Applicable law
1.1 This engagement letter shall be governed by, and construed in accordance with, English law.
The Courts of England shall have exclusive jurisdiction in relation to any claim, dispute or
difference concerning the engagement letter (including the firm’s terms of business) and any
matter arising from it. Each party irrevocably waives any right it may have to object to an action
being brought in those Courts, to claim that the action has been brought in an inconvenient
forum, or to claim that those Courts do not have jurisdiction.
1.2 Persons who are not party to this agreement shall have no rights under the Contracts (Rights of
Third Parties) Act 1999 to enforce any term of this agreement. This clause does not affect any
right or remedy of any person which exists or is available otherwise than pursuant to that Act.
1.3 The advice we give you is for your sole use and is confidential to you and will not constitute
advice for any third party to whom you may communicate it. We will accept no responsibility to
third parties for any aspect of our professional services or work that is made available to them.
2 Quality of service
We aim to provide you with a fully satisfactory service and Jane Ascroft as engagement partner
will seek to ensure that this is so. We undertake to look into any complaint carefully and
promptly and to do all we can to explain the position to you. If we do not answer your
complaint to your satisfaction you may of course take up the matter with the Institute of
Chartered Accountants in England and Wales (ICAEW) by whom we are regulated.
3 Client monies
3.1 We will not hold money on your behalf.
4 Investment advice
4.1 We are not authorised by the Financial Conduct Authority to conduct Investment Business. If
you require investment business services we will refer you to a firm authorised by the Financial
Conduct Authority.
4 Fees and payment terms
4.1 Our fees may depend not only on the time spent on your affairs by our staff and on the levels of
skill and responsibility involved, but also the level of risk identified and any advice provided.
Unless otherwise agreed, our fees will be billed at appropriate intervals during the course of the
year and will be due on presentation.
4.2 We may indicate a fixed/indicative fee for the provision of specific services. We will not
usually identify fixed fees for more than a year in advance as these may need to be revised in
light of subsequent events. Where we estimate our fees for any specific work, this will not be
binding unless this is clearly stated to you.
4.3 If it is necessary to carry out work outside the responsibilities outlined in this letter it will
involve additional fees. Accordingly we would like to point out that it is in your interests to
ensure that your records etc., are completed to the agreed stage.
Jane Ascroft Accountancy Ltd
CHARTERED ACCOUNTANTS AND REGISTERED AUDITORS
Enterprise House, Harmire Enterprise Park, Barnard Castle, DL12 8XT
Tel: 07999 919673 e-mail: [email protected]
Director: Jane Ascroft FCA MA (Cantab)
Company number: 6433142 Registered in England & Wales Registered Office as above
Registered by the Institute of Chartered Accountants in England & Wales to carry out company audit work
4.4 It is our normal practice to request that clients make arrangements to pay a proportion of their
fee on a monthly standing order. These standing orders will be applied to fees arising from work
agreed in this letter of engagement for the current and ensuing years. Once we have been able to
assess the amount of work and time involved we would be grateful if you would agree to pay an
amount to us on a regular basis.
4.5 Our terms relating to payment of amounts invoiced and not covered by standing orders, where
appropriate, are strictly 30 days net.
5 Retention of and access to records
5.1 During the course of our work we will collect information from you and others acting on your
behalf and will return any original documents to you following the preparation of your accounts
and returns.
5.2 Whilst certain documents may legally belong to you, we intend to destroy correspondence and
other papers that we store which are more than seven years old, other than documents which we
consider to be of continuing significance. If you require retention of any document you must
notify us of that fact in writing.
6 Proceeds of Crime Act 2002 and Money Laundering Regulations 2007
6.1 In common with all accountancy and legal practices, we are required by the Proceeds of Crime
Act 2002 and the Money Laundering Regulations 2007 to:
? have due diligence procedures for the identification of all clients;
? maintain appropriate records of evidence to support customer due diligence; and
? report in accordance with the relevant legislation and regulations.
7 Electronic communication
7.1 Internet communications are capable of data corruption and therefore we do not accept any
responsibility for changes made to such communications after their despatch. It may therefore
be inappropriate to rely on advice contained in an e-mail without obtaining written confirmation
of it. We do not accept responsibility for any errors or problems that may arise through the use
of internet communication and all risks connected with sending commercially sensitive
information relating to your business are borne by you. If you do not agree to accept this risk,
you should notify us in writing that e-mail is not an acceptable means of communication.
7.2 It is the responsibility of the recipient to carry out a virus check on any attachments received.
8 Data Protection
8.1 To enable us to discharge the services agreed in this engagement letter, comply with related
legal and regulatory obligations and for other related purposes including updating and enhancing
client records and analysis for management purposes, as a data controller, we may obtain, use,
process and disclose personal data about you, your business / company / partnership / its
shareholders / members / officers and employees as described in our privacy notice. We confirm
when processing data on your behalf that we will comply with the provisions of all relevant data
protection legislation and regulation, (including the Data Protection Act 2018, the General Data
Protection Regulation (GDPR) and any related regulations).
Jane Ascroft Accountancy Ltd
CHARTERED ACCOUNTANTS AND REGISTERED AUDITORS
Enterprise House, Harmire Enterprise Park, Barnard Castle, DL12 8XT
Tel: 07999 919673 e-mail: [email protected]
Director: Jane Ascroft FCA MA (Cantab)
Company number: 6433142 Registered in England & Wales Registered Office as above
Registered by the Institute of Chartered Accountants in England & Wales to carry out company audit work
8.2 You are also an independent controller responsible for complying with data protection
legislation and regulation in respect of the personal data you process and, accordingly where you
disclose personal data to us you confirm that such disclosure is fair and lawful and otherwise
does not contravene relevant requirements. Nothing within this engagement letter relieves you as
a data controller of your own direct responsibilities and liabilities under data protection
legislation and regulation.
8.3 Our privacy notice, which can be found on our website at www.janeascroft.co.uk explains how
we process personal data in respect of the various services that we provide.
9 Confidentiality
9.1 Where you give us confidential information, we confirm that we shall at all times keep it
confidential, other than as required by law, by our insurers, or as provided for in regulatory
(including external peer reviews), ethical or other professional statements relevant to our
engagement. This will apply during and after this engagement.
10 External review
10.1 As part of our ongoing commitment to providing a quality service, our files are periodically
reviewed by an independent regulatory or quality control body. These reviewers are highly
experienced and professional people and, of course, are bound by the same rules for
confidentiality as us.
11 Professional rules and practice guidelines
We will observe and act in accordance with the bye-laws, regulations and Code of Ethics of the
Institute of Chartered Accountants in England and Wales and accept instructions to act for you
on this basis. We will not be liable for any loss, damage or cost arising from our compliance
with statutory or regulatory obligations. You can see copies of these requirements in our
offices. The requirements are also available on the internet at www.icaew.com/regulations.
12 Conflicts of interest
12.1 We reserve the right during our engagement with you to deliver services to other clients whose
interests might compete with yours or are or may be adverse to yours, subject to our
confidentiality clause. We confirm that we will notify you immediately should we become aware
of any conflict of interest involving us and affecting the company.
12.2 If a conflict of interest should arise, either between two or more of our clients, or in the
provision of multiple services to a single client, we will take such steps as are necessary to deal
with the conflict. In resolving the conflict, we would be guided by our Code of Ethics which can
be viewed on the internet at the address above, in part B, sub-section 220.
Jane Ascroft Accountancy Ltd
CHARTERED ACCOUNTANTS AND REGISTERED AUDITORS
Enterprise House, Harmire Enterprise Park, Barnard Castle, DL12 8XT
Tel: 07999 919673 e-mail: [email protected]
Director: Jane Ascroft FCA MA (Cantab)
Company number: 6433142 Registered in England & Wales Registered Office as above
Registered by the Institute of Chartered Accountants in England & Wales to carry out company audit work
13 The Provision of Services Regulations 2009
13.1 We are registered to carry on audit work in the UK by the Institute of Chartered Accountants in
England and Wales. Details of our audit registration can be viewed at www.auditregister.org.uk.
13.2 Our professional indemnity insurer is RSA Insurance plc, of 30 Fenchurch Street, London,
EC3M 3BD. The territorial coverage is worldwide excluding professional business carried out
from an office in the United States of America or Canada and excludes any action for a claim
brought in any court in the United States or Canada
14 Timing of our services
14.1 If you provide us with all information and explanations on a timely basis in accordance with our
requirements, we will plan to undertake the work within a reasonable period of time in order to
meet any regulatory deadlines. However, failure to complete our services prior to any such
regulatory deadline would not, of itself, mean that we are liable for any penalty or additional
costs arising.
