Finance Supporting Teaching and Learning
Your personal information
Your personal information is only collected when voluntarily submitted by you. We may use the information we collect to provide you with news and other information which you may have requested. Occasionally we may notify you about important changes to the site and new information or services which we think you may find valuable. If you do not wish to receive this information, please send an e-mail to firstname.lastname@example.org.
Data controller and contact information
Academy Advisory Limited is a UK company which an independent UK accounting and consultancy firm registered and regulated by the ACCA.
The data controller for this website site is Academy Advisory Limited, Watling Court, Watling Street, Cannock, WS11 0EL. As a data controller under the Data Protection Act (1998) and the GDPR (2018), Academy Advisory Limited adheres strictly to our legal duty to protect any personal information we collect from you.
If you have any questions about this privacy statement or how and why we process personal data, please contact us at email@example.com.
If you are unhappy with our response or feel the need to escalate matters, you can contact our data protection officer (DPO), Chris Whiting at firstname.lastname@example.org.
Disclosure of your personal information
Personal information is not disclosed to third parties unless this is indicated on the web page and/or relevant form at the point of collecting information from you, or as required by law.
Access to your personal information
In accordance with the Data Protection Act 1998, you are entitled to request a copy of the information we hold about you. We may charge a fee for complying with this request.
You have the right to contact us to remove consent, to correct, or to erase your personal data at any time, where relevant. Any questions regarding this policy and our privacy practices, and/or if you wish to request a copy of your personal information, a request should be sent via email to email@example.com.
If you are unhappy with our response or feel the need to escalate matters, you can contact our data protection officer (DPO), Chris Whiting at firstname.lastname@example.org.
How to withdraw consent
If you wish to unsubscribe from our mailing list at any point, you can do so by emailing email@example.com with unsubscribe in the subject line or by clicking on the unsubscribe link at the bottom of marketing emails you receive from us.
This website is operated by Academy Advisory Limited but hosting of the site is carried out by a third party.
Academy Advisory Limited does not capture and store any personal information about individuals who access this website, except where you voluntarily choose to give us your personal details via email, or by using an electronic form, or enquiring about any of our services. In these circumstances, the personal information that you give us will only be used to provide the information or service you have requested.
Changes to this statement
This privacy statement was last updated on 5th April 2018.
Cookies are text files placed on your computer to collect standard internet log information and visitor behaviour information. This information is used to track visitor use of the website and to compile statistical reports on website activity.
- Collect any personally identifiable information
- Collect any sensitive information
- Pass data to advertising networks
- Pass personally identifiable data to third parties
- Pay sales commissions
Cookies used on this website: Google Analytics
These cookies allow us to count visits and traffic sources, so we can measure and improve the performance of our site. They help us know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies, we wont know when you have visited our site.
How Do I Manage Cookies?
You may refuse or accept cookies from the Academy Advisory Website at any time by activating settings on your browser. Information about the procedure to follow in order to enable or disable cookies can be found on your internet browser provider’s website via your help screen. You may wish to refer to www.allaboutcookies.org/manage-cookies/index.html for information on commonly used browsers.
ENVIRONMENTAL POLICY STATEMENT
The Environmental Policy of Academy Advisory Limited (the Company) is to ensure so far as it is reasonably practicable that its operations are conducted with a commitment to protecting and minimising the impact of its activities on the environment.
The key points of its strategy to achieve this are:
- Minimise waste by evaluating operations and ensuring they are as efficient as possible.
- Minimise toxic emissions caused by travel by car-pooling or public transport arrangements where possible.
- Actively promote recycling both internally and amongst its customers and suppliers
- Recycle all paper, cardboard and ink cartridges, while also considering the proper disposal of confidential waste.
- Where possible use environmentally friendly resources.
- Comply with all relevant environmental legislation that relates to the Company.
This Environment Policy Statement will be renewed and updated as necessary. The management team endorses all aspects of this Policy Statement and is fully committed to its implementation.
Updated June 2017
EQUAL OPPORTUNITIES POLICY
Academy Advisory Ltd recognises that it is essential to provide equal opportunities to all persons without discrimination. This policy sets out the organisation's position on equal opportunity in all aspects of employment, including recruitment and promotion, giving guidance and encouragement to employees at all levels to act fairly and prevent discrimination on the grounds of sex, race, marital status, part-time and fixed term contract status, age, sexual orientation or religion.
Statement of policy
- It is the policy of Academy Advisory Ltd to ensure that no job applicant or employee receives less favourable treatment on the grounds of sexual orientation, race, marital status/civil partnership, disability, age, gender or gender reassignment, religion/belief, pregnancy and maternity or is disadvantaged by conditions or requirements that cannot be shown to be justifiable. The organisation is committed not only to its legal obligations but also to the positive promotion of equality of opportunity in all aspects of employment.
- The organisation recognises that adhering to the Equal Opportunities Policy, combined with relevant employment policies and practices, maximises Academy Advisory Ltd recognises the great benefits in having a diverse workforce with different backgrounds, solely employed on ability.
- The application of recruitment, training, and promotion policies to all individuals will be on the basis of job requirements and the individual’s ability and merits.
- All employees and representatives of the organisation will be made aware of the provisions of this policy.
Recruitment and promotion
- Advertisements for posts will give sufficiently clear and accurate information to enable potential applicants to assess their own suitability for the post. Information about vacant posts will be provided in such a manner that does not restrict its audience in terms of sexual orientation, race, marital status/civil partnership, disability, age, gender or gender reassignment, religion/belief, pregnancy and maternity.
- Recruitment literature will not imply a preference for one group of applicants unless there is a genuine occupational qualification which limits the post to this particular group, in which case this must be clearly stated.
- All vacancies will be circulated internally.
- All descriptions and specifications for posts will include only requirements that are necessary and justifiable for the effective performance of the job.
- All selection will be thorough, conducted against defined criteria and will deal only with the applicant’s suitability for the job. Where it is necessary to ask questions relating to personal circumstances, these will be related purely to job requirements and asked to all candidates.
- Will not discriminate on the basis of sexual orientation, race, marital status/civil partnership, disability, age, gender or gender reassignment, religion/belief, pregnancy and maternity in the allocation of duties between employees employed at any level with comparable job descriptions.
- Academy Advisory will put in place any reasonable measures and/or adjustments within the workplace for those employees who become disabled during employment or for disabled appointees.
- All employees will be considered solely on their merits for career development and promotion with equal opportunities for all.
- Employees will be provided with appropriate training regardless of sexual orientation, race, marital status/civil partnership, disability, age, gender or gender reassignment, religion/belief, pregnancy and maternity.
- All employees will be encouraged to discuss their career prospects and training needs with their Line Manager or the HR Department.
Grievances and victimisation
- Academy Advisory Ltd emphasises that discrimination is unacceptable conduct which may lead to disciplinary action.
- Any complaints of discrimination will be pursued through the organisation’s procedures.
We are committed to ensuring our services are open, fair and accessible by taking into consideration the needs and requirements of all customers, potential and existing. We will ensure that;
- Customers and staff have the opportunity to engage with and participate in the planning of services.
- Provide clear information about our services and where necessary in accessible formats
- Provide training for all our employees and representatives to ensure they have a good understanding of our diverse communities and their needs
- Assess the impact and monitoring of our services to ensure they do not discriminate
- Monitor take up of services across the protected characteristics.
Review of this policy
This policy will be reviewed every three years unless we are required to do so due to change of legislation.
Policy dated April 2017
HEALTH AND SAFETY POLICY
- STATEMENT OF GENERAL POLICY
- The Company fully accepts the obligations placed upon it by the various Acts of Parliament covering health and safety. The Company requires its Directors to ensure that the following policy is implemented and to report annually on its effectiveness.
- MANAGEMENT ORGANISATION AND ARRANGEMENTS
- This policy has been prepared and published under the requirements of Health & Safety at Work legislation. The purpose of the policy is to establish general standards for health and safety at work and to distribute responsibility for their achievement to all employees and representatives through normal line management processes.
- MANAGEMENT RESPONSIBILITIES
- Directors: The Directors have overall responsibility for the implementation of the Company's policy. In particular they are responsible for ensuring that the policy is widely communicated and that its effectiveness is monitored.
- Senior Managers These managers are wholly accountable to the Directors for the implementation and monitoring of the policy within the area of their specified responsibility.
- HEALTH AND SAFETY MANAGEMENT PROCESS
- The Company believes that consideration of the health, safety and welfare of staff is an integral part of the management process. The provision of the Health and Safety at Work etc Act, associated Codes of Practice and E.C. Directives will be adopted as required standards within the Company. Responsibility for health and safety matters shall be explicitly stated in management job descriptions.
- he Company requires an approach to health and safety in a systematic way, by identifying hazards and problems, planning improvements, taking executive action and monitoring results so that the majority of health and safety needs will be met as part of day-to-day management.
- If unpredictable health and safety issues arise during the year, the Directors must assess the degree of risk, in deciding the necessary resources and actions to commit to addressing these issues.
- HEALTH, SAFETY AND WELFARE GUIDELINES
- It is the policy of the Company that all health and safety policies or guidelines should embody at least the minimum standards for health and safety.
- It shall be the responsibility of managers to bring to the attention of all members of staff and representatives, the provisions of health and safety guidelines, and to consult with appropriate Health and Safety Representatives about the updating of these guidelines. The model contents of a guideline are:
- a clear statement of the role of the department;
- regulations governing the work of the department;
- clear reference to safe methods of working, for example lone working procedures, manufacturers' manuals;
- information about immediate matters of health and safety concern, such as fire drills, fire exits, first aid;
- training standards;
- the role and identity of the Health and Safety Representative;
- names of specialist advisers who can be approached about the work of the department;
- the manager responsible for organisation and control of work;
- accident reporting procedures;
- departmental safety rules;
- fire procedures;
- policies agreed by the Company.
- IDENTIFICATION OF HEALTH AND SAFETY HAZARDS - ANNUAL AUDIT AND REGULAR RISK ASSESSMENTS
- It is the policy of the Company to require regular, thorough examinations of health and safety performance against established standards. The technique to be adopted for such examinations will be the 'Safety Audit'. The Audit requires review of:
- standards laid down in the policy;
- departmental guidelines;
- relevant regulations;
- environmental factors;
- staff attitudes;
- staff instructions;
- methods of work;
- contingency plans;
- recording and provision of information about accidents and hazards and the assessment of risk.
- The information obtained by the Audit will be used to form the basis of the plan for the department for the following year.
- The responsibility for ensuring that audit activity is carried out as part of this policy rests with the Directors. Although the Audit remains a management responsibility, managers are required as part of this policy to seek the involvement of the appropriate Health and Safety Representative in the conduct of the Audit.
- It is the management's responsibility to ensure that any deficiencies highlighted in the Audit are dealt with as speedily as possible.
- In addition to carrying out Safety Audits, it is the responsibility of the department manager to check, all portable equipment, including electrical appliances, in their area, and to ensure that all problems are immediately dealt with.
- Managers have a continual responsibility for the elimination of hazards in order to maintain a safe working environment and will also be expected to carry out regular risk assessments in line with the Health and Safety Executive Guidelines; that is follow the 5 steps:
- Identify the hazards
- Decide who might be harmed and how
- Evaluate the Risks and decide on precautions
- Record the findings and implement the precautions
- Review the assessment and update when necessary
- It is the policy of the Company to require regular, thorough examinations of health and safety performance against established standards. The technique to be adopted for such examinations will be the 'Safety Audit'. The Audit requires review of:
- Where appropriate, Health and Safety training shall be incorporated within annual training programmes, as part of the development of a systematic training plan. Health and Safety training needs will, therefore, be identified and planned for in the same manner as other training needs.
- Four areas of need shall be given special priority:
- training for managers, to equip them with an understanding of the manager's responsibilities under this policy, and the role and purpose of safety representatives;
- training for safety representatives to enable them to discharge their function;
- training for all members of staff to acquaint them with the main provisions of the law and its practical implication, the main features of this policy and key safety rules;
- induction and in-service training for staff at all levels to acquaint them fully with new requirements and hazards.
- RECORDS, STATISTICS AND MONITORING
- The Company will operate systems for recording, analysis and presentation of information about accidents, hazard situations and untoward occurrences. Advice will be sought, where appropriate with specialist advisory bodies for example local Environmental Health Departments, and the responsibility for the operation of these systems rests with managers.
- REPORTS TO THE HEALTH AND SAFETY EXECUTIVE
- The responsibility for meeting the requirements of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1985 to the Health and Safety Executive, shall rest with the Directors.
- SPECIALIST ADVISORY BODIES
- Certain bodies and the individual members of those bodies, have always had a Health and Safety role, most notably, the Health & Safety executive, or local Environmental Health Departments. If further specialist advice is required, this may be obtained by Managers from expert individuals or bodies outside the Company.
- FIRST AID
- It is the policy of the Company to make provision for First Aid in accordance with the First Aid Regulations (1982). The Directors are responsible for ensuring the Regulations are implemented and for identifying training needs.
- The Directors are responsible for ensuring that the staff receive adequate fire instruction, and that nominated fire officers are designated in all Company premises.
- In addition the Company may nominate a Fire Officer (this may be the Safety Officer or someone external to the Company)
- report and advise on the standard of fire safety in the Company's premises and the standard of fire training of its staff;
- undertake overall responsibility for fire training;
- assist in the investigation of all fires in the Company's premises and to submit reports of such incidents.
- CONDEMNATION AND DISPOSAL OF EQUIPMENT
- Procedures for the, condemnation and disposal of equipment are set out in the Company's Standing Financial Instructions. Managers introducing new equipment should have new equipment checked by a relevant body.
- LIFTING AND HANDLING
- Managers are responsible for informing staff of safe lifting techniques. Specific training needs will be addressed. The Directors will ensure training in lifting and handling is provided to staff who require it.
- NON-SMOKING ON COMPANY PREMISES
- There will be no smoking on company premises.
- CONTROL OF SUBSTANCES HAZARDOUS TO HEALTH
- The Control of Substances Hazardous to Health Regulations (COSHH) require the Company to identify those substances which are in use and which are hazardous to health (as legally defined) and to assess the risk of those substances. The Company must also provide and use controls to prevent exposure to substances hazardous to health; maintain controls by monitoring exposure, or by health surveillance of employees; and provide information, instruction and training for employees on all these matters. The Safety Officer is responsible for implementing these Regulations.
- COMPUTER INSTALLATIONS AND VISUAL DISPLAY UNITS
- All new computer installations must adhere to the British Standard Specifications and comply with the Health and Safety (Display Screen Equipment) Regulations 1992. All new employees operating VDUs are referenced to the Health and Safety Executive Booklet entitled 'Working with VDUs'.
- CONTROL OF WORKING TIME
- The Company is committed to the principles of the Working Time Regulations. No member of staff is expected to work more than 48 hours per week (including overtime) unless there are exceptional circumstances. Similarly all other requirements of the regulations e.g. in relation to breaks, night workers etc. will be complied with.
- HEALTH AND SAFETY AND THE INDIVIDUAL EMPLOYEE
- The Health and Safety at Work Act requires each employee 'to take reasonable care for the Health and Safety of himself and of other persons who may be affected by their acts and omissions' and co-operate with management to enable management to carry out their responsibilities under the Act. Employees have equal responsibility with the Company for Health and Safety at Work.
- The refusal of any employee to meet their obligations will be regarded as a matter to be dealt with under the Disciplinary Procedure. In normal circumstances counselling of the employee should be sufficient. With a continuing problem, or where an employee leaves themself or other employees open to risk or injury, it may be necessary to implement the formal stages of the Disciplinary Procedure.
- PEOPLE WORKING ON COMPANY PREMISES NOT EMPLOYED BY THE COMPANY
- Persons working in the Company premises who are employed by other organisations are expected to follow Company Health and Safety Policies with regard to the safety of Company employees, their own personal safety (and that of other parties such as the general public if appropriate) and their method of work. This responsibility will be included in contracts or working arrangements.
- PEOPLE WORKING ON BEHALF OF THE COMPANY NOT ON COMPANY PREMISES
- Persons working on behalf of the Company but not on Company premises are expected to follow the Health and Safety Policies of the host and with regard to the safety of Company employees, their own personal safety (and that of other parties such as the general public if appropriate) and their method of work. This responsibility will be included in contracts or working arrangements.
- VISITORS AND MEMBERS OF THE PUBLIC
- The Company wishes to ensure that as far as is reasonably practicable, the Health, Safety and Welfare of visitors to Company establishments will be of the highest standard.
- Any member of staff who notices persons acting in a way which would endanger other staff, should normally inform their Manager. If the danger is immediate, common sense must be used to give warning, call for assistance or give aid as necessary. It is equally important not to over-react to a situation.
- The Company wishes to ensure that as far as is reasonably practicable, the Health, Safety and Welfare of Contractors working in the Company's establishments will be of the highest standards. In addition, Contractors and their employees have an obligation so far as is reasonably practicable to ensure all equipment, materials and premises under their control are safe and without risks to health.
- Contractors must also observe the Company's Fire Safety Procedures. These obligations will be drawn to the attention of the Contractors in the contract document issued to them. In addition a Company Manager will be identified in the contract as having authority to stop the work of Contractors who are placing themselves, other staff, or visitors at risk. Any member of staff who judges there is a risk where contractors are working, should inform their Manager immediately.
- In tendering, Contractors will be asked to confirm they have a written Health, Safety and Welfare Policy. The Company's Manager letting the Contract will be responsible for monitoring the Health and Safety performance of the Contractor and the Contractor's performance will be a factor in deciding whether or not to invite the Contractor to tender again.
STANDARD TERMS AND CONDITIONS OF BUSINESS
These terms and conditions set out the general terms under which we undertake our business. The specific conditions relating to particular assignments will be covered in a separate letter/letters of engagement.
This engagement letter, the schedule of services and our standard terms and conditions of business are governed by, and should be construed in accordance with, English law/Scots law/other jurisdiction. Each party agrees that the Courts of English law/Scots law/other jurisdiction 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 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.
Authorisation and registration
Insert your firm's name are registered with the Association of Chartered Certified Accountants as chartered certified accountants and can be found on the register of members at http://members.accaglobal.com/en/find-an-accountant.
We are registered as auditors by the ACCA in the UK and details of our registration can be found at www.auditregister.org.uk under registration number Insert registration number or at http://members.accaglobal.com/en/find-an-accountant.
Bribery Act 2010
In accordance with the requirements of the Bribery Act 2010 we have policies and procedures in place to prevent the business and its partners and staff from offering or receiving bribes.
Commissions or other benefits
In some circumstances, commissions or other benefits may become payable to us in respect of transactions which we arrange for you. Where this happens we will notify you in writing of the amount and terms of payment. The same will apply where the payment is made to or transactions are arranged by a person or business connected with ours. We will/will not reduce the fees we would otherwise charge by the amount of the commissions or benefits. When we reduce the fees that we would otherwise charge by the amount of commission retained, we will apply the concession which allows VAT to be calculated on the net fee after deduction of the commission.
You agree that we can retain any commission or other benefits without being liable to you for any such amounts.
Unless you instruct us otherwise we may, where appropriate, communicate with you and with third parties via email or by other electronic means. The recipient is responsible for virus checking emails and any attachments.
With electronic communication there is a risk of non-receipt, delayed receipt, inadvertent misdirection or interception by third parties. We use virus-scanning software to reduce the risk of viruses and similar damaging items being transmitted through emails or electronic storage devices. However, electronic communication is not totally secure and we cannot be held responsible for damage or loss caused by viruses nor for communications which are corrupted or altered after despatch. Nor can we accept any liability for problems or accidental errors relating to this means of communication especially in relation to commercially sensitive material. These are risks you must bear in return for greater efficiency and lower costs. If you do not wish to accept these risks please let us know and we will communicate by paper mail, other than where electronic submission is mandatory.
Any communication by us with you sent through the post or DX system is deemed to arrive at your postal address two working days after the day that the document was sent.
Communication between us is confidential and we shall take all reasonable steps to keep confidential your information except where we are required to disclose it by law, by regulatory bodies, by our insurers or as part of an external peer review. Unless we are authorised by you to disclose information on your behalf this undertaking will apply during and after this engagement.
We may, on occasions, subcontract work on your affairs to other tax or accounting professionals. The subcontractors will be bound by our client confidentiality terms.
We reserve the right, for the purpose of promotional activity, training or for other business purpose, to mention that you are a client. As stated above we will not disclose any confidential information.
Conflicts of interest
We will inform you if we become aware of any conflict of interest which could impact on our relationship with you. Where conflicts are identified which cannot be managed in a way that protects your interests then we regret that we may be unable to provide further services.
If there is a conflict of interest that is capable of being addressed successfully by the adoption of suitable safeguards to protect your interests then we will adopt those safeguards. Safeguards may include measures such as separate teams, physical separation of teams, and separate arrangements for storage of and access to information. Where possible this will be done on the basis of your informed consent.
We reserve the right to act for other clients whose interests are not the same as or are adverse to yours, subject of course to the obligations of confidentiality referred to above.
If, during the provision of professional services to you, you need advice or services on areas from us that fall within Consumer Credit activity, we may have to refer you to someone who is authorised by the Financial Conduct Authority (FCA) as we are not authorised to undertake this activity.
Data Protection Act 1998
We confirm that we will comply with the provisions of the Data Protection Act 1998 when processing personal data about you and your family. In order to carry out the services of this engagement and for related purposes such as updating and enhancing our client records, analysis for management purposes and statutory returns, legal and regulatory compliance and crime prevention we may obtain, process, use and disclose personal data about you. You shall ensure that any disclosure of personal data to us complies with the DPA.
We shall use appropriate technical and organisational measures to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data. We shall not sub-contract any processing of personal data unless the sub-contractor has agreed that the personal data continues to be subject to an appropriate level of protection. To the extent we act as data processor for you, we shall only process personal data in accordance with your instructions.
We shall answer your reasonable enquiries to enable you to monitor compliance with this clause.
Should we resign or be requested to resign a disengagement letter will normally be issued to ensure that our respective responsibilities are clear.
Should we have no contact with you for a period of 6 months or more we may issue a disengagement letter and hence cease to act.
Our fees may depend not only upon the time spent on your affairs but also on the level of skill and responsibility and the importance and value of the advice that we provide, as well as the level of risk.
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 that will be the case.
Where requested we may indicate a fixed fee for the provision of specific services or an indicative range of fees for a particular assignment. It is not our practice to identify fixed fees for more than a year ahead as such fee quotes need to be reviewed in the light of events. If it becomes apparent to us, due to unforeseen circumstances, that a fee quote is inadequate, we reserve the right to notify you of a revised figure or range and to seek your agreement thereto.
In some cases, you may be entitled to assistance with your professional fees, particularly in relation to any investigation into your tax affairs by HMRC. Assistance may be provided through insurance policies you hold or via membership of a professional or trade body. Other than where such assurance was arranged through us you will need to advise us of any such insurance cover that you have. You will remain liable for our fees regardless of whether all or part are liable to be paid by your insurers.
Our normal hourly rates are set out below. These will be increased annually, but any increases will be agreed in advance.
We will bill monthly and our invoices are due for payment within 30 days. 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.
We reserve the right to charge interest on late paid invoices at the rate of 5% above bank base rates under the Late Payment of Commercial Debts (Interest) Act 1998. We also reserve the right to suspend our services or to cease to act for you on giving written notice if payment of any fees is unduly delayed. We intend to exercise these rights only where it is fair and reasonable to do so.
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.
In the case of a dispute over the level of fees charged we reserve the right to require that the matter is dealt with through arbitration. We recommend that arbitration is undertaken by the fee arbitration service provided by ACCA for members. The fee arbitrator will be appointed by the ACCA president; the fee will be as negotiated with the ACCA arbitrator.
We will only assist with implementation of our advice if specifically instructed and agreed in writing.
Intellectual property rights
We will retain all copyright in any document prepared by us during the course of carrying out the engagement save where the law specifically provides otherwise.
If any provision of this engagement letter, schedules of services or standard terms and conditions is held to be void, then that provision will be deemed not to form part of this contract and the remainder of this agreement shall be interpreted as if such provision had never been inserted.
In the event of any conflict between these terms of business and the engagement letter or appendices, the relevant provision in the engagement letter or schedules will take precedence.
If we become aware of a dispute between the parties who own or are in some way involved in the ownership and management of the business, it should be noted that our client is the business and we would not provide information or services to one party without the express knowledge and permission of all parties. Unless otherwise agreed by all parties we will continue to supply information to the insert location for the attention of the insert individuals. If conflicting advice, information or instructions are received from different insert details e.g. directors in the business we will refer the matter back to the insert details e.g. board of directors and take no further action until the insert details e.g. board of directors has agreed the action to be taken.
Investment business is regulated under the Financial Services and Markets Act 2000 and the Financial Services Act 2012.
If, during the provision of professional services to you, you need advice on investments, including insurances, we may have to refer you to someone who is authorised by the Financial Conduct Authority or the Prudential Regulation Authority or licensed by a Designated Professional Body as we are not authorised to give such advice.
In so far as permitted to do so by law or professional guidelines, we reserve the right to exercise a lien over all funds, documents and records in our possession relating to all engagements for you until all outstanding fees and disbursements are paid in full.
Limitation of liability
We will provide our services with reasonable care and skill. Our liability to you is limited to losses, damages, costs and expenses caused by our negligence or wilful default.
Exclusion of liability for loss caused by others
We will not be liable if such losses, penalties, surcharges, interest or additional tax liabilities are due to the acts or omissions of any other person or due to the provision to us of incomplete, misleading or false information or if they are due to a failure to act on our advice or a failure to provide us with relevant information.
Exclusion of liability in relation to circumstances beyond our control
We will not be liable to you for any delay or failure to perform our obligations under this engagement letter if the delay or failure is caused by circumstances outside our reasonable control.
Exclusion of liability relating to the discovery of fraud, etc.
We will not be responsible or liable for any loss, damage or expense incurred or sustained if information material to the service we are providing is withheld or concealed from us or wrongly misrepresented to us or from fraudulent acts, misrepresentation or wilful default on the part of any party to the transaction and their directors, officers, employees, agents or advisers.
This exclusion shall not apply where such misrepresentation, withholding or concealment is or should (in carrying out the procedures which we have agreed to perform with reasonable care and skill) have been evident to us without further enquiry.
Indemnity for unauthorised disclosure
You agree to indemnify us and our agents in respect of any claim (including any claim for negligence) arising out of any unauthorised disclosure of our advice and opinions, whether in writing or otherwise. This indemnity will extend to the cost of defending any such claim, including payment at our usual rates for the time that we spend in defending it.
Limitation of aggregate liability
Where the engagement letter specifies an aggregate limit of liability, then that sum shall be the maximum aggregate liability of this firm/company, its partners/directors agents and employees to all persons to whom the engagement letter is addressed and also any other person that we have agreed with you may rely on our work. By signing the engagement letter, you agree that you have given proper consideration to this limit and accept that it is reasonable in all the circumstances. If you do not wish to accept it you should contact us to discuss it before signing the engagement letter.
You have agreed that you will not bring any claim of a kind that is included within the subject of the limit against any of our principals/ directors/members or employees; on a personal basis.
Limitation of Third Party Rights
The advice and information we provide to you as part of our service is for your sole use and not for any third party to whom you may communicate it unless we have expressly agreed in the engagement letter that a specified third party may rely on our work. We accept no responsibility to third parties, including any group company to whom the engagement letter is not addressed, for any advice, information or material produced as part of our work for you which you make available to them. It may not be used or relied upon for any other purpose or by any other person other than you without our prior written consent. A party to this agreement is the only person who has the right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.
If our advice is disclosed to any third party (with or without our consent), then we accept no responsibility or liability to that third party for any consequences that may arise to them, should they rely on the advice.
If it is proposed that any documents or statement which refer to our name are to be circulated to third parties, please consult us before they are issued.
Money Laundering Regulations 2007
In accordance with the Proceeds of Crime Act and Money Laundering Regulations 2007 you agree to waive your right to confidentiality to the extent of any report made, document provided or information disclosed to the National Crime Agency (NCA).
You also acknowledge that we are required to report directly to the NCA without prior reference to you or your representatives if during the course of undertaking any assignment the person undertaking the role of Money Laundering Reporting Officer becomes suspicious of money laundering.
As with other professional services firms, we are required to identify our clients for the purposes of the UK anti-money laundering legislation. We may request from you, and retain, such information and documentation as we require for these purposes and/or make searches of appropriate databases. If we are not able to obtain satisfactory evidence of your identity, we will not be able to proceed with the engagement.
Copies of such records will be maintained by us for a period of at least five years after we cease to act for the business.
We shall not be treated as having notice, for the purposes of our audit/accounts/tax responsibilities, of information provided to members of our firm other than those engaged on the specific assignment (for example, information provided in connection with accounting, taxation and other services).
Period of engagement and termination
Unless otherwise agreed in the engagement covering letter our work will begin when we receive your implicit or explicit acceptance of that letter. Except as stated in that letter we will not be responsible for periods before that date.
Each of us may terminate this agreement by giving not less than 30 days notice in writing to the other party except where you fail to cooperate with us or we have reason to believe that you have provided us or HMRC with misleading information, in which case we may terminate this agreement immediately. Termination will be without prejudice to any rights that may have accrued to either of us prior to termination.
In the event of termination of this contract, we will endeavour to agree with you the arrangements for the completion of work in progress at that time, unless we are required for legal or regulatory reasons to cease work immediately. In that event, we shall not be required to carry out further work and shall not be responsible or liable for any consequences arising from termination.
Professional rules and statutory obligations
We will observe and act in accordance with the by-laws, regulations and ethical guidelines of the Association of Chartered Certified Accountants (ACCA) and will accept instructions to act for you on this basis. In particular, you give us the authority to correct errors made by HMRC where we become aware of them. We will not be liable for any loss, damage or cost arising from our compliance with statutory or regulatory obligations. You can see copies of these requirements at our offices. The requirements are also available online at www.accaglobal.com/en.html.
Provision of Services Regulations 2009
In accordance with our professional body rules we are required to hold professional indemnity insurance. Details about the insurer and coverage can be found at www.academyadvisory.com or at our offices.
As part of our ongoing commitment to providing a quality service, our files are periodically reviewed by an independent regulatory or quality control body. These reviewers are highly experienced and professional people and, of course, are bound by the same rules for confidentiality as our principal’s and staff.
Quality of service
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 that you are receiving please let us know by contacting Chris Whiting.
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 your complaint to your satisfaction you may take up the matter with the Association of Chartered Certified Accountants. This should be done promptly and in any event no later than 6 months after exhausting our procedures.
Should ACCA consider a complaint appropriate for conciliation, it is competent to offer alternative dispute resolution through its Conciliation Service. ACCA’s website address is www.accaglobal.com. Please note that, under the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) conciliation process we are not obliged to submit to ACCA’s conciliation process.
Reliance on advice
We will endeavour to record all advice on important matters in writing. Advice given orally is not intended to be relied upon unless confirmed in writing. Therefore, if we provide oral advice (for example during the course of a meeting or a telephone conversation) and you wish to be able to rely on that advice, you must ask for the advice to be confirmed by us in writing.
Retention of papers
You have a legal responsibility to retain documents and records relevant to your tax affairs. During the course of our work we may collect information from you and others relevant to your affairs. We will return any original documents to you if requested. Documents and records relevant to your affairs are required by law to be retained as follows:
Individuals, trustees and partnerships
- with trading or rental income: 5 years and 10 months after the end of the tax year;
- otherwise: 22 months after the end of the tax year;
Companies, LLPs and other corporate entities
- 6 years from the end of the accounting period;
Whilst certain documents may legally belong to you we may destroy correspondence and other papers that we store, electronically or otherwise, which are more than 7 years old. You must tell us if you require the return or retention of any specific documents for a longer period.
The services we undertake to perform for you will be carried out on a timescale to be determined between us on an ongoing basis.
The timing of our work will in any event be dependent on the prompt supply of all information and documentation as and when required by us.