Terms Conditions
Standard Terms
of Engagement
Our work will
not be an audit of the financial statements in accordance with Auditing
Standards. Accordingly, we will not obtain any evidence relating to entries in
the accounting records, or to the financial statements or to the disclosures in
the financial statements. Nor will we make any assessment of the estimates and
judgements made by you in the preparation of the financial statements.
Consequently our work will not provide any assurance that the accounting
records or the financial statements are free from material misstatement,
whether caused by fraud, or other irregularities or error. In addition, we have
no responsibility to determine whether you have maintained proper accounting
records in accordance with section 221 of the Act and we will not address this
point unless you specifically request us in writing to do so.
Since we have
not carried out an audit, nor confirmed in any way the accuracy or
reasonableness of the accounting records maintained by the LLP, we are unable
to provide any assurance as to whether the financial statements that we prepare
from those records present a true and fair view.
As part of our
normal procedures we may request you to provide written confirmation of any
information or explanations given to us orally during the course of our work.
Your
responsibilities: Provision of information by you
The company is
legally responsible for making correct returns by the due date and for payment
of tax on time. Failure to meet the deadlines may result in automatic penalties
and/or interest.
To enable us to
carry out our work you agree:
(a) that all
returns are to be made on the basis of full disclosure of all sources of
income, charges, allowances and
capital transactions;
(b) to provide
full information necessary for dealing with the company's affairs: we will rely
on the information and documents being true, correct and complete and will not
audit the information or those documents;
(c) that we can
approach such third parties as may be appropriate for information that we
consider necessary to deal with the company’s affairs;
(d) to provide
us with information in sufficient time for the company's tax returns to be
completed and submitted by the statutory filing date
(e) to forward
to us on receipt copies of notices of assessment, letters and other
communications received from the Inland Revenue to enable us to deal with them
as may be necessary within the statutory time limits; and
(f) to keep us
informed about significant transactions or changes in circumstances.
Standard Terms
of Business
1. Professional
Obligations
1.1 Where you
give us confidential information we shall at all times keep it confidential,
except as required by law or as provided for in regulatory, ethical or other
professional pronouncements applicable to this engagement.
1.2 We reserve
the right to act during this engagement for other clients whose interests may
be adverse to yours. We will notify you immediately should we become aware of
any conflict of interest to which we are subject in relation to you.
2. Applicable
Law
2.1 If you are
based in Scotland then this engagement letter is governed by, and construed in
accordance with Scottish law. The Courts of Scotland 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. If you are based in England or
Wales this engagement letter is governed by, and construed in accordance with
English and Welsh law. The Courts of England and Wales 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.
3. Internet
Communication
3.1 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.
3.2 It is the
responsibility of the recipient to carry out a virus check on any attachments
received.
4. Data
Protection Act 1998
4.1 The Data
Protection Act gives you rights in respect of information held about you
("Personal Data"). We will obtain, use, and process Personal Data
about you in order that we may discharge the services agreed under this
engagement letter. Your Personal Data will typically include your name,
address, details of your financial affairs and other information about you
relevant to providing you with the services. We may also use your Personal Data
for related purposes including updating and enhancing client records, analysis
for management purposes and statutory returns, crime prevention and legal and
regulatory compliance. We may also use your Personal Data for marketing
purposes so that we can keep you up-to-date about issues relevant to our
services and to provide you with information about our services.
4.2 We may
disclose your personal data to third parties so that we can provide the
services to the high standards we consider appropriate. Such Third Parties may
include banks, insurance companies, independent financial advisors, and any
company to which we are under licence (including our franchisor.) We may
disclose your personal data to those that need the information such as
Government Agencies, subcontractors and outsourcers and those we choose to such
as independent financial advisors. Such parties may contact you with a list of
the third parties on request. In signing this engagement letter, you agree that
we may transfer your Personal Data outside the European Economic Area. You
should be aware that the countries to which we may pass your Personal Data may
not have such stringent Protection for Personal Data nor have laws to protect
your Personal Data. Details of the companies and countries involved will be
provided on request.
4.3 You may have
a right of access, under the Data Protection Act 1998, to copies of the
Personal Data that we hold about you. A copy of our data protection policy is
available on request and is held on our website. You should contact us if you
have any queries about data protection or about the Personal Data we hold about
you.
