General – Purpose of Beamin™
The Beamin™ App is a VAT service for self-employed workers designed to provide and manage their flat rate VAT status and environment to facilitate greater take home pay, where practical.
In order to do so, it is important that both you and Beamin are aware of certain conditions and requirements. These are detailed below. Your use of the Beamin™ App is provided by Beamin Limited. The Beamin™ App is a business-to-business service. You must be 18 years old or over to accept these terms and conditions and use the Beamin™ App. Your use of the Beamin™ App and receipt of Beamin’s services is governed by these terms and conditions. By clicking the “accept” button below you agree to these terms and conditions which will be binding. If you do not agree to these terms and conditions, click on the “reject” button below.
Please ensure you read the Table of Terms contained within Appendix 2 in conjunction with these terms and conditions.
We are regulated by HMRC under the HMRC AML Supervision and Registration Service and are required to undertake AML checks. We use Wise to conduct these AML checks. We also use the Wise Invoicing and Payments Platform and outsource various processes and services to Wise, including, but not limited to, customer service, payments, and technical services.
Responsibilities of Beamin™
Unless you are already VAT registered when joining the Beamin™ App, and provide us with your valid VAT number, We will register you with HM Revenue & Customs (HMRC) for VAT and apply for you to join the VAT Flat Rate Scheme. This is generally referred to as FRV.
FRV provides for a simplified VAT process for small businesses and independent operators. A full explanation of how FRV operates is available on the Gov.uk website and can be viewed via the following link: https://www.gov.uk/vat-flat-rate-scheme and is summarised in Appendix 1 – Flat rate VAT scheme overview.
We will register you for FRV and prepare your quarterly FRV returns under the FRV scheme and future FRV returns as required following our engagement. We will use the invoices and information raised by us on your behalf (primarily through the Invoicing and Payments Platform) together with any other information you provide us via the Beamin™ App to prepare your FRV returns.
We will seek your approval prior to submitting your FRV returns to HMRC. However, if you fail to respond to our approval request, we may submit the FRV returns on your behalf using the information available in order to avoid you incurring additional penalties, charges and interest. After obtaining your approval and signature (or not, should you fail to respond), we will submit your FRV returns to HMRC.
We will plan our work on the basis that no report is required by statute or regulation unless you inform us in writing to the contrary. In carrying out our engagement, we will make enquiries of you and undertake any procedures that we judge appropriate but are under no obligation to perform procedures that may be required for assurance engagements such as audits or reviews.
We will calculate your VAT liabilities, tell you how much you owe and when these fall due for payment (see clause 1.2 above). Your VAT liability, together with the monies held on your behalf to pay your VAT bill, will be clearly visible on the Beamin™ App.
If insufficient funds are held to settle your VAT liability in full, we will advise you of the amount due and payment details, which you are responsible to settle directly with HMRC.
This could arise, for example, if you have other invoiced income raised outside of the Invoicing and Payments Platform. Should you fail to pay any additional amounts due in full and on time, you will be potentially liable to interest, penalties and/or surcharges.
We accept no liability for any costs or charges that may arise in these circumstances.
The rates for surcharges and penalties are explained on the HMRC website and can be viewed by following this link: https://www.gov.uk/guidance/how-late-payment-penalties-work-if-you-pay-vat-late
We will ensure that you are copied in on any relevant communication with HMRC regarding your VAT affairs that arise outside of the information contained within the Beamin™ App.
Where you have instructed us to do so, we will also provide other, VAT-related, ad-hoc and advisory services as may be agreed between us from time to time.
Providing you (i) meet the qualifying criteria of 30 paid for weeks of FRV services in any accounting or tax year, and (ii) provide copies of all additional income that you have earned and that you have invoiced outside of the Invoicing and Payment Platform, and (iii) submitted your expenses to Us we will calculate your income tax, national insurance contributions (NIC) and any capital gains tax liabilities.
We will then advise you how much you owe to HMRC, when this needs to be paid, and any other relevant payment details. We will advise on the interest, penalty and surcharge implications if tax or NIC is paid late. We will also check HMRC’s calculation of your tax and NIC liabilities and initiate repayment claims if tax or NIC has been overpaid.
The following services will be subject to separate terms and conditions and charges. We will agree any additional fees with you in advance of commencing any work. We can only do so if you forward any communication received from HMRC to us – it remains your responsibility to do so. Examples of such work may include, but is not limited to, the following:
Advising on ad-hoc transactions, preparing additional supplementary pages to your FRV return and calculating any related liabilities;
Dealing with any enquiry opened into your FRV return by HMRC arising from a submission by Beamin™.
Should HMRC raise any VAT assessments or enquiries, we will review HMRC’s calculation of your VAT liabilities and initiate repayment claims as appropriate.
Preparing any amended returns which may be required and corresponding with HMRC as necessary;
Negotiating VAT refunds on your behalf; and
Undertaking back dated VAT applications.
Should any specialist advice be required, we will refer you to an appropriate specialist. We take no responsibility for the work of, or advice given by others.
As part of our normal procedures, we may request you to provide written confirmation of any information or explanations given to us verbally throughout our engagement.
We will not accept responsibility if you act on advice given by us on an earlier occasion without first confirming with us that the advice is still valid in the light of any change in the law or your circumstances.
We accept no liability for losses arising from changes in legislation or the interpretation thereof that are first published after the date on which our advice is given.
Beamin™ will only accept and be bound by written confirmations.
You are legally responsible for ensuring that your FRV returns are correct and complete; this includes additional sources of income that need to be recognised in your quarterly FRV returns.
Failure to do so may lead to automatic penalties, surcharges and/or interest. Individuals or Organisations registered for VAT cannot delegate this legal responsibility to others. You agree to check that the FRV returns that we have prepared on your behalf are complete and accurate before you approve them for submission.
Your attention is specifically drawn to (i) the criteria that you, as a sole trader, or your business, if trading as a company, must satisfy to be eligible for the FRV scheme, (ii) application of the Limited Cost Business Rules.
By signing these terms and conditions you confirm that (i) you satisfy the eligibility criteria to be registered for the FRV scheme, and (ii) have reasonable grounds to expect to satisfy the Limited Cost Business Rules.
To enable us to carry out our work, you agree, by accepting these terms and conditions:
That all FRV returns are to be made on the basis of full disclosure of all sources of income and charges;
To provide full information necessary for dealing with your affairs: we will rely on the information and documents being true, correct and complete and will not audit or validate the information or those documents;
To authorise us to approach such third parties as may be appropriate for information that we consider necessary to deal with your affairs;
To provide us with information in sufficient time for your FRV return to be completed and submitted by the appropriate HMRC deadline. In order that we can do this, we need to receive all relevant information in a timely fashion to complete our work. We will advise you of these dates should the need arise; and
You will keep us informed of material changes in your circumstances that could affect your VAT liability. If you are unsure whether the change is material or not, please let us know so that we can assess the significance.
You will forward to us any HMRC VAT statements of account, copies of notices of VAT assessments, associated letters and other communications in time to enable us to deal with these as necessary within the statutory time limits. Although HMRC has the authority to communicate with us when form 64-8 has been signed and submitted, it is essential that you let us have copies of any VAT correspondence received because HMRC is not obliged to send us copies of all communications issued to you.
If you are already registered for VAT, we are not responsible for any VAT matters prior to our appointment. Further to enable us to act on your behalf you must provide us with: (i) your VAT number; (ii) your date of VAT registration; (iii) a copy of your VAT certificate; (iv) a copy of your last two submitted VAT returns; and (v) authorise us to be your agent. If you fail to do so we cannot act on your behalf, and you remain personally responsible for your VAT affairs.
We accept no responsibility or liability arising from any failure on your part to adhere to the terms stated above (clause 2.1-2.4).
If you are not registered for VAT, we will register you with HMRC and to do so you authorise us to set up a personal Government Gateway and submit a 64-8 form on your behalf, which will allow us to access information held by HMRC and could be required by HMRC to complete your VAT registration. Once we have accessed the required information on your behalf and have registered you for VAT, we will delete any personal Government Gateway we have created on your behalf.
For us to be able to act as agents on your behalf to prepare and submit your FRV returns as well as dealing with HMRC, it is your responsibility to ensure that you have set up a business tax account, with VAT added as a service. Once you have VAT added as a service you must authorise Beamin as your agent, this is done by accepting a digital handshake on your business Tax Account.
You can create a Government Gateway ID using the following link: https://www.access.service.gov.uk/registration/email
If you are already VAT registered, there is a chance that you already have an account, however, we will not be able to retrieve passwords or user ID’s from HMRC, therefore the onus will be on you to ensure you have all the correct details at the point of engagement.
If you have any queries regarding your Government Gateway credentials, you can call HMRC on 0300 200 3700.
Having applied for your VAT number and once your VAT effective date has passed, we will to the extent that your VAT registration has not been obtained from HMRC, raise invoices to your customer(s) including an on-account charge equal to the VAT payable on such invoice. We will raise a VAT only invoice to your customers and replace the on account amount once your registration details are received from HMRC. Should you leave Beamin™ App for any reason prior to your VAT registration being completed, we require a minimum period of six (6) weeks before any and all on-account monies held on your behalf will be returned to the relevant customers that were charged, this enables us to ensure that your VAT affairs with HMRC are in order.
Following selection of the Beamin™ App, you will not be offered the option to downgrade your product selection to the Invoicing and Payments Platform or terminate these terms and conditions until an Eligible Downgrade Date. Should you either select Invoicing and Payments Platform or be moved to this service, it is subject to separate terms and conditions, a copy of which are set out in Appendix 4 – Invoicing and Payments Platform terms and conditions. By agreeing to the Beamin™ App terms and conditions you automatically agree to the Invoicing and Payments Platform terms and conditions.
Our services and charges are only intended to cover work carried out under the HMRC FRV scheme. Should you wish to transfer to an alternate VAT scheme, such work is not covered under these terms and conditions and will be subject to separate terms and conditions and charging mechanism.
Under the operation of the Beamin™ VAT platform, operating in conjunction with your registration under FRV, we will generate and hold monies on your behalf to settle your VAT liabilities (created on the Invoicing and Payments Platform only) and potentially additional funds which you can access via the Beamin™ App.
By agreeing to these terms and conditions you specifically confirm your agreement to both of (i) us acting on your behalf; and (ii) handling these monies on your behalf. This applies to both amounts due to HMRC in respect of FRV and any money held on your behalf to settle this FRV liability will be clearly visible on your Beamin™ App. These funds will be held in separately administered bank accounts operated under HMRC anti-money laundering (AML) arrangements. Further, these accounts will be subject to annual independent audit and our audited accounts can be viewed on the Companies House website.
You will not be able to receive payments from your Beamin™ account until a) you have a VAT registration number; and b) you have registered on the business tax, and c) appointed us as your agent. We aim to pay you on the (“Payment Date”) by agreeing to the Withdrawal Process.
Beamin will attempt to register you for VAT for a period of twelve (12) weeks from the date on which you apply for the Beamin service (the “Application Period”). If, at the end of the Application Period, HMRC has not registered you for VAT you will automatically be transferred to the Wise invoice service, and the Beamin services will be terminated.
Should you wish to terminate these terms and conditions and the Beamin™ FRV services, you can do so at any time following the Eligible Downgrade Date by contacting the Beamin™ helpline, such notification being a Termination Event.
Should you wish to deregister for VAT, you can do so at any time following the Eligible Downgrade Date by contacting the Beamin™ helpline, this being a Termination Event.
Beamin retains the right, at its sole discretion, to terminate these services if it has reason to believe that you are no longer carrying out VAT related services, this being a Termination Event.
You should be aware that if you are deregistered for VAT, you will not be eligible to re-join the FRV scheme for a further 12 months from the effective de-registration date.
Consequences of termination
Following a Termination Event Beamin will continue to provide you with the FRV Services, including the filing of your final VAT return, until the end of the VAT quarter in which you serve notice.
Upon filing of your VAT return following a Termination Event you will automatically be (i) transferred to the Wise invoice service, (ii) off-boarded from the Beamin platform, (iii) your access to the Beamin™ App will be revoked, (iv) these terms and conditions will terminate.
Should you terminate the Beamin services and wish to remain registered for VAT Beamin will (i) resign as your VAT Agent, and (ii) provide you with the VAT information that it has on file, and you will assume responsibility for managing your VAT obligations from that date onwards.
Should you terminate the Beamin services and wish to be deregistered for VAT Beamin will (i), deregister you for VAT, and (ii) resign as your VAT Agent.
On termination of these terms and conditions (and your use of the Beamin™ App):
all outstanding sums owed to us by you shall become immediately due and payable;
any provision of these terms and conditions that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
Termination of these terms and conditions (and your use of the Beamin™ App) shall not affect any rights, remedies, obligations, or liabilities of the parties that have accrued up to the date of termination.
Communication between us is confidential, and both parties will take all reasonable steps to keep the other party’s information confidential except where the disclosing party is required to disclose it by law, by regulatory bodies, or by insurers. Unless one party authorises the other party to disclose information on its behalf, this undertaking will apply during and for 5 years after these terms and conditions (and your use of the Beamin™ App) comes to an end after this engagement.
The provisions of this clause 6 shall not apply to any confidential information that:
is or becomes generally available to the public (other than as a result of its disclosure by the receiving party or its representatives in breach of this clause 6);
was available to the receiving party on a non-confidential basis before disclosure by the disclosing party;
was, is or becomes available to the receiving party on a non-confidential basis from a person who, to the receiving party’s knowledge, is not bound by a confidentiality agreement with the disclosing party or otherwise prohibited from disclosing the information to the receiving party; or
the parties agree in writing is not confidential or may be disclosed.
We may, on occasion, subcontract work on your affairs to other tax or accounting professionals. The subcontractors will be bound by confidentiality terms.
We reserve the right, for the purpose of promotional activity, training or for other business purposes, to mention that you are a client. We will only do this where we have notified you in advance in writing. As stated above, we will not disclose any confidential information when conducting such promotional activity.
Should you have a complaint regarding our service, please contact us as soon as possible using one of the following methods:
email: [email protected]
Phone: +44 (0) 121 822 0182
The fees payable by you under these terms and conditions are detailed in “Appendix 3 – Pricing Table”. By selecting the Beamin™ FRV service, you will automatically receive the Invoicing and Payments Platform, the charges for which will be suspended whilst your VAT registration is pending with HMRC (usually charged at £12.50 per week, excl VAT). Once you are registered with HMRC you will be liable to pay the Wise Invoicing and Payments Platform charges, which are in addition to the charges levied by Beamin, and will be paid out of funds held in your VAT pot.
Our fees will be subject to VAT.
Our fees and charges at clause 8.1 above are subject to periodic review and change and we will advise you of any changes accordingly in accordance with clause 9.
The Registration Fee will become due from the applicable date set out in Appendix 3. The Registration Fee will be deducted from the monies held on your behalf to either (i) settle any VAT liabilities, or (ii) in your VAT pot.
The Weekly Fee will become due from the applicable date set out in Appendix 3 and will recur weekly until you cancel the Beamin™ service in accordance with clause 4 or these terms and conditions are terminated. The Weekly Fee will be deducted from the monies you receive as payments for your services to Main Contractors (i.e. not from monies held on your behalf to settle any VAT liabilities).
If your weekly sales invoicing fails to generate sufficient surplus funds to cover our fees, we will carry this amount forward to future weeks. If, at the end of a four-week period, or month-end (whichever is earlier) there remains insufficient funds to settle our fees, we reserve the right to recover any remaining balance via a deduction from your sales invoices.
If we provide you with an estimate of fees for any additional work outside of your routine quarterly FRV returns, such estimate will not be contractually binding unless specifically agreed.
Our fees will be calculated and charged on a weekly basis. Our service will include the cost of all registrations and associated administration, preparation and submission of FRV returns, customer invoicing and payment and where appropriate deregistration.
Beamin™ reserves the right to recover their fees from any monies held on your behalf.
As described in clause 3.2, by selecting the Beamin™ FRV service you agree that you cannot move or transfer to the Invoicing and Payments Platform or terminate these terms and conditions for a period of 12 weeks from the date in which you sign up to the Beamin™ FRV service. Should you change product selection, we reserve the right to recover any charges and cover costs of services received as well as covering administration costs incurred from the income that you charge to a Main Contractor via the Wise Invoicing and Payment Platform or from funds held to cover your VAT liabilities or funds in your VAT pot.
You must adhere to our FRV return guidelines. Failure to supply the information may result in HMRC imposing penalties, which will be your responsibility and liability.
We reserve the right to ask for an additional fee to finalise your VAT affairs if the requirements stated above are not met. Such work to be charged at a rate of £50 per hour (excluding VAT).
Annual Price Increase
The fees payable under these terms and conditions for the software is subject to an annual price increase equal to the greater of 5.00% or RPI, which will take effect on the first calendar day of each year.
We will notify you of any price increase at least ninety (90) days prior to the effective date of the increase. Such notice will be delivered to you in writing by email, to the email address specified in clause 29.
If you do not agree to the price increase, you may terminate these terms and conditions by giving written notice to us no later than thirty (30) prior to the effective date of the increase, such termination to take effect from the date of your next VAT quarter end. If you do not provide such notice, you will be deemed to have accepted the new pricing terms.
The price increase will not apply to any pre-paid subscription periods that were paid for before the effective date of the increase.
This clause shall survive termination of these terms and conditions and shall remain in full force and effect thereafter.
Acceptable Use Restrictions
only use the Beamin™ App for its intended purpose, which is as described in the accompanying documentation and as authorized by us;
protect your login details and keep all passwords confidential. Your log in details are personal to you. We are not responsible for any action that occurs as a result of unauthorised access to your account;
not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the software, except to the extent that such activities are expressly permitted by applicable law;
not use the Beamin™ App or any service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms and conditions, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Beamin™ App, any service or any operating system;
not use the Beamin™ App to compete with us or to develop a product or service that is similar to the Beamin™ App;
not infringe our intellectual property rights or those of any third party in relation to your use of the Beamin™ App or any service, including by the submission of any material (to the extent that such use is not licensed by these terms);
not remove or alter any copyright, trademark, or other proprietary notices contained in the Beamin™ App or any copies thereof.
not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Beamin™ App or any service;
not use the Beamin™ App or any service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; or
not collect or harvest any information or data from any service or our systems or attempt to decipher any transmissions to or from the servers running any service.
We reserve the right to immediately terminate or suspend your access to the Beamin™ App if you do not comply with this clause 10.
Apple AppStore and Google Play (as applicable) Terms Also Apply
The ways in which you can use the Beamin™ App and documentation may also be controlled by the Apple App Store (link) and Google Play’s (link) rules and policies (as applicable) and the appropriate application store’s rules and policies will apply instead of these terms where there are differences between the two.
Without affecting any other right or remedy available to it, either party may terminate these terms and conditions with immediate effect by giving written notice to the other party if:
the other party commits a material breach of any other term of these terms and conditions and (if such breach is remediable) fails to remedy that breach within a period of 14 days after being notified in writing to do so; or
the other party undergoes an Insolvency Event. For the purposes of this clause, “Insolvency Event” means where a person ceases or threatens to cease to carry on business, is unable to pay its debts within the meaning of the Insolvency Act 1986 section 123 (without the need for a determination by a court), has an administrator, receiver, administrative receiver or manager appointed over the whole or any part of its assets, enters into any composition with creditors generally, or has an order made or resolution passed for it to be wound up (unless as part of any scheme for solvent amalgamation or solvent reconstruction) or undergoes any similar or equivalent process in any jurisdiction or undergoes any other arrangement which affects the rights of creditors.
Without affecting any other right or remedy available to it, we may terminate these terms and conditions with immediate effect by giving written notice to you if you fail to pay any amount due under these terms and conditions on the due date for payment and remains in default not less than 14 days after being notified in writing to make such payment.
VAT Flat Rate Scheme and Benefits
Beamin™ will, if required, register you for VAT, enrol you on the FRV scheme and submit FRV returns and payments to HMRC on your behalf.
Beamin™ will also deregister you when you no longer wish to be part of the FRV and/or be VAT registered.
By registering for FRV, any difference between the VAT charged and collected on your invoices and the VAT payable to HMRC will be retained and used to pay all our professional fees, with the surplus available to you via the Beamin™ App.
Any surplus funds (11.3 above) will be visible on the Beamin™ App and you will be able to access any surplus funds in line with the Withdrawal Process. Such amount as requested will be transferred direct to your bank account on that date, provided always that sufficient funds remain in place at that time.
Following your registration for FRV, it is your responsibility to supply us with your information detailed in clause 2.5 and to appoint us as your agent with HMRC. You will not be able to access any surplus funds accrued to you (and visible on the Beamin™ App) until you have done so.
Once you are registered for FRV, it is your responsibility to inform every company you intend to engage services with that you are VAT Registered. Additionally, you must notify us when you cease to provide services to a company.
Intellectual Property Rights
You acknowledge that all Intellectual Property Rights in the Beamin™ App and the services are owned by and shall remain owned by Beamin™ or the relevant third-party owners (as the case may be) and the rights in the Beamin™ App are licensed (not sold) to you, and you shall have no rights in or to the Beamin™ App other than the right to use it in accordance with these terms and conditions. We grant you a revocable, non-exclusive, non-transferable, non-sublicensable right and licence, to permit you to use the Beamin™ App throughout the duration that these terms and conditions are in effect solely for your internal business operations.
Limitation of Liability
We will provide our services as outlined with reasonable skill and care. We will not be responsible for any losses, penalties, surcharges, interest or additional tax liabilities when either our advice has not been followed correctly or you have failed to respond or supply information in a reasonable timescale.
We shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any:
(in each case whether direct or indirect) loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss; or
for any special, indirect or consequential loss, costs, damages, charges or expenses
however arising under these terms and conditions.
Our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising out of or in connection with these terms and conditions, the performance of any service by us and/or your use of the Beamin App shall be limited to the amount of unpaid VAT generated via the Invoicing and Payments Platform, subject to a maximum liability of £866.67.
Sharing of information
Subject to the provisions of clause 6 (Confidentiality), clause 18 (Data Protection) and clause 27 (No Partnership or Agency), By signing these terms and conditions, you give Beamin™ permission to share necessary information with third parties when acting on your behalf.
Upon receiving a written request, we will provide you with details of our public liability insurance policy.
How we use any personal data you give us is set out in our Privacy Notice. We confirm that we will comply with applicable UK Data Protection Law when processing personal data about you. In order to carry out the services of this engagement and for related purposes such as updating and enhancing our client records, analysis for management purposes and statutory returns, legal and regulatory compliance and crime prevention, we may obtain, process, use and disclose personal data about you.
To enable us to discharge the services agreed in these terms and conditions, comply with related legal and regulatory obligations, and for other related purposes, including updating and enhancing client records and analysis for management purposes, as a data controller, we may obtain, use, process and disclose personal data about you/ your business/ company/ partnership/ its shareholders/ members/ officers and employees.
You are also an independent controller responsible for complying with applicable UK Data Protection Law regarding the personal data you process, and, accordingly, where you disclose personal data to us, you confirm that such disclosure is fair and lawful and does not contravene relevant requirements.
Nothing within these terms and conditions relieves you as a data controller of your own direct responsibilities and liabilities under UK Data Protection Law.
To the extent that we act as a data processor to undertake the processing of personal data on your behalf, UK Data Protection Law places obligations on you as a data controller, for instance, where we calculate VAT information for you.
To the extent that we act as a data processor, the following shall apply:
You (the controller) appoint us as a processor to process the personal data necessary for us to provide the Beamin™ App and related services to you as described in these terms and conditions (the “Data”) for the purposes described in these terms and conditions (or as otherwise agreed in writing by the parties) (the “Permitted Purpose”). Each party (you and us) shall comply with the obligations that apply to it under UK Data Protection Law. If we become aware that processing for the Permitted Purpose infringes UK Data Protection Law, we shall promptly inform you.
We shall not transfer the Data outside of the UK unless we have taken such measures as are necessary to ensure the transfer is in compliance with UK Data Protection Law.
We shall ensure that any person we authorise to process the Data (an “Authorised Person”) shall protect the Data in accordance with our confidentiality obligations under these terms and conditions.
We shall implement technical and organisational measures to protect the Data (i) from accidental or unlawful destruction, and (ii) loss, alteration, unauthorised disclosure of, or access to the Data (a “Security Incident”).
We shall not subcontract any processing of the Data to a third party subprocessor without your prior written consent. Notwithstanding this, you consent to us engaging third party subprocessors to process the Data provided that: (i) we provide at least 30 days’ prior notice of the addition or removal of any subprocessor (including details of the processing it performs or will perform), which may be given by posting details of such addition or removal in the Beamin™ App; (ii) we impose data protection terms on any subprocessor we appoint that protect the Data, in substance, to the same standard provided for by this clause and grant you, as a third party beneficiary, the right to terminate the subcontract and to instruct the subprocessor to erase or return the Data in the event that we have factually disappeared, ceased to exist in law or has become insolvent; and (iii) we remain fully liable for any breach of this clause that is caused by an act, error or omission of its subprocessor. If you refuse to consent to our appointment of a third party subprocessor on reasonable grounds relating to the protection of the Data, then either we will not appoint the subprocessor or you may elect to suspend or terminate these terms and conditions.
We shall provide reasonable and timely assistance to you (at your expense) to enable you to respond to: (i) any request from a data subject to exercise any of its rights under UK Data Protection Law (including its rights of access, correction, objection, erasure and data portability, as applicable); and (ii) any other correspondence, enquiry or complaint received from a data subject, regulator or other third party in connection with the processing of the Data. In the event that any such request, correspondence, enquiry or complaint is made directly to us, we shall promptly inform you providing full details of the same.
We shall provide reasonable cooperation to you (at your expense) in connection with any data protection impact assessment that may be required under UK Data Protection Law.
If we become aware of a confirmed Security Incident, we shall inform you without undue delay and shall provide reasonable information and cooperation to you so that you can fulfil any data breach reporting obligations you may have under (and in accordance with the timescales required by) UK Data Protection Law. We shall further take any reasonably necessary measures and actions to remedy or mitigate the effects of the Security Incident.
Upon termination or expiry of these terms and conditions, we shall (at you election) destroy or return to you all Data in our possession or control. This requirement shall not apply to the extent that we are required by applicable law to retain some or all of the Data, or to Data we have archived on back-up systems, in which event we shall securely isolate and protect from any further processing except to the extent required by such law until deletion is possible.
You acknowledge that we are regularly audited against ISO 27001 standards by independent third party auditors. Upon request, we shall supply a summary copy of our audit report(s) to you, which shall be subject to the confidentiality provisions of these terms and conditions.
Insofar as we are permitted to so by law or professional guidelines, we reserve the right to exercise a lien over all funds, documents and records in our possession relating to all engagements for you until all outstanding fees and disbursements are paid in full.
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.
A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.
Except as expressly provided in these terms and conditions, the rights and remedies provided under these terms and conditions are in addition to, and not exclusive of, any rights or remedies provided by law.
These terms and conditions (and the terms relating to the Invoicing and Payments Platform) otherwise referred to herein) contain the whole agreement between the parties relating to the subject matter hereof and supersede all previous and contemporaneous agreements, arrangements and understandings between them, whether written or oral, relating to that subject matter.
Each party acknowledges that, in entering into these terms and conditions, it does not rely on any statement, representation, assurance or warranty (whether it was made negligently or innocently) of any person (whether a party to these terms and conditions or not) (“Representation”) other than as expressly set out in these terms and conditions.
Each party agrees that the only rights and remedies available to it arising out of or in connection with a Representation shall be for breach of contract.
Nothing in this clause shall limit or exclude any liability for fraud.
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
We will give you at least 30 days’ notice of any change by sending you either (1) an email; (2) an update message within the Beamin™ App with details of the change; or (3) notifying you of a change when you next start the Beamin™ App.
If you do not accept the notified changes you will not be permitted to continue to use the Beamin™ App and we may terminate these terms. By continuing to use the services you are deemed to have accepted any variations to the terms and conditions.
If any provision or part-provision of these terms and conditions is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these terms and conditions.
If any provision or part-provision of these terms and conditions is deemed deleted under clause 25.1 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
A person who is not a party to these terms and conditions shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these terms and conditions, but this does not affect any right or remedy of a third party which exists, or is available, apart from that Act.
No Partnership or Agency
Nothing in these terms and conditions is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party except, in the case of Beamin, as expressly provided in these terms.
Each party confirms it is acting on its own behalf and not for the benefit of any other person.
Neither party shall be in breach of these terms and conditions or otherwise liable for any failure or delay in the performance of its obligations if such delay or failure results from events, circumstances or causes beyond its reasonable control. The time for performance of such obligations shall be extended accordingly. If the period of delay or non-performance continues for 14 days, the party not affected may terminate these terms and conditions by giving 14 days’ prior written notice to the affected party.
Any notice given to a party under or in connection with this contract shall be in writing and shall be sent by email to the following addresses (or an address substituted in writing by the party to be served):
Beamin™: [email protected].
You: The email address registered with your Beamin™ account.
Any notice shall be deemed to have been received if sent by email, at the time of transmission, or, if this time falls outside Business Hours in the place of receipt, when Business Hours resume.
This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
Governing law and jurisdiction
These terms and conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these terms and conditions or its subject matter or formation (including non-contractual disputes or claims).
By selecting the Beamin™ VAT product:
a) I authorise Beamin™ to register me for VAT unless I have previously registered to do so.
b) I authorise Beamin™ to register me for the FRV scheme.
c) I authorise Beamin to (i) create a personal Government Gateway and submit a 64-8 form on my behalf to access information required to register me for VAT, and (ii) to delete the account once I am registered for VAT.
d) I authorise Beamin to, after making reasonable efforts to contact me that go unanswered, act on my behalf when interacting with HMRC including, but not limited to signing documents that may be required to register me for VAT and the FRV scheme and to submit documents as may be required by HMRC in relation to VAT filings.
e) I confirm that I satisfy the eligibility criteria to be registered for the FRV scheme
f) I confirm that I have reasonable grounds to expect to satisfy the Limited Cost Business Rules and to have flat rate VAT calculation applied to my VAT-inclusive turnover.
g) I will ensure any documentation received from HMRC will be forwarded to Beamin™.
h) I will fully disclose all information necessary to complete my VAT registration and VAT return’s.
i) I understand that should I wish to change from the Beamin™ VAT product, I will not be offered the option to downgrade to the Invoicing and Payments Platform or terminate these terms and conditions until after the next scheduled VAT return.
j) A one-off set-up fee of £41.67 plus VAT will be applied to my account once I am registered for VAT.
k) With the forthcoming Making Tax Digital (MTD) legislation, I authorise Beamin™ to register me for a personal tax account.
l) If signing on behalf of a legal entity, you warrant that you have the authority to sign on behalf of that legal entity.
m) Should I leave BeaminTM for any reason prior to my VAT registration being completed, I authorise that any and all on-account monies held on my behalf be returned to the relevant customers that were charged.
Appendix 1 – Flat rate VAT scheme overview
The Flat Rate Scheme is a simplified method for small businesses to calculate and pay their Value Added Tax (VAT) to HM Revenue and Customs (HMRC) in the United Kingdom. Under this scheme, businesses apply a fixed flat rate percentage to their VAT-inclusive turnover, making VAT accounting more straightforward.
Eligibility Criteria: To be eligible for the Flat Rate Scheme, your business must meet the following criteria:
Your projected annual taxable turnover (excluding VAT) should not exceed £150,000.
You must be a VAT-registered business.
Your business activities must not fall into categories that are excluded from the scheme, such as financial services or exempt supplies.
Courier flat rate VAT %: Couriers typically fall into a specific sector rate, which can vary depending on your exact courier services and other factors. As of January 2024, the Flat Rate % for courier drivers is 10%, however this is subject to change by HMRC and if it does change, we will update you. In your first year as a VAT-registered business, you will receive a 1% discount on the Flat Rate VAT %, reducing the Flat rate VAT % in this period to 9.00%.
Limited Cost Business Rules: If your courier business is deemed a “limited cost business,” you’ll use a higher flat rate percentage when calculating your VAT liability. A business is considered a limited cost business if its expenditure on goods (excluding capital items, food and drink for consumption, and vehicles) is either:
Less than 2% of its VAT-inclusive turnover during a prescribed accounting period, or
Greater than 2% but less than £1,000 per year.
If your courier business is categorized as a limited cost business, you’ll use a flat rate percentage of 16.5% for your VAT calculations instead of the sector-specific rate.
Calculating Flat Rate VAT: The process for calculating flat rate VAT for couriers is relatively straightforward:
Determine your VAT-inclusive turnover for a specific accounting period, usually quarterly.
Apply the relevant flat rate percentage to your turnover, which, for is currently set at 10%.
If your courier business falls under the “limited cost business” rules, use the higher flat rate percentage of 16.5%.
Calculate the VAT payable by multiplying the applicable flat rate percentage by your VAT-inclusive turnover.
Example: If your courier business has a turnover of £50,000 in a quarter and falls under the standard flat rate percentage of 10%:
VAT payable = £50,000 * 10% = £5,000
As a VAT registered business, you are legally required to submit your flat rate VAT return to HMRC on time, pay any amounts due to HMRC and keep accurate records of your turnover and any allowable expenses. It’s also crucial to periodically review your eligibility and the applicable flat rate percentage, as these may change over time.
Appendix 2 – Table of Terms
The Beamin™ application (including, where applicable, any associated documentation, and the service you connect to via the app and the content we provide to you through it).
Back dated VAT applications
You can voluntarily backdate your VAT Registration Date for a maximum of 4 years from the date your application was received
The period from 9.00 am to 5.00 pm on any day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
Controller, processor, data subject, personal data, processing, process and special categories of personal data
Shall have the meanings given in UK Data Protection Law.
Eligible Downgrade Date
The date on which you can downgrade your Beamin™ product, this being the first VAT quarter ending at least 12 weeks after you start the FRV Service and each VAT quarter end date thereafter.
VAT Flat Rate Scheme
The system used to sign up for the UK government’s online services. Most people used it to log in to HMRC and file their personal tax return
HM Revenue & Customs
Any person or entity who, in the course of trade or business, sells, exchanges, or leases goods or properties, or renders services
Intellectual Property Rights
Patents, utility models, rights to inventions, copyright and related rights, trade marks and service marks, trade names and rights in domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets) and any other intellectual property rights, including all applications for (and rights to apply for and be granted), renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world.
Invoicing and Payments Platform
The platform developed and managed by Wise and which are subject to separate terms and conditions.
Limited Cost Business Rules
Rules applied in each VAT quarter by HMRC for you to qualify for the 10.0% VAT flat rate (less 1.0% in the first year that you are registered for FRV) requiring you or your business to incur expenditure in the amount of the greater of (i) 2% of your VAT-inclusive turnover, or (ii) £250.00. If you are classed as a Limited Cost Business the VAT flat rate is set at 16.5%of your VAT inclusive turnover. [https://www.gov.uk/vat-flat-rate-scheme/how-much-you-pay]
Any company for which you may undertake services for and invoice work to.
An event, occurrence, change in conditions or circumstances, or other change that results in, or could reasonably be foreseen to have, a material effect on the covered company
Making Tax Digital
Any person or entity who, in the course of trade or business, sells, exchanges, or leases goods or properties, or renders services
The date on which you will receive funds released from your VAT pot, as detailed the Withdrawal Process
Means the relevant registration fee as set out in Appendix 3.
UK Data Protection Law
(i) The General Data Protection Regulation (EU) 2016/679 as it forms part of UK law by virtue of section 3 of the European Union (Withdrawal) Act 2018 (the “UK GDPR”), (ii) the Data Protection Act 2018 (the “DPA 2018”), (iii) the Privacy and Electronic Communications (EC Directive) Regulations 2003 as they continue to have effect by virtue of section 2 of the European Union (Withdrawal) Act 2018 (“PECR”), and (iv) any other laws in force in the UK from time to time applicable (in whole or in part) to the Processing of Personal Data, in each case as amended or superseded from time to time.
The Value Added Tax, or VAT is a general, broadly based consumption tax assessed on the value added to goods and services
The unique number that identifies a taxable person (business) or non-taxable legal entity that is registered for VAT
We, us, our or Beamin™
Beamin Limited with registered number 14555046 and having its registered office at 3rd Floor Radcliffe House, Solihull, B91 2AA.
Means the weekly fee as set out in Appendix 3.
With Wise Limited with registered number 12377046 and having its registered office at 3rd Floor Radcliffe House, Solihull, B91 2AA.
The process by which you can withdraw funds from your VAT pot, the dates for which will be communicated to you via the Beamin App]
You / your business / company / partnership / its shareholders / members/ officers and employees, the person who accesses and uses the service
Appendix 3 – Pricing Table
Price (excl VAT)
Registration fee (one-off)
Earlier of the date on which you receive a VAT registration number or Beamin becomes your VAT Agent.*
Date on which you sign up for the Beamin services.
*For the period during which you are waiting for the VAT registration to be processed Wise will suspend the Invoice Fees, such fees being governed by the Invoicing and Payments Platform terms entered directly with Wise.
Appendix 4 – Invoicing and Payments Platform terms and conditions
Wise terms and conditions.
1.1 We will raise invoices on your behalf for the services you provide to your customers, based upon the information provided to us by you or your customers.
1.2 If we are in receipt of a valid VAT number and a copy of your VAT certificate, we will ensure that VAT is correctly applied to the Invoices to your customers.
1.3 When we receive the necessary funds from your customer, we will make a payment to you in settlement of your invoice, including any VAT charged.
1.4 We will settle payments to third-party suppliers that have agreements in place with you. Monies owed to you will be deducted where we have been instructed to do so by you and on your behalf.
2.1 You are legally responsible for:
Registering with HMRC as self-employed;
Ensuring that your self-assessment tax returns are completed and filed with HMRC by the due dates;
Making payment of tax on time.
If you are VAT registered, ensuring that all VAT returns are submitted on time, and the correct amount of VAT is paid to HMRC. Failure to do this may lead to automatic penalties, surcharges and/or interest.
2.2 To enable us to carry out our work, you agree:
To provide full information necessary for dealing with your affairs: this includes but is not limited to the following:
– Full name and address and including any changes;
– Bank details and any changes thereto;
– Details of any changes to your VAT status;
To authorise us to deal directly with third parties, including your customers, as may be appropriate, to obtain information that we consider necessary to deliver our service to you.
Where you may have agreements in place with third-party suppliers to have the first charge over any monies owed to you, you authorise Wise to make such deductions on your behalf and pay the agreed financial obligation directly from any funds due to you.
3.1 Communication between us is confidential, and we shall take all reasonable steps to keep confidential your information except where we are required to disclose it by law, by regulatory bodies, by our insurers or as part of an external peer review.
Unless we are authorised by you to disclose information on your behalf, this undertaking will apply during and after this engagement.
We reserve the right, for the purpose of promotional activity, training or for other business purposes, to mention that you are a client. As stated above, we will not disclose any confidential information.
4.1 Should you have a complaint regarding our service, please contact us as soon as possible.
5.1 Our fee for having access to all the features of the Wise application and for us to process your invoices and payments is £12.50 per weekly invoice, excl VAT. We do not charge fees on the weeks where we do not work on your behalf.
5.2 Our fees will include the cost of raising invoices on your behalf, collecting monies due to you in respect of your invoices from your customers and paying these monies to you. Any additional services requested by you and any associated fees will be agreed before the work is undertaken.
5.3 We reserve the right to deduct any fees due from any monies held on your behalf.
Limitation of Liability
6.1 We will provide our services as outlined with reasonable skill and care. We will not be responsible for any losses, penalties, surcharges, interest, or additional tax liabilities whereby our advice has not been followed correctly.
Sharing of information
7.1 By signing these terms & conditions, you give Wise permission to share necessary information with 3rd parties you are either engaged or looking to engage with when operating on your behalf.
8.1 Upon receiving a written request, we will provide you with details of our public liability insurance policy.
9.1 We confirm that we will comply with the provisions of the Data Protection Act 2018 when processing personal data about you and your family. In order to carry out the services of this engagement and for related purposes such as updating and enhancing our client records, analysis for management purposes and statutory returns, legal and regulatory compliance and crime prevention, we may obtain, process, use and disclose personal data about you.
To enable us to discharge the services agreed in these terms & conditions, comply with related legal and regulatory obligations, and for other related purposes, including updating and enhancing client records and analysis for management purposes, as a data controller, we may obtain, use, process and disclose personal data about [you/ your business/ company/ partnership/ its shareholders/ members/ officers and employees].
We confirm when processing data on your behalf that we will comply with the provisions of all relevant data protection legislation and regulation.
You are also an independent controller responsible for complying with data protection legislation and regulation in respect of the personal data you process and, accordingly, where you disclose personal data to us, you confirm that such disclosure is fair and lawful and other does not contravene relevant requirements.
Nothing within these terms & conditions relieves you as a data controller of your own direct responsibilities and liabilities under data protection legislation and regulation.
Data protection legislation and regulation places obligations on you as a data controller where we act as a data processor to undertake the processing of personal data on your behalf, for instance, where we operate a payroll service for you.
We, therefore, confirm that we will at all times take appropriate measures to comply with relevant requirements when processing data on your behalf. In particular, we confirm that we have adequate security measures in place and that we will comply with any obligations equivalent to those placed on you as a data controller.
10.1 Insofar as we are permitted to so by law or professional guidelines, we reserve the right to exercise a lien over all funds, documents and records in our possession relating to all engagements for you until all outstanding fees and disbursements are paid in full.
We look forward to working for you.