Success Story Builder Terms & Conditions
1 Fees
1.1 The subject of accounting fees is obviously of interest both to us and to yourselves. You as a client want to feel you are getting your money’s worth for the fee you pay, and we must have fees that are adequate to enable us to give a good service.
In much of the work we do, we are reasonably able to predict how much time it should take, and are willing to make a firm estimate of this fee in advance. Often it is impossible to predict all the problems we are likely to encounter on the job. Hence, if within doing work to the value of 30% of the quoted fee, we find that our estimate was materially wrong, we will discuss this with you prior to incurring further fees.
1.2 Our fees are based on the time necessarily spent on your affairs by the partners and staff involved. Clients are billed at agreed intervals, and our settlement terms are as follows:
- a) Our fee notes must be settled within 7 days. If the 7 day period is exceeded they are deemed overdue.
- b) If fees are not settled within 30 days from the fee note date, on the 31st day interest will be charged at 1.5% per month from the date they became overdue.
- c) All fee notes shall be deemed conclusive of the sums due and payable to you under them and may not be challenged other than in writing within 21 days of your receiving the disputed fee note concerned.
1.4 We enter into a trusting relationship. The directors instruct us knowing their ability to meet our fees. If the Company is unable to pay our fees incurred from time to time for whatever reason, the directors personally accept the liability for our charges.
2 Retention of and access to records
2.1 We choose not to accept physical paperwork at our offices. For this reason we offer secure portals to receive your electronic versions of any paperwork you wish to send us.
In unusual circumstances, where paperwork is necessary, we will scan and return or destroy the physical copy. If this becomes a regular occurrence, there may be a fee for the return or destruction raised.
3 Quality control & Confidentiality
3.1 To ensure a rapid response and cost effective service to you, we, on occasions, employ sub-contractors, who may work from home because of child minding requirements, or disability issues. They are appropriately qualified and provide a valuable resource to the firm.
3.2 All our staff and sub-contractors are professional and appropriately qualified. They are under a confidentiality agreement.
3.3 As part of our ongoing commitment to providing a quality service, our files are periodically subject to an independent quality review. Our reviewers are highly experienced and professional people and are, of course, bound by the same requirements of confidentiality as our principals and staff.
4 Help us to give you the right service
4.1 If at any time you would like to discuss with us how our service to you could be improved, or if you are dissatisfied with the service you are receiving, please let us know, by calling us.
4.2 We undertake to look into any complaint carefully and promptly and to do all we can to explain the position to you. If you feel that we have given you a less than satisfactory service, we undertake to do everything reasonable to address your concerns. If you are still not satisfied, you may of course take up matters with the Institute of Chartered Accountants in England and Wales.
4.3 We regularly solicit feedback from our clients, in electronic formats including surveys, audio reports, and video feedback. These help us improve our services, and help potential clients understand the value we bring existing clients. As part of our engagement, we would appreciate at least one piece of feedback every quarter.
5 Applicable law
5.1 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
6 Electronic communication
6.1 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.
6.2 If correspondence is requested in paper format, a disbursement charge of £100 per year is payable to cover the handling and postage of the correspondence.
6.3 It is the responsibility of the recipient to carry out a virus check on any attachments received.
7 Data Protection Act 1998
7.1 We may obtain, use, process and disclose personal data about you in order that we may discharge the services agreed under this engagement letter, 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. 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 Gordon D’Silva.
7.2 See our Privacy Policy for GDPR Compliance terms and conditions.
8 Contracts (Rights of Third Parties) Act 1999
8.1 Persons who are not party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any 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.
9 Agreement of terms
9.1 The terms set out in this letter shall take effect immediately upon your countersigning this letter and returning it to us or upon the commencement of the accounts, and tax return for the accounting period we first work on starting from the date of this letter, whichever is the earlier.
9.2 Once it has been agreed, this letter will remain effective until it is replaced. We shall be grateful if you could confirm your agreement to these terms by signing the enclosed acknowledgement of this letter and returning it to us immediately.
10 Money laundering
10.1 We have a duty under section 330 of the Proceeds of Crime Act 2002 to report to the National Criminal Intelligence Service (NCIS) if we know, or have reasonable cause to suspect, that you, or anyone connected with your business, are or have been involved in money laundering. Failure on our part to make a report where we have knowledge or reasonable grounds for suspicion would constitute a criminal offence.
10.2 The offence of money laundering is defined by section 340(11) of the Proceeds of Crime Act and includes concealing, converting, using or possessing the benefits of any activity that constitutes a criminal offence in the UK. It also includes involvement in any arrangement that facilitates the acquisition, retention, use or control of such a benefit.
This definition is very wide and would include such crimes as:
deliberate tax evasion;
deliberate failure to inform the tax authorities of known underpayments or excessive repayments;
fraudulent claiming of benefits or grants; or
Obtaining a contract through bribery.
Clearly this list is by no means an exhaustive.
10.3 We are obliged by law to report any instances of money laundering to NCIS without your knowledge or consent. In fact, we may commit the criminal offence of tipping off under section 333 of the Proceeds of Crime Act if we were to inform you that a report had been made. In consequence, neither the firms’ principals nor staff may enter into any correspondence or discussions with you regarding such matters
10.4 We are not required to undertake work for the sole purpose of identifying suspicions of money laundering. We shall fulfil our obligations under the Proceeds of Crime Act 2002 in accordance with the guidance published by The Institute of Chartered Accountants in England and Wales.
11 Limitation of liability
11.1 We will provide our professional services with reasonable care and skill. However, we will not be held responsible for any losses 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 other relevant authorities.
11.2 You agree to hold harmless and indemnify us against any representation, whether intentional or unintentional, supplied to us orally or in writing in connection with this agreement. You have agreed that you will not bring any claim in connection with services provided to you by the firm against any of our employees on a personal basis.
We limit our liability to 2 times our accounts fee for accountancy work, and 4 times our fee for tax work.
12 Late filing penalties
There are a number of penalties for late filing of returns, etc. To ensure that we able to meet these deadlines on your behalf, we must identify when information has to be submitted to our offices.
We will not be held responsible for any penalties arising where the information is not with us by the due date. If you are in any doubt, you should contact us to check. Further you are requested to reply to our queries by return of post (within 3 working days). This is essential where we are close to the deadline (within 30 days).
However, be in no doubt that we will always do our utmost to ensure that you are not subjected to penalties.
13 Client monies
13.1 We choose not to hold client monies.
14 “Our 30 Day Happiness Guarantee”
14.1 Whilst it is unlikely that we will have everything running smoothly within 30 days, we expect to make significant progress. This should demonstrate to you our commitment and ability to serve you and meet our engagement requirements. If, for any reason, you feel that performance is below your expectations, simply let us know, and we will refund your payment and cancel the engagement. No questions asked, unless you choose to tell us the reasons which may help us improve our services.
Beyond the 30 days, we have a 30 day notice period.
Yours sincerely
Gordon D’Silva BSc ACA
Success Story Builder Ltd