Terms of Business
This page sets out the basis on which we will carry out work on your behalf. It should be read together with any engagement letter which we may write to you which may relate to a specific matter or generally to work we do for you. These documents set out the contract between us. If there is any conflict between these terms and the engagement letter, then the latter will apply.
This is an important document therefore please keep it safe.
We will achieve the best results for you if you give us as much information as possible at the outset. Please inform us as soon as you can of any changes in your objectives or circumstances, or if you receive new relevant information.
Any service rendered by us, unless otherwise agreed in writing by us, is solely for your benefit and must be kept confidential. Our work may not be relied on by you except for the purposes of the matter to which it relates. Our work is not, unless there is a legal or regulatory requirement, to be made available to third parties without our written permission and we will accept no responsibility to third parties for any aspect of our professional services or work that is made available to them.
We will communicate with you at any address, fax, email or telephone number we have for you, unless you ask us to use a particular address. Please tell us if you would like envelopes marked in any particular way.
Email travels over the public internet and is subject to its shortcomings. Once a message has left our server, we cannot guarantee that it will remain confidential.
We will keep all information relating to your affairs confidential. You and we agree that we have no obligation to disclose to you confidential information about other clients and equally will not disclose your confidential information to other clients.
We may disclose information to third parties if:
- You agree that we should; or
- It is within the scope of our instruction to do so; or
- We are required to do so by law or by our insurers
Prevention of money laundering
We may need to ask for additional information about the source of funds for a transaction and we may refuse to proceed if we are not reasonably satisfied about the source and legitimacy of funds. We are required by law to report arrangements that may involve the proceeds of crime.
In this clause, the following definitions shall apply:
‘client personal data’ means any personal data provided to us by you, or on your behalf, for the purpose of providing our services to you, pursuant to our engagement letter with you;
‘data protection legislation’ means all applicable privacy and data protection legislation and regulations including PECR, the GDPR and any applicable national laws, regulations and secondary legislation in the UK relating to the processing of personal data and the privacy of electronic communications, as amended, replaced or updated from time to time;
‘controller’, ‘data subject’, ‘personal data’, and ‘process’ shall have the meanings given to them in the data protection legislation;
‘GDPR’ means the General Data Protection Regulation ((EU) 2016/679); and
‘PECR’ means the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003).
We shall each be considered an independent data controller in relation to the client personal data. Each of us will comply with all requirements and obligations applicable to us under the data protection legislation in respect of the client personal data.
You shall only disclose client personal data to us where:
(i) you have provided the necessary information to the relevant data subjects regarding its use (and you may use or refer to our privacy notice available at www.mjpaccountants.co.uk ;
(ii) you have a lawful basis upon which to do so, which, in the absence of any other lawful basis, shall be with the relevant data subject’s consent; and
(iii) you have complied with the necessary requirements under the data protection legislation to enable you to do so.
Should you require any further details regarding our treatment of personal data, please contact our Data Protection Point of Contact.
We shall only process the client personal data:
(i) in order to provide our services to you and perform any other obligations in accordance with our engagement with you;
(ii) in order to comply with our legal or regulatory obligations; and
(iii) where it is necessary for the purposes of our legitimate interests and those interests are not overridden by the data subjects’ own privacy rights.
Our privacy notice (available at www.mjpaccountants.co.uk ) contains further details as to how we may process client personal data.]
Our fees are computed on the basis of time spent on your affairs by our staff according to the levels of skill and responsibility involved. Our fees are subject to VAT. Unless explicitly stated otherwise any estimate of fees given is only intended to be an indication of our costs and not a fixed quotation. We may agree with you a limit on the fees that we may incur without further reference to you in which case that limit will not be exceeded without your consent. Any such limit must be agreed in writing between us. We may also charge you for photocopying and disbursements (e.g. Companies House filing fees) that we incur on your behalf.
We are entitled to render a payment request on the completion of each separately identifiable and independent component of our annual work, as set out in the engagement letter issued to you, unless we agree otherwise in writing. We shall be entitled to refuse to carry out further work on your behalf if any Payment from you is not received when due. We reserve the right at the outset of our instructions or at any other time to ask you to pay a reasonable amount on account of our future fees or disbursements likely to be incurred on your behalf.
A VAT invoice will be issued on receipt of your payment.
If it is necessary in order to complete the work that you have requested we undertake, for us to carry out work outside the responsibilities outlined in the engagement letter issued to you, additional fees will arise on the basis of time spent. Accordingly it is in your interests to ensure that your records etc. are completed to the stage agreed.
If you withdraw your instructions from us or a matter fails to proceed we will be entitled to charge a reasonable amount for the work completed plus any disbursements incurred.
Our terms relating to the payments of amounts billed (including VAT) and not covered by standing orders, where appropriate, are strictly 30 days from the date of the payment request. Interest and compensation for recovery costs may be charged on all overdue debts at the rate for the time being applicable under the Late Payment of Commercial Debts (Interest) Act 1998.
Professional Indemnity Insurance
MJP Accountants has professional indemnity insurance cover with HCC International Insurance Company plc, 1 Aldgate, London EC3N 1RE under policy number PI14D694971. The cover is worldwide excluding USA/Canada.
These terms of business and the engagement letter we have issued to you are governed by, and construed in accordance with English Law. Should any provision of these terms of business or our engagement letter be held to be invalid, the remaining provisions will continue in full force and effect.
The Courts of England will have the exclusive jurisdiction in relation to any claim, dispute or difference concerning these terms and the engagement letter issued to you and any matters 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.
Contracts (Rights of Third Parties) Act 1999
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 or otherwise acquire any rights under its terms. This clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
The work that we do for you is for your sole use and does not constitute advice to any third party to whom we may communicate it. We accept no responsibility to third parties for any aspect of our professional services or work that is made available to them.
Limitation of liability
We will provide services as outlined in this letter with reasonable care and skill. Our liability to you is limited to losses, damages, costs and expenses caused by our negligence or wilful default. However, to the fullest extent permitted by law, we will not be responsible for any losses, penalties, interest or additional tax liabilities where you or others supply incorrect or incomplete information, or fail to supply any appropriate information or where you fail to act on our advice or respond promptly to communications from us.
You will not hold us responsible, to the fullest extent permitted by law, for any loss suffered by you arising from any misrepresentation (intentional or unintentional) supplied to us orally or in writing in connection with this agreement.
Our work is not, unless there is a legal or regulatory requirement, to be made available to third parties without our written permission and we will accept no responsibility to third parties for any aspect of our professional services or work that is made available to them.
Help us to give you best service
We are committed to providing you with a high quality service that is both efficient and effective. If, at any point 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 contacting John Dwyer, Managing Partner at the address given below.
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, of course, take up the matter with our professional body, ICAEW.
Updated: 31 October 2020