Terms & Conditions
Terms & Conditions
These standard terms of business apply to all engagements accepted by DNS Associates. The engagements comprise the agreement entered into between DNS Accountants LLP and you which incorporate these terms and conditions. DNS Accountants LLP, trading as DNS Associates, is a limited liability partnership registered in England and Wales under company number OC358369 with its registered office at Pacific House, 382 Kenton Road, Harrow, Middlesex HA3 8DP. References to “DNS Associates”, “We” and “Us” are to DNS Accountants LLP trading as DNS Associates. References to “Client”, “Company”, “You” or “Your” is to our client under the Agreement. All work carried out is subject to these terms except where changes are expressly agreed in writing. If there is a conflict between the Agreement and these terms, the Agreement shall prevail.
- We will observe the byelaws, regulations and ethical guidelines of the Chartered Institute of Management Accountants and accept instructions to act for you on the basis that we will act in accordance with those guidelines. Copies of these requirements are available for inspection in our offices.
- We are entitled to refuse to act for you if you fail to supply appropriate proof of identity for yourself or for any principal whom you may represent.
- When you first consult us, we will check whether there is any connection between us firm and another party which might give rise to a conflict of interest we will not be able to accept instructions from you. Should a conflict of interest arise after you have instructed us we will let you know. If this occurs, we may not be able to continue to represent you.
- Where you give us confidential information we shall at all times keep it confidential, except as required by law are as provided for under regulatory, ethical or other professional rules that apply to this engagement. The obligation is subject to an important statutory obligation: legislation on money laundering and terrorist financing has placed accountants under a legal duty in certain circumstances to disclose information to the National Crime Agency (NCA). Further details of these obligations re set out in paragraph 13 of these terms.
- Our firm may be subject to audit or quality checks by external firms or organisations. We may also outsource work. This might be for example typing or photocopying or costings, or research and preparation to assist with your matter. Information from your file may therefore be made available in such circumstances. We will always aim to obtain a confidentiality agreement with the third party.
- We reserve the right to act during this engagement for other clients whose interests may be adverse to yours. We will notify you immediately should we become aware of any conflict of interest to which we are subject in relation to you.
- All CIMA management accountants work within the framework of the CIMA Code of Ethics (www.cimaglobal.com). The code requires accountants to comply with the principles of integrity, objectivity, professional competence and due care, confidentiality and professional behaviour.
- As CIMA management accountants we have a duty to observe the highest standards of conduct and integrity, and to uphold the good standing and reputation of the profession.
- Duty of a professional accountant is not exclusively to satisfy the needs of an individual client or employer. In complying with the ethical requirements of the CIMA Code of Ethics the professional accountant is obliged to act primarily within the public interest.
- We are not authorised by the Financial Conduct Authority to conduct Investment Business. If you require investment business services, we will refer you to a firm authorised by the Financial Conduct Authority.
- Commissions or other benefits may sometimes become payable to us in respect of introductions to other professionals or transactions we arrange for you.
- DNS may provide generic tax advice and support in relation to your tax affairs from time to time. For advanced tax planning meetings, you may be introduced to our partners.
- DNS may introduce you to any advance tax planning products or Tax avoidance products of third party providers. DNS Accountants purely act as introducers and do not carry any liability for any loss you may incur by entering into such transactions or products or by usage of such services.
- DNS conducts very basic due diligence to the best of its ability. Such due diligence cannot be fully relied as we are not tax experts and advisors and we are merely acting as introducers towards your best interest.
- All Advanced Tax planning and tax avoidance carry inherent risk which you should analyse and review with the provider direct. DNS Accountants are not liable for any losses, damages, costs and expenses caused by implementation of any tax planning products or services.
- Further we cannot be held liable for any losses, penalties, surcharges, interests or additional tax liabilities that are caused by the acts or omissions of any third party introduced by us.
- DNS cannot be held responsible for any misleading or false information provided by Advisors direct or indirect. It will be your responsibility to conduct your own due diligence.
- DNS may introduce/refer you to third party products in relation to Mortgage, Insurance or various other services you may request or seek.
- DNS gets introduction commissions on making such referrals.
- Before referrals are made DNS conducts its basic due diligence on the credibility and quality of provider.
- DNS cannot be held liable for any damages or losses incurred to you by the usage of third party providers and their services.
- 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 Chartered Institute Of Management Accountants.
- Our fees are computed either on the basis of time spent on your affairs by the principals and our team, and on the levels of skill and responsibility involved, or a fixed fee that will be agreed in advance based on the scope of work in a fixed fee agreement or quotation.
- If it is necessary to carry out work outside the scope of work agreed in respect of a fixed fee agreement or quotation this will involve additional fees. Accordingly, we would like to point out that it is in your interests to ensure that your records, etc. are completed to the agreed stage.
- It is our normal practice to request that clients make arrangements to pay a proportion of their fee on a monthly direct debit or standing order. These direct debit/standing order will be applied to fees arising from work agreed in the letter of engagement for the current and ensuing years. Once we have been able to assess the amount of work and time involved we would be grateful if you would agree to pay an amount to us on a regular basis.
- If you are not set up on monthly direct debit or standing order there will be admin charge of £10+VAT per month. Any bounced direct debit will cost extra £25+vat.
- Our terms relating to payment of amounts invoiced and not covered by standing orders, where appropriate, are strictly 7 days. Interest will be charged on all overdue debts at 4% over base rate or at the rate for the time being applicable under the Late Payment of Commercial Debts (Interest) Act 1998, whichever is the higher.
- If you fail to make payment within our credit terms, we may refer the matter to our debt collection agency. If this is necessary, you will be charged a surcharge of 15% of the outstanding balance due to us plus VAT and you will be responsible for payment of all fees, costs and expenses incurred by us in recovery of the sum due.
- Late payment of fines for clients who have left and no longer use our services will not be paid by DNS.
- Accounts unpaid thirty days after the date of invoice will be considered in default and maybe put on hold. Clients with accounts in default agree to pay late payment fines, DNS reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by DNS in recruiting such third parties.
- Price changes
(a) Each year your Monthly Fees will be subject to an annual adjustment by the RPI Rate, (which could be an increase or a decrease) and be announced in the February preceding the RPI Change, and the adjusted amount will appear on your April bill.
Example: If Monthly Fees are £100 a month when you sign up, then: (RPI rates illustrative only)
- If RPI announced is 3.0%, you would see your Monthly Fees increase to £103 a month on your first April bill(i.e. £100 x 1.030 = £103; and
- If the following year’s RPI was announced as 2.7%, you would see your Monthly Fees increase to £105.78 a month (i.e. £103 x 1.027 = £105.78.
(b) We will let you know at least 30 days before the Charges are due to go up.
(c) If you do not accept the new Charges you may be able to terminate your Agreement by giving us notice within 30 days of being informed of the new Charges. If you don't give us notice you accept the new Charges and the Agreement will continue with the new Charges.
- During the course of our work we will collect information from you and others acting on your behalf and will return any original documents to you following the preparation of your financial statements and returns. You should retain these records for at least four years from the end of the accounting year to which they relate.
- Whilst certain documents may legally belong to you, we intend to destroy correspondence and other papers that we store which are more than four 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.
- Documents related to Account submission should be received by us 3 months before the year end submission date. However, the latest date for the documents we should receive is 20 working days before the year end submission date to avoid deadlines being missed. On any occasion where we have not been able to meet the deadline because of your failure to send us the documents on required/ agreed time frame, we will not take any liability for any penalties incurred.
- It is important to receive the data/ information by us on time as stipulated below to meet the deadlines. Failure to provide information/data at the agreed time will incur penalties as well as additional charges.
DNS will not be liable to guarantee the completion of work on time as a result of your failure to provide full data by the end of November following the end of tax year. Any penalties incurred will have to be borne by client. Any Data received post December, DNS reserves the right to charge and additional fee of £100 towards loss of opportunity and express return charges.
Failure to provide Data by 20th day of the month following the end of Quarter will not guarantee submission of VAT return on time. Any penalties incurred will be a sole responsibility of the client. Any Data received post 29th day of the month following end of Quarter, DNS reserves the right to charge additional fee of £100 towards express service fees and loss of opportunity charges.
Any Amendments in monthly payroll will be accepted by 23rd Day of the month of payroll. No Amendments will be accepted after 23rd and will be done on month following.
Failure to provide data within 240 days of year end will not guarantee delivery of Accounts on time. DNS needs turnaround time of 30 days to meet Company House deadline. Any Data provided in last 60 days of deadline, DNS reserves the right to charge £100 towards express service charges.
Where client does their own Bookkeeping
Where clients do their own bookkeeping and errors are encountered by the Final Accounts team we charge £25 + VAT per hour to rectify the bookkeeping in order to complete final accounts.
- 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, of course, bound by the same requirements of confidentiality as our principals and staff.
- If at any time 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 telephoning or writing to our Operations Director Gary Zouvani. His email is firstname.lastname@example.org or you can contact him by calling office on 03300 88 66 86.
- We undertake to look into any complaint carefully and promptly and to do all we can to explain the position to you. If you feel that we have given you a less than satisfactory service, we undertake to do everything reasonable to address your concerns, using our internal complaints system. If you are still not satisfied, you may of course take up matters with the Chartered Institute of Management Accountants.
- The engagement letter is governed by, and construed in accordance with, English law. 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. Each party irrevocably waives any right it may have 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.
- Internet communications are capable of data corruption and therefore we do not accept any responsibility for changes made to such communications after their despatch. It may therefore be inappropriate to rely on advice contained in an e-mail without obtaining written confirmation of it. We do not accept responsibility for any errors or problems that may arise through the use of internet communication and all risks connected with sending commercially sensitive information relating to your business are borne by you. If you do not agree to accept this risk, you should notify us in writing that e-mail is not an acceptable means of communication.
- It is the responsibility of the recipient to carry out a virus check on any attachments received.
- 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. We confirm that when processing data on your behalf we will comply with the provisions of the General Data Protection Regulation (EU 2016/679). For the purposes of GDPR, the Data Controller in relation to personal data supplied about you is Gary Zouvani. We reserve the right to outsource work as a condition of our engagement.
- We may occasionally share your data with other companies within the DNS Group in order to service your accounting, tax and business needs. We will not share your data with third party providers not part of the DNS Group without your permission.
- 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.
- The advice that we give to you is for your sole use and does not constitute advice to any third party to whom you may communicate it. We accept no responsibility to third parties for any aspect of our professional services or work that is made available to them.
- We have a duty under section 330 of the Proceeds of Crime Act 2002 to report to the NCA if we know, or have reasonable cause to suspect, that you, or anyone connected with your business, are or have been involved in money laundering. Failure on our part to make a report where we have knowledge or reasonable grounds for suspicion would constitute a criminal offence.
- The offence of money laundering is defined by section 340(11) of the Proceeds of Crime Act and includes the acquisition, possession or involvement in arrangements for concealing the benefits of any activity that constitutes a criminal offence in the UK. This definition is very wide and would include:
- Tax evasion through deliberate understatement of income or overstatement of expenses or stocks; or
- Deliberate failure to inform the tax authorities of known underpayments.
- We are obliged by law to report to the NCA without your knowledge and consent and in fact we would commit the criminal offence of ‘tipping off’ under section 333 of the Proceeds of Crime Act were we to inform you of any suspicions or that a report had been made.
- We are not required to undertake work for the sole purpose of identifying suspicions of money laundering. We shall fulfil our obligations under the Proceeds of Crime Act 2002 in accordance with the guidance published by the Chartered Institute Of Management Accountants.
In the event that we become unable to provide the services agreed through incapacity or death, a Continuity Arrangement has been made with RMC Accountancy Ltd of Brooklands Cottage, Roadway Road, Bromley, BR1 3JL. The purpose of this agreement is to look after your interests by providing continuity of services. You will be contacted in the event of such circumstances arising and you will have the option to decline to be covered by these arrangements.
- Notification of The Customer’s Right To Cancel – Cooling Off Period.
- You, as the customer, have the right to cancel this contract within 14 days without giving any reason.
- The cooling off period will expire after 14 days from the day on which you agreed to the contract.
- You may terminate your instructions to us in writing at any time on not less than one month’s prior written notice but we will be entitled to keep all your papers and documents while there is money owing to us for our charges and expenses
- We may stop acting for you only if we have reasonable grounds to do so, for example if you do not pay an interim bill, comply with a request for a payment on account or if you fail to provide us with instructions or fail to do so on a prompt basis. If we decide to stop acting for you, we must provide you with not less than one month’s prior written notice. If we decide to stop acting for you, we will tell you the reason and give you notice in writing.
- Under the Consumer Protection (Distance) Regulations 2000, for some non-business instructions, you may have the right to withdraw, without charge, within seven working days of the date on which you asked us to act for you. However, if we start work with your consent within that period, you lose that right to withdraw. Your acceptance of these terms and conditions of business will amount to such consent. If you seek to withdraw instructions, you should give notice by telephone, e-mail or letter to the person named in these terms of business as being responsible for your work. The Regulations require us to inform you that the work involved is likely to take more than 30 days.
- If you cancel the contract before the minimum term is up, fees are not refunded. Termination of services must be requested in writing either by letter or email. It will be effective on receipt of such notice with at least 30 days of notice period. Please note if you are a monthly fee paying client your payment of fees already made will not be refunded on termination of the contract as resources and systems have been put in place to work on the account.
- We will provide our professional services with reasonable care and skill. However, we will not be held responsible for any losses arising from the supply by you or others of incorrect or incomplete information, or your or others' failure to supply any appropriate information or your failure to act on our advice or respond promptly to communications from us or other relevant authorities.
- We will not be liable to you for any consequential, special, indirect or exemplary damages, costs or losses, or any damages, costs or losses attributable to lost profits or opportunities.
- We can only limit our liability to the extent the law allows. In particular, we cannot limit our liability for death or personal injury caused by our negligence.
- You agree to hold harmless and indemnify us against any misrepresentation, whether intentional or unintentional, supplied to us orally or in writing in connection with this agreement. You have agreed that you will not bring any claim in connection with services provided to you by the firm against any of our employees on a personal basis.
- You agree the company directors will give their personal guarantees that in the event the client is unable to pay the outstanding fees to DNS Associates; they will settle the outstanding personally.
- The results provided by this application (Nomisma Accounting Software) do not constitute advice, and are only intended to support and aid the protection needs discussion between a Financial Adviser and their client(s), or for independent use by Customers. From time to time updates to the application may be issued.
- Whilst considerable care has been taken to ensure the information/calculation contained within this application (Nomisma Accounting Software) is accurate and up to date, no warranty is given as to the accuracy or completeness of any information and no liability accepted for loss, damages or expenses which you may suffer or incur directly or indirectly through your access and use of this application.
- When work is done we will inform you to collect your data within 7 days or else we will post it you where charges will apply.
- Any postage above 10 pounds has to be borne by the recipient.
Applicable ONLY to Contractors
- DNS Continues to charge normal monthly fees for 2 months.
- After 2 months if client is still out of work DNS charges standard fees of £25 + VAT per month which is dormant accounts fees.
- Once Account is Dormant no payroll will be run for the client and we expect no activity in the bank statement during the period of dormancy otherwise the account will not be considered dormant and normal fixed fees will apply.(For Instance: The dormant account will have no payroll, no active trading and only bank charges will apply; no dividends, withdrawals etc and no advisory support is needed)
- We continue to take care of accounts and all compliance for the fees of £25 + VAT per month until the client is back to work
- Once client is back to work we start charging normal fixed monthly fees agreed.
- Please note that client should be out of work for 2 full months. So, if a client finished working part way in Month 3 so client should be out of work fully for month 4 and 5 and from Month 6 DNS will start charging Dormant account fees of £25+VAT per month.
- DNS turnaround time for IR35 review is 3-5 business days after receiving all the necessary paperwork.
- For basic package clients 1 review per year is included, premium 2 per year and gold package unlimited reviews.
- Our IR35 review only includes the review of your contract; for working practices review additional charge may apply if you are not on the gold package.
- The nature of the IR35 legislation is such that it is based substantially upon subjective analysis of the facts and interpretation at the time. We are unable to guarantee a successful outcome if HMRC was to challenge you.