Terms

Our Terms

By ordering a business plan with us you agree to our terms and conditions as follows:

Client Engagement

We consider that we provide a highly competitive offer and in order to achieve this, we rely on an efficient process and resources in order to fulfil our outputs. In outline we conduct our client engagement as follows:

  1. We require, and you agree, that our pre-business plan questionnaires will be completed in an accurate manner with appropriate due diligence by the client.

  2. We will then engage via email with you; we do not take information or notes via phone – we consider this can be inefficient and is a risk to accuracy.

  3. We may charge for rework i.e. if you provide new information after we have completed that segment of work or change your mind on certain information. This leads to us redoing work that has already been completed. – see the Rework section below.

  4. We do not provide assets that would constitute intellectual property – see the PDF and ExcelOutput and Intellectual Property sections.

 

Placing Your Order

In order to a business plan from TheBizPlan you must complete the order form, which incorporates the information we need to write the business plan. You will need to provide us with your payment card details* – payment will be taken at the point in time we send you your plan. All transactions are currently made through a secure payment gateway Stripe. We will hold card details until payment has successfully been made.

*No card details are required if selecting the Free Online Version

 

Completing the Questionnaire

You should provide us a full and accurate information and data but if you are missing certain information, we will have the right to fill the gaps for you or seek the information from you. A number of the questions are not compulsory, and you may skip sections should you not have an answer, but you accept and acknowledge that if you choose to do this the business plan will be less robust.

However, you will always need always need to tell us what your selling i.e. prices and costs.

Where you want us to fill in the gaps for you, this is additional work for us but substantially less work for you. This should not however be used as a way of making your input minimal and then scrutinising us about elements we have covered for you. Nor will this lack of information be used by the client as a means to obtain a draft and then make changes based on the decision to defer the provision of business plan pertinent information. In this case we have the right to cease any further work and/or terminate the order.

You must attempt to answer all questions. We also require you to answer the appropriate questions within the questionnaire, rather than referring us to another document you might have planned to send us.

It is important to understand that our process relies on the specific questionnaire input being completed and would cause significantly more effort if a variety of documents are sent to us. We are willing to accept other documents being sent to us by you but these will not be accepted by us in lieu of your completion of the questionnaire accurately.

 

Free Online Version

The Free Online Plan contains the same level of detail as covered in the LeanPlan. It will be available for you to view online via a unique passcode. You will have full view access to the plan but will not be able, nor will you be allowed, to print or download the document. It is therefore not a suitable option for anyone who wishes to share the plan with any third parties i.e. banks or investors.

You will, with the Free Online Version Plan have the right to upgrade your plan to one of our paid plans as may be available from time to time. Upon selecting any upgrade we will direct you towards a payment gateway where the purchase can be made

 

Special Offer Pricing

Our special pricing  are subject to our terms being met, and if any of our terms are not complied with by you we shall have the right to the cancellation of this special offer price or of termination of the order. Any future orders by breaching our terms may also have the special offer price removed.

 

Nothing to Pay Upfront

None of our plans require any payment upfront, and our Free Online Plans require no payment at all. 

This is an offer like no other on the market but as a means to secure your own commitment to the process we do request that you give us your card payment details before the order is finalised.

Nothing is charged to the card until the work is completed and the plan sent to you.

No card details are held beyond the point of payment collection.

 

Client Feedback & Payment Timescales

When an order is placed with us and accepted you will be sent an Outlook Calendar reminder alongside an SMS notification to remind you when the business plan is set to be delivered. This also acts as a prompt to ensure there are enough funds in your account so payment can be made

The plan will be sent to you after payment has been successfully authorised requested on the previously authorised credit or debit card. Therefore, if any payment fails we will withhold the delivery of your plan.

Payment will be required to be made at the time the business plan is ready for delivery. Any failed payment will result in the plan being withheld until the invoice is settled in full (and see below for late payment 

 

Late Payment and Fees 

If any payment is not made payment when due or if any payment made is not cleared, a £25 administration fee will be added to the outstanding invoice.

After 30 days of non-payment any outstanding invoices will be passed onto our debt collection agent who will then initiate a formal debt collection process. This will result in a further administration fee of £30 which will be chargeable to you.

If we are unable to collect the fee via our debt collection agents we/our agents may start legal proceedings which will incur further associated collection cost including any potential court fees.

 

Rework

Rework is defined as new information or changing information which you wish to provide after we have started / completed work. This may lead to additional charges that will be relative to the additional work involved for our business plan writers. We will advise you of the charges before carrying out the rework.

 

PDF & Microsoft Excel Output

We provide your core business plan output in a PDF format, distributed via email in order to maintain the integrity of the document.

An editable Word version of the plan can be requested by you  if you wish to make changes to the text can be made but if you do so you, you acknowledge and agree that any changes to the figures or details in the plan are likely to have wider impact to the whole plan and is something that we would recommend should only be undertaken by ourselves via our Plan Updates add-on option (which is a chargeable service).

We can provide your profit and loss and cash flow forecast in an Excel format on request. So that you can see all of the detail

 

Intellectual Property

The business plan will remain our property until we have received full payment of our fees. You agree that we may retain the plan for a further period of 2 years to enable us to make future changes that you might request. After this period we will delete the plan from our database

 

Delivery Timescales

It is our intention to provide your plan within 5 business days of the date when we finalise your order but if circumstances prevent us from doing so we will aim to provide your plan within 7 working days of that date

 

Rejecting Submissions

In order to maintain quality standards, if we receive questionnaire submissions that are incorrect or not in accordance with our requirements as set out in these terms or if we have  difficulty engaging/communicating, with you we will promptly advise if we need to decline/reject an order. Reasons for rejection may include one or more of the following:

  1. You have requested a business plan type we do not currently write.

  2. You have requested a business sector for which we do not currently write business plans.

  3. Your business is not UK based.

  4. Your business is not a start-up.

  5. The business plan questionnaire has been submitted with inconsistent, erroneous or incompatible information.

 

You are welcome to resubmit the questionnaire, however the same outcome will occur if you submit the same information for the same business venture

 

Market Research

We do not apply or use market research in certain business plans we provide (e.g LeanPlan)

In other cases we do use market research (e.g in BizPlan). Any market research we do use is at our discretion for the purposes we consider appropriate and relevant.

We shall be entitled to amend the fees advertised on the website prior to the date on which the order placed and is accepted and also the fees payable in respect of any additional  services requested by you and provided by us from time to time.

 

Proprietary rights

The client acknowledges and agrees that we own all Intellectual Property Rights in the provision of the services. You shall have any rights to, under or in, any patents, copyright, database right, trade secrets, trade names or marks which are used by us in the provision of the services.

You agree to immediately report any infringement of our Intellectual Property Rights.

 

Confidentiality

Each party may be given access to Confidential Information from the other party in order to perform its obligations under these terms. each party shall hold the other’s Confidential Information in confidence and not make the other’s Confidential Information available to any third party or use the other’s Confidential Information for any purpose other than the implementation of these terms.

Each party shall take all reasonable steps to ensure that the other’s Confidential Information to which it has access is not disclosed or distributed by its employees or agents in violation of the terms of these terms.

You acknowledge that the process and systems which are provided by us in order to provide the business plan to you are our Confidential Information

TheBizPlan acknowledges that the information provided by you is your Confidential Information

 

 

Limitation of liability

You assume sole responsibility for results obtained from the use of the Services, and the business plan provided to you by us, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to us by you in connection with the Services, or any actions we take at your direction

All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these terms.

Nothing in these terms excludes our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.

We shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any 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

Our liability in contract, tort, misrepresentation, or otherwise, arising in connection with the provision or use of the services or the business plan shall be limited to the total Fees received by us from you during the 12 months immediately preceding the date on which the claim arose.

 

Term and termination

Without affecting any other right or remedy available to it, the we may terminate the agreement with immediate effect by giving written notice to the Customer if

  1. You fail to pay any amount due under these terms on the due date for payment;

  2. You commit a material breach of any other term of these terms which breach is irremediable or (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

  3. You repeatedly breach any of the terms of these terms in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of these terms.

On termination of these terms for any reason:

  1. all licences granted under these terms in respect of the Services  and Business plan , shall terminate and you shall cease all use of services and business plan;

  2. We may destroy or otherwise dispose of any of your data in its possession

  3. any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination shall not be affected or prejudiced

Force majeure

TheBizPlan shall have no liability to the Customer under these terms if it is prevented from or delayed in performing its obligations under these terms, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control,

Variation

We shall inform you of any proposed changes to these terms. We may change these terms if it is necessary due to:

  1. applicable law, including, but not limited to, a change of such law;

  2. an advice and/or order based on applicable law;

  3. the evolution of the Services;

  4. technical reasons or operational requirements

We shall inform you of the intended change before it takes effect. We shall provide you with the opportunity to cancel our services at least 30 days before the change becomes effective. The use of our services after the changes become effective shall be deemed as acceptance of the terms. If you do not agree to the new terms, it must stop using these services.

Waiver

No failure or delay by a party to exercise any right or remedy provided under these terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

Rights and remedies

Except as expressly provided in these terms, the rights and remedies provided under these terms are in addition to, and not exclusive of, any rights or remedies provided by law.

 Severance

If any provision or part-provision of these terms 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.

Entire agreement

These terms constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

Each party acknowledges that in entering into these terms it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms.

Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms.

Nothing in this clause shall limit or exclude any liability for fraud.

Assignment

The Customer shall not, without the prior written consent of TheBizPlan, assign, transfer, change or deal in any other manner with all or any of its rights or obligations under these terms.

TheBizPlan may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these terms.

No partnership or agency

Nothing in these terms is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (

Third party rights

These terms does not confer any rights on any person or party (other than the parties to these terms and, where applicable, their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.

Notices

Any notice required to be given under these terms shall be in writing and shall be sent by email to the email addresses provided by each party from time to time.

A notice sent by email shall be deemed to have been received at the time of transmission (as shown by the timed printout obtained by the sender).

Governing law

These terms 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.

Jurisdiction

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms and conditions

 

Terms of Use

If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern MyBizPlan Ltd’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The term ‘MyBizPlan’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is 2 Ramster Cottages, Chiddingfold, UK. Our company registration number is 11939610. The term ‘you’ refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

1. The content of the pages of this website is for your general information and use only. It is subject to change without notice.

2. This website uses cookies to monitor browsing preferences. If you do allow cookies to be used, the following personal information may be stored by us for use by third parties: Browsing habits, IP address.

3. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

4. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

5. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

6. All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.

7. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

8. From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

9. Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.