1. INTRODUCTION
1.1 In all cases Gilbert and Company Ltd will be referred to as “we”, “us” and “our”
1.2 In all cases the client will be referred to as “you”, “your”, “your company” and “director(s)”
1.3 We reserve the right to alter these terms and conditions at any time giving you 30 days notice.
2. SERVICES
2.1 We will provide all reasonable services relevant to your business as explained below:
2.2 We will prepare your relevant tax return together with such supporting schedules as are appropriate and we will prepare your tax computations.
2.3 We will send you your tax return, business accounts, tax computations and supporting schedules for you to approve and sign. We will then submit the relevant information to the Inland Revenue and other agencies in the most appropriate way.
2.4 We will tell you how much tax and/or national insurance contributions you should pay and when. If appropriate we will initiate repayment claims when tax and national insurance contributions has/have been overpaid.
2.5 We will deal with the Inland Revenue regarding any amendments required to your return and prepare any amended returns which may be required.
2.6 We will advise as to possible claims and elections arising from the tax return and from information supplied by you. Where instructed by you, we will make such claims and elections in the form and manner required by the Inland Revenue.
2.7 We will deal with all communications relating to your return addressed to us by the Inland Revenue or passed to us by you. However, if the Inland Revenue choose your return for enquiry this work may need to be the subject of a separate assignment in which case we will seek further instructions from you.
3. YOUR RESPONSIBILITIES: PROVISION OF INFORMATION BY YOU
3.1 You are legally responsible for making correct returns by the due date and for payment of tax on time. Failure to meet the deadlines may result in automatic penalties, surcharges and/or interest.
3.2 To enable us to carry out our work you agree:
(a) that all returns are to be made on the basis of full disclosure of all sources of income, charges, allowances and capital transactions;
(b) to provide full information necessary for dealing with your affairs: we will rely on the information and documents being true, correct and complete and will not audit the information or those documents;
(c) that we can approach such third parties as may be appropriate for information that we consider necessary to deal with your affairs;
(d) to provide us with information in sufficient time for your tax return to be completed and submitted by the due date following the end of the tax year. In order that we can do this, we need to receive all relevant information by 2 months after your year end.
(e) to forward to us on receipt copies of all Inland Revenue statements of account, PAYE coding notices, notices of assessment, letters and other communications received from the Inland Revenue to enable us to deal with them as may be necessary within the statutory time limits; and
(f) To keep us informed about significant changes in your circumstances if they are likely to affect your tax position.
4. FEES
4.1 Fees will be paid monthly in all cases and our services will not commence until your first payment has been approved.
4.2 Any changes to the fees or fees structure will be provided to you at least 30 days in advance of any such alteration.
4.3 Any additional fees incurred will be agreed with you in advance and become payable 30 days after completion.
4.4 Our fees are fixed and there will be no reduction's if our services are not fully utilised.
4.5 If you transfer to us part way through your business year a transfer fee may be chargeable for all work completed. This will be payable on our standard terms.
4.6 In the event you become more than 1 month in arrears in respect to your fees, we reserve the right to suspend any service to you including access to your website.
4.7 In the event of your service being suspended reconnection will only occur once outstanding fees have been settled. A reconnection charge of £75 plus vat may be charged.
4.8 We reserve the right to charge interest on all outstanding fees at the rate of 5% above the base rate of HSBC.
5. TERMINATION
5.1 Both parties are entitled to terminate this agreement at any time giving 1 months notice in writing.
5.2 A termination charge may be incurred (listed on our fees page) for all administration work in closing down your account.
5.3 In the event of your owing fees to us will reserve the right to hold all records and information until full payment is made.
5.4 In the event of a termination and subject to the above terms we will provide all records complete to the specified date of termination including up to date accounts.
6. OUR WEBSITE
6.1 All content and design of our website are subject to all copyright laws. We will only allow printed copies of our website to be used for information purposes only.
6.2 This website is designed solely for UK resident client relating to UK tax laws.
6.3 Our website is made available for public viewing. However, we do not accept any responsibility whatsoever for any loss or damage arising out of use of this website from non clients.
7. PRIVACY STATEMENT
7.1 All information and records held by us will be treated as and kept confidential at all times unless instructed otherwise by you.
7.2 At times we may use the information we hold on you for internal marketing purposes. However, we will not release this information to external sources.
7.3 Under the United Kingdom, data protection regime you are entitled to request details of personal information we hold on you. For this we will charge you £10 for each such request.
8. SECURITY
8.1 You are responsible for all information posted onto the website by you or anyone else and we are entitled to act upon any instructions given by anyone using your username and password.
8.2 It is your responsibility to keep your username and password secret and safe at all times. If you think anyone is using your details illegally then you should contact us immediately.
8.3 Although we take up most care to ensure that viruses do not spread through the use of our website or though email, we cannot guarantee 100% security.
9. QUALITY OF SERVICE
9.1 We aim to provide a high quality of service at all times. If you would like to discuss with us how our service could be improved or if you are dissatisfied with the service you are receiving please let us know.
9.2 We undertake to look into any complaint carefully and promptly and to do all we can to explain the position to you.
10. LIMITATION OF LIABILITY
10.1 The advice which we give to you is for your sole use and does not constitute advice to any third party to whom you may communicate it.
10.2 We will provide the professional services outlined in the terms with reasonable care and skill. However, we will not be responsible for any losses, penalties, surcharges, interest or additional tax liabilities arising from the supply by you or others of incorrect or incomplete information, or from the failure by you or others to supply any appropriate information or your failure to act on our advice or respond promptly to communications from us or the tax authorities or your inability to use the services offered.
10.3 E-mail will be used to enable us to communicate with you. 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 virus check on any attachments received.
11. APPLICABLE LAW
11.1 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.