We reserve the right, at our discretion, not to accept an application to use Digitax Accountants online services. This may be due to technical reason, because the Client is banned by us from using the Service, we have been unable to confirm identity of the director/owner of the business or any other reason. No charge is made for a declined application.
If we accept an account we will confirm acceptance by email and at such point a legally binding contract will be created between the Client and us. The agreement will be subject to English Law and the provisions of these terms and conditions shall govern our agreement with you.
All Accountancy Service Providers (which includes tax advisers, bookkeepers, payroll bureau) must comply with onerous duties imposed by the Terrorism Act 2000, the Proceeds of Crime Act 2002, the Fraud Act 2006 and the Money Laundering Regulations 2007 (the “Anti Money Laundering Legislation”), which are intended to inhibit the activities of terrorists and other criminals by denying them access to technical expertise. If we fail to perform these duties, we risk imprisonment.
Before we accept your instructions, we need to obtain ‘satisfactory evidence’ to confirm your identity. In certain circumstances, we may need to obtain evidence confirming the identities of third parties, the source of any funds or other property, the purpose of any instructions or any other matter. We may also need to obtain further evidence after we have begun to act on your instructions and the evidence may include searching by electronic means.
We assume that our clients are honest and law abiding. However, if at any time, there appear to be grounds to suspect (even if we do not actually suspect) that your instructions relate to ‘criminal property’, we are obliged to make a report to the Serious Organised Crime Agency (“SOCA”) but we are prohibited from telling you that we have done so.
In such circumstances, we must not act on your instructions without consent from SOCA. If SOCA do not refuse consent within 7 working days we may continue to act. If SOCA issue a refusal within that time, we must not act for a further 31 days from the date of the refusal.
‘Criminal property’ is property in any legal form, whether money, real property, rights or any benefit derived from criminal activity. It does not matter who carried out the criminal activity or how removed the property is from the original crime. Even if you are honest in your dealings, if your property represents a benefit from someone else’s crime, we must still make a report.
Activity is considered ‘criminal’ if it is a crime under UK law, no matter how trivial, and whether carried out in the UK or abroad. For example, tax evasion is a criminal offence but an honest mistake is not an offence.
Responsibilities of the Client :
You are responsible for ensuring that the company maintains proper accounting records and for preparing the accounts and for determining whether or not, in respect of the period, the accounts are true, fair and accurate.
You will keep records of sales invoices, purchase invoices, receipts and payments, bank statements, together with any documents relating to the company’s transactions and activities.
You are responsible for ensuring you use a proper accounting system and ensure that the accounting system has been approved by Digitax Accountants for use and that the accounts system is accurately and regularly updated.
You are responsible for any previous accounts or tax returns that have not been completed by us and the filing at HMRC and Companies House of any paperwork necessary to fulfil your accounting duties each year.
User Access: In order to access the Service, the Client will be issued with a username and password. The Client is responsible for ensuring the security and proper use of all ID’s and passwords issued in connection with the Service.
Use of Service: The Service is provided to the Client and the Client shall not share or resell or attempt to resell the Service. If you choose to give access to a third party to your account then you do so at your own risk and Digitax Accountants shall not be responsible for any resulting issues.
Availability of the Service :
Digitax Accountants will try to make the Service available at all times but cannot guarantee that the Service will operate continuously or without interruption or be error free and accept no liability for its unavailability.
Digitax Accountants may, for operational reasons change the technical specification of the Service; or, temporarily suspend the Service for operational reasons such as repair, maintenance or improvement.
Your Subscription and Payments :
The monthly fees, as set out on our website, shall be paid by the Client monthly in advance. Prices on our website out quoted in UK pounds sterling and are exclusive of VAT which is payable on top.
All monthly subscriptions must be made by Direct Debit and no payment shall be deemed to have been received until Digitax Accountants has received cleared funds.
The Client shall make all payments due under this Agreement in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Client has a valid court order requiring an amount equal to such deduction to be paid by Digitax Accountants to the Client.
If the Client is making an annual payment for the service then the full annual payment is payable up front on commencement of the service and no refund is available if the account is cancelled before the end of the year.
If additional work is completed that is not part of the Service then Digitax Accountants will notify the approx. cost initially and all payments will be due no later than 14 days after date of invoice.
If our fees become overdue then we reserve the right to suspend the service until the full balance is paid. We reserve the right to terminate the account on non payment. Once the subscription becomes overdue Digitax Accountants will not be held responsible for any current or future subsmission and any late penalties applied for accounts, vat or paye will be the responsibility of the client.
Termination of Service :
Digitax Accountants reserves the right to terminate the Service if the Client commits a breach of these Terms and Conditions, or if payment of the Service is not paid on time or for any other reason. Any termination will be sent in writing to the Client giving notice (as per engagement letter’s attached terms and conditions provided at signing of engagement letter) and no refund will be payable by us for any payments made. If after the notice period the issue has not been resolved, Digitax Accountants will take action to terminate all activities involving the Service and disengage ourselves as your Agent.
Cancellation of Service by Client :
The client can terminate the Service at any time after completing notice period by contacting Digitax Accountants. No further payment will be taken from the client unless it is too late to stop the direct debit and no refund will be given from fees already charged either by direct debit or invoice. Following cancellation of the Service, Digitax Accountants will have no further responsibilities in relation to the preparation or filing of the Clients accounting requirements.
If you cancel the account for any reason during the year and require us to complete end of year accounts and a tax return for the company prior to leaving then we will require that you have paid at least 6 months fees for the year the accounts need completing up to.
Limitation of Liability :
- Digitax Accountants will not be responsible for any interest, penalties, losses or additional tax liabilities that arise due to any omissions of any persons connected to the Client or any incomplete, misleading, false or any other information that results in any additional monies being paid.
- Digitax Accountants will not be responsible or liable for any loss, damage or expense incurred if information relating to the financial affairs of the Client are withheld, concealed or omitted from us during the course of our service. This applies to all parties, including 3rd parties, connected in any way to the Client.
- Digitax Accountants cannot and does not guarantee or warrant that the software comprising the Service will be error free, free from infection, viruses and / or code that has contaminating or destructive properties.
- Digitax Accountants will not be liable to you for any delay or failure to perform its obligations if the delay or failure is caused by circumstances outside their control.
Data Protection :
In order for Digitax Accountants to provide the Service it will be necessary to process personal data about the Client (including names, addresses and email accounts). Such data will be processed by Digitax Accountants in accordance with the Data Protection Act 1998.
Ownership and Retention of Records :
During the course of our work we may collect certain documents and other information relevant to your tax affairs. Upon termination of the Service we will return any original document (provided to us) back to you if requested. Furthermore, unless you tell us not to, we intend to destroy correspondence and other papers that we store that are more than seven years old, other than documents which we think may be of continuing significance.
Third Parties :
All accounts, statements, reports and advice prepared or given by us are for your exclusive use within your business or to meet specific statutory responsibilities. They should not be shown to any other party without our prior consent.
No third party shall acquire any rights to our agreement to provide professional services.
Applicable law :
These terms and conditions are 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 these Terms and Conditions and any matters arising from it
We will not be liable for any loss suffered by you or any third party as a result of our compliance with the Anti-Money Laundering Legislation or any UK law.