Process Agent Terms

Terms Specific to Process Agent Services

These terms apply specifically to Axsuma's role as a Process Agent for companies. They supplement our Standard Terms of Engagement. A Process Agent is appointed by a company to receive legal documents and proceedings on its behalf in the United Kingdom.

Appointment as Process Agent

By engaging Axsuma as your Process Agent, you appoint us to act in that capacity for your company. Your appointment is confirmed in writing and must include:

• The name and company registration number of your company
• Confirmation of your authority to appoint us
• The effective date of our appointment
• The address at which we will receive documents on your behalf
• Instructions regarding notification and transmission of documents

We will maintain our appointment in accordance with legal and regulatory requirements and will ensure that our details are properly registered with Companies House or other relevant authorities.

Scope of Service

As Process Agent, Axsuma will:

• Receive all legal process, court documents, and statutory notices intended for your company at our registered address
• Accept service of documents in accordance with UK law and civil procedure rules
• Maintain accurate records of all documents received and dates of receipt
• Promptly notify you of receipt of all documents according to your written instructions
• Forward original documents to you or your legal representatives within the timeframes specified in your instructions
• Maintain the confidentiality of all documents received
• Respond to legal inquiries regarding service of documents

Our role is limited to receiving documents and forwarding them to you. We do not advise on the content of documents, provide legal advice regarding legal proceedings, or take any action beyond receipt and transmission.

Your Responsibilities

You must:

• Ensure our appointment details are correctly registered with Companies House and updated if our address changes
• Maintain contact with us and keep your contact details current
• Specify clear, written instructions regarding document notification and transmission (email, post, courier, etc.)
• Ensure there is someone available at your end to receive and act upon documents timeously
• Notify us promptly of any changes to the individuals authorised to receive documents
• Instruct us immediately if your appointment should be terminated
• Maintain all documents received and take responsibility for managing legal proceedings

Document Delivery and Forwarding

We will forward all documents received to you according to your specified method and timeline. Standard forwarding arrangements include:

• Email: Documents forwarded by email to specified recipients on the same business day of receipt
• Postal: Documents forwarded by Royal Mail Special Delivery within one business day of receipt
• Courier: Urgent documents forwarded by courier service for next-day delivery (additional costs apply)

You are responsible for ensuring someone is available to receive documents and act upon them promptly. We are not responsible for delays arising from your failure to receive or respond to documents forwarded to you. You should establish protocols for tracking important documents and ensure appropriate notice periods are observed to comply with legal deadlines.

Document Record-Keeping and Retention

We maintain records of all documents received and dates of receipt to evidence proper service. Records are retained for a minimum of 6 years in accordance with legal requirements. Upon termination of your appointment, original documents will be returned to you and our records archived appropriately.

You may request copies of receipt records at any time. These are provided to support your defence in any legal proceedings and to evidence that documents were properly received. A small administrative fee may apply for provision of historical records.

Fees and Charges

Process Agent services are charged on an annual retainer basis, payable annually in advance. The retainer covers:

• Receipt of documents at our registered office
• Maintenance of records and appointment details
• Standard email forwarding of documents received
• Annual updating of Companies House records

Additional charges apply for:

• Courier delivery of urgent documents (at cost plus administration fee)
• Postal forwarding to addresses outside the UK
• Certified copies of receipt records or evidence of service
• Administration relating to termination of appointment

Fees are invoiced in advance of each renewal period. Failure to pay fees may result in termination of the appointment, which could leave your company without a Process Agent in place.

Termination of Appointment

Either party may terminate the appointment by providing 30 days' written notice. Upon termination, you must appoint a replacement Process Agent and notify Companies House within the required timeframe. We will:

• Continue to receive and forward documents for 30 days following notice of termination
• Return all original documents held to you or your replacement agent
• Cease acting as your Process Agent on the effective termination date
• File any necessary notifications with Companies House

If a replacement agent is not appointed and notified to Companies House within the required statutory period, your company may be in breach of its legal obligations. It is your responsibility to ensure continuity of Process Agent coverage.

Liability and Limitations

Our liability as Process Agent is limited to the fees paid in the preceding 12 months or GBP 100,000, whichever is lower. We are not liable for:

• Delays in transmission of documents caused by third parties (postal service, courier, email systems)
• Loss or damage to documents in transit after we have forwarded them
• Your failure to comply with legal deadlines for responding to documents
• The content or legal consequences of documents we receive
• Your failure to maintain appropriate contact details with us
• Costs of legal proceedings or judgments arising from missed deadlines

We maintain professional indemnity insurance and are committed to receiving and forwarding documents promptly and accurately. However, you should establish your own procedures to ensure all documents are monitored and legal deadlines met.