The practice
Mitchell Charlesworth "the practice" is a partnership
governed by the Partnership Act 1890. The names of the
partners at any given time can be found at the foot of our
letter-heading and on display in the reception at each of our
offices.
Responsibility for your affairs
The practice operates an engagement partner system to
ensure that you have at least one main point of contact at partner
level.
The name of the partner who has responsibility for your affairs is
included in your letter of engagement, together with the names of
other key members of the team.
Wherever possible we try to ensure continuity in the staff
handling your work from one year to the next, but where this is not
possible, or where such a change may be advantageous, we will
notify you of this change and why the change was necessary.
Quality of service
We aim to provide you with a high quality service and the
engagement partner will seek to ensure that this is so. If
you are unhappy with any aspect of our service, please contact the
engagement partner in the first instance. If you wish to take
the matter further you should take up the matter with the partner
designated to deal with complaints whose name is set out in your
letter of engagement. 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 with whom
we are registered.
In order to achieve the standards of service set out in the letter
of engagement and to provide the services requested, we need your
co-operation. Please provide any information requested by us
as soon as possible, otherwise we may not be able to progress the
engagement.
You will use all reasonable skill, care and attention to ensure
that all the information provided to us is accurate and
complete. You also undertake to notify us immediately if you
subsequently learn that the information provided to us is
incorrect, inaccurate or not capable of being relied upon.
Fees
Unless agreed otherwise fees are computed on the basis of
the time spent on your affairs by the partners and staff and on the
levels of skill and responsibility involved.
Where a fixed fee is agreed in advance we will not seek to charge
any additional fees unless the work that we are required to carry
out, is outside our responsibilities as set out in the letter of
engagement. Accordingly it is in your interests to ensure
that the information and records provided are of adequate quality
and completed to the agreed stage.
If work is requested beyond the terms of the engagement letter, in
the absence of a further quotation being provided our fees will be
based on normal charging rates.
A fee estimate (as opposed to a fixed quote) is provided as a
guide to assist you with budgeting and should not be regarded as a
firm quotation unless otherwise agreed in writing.
Unless agreed otherwise disbursements will be charged on a full
reimbursement basis.
Fees are usually quoted exclusive of value added tax which will be
charged at the standard rate subject to certain limited
exceptions. Our value added tax number is 166 4084 56.
Payment
Payment of our fees is due upon delivery of our fee
notes. Our standard and preferred method of payment is by
Direct Debit. Alternative payment arrangements may be agreed
in writing by a partner. We currently also accept payment by
cheque, standing order, credit or debit card and at our discretion
in cash for sums up to £500.
New standing order arrangements may only be entered into where
payments are being made in advance of the fees due and with the
written agreement of a partner. Existing standing order
arrangements will continue to be accepted for so long as fees are
being settled. The recurring monthly amount will be notified
to you and will be subject to annual assessment. If accounts are
not paid within one month of the delivery of the invoice, we
reserve the right to charge interest from that date at a rate
equivalent to 5% above the base rate of Lloyds TSB Bank plc on a
daily basis. Unless otherwise agreed, our fees will be billed at
appropriate intervals during the course of the year.
Regulated services
Mitchell Charlesworth is registered to carry on audit work
in the United Kingdom by the Institute of Chartered Accountants in
England and Wales.
Details about our audit registration can be viewed at www.auditregister.org.uk
under reference number c006772602.
The Audit Regulations and Guidance can be found at www.icaew.com/auditnews.
Investment advice
We are authorised to conduct Investment Business by the
Financial Services Authority. For designated investment business
services we will issue a separate terms of business letter. We are
not authorised to hold client money in connection with our
designated investment business.
Confidentiality and conflicts of interest
All personal information and information regarding your
business will be regarded as and kept confidential at all times,
unless you instruct us to disclose information or we are compelled
to disclose it by law, for example where fraud, money laundering or
another crime may be involved.
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 will be guided by the Code of Ethics of
the Institute of Chartered Accountants in England and Wales which
can be viewed at www.icaew.com/membershandbook,
section 3, sub-section 220.
Client monies
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.
In order to avoid an excessive amount of administration, interest
will only be paid to you where the amount of interest that would be
earned on the balances held on your behalf in any calendar year
exceeds £25. Any such interest would be calculated using the
prevailing rate applied by Lloyds TSB Bank Plc for small deposits
subject to the minimum period of notice for withdrawals. Subject to
any tax legislation, interest will be paid gross.
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.
Money laundering
In common with all accountancy and legal practices, we are
required by the Proceeds of Crime Act 2002 and the Money Laundering
Regulations 2007 to:
- Maintain customer due diligence
procedures for all clients;
- Maintain records of identification
evidence;
- Report to the Serious Organised
Crime Agency, in accordance with relevant legislation and
regulations,
Retention of records and
documents
During the course of our work we will collect information
from you and others acting on your behalf. Once our fees have
been settled, we will if requested, return any original documents
to you following the completion of our work.
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.
Electronic communication
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 email 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.
Whilst we take reasonable steps to ensure that any messages and
attachments are virus free, it is the responsibility of the
recipient to carry out a virus check on any attachments
received.
Data Protection Act 1998
We may obtain, use, process and disclose personal data
about you in order that we may discharge the services agreed under
this engagement letter, and for other related purposes including
updating and enhancing client records, analysis for management
purposes and statutory returns, crime prevention and legal and
regulatory compliance. You have a right of access, under data
protection legislation, to the personal data that we hold about
you. For the purposes of the Data Protection Act 1998, the
Data Controller in relation to personal data supplied about you is
Mrs Andrea McCabe. Unless agreed otherwise, we may also share your
information, including your name and address details, with other
associated entities1 of the Mitchell Charlesworth partnership so
that we and other associated entities can keep you informed by
telephone, email, mobile messaging and other means of special
offers that you may be entitled to and products and services which
we believe may be of interest to you and may benefit you
financially. If you would prefer us not to do so, please contact
your local office or your contact partner.
External review
As part of our ongoing commitment to providing a quality
service, our files are periodically subject to an independent
quality review. Our reviewers are highly experienced and
professional people and are bound by the same requirements of
confidentiality as our principals and staff.
Offering partners or staff employment
You will not offer employment or otherwise contract with
any of our partners or employees involved in providing any services
to you whilst such services are being provided or for a period of
six months thereafter. In the event that you make such an
offer which results in a partner or employee leaving us you will
pay us a fee of 30% of their annual income from us immediately
prior to them leaving which both parties agree is a genuine
pre-estimate of our loss in such circumstances.
Professional Indemnity Insurance
In accordance with the disclosure requirements of the
Provision of Services Regulations 2009, our professional indemnity
insurer is Chartis Insurance UK Limited of The Chartis
Building, 58 Fenchurch Street, London, EC3M 4AB. 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 of America or Canada.
Applicable law
These terms and conditions together with the 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
between us. 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.
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.
Entire Agreement
These Terms and Conditions together with our Letter of
Engagement set out all the terms agreed between us in relation to
the work we are to undertake for you and together shall be referred
to as "the Contract" All other terms, conditions and
representations are hereby excluded and you must not rely or have
relied on them. The Terms of Business may only be varied by
agreement in writing signed by a partner on our behalf. In
the event of any conflict between these Terms of Business and our
Letter of Engagement, the latter shall prevail.
Waiver
Our failure to enforce any one or more of the Terms or
Conditions at any time or for any period shall not be a waiver of
them, or our right at any time to enforce all applicable terms and
conditions. If any provision within these terms should not be
valid, in whole or in part, it will be deemed not to form part of
the Contract and the enforceability of the remainder of the
Contract will not be affected.
Termination
Subject to regulatory requirements and procedures, at any
time during the term, either party may terminate the Contract for
whatever reason by providing 28 days written notice of the
intention to terminate. Upon termination, we will, upon written
request, return all property and documentation that is in our
possession, once all outstanding fees have been settled, except
that we will be entitled to retain one copy of any documents which
we are required to maintain as a professional record of the
services provided.
Upon termination, we will be entitled to raise a fee note for the
work undertaken but not billed at the date of termination, and
should termination take place part way through an assignment, this
shall be based on normal charge out rates irrespective of any
previously agreed fixed fee. You will pay forthwith
upon request all fees and expenses due in respect of the services
provided up to the date of termination, together with any
reasonable costs and expenses incurred in connection with the
termination of the Contract or with the handover of information to
new advisers. Upon termination we will, within 28 days of the
notice, issue a letter of disengagement from the services
provided.
1 Incorporates Mitchell
Charlesworth Limited, Mitchell Charlesworth Insurance Solutions
Limited, Mitchell Charlesworth Wealth Management Limited and MC
Vanguard Corporate Finance Ltd.