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Terms of Business (Professional clients)
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This note sets out the terms on which BKL Tax ("we")
offer
taxation consultancy advice to other professionals ("you").
Advice other than by telephone
Fixed fees
Our preferred method of working is to agree with you in advance
a fixed fee for each particular piece of work as well as a delivery
date for that work. This fee (and the delivery date) assumes that
we will be given on a reasonably timely basis any information we
may need to complete the project within a reasonable timescale.
Where this is not forthcoming we may seek additional payment for
any additional work arising. Where the scope of the project is extended
or supplementary questions are raised arising from our work we will
quote for any additional work required.
Ongoing tasks
Where we are instructed to undertake work without having quoted
a fixed fee in advance or where it is not practicable or appropriate
to agree a fixed fee - as for example where the scope of the work
cannot be clearly defined or may change with time - we will charge
by reference to the time necessarily occupied on the work having
regard to the degree of responsibility and skill involved and the
level of staff involved. Our current hourly rates are available
on request.
Billing
Unless, exceptionally, we have explicitly agreed in writing to act
directly for your client on a referral basis, our contractual relationship
will be with you, the instructing professional, to whom all fee
notes will be rendered. We generally render fee notes monthly in
respect of work undertaken in the month (including payments on account
of fixed-fee work where appropriate). Minor disbursements (including
fax, telephone and photocopy costs) will not be charged separately
but a notional charge of 1.5% of the fee will be added to cover
these costs. Substantial disbursements including travel costs will
be charged at cost. If you so request and if the costs accrued in
a month are relatively small, we may defer billing until a reasonable
amount has accumulated but we would not normally render fee notes
less frequently than quarterly. Payment is due within 14 days from
submission of fee notes and we reserve the right to charge interest
on overdue amounts at the rate from time to time specified for the
purposes of the Late Payments of Commercial Debt (Interest) Act
1998.
Advice by telephone
We are always happy to give advice over the telephone, which will
often be a cost-effective way of clearing up a particular point.
Charges
Telephone advice will be charged on a time basis (subject to a minimum
charge of 15 minutes' time) at our published rates, which are available
on request.
Limitations
Advice given by telephone will relate to the specific query raised
and it is not realistic to undertake that in a short unprepared
telephone discussion we will necessarily cover every possible nuance
or planning point that may peripherally arise. Furthermore, in view
of the risk of misunderstanding we strongly recommend that the substance
of advice given over the telephone be confirmed in writing. Where
this is requested at the time of the call we will prepare and send
you a note summarising the discussion and advice for a fixed charge
which is currently £100 + VAT. Alternatively, we will "settle"
without charge your own note of the telephone discussion and advice
if it is sent to us within three working days of the telephone conversation.
Where follow-up work is requested as a result of the telephone conversation
it will be dealt with as detailed below.
Mutual responsibilities
Basis of advice
In giving advice we will adhere to the professional rules and practice
guidelines of the Chartered Institute of Taxation and of the Chartered
Institute of Accountants in England and Wales. Our advice is based
on the facts presented to us. We will make all enquiries of you
which we believe are reasonably appropriate to the matter on which
we are asked to advise but we do rely upon you to disclose to us
all material facts so far as they are known to you.
Money Laundering
Where in relation to any dealings with us you act or appear to act
for another person the Money Laundering Regulations 2003 ("the
Regulations") require us to take reasonable steps to identify
that person. By signing these terms of business you confirm that
(a) you carry out relevant business for the purposes of the Regulations;
(b) if you seek advice from us in respect of a particular client
you will identify that client to us having previously undertaken
any client identification procedures which are required under the
Regulations; and
(c) you will provide reasonable evidence of such identification
on request.
You should note that like all tax advisers we may be obliged in
some circumstances to make reports to the National Criminal Intelligence
Service.
Non-poaching
We undertake that where we have given taxation consultancy advice
in respect of a particular client of your firm we will not without
your consent take instructions directly from that client either
now or in the future. In return you undertake neither to offer employment
or partnership to any of our employees nor to have any business
dealings with them for two years after they have left our employment.
Assurances
Quality of service
Our aim is to provide you with an unparalleled quality of service.
If you have any cause for complaint you should in the first instance
contact David Whiscombe. If this is not appropriate or if this does
not resolve the matter, please contact Brian Berg. We undertake
to look into any complaint carefully and promptly and to do all
we can to explain the position to you. If we do not answer any complaint
to your satisfaction, you may take up the matter with the Institute
of Chartered Accountants in England & Wales.
Satisfaction guarantee
All tax consultancy work undertaken under these terms of business
carries an unconditional guarantee that you will be entirely satisfied
both with the quality of our advice and the charge we make for it.
If you do not agree that the fee note which we send you is fair,
you may within 14 days of receipt by you return it to us and simply
pay us the fee which you judge to be fair.
External review
To maintain and improve standards we arrange each year for some
of our files and working papers to be reviewed by an independent
qualified external reviewer. To the extent necessary to carry out
this external review, we may allow the reviewer access to any of
our files concerning either you or your clients unless you give
us instructions to the contrary. We may also disclose our files
to regulatory bodies in the exercise of their powers.
Matters electronic
E-mail
Because internet communications may be susceptible to corruption
unauthorised alteration or disclosure (for which we do not accept
responsibility) it may be inappropriate to rely on advice contained
in an e-mail without obtaining written confirmation of it. It is
the responsibility of the recipient to carry out a virus check on
any attachments received. If e-mail is not an acceptable means of
communication you should notify us in writing.
Data Protection Act 1998
We may obtain, use, process and disclose personal data about you
in order that we may discharge the services agreed under this engagement
letter, 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. 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 personal data supplied
about you is Brian Berg.
Limitations and exclusions
Limitation of liability
Our aggregate maximum liability in respect of any matter on which
you instruct us shall be limited to 20 times the aggregate amount
of our fees invoiced to and paid by you in respect of that matter.
The benefit of this clause shall extend to our partners employees
and subcontractors but shall not apply to any losses which arise
from fraud or dishonesty.
Delay in implementation
Tax rules change constantly. Where we are aware of imminent changes
in law or practice we will draw this to your attention in any written
report. However, you should be aware that the accuracy of any advice
given is guaranteed only as at the date stated in the report. If
a transaction is delayed or is to be repeated, or if an apparently
similar transaction is to be undertaken, fresh advice should be
sought.
Third parties
Our advice is provided to and for the benefit of you, the professional
practice: you agree that you will not without our consent disclose
it to third parties (excepting your client in relation to whom you
have sought the advice from us) and we do not under any circumstances
accept any liability to any third parties acting in reliance upon
it. It is agreed that no third party shall acquire any right under
the Contracts (Rights of Third Parties) Act 1999 or otherwise to
enforce any term of this agreement.
Legal agreement
These terms of business shall be governed by, and construed in
accordance with, English law and shall remain in effect until varied
by notice in writing or on the website shown below. The Courts of
England shall have exclusive jurisdiction in relation to any claim,
dispute or difference concerning the terms of engagement and any
matter arising from it. Each party 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.
Hourly charge-out
rates
Current charge-out rates are available on request.
Notes
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This schedule forms part of and should be read
in conjunction with our terms of business above |
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Charges are exclusive of VAT and specific disbursements |
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Travelling time to meetings out of the office is charged at
50% of the quoted rates |
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