Below are our full terms and conditions that apply when registering as a client. Every effort has been made to avoid the use of any legalese or jargon!
1. Agreement
1.0.1. You are appointing ASBA Accounting Ltd (Company no. 10703742) as your accountants, to represent you in all matters related to your selected services and your dealings with His Majesty’s Revenue and Customs (HMRC). This agreement is made between both parties. This agreement can only be amended or modified by a written agreement signed by both parties.
2. Confidentiality
2.0.1. We take the confidentiality of our client’s information very seriously. All accounts, statements and reports prepared by us are for your exclusive use within your business or to meet specific statutory responsibilities. They will not be shown to any third party without your prior consent.
2.0.2. You may appoint someone else to speak to us on your behalf, such as your spouse.
2.0.3. For the purposes of the General Data Protection Regulation (GDPR) (EU) 2016/679, the Data Controller in relation to personal data supplied about you is Kieran Thwaites.
3. Agreement of Terms and Cancellation
3.0.1. This agreement will remain effective from the date we receive your completed registration form, or instruct us to act for you. Either party may vary or terminate our authority to act on your behalf at any time without penalty unless cancellation is before your first month’s payment. In that instance, a £30 fee will become payable to cover our administration costs. Notice of termination must be given in writing or via email. No monthly payments will be refunded to you at any time and cannot be transferred, regardless of whether you have used our services or not, or if your year-end procedure has been performed or not.
3.0.2. These terms and conditions may change from time to time; you will be notified if there is a change.
3.0.3. We conduct our business in a respectful and friendly manner; as such, we will not tolerate abusive or threatening behaviour and language to our staff. We reserve the right to immediately terminate the contract with any client exhibiting such behaviour.
4. Payments
4.0.1. If you decide to terminate our service part way through your financial year, then no further monthly invoices will be raised from the date of your written cancellation. If you cancel part way through your financial year and would like us to complete that financial year’s work, then we would agree to either continue the monthly invoices until the end of the financial year or raise a final invoice up to the financial year-end.
4.0.2. If you register with us and we find that there is outstanding work due for previous periods, then we will contact you straight away for your instruction on whether or not you would like us to give you a quotation for the work involved. A previous period is where a period end is before the current date. For example, if today’s date were 1st May 2019 and a self-assessment was due for period 6th April 2018 to 5th April 2019, then this would be a previous period.
4.0.3. From time to time, we will increase fees in line with inflation or increasing costs.
4.0.4. Your quotation is based on the information you have provided to us about you and your business. If your business circumstances change, then we may adjust our fees to align with these changes. For example, if your business received a quotation based on a turnover bracket and this increases or decreases, then the fees will be adjusted to suit. Similarly, if you engage us for payroll and add more employees than we have quoted you for then, the fee will adjust with these changes.
4.0.5 Periodic invoices (i.e. monthly & quarterly) must be paid by standing order unless prior agreement states otherwise.
4.0.6 Due to Anti-Money Laundering Regulations, we are unable to accept payments by cash. All payments must be made by either BACS, cheque or credit card.
5. Late Payments/Defaults
5.0.1. For outstanding balances overdue by more than 90 days we reserve the right to charge interest at 8% above the base rate per annum until such a time we receive payment in full or receive correspondence from you to resolve the situation.
5.0.2. For sole traders and partnerships, the responsibility for any outstanding balances owed to us is of the business owners. For limited companies, it is the ultimate responsibility of the director(s)
6. Authorisation
6.0.1. Once we have received your registration form, we will request that an authorisation code is posted to you from HMRC. Please forward any codes received from HMRC to us as soon as possible to avoid any unnecessary delays with your work.
6.0.2. Once you are registered with us, we will perform an identity check to confirm with Anti-Money Laundering regulations. This check may involve a credit search, to which you agree to us performing. Please note: the search is a soft search and so does not affect your credit score in any way. We do not carry out this check to assess your creditworthiness.
7. Correspondence
7.0.1. We record all correspondence with clients.
8. Referral Fees
8.0.1. We make use of carefully chosen affiliates that handle extra services offered to our clients. In some instances, we may be paid referral fees from those affiliates for the work they receive from us. You agree to allow us to keep any referral fees generated.
9. Offers
9.0.1. Introductory offers apply only if you register as an ongoing client. If you cancel your service within 12 months following the period the offer relates to, then the offer will not apply, and the full price will become payable. For example, if you are offered free incorporation of your company and were to cancel our services within 12 months, then the full price of the free incorporation will become payable.
10. Your Responsibility for the Preparation of Financial Statements
10.0.1. You have undertaken to make available to us, as and when required, all the accounting records and related financial information necessary for the compilation of your accounts. You agree to make full disclosure to us of all relevant information. The accounts will be approved by you before we submit any accounts or returns to HMRC or Companies House.
10.0.2. You are responsible for ensuring that, to the best of your knowledge and belief, financial information, whether used by the business or for the accounts, is reliable. You are also responsible for ensuring that the activities of the business are conducted honestly and that its assets are safeguarded, and for establishing arrangements designed to deter fraudulent or other dishonest conduct and to detect any that occur.
10.0.3. You are responsible for ensuring that the business complies with the laws and regulations applicable to its activities, and for establishing arrangements designed to prevent any non-compliance with laws and regulations and to detect any that occur.
10.0.4. If you used an accountant before joining us as a client, then it is important that you provide us with their contact details so that we can request information from them. If we cannot acquire the information, and we need to start work for you, we may charge you an additional fee for the time spent to assemble your previous financials.
11. Our Responsibilities for the Preparation of Financial Statements
11.0.1. We will compile your annual accounts based on the accounting records and the information and explanations given to us by you. We shall prepare accounts to be approved by you before any returns are submitted.
11.0.2. We will advise you as to the adequacy of your records for preparation of the annual accounts and make recommendations for improvements which we consider necessary. We shall not be responsible if, as a result of you not taking our advice, you incur losses or penalties.
11.0.3. We will act diligently to produce financial statements which accurately reflect the information supplied by you regarding your business affairs but will not be responsible for errors arising from incorrect information supplied by you.
11.0.4. Any liability resulting from errors in the preparation of accounts, tax returns or any other work carried out is limited to the fee we charge for completing that work.
11.0.5. We have a professional duty to compile accounts which conform to generally accepted accounting principles.
11.0.6. If you require us to complete additional work which is outside of the services included in your chosen package, then we would charge an additional fee appropriate to the work involved and will be agreed by both parties prior to any work being undertaken.
11.0.7. If we have any records belonging to you after your year-end procedures have been completed, these will need to be collected. If we have retained any records on your instruction, then they will be automatically destroyed after 7 years.
11.0.8. ASBA Accounting Ltd has a legal obligation to adhere to all civil and criminal legislation currently in force.
11.0.9. We will provide our professional services with reasonable care and skill and will always make every effort to ensure you meet the relevant deadlines. However, we will not be responsible for any losses, penalties, surcharges, interest or additional tax liabilities due to HMRC, Companies House or any other organisation under any circumstances. We will, however, take individual circumstances into consideration and may contribute to penalties at the discretion of the management.
12. VAT
12.0.1. ASBA Accounting Ltd’s VAT registration number is 318 5898 57.
13. Professional Indemnity Insurance
13.0.1. Professional Indemnity Insurance for ASBA Accounting Ltd is provided by HCC International Insurance Company PLC (registered no. 01575839) 1 Aldgate, London, EC3N 1RE.
14. Accounts/Returns
14.0.1. We will act on your behalf for all of your businesses accounting and taxation affairs from the date you instruct us to work for you.
14.0.2. We will prepare the accounts and tax return based on the records and other information and explanations provided by you.
14.0.3. Your approval will be required before we submit any accounts or returns to Companies House or HMRC.
14.0.4. We will advise you as to the amounts of tax to be paid and the dates by which you should make the payments.
14.0.5. If after we complete your accounts/tax return, you should request amendments to be made to work already completed, then a quotation will be given to you for the additional work involved. We will deal with HMRC regarding any amendments required to your return and prepare any amended returns which may be required.
14.0.6. We will undertake all correspondence with HMRC on your behalf unless instructed otherwise by you.
14.0.7. It is important that you forward your records to us in good time before any deadlines. We will send out frequent reminders from the date of your financial year-end so that you know that we require your records.
14.0.8. HMRC investigates a proportion of the tax returns submitted each year. Businesses are selected either at random or because submitted figures look incorrect. As long as your service with us remains active, we will represent you during an investigation.
14.0.9. You agree that we can approach such third parties as may be appropriate for information that we consider necessary to deal with your affairs.
14.1.0. We are general accountants and small business tax specialists, and we are able to cater for the vast majority of accounts/tax requirements a small business may have. Where we do not have the relevant skills/expertise, we will always endeavour to consult with affiliates for assistance. Such specialists may charge a fee for these services.
14.1.1 Only upon receipt of written confirmation and full payment will the Tax Return and/or accounts be submitted.
15. VAT Returns (where applicable)
15.0.1. We will be able to act on your behalf for all of your businesses VAT affairs from the date you instruct us to work for you.
15.0.2. When requested, we will send the VAT return to you for your approval before it is submitted to HMRC.
15.0.3. We will advise you as to amounts of VAT to be paid (or repaid to you) and the dates by which you should make any payments.
15.0.4. We will undertake all correspondence with HMRC on your behalf unless instructed to do otherwise by you.
15.0.5. Please ensure all supplies made by the business are shown in the records made available to us. It should be understood that our appointment as your agent does not absolve your business from its statutory responsibilities. We would draw your attention to the strict rules and time limits for the submission of such returns and the substantial penalties which may arise if these are not observed. It is therefore essential that we receive full information from you promptly to enable us to ensure that the returns are made on a timely basis.
16. Payroll (where applicable)
16.0.1. To process your payroll, we will require specific information from you. This includes:
16.0.2. Notification within two weeks of any employee who is ill for four or more calendar days, including weekends, bank holidays etc. This will enable us to operate statutory sick pay for you.
16.0.3. Notification of any employee who becomes pregnant. This will enable us to operate statutory maternity pay.
16.0.4. Details of any money or benefits made available to employees by you or by a third party through you.
16.0.5. Hours worked, rates of pay, bonuses etc.
16.0.6. Notification of new employees engaged by you or leaving your employment.
16.0.7. Details of holiday pay paid to employees.
16.0.8. Any HMRC PAYE notice of coding received by you (although we should receive a copy)
16.0.9. Any new starter will be required to complete a P46/new starter form or supply us with a P45 for the current tax year.
16.1.0. Real-Time Information (RTI) returns must be received by HMRC on the day that you pay employees, so it is very important that we receive your payroll records on time.
16.1.1. It should be understood that our appointment as your agent does not absolve your business from its statutory responsibilities. We would draw your attention to the strict rules and time limits for the submission of such returns and the substantial penalties which may arise if these are not observed. It is therefore essential that we receive full information from you promptly to enable us to ensure that the returns are made on a timely basis.
16.1.2 If after we complete your payroll, you request amendments to be made to work already completed, then a quotation will be given to you for the additional work involved.
17. Bookkeeping (where applicable)
17.0.1. If you appoint us to complete bookkeeping on your behalf, we will input your business transactions into a system that best suits your business. We will require all business documentation needed to complete the bookkeeping, including sales invoices, purchase invoices, expense receipts, bank statements, paying in/cheque books and credit card statements (where applicable).
17.0.2. We will keep your paperwork until your year-end procedures have been completed unless otherwise instructed by you. Once we have finished with your records, these will need to be collected by you.
17.0.3. If you complete your own bookkeeping, then we would expect to receive records in a reconciled state (if a double entry system is appropriate). We will take samples to check that the bookkeeping has been completed properly. We will bring to your attention to anything that does not seem correct and will await your instructions on how to proceed before continuing with your work. If you would like us to correct any bookkeeping errors, we will produce a quotation for you to agree upon before any work is carried out.
17.0.4. If after we complete your bookkeeping, you request amendments to be made to work already completed, then a quotation will be given to you for the additional work involved.
17.0.5. When we quote a price for bookkeeping, it is based upon your estimations of the number of monthly business transactions you have. Sometimes we find that the amount of transactions is more or less than initially estimated. In this instance, we would increase/reduce the monthly fee to reflect the true amount of transactions.
17.0.6. If you have special requests for your bookkeeping requirements or where there is a greater than average amount of complexity – we may quote an hourly rate rather than the standard transactional rate. If we receive bookkeeping records which are more complex than initially estimated, we may recalculate the quotation. We will always ask for your agreement of the revised quotation before proceeding with the work.
17.0.7. If you are sending us paper records, they must be presented to us in date order and in orderly fashion overall. Where there is a significant time required for us to organise your paper records, we may quote an additional hourly rate for the additional work.
18. Contractors and IR35 (where applicable)
18.0.1. If some or all of your business relates to contracting, then you should consider your risk to IR35. IR35 is legislation that aims to prevent contractors from benefiting from tax advantages over that of an employee acting in a similar capacity. We are happy to provide guidance and material that will help you decide whether you are likely to be inside or outside of the legislation but, it is your responsibility to assess your risk to IR35 fully,
19. Fair Usage Policy
19.0.1. We reserve the right to increase our fees for clients who use our service ‘excessively’ to ensure that the business relationship remains profitable. This policy would only be enforced for clients who consume excessive time of our accountants with unnecessary requests, an ‘unreasonable’ amount of questions, or queries that are not related to accountancy or the services we offer. We are aware that new clients will require more help and advice when they first register with us or if they are new to the business, and we do take this into consideration.
19.0.2. If we consider a client to be in breach of this policy, we will notify them in writing to give a choice of either an increased fee or a reduction in their demands on the time of our accountants.
19.0.3. The unlimited help and advice included within your chosen package relate to the services you have appointed us to complete. For specialist advice or advice relating to topics outside of your selected services, we would seek to charge a reasonable fee that would be relative to the work involved and will be agreed upon by both parties prior to any work being undertaken.
20. Your Personal Data, Privacy and Security
20.0.1. Please take some time to carefully read through our Privacy Policy. This policy outlines what data we collect from you, what we do with your data and how we ensure it is secure.
20.0.2 All data is collected and stored in accordance with the General Data Protection Regulations (EU) 2016/679
20.0.3. By agreeing to these Terms and Conditions, it is assumed that you have read and understood our Privacy Policy.
21. Complaints Procedure
21.0.1. If you would like to make a complaint, please contact us via the contact form on the main page. A senior member of staff will review your complaint and respond within 3 working days.
