Debt Free Devon Terms and Conditions
1 Provision of Information
1.1 To enable us to carry out work you agree:-
a. that all documents are prepared on the basis of full disclosure of all sources of income, charges, allowances and capital transactions;
b. to provide full necessary information for dealing with your 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 your affairs.
1.2 We will provide our professional services outlined with reasonable care and due skill. However, we will not be responsible for any losses, penalties or charges incurred by you or your or others failure to supply any appropriate information or your failure to act on our advice or respond promptly with communications from us.
2 Client Monies
2.1 We may from time to time hold money on your behalf. Such money will be held in trust in a Client Bank Account which is segregated from the firm’s funds. The account will be operated and all funds dealt with in accordance with the Client Monies Regulations of the Institute of Chartered Accountants in England and Wales. Any interest earned will be credited to your designated account.
3 Fees
3.1 Our fees are computed on the basis of time spent on your affairs by the principals and our staff. They are calculated on the complexity of the case, the nature of assets and the value, and any exceptional responsibility necessary whilst acting on your behalf.
4 Retention of Access to Records
4.1 During the course of our work we will collect information from you and others acting on your behalf and will return any original documents to you on cessation of acting.
4.2 Whilst certain documents may legally belong to you we intend to destroy
correspondence and other papers that we store which are more than 7 years
old. If you require retention of any document you must notify us of that
fact in writing.
5 Limitation of Liability
5.1 We undertake that we will exercise due care in the performance of our work in accordance with the applicable professional standards.
5.2 You agree to hold harmless and indemnify us, our partners and staff against any misrepresentations (intentional or unintentional) supplied to us orally or in writing in connection with this agreement.
5.3 In no circumstances shall any liability (whether arising in contracts, negligence or otherwise) of the firm, its partners or employees relating to the services provided in connection with the engagement set out exceed the sum of £100,000 in aggregate in respect of all losses.
5.4 Our work is not to be made available to third parties without your written permission and we accept no responsibility to third parties for any aspect of our professional services or work that is made available to them.
6 Complaints Procedure
6.1 Should you have cause to complain then initially your complaint should be addressed to the principal acting on your behalf. If that does not resolve the matter then the complaint should be referred to the Office Manager who will then deal with it in the manner in accordance with the firm’s Complaints Procedure. Needless to say we hope that such a situation will never exist.
7 Applicable Law
7.1 These Terms & Conditions are governed by and construed in accordance with English Law. The Courts of England will have exclusive jurisdiction in relation to any claim, dispute or difference concerning these Terms & Conditions and in any matter arising from them. Each party irrevocably waives any right they may have to object to any action being brought in those Courts, to claim that the action may have been brought in an inappropriate forum, or to claim that those Courts do not have jurisdiction.
8 Electronic Communication
8.1 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 email 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 a business are borne by you. If you do not agree to accept the risks you should notify us in writing that email is not an acceptable means of communication.
8.2 It is the responsibility of the recipient to carry out a virus check
on any attachments received.
9 Contracts (Rights of Third Parties) Act 1999
9.1 Persons who are not party to these Terms & Conditions will have no rights under the Contract (Rights of Third Parties) Act 1999 to enforce any term of the Terms & Conditions. This clause does not affect the right or any remedy of any person which exists or is available otherwise than pursuant to that Act.
10 Data Protection Act 1998
10.1 We may obtain, use, process and disclose personal data about you in order that we may discharge the services agreed in these Terms & Conditions, and for any other related purposes including update and enhancing client records, analysis for management purposes and statutory returns, crime prevention and legal and regulatory compliance. You have a right of access, under data protection legislation, to the personal data we hold about you. For the purposes of the Data Protection Act 1998, the Data Controller in relation to personal data supplied about you is the Office Manager.
11 Money Laundering
11.1 We have a duty under Section 330 of the Proceeds of Crime Act 2002 (POCA) to report to the National Criminal Intelligence Service (NCIS) if we know, or have any reasonable cause to suspect you, or anyone connected with your business, are or have been involved in money laundering. Failure on our part to make a report where we have the knowledge or reasonable grounds for suspicion would constitute a criminal offence.
11.2 The offence of money laundering is defined by Section 340(11) of the Proceeds of Crime Act 2002 and includes the acquisition, possession or involvement in the arrangements for concealing the benefits of any activity that constitutes a criminal offence in the UK. This definition is very wide and would include:-
a. tax evasion through deliberate understatement of income or overstatement of expenses or stocks: or
b. deliberate failure to inform the tax authorities of known underpayments.
11.3 We are obliged by law to report to NCIS without your knowledge and consent and in fact we would commit the criminal offence of tipping off under Section 333 of the Proceeds of Crime Act 2002 were we to inform you of any suspicions or that a report had been made.
11.4 We are not required to undertake any work for the sole purpose of identifying suspicions of money laundering. We shall fulfil our obligations under the Proceeds of Crime Act 2002 in accordance with the guidance published by our professional institute.
