STANDARD TERMS AND CONDITIONS OF BUSINESS
These terms and conditions should be read alongside the Engagement Letter, Schedule of Services and Privacy Notice.
1. Applicable law
Our engagement letter, schedule of services and these standard terms and conditions are governed by the law of England and Wales.
Both parties agree that the courts of England and Wales will have exclusive jurisdiction in relation to any claim, dispute or difference arising from this engagement.
2. Client identification and verification
In accordance with the Proceeds of Crime Act 2002, the Terrorism Act 2000, the Money Laundering Regulations 2017 and the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, we are required to maintain appropriate procedures to prevent money laundering and terrorist financing.
As part of these obligations we are required to undertake client due diligence and verify the identity of our clients and, where applicable, beneficial owners of businesses before commencing work. We may request identification documents and other information from you for this purpose and may also carry out electronic verification checks using appropriate databases or identification software.
Where satisfactory evidence of identity cannot be obtained we will not be able to commence or continue the engagement.
If, during the course of our work, we become aware of information which gives rise to a suspicion of money laundering or terrorist financing, we may be required to submit a report to the National Crime Agency. In such circumstances we are prohibited from discussing the matter with you.
Records obtained as part of our client due diligence procedures will normally be retained for a minimum of five years after the end of the business relationship, unless we are required to retain them for longer under legal or regulatory obligations.
3. Client money
Rossendale Bookkeeping Limited does not hold client money.
Any funds paid to us in error will be returned to the original payment method as soon as reasonably possible.
4. Commissions and other benefits
From time to time we may introduce clients to other professional advisers or service providers.
Where we receive commission or other benefits as a result of such introductions we will disclose this to you in writing.
5. Complaints
We aim to provide a high standard of service at all times.
If the matter cannot be resolved you may seek independent advice.
As we are supervised by HM Revenue and Customs for anti-money laundering purposes, you may also contact HMRC if your complaint relates to regulatory matters.
6. Confidentiality
All information relating to your affairs will be treated as confidential.
We will not disclose your information to third parties unless:
• we are authorised to do so
• disclosure is required by law or regulation
• disclosure is permitted under our privacy notice
This duty of confidentiality continues after the engagement ends.
Where necessary we may subcontract certain work to suitably qualified professionals. Any subcontractor will be bound by the same confidentiality obligations.
7. Conflicts of interest
If a conflict of interest arises between you and another client we will take appropriate steps to manage the situation where possible.
Where a conflict cannot be managed in a way that protects your interests we may have to cease acting for one or more parties.
8. Data protection
We will process personal data in accordance with our Privacy Notice and the requirements of the Data Protection Act 2018 and UK GDPR.
9. Disengagement
If either party decides to terminate the engagement we will normally issue a disengagement letter confirming that our professional relationship has ended.
Where we have had no contact with you for a period of 12 months or more we may issue a disengagement letter and cease acting.
After termination we may destroy documents that have not been collected by you after a period of six months unless legal or regulatory obligations require otherwise.
10. Electronic communication
We may communicate with you and relevant third parties using email or other electronic means.
Electronic communication carries certain risks including non-receipt, delayed receipt or interception by third parties.
While we use appropriate security and virus scanning systems we cannot guarantee the security of electronic communications and cannot accept liability for any loss or damage arising from their use.
You agree to accept these risks where electronic communication is used.
11. Fees and payment terms
Our fees may depend upon:
• the time spent on your affairs
• the level of skill and responsibility involved
• the importance and complexity of the work
Where we provide a fee estimate this is not contractually binding unless explicitly stated.
Invoices are normally payable within 14 days of issue.
Where invoices remain unpaid we reserve the right to charge interest at 8 percent above the Bank of England base rate in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
We may suspend work where payment of fees is unduly delayed.
12. Implementation of advice
We will only assist with implementation of our advice where specifically instructed and agreed.
13. Intellectual property
All copyright in documents prepared by us during the course of the engagement remains with Rossendale Bookkeeping Limited unless otherwise agreed.
14. Interpretation
If any provision of these terms is found to be invalid or unenforceable the remaining provisions will remain in full force.
Where any conflict exists between these terms and the engagement letter or schedule of services the engagement letter will take precedence.
15. Internal disputes within a client organisation
Where our client is a company or partnership we act for the entity rather than individual directors or partners.
If a dispute arises between individuals involved in the management or ownership of the entity we will not provide information to one party without the knowledge of the others.
16. Investment advice
Rossendale Bookkeeping Limited is not authorised to provide investment advice.
If you require such advice we may refer you to an appropriately authorised financial adviser.
17. Lien
Where permitted by law we reserve the right to retain documents and records belonging to you until all outstanding fees have been paid.
18. Limitation of liability
We will provide our services with reasonable care and skill.
Our liability to you will be limited to losses caused directly by our negligence or wilful default.
We will not be liable for losses arising from:
• incorrect or incomplete information supplied by you or others
• failure to act on our advice
• delays in providing information required to complete our work
19. Limitation of third party rights
Our services are provided solely for the benefit of the client named in the engagement letter.
No third party may rely on our work without our written consent.
20. Period of engagement and termination
Unless otherwise agreed our engagement begins when we receive your acceptance of the engagement letter.
Either party may terminate the engagement by giving 21 days written notice.
Where work is undertaken on a one-off basis the engagement will end when the work is completed.
21. Regulatory obligations
Rossendale Bookkeeping Limited is supervised by HM Revenue and Customs under the Money Laundering Regulations.
We will comply with all applicable legislation, regulatory obligations and professional standards relevant to the services we provide.
Where our work involves taxation matters we will act in accordance with current UK tax legislation and HMRC guidance.
We will not assist with arrangements that we believe are intended to evade tax or that are inconsistent with applicable law.
If we become aware of errors or omissions in information submitted to HMRC we will advise you so that appropriate corrective action can be taken.
We will not be liable for any loss, damage or cost arising from our compliance with legal or regulatory obligations.
22. Reliance on advice
Advice given verbally should not be relied upon unless confirmed in writing.
Tax legislation and HMRC practice may change and advice may therefore need to be reviewed in light of future developments.
23. Retention of papers
You are responsible for retaining records relating to your financial affairs.
We will normally retain records relating to work performed for a period of at least seven years.
Where we cease to act we will agree arrangements for access to any cloud accounting records where applicable.
24. Professional indemnity insurance
Rossendale Bookkeeping Limited maintains professional indemnity insurance appropriate to the services provided.
Details of our insurer and coverage can be provided on request.