Legal Information and Terms of Usage for XtraPension Ltd

‍THESE TERMS AND CONDITIONS ("Terms") govern your use of the services provided by XtraPension Limited, a Limited Liability Company registered under the laws of Ireland with registered address at Gray Office Park, Headford Road, Galway, H91 WC1P, Ireland ("XtraPension", “We” or “Us”). By accessing, using, or engaging with the services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms. If you do not agree with any provision of these Terms, you should refrain from accessing or using our website and services. These Terms constitute a binding agreement between you and us for the use of the services. We strongly encourage you to carefully review and understand these Terms in order to address any questions or concerns you may have. Our team is available to provide further clarification or assistance as needed. Use of any XtraPension service is deemed acceptance of these Terms and Conditions.

OUR SERVICE

XtraPension provides a document processing service to customers globally who wish to apply to pay voluntary National Insurance Contributions (‘NICs’) to His Majesty’s Revenue & Customs (‘HMRC’) in order to claim and maximise any UK State Pension for which they are eligible as determined by HMRC and/or The Department of Work & Pensions (‘DWP’).

SERVICE TIMEFRAMES

• XtraPension has developed efficient systems and processes to ensure the swift submission of your completed and e-signed application to HMRC, typically within a maximum of 5 business days.
• However, please be aware that processing times at HMRC may introduce delays beyond our control. For customers in Europe, it is unlikely that you will receive a response from HMRC in less than 8 months. For customers outside Europe, the expected response time may extend to 12 months. We understand that these timelines may be longer than anticipated.
• As part of our commitment to customer satisfaction, we provide monthly updates on the current HMRC application processing times. This ensures that you are well-informed about the progress of your application and any potential delays.

WHAT YOU ARE AGREEING TO PAY AND WHEN

XtraPension charges €100 (incl 23% VAT within the EU) as an initial 'Registration fee'. This fee is refundable at any time up until you approve the application documents we compile for you.

Following your approval of the documents and our submission of your application to HMRC, XtraPension will charge you €350 (incl VAT) as an 'Application fee' followed by eight 'Monthly Update' payments of €30 each (incl VAT) When your assessment arrives from HMRC in 8-12 months time, XtraPension will also bill you a final €300 (incl VAT).
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If HMRC / DWP determine that you are not eligible to pay voluntary NICs, you will be entitled to a full refund as per XtraPension’s 100% Money-Back Guarantee.

100% MONEY-BACK GUARANTEE

• XtraPension is committed to doing its utmost to obtain a favourable letter of assessment from HMRC on behalf of eligible applicants. This assessment allows applicants to consider voluntary payment of NICs, which can enhance their UK State Pension entitlements.
• In the unfortunate event that HMRC rejects an application submitted on behalf of an applicant, XtraPension will issue a full refund to the customer. This refund will be processed within two (2) years of the initial registration fee payment. We acknowledge that certain situations may require time for potential appeals to HMRC, particularly since the initial assessment letter from HMRC may take up to 12 months to be received.
• XtraPension will organise all the information required for applying to pay voluntary NICs. We ensure that applicants only pay for the relevant Class of NICs as assessed by HMRC and/or DWP.
• Please note that all the information and guidance provided to existing and potential XtraPension customers is intended solely for informational purposes. The decision to extend the opportunity to pay voluntary NICs to any applicant is solely determined by HMRC/DWP.
• XtraPension is committed to processing applications as expeditiously as possible. The efficiency of this process is subject to customers providing the necessary information and documents and the timely processing of the application by HMRC/DWP.
• In the face of changes to applicable UK state pension rules or revisions in the interpretation or implementation of the rules and laws by HMRC/DWP, XtraPension pledges to fulfil its commitment under these Terms as permitted within the bounds of the law.
• In the event of any dispute or concern regarding the refunds, customers agree to make every effort to resolve the matter amicably and in good faith with XtraPension. Customers agree not to initiate legal action against XtraPension for refunds, except in cases where the refund policy has not been honoured by XtraPension in accordance with the terms outlined herein. XtraPension's liability in connection with refunds is at all times limited to the total amount paid by the customer to XtraPension in connection with the services

EXCEPTIONS TO OUR RESPONSIBILITIES

• XtraPension shall not be responsible for HMRC/DWP assessments on eligibility to pay voluntary NICs where:
  • The customer has provided information which is false, inaccurate, incorrect, insufficient or misleading in any way;
  • The customer has already applied to pay voluntary NICs independently of XtraPension;
  • HMRC/DWP has different information on its system than that provided by the customer;
  • The HMRC/DWP information leads to an assessment that the customer is not eligible to pay voluntary NICs. If there is a possible case for appeal within the boundaries of the law, XtraPension may undertake such measures to appeal an eligibility determination at it’s discretion, provided that additional customer information enables us to do so. However, the final decision regarding the appeal rests with HMRC and DWP.
  • XtraPension will endeavour to help the customer resolve these issues, provided it receives all necessary information and documents in a timely manner from the customer.
  
• We reserve the right to reject applications that do not meet our criteria, which are based on published guidance provided by HMRC. Our review process is conducted diligently to ensure that applications adhere to the HMRC guidelines for eligibility.
• XtraPension also retains the right to reject applications that we reasonably believe, or suspect, may intentionally or unintentionally violate any applicable local, state, federal, or international laws.
• If an application is rejected based on criteria or compliance concerns, we will provide a clear explanation to the applicant outlining the specific reason(s) for rejection.
• Customers have the right to seek clarification or appeal a rejection. We will provide guidance on the appropriate steps to take in the event of an application rejection based on criteria or compliance grounds.

NO FINANCIAL ADVICE

XtraPension operates under the clear understanding that it is not authorised or licensed to provide financial or regulatory advice. Furthermore, we are neither regulated nor authorised to provide pension advice to our customers or website visitors. Our services, information, and materials are not intended to function as a substitute for professional pension advice. Any references to the term "advice" on our website, in marketing materials, or by our agents are purely incidental and not to be construed as the provision of financial, pensions or regulatory advice. Under no circumstances should any communications by phone or email, website material or advertising from XtraPension or its agents be construed as ‘financial advice’. The services offered by XtraPension are for informational and administrative purposes only, primarily involving the organisation and application process for voluntary NICs through HMRC. These services are not intended to serve as substitutes for professional advice, and we do not assume the role of financial or pension advisors, consultants, or regulatory experts. Customers and visitors to our website should be aware that XtraPension does not possess the legal authority to offer financial counsel, recommendations, or interpretations of any financial or regulatory instruments or matters. The guidance we provide is informational in nature, and any decisions or actions taken based on our materials are at the sole discretion of the customer. It is essential for individuals seeking financial or regulatory advice to consult with licensed professionals who are authorised to provide such guidance. XtraPension, its agents, and its affiliates disclaim any responsibility or liability for decisions, actions, or consequences resulting from the use of our materials or services.

HANDLING OF FUNDS FOR VOLUNTARY NATIONAL INSURANCE CONTRIBUTIONS

XtraPension places a significant emphasis on transparency and the precise delineation of our role in assisting individuals with the process of voluntary NICs to HMRC. It is imperative to clearly underscore that XtraPension neither handles nor manages customer funds intended for these contributions. Our involvement in this process is centered on facilitating the organisation, application, and guidance related to voluntary NICs, which allow individuals to maximise their UK State Pension entitlements. It is the responsibility of the customer to directly manage their financial transactions with HMRC regarding any fees or payments associated with voluntary NICs. We do not possess the authority, capability, or legal framework to access, control, or manage the financial accounts or funds of our customers. Any monetary transactions related to NICs, payments, or processing fees are handled exclusively between the individual applicant and HMRC, without the intermediation of XtraPension.

AGENT AUTHORISATION

• It is essential to clarify that XtraPension is not an agent or official representative of HMRC. Instead, we operate in close collaboration with a firm of chartered accountants who are a licensed agent of HMRC, and headquartered in Scotland. The firm is involved in filing our customer applications with HMRC and receiving HMRC responses. Upon signing the HMRC agent authorisation form to engage the firm as your agent for the opportunity to pay voluntary NICs, you agree to be responsible for the payment of service fees as charged by XtraPension for the organisation of the application. This partnership allows us to stay up-to-date with the latest information, guidelines, and requirements set forth by HMRC in relation to NICs. By working closely with a licensed agent of HMRC, we can ensure that our customers receive accurate and reliable information pertaining to voluntary contributions.
• In the event that HMRC delivers the letter of assessment directly to the customer instead of through the firm or XtraPension, the customer is still obligated to fulfill the service fee payment to XtraPension in its entirety. This payment is due for the services provided by XtraPension that resulted in the successful issuance of a positive letter of assessment. Regardless of the method of letter delivery, the service fees remain applicable, and the customer's responsibility for payment persists.
• If the customer does not pay this fee within the timeline prescribed by XtraPension, pursuant to the information above on a voluntary basis or on request from XtraPension, XtraPension reserves the right to:
  • Take legal action to pursue the customer for the fee due;
  • Publish the name of the customer as a Bad Debtor in a local newspaper, on the XtraPension website and other media if the fee has not been paid;
  • Report the customer as a Bad Debtor to the relevant financial institutions in the country of the customer.
  
• All correspondence regarding your application must be handled directly by XtraPension. Any measure taken by you, the customer, to make direct contact with HMRC without first consulting XtraPension will be considered as a breach of contract and our relevant service fees will still apply for all processing work completed by us during the application process.

DATA SUBMISSION

By submitting any data to XtraPension, you acknowledge and agree to the following:

• You understand that XtraPension or its agents may contact you for matters related to your application or other relevant services.
• You have the option to opt out of further correspondence from XtraPension. To do so, please email "support [at] xtrapension.com"
• Upon receipt of your completed and signed forms, which will be delivered to you via our eSignature partner, 'Docusign Inc,' you acknowledge that XtraPension will proceed to organise the submission of your application to pay voluntary NICs directly to HMRC.
• You understand that the receipt of your duly completed documentation serves as your authorisation for XtraPension to submit your application to HMRC. If, at any point, you wish to cancel your application, it is your responsibility to promptly contact XtraPension.
• While XtraPension will make every reasonable effort to recall your application upon your request, you acknowledge that it may not always be possible to do so. Therefore, timely communication is essential in the event of a cancellation request.

OUR LIABILITY

• While we make every effort to ensure the accuracy and completeness of the information provided, we cannot guarantee that all data, including estimations and assessments, will always be entirely precise or up-to-date.
• XtraPension may provide information or links to third-party sources. We do not control or endorse the content of these sources, and we are not responsible for any inaccuracies or omissions in their materials.
• The eligibility for voluntary NICs and related decisions are exclusively determined by HMRC/DWP. XtraPension acts as an intermediary to facilitate the process, but we do not have control over the final determinations.
• XtraPension is not licensed or regulated to provide financial or regulatory advice. Any information provided on our website or through our services should not be construed as such.
• By using our services, you agree to indemnify and hold XtraPension harmless from any claims, losses, or damages, including legal fees, arising out of your use of our services.
• XtraPension shall not be liable for any indirect, special, or consequential damages, including loss of profits or business interruption, arising out of the use or inability to use our services.
• In no event shall the total financial liability of XtraPension for the use of our website or any of our free or paid tools or services, exceed the amount paid by you for the specific services provided.

COMMUNICATION WITH CUSTOMERS

XtraPension will communicate with customers primarily via SMS and email to the contact information provided during the registration process. It is the customer's responsibility to ensure that:

• The mobile phone number and email address provided are accurate.
• Sufficient space is available in the customer's inbox to receive emails.
• It regularly checks both mobile and email platforms, with a recommended frequency of approximately three times a week to stay updated on any notifications or communications from XtraPension.

SERVICE FEES

XtraPension provides its services subject to the payment of service fees, which are clearly outlined on our website. These fees are applicable to the services we offer to our customers. However, it is important to note that the service fees are 100% refundable as provided under these terms. In the event that a letter of ineligibility or rejection to pay NICs is received from HMRC or DWP, XtraPension will refund the service fee amount to the customer. Note that the refund is contingent on the customer receiving an official notice of ineligibility or rejection from HMRC or DWP.

XTRAPENSION ELIGIBILITY & ESTIMATOR TOOLS

• Our assessment of eligibility for voluntary NICs is conducted based on the information provided to us by the customer and our knowledge of HMRC's guidelines and requirements. Our guidance and determinations are intended to assist individuals in understanding their eligibility status. Occasionally, we may issue determinations stating that an applicant is not eligible for voluntary NICs. These determinations are made based on our independent assessment, and they do not constitute official decisions by HMRC. We stress that such determinations are solely the outcome of our individual assessment based on the information available at that time. XtraPension explicitly disclaims any liability arising as a result of our determinations, whether they indicate eligibility or ineligibility for voluntary NICs. Our assessments are not binding decisions by HMRC, and they are provided solely for informational purposes. We are committed to offering guidance to the best of our knowledge and abilities, but any final eligibility determinations rest with HMRC. Given the complexity and evolving nature of tax regulations and guidelines, we cannot guarantee the accuracy of our assessments, and our determinations may not always align with official decisions by HMRC.
• The XtraPension Eligibility and Estimator tools are designed to provide estimations based on the information available. These tools are intended for estimation purposes only and are not binding. They utilise published HMRC guidance and criteria to assess your potential eligibility for paying voluntary NICs to HMRC. The estimated income and benefits statement, as generated by these tools, is also for estimation purposes. It provides an approximate calculation of your potential UK State Pension income and related costs. It is essential to recognise that the accuracy of your eligibility and UK State Pension information is subject to the exclusive determination of HMRC and DWP. XtraPension is dedicated to offering tools that provide estimations and assistance in understanding your potential eligibility and financial implications. However, the final assessment and determination of eligibility are made by the relevant authorities, and any discrepancies between our estimations and their official decisions do not hold any binding significance or result in any liability on us.
• The estimations generated by XtraPension's online estimators serve as indicators based on the information you provide. It's important to understand that estimations are calculated based on the data you input and serve as a preliminary indication of potential entitlements. The actual UK State pension income and any associated costs can only be determined based on the precise information provided, data accessible to HMRC/DWP, and the decisions made by these government bodies. The estimations we provide are designed to offer insight and guidance, but they do not constitute a definitive assessment. The final figures will be determined solely by HMRC and DWP based on the full range of pertinent data and their official decisions.

NOTIFICATIONS

In the absence of any specific customer request to the contrary, XtraPension will ensure that all current and former customers are informed about:

• Any new services available to them through XtraPension.
• Any novel services introduced by XtraPension and its affiliated companies.

These notifications could be sent via email or SMS. By using the service, you consent to receiving notifications from us.

THIRD-PARTY LINKS

Our website may contain links to third-party websites, applications, or resources that are not owned or controlled by us. These third-party links are provided for the convenience and reference of our customers. We do not endorse, guarantee, or assume any responsibility for the content, functionality, or actions of these third-party websites or resources. Customers acknowledge and agree that their access and use of such third-party links are entirely at their own risk and subject to the terms and conditions and privacy policies of the respective third parties. We shall not be held liable for any damages, losses, or liabilities arising from the actions, products, or services of third-party providers, payment gateways, or third-party websites linked from our website. Customers are encouraged to review the terms and conditions and privacy policies of third parties independently to understand their rights and obligations.

THIRD-PARTY LINKS

• At XtraPension, we prioritise the confidentiality and data protection of our customers. We are committed to maintaining the privacy and security of your personal and financial information.
• We collect and process data for the sole purpose of providing our services, such as submitting applications to HMRC for voluntary NICs. Your data will be treated with the utmost care and in accordance with applicable data protection laws including the UK Data Protection Act (DPA) 2018 and the General Data Protection Act (GDPR) 201
• Information provided to us will be used exclusively for the intended purpose, which is to assist you in maximising your UK State Pension entitlements. We do not share your data with third parties for marketing purposes. To streamline document handling and maintain the utmost standards of confidentiality and compliance, all documents sent to us are processed using our document management system, which is operated by 'Salesforce Inc.'
• We employ industry-standard security measures to safeguard your information from unauthorised access, disclosure, alteration, or destruction. Our data protection measures comply with relevant regulations. In the course of processing your application and the information you provide, we may conduct additional checks as necessary. By applying to use the XtraPension Service, you consent to us conducting these additional checks, all of which will be carried out in strict adherence to our Privacy Policy.
• Any information provided to us, whether in written or verbal form for HMRC NIC applications, may be used for internal auditing purposes within XtraPension. It's important to note that we record all our calls for training and compliance information purposes.
• All customer data, including application details and personal information, will be kept confidential. We do not disclose this information to any unauthorised parties.
• We will retain your data only for as long as necessary to fulfil the purposes for which it was collected and as required by legal and regulatory obligations.
• You have the right to access your personal data and request corrections if it is inaccurate. If you wish to exercise these rights or have concerns about data protection, please contact us.
• Privacy Policy: For more detailed information about how we handle your data, please refer to our Privacy Policy, available on our website.
• By using our services, you agree to these terms and the data protection practices described herein. Your trust and satisfaction are our top priorities, and we are dedicated to ensuring your data is handled securely and responsibly.

CHANGES TO TERMS AND CONDITIONS

We reserve the right to modify or update these Terms at any time. Any changes made to these Terms will become effective immediately upon their posting on our website or other communication channels. It is your responsibility to review these terms periodically for any updates or modifications. If you continue to use the services after any changes to these Terms, it will signify your acceptance of the modified terms. If you do not agree with the updated terms, you may choose to discontinue your use of the Services. We may also provide you with notice of any significant changes to these Terms via e-mail or other appropriate means. Such notice will specify the nature of the changes and the effective date. Your continued use of the Services following the receipt of such notice constitutes your agreement to the revised terms.

AGREEMENT

These Terms represent the comprehensive and final agreement between you and us regarding the use of the Services. By accepting these Terms, you acknowledge your understanding and agreement to all the terms and conditions stated herein. No other representations or agreements, verbal or written, shall be considered binding unless explicitly incorporated in these Terms. When you provide any information to XtraPension, whether through our website, over the phone, by mail, in person, or via email, you automatically agree to abide by these Terms, including any future amendments that may be made.

CONTACT US

We encourage you to carefully read and understand these Terms and any updates or modifications. Should you have any questions or concerns about these Terms or any changes thereto, please contact us on our e-mail support [at] xtrapension.com for clarification.