This Engagement Letter sets out the basis of our service provision to clients and our respective rights, obligations, fees and other terms of service.

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Our responsibilities

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We have agreed to carry out the following service on your behalf:

(a) prepare and file higher rate tax relief claims with HMRC;

 

Your responsibilities

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You have agreed that you will:

(a) provide such information as may be necessary to enable the preparation of the higher rate tax relief claims.

 

Our filing responsibilities

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We will prepare your higher rate tax relief claims. We will compile the higher rate tax relief claims based on the information available and explanations you give us.

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Confidentiality and security

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Both parties shall keep all information concerning their dealings between them confidential and will not disclose any such information to any third parties, other than as expressly agreed between the parties.  For these purposes this shall include all documents, returns, explanations, written and verbal information. 

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The only exception to this will be where we are required to disclose it by law, by regulatory bodies, by our insurers or as part of an external peer review. 

Unless we are authorised by you to disclose information on your behalf this undertaking will apply during and after this engagement.

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All physical client information is held securely on our premises while all sensitive online information on our system is managed securely using SSL & encryption technology.
 

Fees & payment

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Our fee is calculated at 25% plus VAT of the higher rate tax relief received from HMRC.

Our fees will be drawn from the recovery funds received on your behalf at the same time as the recovery funds net of our fees are paid to you. 

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Termination of Agreement

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Each of us may terminate our agreement by giving no less than one month’s notice at any time. In the event of termination of our contract, we will endeavour to agree with you the arrangements for the completion of work in progress at that time.

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The only exception to the clause above is where we are required for legal or regulatory reasons to cease work and terminate the agreement immediately. This could be where we reason to believe you have supplied false information or have failed to act in accordance with your legal obligations as a company director. In that event, we shall not carry out further work and shall not be responsible or liable for any consequences arising from termination.

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Disengagement

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Should we resign or be requested to resign we will issue a disengagement letter to ensure that our respective responsibilities are clear. Should we have no contact with you for a period of 6 months or more we may issue to your last known address a disengagement letter and hence cease to act.

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Quality control and complaints procedure

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We are committed to providing the best quality services and go to great lengths to support you. We frequently review our services and will periodically contact you to obtain your feedback on our services.

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In addition, our files are periodically 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 as our directors and staff.

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Should there be any cause for complaint in relation to any aspect of our service please contact Mike Lewis at First Class Accounting. We will look into any complaint or issue 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, the Institute of Chartered Accountants in England and Wales. However, rest assured that we go to great lengths to ensure you are completely satisfied with our service. 

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Electronic and other communication

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Unless you instruct us otherwise we may, where appropriate, communicate with you via email or by other electronic means. The recipient is responsible for virus checking emails and any attachments.

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With electronic communication there is a risk of non-receipt, delayed receipt, inadvertent misdirection or interception by third parties. In addition, while we use virus scanning software clients should be aware that electronic communication is not totally secure. 

We cannot be held responsible for any of the risks associated with electronic mail. If you do not wish to accept these risks please let us know and we will communicate by paper mail, other than where electronic submission is mandatory.

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Limitation of liability

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We will provide professional services with reasonable care and skill. However, we will not be responsible for any losses, penalties, interest or additional tax liabilities arising from the supply by you or others of incorrect or incomplete information, or from the failure by you to either supply appropriate information or your failure to act upon our advice or to respond promptly to communications from us or the tax authorities. 

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Third party recommendations

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We work with organisations to assist our clients with their banking, insurance, financial and other needs. 

Note if you need advice on investments including insurances, we will only ever refer you to someone who is authorised by the Financial Conduct Authority or licensed by a Designated Professional Body.

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In providing such referrals we accept no liability or responsibility in connection with third party services. 

Clients are advised to use their discretion and obtain legal advice where necessary when making decisions on third party services & offers.

Where we receive commissions or other benefits for introductions to other professionals or in respect of transactions, which we arrange for you we will notify you in writing of the amount and terms of payment and receipt of any such commissions or benefits. 

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Client Identification

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As with other professional services firms, we are required to identify our clients for the purposes of the UK anti-money laundering legislation. We may request from you, and retain, such information and documentation as we require for these purposes and/or make searches of appropriate databases.

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Data Protection

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We confirm that we will comply with the provisions of the General Data Protection Regulations when processing personal data about you. In order to carry out the services under the engagement letter and for related purposes such as updating and enhancing our client records, analysis for management purposes and statutory returns, legal and regulatory compliance and crime prevention we may obtain, process, use and disclose personal data about you.

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Lien

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Insofar as we are permitted to so by law or professional guidelines, we reserve the right to exercise a lien over all funds, documents and records in our possession relating to all engagements for you until all outstanding fees and disbursements are paid in full.

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Limitation of third party rights

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The advice and information we provide to you as part of our service is for your sole use and not for any third party to whom you may communicate it unless we have expressly agreed in the engagement letter that a specified third party may rely on our work. 

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We accept no responsibility to third parties, including any group company to whom the engagement letter is not addressed, for any advice, information or material produced as part of our work for you, which you make available to them. 

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A party to this agreement is the only person who has the right to enforce any of its terms and no rights or benefits are conferred on any third party under the Contracts (Rights of Third Parties) Act 1999.

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Professional rules & statutory obligations

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We will observe and act in accordance with the bye-laws, regulations and code of ethics of the Institute of Chartered Accountants in England and Wales and will 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 and these are available on the internet at http://www.icaew.com/regulations.

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Intellectual Property Rights

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We will retain all copyright in any document prepared by us during the course of carrying out the engagement save where the law specifically provides otherwise.

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The Provision of Services Regulations 2009

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Our professional indemnity insurer is QBE UK Limited, Plantation Place,30 Fenchurch Street, London EC3M 3BD. The territorial coverage is worldwide excluding professional business carried out from an office in the United States of America or Canada and excludes any action for a claim brought in any court in the United States or Canada.

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Interpretation

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If any provision of our engagement letter or terms of business is held to be void, then that provision will be deemed not to form part of this contract. In the event of any conflict between these terms of business and the engagement letter or appendices, the relevant provision in the engagement letter or schedules will take precedence.

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Applicable law

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Our engagement and our standard terms and conditions of business are governed by, and should be construed in accordance with English law. Each party agrees that 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 on any basis. Each party irrevocably waives any right 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.

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First Class Accounting Limited

 

I acknowledge receipt of this letter, and agree to this letter, which fully records the agreement between us concerning your appointment to carry out the work described in it.

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