Terms & Conditions
The terms and conditions shown are a general statement under which 12Bookkeeping and any employees will perform its duties when carrying out bookkeeping services. They should be read in conjunction with the service agreement. The Company shall mean 12Bookkeeping . Agree shall mean agreed between the client and the company.
- Fees, Payments and Cancellations
Payment and fees should be made in full by the due date, 7 days from the date shown on the invoice. The client agrees to pay the company the agreed fee and any disbursements.
The agreed fee is based upon the services carried out and the information provided by the client at the time of tendering and subject to a quarterly review. If details have been provided by the client and it becomes apparent that the details are not reflective of the works then additional fees may apply.
- Fees and quotations are subject to fluctuations, are exclusive of VAT where and if charged and are available for acceptance for a period of 7 days.
- In the event of termination of the agreement, for whatever reason, the client will be responsible for paying all fees due to the company, including costs, expenses and disbursements incurred by the company on behalf of the client up to and including any notice period.
- Any postage, stationery or sundry items purchased on behalf of the client will be charged at cost.
- The price for the work and the applicable hourly rates will be laid out in the letter of engagement and/or service agreement. Unless otherwise stated in the letter of engagement, the price and/or hourly rates will not include travelling expenses for journeys of more than 10 miles, postage, or sundry expenses incurred in the course of the work.
- Late Payments
In the event of late payments the company reserve the right to charge a fixed late payment fee of £45.00 plus interest on all outstanding amounts at base rate plus 8% per calendar month, or part thereof from the last date that payment was due to the date payment is made.
Data and documents remains the property of the company until full and final payment is received.
- Data
All data produced by the company whilst performing its duties for the client, remain the property of the company. The client can apply to purchase any data. The cost and willingness to release any data remains at the discretion of the company.
- Set off
The company offers the client no right of set off.
- Privacy
In accordance with the Data Protection Act the company and its employees or sub-contractors will treat the client’s personal information as private and confidential. The client however should be aware that their contact details may be used during the process of providing the companies services on behalf of the client.
- The company and its employees or sub-contractors can not be held responsible for the security of any goods, documents or premises and its contents.
- Abuse
Should any employee of the company receive any form of physical or verbal abuse then the companies services would cease immediately and the client will be responsible for paying all fees due to the company, including costs, expenses and disbursements incurred at the time of termination.
- Postage
Where it is necessary to post items relating to the work to the client or a third party, the company will use a tracked and signed for service. We recommend that the client uses a similar service when posting any items to the company. The company will not be held liable for loss, damage or theft of any items sent to the client whilst they are going through the postal service.
- Miscellaneous
- The client will be provided with a copy of the Terms and Conditions and a copy is made available on the website. The client is deemed to have accepted the contents of them.
- The company shall not be liable for any losses or damage suffered by the client as a result of the activities of the company, the contents of any reports and documents and its obligations or events of force majeure.
- To enable the company to carry out its duties the client agrees to provide the company with the required records and related financial information within 6 months of the year end and queries raised must be answered promptly. Other specific deadlines are identified within the service agreement. The client is responsible for ensuring all paperwork is delivered in a timely fashion.
Full Terms and Conditions
The standard terms of engagement with the standard terms of Business apply to the client engagement letter, in respect to the individual services obtained.
Any changes to the following terms will be expressed in writing.
Summary
Section 1: Standard terms of engagement
- Bookkeeping
- Management accounts
- Annual accounts – sole traders/partnerships
- Annual accounts – limited companies
- Payroll preparation, P.A.Y.E. and N.I. returns
- Personal tax – individuals/sole traders/partners
- Partnership tax
- Corporation tax
- VAT returns
- Online accounting service
- Other services
- Fees and terms of payment
- Termination of contract
- Agreement of terms
Section 2: Standard terms of Business
Section 1: Standard terms of engagement
1. Bookkeeping
It is agreed that we should carry out the following services or as outlined in the service agreement:
(a) Keep the records of receipts, payments and balances
(b) Reconcile the balances monthly with the bank statements
(c) Post and balance the purchase and sales ledgers
(d) Extract a detailed list of ledger balances
(f) Complete the postings to the nominal ledger
(g) Prepare the accounts for approval by yourselves.
You have agreed that you or your staff will:
(h) Prepare details of the annual stocktaking and work in progress.
You/your management are responsible for the detection of irregularities and fraud. We would emphasise that we cannot undertake to discover any shortcomings in your systems or any irregularities on the part of your employees or others, although we will advise you of any such circumstances that we encounter.
2. Management accounts
We understand that you require us to prepare the management accounts of your business.
This involves us in completing the writing up of your books and records, insofar as they are incomplete when presented to us, from the information and explanations supplied to us and preparing draft accounts therefrom for your approval.
We understand that you have agreed that your staff will be responsible for:
(a) Maintaining records of all receipts and payments of cash
(b) Reconciling cash book balances monthly with the bank statements
(c) Posting and balancing the purchase and sales ledgers
(d) Extracting a detailed list of ledger balances.
You will also provide estimates of any stocks at the end of each period
You understand that we will not be carrying out an audit and accordingly will not verify the assets and liabilities of the business, nor the items of expenditure and income. To carry out an audit would require additional work to comply with generally accepted auditing standards which we are not authorised to carry out.
We would emphasise that we cannot undertake to discover any shortcomings in your systems or any irregularities on the part of your employees or others, although we will advise you of any such circumstances that we encounter in preparing your accounts.
The accounts are prepared for your exclusive use within your business. They should not be shown to any other party without our prior consent. To ensure that anyone reading the accounts is aware that we have not carried out an audit, we will annex to the accounts a short report. This report must remain attached to any accounts shown to any other parties.
3. Annual accounts – sole traders/partnerships
Your responsibility for the preparation of accounts
- You have undertaken to make available to us, as and when required, all the accounting records and related financial information necessary for the compilation of the accounts. You will make full disclosure to us of all relevant information. The accounts need to be approved by you before we are able to issue our report.
- You are responsible for ensuring that, to the best of your knowledge and belief, financial information, whether used by the business or for the accounts, is reliable. You are also responsible for ensuring that the activities of the business are conducted honestly and that its assets are safeguarded, and for establishing arrangements designed to deter fraudulent or other dishonest conduct and to detect any that occur.
- You are responsible for ensuring that the business complies with the laws and regulations applicable to its activities, and for establishing arrangements designed to prevent any non-compliance with laws and regulations and to detect any that occur.
Our responsibilities for the preparation of accounts
- We will compile your annual accounts based on the accounting records (maintained by you) and the information and explanations given to us by you. We shall prepare draft annual accounts for your approval.
- We will advise you as to the adequacy of your records for preparation of the annual accounts and make recommendations for improvements which we consider necessary. We shall not be responsible if, as a result of you not taking our advice, you incur losses or penalties.
- We will use reasonable skill and care in the preparation of your accounts but will not be responsible for errors arising from incorrect information supplied by you.
- We will report, with any variations that we consider may be necessary, that in accordance with your instructions and in order to assist you to fulfil your responsibilities, we have compiled, without carrying out an audit, the accounts from your accounting records and from the information and explanations supplied to us.
- We have a professional duty to compile accounts which conform to generally accepted accounting principles. Where we identify that the accounts do not conform to accepted accounting principles, or if the accounting policies adopted is not immediately apparent, this will be made clear in our report, if it is not clear in the accounts
4. Annual accounts – limited companies
Responsibilities of directors
As director of the company, under the Companies Acts you are responsible for:
- Ensuring that the company maintains proper accounting records and for preparing accounts
- Determining whether for any reason the exemption is not available in respect of the period.
You will keep records of sales invoices, purchase invoices, receipts and payments, together with any other documents relating to the company’s transactions and activities. It will also be necessary for you to provide a record of stock at the company’s year-end.
You are responsible for any previous accounts or tax returns that have not been completed by us and the filing at HMRC and Companies House of any paperwork necessary to fulfil your accounting duties each year.
A private company is required to file its accounts at Companies House within 10 months of the year end. The company will be liable to a fine if it fails to do so. In order to avoid this we will produce statutory accounts, suitable for filing, within the required period, provided all your records are complete and presented to us within six months of the year end, and all subsequent queries are promptly and satisfactorily answered.
We have agreed to act as your agent and to:
a) submit the accounts to the Registrar of Companies
b) complete and submit the company’s annual return
c) complete and submit any other forms required by law to be filed at Companies House, provided that you keep us fully informed of any relevant changes or events which are required to be notified to Companies House, within one week of the change or event
d) Maintain the statutory books.
Responsibility of the accountants
In relation to the accounts, we will prepare the company’s accounts on the basis of the information that is provided to us. We will also draft the accounts in accordance with the provisions of the Companies Act, and related Accounting Standards for approval by the Board.
Should our work lead us to conclude that the company is not entitled to exemption from an audit of the accounts, or should we be unable to reach a conclusion on this matter, then we will advise you of this.
As per the engagement letter;
It was agreed that we should carry out the following accounting and other services:
a) write up the accounting records of the company insofar as they are incomplete when presented to us
b) complete the postings to the nominal ledger
c) Prepare the accounts for approval by yourselves.
You have agreed that you or your staff will:
- keep the records of receipts and balances
- reconcile the balances monthly with the bank statements
- post and balance the purchase and sales ledgers
- extract a detailed list of ledger balances
- Prepare details of the annual stocktaking, suitably priced and extended in a form which will enable us to verify the prices readily by reference to suppliers’ invoices.
or
- Provide us with a copy of the valuation produced by your independent stock takers.
and
- Prepare details of work-in-progress at the accounting date and make available to us the documents and other information from which the statement is compiled.
You/your management are responsible for the detection of irregularities and fraud. We would emphasise that we cannot undertake to discover any shortcomings in your systems or any irregularities on the part of your employees or others, although we will advise you of any such circumstances that we encounter in preparing your accounts, unless prohibited from doing so by the Anti Money Laundering Legislation.
We will report, with any variations that we consider may be necessary, that in accordance with your instructions and in order to assist you to fulfil your responsibilities, we have compiled, without carrying out an audit, the accounts from your accounting records and from the information and explanations supplied to us.
We have a professional duty to compile accounts which conform to generally accepted accounting principles. Furthermore, the accounts of a limited company are required to comply with the Companies Acts and applicable accounting standards. Where we identify that the accounts do not conform to accepted accounting principles, or if the accounting policies adopted is not immediately apparent, this will be made clear in our report, if it is not clear in the accounts.
5. Payroll preparation, P.A.Y.E. and N.I.
Payroll and year end returns
In order for us to prepare your payroll and year end returns we will require the following information from you:
(a) Personal details of all employees (that is, name, NI number, home address, etc.).
(b) All P45s received by you.
(c) If any casual labour is taken on, you are required to operate P46 procedures.
Completed P46 forms should be passed to us for processing.
(d) Notification within two weeks of any employee who is ill for four or more calendar days, including weekends, bank holidays etc. This will enable us to operate statutory sick pay
for you.
(e) Notification of any employee who becomes pregnant. This will enable us to operate statutory maternity pay.
(f) Details of any money or benefits made available to employees by you or by a third party through you.
(g) Hours worked, rates of pay, bonuses etc.
(h) Notification of employees engaged by you or leaving your employment.
(i) Any notice of coding received by you.
The end of year payroll returns must be received by HM Revenue & Customs by 19th May following the end of the tax year otherwise penalties will be levied. There may also be interest payable if the final tax and National Insurance payment, due by 19th April following the end of the tax year, is late. We cannot guarantee to have the returns etc. completed in time to meet this deadline unless we have all the relevant information within five working days of the end of the tax year.
We will assist in the preparation and submission of PAYE returns as required by the authorities concerned. However, it should be understood that our appointment as your agent does not absolve the company or its directors from their statutory responsibilities. We would draw your attention to the strict rules and time limits for the submission of such returns and the substantial penalties which may arise if these are not observed. It is therefore essential that we receive full information from you promptly to enable us to ensure that the returns are made on a timely basis. Completed returns will be sent to you for approval and signature prior to submission on the company’s behalf.
P11D benefits for directors*/officers* and higher paid employees*
You have asked us to prepare forms P11D for your approval. To ensure these forms are correctly prepared we will require details of all benefits, perks or reimbursed expenses received by the directors*/officers*/higher paid employees.* Note: a higher paid employee is someone who received (at the current level) at least £8,500 pa including the taxable value of benefits, perks and reimbursed expenses.
There are penalties for the late submission of forms P11D. In order to avoid these, you must ensure that we receive complete and accurate details of all benefits and expenses for the tax year (note: not accounts year) within 14 days of the end of the tax year.
6. Personal tax – individuals and sole traders
You are responsible for any previous accounts or tax returns that have not been completed by us and the filing at HMRC and Companies House of any paperwork necessary to fulfil your accounting duties each year.
Your spouse is legally responsible for [his/her] own tax affairs and should be dealt with independently. However, if both spouses sign this letter you agree that we can disclose to your spouse such details of your financial affairs as are required to consider your combined tax position.
a) We shall be pleased to act as your personal tax advisers in the UK with effect from as per the engagement letter.
b) We will prepare your personal income tax return together with all supporting schedules and prepare HM Revenue & Customs’ calculation of your self-assessment of tax and Class 4 National Insurance contributions.
c) We will forward to you your tax return form and supporting schedules [in duplicate] for your approval and signature. Once the return has been approved and signed by you and returned to us, we will submit it with the computations to the HM Revenue & Customs. You authorise us to file the return electronically.
d) We will advise you as to amounts of tax and National Insurance contributions to be paid and the dates by which you should make the payments, including payments on account and the balancing payment, and if appropriate we will initiate repayment claims when tax and National Insurance contributions appear to have been overpaid.
e) We will deal with HM Revenue & Customs regarding any amendments required to your return and prepare any amended returns which may be required.
f) We will advise as to claims and elections arising from the tax return and from information supplied by you and, where instructed by you, we will make such claims and elections in the form and manner required by HM Revenue & Customs.
g) You have asked us to undertake all correspondence with HM Revenue & Customs on your behalf. To avoid any problems would you please send to us any forms or correspondence received from HM Revenue & Customs as soon as you receive them. In particular would you please ensure that no payments are made to HM Revenue & Customs without our confirmation that the demands are correct.
h) HM Revenue & Customs has powers to charge both interest and penalties if there is a delay in submitting a tax return. Such charges are automatic if the tax return is submitted after 31 January following the end of the tax year, or if any payments are made after the respective due dates.
i) It is therefore important that all details required for the preparation of your tax return are forwarded to us as soon as possible after 5 April each year and by 30 June at the latest. If the information is received after that date, we will not accept responsibility for any penalties or surcharges charged by HM Revenue & Customs.
j) HM Revenue & Customs audits a number of tax returns each year, many of these audits are the result of a random selection. Assistance in respect of such an audit beyond the answering of straightforward queries regarding entries on the tax return is additional work and will result in separate charges. We will keep you fully informed before undertaking any extra work in respect of such an audit.
k) We will provide our professional services with reasonable care and skill. However, we will not be responsible for any losses, penalties, surcharges, interest or additional tax liabilities arising from the supply by you or others of incorrect or incomplete information, or your or others’ failure to supply any appropriate information or your failure to act on our advice or respond promptly to communications from us or the tax authorities.
l) You agree that we can approach such third parties as may be appropriate for information that we consider necessary to deal with your affairs.
m) Please sign and return the HM Revenue & Customs form 64-8 (or we can arrange for you to give us on-line client authorisation), which authorises HM Revenue & Customs to send us copies of formal notices. In practice, HM Revenue & Customs will treat this as authority to correspond with us, in which case they will not correspond with you except to the extent that they are formally required to do so. However, this authority does not apply to all HM Revenue & Customs correspondence, and even where it does, HM Revenue & Customs sometimes overlook it. You should therefore always send us the originals or copies of all communications you receive from HM Revenue & Customs.
7. Partnership tax
You are responsible for any previous accounts or tax returns that have not been completed by us and the filing at HMRC and Companies House of any paperwork necessary to fulfil your accounting duties each year.
(a) We will prepare the income tax computations based on the partnership accounts from the accounting records and other information and explanations provided by you.
(b) We will prepare the firm’s annual partnership return, including the partnership statement of total income, gains, losses, tax credits and charges of the firm for each period of account ending in the return period.
(c) We will forward to you the income tax and capital gains tax computations and the tax return and supporting schedules [in duplicate] for your approval and signature. Once the return has been approved and signed by you and returned to us, we will submit it, with the accounts and computations, to HM Revenue & Customs. You authorise us to file the return electronically.
(d) We will advise all the partners who were partners of the firm during the period of their respective shares of the firm’s total income, gains, losses, tax credits and charges in order that they are able to file their personal self-assessment tax returns within the relevant time period.
(e) We will deal with HM Revenue & Customs regarding any amendments required should the partnership self-assessment tax return be challenged.
(f) We will advise as to claims and elections arising from the tax return and from information supplied by you and, where instructed by you, we will make such claims and elections in the form and manner required by HM Revenue & Customs.
(g) We will deal with all communications relating to the partnership return addressed to us by HM Revenue & Customs or passed to us by you. However, if HM Revenue & Customs choose the partnership tax return for enquiry, this work will be the subject of a separate assignment and we will seek further instructions from you. Assistance in respect of such an enquiry beyond the answering of straightforward queries regarding entries on the tax return is additional work and will result in separate charges. We will keep you fully informed before undertaking any extra work in respect of such an enquiry.
(h) You have asked us to undertake all correspondence with HM Revenue & Customs on the partnership’s behalf. To avoid any problems would you please send to us any forms or correspondence received from HM Revenue & Customs as soon as you receive them.
(i) HM Revenue & Customs have powers to charge both interest and penalties if there is a delay in submitting a tax return. Such charges are automatic if the tax return is submitted after 31st January following the end of the tax year. For partnership penalties, the amount due is multiplied by the number of partners. Delays in submitting the partnership return may also have an effect on the returns of all the partners, with the possibility of penalties, interest and surcharges being payable by each individual partner.
(j) It is therefore important that all details required for the preparation of your tax return are forwarded to us as soon as possible after 5th April each year and by 30th June at the latest. If the information is received after that date, we will not accept responsibility for any penalties or surcharges charged by HM Revenue & Customs.
(k) You agree that we can approach such third parties as may be appropriate for information that we consider necessary to deal with your affairs and undertake to authorise such third parties to communicate directly with us.
(l) Please sign and return the enclosed HM Revenue & Customs form 64-8, (or we can arrange for you to give us on-line client authorisation), which authorises HM Revenue & Customs to send us copies of formal notices. In practice, HM Revenue & Customs will treat this as authority to correspond with us, in which case they will not correspond with the partnership except to the extent that they are formally required to do so. However, this authority does not apply to all HM Revenue & Customs correspondence, and even where it does, HM Revenue & Customs sometimes overlook it. You should therefore always send us the originals or copies of all communications you receive from HM Revenue & Customs.
8. Corporation tax
We will prepare, in respect of each accounting period of the company, a computation for corporation tax purposes adjusted in accordance with the provisions of the Taxes Acts. We will also prepare the corporation tax return (form CT600) required under the Corporation Tax Self-Assessment regulations. The corporation tax return, together with the supporting corporation tax computations, will be sent to you for approval and signature prior to submission to the Inspector of Taxes.
It should be recognised that in law a taxpayer cannot contract out of his fiscal responsibilities and that computations and return forms are prepared by us as agent for the company. You are legally responsible for making correct returns and for payment of tax on time. If we ask you for information to complete the tax return and it is not provided within the time-scale requested, so that the preparation and submission of the return are delayed, we accept no responsibility for any penalty or interest that may arise.
We will advise you of the corporation tax payments to which the company will be liable, together with the due date of payment. You must inform us immediately if the company pays or receives any interest or makes any other payment, or transfers any asset to any shareholder.
Where necessary we will deal with any queries raised by the Inspector of Taxes and negotiate with the Revenue on any question of taxation interest or penalties which may arise.
To enable us to carry out our work you agree:
- To make a full disclosure to us of all sources of income, charges, allowances and capital transactions and to provide full information necessary for dealing with the company’s affairs. We will rely on the information and documents being true, correct and complete
- To respond quickly and fully to our requests for information and to other communications from us.
- To provide us with information in sufficient time for the company’s self-assessment tax return to be completed and submitted by the due date.
- To forward to us on receipt copies of all statements of account, letters and other communications received from HM Revenue & Customs to enable us to deal with them as may be necessary within the statutory time limits.
- You agree that we can approach such third parties as may be appropriate for information that we consider necessary to deal with your affairs and undertake to authorise such third parties to communicate directly with us.
- Please sign and return the enclosed HM Revenue & Customs form 64-8,(or we can arrange for you to give us on-line client authorisation), which authorises HM Revenue & Customs to send us copies of formal notices. In practice, HM Revenue & Customs will treat this as authority to correspond with us, in which case they will not correspond with you except to the extent that they are formally required to do so. However, this authority does not apply to all HM Revenue & Customs correspondence, and even where it does, HM Revenue & Customs sometimes overlook it. You should therefore always send us the originals or copies of all communications you receive from HM Revenue & Customs
9. VAT returns
You have asked us to undertake the completion of your VAT returns. We cannot be held responsible for any penalties or default surcharges arising from the late submission of VAT returns. However, we will endeavour to meet the relevant deadlines if we receive all the company’s VAT records within 14 days of the end of the VAT return period. You have undertaken that you/your staff will ensure that:
(a) All relevant VAT records are forwarded to us within 14 days of the end of the VAT return period
(b) Valid VAT invoices are received for all payments where VAT is being reclaimed
(c) The VAT rating of supplies is correctly dealt with, i.e. between positive and zero rates and exempt supplies
(d) We are notified in writing of any positive-rated own consumption
(e) Any input VAT on non-business expenditure is clearly marked on supporting invoices
(f) We are notified each quarter of any payments to or for the benefit of directors or staff for fuel used for private mileage, together with the business mileage for each such person, for each quarter
(g) All supplies made by the business are shown in the records made available to us.
It should be understood that our appointment as your agent does not absolve the company or its directors from their statutory responsibilities. We would draw your attention to the strict rules and time limits for the submission of such returns and the substantial penalties which may arise if these are not observed. It is therefore essential that we receive full information from you promptly to enable us to ensure that the returns are made on a timely basis. Completed returns will be sent to you for approval and signature prior to submission on the company’s behalf
10. Online Accounting and Banking service
We will at times require remote access to your computer system to fulfil the agreed work e.g. Sage software and on line banking. You agree that if something should arise with data files or your computer which would require additional assistance or security breach that this is not the fault of 12Bookkeeping and you agree to release and indemnify us of any and all claims, legal litigation, legal costs, damages, or any and all losses.
11. Other Services
There are other areas of where we can be of service, such as business plans, project management. Please get in touch to discuss.
12. Fees and Terms of payment
The monthly pricing plan fees, as set out in the engagement letter and service agreement, shall be paid by the Client monthly in advance. Prices are quoted in UK pounds sterling and are exclusive of VAT.
12Bookkeeping requests that all clients set up a direct debit or BACS for payment and no payment shall be deemed to have been received until 12Bookkeeping has received cleared funds.
The Client shall make all payments due under this Agreement in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Client has a valid court order requiring an amount equal to such deduction to be paid by 12Bookkeeping to the Client.
If the Client is making an annual payment for the service then the full annual payment is payable up front on commencement of the service.
In relation to works which generate an invoice payment is due within 7 days of the date shown on the invoice.
If additional work is completed that is not part of the Service then 12Bookkeeping will notify the approx. cost initially and all payments will be due no later than 7 days after date of invoice.
The Directors of the company jointly and severally guarantee personally that all fees will be paid within the payment terms.
13. Termination of contract
12Bookkeeping reserves the right to terminate the Service if the Client commits a breach of these Terms and Conditions, or if payment of the Service is not paid on time or for any other reason. Any termination will be sent in writing to the Client giving one month’s notice and no refund will be payable by the company for any payments made. If after, one month’s notice the issue has not been resolved, 12Bookkeeping will take action to terminate all activities involving the Service and disengage ourselves as your Agent.
The Client can terminate the Service at any time by contacting 12Bookkeeping giving 30 days notice. No further payment will be taken from the Client unless it is too late to stop the direct debit and no refund will be given from fees already charged. Following cancellation of the Service, 12Bookkeeping will have no further responsibilities in relation to the preparation or filing of the Clients accounting requirements.
14. Agreement of Terms
The terms set out in this page and our Standard Terms of Business below shall take effect immediately upon issue of the engagement letter and or commencement of works, whichever is the earlier.
Once it has been agreed, the engagement letter and the Standard Terms of Business below will remain effective until they are replaced. We shall be grateful if you could confirm your agreement to these terms by signing the engagement letter and returning it to us immediately.
The following standard terms of business apply to all engagements accepted by 12Bookkeeping. All work carried out is subject to these terms except where changes are expressly agreed in writing.
Standard terms of Business
Investment Services
We are not authorised by the Financial Services Authority to conduct Investment Business. If you require investment business services we will refer you to a firm authorised by the Financial Services Authority.
Professional Obligations
Where you give us confidential information we shall at all times keep it confidential, except as required by law or as provided for in regulatory, ethical or other professional pronouncements applicable to this engagement.
Anti-money laundering legislation
All accountants must comply with the duties imposed by the Proceeds of Crime Act 2002, the Terrorism Act 2000 and the Money Laundering Regulations 2007 (the Anti-Money Laundering Legislation), which are intended to inhibit the activities of terrorists and other criminals by denying them access to technical expertise. If we fail to perform these duties, we risk imprisonment.
Before we accept your instructions, we may need to obtain ‘satisfactory evidence’ to confirm your identity. In certain circumstances, we may need to obtain evidence confirming the identities of third parties, the source of any funds or other property, the purpose of any instructions or any other matter. We may also need to obtain such evidence after we have begun to act on your instructions.
We assume that our clients are honest and law abiding. However, if at any time, there appear to be grounds to suspect that your instructions relate to ‘criminal property’, we are obliged to make a report to the Serious Organised Crime Agency (SOCA), but we are prohibited from telling you that we have done so.
Ownership of records
In the event of non-payment of our fees for services rendered, we reserve the right of lien over the books and records in our possession and may withhold the documents until such time as payment of our invoice is received in full. in exercising this right, we will comply fully with any legal or professional obligations.
File destruction
Whilst certain documents may legally belong to you, unless you tell us not to, we intend to destroy correspondence and other papers that we store that are more than seven years old, other than documents which we think may be of continuing significance. If you require the retention of any document, you must notify us of that fact in writing.
Client relations
We are committed to providing a high standard of client service. If you have any ideas as to how our service to you could be improved, or if you are dissatisfied with the service you are receiving, please let us know. In the event that you have a complaint, we will look into this carefully and promptly and do all we can to explain the position to you or address your concerns. In the unlikely event that you are not satisfied with our response, you may make a complaint to the Institute of certified bookkeepers. We will provide you with their contact details on request.
Third parties
All accounts, statements and reports prepared by us are for your exclusive use within your business or to meet specific statutory responsibilities. They should not be shown to any other party without our prior consent.
No third party shall acquire any rights pursuant to our agreement to provide professional services.
Applicable law
The 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 the 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.
Limitation of liability
We will not accept liability if you act on advice given by us on an earlier occasion without first confirming with us that the advice is still good and not affected by any subsequent changes in the law or your circumstances.
We will not accept liability for losses arising from changes in the law or the interpretation thereof that are first published after the date on which the advice is given.
We will not accept liability for any loss suffered by you or any third party as a result of our compliance with the Anti-Money Laundering Legislation or any such legislation.
In accordance with the requirements of our professional body, we maintain appropriate professional indemnity insurance and confirm that our liability in the event of a claim shall be limited to the value of our indemnity limit. Please ask us if you would like further information about our indemnity insurance.
These terms may be updated from time to time without notice, so it is important you review them regularly.