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Terms & Conditions – Terms of Engagement
Please read the following terms of engagement carefully and ensure that you fully understand their contents, as they establish the terms of our appointment. If you have any questions, concerns, or do not understand any part of these terms, please contact us before consenting. We recommend seeking appropriate advice before agreeing to our terms of engagement.
1. Services
The paragraphs below detail the services we will provide as part of this business relationship. If at any time you require additional services, you must inform us in writing via email or letter. From time to time, we may offer additional services, and you will be informed of these recommendations in writing. If you decide to accept the additional services offered, you must confirm your acceptance in accordance with these terms of engagement.
All work we complete will be based upon the information you and your business provide. The accuracy of the work we produce is dependent on the accuracy of the information you provide.
2. Fees
Our fees are calculated based on the time spent and the level of expertise required for the work undertaken. The complexity of the task and the qualifications of the staff involved are also considered in determining the charges. Our fees are agreed upon through direct communication with you, either via email, letter, or phone conversation, ensuring clarity and mutual understanding before any work commences.
If the VAT registration is requested after joining then additional charges will be applicable, both for VAT registration and ongoing VAT returns management. All fees will be informed through direct communication with you, either via email, letter, or phone conversation, ensuring clarity and mutual understanding before any work commences.
Where an address facility is provided, it is solely for correspondence purposes. Our address cannot be used for parcel deliveries, Google promotions, or advertisements.
While we will endeavour to assist where necessary, contacting HMRC, Companies House, or any other body on your behalf is **not** covered within the standard fees and may incur additional charges.
Unless otherwise agreed, our fees will be charged under the heading of “Accountancy and Tax Services” for each main class of work mentioned above. Fees are billed upfront and must be collected before work commences to allow us to allocate the best resources.
Your one off fees and/or monthly accountancy fees are subject to periodic review. We may change your monthly price plan due to various factors, including but not limited to economic fluctuations, market conditions, changes in labor costs, or revisions in statutory regulations. In the event of any adjustments to this rate, we will provide you with prior notification via a formal letter or email, with a minimum notice period of 30 days.
We will charge for any parking charges (excluding any fines or penalties) and any public or private transport fares/fuel expenses incurred while undertaking work on your behalf outside our office or at your premises.
3. Payment Continuity
Where fees are billed on a monthly basis, payments will be collected via Direct Debit during the year. Given that accountancy work often requires ongoing monthly engagement, should Direct Debit payments be delayed or defaulted for two months or more, we reserve the right to cease work with immediate effect, without notice.
If annual accounting fees are collected on a monthly cycle, no refunds will be issued if you cancel our services midway through the company’s financial year due to the regular monthly engagement and time spent on your accountancy/tax affairs. If you re-join within the year and expect us to prepare your year-end statutory accounts/tax returns, the difference between the full yearly fees and any payments already made will become payable.
4. Instructions for Cancellation (Regular Clients on Direct Debit)
You have the right to cancel our appointment within the first 14 days of joining us. The right to cancel (cool-off period) will expire after 14 days from the day the contract is concluded. After the cool-off period, you are required to provide us with a two-month paid notice period for cancellation. If you are on a Direct Debit plan, an equivalent of two months’ fees on invoice or continuous Direct Debit will continue at the latest agreed monthly fees during this notice period. The paid notice period is required to cover our charges for post-termination engagements on your behalf, such as document handover to yourself or your agent, and to comply with data protection regulations.
To exercise your right to cancel, you must inform us of your decision by a clear written statement. If you choose to cancel via email, we will acknowledge receipt of your cancellation by both post and email without delay.
To meet the cancellation deadline, it is sufficient for you to send your communication regarding your right to cancel before the cancellation period expires. Please keep all documentary evidence of proof of posting, as this may be requested by us for clarification. We will consider your contract canceled on the day your cancellation is posted or submitted to us (where the electronic form is used). If you cancel by phone, we will consider your contract canceled from the day of the telephone call.
If you cancel within your 14-day cancellation period, we shall reimburse any payments collected in excess of the work carried out for you. You will not incur any extra fees beyond those agreed as a result of the cancellation, unless we have already commenced services, in which case you shall be required to pay us all outstanding fees for the work performed at our hourly rate of £100 + VAT/hour.
If we undertake backlog clearance and/or complete year-end accounts with less than a full financial year’s worth of underlying Direct Debit payments, we reserve the right to request fees equivalent to the full financial year.
5. Termination of Engagement (One-off / Ad-Hoc Service Only)
You may terminate our engagement under any clause within these terms of engagement if you have instructed us on an ad-hoc or one-off basis. You may terminate our appointment by providing us with written notice within 7 working days of the date you wish to terminate this agreement. You will be liable to pay fees of £250 + VAT or an amount equal to the work completed (whichever is greater) to cover the cost of work already done and/or preparation of your files for your new accountant or yourself, and managing records post-termination in line with data protection regulations.
We may terminate our engagement under any clause within this letter. If we choose to terminate the engagement, we will provide you with written notice within 7 working days of the date we wish to terminate the agreement.
We aim not to terminate our appointment if it would unreasonably affect your ability to meet HMRC and/or Companies House deadlines, unless we suspect you are involved in criminal activity or have directly breached any part of our terms of engagement.
6. Notification of Changes
If at any point your details change, you agree to notify us as soon as practicable.
7. Client / Your Responsibilities
As an unincorporated business, individually operated, and/or a corporate entity, you are personally liable for the actions and liabilities of your business/enterprise. It is ultimately your responsibility to ensure that appropriate records of sales and expenses are kept for the relevant tax year in accordance with all applicable deadlines. You must pay all relevant income tax and National Insurance contributions, register for VAT when required, and, if applicable, register with HMRC for the Construction Industry Scheme (CIS) and other relevant schemes.
You are responsible for providing all necessary information, documents, and assistance required for the completion of our services. You shall ensure that all information provided is accurate, complete, and timely. You agree to inform us of any changes in your business operations, financial status, or any other relevant matter that may affect the services provided.
8. Our Responsibilities as Your Accountant
We hold no statutory responsibility or obligations to you or your business beyond those defined in this document and any other documents issued for the purposes of establishing our relationship.
Accounting and Taxation:
Upon receipt and thorough review of your documents, we will prepare your accounts and tax return. However, our services do not include an audit of the documents and information you provide. The responsibility for the accuracy and completeness of this information lies solely with you.
Once we have compiled your accounts and tax return based on the information you have furnished, and with your approval and signature, we will submit them to Companies House and HM Revenue & Customs (HMRC), as required. If your tax return is rejected by HMRC, we will inform you immediately and assist in addressing any issues for a successful resubmission.
9. Data Protection
The data controller for our practice is Maz Zaheer. If you have any concerns about data protection in relation to this engagement, please contact our data controller.
In accordance with the Data Protection Act 1998, we are registered with the Information Commissioner’s Office (ICO), registration number ZA683231.
During our engagement, we will process certain personal data relating to you and your business. Personal data will be processed fairly and lawfully. Data will be collected directly from you and may also be requested from third parties, such as your previous accountant.
Data will primarily be stored electronically, though it may be necessary for us to store data in a non-electronic format. We have appropriate security measures and safeguards in place to protect your data.
We may use third-party software or outsource certain services, which may involve storing information on servers not located on our premises or using cloud-based servers. We are not responsible for data breaches resulting from third-party actions and hold no responsibility for any data loss or compromise.
We will retain financial information relating to this engagement for a period of 6+1 years (seven years) and any information related to client due diligence for ten years. After the applicable period, the data will be securely destroyed.
We may disclose personal data about you to facilitate the completion of this engagement, to prevent crime, and to comply with both statutory and voluntary regulatory requirements. From time to time, we may disclose information to our voluntary regulatory bodies, such as the Association of Accounting Technicians, the Association of International Accountants, and the Institute of Financial Accountants, for assurance purposes.
If you wish to access the data we hold on you, you must issue a written request. We aim to respond to all written requests within twenty working days.
A full copy of our practice’s data protection policy can be requested from us.
10. Client Due Diligence
We will conduct appropriate due diligence before confirming our appointment/engagement. If, after due diligence, we decide not to pursue the engagement, we will notify you in writing within twenty working days of this letter being issued and refund any fees paid.
Our due diligence process requires us to verify your identity, which may involve accessing government-issued photo identification documents and possibly conducting a ‘soft search’ of your credit records.
We reserve the right to contact your previous accountant as part of our due diligence process.
11. Money Laundering Regulations 2007 and Proceeds of Crime Act 2002
Money laundering is an offence defined in section 340(11) of the Proceeds of Crime Act 2002. This offence includes possessing, concealing, using, or converting the benefits of any criminal activity, and/or creating arrangements that facilitate such activities.
Under section 330 of the Proceeds of Crime Act 2002, we are required to report to the National Crime Agency (NCA) any suspicions of money laundering without your knowledge.
For the purposes of the Money Laundering Regulations 2007, we are regulated as an accountancy service provider by the Institute of Financial Accountants (IFA).
12. Conflicts of Interest
We maintain a conflicts of interest policy. Under this policy, we are required to disclose any conflict of interest that we identify.
Where appropriate, we will develop and implement proportionate safeguards against any conflict of interest. If we are unable to implement appropriate safeguards, we may terminate this engagement, notifying you promptly.
13. Commission
From time to time, we may receive commissions or other benefits from third parties for making referrals. If a referral leads to a commission or other benefit for us, we will notify you in writing before the referral is made, detailing the type and amount of commission or benefit.
14. Investment / Financial Advice
We are not regulated by the Financial Conduct Authority (FCA) to conduct investment business or provide financial or investment advice. If you require such services, we may refer you to an FCA-regulated business independent of us.
15. Changes in the Law
We cannot accept any responsibility or liability for losses or damages incurred due to changes in the law or changes in the interpretation of the law.
16. Professional Indemnity Insurance
We confirm that we hold sufficient professional indemnity insurance as required by our practicing certificate with the Institute of Financial Accountants (IFA).
17. Compliments and Complaints
We welcome feedback from our clients. If you wish to provide compliments or highlight something we have done well, please contact our Director at 01494 264826 or via email at maz@totaltaxaccountants.co.uk.
If you have a complaint, please contact the Director at the same contact details. We will aim to resolve your complaint informally. If unresolved, please submit a formal complaint in writing, and we will respond within twenty working days. More details can be found in our complaints policy.
If you have completed all steps of our complaints policy but feel your issue remains unresolved, you may contact our professional body, the Institute of Financial Accountants (IFA). Details of this procedure can be found on the IFA website. Please note that the IFA does not intervene in fee disputes.
18. Intellectual Property
We retain the rights to any documents prepared by us during this engagement, except where the law specifically provides otherwise.
19. Applicable Law
This engagement letter shall be governed by English Law. The Courts of England shall have exclusive jurisdiction in relation to any dispute, claim, or difference relating to the engagement letter and any matter arising from it.
20. Third Party Rights
This engagement and all work produced are intended solely for the addressed individual/entity. We accept no responsibility to third parties for any advice or work produced under this engagement. Only a party to this agreement has the right to enforce its terms, and no rights or benefits are conferred on any third party under the Contracts (Rights of Third Parties) Act 1999.
21. Client Monies
We may, from time to time, hold money on your behalf in a separate client bank account. If compelled by law, we may refuse a request to transfer money from a client bank account to you.
We will not claim fees owed from any money held in a client’s bank account unless you have given permission in writing.
22. Limitation of Liability
Our liability for loss or damage arising from the provision of services is limited to a sum equal to the fee charged for the part of the service which is the subject of the claim, except in cases of fraud or where such limitation is not permitted by law.
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Client’s Name (If Printed):
Signature:
Date Signed:
Please do not hesitate to contact us if you require any further information.
Yours faithfully,
Total Tax Accountants
Leading Accountants High Wycombe and the surrounding areas.
Total Tax Accountants ® (Reg Trade Mark)
Trade name of Total Tax Accountancy Ltd
Member In Practice Firm AAT & IFA in UK
Approved Firm by ACCA Employer in UK
Office Address
30 High St, High Wycombe HP11 2AG
© 2008-2023 Total Tax Accountants ®