Terms and Conditions

  1. Introduction

    1. The following sets out the Terms and Conditions for 34Square Limited (“34Square) a company registered in England and Wales under the registration number 12495418 and a company address of Wingfield House, Brunstead Road, Branksome Gardens, Poole, Dorset, United Kingdom, BH12 1EJ.
    2. These Terms and Conditions apply in whole or in part to all individuals or entities who use, interact with or just visit the site. Specific obligations are outlined below. If a specific term or clause is not clearly indicated as applying only to a certain group then that term or clause applies to anyone whether they are a user or visitor.

  2. Information about 34Square

    1. 34square offers products and services in support of IR35 compliance, with an emphasis placed upon that aim to helping freelance contractors and clients stay committed to the mutual value that outside IR35 service delivery represents.
    2. The services are provided through a subscription-based service. Products and services available to subscribers will vary over time as 34square aims to support its members in their commitment to delivery of services outside IR35.

  3. Subscription Service:

    1. This website (www.34square.com) provides the following subscription options (all quoted fees will have VAT added at the prevailing rate) :
      • Annual first year fee: £99
      • Automatic or manual renewal with no lapse: £70
      • Re-subscribe after a lapse: £99.
    2. Subscribers can elect to automatically renew annually with the above fees applying. Subscribers who do not elect auto-renewal, will be reminded of the renewal date in the month prior.

  4. Payment

    1. 34Square accepts payment by credit card.

  5. Provisions of service

    1. As required by law, 34Square provide the Services with reasonable skill and care, consistent with any best practices and standards, and in accordance with any information provided by members in regards to the Services provided or the Site. Contractor limited company members will be able to access those Services relevant to their user profile type upon receipt of their subscription payment and establishment of their member account.
    2. Client and recruiter members register for free. Applicable services will be available once registered.
    3. In certain circumstances, for example where a technical problem arises, 34Square may need to suspend or otherwise interrupt the Services to resolve the issue In the event of any service interruption, 34square aims to ensure services are resumed as quickly as possible and will endeavour to ensure a holding page is available that provides information to the user regarding the outage.

  6. Cancellation/Termination

    1. Cancellation:
      Contractor limited company subscribers may cancel their subscription within 30 days of becoming a subscription member for a full refund unless the member has used any of the document generating tools within this period of time. This action will constitute an acceptance of the full terms and conditions of this site and the member can only terminate pursuant to the terms below.
    2. Termination After 30 Days:
      Any Termination after the initial 30 days by either party will not be eligible for a refund as full value is received from the beginning of the subscription.
    3. Termination:
      Members may elect not to renew their subscription at the point it becomes due. In such a case, once their renewal date has passed, they will no longer have access to the site or any of its services. For the avoidance of doubt, if any services are in a partial state of completion, the member will be unable to complete those services.

  7. Warranties and Limitations of Liability

    1. Nothing in these Terms of Use seeks to exclude or limit 34Square’s liability for death or personal injury caused by negligence (including negligent actions taken by employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
    2. 34Square makes no representation, warranty, or guarantee that the Site will meet a particular member’s requirements, that it will not infringe rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. If, as a result of failure on the part of 34Square to exercise reasonable care and skill, any digital content from the Site that causes damage to a device or other digital content belonging to either a Customer or visitor to the site, certain legal remedies may be available. For more details concerning legal rights and remedies as a consumer, please contact Citizens Advice Bureau or Trading Standards Office.
    3. 34Square makes reasonable efforts to ensure that the content on the Site is complete, accurate and up-to-date. 34Square does not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate and up-to-date. *Please note that this exception does not apply to information concerning services for sale through our Site.
    4. To the fullest extent permissible by law, 34Square accepts no liability to any visitor to the Site for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) of the Site alone or the use of or reliance upon any Content included on the Site.
    5. 34Square exercise all reasonable skill and care to ensure that the Site is free from viruses and other malware, however subject to other provisions of these terms, 34Square accepts no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of use any of the Site (including the downloading of any content from it) or any other site referred to on the Site.
    6. 34Square expressly excludes liability for the following:
      • Any determination by any service provider or the HMRC that an engagement between any member company and of its clients, past, present or future, determined by an assessment on 34square to be outside IR35, is inside IR35, on the basis that 34square is in no position to control actual behaviours and processes during an engagement or how those behaviours and processes may be represented under questioning or alternative assessment process;
      • Any proceedings initiated by HMRC or any other party in respect of an alleged invalid outside IR35 determination or any other cause;
      • Any legal or other disputes between subscribing companies or their resources;
      • Any loss or damage incurred as a result of any dealings or transactions between member companies or their resources or directors;
      • Any loss or damage in connection with execution of business between member companies and client organisations incurred by any involved party; and
      • Any loss or damage incurred by member companies or their resources as a result of subscription to 34Square that it is not directly related to the terms of business between 34Square and member companies.

  8. Communication and Contact details

    1. To contact 34Square with general questions or complaints or for matters relating to particular Services or a specific Order, or for matters relating to cancellation, please contact the following email [email protected].

  9. Data protection

    1. These Terms and Conditions have been drafted in line and in accordance with the Data Protection Act 2018 and GDPR. Use of this Site is also governed by a Cookie and a Privacy Policy which can be found here. These policies are incorporated into these Terms and Conditions by this reference. 34Squared understands that it is a data controller as defined by the Data Protection Act 2018 as outlined in its Privacy Policy.

  10. Intellectual Property Rights:

    1. With the exception of User Content, all Content included on the Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by 34Square. All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.

  11. Links to the Site

    1. Links to the Site are permitted provided that:
      • It is done so in a fair and legal manner;
      • It is not done so in a manner that suggests any form of association, endorsement or approval on 34Square’s Part where none exists;
      • They do not use any logos or trademarks displayed on the Site without express written permission; and
      • They do not do so in a way that can damage the reputation of or take unfair advantage of 34Square.
      Links may be made to any page of the Site provided compliance with the terms set out above.

  12. Links to other sites

    1. Links to other sites may be included on the Site. Unless expressly stated, these sites are not under 34Square’s Control. 34Square neither assumes nor accepts responsibility or liability for the content of third-party sites. The inclusion of a link to another site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

  13. Viruses, Malware, Security

    1. 34Square exercises all reasonable skill and care to ensure that the Site is secure and free from viruses and other malware. 34Square does not, however, guarantee that the Site is secure or free from viruses or other malware and accepts no liability in respect of the same.
    2. Visitors must not attempt to gain unauthorised access to any part of the Site, the server on which the Site is stored, or any other sever, computer, or database connected to the Site.

  14. Acceptable use policy

    1. The Site may only be used in a manner that is lawful and that complies with the provisions of these terms. Specifically:
      • Visitors must ensure that they comply fully with any and all local, nationals or internationals laws and/or regulations;
      • Visitors must not use the Site in any way, or for any purpose, that is unlawful or fraudulent;
      • Visitors must not use the Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
      • Visitors must not use the Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
    2. 34Square reserves the right to suspend or terminate a member’s access to the Site if a member materially breaches the provisions of these terms or any of the other provisions of these Terms of Use. Specifically, 34Square may take one or more of the following actions:
      • Suspend, whether temporarily or permanently, the right to access the Site;
      • Issues a written warning;
      • Take legal proceedings for reimbursement of any and all relevant costs on an indemnity basis resulting from a breach;
      • Take further legal action as appropriate;
      • Disclose such information to law enforcement authorities as required or as 34Square deem reasonably necessary; and/or
      • Any other actions which 34Square deem reasonably appropriate (and lawful).
    3. 34Square hereby excludes any and all liability arising out of any actions (including, but not limited to those set out above) that 34Square may take in response to breaches of these Terms and Conditions.

  15. Privacy and cookies

    1. Use of the Site is also governed by Cookie and Privacy Policies, available here. These policies are incorporated into these Terms of Use by this reference.

  16. Changes to these Terms and Conditions

    1. 34Square may alter these Terms of use at any time. If 34Square does so, details of the changes will be highlighted at the top of this page. Any such changes will become binding on all visitors upon each and upon first use of the Site after the changes have been implemented. All visitors are therefore advised to check this page from time to time.

  17. Severability and Waiver

    1. If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
    2. No failure or delay by 34Square In exercising any of its rights under these Terms of Use means that 34Square has waived that right, and no waiver by 34Square of a breach of any provision of these Terms of Use means that 34Square will waive any subsequent breach of the same or any provision.

  18. Law and Jurisdiction

    1. These Terms of Use, and the relationship between 34Square and customers or visitors to the Site (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England and Wales.
    2. Any disputes concerning these Terms of Use, the relationship between customers, visitors and 34Square, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England and Wales.