Terms of Business

between the client and TaxSense Accountants

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"TaxSense Accountants saved us valuable time, which enabled us to spend more time on growing our business"

Mr P Clarke, Portsmouth

 

Our Terms & Agreements - Effective from 21st October 2011

These terms and conditions form the basis of all relationships with the client and Taxsense Accountants (Michelle Eames t/a).

Preamble


Client: Means the company (receiving services from TaxSense Accoutnants) or legally appointed representative of the company such as director.
Firm: Means Taxsense Accountants see foot of this page for full trading style.

Quotation Terms

Subject to contract

a) All quotations are valid for a period of 30 days from the date of quotation.

b) The prices quoted are subject to VAT at the prevailing rate 20%. VAT registration number: 936 8050 10

c) The monthly payment illustrations do not imply monthly services. Monthly payments are for comparison purposes only and if made are done so on a voluntary payment on account basis.

d) This quotation is a fixed fee basis and is subject to fee reviews at the end of any financial period (usually annually). Fixed fees will increase on average by 10% at each review. Fixed fees only apply to specific fixed services where a fixed fee is appropriate. Where we provide advice on any other basis it is provided as per the letter of engagement on a time spent basis.

e) This quotation assumes that services will be provided continuously for a period of at least 12 months, where the letter of engagement provides for a longer period then the longer period will be used to calculate the total outstanding fees payable. If the services are provided for any period less than 12 months, for any reason whatsoever, then the whole amount (for example any 12 month period value of fees) will become payable. This applies to any part period in any and each of the client entity(s), and in any financial period.

f) This quotation is subject to terms and conditions of engagement (letter of engagement) provided separately. This quotation doesn't imply that Taxsense will accept the prospective client as a client. No professional advice can be provided by any representative or employee of Taxsense Accountants unless it is in writing and is signed by the principle Michelle Eames and that information is headed "Professional Advice".

g) The Taxsense Foundation Scheme price is subject to other terms and conditions and is subject to acceptance by the firm.

h) *1 The PAYE services quote includes for setting up the initial systems and then dealing with ongoing payroll issues such as when an employee takes a holidays, maternity leave or is off through sickness. We file all the following statutory forms P45, P35 are included you should note the following exclusions: (Where an employer has throughout the tax year registered more than 5 employees then an additional billable charge is payable for filing P14's, P60, P35's; likewise, filing a P46, where more than 3 company vehicles, start or changes occur in the tax year will incur additional charges; additional charges are also made for filing a P11D and a P9D. CIS: P32 sub-contractors forms, up to 5 in total in the tax year are included in the above fees however, any additional sub-contractors will incur a separate charge; If you require a quotation for any additional charges you should request one otherwise we will charge at our current (prevailing) standard fee rate. The quotation assumes no more than 12 pay periods will be calculated and payslips will be issued each financial period. Additional pay periods/payslips will be charged at the standard prevailing fee rate.

i) This quotation document does not constitutes the entire understanding between the parties relating to the provision of services, the terms of engagement are set out on our website www.Taxsense.co.uk and are available upon request by post or email and those terms set out the entirety of our agreement with the client, regardless whether they have been signed by the client or not and shall, supersedes all representations, writings, negotiations or understandings with respect thereto; other than where specifically stated in that letter of engagement no statement or representation made by either party shall been relied upon by the other in agreeing to enter into the contract. This clause constitutes a binding agreement between the parties that the full contractual terms are to be found in the document stated earlier 'the published letter of engagement' and not elsewhere, and that accordingly any promises or assurances made in the course of the negotiations (which in the absence of such a clause might have effect as a collateral warranty) shall have no contractual force. This Agreement may only be amended by a written document duly executed by all parties.

j) Any date, timetable or timescales that the Firm has given to the Client for the performance of any service or the delivery of any goods are merely estimates, and are not binding on the Firm. Should any services or products provide/supplied by the firm become/deemed/discovered defective within 12 months after the date of delivery to the client, the firm will either replace or repair or make good the services or products free of charge. The firm cannot be held negligent as a result of any errors or omissions.

k) Any service provision quotation provided by the firm to the client is valid for a period of 30 days from the date of this letter thereafter the fees are charged as per the published schedule of rates.

l) A fixed fee quotation is to be reviewed on an annual basis where a new fee agreement is not agreed separately then the firm reserve the right to record all the hours worked thereafter on a time-spent basis and charge any hours as per the firms published schedule of rates. The monthly payment illustrations do not imply monthly services. In quotations monthly payments are for comparison purposes only and if made are done so on a voluntary.

m) Payment on account basis.

n) The prices quoted in this agreement are subject to VAT at the prevailing rate 20%.

o) All quotations assume that services will be provided continuously for a period of at least 12 months, where the letter of engagement provides for a longer period then the longer period will be used to calculate the total outstanding fees payable. If the services are provided for any period less than 12 months, for any reason whatsoever, then the whole amount (for example any 12 month period value of fees) whichever is the greater fee (for example a [5] five year agreement of services) shall become payable in full. This applies to any part period in any and each of the client entity(s), and in any financial period.

p) That a quotation is provided to the client doesn't oblige the firm to carry out such services.

q) Any person who is a an individual or where a partnership or limited liability partnership a person who is a partner of such an entity or is a director of a limited company or acts in a manner that could be considered to be acting as a controller (shadow director); shall by signing a letter of engagement provided by the firm to any representative who as legal responsibility consistent with a sole trader; partner or director of the entity accepts personal liability for all and any of the entities (sole trader business; partnership; limited liability partnership; limited company) liabilities (fees and other charges and interest) for any services or products that the firm has or continues or is legal contracted to be provided by the firm to the entity stated at the head of the letter of engagement.

r) Special terms: The Taxsense Foundation Scheme TFS price is subject to other terms and conditions and is subject to acceptance by the firm.

s) Provision of services (set out in a separate letter of engagement): All services are provided on a time-spent basis. The amount of time spent on some tasks may be agreed in advance and a price quoted for those services, these are called fixed fee elements. The schedule of fees for time-spent work is published on our website: www.Taxsense.co.uk.

t) Fixed price quotation: A fixed price quotation means: A price agreed that shall apply for the first 12 months of any term and then be reviewed by the firm and be based upon the amount of time-spent by the firm on the client's similar work in the preceding period of up to 12 months. The initial fixed fee price is based upon the disclosure by the client to the firm's representative of the quantity (number of sheets of data) and nature of the accounting information to be provided to the firm for example: paperwork; spreadsheets; proprietary software such as 'sage'. The fixed price always assumes that the accounting information shall be provided by the client to the firm in electronic form using either the firm's own software or spreadsheet or sage proprietary software. A fixed price quotation is not a maximum or capped fee which can be charged by the firm to the client. It is a price for an agreed fixed amount of work to be provided by the firm to the client. Fixed price quotations are provided on the strict basis that the client will contract the firm to carryout services as set out in the agreement for a period no less than 18 months from the date of this agreement.

u) Where the client demands early termination of this agreement the client does warranty to pay an amount to the firm not less than the total amount due under the fixed price quotation for the next period of 18 months after the date of early termination or the minimum term agreed in the term of the agreement section whichever is greater. The client further warranties that where the client fails to pay any invoice for any service provided by the firm within the payment terms stated on the invoice, or wishes to cancel services before the end of the agreed term (18 months automatically renewable) then the firm may retrospectively invoice the client on an hourly basis for any accountancy work, taxation or business advice provided prior to the payment terms where breached at an hourly rate not exceeding £250/hour and any payments will fall due immediately. The firm reserve the right to waive all or some of that amount at their absolute discretion without prejudice to any part of this agreement. Continuous renewal of the fixed fee services; at the end of the initial period the agreement, this letter of engagement, shall automatically renew for a period not less that the initial period, to a maximum of 5 years unless the notice of termination is made in writing at the firm's Head Office (currently Padnell Grange PO8 8ED) only within the immediate 28 days before the date of termination and then the services shall terminate 90 days thereafter, and provided that all outstanding fees owed by the client to the firm are paid in full within 30 days of the date of termination however, the firm reserve the right to waive all or some of that amount at their absolute discretion without prejudice to any part of this agreement.

Letters of Engagement

Click here to view our Letters of Engagement

TaxSense Foundation Scheme (TFS)

Up to 40% discount off our standard accountancy fixed fee rates. Free business advice subject to terms and conditions, minimum 30 month agreement term, and fixed price quotation that is reviewed ongoing on a time spent basis. The quotation will be reviewed annually and the time spent portion of Taxsense Accountants fees will be added to the fixed price quotation for the following 12 month period. Where a client terminates this agreement early then all time spent fee will become due immediately. Likewise when the term of this agreement is concluded all time spent fee will become due immediately. The client agrees to make payment to Taxsense Accountants all fees including fixed price and time spent upon demand.

This agreement is a supplementary agreement to the main agreement being the letter of engagement. In return for the client carrying out the terms and conditions of this agreement the firm will provide the client with a preferential fee schedule set out below:

Contract Term Discount Off Published Fixed Fee Rates
24 Months 30%
48 Months 35%
60 Months 40%

The contract term is the minimum period that the client(s) agree(s) to take services from the firm and subject to the terms and conditions of the separate agreement known as the letter of engagement

Live Testimonials

In exchange for a discount off the Taxsense Fee schedule of rates for services provided I [we] agree to allow up to 6 prospective Taxsense Accountants clients to telephone me [us] to discuss how I [we] have found the quality of Taxsense Accountants services, and will give an honest and accurate account of my [our] experience.

Period of Agreement

I [we] understand an upper limit of 6 separate individuals will be set in any 12 month period. This agreement will remain in place for at least 24 months see above table option chosen.

Enquirer Limit

The number of people Taxsense Accountants can refer to me [us] is limited to a maximum of 6 in the first 12 month period. That 12 month period commences from when I [we] receive the first telephone call from a prospective client.

Testimonial Letter

When requested to do so I [we] will provide a letter that is a true and honest reflection of the quality of the service I have received from Taxsense Accountants.

Testimonial Video

When requested to do so I [we] will appear on up to 2 separate video recordings and present an account of how Taxsense have delivered services to me [us], that account shall be a true and honest reflection of the quality of the service I have received from Taxsense Accountants. I [we] will make myself [ourselves] available at the Taxsense premises or other suitable venue for a period of up to 4 hours to allow filming. If the filming venue is more than 25 mile radius of my business or home address, then Taxsense will make a contribution to my travel expenses of no more than 45p per mile. If the distance requires an overnight stay, then Taxsense Accountants will provide overnight bed and board at the absolute discretion of Taxsense Accountants. One of the 2 videos will take place not less than 12 months from the commencement of accountancy services provided under the separate letter of engagement.

Publicity and Image Rights

If requested to do so I [we] will provide a photograph of myself [ourselves] that may be used by Taxsense Accountants in the normal course of promoting their business and services. I [we] consent to any reasonable request by Taxsense Accountants to use our company name and logo in their promotional material, subject to me [us] receiving a proof copy. The image rights of any of any photographs provided to and or taken by or on behalf of Taxsense Accountants shall be deemed to be the property of Taxsense Accountants ad infinitum.

Joint Press Releases

Notwithstanding the publicity and image rights clause above, I [we] agree to co-operate with Taxsense Accountants on press releases that promote both me [us] and Taxsense Accountants.

Internet Links

I [we] agree to establish a reciprocal internet link between my [our] website and that of Taxsense Accountants within 3 months of the date of this agreement and that the link be maintained in place for at least the period of this agreement.

Limits of Discount

count is limited to a maximum of 40% off of the Taxsense Accountants normal fees to a maximum of £1000 per client per financial year. The discounts apply solely to the quotations where the discount is expressly stated.

Introduction Payments

If I [we] introduce a potential client to Taxsense Accountants, and if by signing a letter of engagement they become a Taxsense Accountants client, I [we] will receive a remuneration set out in the attached remuneration schedule Taxsense Referral Payments (TRC).

The Cloud Platform (TxCp)

The client will assist the firm in evaluating the effectiveness of its internet online accounting software by providing prompt feedback to the firms questionnaires sent no more than 4 times per annum.

Repayment

Any discount provided to me [us] under the terms of this agreement (sometimes referred to as special discount on client fee quotations) off of the fees quoted by Taxsense Accountants for myself or any other business entity for whom I [we] am [are] authorised to act, will be repaid in full if any of the terms of this agreement are broken, or if any invoice remains unpaid after a period of 45 days from its origin date, or if the terms of the letter of engagement are breached, not withstanding any legitimate dispute.

Renewal

After the agreement minimum period has expired the agreement may be continued at the joint approval of both parties.

Jurisdiction

English law applies to this agreement.

Enforceability

If any provision of this Contract is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Contract shall remain in full force and effect.

Gender

Plural [where more than 1 party or on behalf of a partnership or limited liability company] this agreement is deemed to be signed on behalf of the other parties as though they themselves had signed their consent.

Fees: Schedule of Rates

These are the minimum fixed price rate that will be charged for the following entities, more complex cases will be charged at a higher rate.

Definition of fixed fee quotation

The fixed fee quotation is calculated on a basis that the accounting data will be provided in a particular format, where data is provided in a different format covered by the fixed fee quotation will then be subject to additional fees charged separately on a time spent basis, the amount of fees will be charged as per the then current schedule of rates.

Definition of Business Advice

Business advice means advice that is related to the entities business or proposed business other than accountancy or taxation advice or the administrative tasks associated with accountancy or taxation advice. Accountancy advice includes the definition set out by the Institue of Chartered Accountants in England & Wales and the Association of Chartered Certified Accountants

Data formats

Fixed priced fees vary dependent upon the format that data is provided by the client to the firm. Where the client provides the data in a format different from that quoted and as set out in this schedule the firm reserve the right at their absolute discretion to apply either the appropriate rate for the method in which the data was supplied to the firm, or a time spent basis at a rate set out in the then current schedule of rate, whichever is the greater.

Limited Company Rates


Service Data will be provided by the client to the firm in the format described below Minimum Fixed price fee
Annual Accounts preparation Prepared from accounting data already entered by client or 3rd party onto the following software [sage line 50] or Taxsense Mybooks software £1500
Annual Accounts preparation Prepared from accounting data already entered by client or 3rd party onto the following software [quick books] or a Taxsense prepared spreadsheet £2000
Annual Accounts preparation Prepared from Taxsense Bookkeeping sage accounts £1500

File Annual Return at Companies House: £100

File Annual Accounts at Companies House: £200

File CT600 with HMRC: £200

Sole Trader Rates


Service Data will be provided by the client to the firm in the format described below Minimum Fixed price fee
Annual Accounts preparation Prepared from accounting data already entered by client or 3rd party onto the following software [sage line 50] or Taxsense Mybooks software £1200
Annual Accounts preparation Prepared from accounting data already entered by client or 3rd party onto the following software [quick books] or a Taxsense prepared spreadsheet £1500
Annual Accounts preparation Prepared from Taxsense Bookkeeping sage accounts £1200

File SA100 with HMRC: £150

Sole Trader (Consultant or Small Business)


Service Data will be provided by the client to the firm in the format described below Minimum Fixed price fee
Annual Accounts preparation Prepared from accounting data already entered by client or 3rd party onto the following software [sage line 50] or Taxsense Mybooks software £800
Annual Accounts preparation Prepared from accounting data already entered by client or 3rd party onto the following software [quick books] or a Taxsense prepared spreadsheet £1000
Annual Accounts preparation Prepared from Taxsense Bookkeeping sage accounts £800 A

File SA100 with HMRC: £150

Partnership


Service Data will be provided by the client to the firm in the format described below Minimum Fixed price fee
Annual Accounts preparation Prepared from accounting data already entered by client or 3rd party onto the following software [sage line 50] or Taxsense Mybooks software £1200
Annual Accounts preparation Prepared from accounting data already entered by client or 3rd party onto the following software [quick books] or a Taxsense prepared spreadsheet £1500
Annual Accounts preparation Prepared from Taxsense Bookkeeping sage accounts £1200

Partnership return (SA800) file with HMRC: £200

Bookkeeping


The firm will enter purchase and sales invoices provided by the client to the firm and the fees for this service shall be calculated on the basis of the number of line entries that the firm makes on behalf of the client.

Up to 50 ledger entries per calendar month entered by the firm into sage accounting software: £75/month

51-100 ledger entries per month entered by the firm into sage accounting software: £150/month Thereafter up to a further 50 ledger entries per calendar month entered by the firm into sage accounting software: £75/month.

Bookkeeping paperwork, purchase invoices shall be supplied in a folder that is ordered by calendar date and contains no more than one month per folder. Purchase invoices and sale invoices will be kept in separate folders. Where the client provides paperwork for entering into bookkeeping in any other format, then the firm reserves the right to charge on a time spent basis for any additional work involved in collating the client's paperwork.

Bank reconciliation

The firm will reconcile purchase and sales invoice entries in sage bookkeeping at a rate of £1.50 per transaction.

Payroll


Per payslip £5 each

P60 £25 each

P35 £200 each

P11D £50 each

VAT


Checking VAT returns to ensure that they are presented in the appropriate format and that the figure on the return are consistent with the data provided to the firm by the client. The data for checking the return must be provided by the client before the expiry date of the clients VAT period to which the paperwork relates, otherwise the firm shall charge an additional fee for such work on a time spent basis.

Service Data will be provided by the client to the firm in the format described below Minimum Fixed price fee
Checking VAT returns A completed VAT return. Per return checked £200

Calculating VAT returns, preparation and templating of a clients VAT return.

Service Data will be provided by the client to the firm in the format described below Minimum Fixed price fee
Checking VAT returns Sufficient data to enable an accurate return to be prepared, data formats; sage, quickbooks, Taxsense MyBooks, Taxsense spreadsheet template: £400

General


Late delivery of documentation/data essential for the completing of the accounting service(s): Where the client provides data late or near to deadlines outside the terms of the letter of engagement the firm reserves the right to increase the above fees by an amount not exceeding 35% of the fixed fee quoted rate. Where software back-ups etc are provided by the client to the firm and the data contains material errors (that is data has been entered into an inappropriate location, e.g.

  • A purchase invoice has been posted to the wrong ledger;
  • The data entered on a paper invoice/record where the amount or type of invoices is different in description or value to the entry made in the software);

then the firm reserves the right to charge a fee in addition to the fixed price quotation. That fee shall be calculated on a time spent basis.



Time Spent Basis


Billed at a minimum of 1 hour for the first hour, and any part thereof after the first hour in minimum amounts of 15 minutes.

Time spent rates for different grades of employees and roles:

  • Administrative staff £65/hour
  • Senior admin staff £85/hour
  • Accountancy staff £85/hour
  • Senior accountancy staff £125/hour
  • Proprietor or accountant £175/hour
  • Business consultancy £150/hour
  • Taxation Work Standard £200/hour
  • Taxation Work Senior £250/hour
  • Taxation Work Proprietor £300/hour

Forensic work for former years or back analysis of any former years shall be applied a surcharge of 100% of the above schedule of fees.

Early Termination Fees


Set-up charge levied to all clients where any part year services are provided for any reason: £350 Early termination charge: £350 (this is additional to the standard fees as per fixed fee quotation or time spent basis.

The above early termination fees are charged in addition to any pro-rata fees for part year services that have accrued.

Pro-rata fees, upon early termination for any reason whatsoever, the client will pay the firm the amount of any incomplete financial year (financial year of the client entity example where a company who's financial year ends on 30th June and the services are terminated on 10th November of the same calendar year, and where all fees including termination fees are paid in full and no deductions are made by the client within 28 days of the termination date then the pro-rata fees will be deemed to be five twelve's (5/12) one full years fees, otherwise the full current years fees (1st July to 30th June) will be payable by way of penalty, likewise this would apply to the directors personal tax returns except the period end date would be 5th April rather than by example 30th June.

Individual Self Assessment Tax return


Standard return with one source of income main salary income, 3 bank accounts and 2 share dividends and 1 pension income: £175.00

Multiple income tax returns will be subject to a surcharge as will and increases upon the above maximum parameters stated above.

Renewal


All fixed fees are reviewed annual on a time spent basis and will increase by an amount not less than the RPI (average over the preceding 12 months rounded up to the nearest full percentage point) plus an amount of 5% of the previous year's fees. Fees and the term of services will be considered to have been renewed where no termination letter is received no sooner than 28 days before the anniversary of the letter of engagement and no later than the anniversary of the letter of engagement. Unless a termination notice is received in writing at the Firms head office address Padnell Grange Padnell Road Waterlooville PO8 8ED as per the conditions set out here, then the services set out in the letter of engagement, or where additional services have been requested the previous year will be deemed to have been renewed for a period of not less than 12 months from the anniversary of the letter of engagement and the fees for the current client entity will deemed to be due as though the services had been provided in full, even where no services have been provided the fees will be deemed to be payable.

Minimum Terms Agreements


Minimum fixed term means exactly that the client will engage the firm for at least that period. There is no provision for early termination. All minimum term agreements are renewable for the same terms subject to the above provisions of the article above 'Renewal'.

Late Payment


Where the client makes any payment after the period for payment stated on the invoice then a surcharge shall be charged no greater than 100% of the invoice total.

This schedule is the minimum fee charged by Taxsense Accountants for the above services. Other than where preferential discounts have been offered subject to separate written terms. Where those separate terms are breached for any reason then the fees payable will be recalculated using this fee schedule as the minimum fees chargeable, where an higher amount is considered payable then the higher of the two amounts shall prevail.

All prices are subject to VAT where applicable at the prevailing rate at time of publishing (20%).

 

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