STANDARD TERMS AND CONDITIONS
1. PURPOSE
1.1. This agreement is entered into between the Client, whose details appear more fully on the quote, as well as Anlo Financial Solutions Edinburgh (hereinafter referred to as “AFSE”).
1.2. The performance of the scope of services will commence once the Client has signed all necessary documentation.
1.3. AFSE will deal with tax matters as set out in the quote.
2. SCOPE OF SERVICES
2.1. AFSE will prepare all necessary tax returns and submission forms, together with such supporting schedules as deemed appropriate and in accordance with the quote.
2.2. AFSE will send Client tax returns and supporting schedules/tax computations/sole proprietor accounts to the Client for approval and signature.
2.3. Thereafter AFSE will submit all relevant documents to the HMRC.
2.4. AFSE will advise as to the amount of tax to be paid over and the deadline dates for these submissions.
2.5. AFSE will deal with HMRC regarding any amendments required on Client returns and prepare any amended returns which may be required. If additional work is required. This will be charged at the appropriate charge out rate.
2.6. AFSE will advise as to possible claims and elections arising from the tax return and from information supplied by the Client. Where instructed by the Client, AFSE will make such claims and elections in the form and manner required by HMRC.
2.7. AFSE will deal with all communications relating to Client returns which may need to be addressed to AFSE by HMRC or the Client. However, if HMRC chooses a Client return for enquiry, this work may need to be the subject of a separate assignment, in which case, AFSE will require further instruction from the Client and approval of a separate quote.
2.8. This Agreement supersedes any previous agreement for previous work which may have been attended to.
2.9. Once agreed, this Agreement will remain effective from the date of signature until it is replaced and / or the scope of work is finalised.
2.10. Either party may vary or terminate AFSE’ authority to act on the Client’s behalf at any time without penalty. Notice of such variation or termination needs to be given in writing.
3. YOUR RESPONSIBILITIES: INFORMATION AND DOCUMENTS
3.1. The Client is legally responsible for submitting correct returns by the due date and making timeous payment of tax due. Failure to meet these deadlines may result in automatic penalties and/or interest.
3.2. To enable AFSE to carry out the scope of services, the Client agrees:
3.2.1. That all returns are to be made on the basis of full disclosure of all sources of income, expenses, allowances and capital transactions;
3.2.2. To provide full information necessary for dealing with the Client’s affairs: AFSE will rely on the information and documents being true, correct and complete and will not audit/verify the information or those documents;
3.2.3. That AFSE may approach such third parties as may be appropriate for information that we consider necessary to deal with the Client’s affairs, only with the Client’s prior approval;
3.2.4. To provide AFSE with information in sufficient time for the Client’s tax return to be completed and submitted.
3.2.5. To forward to AFSE, on receipt, copies of all HMRC statements of account, notices of assessment, letters and other communications received from HMRC to enable AFSE to deal with them as deemed necessary within the statutory time limits; and
3.2.6. To keep AFSE informed about significant changes in Client circumstances if this is likely to affect the Client’s tax position.
3.3. AFSE aims to provide a high standard of service at all times. If the Client would like to discuss any improvements or dissatisfaction of the services provided by AFSE, please advise. AFSE undertakes to address any complaint promptly and resolve it accordingly.
4. CONFLICT OF INTEREST
4.1. AFSE will inform the Client if they become aware of any conflict of interest in the relationship with the Client or in our relationship with another client.
4.2. AFSE have safeguards that can be implemented to protect the interests of different clients if a conflict arises. Where conflicts are identified that cannot be managed in a way that protects all interests then AFSE regrets that they will be unable to provide further services.
4.3. If there is a conflict of interest that is capable of being addressed successfully by the adoption of suitable safeguards to protect all interests then AFSE will adopt those safeguards. Where possible this will be done on the basis of informed consent.
4.4. AFSE reserve the right to act for other clients whose interests are not the same as or are adverse to the Client’s subject, to the obligations of confidentiality referred to above.
5. RETENTION OF RECORDS
5.1. During the course of performing the scope of services, AFSE will collect information from the Client and others acting on the Client’s behalf and will return any original documents to the Client following preparation of the Client’s returns.
5.2. The Client should retain all documentation for a period of seven years from the date of submission of any return. This period may be extended if HMRC makes any further enquiries into a tax return.
5.3. Whilst certain documents may legally belong to the Client, AFSE intends to destroy correspondence and other paperwork which has been stored for longer than 7 years, other than documents which AFSE considers to be of continuing significance.
5.4. AFSE must be advised, in writing and in advance, of any particular retention of documents that the Client may require.
5.5. AFSE reserves the right to disclose its files, which may contain your information, to regulatory bodies should same be requested from them in the exercise of their powers.
5.6. AFSE is entitled to retain any of the Client’s files or papers which are in its possession until all fees, charges, or expenses due to AFSE or any person engaged by it in connection with the Client’s matter, have been paid.
6. OTHER SERVICES AND GENERAL TAX ADVICE
6.1. AFSE will be pleased to assist the Client generally in tax matters which fall outside of the Scope of Services, if so required. To enable AFSE to assist in these matters, timeous notification is required.
6.2. Due to tax rules frequently changing, it the Client’s responsibility to ask AFSE to review any advice already given if a transaction is delayed, or if an apparently similar transaction is to be undertaken.
6.3. It is AFSE policy to confirm in writing, any advice upon which a Client may wish to rely.
6.4. Should further services and advice be required, a separate quote will be issued.
6.5. This Agreement relates only to the items listed in the quote and does not extend to other submissions and / or advice. AFSE will be pleased to advise on any of these tax matters if so requested.
7. FEES
7.1. AFSE’ charges are computed on the basis of fees, for the time spent on a Client’s scope of work (which is dependent on the level of skill and responsibility required) as well as disbursements incurred in connection with the engagement.
7.2. Should additional service be required, which fall outside the scope of services provided in the quote, AFSE will issue a separate quote for the additional services.
7.3. AFSE will issue invoices at monthly intervals during the course of the year. AFSE will add Value Added Tax, if applicable, at the current rate.
7.4. Invoices are payable on presentation.
7.5. AFSE reserves the right to charge interest at 10 (ten) percent per annum, capitalised monthly, in the case of overdue accounts with interest to be calculated from the date that it falls due.
7.6. AFSE may terminate the engagement and / or cease acting if payments of any fees billed are unduly delayed. However, it is not the intention of AFSE to use these arrangements in a way which is unfair or unreasonable.
7.7. Notwithstanding any termination in terms of this Agreement, all quoted amounts must be settled in full by the Client.
8. PERIOD OF ENGAGEMENT AND TERMINATION
8.1. Unless otherwise agreed in the engagement covering letter, AFSE’s work will begin upon receipt of the Client’s implicit or explicit acceptance of that letter. Except as stated in that letter AFSE will not be responsible for periods before that date.
8.2. Each Party may terminate this Agreement by giving not less than 21 days notice in writing to the other party, except where the Client fails to cooperate with or AFSE has reason to believe that the Client has provided AFSE or HMRC with misleading information, in which case AFSE may terminate this Agreement immediately. Termination will be without prejudice to any rights that may have accrued to either party prior to termination.
8.3. In the event of termination of this Agreement, AFSE will endeavour to agree the arrangements for the completion of work in progress at that time, unless AFSE are required for legal or regulatory reasons to cease work immediately. In that event, AFSE shall not be required to carry out further work and shall not be responsible or liable for any consequences arising from termination.
8.4. AFSE will normally issue a disengagement letter to ensure that the Party’s respective responsibilities are clear.
9. ELECTRONIC COMMUNICATION
9.1. Given that electronic communication is capable of data corruption, AFSE does not accept any responsibility for changes made to such communications after their dispatch.
9.2. For this reason it may be inappropriate to rely on advice contained in an e-mail without obtaining written confirmation thereof.
9.3. All risks connected with sending commercially-sensitive information relating to the Client’s business are borne by the Client and is not the responsibility of AFSE. If the Client does not accept this risk, kindly notify AFSE in writing that e-mail communication is unacceptable.
9.4. In addition, communication via email is admissible; however, as with other means of delivery this carries with it the risk of inadvertent misdirection or non-delivery. It is the responsibility of the recipient to carry out a check on any attachments received. No verbal instructions are accepted by AFSE.
10. DATA PROTECTION
We confirm that we will comply with the provisions of the General Data Protection Regulation (GDPR) when processing personal data about you your directors and employees and your/their family/ies.
Processing means:
obtaining, recording or holding personal data; or
carrying out any operation or set of operations on personal data, including collecting and storage, organising, adapting, altering, using, disclosure (by any means) or removing (by any means) from the records manual and digital.
The information we obtain, process, use and disclose will be necessary for:
the performance of the contract
to comply with our legal and regulatory compliance and crime prevention
contacting you with details of other services where you have consented to us doing so
other legitimate interests relating to protection against potential claims and disciplinary action against us.
This includes, but is not limited to, purposes such as updating and enhancing our client records, analysis for management purposes and statutory returns.
In regard to our professional obligations, we are a member firm of the ICAEW. Under the ethical and regulatory rules of ICAEW I am required to allow access to client files and records for the purpose of maintaining our membership of this body.
Further details on the processing of data are contained in our privacy notice, which should be read alongside these terms and conditions.
11. FICA
11.1. As AFSE is an accountable institution in terms of the Financial Intelligence Centre Act, AFSE is required to identify all Clients for the purposes of this legislation. In this respect AFSE may request from you, and retain, such information and documentation as is required for these purposes.
12. CONFIDENTIALITY
12.1. All communication between the Parties is confidential and AFSE shall take all reasonable steps to keep confidential Client information, except where AFSE are required to disclose it by law, by regulatory bodies, by insurers or as part of an external peer review. Unless authorised by you to disclose information on your behalf, this undertaking will apply during and after this engagement.
12.2. AFSE may, on occasion, subcontract work on Client affairs to other tax or accounting professionals. The subcontractors will be bound by these confidentiality terms.
12.3. AFSE reserve the right, for the purposes of promotional activity, training or for similar business purpose, to mention their Client’s. As stated above we will not disclose any confidential information.
13. LIMITATION OF LIABILITY
13.1. The advice which AFSE provides to the Client is for the Client’s sole use only and does not constitute advice to any third parties.
13.2. AFSE’ maximum liability for all claims arising out of the Services provided shall be limited to an amount equal to twice the total fees charged by AFSE to which these terms relate.
13.3. This maximum liability shall be an aggregate liability for all claims from whatever source and howsoever arising. AFSE will not be held liable to the Client or any cessionary or third party claiming through or on the Client’s behalf for any punitive damages whatsoever or for any consequential or other loss or damages beyond the maximum liability specified.
13.4. AFSE will provide the professional services (scope of work) outlined in the quote with reasonable care and skill.
13.5. AFSE’ advice will be based on interpretation of the law and experience with HMRC.
13.6. As a result, the conclusions reached, and views expressed by AFSE representatives will often be matters of opinion rather than of certainty and AFSE cannot warrant that HMRC will necessarily reach the same conclusions.
13.7. AFSE will not be responsible for any losses, penalties, interest or additional tax liabilities arising from the supply by the Client or others of incorrect or incomplete information, or from the failure by the Client or others to supply any appropriate information or your failure to act on our advice or respond promptly to communications from AFSE or HMRC.
13.8. Any claims, howsoever arising, needs to be commenced formally by service of a court summons or process initiating arbitration proceedings within two years after the claimant becomes aware (or ought reasonably to have become aware) of the facts which give rise to the claim and, in any event regardless of the knowledge of the claimant, by no later than three years after the date of any alleged breach giving rise to a cause of action. This expressly overrides any statutory provision which would otherwise apply.
14. GENERAL
14.1. This Agreement, together with the engagement letter and quote to which it relates, contains the entire Agreement between the parties, and neither party shall be bound by any undertakings, representations or warranties not recorded herein.
14.2. The terms of this agreement and the relationship between the parties shall be governed by South African Law and any claim, dispute or difference concerning the Services provided by AFSE or any matter arising from it shall fall under the jurisdiction of the relevant South African local division court.
14.3. No alteration, cancellation, variation of, or addition hereto will be of any force or effect unless reduced to writing and signed by the parties.
14.4. No waiver of any of the terms and conditions of this Agreement will be binding for any purpose unless expressed in writing and signed by the party giving the same, and any such waiver will be effective only in the specific instance and for the purpose given. No failure or delay on the part of either party in exercising any right, power or privilege will operate as a waiver, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege.
14.5. In the event that any of the provisions of this agreement are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.
15. Complaints
We are committed to providing you with a high quality service that is both efficient and effective. However, should there be any cause for complaint in relation to any aspect of our service please contact Esmerelda Doman or Annja Louca. We agree to look into any complaint carefully and promptly, and do everything reasonable to put it right. If you are still not satisfied you can refer your complaint to our professional body, ICAEW.