Terms & Conditions – MT Cloud Accounting

This is a statement of the terms and conditions of practice for Moore Thompson, Chartered Accountants and Registered Auditors and should be read in conjunction with your letter of engagement setting out the basis on which we are engaged and the respective responsibilities of the clients and ourselves. If you require this statement in larger text then please contact us accordingly.

Retention of and access to records
1. During the course of our work we will collect information from you and others acting on your behalf and will return any original documents to you following the preparation of your accounts and returns.
2. Whilst certain documents may legally belong to you, we intend to destroy correspondence and other papers that we store which are more than seven years old, other than documents which we consider to be of continuing significance. If you require retention of any document you must notify us of that fact in writing.
Confidentiality
Where you give us confidential information, we confirm that we shall at all times keep it confidential, other than as required by law or as provided for in regulatory, ethical or other professional statements relevant to our engagement.
Investment business services
1. As part of the continuing professional services detailed in this letter, we may periodically be asked for, and give, investment advice which is an incidental part of those other services. Whilst this firm is not authorised under the Financial Services and Markets Act 2000 by the Financial Conduct Authority to conduct Investment Business, we are licensed by the Institute of Chartered Accountants in England and Wales, which is a Designated Professional Body under the Financial Services and Markets Act 2000 to provide certain limited investment services where these are complementary to, or arise out of, the professional services we are providing to you.
2. Specialist Financial Services advice will be provided by MT Financial Management Limited (MTFM), a company owned by the partners of Moore Thompson. MTFM is authorised to conduct investment business by the Financial Conduct Authority (FCA). Advice may be provided on all types of investment business including life and pension products, collective investment schemes and unit/investment trusts. MTFM will advise you of any commissions received or receivable in connection with any services performed for you. Any commissions received following the arrangement of investments is retained for the benefit of MTFM. MTFM reserves the right to share this commission with any other professional connections at its discretion.
3. Where the services of MTFM are requested, it is an implied condition that there is freedom of movement between ourselves and MTFM with regard to any information held by either party that may relate to the functions of the other; permission to supply such information is granted on signing this letter.
4. In the unlikely event that we cannot meet our liabilities to you, you may be able to claim compensation under the Chartered Accountants’ Compensation Scheme.
Credit-related services
1. We are regulated by the Institute of Chartered Accountants in England and Wales to provide certain credit-related services where these are complementary to or arise out of the professional services we are providing to you. Such services may include credit agreements for the payment of our fees. If, during the provision of professional services to you, you need advice beyond what we are permitted to do, we may have to refer you to someone who is authorised by the Financial Conduct Authority, as we are not so regulated.
Applicable law
1. This engagement letter 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 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.
2. Persons who are 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.
3. The advice we give you is for your sole use and is confidential to you and will not constitute advice for any third party to whom you may communicate it. We will accept no responsibility to third parties for any aspect of our professional services or work that is made available to them
External and Peer review
1. As part of our ongoing commitment to providing a quality service, our files are periodically reviewed by an independent regulatory or quality control body, in our case being the UK200 Group of Practising Chartered Accountants or the Institute of Chartered Accountants of England and Wales. These reviewers are highly experienced and professional people and, of course, are bound by the same rules for confidentiality as us.
Quality of service
1. We aim to provide you with a fully satisfactory service and your engagement partner will seek to ensure that this is so. If, however, you are unable to deal with any difficulty through him and his team please contact the managing partner.
2. 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 of course take up the matter with the Institute of Chartered Accountants in England and Wales by whom we are regulated.
Professional rules and practice guidelines
We will observe and act in accordance with the bye-laws, regulations and Code of Ethics of the Institute of Chartered Accountants in England and Wales and 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 in our offices. The requirements are also available on the internet at www.icaew.com/regulations.
Conflicts of interest
1. We reserve the right during our engagement with you to deliver services to other clients whose interests might compete with yours or are or may be adverse to yours, subject to our confidentiality clause. We confirm that we will notify you immediately should we become aware of any conflict of interest involving us and affecting the company.
2. If a conflict of interest should arise, either between two or more of our clients, or in the provision of multiple services to a single client, we will take such steps as are necessary to deal with the conflict. In resolving the conflict, we would be guided by our Code of Ethics which can be viewed on the internet at the address above, in section 3, sub-section 220.
Electronic communication
1. 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 e-mail without obtaining written confirmation of it. We do not accept responsibility for any errors or problems that may arise through the use of internet communication and all risks connected with sending commercially sensitive information relating to your business are borne by you. If you do not agree to accept this risk, you should notify us in writing that e-mail is not an acceptable means of communication.
2. It is the responsibility of the recipient to carry out a virus check on any attachments received.
Fees
1. Our fees are computed on the basis of the time spent on your affairs by the partners and our staff and on the levels of skill and responsibility involved. Unless otherwise agreed, our fees will be billed at appropriate intervals during the course of the year and will be due on presentation.
2. If it is necessary to carry out work outside the responsibilities outlined in this letter it will involve additional fees. Accordingly we would like to point out that it is in your interests to ensure that your records etc., are completed to the agreed stage.
3. It is our normal practice to request that clients make arrangements to pay a proportion of their fee on a monthly standing order. These standing orders will be applied to fees arising from work agreed in this letter of engagement for the current and ensuing years. Once we have been able to assess the amount of work and time involved we would be grateful if you would agree to pay an amount to us on a regular basis.
4. Our terms relating to payment of amounts invoiced and not covered by standing orders, where appropriate, are strictly 30 days net.
Proceeds of Crime Act 2002 and the Money Laundering Regulations 2017
In common with all accountancy and legal practices, we are required by the Proceeds of Crime Act 2002 and the Money Laundering Regulations 2017 to have due diligence procedures for the identification of all clients; to maintain appropriate records of evidence to support customer due diligence; and to report in accordance with the relevant legislation and regulations.
The Provision of Services Regulations 2009
1. We are registered to carry on audit work in the UK by the Institute of Chartered Accountants in England and Wales. Details of our audit registration can be viewed at www.auditregister.org.uk under reference number C005307636.
2. Our professional indemnity insurer are Chubb European Group SE of 100 Leadenhall Street, London EC3A 3BP and Folgate Insurance Company Limited & London Company Insurers &/or Lloyds or Liberty Mutual Insurance Europe SE of 80 Leadenhall Street, London, EC3A 3DH. The territorial coverage is worldwide excluding professional business carried out from an office in the United States of America or Canada and excludes any action for a claim brought in any court in the United States or Canada.
Client monies
1. We may, from time to time, hold money on your behalf. Such money will be held in trust in a client bank account, which is segregated from the firm’s funds. The account will be operated, and all funds dealt with, in accordance with the Clients’ Money Regulations of the Institute of Chartered Accountants in England and Wales. This account does not accrue interest.
2. If the total sum of money held on your behalf exceeds £10,000 for a period of more than 30 days, or such sum is likely to be held for more than 30 days, then the money will be placed in a separate interest-bearing client bank account designated to you. All interest earned on such money will be paid to you. Subject to any tax legislation, interest will be paid gross
3. We will return monies held on your behalf promptly as soon as there is no longer any reason to retain those funds. If any funds remain in our client account that are unclaimed and the client to which they relate has remained untraced for five years or we as a firm cease to practise then we may pay those monies to a registered charity.