CHP ACCOUNTANTS

CA

Terms & Conditions

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The following terms of business apply to all engagements accepted by CHP Accountants Limited. Allwork is carried out under these terms except where changes are expressly agreed in writing.1.0 Applicable law1.1 Our engagement letter, the schedules of services and our standard terms and conditions of business aregoverned by, and should be construed in accordance with English law. Each party agrees that the courts ofEngland will have exclusive jurisdiction in relation to any claim, dispute or difference concerning this engagementletter and any matter arising from it on any basis. Each party irrevocably waives any right to object to any actionbeing brought in those Courts, to claim that the action has been brought in an inappropriate forum, or to claimthat those Courts do not have jurisdiction.2.0 Client identification2.1 As with other professional services firms, we are required to identify our clients for the purposes of the UK antimoney laundering legislation. We may request from you, and retain, such information and documentation as werequire for these purposes and/or make searches of appropriate databases. If we are not able to obtainsatisfactory evidence of your identity, we will not be able to proceed with the engagement.3.0 Client money3.1 We may, from time to time, hold money on your behalf. The money will be held in trust in a client bank account,which is segregated from the firm's funds. The account will be operated, and all funds dealt with, in accordancewith the Clients' Money Regulations of the Institute of Chartered Accountants in England and Wales (ICAEW).3.2 To avoid excessive administration, interest will only be paid to you where the amount earned on the balancesheld on your behalf in any calendar year exceeds £25.00. If the total sum of money held on your behalf is enoughto give rise to a significant amount of interest or is likely to do so, then we will put the money in a designatedInterest-bearing client bank account and pay the interest to you. Subject to any tax legislation, interest will be paidgross.3.3 We will return monies held on your behalf promptly as soon as there is no longer any reason to retain thosefunds. If any funds remain in our client account that are unclaimed and the client to which they relate hasremained untraced for five years or we as a firm cease to practise then we may pay those monies to a registeredcharity.4.0 Commissions or other benefits4.1 In some circumstances we may receive commissions or other benefits for introductions to other professionals orin respect of transactions which we arrange for you. Where this happens we will notify you in writing of theamount and terms of payment and receipt of any such commissions or benefits.5.0 Confidentiality5.1 Unless we are authorised by you to disclose information on your behalf, we confirm that where you give usconfidential information we shall at all times during and after this engagement keep it confidential, except asrequired by law, by our insurers or as provided for in regulatory, ethical, or other professional pronouncements oras part of an external peer review applicable to us or our engagement. If we use external or cloud basedsystems, we will ensure that confidentiality of your information is maintained.5.2 If we act for other clients whose interests are or may be adverse to yours, we will manage the conflict byimplementing additional safeguards to preserve confidentiality. Safeguards may include measures such asseparate teams, physical separation of teams, and separate arrangements for storage of and access toinformation. You agree that the effective implementation of such steps or safeguards as described above willprovide adequate measures to avoid any real risk of confidentiality being impaired.Standard Terms of Business October 2020Page 1 of 7ckpCHARTERCDACCOUNTANTS5.3 We may, on occasions, subcontract work on your affairs to ottier tax or accounting professionals. Tfiesubcontractors will be bound by our ciient confidentiaiity terms.5.4 We reserve the right, for the purpose of promotional activity, training or for other business purpose, to mentionthat you are a client. As stated above we will not disclose any confidential Information.6.0 Conflicts of interest6.1 We will inform you if we become aware of any conflict of interest In our relationship with you or in our relationshipwith you and another ciient unless we are unable to do so because of our confidentiality obligations. We havesafeguards that can be implemented to protect the Interests of different ciients if a conflict arises. Where conflictsare identified which cannot be managed in a way that protects your Interests then we regret that we wili beunable to provide further services.6.2 If there is a conflict of interest that is capable of being addressed successfully by the adoption of suitablesafeguards to protect your interests then we wili adopt those safeguards. In resolving the conflict, we would beguided by ICAEWs Code of Ethics, which can be viewed at icaew,com/en/membership/reauiations-standardsand-quidance/ethics. You agree that we reserve the right to act during and after our engagement for other clientswhose interests are or may be competing with or adverse to yours subject of course to our obligations ofconfidentiality and the safeguards set out in the paragraph on confidentiaiity above.7.0 Data protection7.1 In this clause the following definitions shall apply;"Client personal data" means any personal data provided to us by you, or on your behalf, in connection with anagreement to provide business services pursuant with our engagement letter."Data Protection Legislation" means all applicable privacy and data protection legislation and regulationsincluding PECR, the GDPR and any applicable national laws, regulations and secondary legislation in the UKrelating to the processing of personal data and the privacy of electronic communications, as amended, replacedor updated from time to time."Controller", "data subject", "personal data" and "process" shall have the meanings given to them in the dataprotection legislation."GDPR" means the General Data Protection Regulation ((EU) 2016/679) and"PECR" means the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003).7.2 We shall only process the client personal data:(i) in order to provide our services to you and perform any other obligations in accordance with our engagementwith you:(li) in order to comply with our legal or regulatory obligations(iii) where it is necessary for the purposes of our legitimate interests and those interests are not overridden by thedata subjects' own privacy rights. Our privacy notice (available at www.chpaccountants.co.uk/privacv-Dolicv)contains further details as to how we may collect and process client personal data.7.3 For the purpose of providing services to you, we may disclose client personal data to regulatory bodies or otherthird parties (for example, our professional advisors or service providers). We will only disclose client personaldata to a third party provided that the transfer is undertaken in compliance with the data protection legislation.7.4 We shall maintain commercially reasonable and appropriate security measures, including administrative, physicaland technical safeguards, to protect against unauthorised or unlawful processing of the client personal data andagainst accidental loss or destruction of, or damage to. the client personal data.7.5 In respect of the client personal data, provided that we are legally permitted to do so, we shall promptly notify youin the event that;(i) we receive a request, complaint or any adverse correspondence from or on behalf of a relevant data subject, toexercise their data subject rights under the data protection legislation or in respect of our processing of theirpersonal data;(ii) we are served with an information, enforcement or assessment notice (or any similar notices), or receive anyother material communication in respect of our processing of the client personal data from a supervisory authorityas defined in the data protection legislation (for example in the UK, the Information Commissioner's Officer); orStandard Terms of Business October 2020Page 2 of 7chpCHARTEREDACCOUNTANTS(iii) we reasonably believe that there has been any incident which resulted in the accidental or unauthorisedaccess to, or destruction, loss, unauthorised disclosure or alteration of, the client personal data.7.6 Upon the reasonable request of the other, we shall each co-operate with the other and take such reasonablecommercial steps or provide such information as is necessary to enable each of us to comply with the dataprotection legislation In respect of the services provided to you in accordance with our engagement letter with youin relation to those services.7.7 Should you require any further details regarding our treatment of personal data, please contact our head ofprivacy, Mr Timothy Robinson.7.8 The remaining paragraphs of Section 7 apply to clients who themselves are also data controllers;7.9 We shall each be considered an independent data controller in relation to the client personal data. Each of us willcomply with all requirements and obligations applicable to us under the data protection legislation in respect ofthe client personal data.7.10 You shall only disclose client personal data to us where:(i) you have provided the necessary information to the relevant data subjects regarding its use and you may use orrefer to our privacy notice for this purpose:(ii) you have a lawful basis upon which to do so, which, in the absence of any other lawful basis, shall be with therelevant data subject's consent; and(iii) you have complied with the necessary requirements under the data protection legislation to enable you to doso;and(iv) you indemnify us against any action from relevant data subjects for personal data incorrectly disclosed to us.8.0 Disengagement8.1 Should we resign or be requested to resign we will normally issue a disengagement letter to ensure that ourrespective responsibilities are clear. Should we have no contact with you for a period of 3 months or more wemay issue to your last known address a disengagement letter and hence cease to act.9.0 Electronic and other communication9.1 Unless you instruct us otherwise, we may, where appropriate, communicate with you and with third parties viaemail or by other electronic means. The recipient is responsible for virus checking emails and any attachments.Our Privacy Notice provides more information in respect of such communications.9.2 With electronic communication there is a risk of non-receipt, delayed receipt, inadvertent misdirection orinterception by third parties. We use virus-scanning software to reduce the risk of viruses and similar damagingitems being transmitted through emails or electronic storage devices. However electronic communication is nottotally secure and we cannot be held responsible for damage or loss caused by viruses nor for communicationswhich are corrupted or altered after despatch. Nor can we accept any liability for problems or accidental errorsrelating to this means of communication especially in relation to commercially sensitive material. These are risksyou must bear In return for greater efficiency and lower costs. If you do not wish to accept these risks please letus know and we will communicate by paper mail, other than where electronic submission is mandatory.9.3 Any communication by us with you sent through the postal system is deemed to arrive at your postal address twoworking days after the day that the document was sent.10.0 Fees and payment terms10.1 Our fees depend not only upon the time spent on your affairs but also on the level of skill and responsibility andthe importance and value of the advice that we provide, as well as the level of risk.10.2 If we provide you with an estimate of our fees for any specific work, then the estimate will not be contractuallybinding unless we explicitly state that that will be the case. Otherwise our fees will generally be calculated on thebasis of the hours worked by each member of staff necessarily engaged on your affairs multiplied by their cha