The following terms of business apply to all engagements accepted by Deacon Jewell Limited. All work carried out under these terms except where changes are expressly agreed in writing.
1.0 Professional rules and practice guidelines
1.1 We will observe and act in accordance with the by-laws, regulations and ethical guidelines of the Institute of Chartered Accountants in England and Wales and accept instructions to provide services to you on the basis that we will act in accordance with them. 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 office. The requirements are also available on the internet at www.icaew.com/membershandbook.
2.0 Investment advice
2.1 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 (or licensed by a Designated Professional Body), as we are not.
3.0 Clients’ money regulations
3.1 We may, from time to time, hold money on your behalf. The money will be held in trust in a client bank account, which is segregated from the company’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.
4.0 Retention of records
4.1 During our work we will collect information from you and others acting on your behalf and will return any original documents to you following preparation and audit of your financial statements. You should retain them for 6 years from the 31 January following the end of the accounting year.
4.2 Whilst certain documents may legally belong to you, unless you tell us not to, we intend to destroy correspondence and other papers that are more than seven years old, except documents we think may be of continuing significance. You must tell us if you wish us to keep any document for any longer period.
5.0 Conflicts of interest and independence
5.1 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 6 below. We confirm that we will notify you immediately should we become aware of any conflict of interest involving us and affecting the company.
6.1 We confirm that 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 statements relevant to our engagement.
7.0 Data Protection Act 1998
7.1 To enable us to discharge the services agreed under our engagement, 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 may obtain, use, process and disclose personal data about the company and its officers and employees. We confirm when processing data on your behalf that we will comply with the relevant provisions of the Data Protection Act 1998.
8.0 Proceeds of Crime Act 2002 and Money Laundering Regulation 2007
8.1 In common with all accountancy and legal practices, the firm is required by the Proceeds of Crime Act 2002 and the Money Laundering Regulations 2007 to:
- have identification procedures for all new clients;
- maintain records of identification evidence; and
- report in accordance with the relevant legislation and regulations.
9.0 Quality control
9.1 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 our principals and staff.
10.0 Help us give the best service
10.1 We wish to provide a high quality of service at all times. If at any time you would like to discuss with us how we could improve our service, or if you are dissatisfied with the service you are receiving please let us know by contacting either Mr M J Jewell or Mr G A Deacon.
10.2 We will look into any complaint carefully and promptly and do all we can to explain the position to you. If we have given you a less than satisfactory service we, undertake to do everything reasonable to put it right. If you are still not satisfied you may of course refer the matter to our Institute.
11.0 Contracts (Rights of Third Parties) Act 1999
11.1 Only someone who is a party to this agreement has the right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms. This clause does not affect any right or remedy that exists independently of the Act.
11.2 The advice we give 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.
12.1 Our fees are calculated on the basis of the time spent on your affairs by the principals and staff and on the levels of skill or responsibility involved. Our fees will be billed, together with outlays and VAT, and our invoices will be due for payment when issued.
12.2 If we need to do work outside the responsibilities outlined in our engagement letter, we will advise you in advance. This will involve additional fees.
12.3 Our credit terms are that payment must be received within 30 days of date of invoice. A credit charge of 10% will be payable if the account is not paid within the 30 days. Alternatively, if you wish to pay your fees by monthly standing order in advance, we should be pleased to make the necessary arrangements.
13.0 Applicable law
13.1 Our engagement with you is governed by, and interpreted in accordance with, English law. The Courts of England shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning our engagement letter and terms of business and any matter arising from or under them. Each party irrevocably waives any right it may have to object to any action 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.
14.0 The Provision of Services Regulation 2009
14.1 We confirm that we are licenced to carry on general accountancy and tax practice by the ICEAW. Details of our registration as practicing members of the ICEAW can be viewed at www.icaewfirms.co.uk by typing Deacon Jewell in the firm name box.
14.2 Details about our audit registration can be viewed at www.auditregister.org.uk under reference number C001073606.
14.3 In accordance with the disclosure requirements of the Provision of Services Regulations 2009, our professional indemnity insurer is Bluefin Insurance Services Limited of Castlemead, Lower Castle Street, Bristol BS1 3AG.
15.0 Company details
15.1 The company’s VAT registration number is 824 1068 53.