Governing Law

This engagement letter is 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 this engagement letter and any matter arising from it. 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 inappropriate forum, or to claim that those courts do not have jurisdiction.

Proceeds of Crime Act

In common with all accountancy and legal practices the firm is required by the Proceeds of Crime Act 2002 and the Money Laundering Regulations 2007 to:

a) Maintain identification procedures for clients and beneficial owners of clients;

b) Maintain records of identification evidence and the work undertaken for the client; and

c) Report, in accordance with the relevant legislation and regulations.

We have a duty under s. 330 of the Proceeds of Crime Act 2002 to report to the Serious Organised Crime Agency (SOCA) if we know, or have reasonable cause to suspect, that 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 knowledge or reasonable grounds for suspicion would constitute a criminal offence. The offence of money laundering is defined by s. 340(11) of the Proceeds of Crime Act and includes concealing, converting, using or possessing the benefits of any activity that constitutes a criminal offence in the UK. It also includes involvement in any arrangement that facilitates the acquisition, retention, use or control of such a benefit. This definition is very wide and would include such crimes as: deliberate tax evasion; -deliberate failure to inform the tax authorities of known underpayments or excessive repayments; fraudulent claiming of benefits or grants; or obtaining a contract through bribery.

This list is by no means exhaustive. We are obliged by law to report any instances of money laundering to SOCA without your knowledge or consent. In fact, we may commit the criminal offence of tipping off under s. 333 of the Proceeds of Crime Act if we were to inform you a report had been made. In consequence, neither the firms' principals nor staff may enter into any correspondence or discussions with you regarding such matters. We are not required to undertake work for the sole purpose of identifying suspicions of money laundering. We shall fulfil our obligations under the Proceeds of Crime Act in accordance with the guidance published by the Institute of Chartered Accountants in England and Wales.

Liability

Our firm’s liability with regards to this engagement is limited to the value (‘fees collected’) during this engagement.

Fees

Our firm’s fees for undertaking your Tax Affairs, per annum exclusive of VAT which will be: Backdated Self-Assessment 28% of any reclaim. It has been agreed our fees will be deducted from a tax rebate unless the fee was paid in advance. Percentage based fees will be subject to a minimum of £300 + VAT to be deducted from any rebate due. The above charges are subject to the addition of VAT at the current rate.

Cancellation Fees

Should you engage us for any of the above services, such engagement being initiated by inter alia you signing our Client Registration Documents and then cancel, change your mind, or use another Firm – our firm will be entitled to raise a cancellation invoice equal to our fees or forecasted fees above. (Such fees will become payable within 14 days of the cancellation invoice being raised).

Additional Cancellation Fees

Our firm reserves the right to increase cancellation fees if additional works have been executed to calculate, administer and or collect such fees. (Unless by express arrangement, all fees charged by our firm are non-refundable).

Communications

Should you engage our firm as your Agent, you understand our agreed method of communication shall be by email; our firm warrants to reply to all emails within 12 working hours. Phone calls to our firm may be chargeable. Our firm will only ever take instruction in writing, i.e. by email or by letter with a wet signature, and not over the telephone. To enable our firm to carry out our work you agree to provide full information necessary for dealing with your affairs, approach such third parties as may be appropriate, to provide information.

Information

You agree to forward to us on receipt copies of HM Revenue & Customs statements of account, notices of assessment, letters and other communications received from HM Revenue & Customs to enable us to deal with them as may be necessary within the statutory time limits; and to keep us informed about significant changes in your circumstances if they are likely to affect the tax position. We will observe the professional rules and practice guidelines of our professional institute and accept instructions to act for you on the basis we act in accordance with those guidelines. In particular, you give us authority to correct HM Revenue & Customs' errors, even if doing so results in correction of an error made in your favour. By agreeing to this Letter of Engagement, you authorise our firm to open you a personal or business tax account Government Gateway with HMRC on your behalf, any log in account details will be sent to you by email on the email address provided.

Payment of Tax Rebates

Our firm will always endeavour to pay any tax rebates to you as soon as possible after funds arrive from HMRC, but you agree our firm must take the necessary measures and time to reconcile our client account before doing so. Ergo whilst your Rebate payment may be paid earlier, you understand and agree the payment may take up to 2 weeks to be made. Any other payments will be subject to an administration fee based on a rate of £100 per payment plus VAT.

Additional Works

If it is necessary to carry out work outside the responsibilities outlined in this letter it will involve additional fees. Accordingly, we would like to point out it is in your interests to ensure your records etc. are completed to the agreed stage.

Termination

In the event you do not respond to our attempts to contact you for 30 days, or you breach your obligations, and this is not corrected within 30 days or you have a period of continuous inactivity of three months, or your insolvency, bankruptcy or other arrangement being reached with creditors, we reserve the right to cancel the engagement between us with immediate effect; and to deregister as your agent.

Indemnity

We will provide our professional services with reasonable care and skill. However, we will not be held responsible for any losses arising from the supply by you or others of incorrect or incomplete information, or your or others’ failure to supply any appropriate information or your failure to act on our advice or respond promptly to communications from us or other relevant authorities. You agree to hold harmless and indemnify us against any misrepresentation, whether intentional or unintentional, supplied to us orally or in writing in connection with this agreement. You have agreed you will not bring any claim in connection with services provided to you by the firm against any of our employees on a personal basis.

Breach

If you are breach any of these terms, our firm will advise you accordingly, and if applicable, allow you time to rectify. Our firm however will be within its rights to terminate this engagement immediately and invoice you for unpaid works based on an hourly rate of £50 per hour.