Terms and Conditions
By accessing any part of this site, or opening Exceed emails, you shall be deemed to have accepted these terms in full.
These terms shall be governed by and construed in accordance with English Law and the courts of England shall have exclusive jurisdiction
The purpose of these pages is to set out the basis on which we are to act as accountants, tax and other adviser services for a company or individual and the respective areas of responsibility of the directors and individuals.
All clients are subject to a separate engagement letter depending on their own requirements and circumstances.
1.1. We are bound by the ethical guidelines of our professional Institute and accept instructions to act for you on the basis that we will act in accordance with those ethical guidelines. We also confirm that we will notify you immediately we become aware of any conflict of interest to which we are subject in relation to the appointment fillin "company" or "group" .
2 Responsibilities of directors/individuals
2.1 As directors of a company, you are responsible for maintaining proper records and for preparing accounts which give a true and fair view and comply with the Companies Act 2006 (or other relevant legislation). You are responsible for ensuring that to the best of your knowledge and belief financial information, whether used by the company or for the accounts, is reliable.
2.2 You are also responsible for determining whether, in respect of the year, the company meets the conditions for exemption from an audit of the accounts set out in section 394 (or 395) of the Act, and for determining whether, in respect of the year, the exemption is not available for any reasons set out in section 478.
2.3 You are responsible for ensuring that the activities of the company 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 occurs.
2.4 You are responsible for ensuring that the company complies with 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.
2.5 You have undertaken to make available to us, as and when required, all the company's accounting records and related financial information, including minutes of management and shareholders' meetings necessary for the compilation of the accounts. You will make full disclosure to us of all relevant information.
2.6 You must set up controls to prevent or detect quickly any changes to electronically published information. We are not responsible for reviewing these controls nor is keeping the information under review after it first published. You are responsible for the maintenance and integrity of electronically published information, and we accept no responsibility for changes made to any information after it was first posted.
3 Responsibilities of accountants
3.1 We shall plan our work on the basis that no report is required by statute or regulation for the first accounting period after incorporation of the company unless you inform us in writing that the company requires an audit of the accounts.
Should you instruct us to carry out an audit then a separate letter of engagement will be required. This will be outsourced to a registered member firm of the Institute of Chartered Accountants England and Wales
Our work as accountants will not be an audit of the accounts in accordance with Auditing Standards. Accordingly we will not obtain any evidence to support the entries in the accounting records, the existence, ownership or value of assets or the completeness of the estimates and judgements made by you in your preparation of the accounts. Consequently our work as accountants will not provide any assurance that the accounting records or the accounts are free from material misstatement, whether caused by fraud, other irregularities or error.
3.2 We have a professional duty to compile financial information which confirm with generally accepted accounting principles from the accounting records and information and explanations given to us. Furthermore, the accounts of a limited company are required to comply with the Companies Act 2006 and applicable accounting standards. Where we identify that accounts do not conform to accepted accounting principles, or if the accounting policies adopted are not immediately apparent we will report this to you.
3.3 We have a professional responsibility not to allow our name to be associated with accounts which may be misleading. Therefore, although we are not required to search for such matters, should we become aware, for any reason, that the accounts may be misleading, and the matter cannot be adequately dealt with, we will withdraw from the engagement, and will notify you in writing of the reasons.
3.4 We shall report, with any variations that we consider may be necessary, that in accordance with your instructions and in order to assist you to fulfil your responsibilities, we have compiled, without carrying out an audit, the accounts from the accounting records of the company and from the information and explanations supplied to us.
4 Accounting services
4.1 Where applicable we will complete the books of account of the company. Your staff will assist in the preparing the relevant schedules of assets (including stock) and liabilities for the purposes of completing the annual accounts or agreed specific issues to your business. Our accountancy work will include the preparation of final detailed and statutory accounts for presentation to the members and filing with Companies House. You authorise us to file electronically
These services could be outsourced to 3rd parties with whom we have a non disclosure agreement
5 Taxation services
5.1 We will undertake taxation services on an annual basis and provide you with a newsletter to keep you abreast of current developments.
There is a separate disclaimer on each newsletter.
5.2 We agree that we will be responsible for all corporation and individual tax returns. We will deal with the HMRC on your behalf regarding any amendments required to the returns and amend as necessary. We will send you the tax return and supporting schedules for you to approve and sign off, and you will take responsibility for the content which we will submit on your behalf. You authorise us to file electronically.
5.3 We shall be pleased to advise you and complete the relevant returns on any tax, value added tax (VAT) or National Insurance (NI) Constructions Industry Scheme (CIS) matters not covered in our engagement letter subject to agreeing with you the precise work involved.
5.4 We will set up the registration for self employed individuals or associates and the deduction of class 4 National Insurance for individuals that will include the completion and submission of self assessment personal tax returns and applying for a refund of overpaid PAYE.
5.5 We will prepare your personal tax return together with all supporting schedules as necessary. The first income tax return under self-assessment that we shall be dealing with for you will be for the year ended 5 April XXXX filling "year" . You will be responsible for letting us have all the information needed to prepare this form
5.6 We will forward your tax return form and supporting schedules to you for review and signature. Once you have checked, approved and signed the return, we shall submit it to the Revenue. You authorise us to file the tax return electronically to HMRC
5.7 You are legally responsible for making correct returns by the due date and for payment of tax on time. Failure to meet the deadlines may result in automatic penalties, surcharges and/or interest.
6 Other services
6.1 We have agreed to provide assistance in the ongoing company secretarial requirements including the preparing and lodging returns with Companies House and drafting minutes for the directors' and annual general meetings required including the approval and adoption of the annual accounts.
6.2 We will maintain the company's registered office facilities and statutory registers. We shall be pleased to assist you with any advisory services you may require. All such services, if required, will be subject to separate engagement letters.
6.3 We will set-up a computerised payroll and register the company with the appropriate authorities for PAYE and National Insurance.
(a) We shall be pleased to provide monthly payroll services.
(b) Annual preparation of P60's and P11d's (Benefit in Kind) for individuals and P35 for the company.
(c) These services could be outsourced to 3rd parties with whom we have a non disclosure agreement
All such services, if required, will be subject to separate engagement letters.
7 Financial services
Investment business is defined and regulated by the Financial Services Act 1986 / Financial Services and Markets Act 2000 We are not authorised or licensed under those Acts. We would refer you those regulated, please see to associate members on the website
8 File destruction
8.1 Whilst certain documents may legally belong to the company, unless you tell us to the contrary, we intend to electronically scan all documentation into our systems, destroy correspondence and accounts papers which are more than seven years old unless we think they may be of continuing significance. You must tell us if you wish to keep any document for any longer period
8.2 During our work we will collect information from you and others acting on your behalf and will return any original documents to you following preparation of your financial information and tax return. You should retain them for  years from the 31 January following the end of the accounting/tax year. You should retain them for longer if HM Revenue & Customs enquire into your tax return.
9.1 Our fees are computed on the basis of time spent on your affairs and the responsibility involved by the directors and staff of this firm. Unless otherwise agreed, our fees will be charged separately for each main class of work mentioned above and will be billed at appropriate intervals during the course of the year.
9.2 Unless specifically agreed, payment of our invoices is due within 7 fillin "number of days" days from the date of the invoice. If payment is not received within 7 fillin "number of days" days we reserve the option to charge interest on the outstanding balance, at a rate not exceeding 4 fillin "interest rate" % per fillin "annum" or "month" over the relevant base rate of The fillin "bank name" Bank of Scotland plc, for the period from 7fillin "number of days" days after the relevant invoice date up to the date of payment.
9.3 Fees will be based on estimates provided in the tender document where applicable.
10 Applicable law
10.1 This 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 concerning the engagement letter and any matter arising from it. 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 those courts do not have jurisdiction.
11 Money Laundering Regulations
Money laundering regulations require that we confirm the identity and residential address of all directors and members of the company. We require that clients provide us with copies of passports and utility bills for all directors and members.
We may from time to time hold money on your behalf. Such money will be held in our client treasury bank account which is segregated from the firm's funds
12 Data Protection Act 1998
12.1 The processing of personal payroll data where the firm is acting as a data processor places additional requirements on the firm in connection with the Data Protection Act 1998. Sections 11 and 12 of the Data Protection Act 1998 place express obligations on you as a data controller where we as a data processor undertake the processing of personal data on your behalf. We therefore confirm that we will at all times comply with the requirements of the Data Protection Act 1998 when processing data on your behalf.
These services could be outsourced to 3rd parties with whom we have a non disclosure agreement
13 Help us to give you the best service / Communicating with you
13.1 We aim to provide the best possible service to our clients. If you would like to discuss how our service could be improved please let us know by telephoning our office.
13.2 We undertake to look into any complaint carefully and promptly and do all we can to explain the position to you. We will do everything reasonable to put matters right. Prompt communication enables us to take prompt action for your benefit.
13.3 We may communicate with you by email. As with other means of delivery this carries with it the risk of inadvertent misdirection or non-delivery. The recipient is responsible for carrying out a virus check on attachments.
13.4 Internet communications may be corrupted, and, we accept no responsibility for changes to such communications after their despatch. It may therefore be advisable to get written confirmation of advice provided by email. We do not accept responsibility for any errors or problems that may arise through the use of the internet and you must accept all risks connected with sending commercially sensitive information relating to your business. If you do not accept this risk, you should notify us in writing that email is not acceptable to you.
14 Agreement of terms
14.1 Once agreed, the engagement will remain effective from the date of signature until it is replaced or terminated. Either party may vary or terminate our authority to act on your behalf at any time without penalty. Notice of termination must be given in writing.
14.2 We request confirm to the agreement to the terms set out in this engagement by signing and returning a copy of the our letter. Should you not return a copy within 30 days, we will assume you have agreed to the engagement letter with all the terms and conditions above.
EXCEED (UK) LIMITED
This firm is not authorised under the Financial Services and Markets Act 2000 but we are able in certain circumstances to offer a limited range of investment services to clients because we are members of the Institute of Chartered Accountants in England and Wales. We can provide these investment services if they are an incidental part of the professional services we have been engage to provide.