1. Introduction and Application
1.1 About These Terms
These Terms of Business set out the general terms under which T Accountants & Co (“we”, “us”, “our”, “the Firm”) provides professional accounting and related services to our clients (“you”, “your”).
1.2 Relationship with Engagement Letters
These Terms of Business apply to all services we provide unless specifically varied in writing. Each engagement will be governed by:
In the event of any conflict, the Engagement Letter takes precedence over these Terms of Business.
1.3 Acceptance
By instructing us to act on your behalf, you accept these Terms of Business and the specific terms set out in your Engagement Letter.
2. Professional Standards and Regulation
2.1 Regulatory Compliance
We are regulated by the Institute of Chartered Accountants in England and Wales (ICAEW) and conduct all work in accordance with their professional and ethical standards, including requirements relating to independence, integrity, and confidentiality.
2.2 Professional Indemnity Insurance
We maintain professional indemnity insurance as required by our professional bodies. Details of our insurers and coverage are available on request.
2.3 Quality Standards
We operate quality control procedures to ensure our work meets professional standards. We may conduct internal reviews of our work and use your files for training purposes, maintaining confidentiality at all times.
3. Scope of Services
3.1 Defined Scope
We will only provide services specifically agreed in each Engagement Letter. Unless explicitly stated, our services do not include:
3.2 Changes to Scope
Any request to change the scope of an engagement must be agreed in writing. Additional fees may apply for work outside the original scope.
3.3 Right to Decline or Withdraw
We reserve the right to decline any engagement or withdraw from an existing engagement where:
Where we withdraw from an engagement, we will provide reasonable notice and, where appropriate, assist with an orderly transition to new advisers.
4. Client Responsibilities
4.1 Information Provision
You agree to:
4.2 Timely Responses
You agree to respond to our requests and queries within reasonable timeframes. Delays in providing information may impact our ability to meet deadlines and may result in additional fees.
4.3 Responsibility for Decisions
You remain responsible for your business and financial decisions. While we may provide advice and recommendations, final decisions rest with you. You should not rely solely on our advice without considering your own circumstances and, where appropriate, seeking additional specialist advice.
4.4 Notification of Concerns
You agree to notify us immediately if you become aware of any errors, omissions, or potential issues with work we have performed.
5. Fees and Payment
5.1 Fee Basis
Our fees are calculated as specified in each Engagement Letter, typically on the basis of:
5.2 Estimates and Variations
Where we provide a fee estimate, this is based on information available at the time. Actual fees may vary if:
We will notify you as soon as reasonably practicable if fees are likely to exceed any estimate provided.
5.3 Expenses and Disbursements
In addition to our fees, you will be responsible for reimbursing:
5.4 Payment Terms
Unless otherwise stated in your Engagement Letter:
5.5 Right to Suspend Services
If any invoice remains unpaid beyond the payment terms, we reserve the right to:
This does not prejudice our right to seek payment or terminate the engagement.
5.6 Fee Payment and Deliverables
We may withhold final deliverables until all outstanding fees are paid. However, we will not withhold documents or information where:
6. Confidentiality and Data Protection
6.1 Confidentiality Obligations
We will maintain confidentiality of all information obtained during the course of our work, subject to the exceptions set out below.
6.2 Permitted Disclosures
We may disclose confidential information where:
6.3 Data Protection
We process personal data in accordance with UK data protection legislation (UK GDPR and Data Protection Act 2018). Full details of how we collect, use, store, and protect your personal data are set out in our Privacy Policy available at www.taccountants.co.uk/privacy-policy/
Key points include:
6.4 Data Retention
Unless otherwise agreed, we will retain client files and data for a minimum of six years from the end of the engagement, or longer where required by law or professional standards. After this period, we may destroy files without further reference to you.
7. Anti-Money Laundering and Client Identification
7.1 Legal Obligations
We are required by law to implement procedures to verify the identity of our clients and, where applicable, beneficial owners, and to maintain records of this verification.
7.2 Client Cooperation
You agree to provide all information and documentation we request for identification and verification purposes. We cannot act until satisfactory evidence of identity has been obtained.
7.3 Suspicious Activity
If we become aware of activity that we are required to report under money laundering legislation:
7.4 Delays Due to Compliance
We are not liable for any losses arising from delays caused by compliance with money laundering requirements.
8. Conflicts of Interest
8.1 Conflict Checking
We maintain procedures to identify potential conflicts of interest. Before accepting an engagement, we will conduct conflict checks.
8.2 Managing Conflicts
If we identify a potential conflict:
8.3 Ongoing Duty
Our duty to check for conflicts continues throughout the engagement. If a conflict arises during the engagement, we will notify you and may be required to cease acting.
9. Quality of Service and Complaints
9.1 Our Commitment
We are committed to providing high-quality professional services. If you are dissatisfied with any aspect of our service, we encourage you to raise concerns promptly.
9.2 Internal Complaints Procedure
Complaints should be addressed in the first instance to:
We will acknowledge your complaint within 3 working days and aim to resolve it within 28 days.
9.3 Right to Escalate
If you remain dissatisfied after our internal process, you have the right to refer your complaint to:
This does not affect your legal rights to pursue civil remedies.
10. Limitation of Liability
10.1 Liability Cap
Subject to the exclusions below, our total aggregate liability to you for any losses arising from any engagement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed:
10.2 Exclusions from Liability Cap
Nothing in these Terms excludes or limits our liability for:
10.3 Indirect and Consequential Losses
We shall not be liable for any indirect or consequential losses, including but not limited to:
10.4 Third Party Reliance
Our work is performed solely for you and for the purposes set out in the Engagement Letter. Unless we have provided express written consent:
If you wish to share our work with third parties, you must obtain our prior written consent.
10.5 Time Limit for Claims
Any claim against us must be notified to us within 12 months of you becoming aware (or reasonably ought to have become aware) of the circumstances giving rise to the claim. Legal proceedings must be commenced within 2 years of the date you first became aware of the issue.
11. Intellectual Property and Document Ownership
11.1 Client Documents
Documents and records you provide to us remain your property. We may retain copies for our records as required by professional standards.
11.2 Our Deliverables
Reports, advice, tax returns, accounts, and other deliverables prepared by us for you become your property upon payment of all fees due.
11.3 Working Papers
Our working papers, including internal notes, calculations, and analysis, remain our property. We are not obliged to provide these to you, though we may do so at our discretion.
11.4 Templates and Methodologies
Our proprietary templates, methodologies, systems, and know-how remain our intellectual property and may not be used by you independently of our services.
12. Electronic Communications and Document Storage
12.1 Email Communications
Unless you instruct otherwise, we will communicate with you and send documents by email. You acknowledge that:
We accept no liability for losses arising from email use unless caused by our negligence.
12.2 Cloud Storage and File Sharing
We may use cloud-based systems for file storage and sharing. These systems are selected for security and reliability, but you acknowledge the inherent risks of internet-based services.
12.3 Electronic Signatures
You agree that electronic signatures (including scanned signatures and digital signature platforms) constitute valid execution of documents for the purposes of our engagement.
13. Use of Third Parties and Subcontractors
13.1 Right to Outsource
We may use third-party service providers, subcontractors, or specialists to assist with your work, including:
13.2 Our Responsibility
We remain responsible for work performed by third parties on our behalf. All third parties are required to maintain equivalent confidentiality and data protection standards.
13.3 Direct Engagement
Where we recommend that you engage a third party directly (e.g., legal advisers, valuers), we are not responsible for their advice or performance.
14. Termination
14.1 Termination by You
You may terminate any engagement by giving us written notice. You will remain liable for:
14.2 Termination by Us
We may terminate an engagement by giving you reasonable written notice (minimum 14 days unless circumstances require immediate cessation) where:
14.3 Consequences of Termination
Upon termination:
15. General Provisions
15.1 Entire Agreement
These Terms of Business and each Engagement Letter constitute the entire agreement between us and supersede all prior discussions, correspondence, or understandings.
15.2 Variations
Any variation to these Terms must be agreed in writing and signed by both parties.
15.3 Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights (but not obligations) to another firm following merger, acquisition, or restructuring, provided confidentiality is maintained.
15.4 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
15.5 No Partnership or Agency
Nothing in these Terms creates a partnership, joint venture, or relationship of employer and employee between us. We act as independent professional advisers.
15.6 Waiver
Failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it subsequently.
15.7 Third Party Rights
No person other than you and us has any right to enforce any term of these Terms. The Contracts (Rights of Third Parties) Act 1999 does not apply.
15.8 Force Majeure
We shall not be liable for any failure or delay in performing our obligations caused by circumstances beyond our reasonable control, including acts of God, pandemic, government restrictions, cyber-attacks, or utility failures.
16. Governing Law and Jurisdiction
16.1 Governing Law
These Terms of Business and all engagements are governed by the laws of England and Wales.
16.2 Jurisdiction
The courts of England and Wales have exclusive jurisdiction to settle any disputes arising from these Terms or any engagement, except where you are a consumer based in the EU, in which case you retain the right to bring proceedings in your country of residence.
16.3 Dispute Resolution
Before commencing legal proceedings, both parties agree to attempt to resolve disputes through:
This does not prevent either party from seeking urgent interim relief from the courts.
17. Changes to These Terms
We may update these Terms of Business from time to time to reflect changes in law, regulation, or professional standards. Updated Terms will be published on our website at www.taccountants.co.uk/terms-and-conditions/. Material changes will be communicated to existing clients with at least 30 days’ notice. Continued use of our services after changes take effect constitutes acceptance of the updated Terms.
18. Contact Information
T Accountants & Co
Address: 76 Oaks Lane, Ilford, IG2 7PW, UK
Email: in**@*************co.uk
Phone: 020 3488 3250
Website: www.taccountants.co.uk
Complaints: Tauqeer Hassan, Managing Director (in**@*************co.uk)
By instructing us to act on your behalf, you confirm that you have read, understood, and accept these Terms of Business.
