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TERMS OF BUSINESS
(UPDATED MARCH 2023)

The following terms of business apply to all engagements accepted by Karia Accountants Ltd. All work is carried out under these terms except where changes are expressly agreed in writing.

1. APPLICABLE LAW

  • Our engagement letter, the schedules of services and our standard terms and conditions of business are governed by, and should be construed in accordance with English law. Each party agrees that the courts of [England] will have exclusive jurisdiction in relation to any claim, dispute or difference concerning this engagement letter and any matter arising from it on any basis. 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.

  • We will not accept responsibility if you act on advice previously given by us without first confirming with us that the advice is still valid in light of any change in the law or in your circumstances. We will accept no liability for losses arising from changes in the law, or the interpretation thereof, that occur after the date on which the advice is give.

2. CLIENT IDENTIFICATION

  • 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. We normally use Equifax, or Verify to confirm our clients identity online, along with obtaining photo ID and proof of address.

  • 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. We normally use Equifax, or Verify to confirm our clients identity online, along with obtaining photo ID and proof of address.

3. CLIENTS’ MONEY

  • We do not hold clients money on behalf of clients. We also do not receive repayments from HMRC on behalf of our clients. We also do not intend on holding money on behalf of our clients.

4. COMMISSIONS OR OTHER BENEFITS

  • In some circumstances, we may receive commissions or other benefits for introductions to other professionals or in respect of transactions which we arrange for you.

  • If this happens, we will notify you in writing within 30 days of the amount and terms of payment and receipt of any such commissions or benefits. The same will apply if the payment is made to, or the transactions are arranged by one of our associates.

  • The fees you would otherwise pay will not be reduced by the amount of the commissions or benefits. You agree that we or our associates can retain the commission or other benefits without being liable to account to you for any such amounts.

 

  • The following are examples of likely commissions that may be received and the likely amounts. These are examples only, and may not cover all receipts in the future.
     

          Provided service: Professional Indemnity Insurance/ Public Liability Insurance Cover

          Name or type of firm paying commission: QDOS

          Basis of commission: Variable

          Rate of commission: 10%

          Frequency: [One-off]

    

  • If in the future, abnormally large commissions (for example more than [double] the largest amount in 4.3) are received which were not envisaged when the engagement letter was signed, we will obtain specific consent to the retention of those commissions.

  • We may refer you to mortgage advice from a third party service provider, however, we will not be receiving any commission or introducer fees on such services that you may choose to take up. Any advice our clients receive is independent of Karia Accountants Ltd, and we do not deem any responsibility or liability on advice from a third party provider.

5. CONFIDENTIALITY

  • Unless we are authorised by you to disclose information on your behalf, we confirm that if you give us confidential information we will, at all times during and after this engagement, keep it confidential, except as required by law or as provided for in regulatory, ethical or other professional pronouncements applicable to us or our engagement.

  • You agree that, if we act for other clients who are or who become your competitors, to comply with our duty of confidentiality it will be sufficient for us to take such steps as we think appropriate to preserve the confidentiality of information given to us by you, both during and after this engagement. These may include taking the same or similar steps as we take in respect of the confidentiality of our own information.

  • In addition, if we act for other clients whose interests are or may be adverse to yours, we will manage the conflict by implementing additional safeguards to preserve confidentiality. Safeguards may include measures such as separate teams, physical separation of teams, and separate arrangements for storage of, and access to, information.

  • You agree that the effective implementation of such steps or safeguards as described above will provide adequate measures to avoid any real risk of confidentiality being impaired.

  • 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

  • If we use external or cloud based systems such as Quickbooks or Xero, we will ensure confidentiality of your information is maintained to the extent of our control. We cannot deem any responsibility for data breaches from these third party providers.

  • This applies in addition to our obligations on data protection in section [7]

6. CONFLICTS OF INTEREST

  • We will inform you if we become aware of any conflict of interest in our relationship with you or in our relationship with you and another client, unless we are unable to do so because of our confidentiality obligations. [We have safeguards that can be implemented to protect the interests of different clients if a conflict arises.] If conflicts are identified which cannot be managed in a way that protects your interests, we regret that we will 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, we will adopt those safeguards. In resolving the conflict, we would be guided by ICAEW’s Code of Ethics, which can be viewed at com/en/membership/regulations-standards-and-guidance/ethics. During and after our engagement, you agree that we reserve the right to act for other clients whose interests are or may compete with or be adverse to yours, subject, of course, to our obligations of confidentiality and the safeguards set out in the paragraph on confidentiality above.

7. DATA PROTECTION​

  • In this clause [7], the following definitions shall apply:

‘client personal data’ means any personal data provided to us by you, or on your behalf, for the purpose of providing our services to you, pursuant to our engagement letter with you;

‘data protection legislation’ means all applicable privacy and data protection legislation and regulations including PECR, the GDPR and any applicable national laws, regulations and secondary legislation in the UK relating to the processing of personal data and the privacy of electronic communications, as amended, replaced or updated from time to time;

‘controller’, ‘data subject’, ‘personal data’, and ‘process’ shall have the meanings given to them in the data protection legislation;

‘GDPR’ means the General Data Protection Regulation ((EU) 2016/679); and

‘PECR’ means the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003).

  • We shall each be considered an independent data controller in relation to the client personal data. Each of us will comply with all requirements and obligations applicable to us under the data protection legislation in respect of the client personal data.

  • You shall only disclose client personal data to us where:

  1. you have provided the necessary information to the relevant data subjects regarding its use (and you may use or refer to our privacy notice available at https://www.kariaaccountants.com/privacy-policy/for this purpose);

  2. you have a lawful basis upon which to do so, which, in the absence of any other lawful basis, shall be with the relevant data subject’s consent; and

  3. you have complied with the necessary requirements under the data protection legislation to enable you to do so.

  • Should you require any further details regarding our treatment of personal data, please contact our data protection officer Hinal Karia on 01332 492101

  • We shall only process the client personal data:

  1. in order to provide our services to you and perform any other obligations in accordance with our engagement with you;

  2. in order to comply with our legal or regulatory obligations; and

  3. where it is necessary for the purposes of our legitimate interests and those interests are not overridden by the data subjects’ own privacy rights. Our privacy notice (https://www.kariaaccountants.com/privacy-policy) contains further details as to how we may process client personal data.

  • For the purpose of providing our services to you, we may disclose the client personal data to [members of our firm’s network,] our regulatory bodies or other third parties (for example, our professional advisors or service providers). [The third parties to whom we disclose such personal data may be located outside of the European Economic Area (EEA).*] We will only disclose client personal data to a third party (including a third party outside of the EEA) provided that the transfer is undertaken in compliance with the data protection legislation.

 

  • We may disclose the client personal data to other third parties in the context of a possible sale, merger, restructuring or financing of or investment in our business. In this event we will take appropriate measures to ensure that the security of the client personal data continues to be ensured in accordance with data protection legislation. If a change happens to our business, then the new owners may use our client personal data in the same way as set out in these terms

  • [We shall maintain commercially reasonable and appropriate security measures, including administrative, physical and technical safeguards, to protect against unauthorised or unlawful processing of the client personal data and against accidental loss or destruction of, or damage to, the client personal data.

  • In respect of the client personal data, provided that we are legally permitted to do so, we shall promptly notify you in the event that:

(a) we receive a request, complaint or any adverse correspondence from or on behalf of a relevant data subject, to exercise their data subject rights under the data protection legislation or in respect of our processing of their personal data;

(b) we are served with an information, enforcement or assessment notice (or any similar notices), or receive any other material communication in respect of our processing of the client personal data from a supervisory authority as defined in the data protection legislation (for example in the UK, the Information Commissioner’s Officer); or

(c) we reasonably believe that there has been any incident which resulted in the accidental or unauthorised access to, or destruction, loss, unauthorised disclosure or alteration of, the client personal data.

  • [Upon the reasonable request of the other, we shall each co-operate with the other and take such reasonable commercial steps or provide such information as is necessary to enable each of us to comply with the data protection legislation in respect of the services provided to you in accordance with our engagement letter with you in relation to those services.

 

7. DISENGAGEMENT

  • If we have no contact with you for a period of 3 months or more, or you do not respond to us via email, or call us back, we may assume that you no longer require our services and we will cease to act for you on our behalf. Your accountancy and tax affairs will be your own responsibility and we will not take any responsibility or liability in the late submission of your; Company Accounts, Corporation Tax Returns, Payroll submissions, VAT Returns, Confirmation Statements, Capitals Gains Tax Returns, and any other accountancy or tax affairs. We urge you to take personal responsibility and respond to Karia Accountants Ltd and reach out to us on a timely basis so we can assist you with your affairs.

8. ELECTRONIC AND OTHER COMMUNICATION

  • Unless you instruct us otherwise, we may, if appropriate, communicate with you and with third parties by email or 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 in emails or by electronic storage devices. Nevertheless, electronic communication is not totally secure and we cannot be held responsible for damage or loss caused by viruses or 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 when electronic submission is mandatory.

  • Any communication by us with you sent through the postal [or DX] system is deemed to arrive at your postal address two working days after the day the document was sent.

9. FEES AND PAYMENT TERMS

  • 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 we provide, as well as the level of risk.

  • If we provide you with an estimate of our fees for any specific work, the estimate will not be contractually binding unless we explicitly state that will be the case. Otherwise, our fees will be calculated on the basis of the hours worked by each member of staff necessarily engaged on your affairs, multiplied by their charge-out rate per hour, Indicative hourly charge-out rates are as follows:

  • Director £320 plus VAT per hour

  • If 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 insurance was arranged through us, you will need to advise us of any such insurance cover you have. You will remain liable for our fees regardless of whether all or part are liable to be paid by your insurers.

  • We will bill Monthly and our invoices will be due for payment upon presentation within 7 days of issue. 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.

  • Unless otherwise agreed to the contrary, our fees do not include the costs of any third party, counsel or other professional fees. If these costs are incurred to fulfil our engagement, such necessary additional charges may be payable by you.

  • It is our normal practice to issue ‘Applications for Payment’ when dealing with continuous or recurring work. The payment terms for ‘Applications for Payment’ are the same as for invoiced fees. A VAT invoice will be issued to you upon receipt of your payment if it is applicable

  • It is our normal practice to ask clients to pay by monthly direct debit and periodically to adjust the monthly payment by reference to actual billings.

  • We reserve the right to charge interest on late paid invoices at the rate of [8%] 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, having given written notice, if payment of any fees is unduly delayed. We intend to exercise these rights only if 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.

  • If a direct debit payment fails, then there will be a £12 late payment failure charge.

  • If a client company, trust or other entity is unable or unwilling to settle our fees, we reserve the right to seek payment from the individual (or parent company) giving us instructions on behalf of the client, and we shall be entitled to enforce any sums due against the group company or individual nominated to act for you.

10. HELP US TO GIVE YOU THE BEST SERVICE

  • We are committed to providing you with a high quality service that is both efficient and effective. If, at any point you would like to discuss with us how our service to you could be improved, or if you are dissatisfied with the service you are receiving, please let us know by contacting Hinal Karia at hin@kariaaccountants.com

  • We will consider carefully any complaint you may make about our service as soon as we receive it and do all we can to explain the position to you. We will acknowledge your letter within five business days of its receipt and endeavour to deal with your complaint within eight weeks.

  • If we do not answer your complaint to your satisfaction, you may, of course, take up the matter with our professional bodies; ICAEW or ACCA.

  • You will also need to send ICAEW all your documentary evidence with the complaint form. Please email your completed form and evidence to u at complaints@icaew.com. Please be aware the ICAEW member, firm or student who is the subject of the complaint will need to be shown any material relevant to the complaint if we are to use it. If you are not able to email the documents, please send your completed form and documentary evidence to:

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Professional Conduct Department
ICAEW
Metropolitan House
321 Avebury Boulevard
Milton Keynes MK9 2FZ
UK

As we are also a practising member and firm of ACCA, you can make a complaint to ACCA if we are not able to resolve your complaint. You should complete the ACCA complaint form, which can be downloaded from the ACCA website. Please complete the complaint form and send it with all supporting documentary evidence to:

Assessment Department
ACCA
The Adelphi
1-11 John Adam Street
London
WC2N 6AU

Tel: +44 (0)20 7059 5000
Fax: +44 (0)20 7059 5998
Email: complaintassessment@accaglobal.com

  • Should we be unable to resolve your complaint you may also be able to refer your complaint to an alternative dispute resolution (ADR) provider to try and reach a resolution. We will provide details of a ADR provider if we cannot resolve your complaint using our internal procedures. This is in addition to your ability to complain to ICAEW.

11. INTELLECTUAL PROPERTY RIGHTS AND USE OF OUR NAME

  • We will retain all intellectual property rights in any document prepared by us during the course of carrying out the engagement except where the law specifically states otherwise.

  • You are not permitted to use our name in any statement or document you may issue unless our prior written consent has been obtained. The only exception to this restriction would be statements or documents that, in accordance with applicable law, are to be made public.

12. INTERPRETATION

  • If any provision of our engagement letter or terms of business is held to be void, that provision will be deemed not to form part of this contract. 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.

13. INTERNAL DISPUTES WITHIN A CLIENT

  • If we become aware of a dispute between the parties who own the business or who are in some way involved in its ownership and management, 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 [registered office] [normal place of business] for the attention of the [directors] [partners] [trustees]. If conflicting advice, information or instructions are received from different [directors] [partners] [trustees] in the business, we will refer the matter back [to the board of directors] [the partnership] and take no further action until the [board] [partnership] has agreed the action to be taken.

14. INVESTMENT ADVICE (INCLUDING INSURANCE DISTRIBUTION SERVICES)

  • Investment business is regulated by the Financial Services and Markets Act 2000. 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 licensed by a Designated Professional Body], as we are not.

15. LIEN

  • Insofar as we are permitted to so by law or by 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.

16. 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. A party to this agreement is the only person who has the right to enforce any of its terms, and no rights or benefits are conferred on any third party under the Contracts (Rights of Third Parties) Act 1999.

17. PERIOD OF ENGAGEMENT AND TERMINATION

  • Unless otherwise agreed in our engagement letter, our work will begin when we receive 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 our agreement by giving not less than 21 days’ notice in writing to the other party except if 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 before termination.

  • We reserve the right to terminate the engagement between us with immediate effect in the event of: your insolvency, bankruptcy or other arrangement being reached with creditors; an independence issue or change in the law which means we can no longer act; failure to pay our fees by the due dates; or either party being in breach of their obligations if this is not corrected within 30 days of being asked to do so.

  • In the event of termination of our 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 will not be required to carry out further work and shall not be responsible or liable for any consequences arising from termination.

18. PROFESSIONAL RULES AND STATUTORY OBLIGATIONS

  • We will observe and act in accordance with the Bye-laws, regulations and Code of Ethics of ICAEW and will accept instructions to act for you on this basis. [In particular you give us the authority to correct errors made by HMRC if 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 online at com/en/membership/regulations-standards-and-guidance.

19. QUALITY CONTROL

  • When dealing with HMRC on your behalf we are required to be honest and to take reasonable care to ensure that your returns are correct. To enable us to do this, you are required to be honest with us and to provide us with all necessary information in a timely manner. For more information about ‘Your Charter’ for your dealings with HMRC, visit gov.uk/government/publications/your-charter. To the best of our abilities, we will ensure that HMRC meet their side of the Charter in their dealings with you.

20. 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.

21. RETENTION OF PAPERS

  • You have a legal responsibility to retain documents and records relevant to your financial affairs. During the course of our work we may collect information from you and others relevant to your tax and financial affairs. We will return any original documents to you [if requested]. Documents and records relevant to your tax affairs are required by law to be retained as follows:

Individuals, trustees and partnerships:

  1. with trading or rental income: five years and 10 months after the end of the tax year

  2. otherwise: 22 months after the end of the tax year.

Companies, Limited Liability Partnerships, and other corporate entities:

  1. six years from the end of the accounting period.

  • Although certain documents may legally belong to you, we may destroy correspondence and other papers that we store electronically or otherwise that are more than [seven] years old, except documents we think may be of continuing significance. You must tell us if you wish us to keep any document for any longer period.

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22. ANTI-MONEY LAUNDERING POLICIES

23.1 Policy and procedure on due diligence 

It is our policy to undertake a whole-firm risk assessment and ensure that evidence of identity is obtained and retained as appropriate to that risk assessment for all clients.

Risks are grouped into client risk categories.

All risks, including those not within a category, will be assessed in isolation and also when grouped together. These risks will be used to assess the customer due diligence (CDD) process.

This evidence will be obtained before work is commenced on the client and when periodic reviews are undertaken (if more evidence is required then and when changes occur during the relationship with the client).

In all cases where the evidence is not available, the matter will be referred to the money laundering reporting officer (MLRO). This is Hinal Karia.

Our AML Supervisory body is ACCA. (The Association of Chartered Certified Accountants.) You can contact ACCA at AML@accaglobal.comshould you wish to raise any issues with our supervisory body. Our firm member number is 1389124.

23.2 Policy and procedure on assessing risk

 

The business will analyse the money laundering and terrorist financing (MLTF) risks it faces and make proportionate responses to them. The business will tailor its responses in proportion to its perceptions of risk, which are comprised of evidence-based decision-making to enable the business to concentrate resources on the greatest threats. The business will document this risk assessment.

The business will take the following steps:

  • identify the specific MLTF risks faced by different areas of the business and the different risk categories

  • assess the likelihood of each identified risk occurring and the impact that would have on the business

  • to reduce the level of net risk (as calculated above) to an acceptable level, consider what mitigating steps the business can take; this would include reviewing the systems and controls, and ensuring staff understand and properly apply these.

23.4 Policy and procedure on reporting

 

It is our policy to report all suspicions identified to the National Crime Agency (NCA) where required.

Policy and procedure on record keeping (client due diligence and money laundering issues only)

 

It is our policy to maintain records of identification and consideration of money laundering issues for the entire period that we act for the client and for five years after we cease to act in accordance with the regulations. If we are required to retain them under statutory obligation, or to retain them for legal proceedings, or by client consent, the records will be retained for not more than 10 years after we cease to act.

The client will be asked to give permission for the retention of copies of the documentation, which will be maintained securely.

23.5 Policy and procedure on third-party reliance

 

It is not generally our policy to give permission to a third party to rely on information obtained by us.

The business may rely on information obtained from appropriate third parties to complete all or part of the CDD. The business will have a written agreement in place with such a third party to ensure that the other party will provide the CDD documentation immediately on request.

23.6 Policy and procedure on internal control

It is our policy to facilitate adequate internal control to allow for compliance with the regulations and other appropriate legislation.

23.7 Policy and procedure on compliance management

 

It is our policy to undertake a regular compliance review to ensure that the requirements of the regulations are being followed.

23.8 Policy and procedure on communication

It is the policy of this firm to ensure that all partners and relevant employees have access to adequate training to ensure that they have the necessary knowledge of the law relating to money laundering, terrorist financing and data protection, and receive regular training in how to recognise and deal with suspicious transactions that may be related to MLTF.

23.9 Policy and procedure on training and awareness

 

All relevant employees are made aware of MLTF law and are trained regularly to recognise and deal with transactions that may be related to MLTF, as well as to identify and report anything that gives grounds for suspicion.

The business also provides anti-money laundering training to others such as sub-contractors who provide accountancy services to the business.

24. THE PROVISION OF SERVICES REGULATIONS 2009

24.1    Our professional indemnity insurer is AXA of AXA Insurance, 6thFloor, Brooke Lawrance House, Ipswich, IP1 2AN 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.

25. TIMING OF OUR SERVICES

  • If you provide us with all information and explanations on a timely basis in accordance with our requirements, we will plan to undertake the work within a reasonable period of time to meet any regulatory deadlines. However, failure to complete our services before any such regulatory deadline would not, of itself, mean that we are liable for any penalty or additional costs arising. We normally require 4 complete weeks with all data from clients with no further outstanding information in order to complete any outstanding work, unless said otherwise.

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26. Client Responsibility for Registering with Information Commissioner's Office

 

These terms and conditions ("Terms") govern your responsibility as a client ("Client") to register with the Information Commissioner's Office ("ICO") directly, as required by applicable data protection laws and regulations. By engaging in any services provided by Karia Accountants Ltd, you agree to comply with these Terms.

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  • Registration Requirement: a. As a Client utilising our services, you acknowledge and agree that you are responsible for determining whether you are required to register with the ICO under applicable data protection laws and regulations. b. You understand that certain processing activities may necessitate registration with the ICO, and it is your sole responsibility to ensure compliance with such requirements.

  • Client's Obligations: a. You agree to independently assess whether your data processing activities fall within the scope of the registration requirement set forth by the ICO. b. If it is determined that registration is necessary, you agree to promptly register with the ICO and maintain valid registration throughout the duration of our engagement. c. You understand and acknowledge that failure to register with the ICO, when required, may result in legal consequences, fines, or penalties, for which the Company shall not be liable.

  • Indemnification: a. You agree to indemnify and hold harmless the Company, its officers, directors, employees, and agents from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable solicitor's fees) arising out of or relating to your failure to register with the ICO as required under applicable data protection laws and regulations. b. This indemnification obligation shall survive the termination or expiration of our engagement.

  • Compliance with Laws: a. You agree to comply with all applicable laws, regulations, and guidelines relating to data protection, including but not limited to requirements set forth by the ICO. b. You acknowledge that the Company provides services in accordance with applicable laws and regulations, but ultimate responsibility for compliance rests with you as the Client.

  •  Amendments: a. The Company reserves the right to amend these Terms at any time without prior notice. Any amendments will be effective upon posting of the revised Terms on our website or providing notice to you through other reasonable means. b. Your continued use of our services after the effective date of any amendments constitutes your acceptance of the amended Terms.

  • Governing Law and Jurisdiction: a. These Terms shall be governed by and construed in accordance with the laws of The United Kingdom, without regard to its conflict of law principles. b. Any dispute arising out of or relating to these Terms shall be exclusively resolved by the courts of England (UK).

  • Contact Information: If you have any questions or concerns regarding these Terms, please contact Hinal Karia on 01332 492101 or email him at Hin@kariaaccountants.com.

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27. Client Responsibility for Complying with UK Pensions Auto Enrolment Law

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  • These terms and conditions ("Terms") outline your responsibility as a client ("Client") to comply with the UK Pensions Auto Enrolment Law ("Auto Enrolment Law") when engaging in any services provided by [Your Company Name] ("Company"). By utilising our services, you agree to adhere to these Terms.

  • Compliance Requirement: a. As a Client utilising our services, you acknowledge and agree that you are responsible for complying with the requirements set forth by the Auto Enrolment Law. b. You understand that the Auto Enrolment Law mandates employers to automatically enroll eligible employees into a qualifying pension scheme and to make mandatory contributions. Whilst we will assist with this if agreed in our scope of services, it will be your responsibility to provide any letters to us from The Pensions Regulator so we can advise  of the next steeps to take.

  • Client's Obligations: a. You agree to assess your status as an employer under the Auto Enrolment Law and determine your duties and responsibilities accordingly. b. If you are classified as an employer under the Auto Enrolment Law, you agree to fulfill your obligations, including but not limited to: i. Automatically enrolling eligible jobholders into a qualifying pension scheme. ii. Making mandatory contributions to the pension scheme. iii. Providing required information to employees about their rights and entitlements under the pension scheme. c. You understand and acknowledge that failure to comply with the Auto Enrolment Law may result in legal consequences, fines, or penalties, for which the Company shall not be liable.

  • Indemnification: a. You agree to indemnify and hold harmless the Company, its officers, directors, employees, and agents from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your failure to comply with the Auto Enrolment Law. b. This indemnification obligation shall survive the termination or expiration of our engagement.

  • Compliance with Laws: a. You agree to comply with all applicable laws, regulations, and guidelines, including but not limited to the Auto Enrolment Law. b. You acknowledge that the Company provides services in accordance with applicable laws and regulations, but ultimate responsibility for compliance rests with you as the Client.

  • Amendments: a. The Company reserves the right to amend these Terms at any time without prior notice. Any amendments will be effective upon posting of the revised Terms on our website or providing notice to you through other reasonable means. b. Your continued use of our services after the effective date of any amendments constitutes your acceptance of the amended Terms.

 

28. Client Responsibility for Monitoring Turnover Level for UK VAT Registration

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  • These terms and conditions ("Terms") outline your responsibility as a client ("Client") to monitor your turnover level and comply with the UK Value Added Tax (VAT) registration thresholds when engaging in any services provided by Karia Accountants Ltd ("Company"). By utilising our services, you agree to adhere to these Terms.

  • Turnover Monitoring Requirement: a. As a Client utilizing our services, you acknowledge and agree that you are responsible for monitoring your turnover level to determine whether you are required to register for VAT under the UK VAT regulations. b. You understand that VAT registration thresholds are subject to change and may vary depending on your business activities and circumstances.

  • Client's Obligations: a. You agree to regularly monitor your turnover level to assess whether it has exceeded the VAT registration threshold set forth by HM Revenue & Customs (HMRC). b. If it is determined that your turnover exceeds the applicable VAT registration threshold, you agree to promptly register for VAT or ask us to assist with HMRC and comply with all related obligations. c. You understand and acknowledge that failure to register for VAT when required may result in legal consequences, fines, or penalties, for which the Company shall not be liable.

  • Indemnification: a. You agree to indemnify and hold harmless the Company, its officers, directors, employees, and agents from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your failure to monitor your turnover level and register for VAT when required. b. This indemnification obligation shall survive the termination or expiration of our engagement.

  • Compliance with Laws: a. You agree to comply with all applicable laws, regulations, and guidelines, including but not limited to the UK VAT regulations. b. You acknowledge that the Company provides services in accordance with applicable laws and regulations, but ultimate responsibility for compliance rests with you as the Client.

  • Amendments: a. The Company reserves the right to amend these Terms at any time without prior notice. Any amendments will be effective upon posting of the revised Terms on our website or providing notice to you through other reasonable means. b. Your continued use of our services after the effective date of any amendments constitutes your acceptance of the amended Terms.

29.  Confirmation Statement Fee:

  • As per the latest updates, the annual confirmation statement fee payable to Companies House will be £40 plus VAT (£48 in total). This fee covers the administrative costs associated with filing the confirmation statement, as well as our service fee for managing the process on your behalf.

 

  • Other Charges: In addition to the confirmation statement fee, other charges may apply depending on the specific services required for your company. These charges may include registration fees for changes to company details, filing fees for annual accounts, and charges for accessing certain documents or services provided by Companies House.

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  • Link to Companies House Fees Update: You can find more information about the recent changes to Companies House fees on the following link: Changes to Companies House Fees

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30. We are committed to providing you with transparent and efficient services to ensure compliance with regulatory requirements. Our team will continue to assist you in managing your company's obligations, including the filing of the confirmation statement and any other necessary documentation.

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31 Payment Responsibilities for CIS Registered Limited Companies and Sole Traders:

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  • CIS registered Limited Companies and Sole Traders are reminded of their responsibility to provide the total sum of payments for their subcontractors and CIS withholdings by the end of the month to us in which they relate to. For example March payments  will need to be provided to us by 31st March. (i.e. the same month they relate to. It is imperative to ensure timely and accurate payment disbursements in compliance with the Construction Industry Scheme regulations. Failure to do so may result in penalties and potential legal consequences. We advise all our clients to maintain meticulous records and adhere to the prescribed deadlines to avoid any adverse repercussions.

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  • Verification of CIS Registration and UTR Numbers: CIS registered Limited Companies and Sole Traders are also responsible for ensuring they hire subcontractors who are registered for CIS and have their Unique Taxpayer Reference (UTR) numbers verified for CIS before making payments to them. Verifying subcontractors' CIS registration status and UTR numbers is essential to ensure compliance with regulatory requirements and mitigate the risk of penalties. We urge our clients to exercise due diligence in this regard and to promptly rectify any discrepancies to uphold regulatory compliance and maintain the integrity of their operations.

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32. Paying Minimum wage to employees.

 

As a client engaging in business activities within the United Kingdom, it is imperative to adhere to the legal requirements regarding minimum wage regulations. Under UK law, employers are obligated to pay their employees at least the minimum wage set forth by the government. Ensuring compliance with minimum wage laws not only upholds ethical business practices but also fosters a fair and equitable working environment for all employees. We strongly advise our clients to familiarise themselves with the current minimum wage rates and to promptly adjust their payroll practices to meet or exceed these standards. Failure to do so may result in legal consequences, including penalties and potential reputational damage. Upholding the principle of fair compensation reflects positively on your business and demonstrates your commitment to supporting the well-being of your workforce.

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33 Failed Direct Debit Payment:

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  • In the event that a client's direct debit payment fails, the client will be required to make a payment to us for £12 for each failed payment. This fee is necessary to cover our costs and administrative time associated with handling failed payments. We encourage clients to ensure that their payment methods are up-to-date and sufficient funds are available to avoid any inconvenience or additional charges.

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34. Payments by direct debits.

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  • For clients who pay on a monthly direct debit basis, it's important to understand that there are 12 monthly payments required for Karia Accountants Ltd to complete one year's worth of work as agreed in the scope of services.  Given the complexity and depth of the work involved in preparing financial accounts and corporation tax returns, it would not be financially feasible to undertake such tasks for any less than 12 months of payments. We appreciate your understanding and cooperation in adhering to this payment schedule, which enables us to provide you with comprehensive and high-quality services throughout the duration of our engagement.

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35 Non-Receipt of Fees and Performance of Work:

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  • It is important to note that we are not obliged to perform the work outlined within the scope of engagement if our fees are not received. Timely payment of fees is essential to initiate and sustain the provision of our services. Failure to remit payment may result in delays or suspension of work until payment is received. We appreciate our clients' cooperation in ensuring prompt payment, which enables us to deliver high-quality services efficiently.

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36 Services We do not provide

 

While we are committed to delivering exceptional services within our areas of expertise, there are certain services that fall outside the scope of our practice. These services include:

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  • Advice about Research and Development claims (R&D)

  • Advice about specialist Capital Allowance claims for buildings and commercial buildings

  • Section 162 Incorporation advice for portfolio landlords

  • Mortgage advice

  • Pensions Investment advice or any other type of investment advice

  • Insurance Matters

  • Legal Matters

  • Immigration Issues

  • Financial and/or Banking Advice

  • Pension Investment Advice

  • Company Liquidation

  • Overseas tax matters

 

We understand the importance of addressing your needs comprehensively; however, for services not listed above, we recommend seeking assistance from specialised professionals in those respective fields to ensure the highest level of expertise and guidance.​

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By engaging in our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you may not engage in our services.

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37. ALTERNATE ARRANGEMENTS

If for any reason, I am unable to run my practice, I have made arrangements for the continuation of services to clients. The alternate appointed by this firm is Navin Sapkota of Bright Sterling Chartered Certified Accountants.

 
 
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