Terms and conditions

Published: 08 Feb 2013

 

Written by Ray Coman

 

1.

Professional rules and practice guidelines

1.1. We will observe the bye-laws, regulations and ethical guidelines of The Association of Chartered Certified Accountants (ACCA) and Chartered Institute of Taxation (CIOT) and accept instructions to act for you on the basis that we will act in accordance with those guidelines. In particular you give us authority to correct HM Revenue & Customs errors.
2.

Quality of service

2.1. We are committed to providing you with a high quality service that is both efficient and effective.  If you would like to discuss with us how our service could be improved or if you are dissatisfied with our service please let us know by contacting Mr. Raphael Coman, FCCA, CTA.
2.2. 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 ACCA or CIOT.
3. 

Reliance on advice

3.1.  We will endeavour to record all advice on important matters in writing.  Advice given orally is not intended to be relied upon unless confirmed in writing.
4.

Investment Advice

4.1.  Investment business is regulated under the Financial Services and Markets Act 2000. 
4.2. If, during the provision of professional services to you, you need advice on investments, including insurances, we may have to refer you to someone who is authorised by the Financial Services Authority as we are not.
5.

Fees

5.1. Our charges are computed on the basis of fees for the time spent on your affairs which depends on the levels of skill and responsibility involved and disbursements incurred in connection with the engagement.
5.2.  If we provide you with an estimate of our fees for any specific work, then the estimate will not be contractually binding unless we explicitly state that that will be the case.
5.3. Where requested we may indicate a fixed fee or range of fees for the provision of specific services.  It is not our practice to identify fixed fees for more than a year ahead as such fee quotes need to be reviewed in the light of events.  If it becomes apparent to us, due to unforeseen circumstances, that a fee quote is inadequate, we reserve the right to notify you of a revised figure or range and to seek your agreement thereto.
5.4. In some cases, you may be entitled to assistance with your professional fees, particularly in relation to any investigation into your tax affairs by HMRC, for instance through insurance policies you hold.  Other than where such insurance was arranged through us you will need to advise us of any such insurance cover that you have.  You will remain liable for our fees regardless of whether all or part are liable to be paid by your insurers.
5.5. Our invoices are payable on presentation.  We reserve the right to charge interest on late paid invoices at the rate of 3% above bank base rates. We also reserve the right to suspend our services or to cease to act for you on giving written notice if payment of any fees is unduly delayed.  We intend to exercise these rights only where it is fair and reasonable to do so.
5.6. If you do not accept that an invoiced fee is fair and reasonable you must notify us within 21 days of receipt, failing which you will be deemed to have accepted that payment is due.
5.7. 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 of the ACCA or CIOT.
6.

Limitation of liability

6.1. The advice which we give to you is for your sole use and does not constitute advice to any third party to whom you may communicate it.
6.2.  We will provide the professional services outlined in this letter 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 failure to act on our advice or respond promptly to communications from us or the tax authorities.
7.

Confidentiality 

7.1. Communication between us is confidential and we shall take all reasonable steps to keep confidential your information except where we are required to disclose it by law, by regulatory bodies, by our insurers or as part of an external peer review.
7.2. We may, on occasions, subcontract work on your affairs to other tax or accounting professionals.  The subcontractors will be bound by our client confidentiality terms.
7.3. We reserve the right, for the purpose of promotional activity, training or for other business purpose, to mention that you are a client.  As stated above we will not disclose any confidential information.
8.

Lien

8.1. Insofar as we are permitted to so by law or professional guidelines, we reserve the right to exercise a lien over all funds, documents and records in our possession relating to all engagements for you until all outstanding fees and disbursements are paid in full.
9.

Retention of records

9.1. You have a legal responsibility to retain documents and records relevant to your tax affairs.  During the course of our work we may collect information from you and others relevant to your tax affairs.  We will return any original documents to you if requested.  Documents and records relevant to your tax affairs are required by law to be retained for individuals with trading or rental income for five years and ten months after the end of the tax year; or otherwise for 22 months after the end of the tax year; or for companies for six years after the end of the accounting period.

9.2.

Whilst certain documents may legally belong to you we may destroy correspondence and other papers that we store, electronically or otherwise, which are more than 7 years old. You must tell us if you require the return or retention of any specific documents for a longer period.

10.

Commissions or other benefits 

10.1. In some circumstances we may receive commissions or other benefits for introductions to other professionals or in respect of transactions which we arrange for you.  Where this happens we will notify you in writing of the amount and terms of payment and receipt of any such commissions or benefits.
11.

Electronic communication

11.1. As internet communications are capable of data corruption we do not accept any responsibility for changes made to such communications after their despatch.  It is the responsibility of the recipient to carry out a virus check on any attachments received.  If you do not accept this risk, you should notify us in writing that e-mail is not an acceptable means of communication.
12.

Applicable law

12.1. These standard terms and conditions are 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 them and any matter arising from them.  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.
13.

Data Protection Act 1998

13.1. 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 Coman & Co. Ltd.
14.

Contracts (Rights of Third Parties) Act 1999

14.1. A person who is not party to this agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
15.

Money Laundering Regulations 2007

15.1.  In accordance with the Proceeds of Crime Act 2002 and Money Laundering Regulations 2007 you agree to waive your right to confidentiality to the extent of any report made, document provided or information disclosed to the Serious Organised Crime Agency (SOCA).
15.2. You also acknowledge that we are required to report directly to SOCA without prior reference to you if during the course of undertaking any assignment the person undertaking the role of Money Laundering Reporting Officer becomes suspicious of money laundering.
15.3. As a specific requirement of the Money Laundering Regulations we may require you to produce evidence of identity.  Copies of such records will be maintained by us for a period of at least five years after we cease to act for you.
16.

Period of engagement and termination

16.1. Each of us may terminate this agreement by giving not less than 21 days notice in writing to the other party except where you fail to cooperate with us or we have reason to believe that you have provided us or HMRC with misleading information, in which case we may terminate this agreement immediately.  Termination will be without prejudice to any rights that may have accrued to either of us prior to termination.
16.2. In the event of termination of this contract, we will endeavour to agree with you the arrangements for the completion of work in progress at that time, unless we are required for legal or regulatory reasons to cease work immediately.  In that event, we shall not be required to carry out further work and shall not be responsible or liable for any consequences arising from termination.
17.

Disengagement

17.1. Should we resign or be requested to resign we will normally issue a disengagement letter to ensure that our respective responsibilities are clear.
17.2. Should we have no contact with you for a period of one year or more we may issue to your last known address a disengagement letter and hence cease to act.

Add comment


Security code
Refresh