Terms of Service

(A) Nesbitt Web Ltd (company number 09417982), trading as AffordableMTD, has developed software and services to facilitate the submission of electronic tax data to HMRC under Making Tax Digital for Income Tax Self Assessment (MTD ITSA).

(B) The Customer wishes to use the Software and the Service.

(C) Nesbitt Web Ltd has agreed to provide, and the Customer has agreed to use and pay for, the Service subject to these Terms.

Interpretation

The following definitions apply throughout these Terms:

Subscriptions and Access

1. 2.1Subject to payment of the Subscription Fees, Nesbitt Web Ltd grants you a non-exclusive, non-transferable licence to use the Service for your own personal tax filing purposes during the Subscription Period.
2. 2.2The Service is intended for individual use only. You may not share your account with others or use the Service to file on behalf of third parties unless this is expressly permitted in a separate written agreement.
3. 2.3You must keep your login credentials confidential and notify us promptly at info@nesbittweb.com if you become aware of any unauthorised use.
4. 2.4You must not:
   • copy, modify, reverse engineer, or create derivative works from the Software;
   • use the Service to build a competing product or service;
   • resell, sublicence, or otherwise provide access to the Service to any third party;
   • introduce any malicious code, virus, or disruptive material into the Service or our systems.
5. 2.5We reserve the right to suspend or terminate your account if we reasonably believe you are in breach of this clause 2.

The Service

1. 3.1We will use commercially reasonable endeavours to make the Service available 24 hours a day, seven days a week. We may need to take the Service offline for maintenance and will try to give you advance notice where possible.
2. 3.2Customer support is provided by email at info@nesbittweb.com. We aim to respond within two Business Days. We do not provide telephone support.
3. 3.3The Service is made available to UK-based subscribers only.
4. 3.4The Service is HMRC-recognised bridging software for Making Tax Digital for Income Tax. It enables you to submit periodic updates and annual summaries to HMRC. You remain responsible for creating and maintaining the underlying digital records from which those summaries are derived.
5. 3.5We may update or modify the Service from time to time. We will notify you of material changes by email or via the Service.

Your Responsibilities

1. 4.1You are solely responsible for the accuracy and completeness of all Customer Data you enter into the Service and submit to HMRC.
2. 4.2You are solely responsible for meeting your tax filing deadlines. We are not responsible for any late submissions, penalties, or fines arising from your use or non-use of the Service.
3. 4.3The Service is a tool to assist with MTD ITSA submissions. It is not a substitute for professional tax advice. If you are unsure of your tax position, you should consult a qualified accountant or tax adviser.
4. 4.4The Service acts as bridging software for submitting data to HMRC. It does not replace your legal obligation to create and maintain underlying digital records of your individual transactions as required by law. You are responsible for maintaining your own records and backups of your Customer Data. We strongly recommend you export copies of your submission records regularly.

Fees and Payment

1. 5.1You will pay the Subscription Fees shown during checkout. All fees are in pounds sterling.
2. 5.2Your subscription does not renew automatically. At the end of the Subscription Period you will need to purchase a new subscription to continue using the Service.
3. 5.3We reserve the right to change our pricing. Any price changes will be communicated to you before your next renewal.
4. 5.4Subscription Fees are non-refundable except as set out in clause 8 (Termination) or as required by applicable consumer law.
5. 5.5We may delete your account and associated data if your subscription is not paid within three months of the payment due date.

Data and Privacy

1. 6.1Your use of the Service is subject to our Privacy Policy, which forms part of these Terms.
2. 6.2You own all Customer Data. You grant us a limited licence to store, process, and transmit your Customer Data to the extent necessary to provide the Service, including to submit data to HMRC on your behalf.
3. 6.3We will not sell your personal data to third parties. We may share data with sub-processors (such as our hosting provider and payment processor) strictly as needed to operate the Service.
4. 6.4We will comply with applicable UK data protection law, including the UK GDPR and the Data Protection Act 2018.
5. 6.5In connecting the Service to HMRC on your behalf, you authorise us to act as your agent for the purposes of submitting MTD ITSA data via the HMRC API. You may revoke this authorisation at any time through your HMRC Business Tax Account.

Intellectual Property

1. 7.1All intellectual property rights in the Service and Software are owned by Nesbitt Web Ltd or its licensors. These Terms do not transfer any such rights to you.
2. 7.2You retain all ownership of your Customer Data.

Term and Termination

1. 8.1These Terms apply from the Effective Date until the end of your Subscription Period, unless terminated earlier.
2. 8.2You may cancel your subscription at any time by contacting us at info@nesbittweb.com. No refund will be given for any unused portion of the Subscription Period, except as required by law.
3. 8.3We may terminate or suspend your access immediately and without notice if:
   • you materially breach these Terms and (if capable of remedy) fail to remedy the breach within 14 days of written notice; or
   • you engage in conduct we reasonably consider harmful to the Service, other users, or HMRC systems.
4. 8.4On termination or expiry:
   • your licence to use the Service ends immediately;
   • you should export any Customer Data you require before your access ends, as we may delete it after 90 days;
   • any provisions that by their nature should survive termination will do so, including clauses 4, 7, 9, 10, and 11.

Confidentiality

Each party agrees to keep the other party's confidential information secure and not to disclose it to third parties, except as necessary to use or provide the Service, or as required by law.

Limitation of Liability

1. 10.1Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.
2. 10.2Subject to clause 10.1, we shall not be liable for:
   • any indirect, consequential, or special losses;
   • loss of profits, revenue, or anticipated savings;
   • tax penalties, fines, or interest charges arising from your submissions to HMRC;
   • any loss arising from HMRC system downtime or errors outside our control;
   • loss or corruption of Customer Data caused by you or by third parties not acting on our behalf.
3. 10.3Our total aggregate liability to you under or in connection with these Terms shall not exceed the Subscription Fees paid by you in the 12 months immediately preceding the event giving rise to the claim.
4. 10.4You acknowledge that the Service is a tool to assist with MTD ITSA submissions and that you remain solely responsible for your tax compliance obligations at all times.

Indemnity

You agree to indemnify and hold harmless Nesbitt Web Ltd, its directors, employees, and agents from any claims, losses, or expenses (including reasonable legal fees) arising from your use of the Service in breach of these Terms or applicable law.

Force Majeure

Neither party will be liable for any failure or delay in performance caused by circumstances beyond their reasonable control, including acts of God, government action, HMRC system outages, or internet infrastructure failures. If such a situation continues for more than 30 days, either party may terminate the affected subscription on 14 days' written notice.

Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email at least 14 days before they take effect. Your continued use of the Service after that date constitutes acceptance of the updated Terms. If you do not accept the changes, you may cancel your subscription before they take effect.

General

1. 14.1These Terms constitute the entire agreement between us relating to the Service and supersede all prior agreements and understandings.
2. 14.2If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
3. 14.3A failure to exercise any right under these Terms does not constitute a waiver of that right.
4. 14.4You may not assign your rights under these Terms without our prior written consent. We may assign our rights and obligations to a successor entity.
5. 14.5Notices to us should be sent to info@nesbittweb.com. Notices to you will be sent to the email address registered on your account.

Governing Law and Jurisdiction

These Terms and any dispute or claim arising from them shall be governed by the law of England and Wales. Both parties submit to the exclusive jurisdiction of the courts of England and Wales.

Get in Touch

If you have any questions about these Terms, please contact us:

Nesbitt Web Ltd
27 Old Gloucester Street, London, WC1N 3AX
Company number: 09417982
info@nesbittweb.com