Terms and conditions
1 Introduction
1.1 These terms and conditions set out the general terms under which we
undertake our business. The specific conditions relating to particular
assignments will be covered in a separate letter of engagement.
2 Ethical guidelines
2.1 We are bound by the ethical guidelines of the Association of Chartered
Certified Accountants, and accept instructions to act for you on the
basis that we will act in accordance with those ethical guidelines. A
copy of these guidelines can be viewed at our offices on request or can
be seen at www.accaglobal.com.
3 Fees
3.1 Our fees and payment terms are detailed in a supplementary letter.
.
3.2 If it is necessary to carry out work outside the responsibilities outlined
in the letter of engagement it will involve additional fees. Accordingly
we would like to point out that it is in your interest to ensure that your
records are completed to the agreed stage.
3.3 In the case of a dispute over the level of fees charged we reserve the
right to require that the matter is dealt with through arbitration. We
recommend that arbitration is undertaken by the fee arbitration service
provided by ACCA for members. The fee arbitrator will be appointed by
the ACCA president; the fee will be as negotiated with the ACCA
arbitrator.
3.4 Invoices will be issued detailing event of the billing.
3.5 All invoices will include details of any disbursements which have been
recharged in accordance with our agreement
Invoices are payable on presentation.
4 Client monies
4.1 We may, from time to time, hold money on your behalf. Such 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 accordance with the Clients' Monies Rules of the Association of
Chartered Certified Accountants. These rules can be found on the
ACCA website at www.accaglobal.com.
4.2 Fees paid by you in advance for professional work to be performed and
clearly identifiable as such shall not be regarded as clients' monies.
5 Quality control and disclosure of information
5.1 As part of our ongoing commitment to providing a quality service, some
of our files may be subject to an independent review. Our reviewers
are highly experienced and professional people and, of course, are
bound by the same requirements for confidentiality as our partners and
staff.
5.2 We also reserve the right to disclose our files to regulatory bodies in
the exercise of their powers.
6 Internal disputes
6.1 In the event of a dispute between the parties who own or are in some
way involved in the ownership and management of the business, it
should be noted that our client is the business and we would not
provide information or services to one party without the express
knowledge and permission of all parties. We will continue to supply
information to registered office for the attention of the directors.
7 Investment services
7.1 If during the provision of professional services to you, you need advice
on investments, we may have to refer you to someone who is
authorised by the Financial Services Authority or licensed by a
Designated Professional Body as we are not.
8 Commissions or other benefits
8.1 In some circumstances, commissions or other benefits may become
payable to us or to one of our associates in respect of transactions
which we or such associates arrange for you, in which case you will be
notified in writing of the amount and terms of payment. The fees that
would otherwise be payable by you as described will not take into
account the benefit to us of such amounts. As far as allowed by
legislation, you consent to such commission or other benefits being
retained by us or, as the case may be, by our associates, without our or
their being liable to account to you for any such amounts.
9 Retention of records
9.1 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 preparation of your return/ accounts. You should retain
them for at least 7 years following the end of the tax year to which they
relate. This period may be extended if HM Revenue and Customs
enquires into your tax return.
9.2 Ownership of records is determined by case law. We have summarised
below instances where documents, although retained by ourselves, will
belong to yourself:
9.2.1 Where work is of a tax compliance nature, the entire tax file will be
deemed to belong to yourself unless we have provided copies of all tax
matters to you, e.g., the preparation and submission of accounts,
returns, computations and VAT returns to HM Revenue and Customs,
agreement of clients’ tax liabilities, including those following “in depth”
investigations.
9.2.2 Where a report is made on your behalf, to the authorities, for
submission to the authorities, in connection with an accounts’
investigation where we will be acting as principals. The report and
supporting schedules will belong to yourself.
9.2.3 Where work is of a tax advisory nature, letters, reports or documents
giving the advice belong to yourself.
9.3 Tax files and other papers that are legally the property of yourself will
be retained for 7 years or until your specific authority is obtained for
their destruction.
Where we have provided you with copies of tax documents, forming
your tax file, it will be your responsibility to maintain these for the
required time period.
If you cease to be a client and if we still hold any tax files and
documents that are your property, then at the expiry of seven years
from your ceasing to be a client, we will write to your last known
address inviting you to collect such tax files and documents. If such tax
files and documents are not collected we will, under the terms of our
engagement, be at liberty to destroy any such books and papers upon
the seventh anniversary of your ceasing to be a client.
If at any time while you remain a client, we still hold any tax files and
documents that are your property where the last entry therein was
made no later than seven years earlier, then we will write to your last
known address inviting you to collect such tax files and documents. If
such tax files and documents are not collected we will, under the terms
of this letter of engagement, be at liberty to destroy any such tax files
and documents upon the seventh anniversary of the last entry therein.
9.4 If you cease to be a client and if we still hold any books and papers that
are your property, then at the expiry of seven years from your ceasing
to be a client, we will write to your last known address inviting you to
collect such books and records. If such books and records are not
collected we will, under the terms of this letter of engagement, be at
liberty to destroy any such books and papers upon the seventh
anniversary of your ceasing to be a client.
9.5 If at any time while you remain a client, we still hold any books and
papers that are your property where the last entry therein was made no
later than seven years earlier, then we will write to your last known
address inviting you to collect such books and records. If such books
and records are not collected we will, under the terms of this letter of
engagement, be at liberty to destroy any such books and papers upon
the seventh anniversary of the last entry therein.
9.6 All files and records which are the property of ourselves will be retained
in accordance with our formal file destruction policy which is available
for inspection upon request.
9.7 If a request is made by yourself to request the collection of a file at the
time the file is closed or prior to the expiration of the file’s designated
retention period, we will copy the file and retain the copy until the file’s
designated date of destruction.
9.8 The cost of copying the file is the responsibility of the firm. If a cost is
payable to a storage house to retrieve the file, this is a disbursement
chargeable to yourself.
9.9 The above relates to paper as well as electronic records.
10 Notification
10.1 We shall not be treated as having notice, for the purposes of our
accounts/tax responsibilities, of information provided to members of our
firm other than those engaged on the specific assignment (for example,
information provided in connection with accounting, taxation and other
services).
11 Timetable
11.1 The services we undertake to perform for you will be carried out on a
timescale to be determined between us on an ongoing basis.
11.2 The timing of our work will in any event be dependant on the prompt
supply of all information and documentation as and when required by
us.
12 Third parties
12.1 Any advice we give you will be supplied on the basis that it is for your
benefit only and shall not be disclosed to any third party in whole or
part without our prior written consent. It may not be used or relied upon
for any other purpose or by any other person other than you without our
prior written consent. If our advice is disclosed to any third party (with
or without our consent), then we accept no responsibility or liability to
that third party for any consequences that may arise to them, should
they rely on the advice.
12.2 If it is proposed that any documents or statement which refer to our
name, are to be circulated to third parties, please consult us before
they are issued.
13 Confidentiality
13.1 As specified in these terms and conditions, we confirm that where you
give us confidential information we shall at all times keep it confidential,
except as required by law to make disclosures as provided for in
regulatory, ethical or other professional pronouncements applicable to
our engagement.
13.2 You agree that it will be sufficient compliance with our duty of
confidence for us to take such steps as we in good faith think fit to
preserve confidential information both during and after termination of
this engagement.
14 Quality of service
14.1 We aim to provide a high quality of service at all times. If you would
like to discuss with us how our service could be improved or if you are
dissatisfied with the service that you are receiving please let us know
by contacting us.
14.2 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 take up the matter with the
Association of Chartered Certified Accountants.
15 Communication
15.1 As Internet communications are capable of data corruption we do not
accept any responsibility for changes made to such communications
after their dispatch. For this reason it may be inappropriate to rely on
advice contained in an e-mail without obtaining written confirmation of
it. All risks connected with sending commercially sensitive information
relating to your business are borne by you and are not our
responsibility. If you do not accept this risk, you should notify us in
writing that e-mail is not an acceptable means of communication.
15.2 E-mail may be used to enable us to communicate with you. As with
any other means of delivery this carries with it the risk of inadvertent
misdirection or non delivery. It is the responsibility of the recipient to
carry out a virus check on any attachments received.
15.3 Advice issued by staff should not be relied upon unless it has been
confirmed by a director.
16 Applicable law
16.1 This engagement letter is governed by,and construed in accordance
with English law. The Courts of England will have exclusive jurisdiction
in relation to any claim, dispute or difference concerning this
engagement letter and any matter arising from it. Each party
irrevocably waives any right it may have to object to any action being
brought in those courts, to claim that the action has been brought in an
inappropriate forum, or to claim that those courts do not have
jurisdiction.
16.2 All work performed is conducted using the current legislation according
to the accounting period. We cannot be held responsible for future
development and changes in the legislation.
16.3 Legislation which is retrospective in its application could impact on
advice given to you by us prior to its introduction. We will not advise on
the implications of such retrospective legislation unless you specifically
ask us to do so.
17 Contracts (Rights of Third Parties) Act 1999
17.1 Persons who are not party to this agreement shall have no rights under
the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of
this agreement. This clause does not effect any right or remedy of any
person which exists or is available otherwise than pursuant to that Act.
17.2 The work that is undertaken is designed for the use of the company
and its members, the accounts and report should not be distributed by
you to any other party without our prior consent.
18 Data Protection Act 1998
18.1 To enable us to discharge the services agreed under this engagement,
and for other related purposes including updating and enhancing client
records, analysis for management purposes and statutory returns,
crime prevention and legal and regulatory compliance, we may obtain,
use, process and disclose personal data about you. You have a right
of access, under data protection legislation, to the personal data that
we hold about you. For the purposes of the Data Protection Act 1998,
the Data Controller in relation to personal data supplied about you is
Gary Dolphin.
19 Money Laundering Regulations 2003
19.1 In accordance with the Proceeds of Crime Act and Money Laundering
Regulations 2003 you agree to waive your right to confidentiality to the
extent of any report made, document provided or information disclosed
to the National Criminal Intelligence Service (NCIS).
19.2 You also acknowledge that we are required to report directly to NCIS
without prior reference to you or your representatives if during the
course of undertaking any assignment the person undertaking the role
of Money Laundering Reporting Officer becomes suspicious of money
laundering.
19.3 As a specific requirement of the Money Laundering Regulations we
may require you to produce evidence of identity of the company and its
owners and managers. This will include for the business proof of
registration and address and for the individuals proof of identity and
address. Copies of such records will be maintained by us for a period
of at least five years after we cease to act for the business.
20 Disengagement
20.1 Should we resign or be requested to resign a disengagement letter will
be issued to ensure that our respective responsibilities are clear.
20.2 Should we have no contact with you for a period of 2 years or more we
may issue a disengagement letter and hence cease to act.
