STANDARD TERMS OF SERVICE

 

Fees

 

    • Our fees are agreed prior to the work being undertaken, on a fixed price agreement (FPA).
    • Our standard terms are that payment is made between when we start and when we finish the work by monthly Standing Order, so that you can pay in instalments that suit your cashflow, or as otherwise agreed.
    • In the case of Extra Work orders (EWO) or if more suitable to you, then we have the additional option for you to pay us by Cheque when we start our work for you.
    • Any out of pocket expenses, including mileage at HMRC FPC rates, incurred by us will be added to invoices together with VAT and we reserve the right to charge reasonable interest on bills that are not paid on time.

     

 

Client monies

 

    • 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’ Money Regulations of the Institute of Chartered Accountants in England and Wales.
    • To avoid complex financial administration procedures, all interest accruing on amounts placed in our Client Bank Account shall belong to tcp.

 

 

Retention of and access to records

 

    • 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 completion of the agreed work.
    •  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.

     

 

Applicable law

 

    • The Fixed Price Agreement and Service Terms 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 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.
    • 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.
    • 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.

 

Electronic communication

 

    • Most of our communications with you will be by email and electronic transfer of data.  As with 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 all attachments received.
    • It is your responsibility to ensure that you inform tcp of any changes to your email address to ensure communications are delivered in a prompt manner.
    • 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.
    • It is the responsibility of the recipient to carry out a virus check on any attachments received.

 

Data Protection Act 1998

 

  • We may obtain, use, process and disclose personal data about you in order that we may discharge the services agreed under these Service Terms, 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 confirm when processing data on your behalf that we will comply with the relevant provisions of the Data Protection Act 1998.  For the purposes of the Data Protection Act 1988 you have a right of access to the personal data that we hold about you from the Data Controller under data protection legislation.

 

Confidentiality

 

  • Where you give us confidential information, we confirm that we shall at all times keep it confidential, other than as required by law or as provided for in regulatory, ethical or other professional statements relevant to our engagement. 
  • 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.

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    External review

     

    • 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.

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      Quality of service

       

      • It is important that you receive the service quality that we promised and you had hoped for and that makes it important to us too.  We want to provide you with a first class service at all times.
      • If for any reason at all, you feel you are not receiving that service quality, you must let us know about it immediately so that we can put it right for you.  And if you would like to discuss with us how our service could be improved or if you are dissatisfied with the service you are receiving please let us know immediately.
      • We will investigate any complaint carefully and promptly and do all we can to put the problem right and explain the position to you.  If we do not deal with the complaint to your satisfaction you may take up the matter with The Institute of Chartered Accountants in England and Wales.

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        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.  In particular you give us the authority to correct errors made by HMRC where we become aware of them. 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/membershandbook.

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          Conflicts of interest

           

          • 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 you.
          • 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 section 3, sub-section 220.

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            tcp Employees & Professional Rules and Guidelines

             

            • Should you employ any member of tcp staff as a result of contact with them in the ordinary course of business then tcp will be entitled to charge a fee equal to 20% plus VAT, of the gross annual salary offered to the employee concerned.
            • We will observe the bye laws, regulations and ethical guidelines of The Institute of Chartered Accountants in England and Wales (ICAEW) and accept instructions to act for you on the basis that we will act in accordance with those guidelines.  Copies of these requirements are available for inspection at the ICAEW or at our offices.

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              Financial Services and Markets Act 2000

               

              • We may in the course of other professional services assist you with regard to exempt regulated activities incidental to the other professional services.
              • 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, as we are not.  However, as we’re licensed by The Institute of Chartered Accountants in England and Wales, we may be able to provide certain limited investment services where these are complimentary to or arise out of the professional services we are providing to you.

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                Proceeds of Crime Act 2002 & Money Laundering Regulations 2007

                 

                • 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 for all client;:
                  • Maintain appropriate records of evidence to support client due diligence;
                  • Report in accordance with the relevant legislation and regulations.