TERMS OF BUSINESS
The following terms of business apply to all engagements accepted by Yorkshire Financial Management Limited. All work is carried out under these terms except where changes are expressly agreed in writing.
Professional rules and practice guidelines
We will observe and act in accordance with the bye-laws, regulations and ethical guidelines of the Institute of Chartered Accountants in England and Wales and accept instructions to act for you on this basis. 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 offices. The requirements are also available on the internet at www.icaew.com/membershandbook.
Retention of records
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 of your financial information. You should retain them for 6 years from the 31 January following the end of the accounting year. You should retain them for longer if HM Revenue & Customs enquire into your tax return.
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, or that you wish us to destroy any documents earlier.
Records are also kept in electronic form and we maintain adequate backup procedures in the event of data corruption or accidental destruction. Electronic records will be kept in line with procedures noted above.
Conflicts of interest and independence
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 below paragraph. We confirm that we will notify you immediately should we become aware of any conflict of interest involving us and affecting the company.
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.
Data Protection Act 1998 and General Data Protection Regulations 2018
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 you / your business / company / 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 and General Data Protection Regulations 2018.
Proceeds of Crime Act 2002, Money Laundering Regulations 2007 and Money Laundering, Terrorist Financing and Transfer of Funds Regulations 2017
In common with all accountancy and legal practices, the firm is required by the Proceeds of Crime Act 2002, the Money Laundering Regulations 2007 and Money Laundering, Terrorist Financing and Transfer of Funds Regulations 2017 to:
(i) have due diligence procedures for the identification of all clients;
(ii) maintain appropriate records of evidence to support customer due diligence; and
(iii) report in accordance with the relevant legislation and regulations.
As part of our ongoing commitment to providing a quality service, our files can be 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.
Help us give you the best service
We wish to provide a high quality of service at all times. If at any time you would like to discuss with us how our service to you could be improved, or if you are dissatisfied with the service you are receiving please let us know by contacting Catherine Salkeld on 07976 800549.We undertake to look into any complaint carefully and promptly and do all we can to explain the position to you.
If we do not answer your complaint to your satisfaction you may refer this to the Institute of Chartered Accountants in England & Wales, please visit www.icaew.com/complaints.
Contracts (Rights of Third Parties) Act 1999
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.
The advice we give you 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.
Our fees are calculated on the basis of the time spent on your affairs and on the levels of skill or responsibility involved. Our fees will be billed monthly, together with outlays and VAT, and our invoices will be due for payment when issued.
If we need to do work outside the responsibilities outlined in our engagement letter, we will advise you in advance. This may involve additional fees.
We normally ask clients to pay a proportion of their fee by monthly standing order. These standing orders will be applied to fees for work performed under our engagement letter for the current and ensuing years.
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 being 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.
The Provision of Services Regulations 2009
Our professional indemnity insurer is Royal and Sun Alliance Insurance plc of St Mark’s Court, Horsham, West Sussex RH12 1XL policy no RKL25631 1 January to 31 December 2018. The territorial coverage being Worldwide excluding USA & Canada.