Professional Rules and Practice Guidelines
We will observe the bye-laws, regulations and ethical guidelines of the Association of Chartered Certified Accountants and accept instructions to act for you on the basis that we will act in accordance with those guidelines. Copies of these requirements are available for your inspection at our offices.
Conflicts of Interest and Confidentiality
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. 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. We confirm that where you give us 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 pronouncements applicable to our engagement. You agree that it will be sufficient compliance with our duty of confidence for us to take such steps as we in good faith think fit to preserve confidential information both during and after the termination of this engagement.
As part of our ongoing commitment to providing a quality service, our files are periodically subject to an independent quality control review. Our reviewers are highly experienced and professional people and, of course, are bound by the same requirements for confidentiality as our principals and staff.
Data Protection Act 1998
To enable us to discharge the services under this engagement, and for other related purposes including updating and enhancing client records, analysis for management purposes and statutory returns, crime prevention and legal and regulatory compliance, we may obtain, use process and disclose personal data about the entity, its owners and employees. You may have the 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 personal data supplied about you is Davis & Co LLP.
Contracts (Rights of Third Parties) Act 1999
A person who is not party to this Agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement. This clause does not affect any right or remedy of any person, which exists or is available otherwise than pursuant to that Act. The advice, which we give you, is for your sole use and does not constitute advice to any third party to whom you may communicate it. We accept no responsibility to third parties for any aspect of our professional services or work that is made available to them.
Limitation of Liability
We will provide our professional services outlined in this letter with reasonable care and skill. However, we will not be responsible for any losses arising from the supply by you or others of incorrect or incomplete information, or you or others’ failure to supply any appropriate information or your failure to act on our advice or respond promptly to communications from us. You agree to hold harmless and indemnify us, our directors and staff against any misrepresentation (intentional or unintentional), supplied to us orally or in writing in connection with this agreement. We will perform our engagement with reasonable skill and care. The total aggregate liability to you, of whatever nature, whether in contract, tort or otherwise, of Davis & Co LLP for any losses whatsoever and howsoever caused from or in any way connected with this engagement shall not exceed the aggregate of the net amount invoiced (net of VAT) to you by Davis & Co LLP over the course of the previous five years.
These Terms and Conditions, along with any accompanying letter of engagement shall be governed by, and construed in accordance with, English law. The Courts of England shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning the engagement letter and any matter arising from it. Each part irrevocably waives any right it may have to object to an action being brought in those Courts, to claim that the action has been brought in an inconvenient forum, or to claim that those Courts do not have jurisdiction.
Our fees are based upon the degree of responsibility and skill involved and time taken. Fees are either: * charged separately for each of the main classes of work described in the accompanying letter of engagement and be billed at appropriate intervals during the course of the year or, *agreed up front and payable monthly by installment trough the year. Fees agreed upfront are required to be paid by monthly standing order. Fees are due for payment within 30 days of the date of the fee-note. All queries on fee accounts rendered by us must be raised in writing within seven days of the account being issued. Any account received by you and not queried in writing within seven days will be deemed to be accepted as a reasonable charge for the work done. We reserve the right to charge interest on overdue accounts at the current rate under the Late Payment of Commercial Debts (Interest) Act 1998. We also reserve the right to terminate our provision of services to you and cease acting if payment of any fees billed is unduly delayed. If, for any reason it becomes necessary for us to withdraw from providing services to you, our fees for work performed up to that date will be payable by you.
The Best Service
We wish to provide a high quality service at all times. If at any time you would like to discuss with us how our service to you could be improved or if you are concerned with the service you are receiving please let us know by telephoning Andrew Davis. We undertake to consider any comments carefully and promptly and to do all we can to explain the position to you. We undertake to do everything reasonable to resolve any problems and if you are still not satisfied you may, of course, take up matters with Davis & Co LLP at Ellerd House, Amenbury Lane, Harpenden, Herts AL5 2EJ.
Retention of and Access to Records
During the course of our work we will collect information from you and we will return any original documents to you following the completion of the assignment. Whilst certain documents may legally belong to you, we intend to destroy correspondence and other papers that we store, which are more than six years old, other than documents which we consider to be of continued significance. Documents, which are allowed under statute or other regulations to be destroyed on an earlier date, will be destroyed on that earlier date. If you require retention of any documents you must notify us of that fact in writing.
Internet communications are capable of data corruption and, therefore, we do not accept any responsibility for changes made to such communications after their despatch. It may, therefore, be inappropriate to rely on advice contained in an email without obtaining written confirmation of it. We do not accept responsibility for any errors or problems that may arise through the use of internet communications and all risks connected with sending sensitive information relating to you are borne by you. If you do not agree to accept this risk, you should notify us in writing that email is not an acceptable means of communication. It is the responsibility of the recipient to carry out a virus check on any attachments received.
If during the provision of professional services to you, advice is required on investments, any advice will be provided by Beacon Private Trust, which is authorised by the Financial Conduct Authority to conduct investment business. Any Probate or Will related advice is conducted by Beacon
Client Money Regulations
We are authorised to hold client money. Client money will be held in separate client accounts according to regulatory requirements. Full money laundering controls and monitoring are applied/undertaken on all client money transactions and all client monies held by Davis & Co LLP.
Our server stats collect data about the pages you visit on our website. We use these logs to monitor the performance of the website and to make improvements. Apart from this data, the only places we collect data from are any forms you choose to fill in on the website.
If you choose to complete any of our on-line forms or sign up to the newsletter, we will only use this information to communicate with you and will not share it with any third parties. You may receive occasional e-mail messages from [email protected] on matters that we consider may be of interest to you.
You can ask us to update or remove your personal information by contacting us.
We take no responsibility for content or opinions from external websites linked to www.davis-co.co.uk.