Terms & Conditions

Terms and Conditions of Business

This schedule should be read in conjunction with the engagement letter and the Schedule of Services.

1. Fees

1.1 Our fees are computed based on time spent on your affairs by the principals and our staff, and on the levels of skill and responsibility of the individuals involved.

1.2 Our fees are exclusive of VAT which will be added where it is chargeable. Any disbursements we incur on your behalf and expenses incurred in the course of carrying out our work for you will be added to our invoices where appropriate.

1.3 If we provide you with an estimate of our fees for any specific work, then the estimate will not be contractually binding unless we explicitly state that it will be the case.

1.4 Where requested we may indicate a fixed fee for the provision of specific services or an indicative range of fees for a particular assignment. Fee quotes are reviewed in the light of events and circumstances.

1.5 Work outside the responsibilities outlined in the engagement letter will involve additional fees.

1.6 If you do not accept that an invoiced fee is fair and reasonable you must notify us within 21 days of receipt, failing which you will be deemed to have accepted that payment is due.

1.7 Invoices are payable in full before any work on the financial statements for the following year is commenced unless alternative arrangements are agreed.

1.8 In the event invoices remain unpaid by the company, the directors agree that they are jointly and severally liable for all outstanding amounts.

1.9 It is our normal practice to request that clients pay a proportion of their fee via a monthly standing order.

1.10 Payment terms are strictly 30 days net. Interest and compensation for recovery costs may be charged on overdue debts at the statutory rate.

1.11 Unless otherwise agreed, our fees do not include the costs of any third party or other professional fees.

1.12 We reserve the right to suspend our services or cease to act if payment is not received within normal credit terms.

2. DPB Licensed

2.1 Although we are not authorised by the Financial Services Authority to conduct investment business, we are licensed by The Institute of Chartered Accountants in England and Wales to provide certain limited investment services where these are complementary to the professional services we provide.

2.2 Any service will be limited to referring you to a Permitted Third Party (PTP), an independent firm authorised to provide financial advice.

The PTP will issue its own terms and conditions and take full responsibility for compliance.

2.3 Commissions or benefits may sometimes become payable to us in respect of introductions or information provided to third parties. These will be disclosed to you and your consent obtained where required.

3. Retention of and Access to Records

3.1 You have a legal responsibility to retain documents and records relevant to your financial affairs.

• Individuals with trading or rental income: 3 years and 10 months after the end of the tax year
• Individuals without trading income: 22 months after the end of the tax year
• Companies or LLPs: 3 years from the end of the accounting period

3.2 We may destroy correspondence and papers stored by us after seven years unless they are considered of continuing significance.

4. Lien

We reserve the right to exercise a lien over all funds, documents and records in our possession relating to engagements until outstanding fees are paid.

5. Confidentiality

Communication between us is confidential. We will take reasonable steps to protect confidential information except where disclosure is required by law, regulatory bodies or insurers.

We may subcontract work to other professionals who will also be bound by confidentiality terms.

6. Conflicts of Interest

If we become aware of any conflict of interest in our relationship with you or another client we will inform you unless confidentiality obligations prevent us from doing so.

7. Quality Control

We will observe the regulations and ethical guidelines of the Chartered Institute of Taxation and our files may be subject to independent quality review.

8. Reliance on Advice

Advice given orally should not be relied upon unless confirmed in writing.

9. Implementation

We will assist with implementation of advice only where specifically instructed and agreed in writing.

10. Complaints

If you are dissatisfied with our service please contact the partner responsible for your affairs. Complaints will be investigated promptly and fairly.

11. Internet and Electronic Communication

Unless instructed otherwise we may communicate with you via email or other electronic means. Electronic communication carries inherent risks including interception or delayed delivery.

12. Intellectual Property Rights

We retain copyright in any documents prepared by us during the course of an engagement unless the law provides otherwise.

13. Client Identification

We are required to verify client identity under UK anti-money laundering legislation and may request documentation or conduct database searches.

14. Data Protection

Both parties agree to comply with all applicable data protection legislation including GDPR and related UK laws. Client personal data will only be processed to provide services, comply with legal obligations or for legitimate interests.

15. Limitation of Liability

We will provide services with reasonable care and skill but will not be responsible for losses arising from incomplete or incorrect information provided by you.

Our aggregate liability for losses arising from this engagement shall not exceed five times the fee for the work performed.

16. Internal Disputes Within a Client

Where disputes arise between directors or owners of a business we will treat the business as the client and not provide information to one party without the consent of all parties.

17. Limitation of Third Party Rights

Advice provided is for your sole use and may not be relied upon by third parties unless explicitly agreed.

18. Interpretation

If any provision of these terms is deemed invalid the remaining provisions remain enforceable.

19. Applicable Law

This agreement is governed by English law and disputes fall under the jurisdiction of the Courts of England.

20. Anti-Bribery

Debére Ltd is committed to conducting business honestly and maintains a zero tolerance approach to bribery.

21. Health and Safety

We will cooperate with your health and safety requirements when operating on your premises.

22. Force Majeure

Neither party shall be liable for delays or failures in performance caused by events beyond reasonable control.

23. Waiver, Assignment and Sub-Contractors

Neither party may assign rights under the engagement without written consent except where a business successor is involved.

24. Schedule of Services

The services provided will be defined in the Schedule of Services issued with the engagement letter.

25. Period of Engagement and Termination

Either party may terminate the agreement with 21 days written notice unless termination is required immediately due to non-cooperation or misleading information.

26. Disengagement

If contact has not been made for more than 12 months we may issue a disengagement letter and cease to act.

27. The Provision of Services Regulations 2009

Details of our professional indemnity insurer and territorial coverage are available upon request.

28. Severance

If any provision of these terms becomes invalid or unenforceable it shall be deemed deleted without affecting the validity of the remaining provisions.