:

• loss of profit;
• loss of revenue;
• loss of business;
• loss of goodwill;
• loss of anticipated savings;
• indirect or consequential loss;
• VAT penalties caused by inaccurate data or user error;
• rejected HMRC submissions caused by incorrect data, expired authorisation or HMRC issues;
• email delivery failure;
• third-party service failure;
• loss caused by your failure to export or retain records.

29. Indemnity

You agree to indemnify us against claims, losses, damages, costs and expenses arising from:

• your unlawful use of the Application;
• inaccurate data supplied by you;
• unauthorised use of HMRC credentials or authorisation;
• your breach of data protection law;
• your breach of these Terms;
• claims by your customers, suppliers, employees or Users relating to your use of the Application.

30. Changes to the service or Terms

We may update the Application and these Terms from time to time. Where changes are significant, we will provide reasonable notice by email, website notice or in-app notification. Continued use of the Application after changes take effect means you accept the updated Terms.

31. Force majeure

We are not responsible for delay or failure caused by events outside our reasonable control, including:

• internet failure;
• cyberattack;
• power failure;
• hosting provider outage;
• HMRC API outage;
• government action;
• war;
• terrorism;
• epidemic;
• fire;
• flood;
• industrial dispute.

32. Assignment

You may not transfer your rights or obligations under these Terms without our written consent. We may transfer our rights and obligations as part of a business sale, restructuring, merger or transfer of the Application.

33. Severability

If any part of these Terms is found to be invalid or unenforceable, the rest will continue to apply.

34. No waiver

If we do not enforce a right immediately, this does not mean we have waived that right.

35. Governing law and jurisdiction

These Terms are governed by the laws of England and Wales. The courts of England and Wales will have exclusive jurisdiction, unless mandatory law gives you the right to bring proceedings elsewhere.

36. Contact

For questions about these Terms, contact: