Terms and Conditions
These terms and conditions outline the broad guidelines that our company conduct and undertake. Separate letters of engagement will describe the specific circumstances pertaining to assignments.
These terms and conditions, our engagement letters, and the schedule of services are all regulated by UK law and should be interpreted as such. Each party agrees that the United Kingdom courts will have exclusive jurisdiction over any claim, disagreement, or difference arising out of this engagement letter or any issue related to it. Any right to object to any action brought in those Courts, to claim that the action was filed in an inappropriate venue, or to claim that those Courts lack jurisdiction is permanently waived by each party.
Bloom Financials Ltd is an ACCA-registered chartered certified accountant’s firm.
Provision of Services
We will provide the Services to you, subject to these Terms. We will make every effort to fulfil any performance dates, but such dates are merely estimations, and time is not essential for the Services’ performance.
The Services are provided with reasonable care and competence. For the avoidance of dispute, the Services do not involve any of the following activities:
- Actions governed by the Financial Conduct Authority’s rules.
- Having the ability to influence, manage, or control your business or financial decisions.
- Performing any other activity or job that HMRC could deem to be a service that would trigger the Managed Service Company laws (as amended from time to time).
We will operate as your agent for the supply of Services in line with your clear written instructions to us, as reasonably necessary and where possible. For the avoidance of doubt, any submissions, papers, or returns filed on behalf of the Director and/or the Client are entirely based on the information and representations provided to Bloom Financials by the Director and/or the Client.
Bloom Financials may not be able to submit documents to the relevant bodies on behalf of the Client and/or Director in time or at all if the Client fails to meet its obligations under the Letter and/or the Terms, and Bloom Financials shall not be liable for any losses suffered or incurred as a result. The Letter and these Terms establish a business-to-business relationship between us. However, the Consumer Contracts do not apply.
Client identification, verification and monies
For the purposes of the UK anti-money laundering law, we, like other professional services businesses, are obligated to identify and authenticate our clients. Unless there are extraordinary circumstances, we will not be able to begin work until this condition is satisfied. We may seek and keep any information or documents that are necessarily required for this purpose from you.
We may hold money on your behalf from time to time. The funds will be stored in a customer bank account that is separate from the firm’s finances. The account will be run, and money will be handled according to the Association of Chartered Certified Accountants’ Clients’ Monies Rules. These rules can be found on the ACCA website at http://www.accaglobal.com/en.html.
Bloom Financials quickly refund any money kept on your behalf once there is no longer any need to keep them. We may give any unclaimed assets to a registered charity if the customer to whom they pertain has been untraced for five years or we as a company cease to practise.
Commissions and advantages
Commissions or other advantages, owing to Bloom Financials, in connection with transactions, will be arranged for you in some instances. We will notify you in writing, the amount and terms of payment, as well as the receipt of any such commissions or benefits, if any occurs. The same rules apply when a payment is made to, or transactions are organised by a person or firm associated with us. The commissions or perks will not be deducted from the fees we normally charge.
- Our charges may vary depending on the amount of time we spend on your matters, as well as our degree of competence and responsibility, the relevance and value of the advice we give, and the level of risk.
- If we provide you an estimate of our charges for a certain job, the estimate will not be contractually binding unless we say so expressly. Any quote supplied will not be complete and final, and we will bill you for the services we complete based on your instructions. We will charge you £20.00 per hour for accountant work and £20.00 per hour for associate work unless you have signed a formal agreement on fees.
- We may state a fixed cost for certain services or a range of rates for an assignment. All quotes for charges are valid for 30 days.
- We do not set fixed prices for more than a year ahead of time since charge quotations must be evaluated in light of developments.
- If it becomes clear to us that a charge quote is insufficient owing to unanticipated circumstances, we retain the right to advise you of a revised number or range and ask for your approval.
- All fixed charges are calculated assuming that you or your bookkeeper correctly records all transactions in our spreadsheet or any other recognised accounting system. It implies that the bookkeeping system correctly records all bank balances, assets, and obligations.
- Bookkeeping is not included in the fixed costs. If bookkeeping isn’t full and correct or doesn’t provide us with a trial balance to work with, we’ll need to conduct some bookkeeping before completing VAT returns, management accounts, or year-end accounts. Depending on the competence necessary for the task, bookkeeping will be paid at our current hourly rates. It will be billed in addition to any fixed charges stated right after the service is completed.
- Fixed charges do not cover the cost of resolving difficulties, correcting work, or recalculating work done by you or your previous agents in previous years. If such work is determined to be necessary, we will discuss the issue and any additional expenses with you before proceeding.
- We shall make one set of changes and deliver one full set of amended accounts and tax returns with no additional fee when producing accounts under a fixed charge agreement. If further information is given after we have created the amended accounts, we will charge a minimum of 20% of the yearly fee for such modifications and delivering subsequently updated accounts. Prior to us performing any accounting work, it is recommended that you give complete information about your business and income.
- In some circumstances, you may be eligible for financial assistance with your professional fees, particularly if HMRC is investigating your tax problems. Assistance may be available through your insurance coverage or your membership in a professional or trade organisation. Except when such a service has been arranged via Bloom Financials, you must notify us of any such insurance coverage. Whether or if your insurance is required to pay all or part of our charges, you will remain responsible.
- Support may be included in our fee agreements and estimates. We reserve the right to change the type, scope, and quantity of work included as assistance at any time, at our sole discretion, and on an individual basis. Advice, research, and analysis are not included in the definition of support.
- Extra costs will apply if additional work is required outside of the agreed-upon scope of any fixed-fee contract. These fees will be calculated depending on the amount of time spent by principals and our staff, as well as the skill and responsibility levels involved. If there is no set price agreement in existence, all work will be assessed on this basis. A detailed breakdown of the time spent and the charge-out rates utilised may be provided upon request. We determine our standard hourly rates and evaluate them once a year. These can be obtained upon request.
- Our payment conditions for billed amounts are the full paid invoices due on demonstration. Payment should be made as soon as possible. All late bills will be charged interest at the rate mentioned on the invoice. Before we sign any report or make the accounts available for filing, all invoices must be paid in full.
- Our fees are set based on the company’s fiscal year (For Limited Company). For example, let’s say your company was founded in January and your fiscal year ends in December, and we agreed on a charge of 1000 pounds. The fees will cover the months of January through December. If you join us throughout the year, you will be charged for the prior month’s cost.
- When you join during the year or after the year has ended, we must complete all prior accounts and tax returns, so the aforementioned applies. If you are a contractor and lose your contract of the complete year, our fees will still be levied since we must complete the year’s accounting. If you choose not to pay due to a lack of finances, we may suspend services and bill you on a pay-as-you-go basis in accordance with our fee schedule; nevertheless, it is your duty to confirm the pay-as-you-go charge with us since it may be higher than the contractor’s price agreed upon in advance.
- For one-time jobs, you will be required to pay 50% upfront to begin the work and 50% prior to filing/submission. We have the right to put a hold on submission if the fee is not paid in full, and we will not be liable for late filing penalties.
- Our prices do not include VAT. Any expenditures we incur on your behalf and disbursements while performing our services for you will be included in our bills. Unless otherwise specified, our prices do not include any third-party charges, counsel, or other professional fees.
- It is standard practise for us to request that clients pay by monthly standing order or direct debit, with the monthly amount being adjusted as needed based on actual billings. In any case, monthly payments are non-refundable. No individually identifiable sum would be reimbursed if monthly payments include year-end accounts, and such accounts are not prepared for whatever reason.
- Under the Late Payment of Commercial Debts (Interest) Act 1998, we retain the right to impose interest at an annual rate of 8% over bank base rates on late-paid bills. If you do not pay your fees on time, we hold the right to terminate our services or cease acting for you. We will only use these rights when it is fair and reasonable.
- If you disagree with an invoiced fee, you must tell us within 21 days of receipt; otherwise, you will be considered to have agreed that payment is due.
- In the event of a disagreement over the amount of fees levied, we have the right to order the matter to be resolved through arbitration. We propose that the fee arbitration service provided by ACCA for members be used for arbitration. The ACCA president will designate the fee arbitrator, and the fees will be negotiated with the ACCA arbitrator.
- You have the option of appointing a new adviser at the end of the engagement. We retain the right to charge you a fair fee for providing handover information when a new adviser seeks professional clearance and handover information.
Responsibilities and obligations
- You must ensure that all information provided to us is current, accurate, complete, and not misleading, and you must expressly confirm that any information provided to us to complete any returns, declarations, or disclosures to any Regulatory Body is correct, complete, and accurate to the best of your knowledge and belief.
- In all aspects pertaining to the supply of the Services, you must cooperate completely with us.
- As we reasonably demand or request, you must immediately transmit the relevant documents and related financial information to us or our representatives. It includes supplying us with the necessary documentation to allow us to complete any basic personal tax return by the 30th day after the end of the relevant tax year.
- You must immediately transmit the relevant documents and related financial information to our representatives, as we reasonably demand or request.
- You authorise us to serve as your agent to provide the Services. For the avoidance of doubt, we will not make any decisions on your behalf; instead, we will only complete accounts and other reporting requirements based on written instructions supplied to us from time-to-time.
- You agree to authorise and sign any documents we reasonably seek in connection with the supply of the Services, including but not limited to form 64-8 authorising communication with HMRC.
- Before the date on which the Services begin, you must obtain and maintain all applicable licences, permits, and consents.
- You must set up a direct debit to make payment on the 1st of each month in full and cleared money, and in any case, by the 14th of each month.
- Any change in your circumstances must be immediately reported to us.
- Within 9 months of the Client’s year-end, you must file the Client’s accounts with Companies House.
- If it does not, you will be subject to a fine. To avoid this, we shall prepare statutory accounts that are acceptable for filing within the required timeframe if all of your records are complete and given to us no later than five months following your year-end. You will respond immediately and adequately to all subsequent inquiries from us.
- Within one week of the change or occurrence, you must keep us fully aware of any relevant changes or events that must be reported to Companies House.
- Prior to the date of this engagement and during the term of our engagement, you have sought and received independent advice from a professional advisor in relation to the Director’s and/or Client’s IR35 determination and status, and you will notify us immediately if you’re or the Director’s IR35 status changes.
- If you notify us in advance of any anticipated transactions and request advice, we would be happy to assist the Client in general in tax concerns. We would caution you, however, that because tax regulations change often, you must ask us to examine any previous advice in writing if a transaction is delayed or if a transaction that appears to be comparable is to be performed.
We will take all reasonable measures to keep your information secret unless we are obliged to reveal it by law, regulatory agencies, our insurers, or as part of an external peer review. Your obligation will apply throughout and after this engagement unless you give us permission to share information on your behalf.
On occasion, we may delegate work on your behalf to other tax, information technology, or accounting experts. Our customer confidentiality requirements shall apply to the subcontractors.
We may share your sensitive information with our employees, officers, representatives, subcontractors, or advisers who require access to it in order to fulfil our responsibilities. We will ensure that any of our employees, officers, representatives, subcontractors, or advisers to whom we disclose your personal information abide by rules and regulations.
If we become aware of a conflict of interest in our connection with you and another client, we shall notify you. We regret that we will be unable to provide additional services if conflicts are found that cannot be addressed in a way that safeguards your interests. If this occurs, we will notify you as soon as possible. We retain the right to represent other clients whose interests differ from or are opposed to yours, subject to the above-mentioned confidentiality requirements.
We shall adopt appropriate precautions to protect your interests if there is a conflict of interest that may be reasonably addressed by the adoption of proper precautions. This will be done with your informed permission wherever feasible. We reserve the right to represent other clients whose interests differ from or are opposed to yours, subject to the above-mentioned confidentiality requirements.
It is our policy to confirm any advice that the Client may desire to rely on in writing. If you want such assistance, please contact Bloom Financials for a written notification.
Unless we have specifically agreed in the Engagement letter that a designated third party may depend on our work, the advice and information we give to you as part of our service is for your personal use and not for the use of any third party to whom you may transmit it. We take no responsibility for any advice, information, or material created as part of our work that you make accessible to other parties, including any group business to which the engagement letter is not intended. Under the Contracts Act 1999, only a party to this agreement can enforce any of its stipulations.
Bloom Financials may get commissions or other advantages for third-party and other professional introductions from time-to-time, and these commissions or other perks generally vary in value from £10 to £500. If we receive a commission for an introduction, we will tell you as soon as possible. However, we are under no obligation to confirm the real value of such commission or account to you for the same unless compelled by law or other statutes.
We reserve the right to delete any records that we are unable to reestablish to you within six months of termination for any reason unless other laws or regulations dictate otherwise.
- We will usually write a disengagement letter if we quit or are asked to leave so that our individual duties are clear.
- If we haven’t heard from you in a year or longer, we may send you a disengagement letter and stop working for you.
- We will communicate with you and any third party; you specify in our covering letter and privacy notice by email or other electronic methods as specified. Emails and any attachments must be virus-checked by the receiver.
- There is a danger of non-reception, delayed receipt, accidental redirection, or third-party interception with digital communication. To decrease the danger of viruses and other harmful things being communicated through emails or electronic storage devices, we employ virus-scanning software.
- Any message sent to you by mail or DX is considered to have reached your address two working days after it was sent.
- We may have access to additional information when accessing data kept electronically by HMRC. However, we will only access records reasonably necessary to carry out the contract.
- You must constantly keep us up-to-date with accurate contact information. It is necessary to prevent messages and paperwork from being sent to the wrong address.
Ethical principles and guidelines
We are obliged by the Association of Chartered Certified Accountants’ ethical principles and accept orders to act on your behalf on the understanding that we will follow those guidelines. These guidelines are available upon request at our locations or online at https://www.accaglobal.com/. We shall not be liable for any loss, damage, or cost incurred as a result of our adherence to statutory or regulatory requirements
Only if we are explicitly directed in writing, we will assist with the execution of our recommendations.
Rights to intellectual property
Except when the law particularly states otherwise, we will hold all copyright in any document we created during the engagement.
If any section of the terms and conditions, engagement letter, or schedule is found to be invalid, that provision will be assumed to be excluded from this contract.
Inner squabbles and disputes
- If we became aware of a dispute between the parties that own or are in some way engaged in the ownership and administration of the firm, we would not supply information or services to one party without the full knowledge and approval of all parties. We shall continue to send information to the registered office or last known postal address for the attention of the directors or company owners unless all parties agree otherwise.
- If various persons in the business provide conflicting advice, information, or instructions, we shall return the problem back to the directors or business owners and take no further action until the directors or business owners agree on the course of action to be taken.
Insolvency advise and consultancy
If you want insolvency counsel, we may refer you to an insolvency practitioner.
- With reasonable care and competence, we shall deliver our services. Our obligation to you is limited to losses, damages, fees, and expenditures incurred as a result of our intentional default or carelessness.
- If such losses, penalties, surcharges, interest, or additional tax liabilities are caused by the acts or omissions of another person, or by the provision to us of incomplete, misleading, or false information, or by a failure to act on our advice or a failure to provide us with relevant information, we will not be liable. We take no responsibility for their work and will not be liable for any harm caused by them if we recommend you to another business with whom you directly deal.
- If the delay or inability to execute our duties under this engagement letter is due to circumstances beyond our reasonable control, we will not be liable to you.
- We will not be responsible or liable for any loss, damage, or expense incurred or sustained if information relevant to the service we are providing is withheld or concealed from us or incorrectly represented to us, or if any party to the transaction and their directors, officers, employees, agents, or advisers engage in fraudulent acts, misrepresentation, or wilful default. This exception does not apply if the misrepresentation, withholding, or concealing is or should have been evident to us without further investigation (in carrying out the processes that we have committed to executing with reasonable care and skill).
Third-Party Rights Restriction
- If our advice is revealed to a third party (with or without our agreement), we assume no responsibility or liability for any repercussions that may occur to that third party if they rely on the advice.
- If it is recommended that any papers or statements including our name be distributed to third parties, please contact us before doing so.
Money Laundering Regulations
You agree to waive your right to confidentiality to the extent of any report made, document provided, or information disclosed to the National Crime Agency (NCA) in accordance with the Proceeds of Crime Act, The Terrorism Act, Money Laundering Regulations 2017 and The Money Laundering, Terrorist Financing and Transfer of Funds Regulations 2017.
You also accept that we are obligated to report straight to the NCA without first consulting you or your representatives if the individual performing the job of Money Laundering Reporting Officer becomes suspected of money laundering while working on any assignment.
We will not be considered as having notice of information supplied to members of our firm other than those engaged on the relevant assignment for the purposes of our obligations.
Engagement and termination
- Our work shall commence when we receive your implicit or explicit acceptance of the engagement covering letter unless otherwise agreed in the engagement covering letter. We shall not be liable for periods prior to that date unless stated otherwise in such a letter.
- Unless you fail to cooperate with us or we have reason to believe you have provided us or HMRC with misleading information, in which case we may terminate this Agreement immediately if you fail to cooperate with us or we have reason to believe you have provided us or HMRC with misleading information, in which case we may terminate this agreement immediately. Any rights that either of us may have earned prior to termination shall be unaffected by termination.
- Unless we are compelled to halt work immediately for legal or regulatory reasons, we will attempt to agree with you on arrangements for the completion of work in progress at the time of termination of this contract. In that case, we will not be obligated to do any more work and will not be responsible or accountable for any termination-related repercussions.
- If you hire us for a one-time project, the contract ends after the project is done. We consider the date of completion of the work to be the termination date, and we owe you no obligations and will not do any more work beyond that day.
- We owe you no obligations beyond the termination date, and we will not take on any more work.
Personal and statutory rules
We shall follow and act in accordance with the Association of Chartered Certified Accountants (ACCA) by-laws, rules, and ethical principles. We will accept orders to act for you on this basis.
You are responsible for notifying us of any mistakes, omissions, or inaccuracies in your returns that you discover after they have been filed so that we can help you in making a voluntary disclosure.
You give us the authority to correct errors made by HMRC where we become aware of them. In addition, we will not undertake tax planning which breaches professional conduct in relation to taxation. We will, therefore, comply with the general anti-abuse rule and the targeted anti-avoidance rule. We will not be liable for any loss, damage or cost arising from our compliance with statutory or regulatory obligations. You can see copies of these requirements at our offices. The requirements are also available online at www.accaglobal.com/en.html.
The privacy notice, which should be read alongside these standard terms and conditions of business, explains the consequences of professional body membership in relation to GDPR.
Quality of service (QOS)
We strive to give excellent service at all times. If you have any suggestions on how we might advance our service or if you are unsatisfied with the service you are receiving, please contact any of the company’s directors.
We promise to investigate every complaint thoroughly and immediately and to do all possible to clarify the situation to you. If we do not satisfactorily respond to your concern, you may file a complaint with the Association of Chartered Certified Accountants.
You have a legal obligation to keep records and papers related to your tax issues. We may gather information about you and your affairs from you and others as part of our work. If you request it, we will return any original papers to you.
By law, you must keep the following documents and records related to your affairs: Individuals, trusts, and partnerships are all eligible with rental or trade income: 5 years and 10 months after the tax year’s conclusion. Otherwise, companies, LLPs, and other corporate entities must wait 22 months after the end of the tax year. 6 years from the end of the accounting period; these timeframes may be extended if HMRC investigates any accounts or returns.
While certain documents may legally belong to you, we reserve the right to erase communications and other files that are more than 7 years old that we preserve, whether electronically or otherwise. If you require the return or preservation of any specific papers for a longer time, you must inform us.
- The services we agree to provide for you will be completed according to a schedule that we will agree on a regular basis.
- In any case, the timely submission of all information and documents as and when needed by us will determine the timeliness of our work.
- We confirm that while processing personal data concerning you, your directors, and employees, we will adhere to the rules of the General Data Protection Regulation (GDPR). Getting, keeping, or recording personal information and performing any action or combination of operations on personal data, such as collection and storage, organisation, adaptation, alteration, use, disclosure, and removal from manual and digital records.
- The information we collect, process, use, and disclose will be used for the following purposes: contract performance, legal and regulatory compliance, crime prevention, contacting you with details of other services if you have consented to us doing so, and other legitimate interests such as defending us against potential claims and disciplinary action.
- We are a member firm of the Association of Chartered Certified Accountants in terms of our professional duties (ACCA). We are obligated to give access to client files and documents in order to retain our membership in ACCA’s ethical and regulatory guidelines.
- Our privacy notice, GDPR letter, and/or Engagement letter include further information on data processing and should be read in conjunction with these terms and conditions.
Bloom Financials will be introduced to you through this website. This website’s content is both instructive and broad in nature. The material on this website is not intended to be a substitute for professional advice. Before taking any action on situations where the material on the internet site may be applicable, we recommend that you obtain counsel from our experts.
This website’s contents and opinions are offered for informational purposes only and are not intended to be legal or professional advice. This website’s content should not be relied upon or interpreted as particular counsel for your situation.
It is not authorised to duplicate, alter, save, or store in an automated data file, in any form or for any purpose, this website, or portions of publications made accessible on it, without Bloom Financials’ explicit consent. In addition, the Bloom Financials website is covered by the privacy statement. Bloom Financials also recommends that you keep this in mind when using the website.
Although every precaution has been taken in the preparation of this website, it is conceivable that some material will become obsolete over time, or that it will become incorrect or incomplete. As a result, Bloom Financials cannot guarantee the timeliness, accuracy, or completeness of the information provided on this website, and is not responsible for any direct or indirect damages resulting from the use of, reliance on, or actions taken as a result of the information provided on this website.
Certain links on this website connect to information sources maintained by third parties over which Bloom Financials has no control. As a result, Bloom Financials is not liable for the accuracy or any other element of the data on their servers.
Copyright & Intellectual Property
All rights are reserved in the copyrighted content and information on this website, including text and graphics, as well as their selection and arrangement. Without our written permission, no part of this information may be copied or redistributed. However, you may download or print a single copy for personal, non-commercial use. On this website, product and company names may be trademarks or registered trademarks of their respective owners.
The Association of Chartered Certified Accountants has Bloom Financials registered as auditors and regulates us for a variety of investment company operations.