1. General Terms and Conditions of Business Control Ltd
These terms and conditions represent our general business terms and should be read in conjunction with any separate Letter of Engagement outlining the precise details of the services to be provided and which together represents the entire agreement under which work is carried out except where any changes are expressly agreed in writing. By instructing us and continuing to instruct us will amount to your acceptance of these terms and conditions.
2. Definitions and Identification
All references to “us”, “we” and “our” shall mean Business Control Limited (Company Registration No. 04516455). The principal and registered office of Business Control Ltd is Red Lion Yard, Odd Down, Bath, BA2 2PP.
We are required to properly identify our clients for the purpose of good governance and to comply with UK anti-money laundering legislation. We will ask you to provide us with proof of identification and when doing so you consent to us retaining copies of same and to carry out checks and searches of third party databases for the purpose of verification.
All references to “contracting period” shall mean 12 months.
3. Confidentiality
We confirm that when we hold and preserve 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 requirements applicable to our engagement both during and after termination of the engagement.
4. Professional Obligations
Our Managing Director Mr Richard Starkey is a member of the Chartered Institute of Management Accountants (CIMA) and all work done and services provided comply with the Standards and Code of Ethics set down by CIMA which can be found on their website at www.cimaglobal.com and we accept instructions on this basis. When acting on your behalf you give us authority to amend and correct errors including any errors made by HMRC. We will not be liable for any loss, damage or costs arising from our compliance with any statutory or regulatory obligations.
5. Communication Security
We will not be liable for any loss, corruption or security of data transmitted electronically as the recipient is responsible for ensuring that all such communication and attachments are checked for viruses.
6. Fees & Payment Terms
6.1 Our fees are computed on the basis of the time spent on dealing with your affairs by our Managing Director and staff and on the levels of skill and responsibility involved.
6.2 Payment of our fees is generally by monthly standing order with the monthly instalments due on the 1st day of every month within any contracting period. A contracting period is 12 months unless otherwise agreed.
6.2 Where it is necessary for us to perform work outside the responsibilities and structure set out in our letter of engagement this will involve additional fees as would any work done on the basis of time spent. All such fees are raised in a separate invoice and payable within 7 days.
6.3 We reserve the right to charge interest and compensation on any invoice paid late at the rate determined by the Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented to include The Late Payment of Commercial Debts Regulations 2013 or later amendment.
6.4 We reserve the right to suspend, postpone or refuse to act or continue to act for any client in breach of our payment terms.
7. Retention Of and Access To Records
7.1 You have a legal responsibility to retain accountancy documents and records particularly those relevant to your tax and financial affairs. During the course of our work we will gather information from you and from any others acting on your behalf in order for us to perform our work. On completion of our work we will return any original documents to you. You must retain such records for at least seven years from the end of the accounting year to which they relate.
7.2 Any other information or documents still held by us at the expiration of the retention period will be destroyed unless you have notified us in advance that you require their return.
8. Applicable Law
Our entire contract including our engagement letter and all representations and offers is governed by, and construed in accordance with English Law and all parties doing business with us submits to the exclusive jurisdiction of the Courts in England and Wales for the purpose of resolving any claim or dispute of any kind.
9. Data Protection Act 1998
During the course of our work we will obtain, process, retain, use and disclose personal information about you in order for us to carry out our work and fulfil our statutory and legal obligations including crime prevention. We confirm that we will at all times comply with current Data Protection legislation. You have a right of access, under Data Protection legislation, to the personal data that we hold about you. For the purposes of the Data Protection Act 1998, the Data Controller in relation to your personal data is Business Control Ltd.
10. Contracts (Rights of Third Parties) Act 1999
10.1 Persons who are not party to this contract shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.
10.2 All advice that we give is given to you for your sole use and does not constitute advice to any third party.
11. Money Laundering
11.1 In common with all accountancy and legal practices, we are required by the Proceeds of Crime Act 2002 and the Money Laundering Regulations 2007 to:
Maintain identification procedures for all clients and beneficial owners of clients;
Maintain records of identification evidence and the work undertaken for the client;
Report, in accordance with the relevant legislation and regulations.
11.2 We are obliged to comply with the terms and conditions of the legislation.
11.3 If, while acting for you, it becomes necessary to make a money laundering disclosure, we may not be able to inform you that a disclosure has been made or of the reasons for it because the law prohibits “tipping-off”.
11.4 We will provide details if requested to do so by an appropriate authority.
12. Limitation of Liability
12.1 We provide our professional services with all reasonable care and skill. However, we will not be held responsible for any losses arising from the supply by you or others acting for you of incorrect, misleading, late, concealed or incomplete information or from any failure on your part to act on our advice.
12.2 Our liability to you will be limited to any losses, damages, costs and expenses caused by our negligence.
12.3 You agree to hold harmless and indemnify us against any misrepresentation, whether intentional or unintentional, of information supplied to us orally or in writing by you or by others acting for you in connection with this contract. You agree that you will not bring any claim in connection with services provided to you by Business Control Ltd against any individual, officer or employee of Business Control Ltd on a personal basis.
13. Disengagement and Termination
13.1 Each contracting period will be 12 months on a rolling basis commencing from the first month when instructions were received and any notice of termination of the contract must be given in writing to us 90 days prior to any contracting period anniversary.
13.2 In order for us to provide you with a professional service it is essential that you provide us with relevant records and information when requested to do so and to reply to correspondence and requests in a timely manner. We reserve the right to cancel the contract between us with immediate effect should you fail to provide us with such information as is required by us to perform our services or in the event of any of the following:
You become insolvent or enter into any insolvency arrangement with your creditors;
Fail to pay our fees as and when they fall due;
You are in breach of any of your obligations and where you have failed to remedy the breach within 30 days of being asked to do so.
14. Conflicts of interest and independence
You agree that we may reserve the right to act during this engagement for other clients whose interests are, or may be, adverse to yours, subject to the confidentiality clause above. We confirm that we will notify you immediately should we become aware of any conflict of interest to which we are subject in relation to you.
15. Complaints Procedure
15.1 If during the course of our work you feel the need to complain about any element of our service and would like to discuss this with us you should in the first instance contact our Managing Director Mr Richard Starkey. He will undertake to look into any complaint carefully but promptly and report the position back to you.
15.2 In the unlikely event that you feel that your complaint remains unresolved or that you have been given a less than satisfactory answer you may of course take up matters with the Chartered Institute of Management Accountants.
These Terms and Conditions remain in force unless updated or as required by law.
