Terms and conditions in respect of work undertaken by SMART ACCTAXES LTD

1 Introduction

The SMART ACCTAXES LTD’s terms and conditions on this page set out the general terms under which we undertake our business. All specific conditions relating to particular assignments will be covered in separate letters distributed to our clients.

2 Applicable law

SMART ACCTAXES LTD’s terms and conditions outlined on this page, all letters and correspondence and the completion of services are all governed by, and must be conducted in accordance with English law. Each party (SMART ACCTAXES LTD & it’s client) agrees that the Courts of England and Wales will have jurisdiction in relation to any and all claims, disputes or differences concerning this letter of engagement and any concerns arising from it. Each party irrevocably waives the right to object to any matter being brought before the Courts, to claim that the action has been brought under inappropriate circumstances, or to claim that said Courts do not have jurisdiction in the matter.

3 Bribery Act 2010

According to the requirements of the Bribery Act 2010, SMART ACCTAXES LTD have policies and procedures in place to prevent the business, clients and its partners and staff from offering or receiving bribes. For more detailed information about the Bribery ACT 2010 please refer to legislation.gov.uk 

4 Identification and verification of clients

According to the UK anti-money laundering regulation, SMART ACCTAXES LTD are required to identify and verify its clients and cannot start any work until clients have been identified and verified. For more details about the money laundering regulations, please refer to fca.org.uk

5 Commissions or other benefits

You will receive commission for each new client you introduce to SMART ACCTAXES LTD using your unique referral code that is available on your portal. The client you introduce must register with your referral code to make you eligible for the commission. The commission is a fixed percentage of the amount SMART ACCTAXES LTD invoice to the client you introduced. The commission is payable for each invoice paid by the client you introduced. You will be eligible for commission as long as the client you introduce is with SMART ACCTAXES LTD and pays invoices issued by us. Your eligibility will expire as soon as the client you introduced leaves us or doesn’t pay invoices issued by us. You can introduce as many clients as you want, and you will receive commission for each client separately. If one of the clients you introduced leaves, then this will not impact the commission you receive for the other clients. The commission can be transferred to your bank account or credited to your SMART ACCTAXES account and redeemed for future payments.

The client who registers with us using a referral code, will receive a fixed % one-off commission for the first invoice issued by SMART ACCTAXES LTD.

6 Confidentiality and Data protection (GDPR)

Any and all personal data shared with us is highly secure and protected in line with GDPR compliance. SMART ACCTAXES LTD will take all reasonable steps to keep your information confidential except where we are required to disclose it by law, by regulatory bodies, by our insurers or as part of an external peer review. All data uploaded on client and admin portals are stored in SMART ACCCTAXES LTD’s own platform and hence will not allow any third party access. Only authorized staffs at SMART ACCTAXES LTD will be granted access to the data. Any data or information deleted from client portal will delete the data permanently from the system and no one can there after access the data, this includes SMART ACCTAXES LTD too. Your information and data is owned by you, meaning you can decide what to share and what to remove. 

SMART ACCTAXES LTD is member of ICO.

7 Conflicts of interest

You will be informed if we become aware of any conflict of interest in the relationship with you or in the relationship with you and another client. If the conflicts of interest that are identified cannot be managed in a way that protects your interests, then we regret that SMART ACCTAXES LTD will not be able to provide any further services to you. If this is the case, then you will be informed promptly.

If the conflicts of interest that are identified can be addressed successfully in a way that protects your interests, then we will act accordingly. Where possible, this will be done on the basis of your informed consent.

In both scenarios, we reserve the right to act for other clients whose interests are not the same as or are adverse to yours, subject to the obligations of confidentiality referred to in paragraph 6.

8 Rights of third parties

All advices, guidance and information we provide to you as part of the service from SMART ACCTAXES LTD to you is only for your sole use and not for any third party you may communicate with, unless we have expressly agreed otherwise in writing specifically mentioning the third party that may rely on our work. We do not accept responsibility to third parties, including any group that we have not addressed in writing, for any advice, guidance, 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 under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.

If a SMART ACCTAXES LTD employee attends your premises to provide services, and you or someone at your premises shares confidential information that should not be shared with the SMART ACCTAXES LTD’s employee, then SMART ACCTAXES LTD will not held responsibility if the information is leaked.

Similarly, you should not request or acquire any information not required from any of the SMART ACCTAXES LTD employees e.g. personal numbers, address etc. All communications should be done through SMART ACCTAXES LTD’s admin. In the event that you go on to engage in future employment of any of SMART ACCTAXES LTD’s employees who visited your premises for job related duties, legal action may be taken against you.

9 Disengagement

In the event that we choose to resign or are requested to resign, a disengagement letter will be issued to you in order to outline our respective responsibilities. Following a termination of this engagement, SMART ACCTAXES LTD reserves the right to dispose of or destroy any documents for any reason if we have been unable to return these to you after a 6 month period. This is with the exception of other laws or regulations requiring us to take alternative action with regards to your documents.

10 Respect towards Employees

All SMART ACCTAXES LTD employees are to be treated in a respectful and professional manner. If an issue was to arise between yourself and a SMART ACCTAXES LTD employee, it is imperative that you contact our admin to inform them of the matter at hand and discuss further action. In order for us to support in resolving any disputes during your time working with a SMART ACCTAXES LTD employee you must inform us directly of the matter, otherwise we will be unable to take any further action.

11 Electronic and other communication

All communications between SMART ACCTAXES LTD and its clients should happen through SMART ACCTAXES LTD’s portal. We will only contact you through our own portal, unless agreed otherwise. If you choose any other electronic communication, then you are responsible for virus-checking emails and any attachments we send. However, we use virus-scanning software to reduce the risk of viruses and similar damaging items being transmitted. When using alternative electronic communication, there is also a risk of non-receipt, delayed receipt, inadvertent misdirection or interception by third parties that SMART ACCTAXES LTD cannot be held responsible for.

We prefer communication through SMART ACCTAXES LTD’s portal solely to avoid risks associated with external electronic communication. However, if you prefer to contact us or to send any sensitive or confidential documents through any other electronic communication, then SMART ACCTAXES LTD cannot be held responsible for damage or loss caused by viruses, nor for communications that are corrupted or altered after dispatch. Nor can we accept any liability for problems or accidental errors relating to this means of communication, especially in relation to commercially sensitive material. Also, SMART ACCTAXES LTD cannot be held responsible for any information/data leaks caused by the electronic communication you choose other than our own portal. You will be responsible for these risks and SMART ACCTAXES LTD will not be held liable.

You are required to keep your SMART ACCTAXES account up to date with accurate details at all times, this includes your contact details too.

12 Fees and reimbursements

Our fees system is different to others as we allow you to give your quotation to us based on the services you need and for which time period you need it. You will be shown an estimated fee at the time of booking services and timeslot through SMART ACCTAXES LTD’s website or App. This fee is based on the services you choose and working hours needed. You will, before submitting your booking slot, be given the option to accept the quotation or to decline and provide your own quotation that will be reviewed and accepted/rejected based on the effort time, level of skill and responsibility and the services needed. If your quotation is rejected, then a member of the SMART ACCTAXES LTD team will contact you to explain why and to agree another solution. If your quotation is accepted, then that is counted as the price for that particular booking.

If you require more hours of services than what is initially booked, then you will need to book another slot for the additional hours that are needed.

If we complete your booking before the agreed hours, then the non-worked hours will not be charged for. The non-worked hours will be written off on your invoice.

Our fees and discounts may change from time to time, but will not impact any booked slots. The new and changed prices and discounts will only be applicable for bookings made after the price and discount changes.

If it becomes apparent to us, due to unforeseen circumstances, that a fee is inadequate, we reserve the right to notify you of a revised figure or range and to seek your agreement thereto. This will only happen before a work is carried out. If the work has started, then no changes will be made to the fees.

If SMART ACCTAXES LTD pays any expenses on behalf of you e.g. HMRC fees, Companies house payments etc. then these expenses will be reimbursable by you to SMART ACCTAXES LTD and will be reflected on your invoice. All expenses we do on your behalf will be agreed beforehand.

All invoices issued by SMART ACCTAXES must be paid in full on presentation, unless agreed otherwise beforehand.  Prompt payment will be appreciated. All invoices will be issued once the agreed work is completed. A breakdown (WIPS) of the invoice will be attached along with the invoice. The due date for invoices are 30days from the invoice date.

Interest will be charged on all overdue debts at the rate stated on the invoice. The late payment fees and interest will be charged after 3 payment reminders from us, which we will send within a 6month period from the invoice due date. If invoices aren’t cleared after all 3 notifications, then legal action may be taken and you will be responsible for all expenses related to this.

13 Internal disputes

If we are made aware of a dispute that arises between parties who are in some way involved in the ownership or management of the business, we will not provide any client information or services to one party without the express knowledge and consent of all parties involved. We will continue to participate in the supply of information to the registered office or last known postal address for the attention of the Directors or Business owners, unless an alternative agreement is reached by all parties. If we were to receive conflicting advice, information or instructions from other individuals in the business, we will refer the matter back to the directors or business owners and any further action will be paused until the directors or business owner have agreed to proceed with action.

14 Lien

In cases where there are outstanding fees and disbursements, SMART ACCTAXES LTD reserve the right to a lien over all funds, document and records in our possession related to the service we have provided you until the outstanding fees and disbursements are paid in full.

15 Liability limitations

All services provided by SMART ACCTAXES LTD are done by reasonable care and skill. Our liability to you is limited to losses, damages, costs and expenses caused by our negligence or willful default.

SMART ACCTAXES LTD cannot be held liable when but not limited to:

• Losses, penalties, surcharges, interest or additional tax liabilities that are due to the acts or omissions of any other person or due to the provision to us of incomplete, misleading or false information.
• Losses, penalties, surcharges, interest or additional tax liabilities are due to a failure to act on our advice or a failure to provide us with relevant information.
• Where we refer you to another firm whom you engage with directly, we accept no responsibility in relation to their work and will not be liable for any loss caused by them.
• If the delay or failure is caused by circumstances outside our reasonable control.
• Any loss, damage or expense incurred or sustained if information material to the service we are providing is withheld or concealed from us or wrongly misrepresented to us or from fraudulent acts, misrepresentation or willful default on the part of any party to the transaction and their directors, officers, employees, agents or advisers. This exclusion shall not apply where such misrepresentation, withholding or concealment is or should (in carrying out the procedures which we have agreed to perform with reasonable care and skill) have been evident to us without further enquiry
• SMART ACCTAXES LTD has the following insurances:
  
     1. Public Liability – Defends claims from member of the public
     2. Professional Indemnity – covers losses caused by defective work or advice
     3. Employer’s Liability- Defends injury and accident claims made by employees

16 Money Laundering

You agree to waive your right to confidentiality to the extent of any report made, documents provided or information disclosed to the National Crime Agency (NCA) in accordance with the following regulations: The Proceeds of Crime Act, The Terrorism Act, Money Laundering Regulations 2017 and The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017.

In case of suspicion of money laundering, then you acknowledge that SMART ACCTAXES LTD will report directly to the NCA without consulting you or your representatives.

SMART ACCTAXES LTD have appropriate risk based policies and procedures for assessing and managing money laundering risks, which includes but is not limited to undertaking appropriate customer due diligence.

17 Work start

You have the option to login to your SMART ACCTAXES account and book an accountant for the day and hours you need to perform the services required. The accountant will review and, based on his schedule, accept or suggest a different date/time. Unless otherwise agreed the work will begin on the accepted booking date

18 Termination

We value the relationship we have with our customers and do not want you to leave. So, if there is anything we can help with then please contact our customer services team who will provide you the support you need. If you still want to leave, then you are free to do so, as with SMART ACCTAXES LTD there are no binding contracts meaning you can leave anytime you want. We will contact you for any unpaid invoices. All documents and information held on our side will be deleted permanently, unless you request for those to be handed over to you. In addition to the disposal of your documents, any personal information will be deleted permanently from the software if you delete your account and no one will be able to access the information thereafter.