Terms & Conditions

Terms and conditions

Below is a summary of our terms and conditions that will form the basis of agreement between us and our clients. We are fully insured in line with our membership of the Association of Accounting Technicians (AAT). Full details of this insurance is available upon request and currently we are insured by Aeon

You may terminate the use of our services at any future date in writing after all fees have been paid by yourself.

In caring for any work relating to tax matters we will be acting as your agent and in any submissions to HM Inspectors you are responsible for the tax returns we may make in your behalf. All such work will be subject to your sending us all relevant information to enable us to complete any returns to the taxation authorities.

You are obliged to provide full information to enable us to fulfil the terms of any engagement. It is your statutory responsibility to make sure that all returns of income made to taxation authorities are correct and complete. You cannot delegate this responsibility. It is important therefore to consider before signing any return to taxation authorities that such a return is complete and correct to the best of your knowledge and belief.

Anti-Money Laundering Legislation

All accountants must comply with onerous duties imposed by the Proceeds of Crime Act 2002, the Terrorism Act 2000 and the Money Laundering Regulations 2003 (the “Anti Money Laundering Legislation”). If we fail to perform these duties, we risk imprisonment. Before we accept your instructions, we may need to obtain ‘satisfactory evidence’ to confirm your identity.

We assume that our clients are honest and law abiding. However, if at any time, there appear to be grounds to suspect that your instructions relate to ‘criminal property’, we are obliged to make a report to the National Criminal Intelligence Service (“NCIS”). But we are prohibited from telling you that we have done so.

In such circumstances, we must not act on your instructions without consent from NCIS. If NCIS do not refuse consent within 7 working days, we may continue to act. If NCIS issue a refusal within that time, we must not act for a further 31 days from the date of the refusal.

‘Criminal property’ is property in any legal form. It does not matter who carried out the criminal activity or how removed the property is from the original crime. Even if you are honest in your dealings, if your property represents a benefit from someone else’s crime, we must still make a report.

Activity is considered ‘criminal’ if it is a crime under UK law, no matter how trivial, and whether carried out in the UK or abroad. For example, tax evasion is a criminal offence but an honest mistake is not.

Unless otherwise agreed, our fees will be charged separately for each type of work completed and billed. Our charging rates will vary according to the work undertaken and any expenses incurred because of work undertaken will be passed on to you as the client in this relationship. Unless specifically agreed, payment is due on presentation of an invoice. If payment is not received within 30 days of that invoice date then we reserve the right to charge interest at the rate as outlined in the next paragraph. We also reserve the right to increase our charges at a future date.

We reserve the right to add a 25% surcharge to the above charges should you ask us to prepare a set of accounts and any tax returns within 4 weeks of a filing deadline.

This paragraph and the next paragraph are included as a matter of routine and in no way are intended to offend or to impute any bad reputation to you or any other. The ownership of books and records created in this engagement by you of our services will remain our property until all fees agreed have been paid in full. We will exercise a full lien over all such work. Should such fees not be paid on completion of the work and on our presenting you with a duly dated invoice, then should we decide to gain redress, interest shall accrue on the outstanding balance of the invoice at a rate of 8% above bank base rate per annum on a daily basis as outlined under Section 69 of the County Courts Act of 1984 until payment is made.

In the case of limited companies only, should it be necessary to pursue any outstanding debt through court proceedings then all directors, whether serving at the time of court action or having withdrawn from service within one year of court action, will be liable for the outstanding fees on behalf of the company.

If there is a repayment of tax due, then we will have that repayment made into our bank account, and deduct our fees from that repayment. The balance of that repayment will then be made to you within two weeks of receiving that repayment. If, after deducting our fees from any repayment, there is insufficient to pay our fees in full then the balance of our fees will be payable as outlined in paragraph 6 above.

We will not do anything that is illegal. This might mean that we can no longer act in your behalf. In this case, we will tell you why and what we propose to do to remedy the situation. We will observe the ethical guidelines of the Association of Accounting Technicians and accept instructions to act for you on the basis that we will act in accordance with those guidelines. A copy of these guidelines will be supplied to you on request.

Any work that we undertake on your behalf will necessitate us making copies of the said work so that any queries made by statutory authorities can be handled by us on your behalf if of a routine nature. These copies may or may not be held on computer and will comply with the relevant Data Protection Acts. This information may be passed on to other data handling organisations only to enable us to deal with the tasks outlined in paragraph 1 and will only be disclosed to such organisations if they also comply with the Data Protection Act. This information will only be held by us for a reasonable time and then will be destroyed.

There may be times when we are unable to care for your accounting needs due to circumstances beyond our control such as illness or other incapacity. In such cases, we will call upon the services of a suitably qualified accountant who will act in our behalf and with our full authority.

If HMRC or other authorities commence an audit or investigation into your taxation matters we will consider this to constitute further work and will charge separately for this work.

 

Third Parties

All accounts, statements and reports prepared by us are for your exclusive use within your business or to meet specific statutory responsibilities. They should not be shown to any other party without our prior consent.

No third party shall acquire any rights pursuant to our agreement to provide professional services.

Professional Indemnity Insurance

We are covered by professional indemnity insurance, details can be seen on our web site—www.benelliott.co.uk where details can be found about procedures for claims

Applicable law

Our engagement with clients is governed by and construed in accordance with English law.

Disclaimer

We will not be liable for any loss suffered by you or any third party as a result of our compliance with the Anti-Money Laundering Legislation or any UK law or at all.

Agreement of terms

Once we have reached agreement with clients this agreement will remain effective from the date of signature until it is replaced. Either party may vary or terminate our authority to act on client’s behalf at any time without penalty. Notice of variation or termination must be given in writing.