Full Terms and Conditions
1.0.1. You are appointing SwiftBooks Accounting (company no. 10793278) as your accountants, to represent you in all matters related to your selected services and your dealings with HMRC. This agreement is made between both parties. This agreement can only be amended or modified by written agreement signed by both parties.
2.0.1. We take the confidentiality of our client’s information very seriously. All accounts, statements and reports prepared by us are for your exclusive use within your business or to meet specific statutory responsibilities. They will not be shown to any third party without your prior consent.
2.0.2. You may appoint someone else to speak to us on your behalf such as your spouse. However, we would require your consent in writing. Please contact us for further details.
2.03 Each party acts as a Controller for the purposes of the General Data Protection Regulation (Regulation (EU) 2016/679)) and shall comply with all data protection legislation applicable to it ("Data Protection Law") when processing personal data in connection with the Services. Each party undertakes not to knowingly cause the other to breach Data Protection Law. In particular, you shall ensure that any disclosure of Personal Data to us complies with Data Protection Law.
3. Agreement of Terms and Cancellation
3.0.1. This agreement will remain effective from the date we receive your completed registration form. 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 or via email. No monthly payments will be refunded to you at any time and cannot be transferred, regardless of whether you have used our services or not, or if your year-end procedure has been performed or not.
3.0.2. These terms and conditions may change from time to time, you will be notified if there is a change.
3.0.3. If an indemnity claim is made against direct debit payments that were due to be paid, then this amount will be payable to us immediately along with a £30 charge to cover the cost of the indemnity claim to us from our direct debit agency.
4.0.1. Once registered for the service we will issue monthly invoices for your current financial year. Direct debit payments will be collected on a monthly basis for the invoiced amounts. If you decide to terminate our service part way through your financial year then no further monthly invoices will be raised from the date of your written cancellation. If you cancel part way through your financial year and would like us to complete that financial year’s work then we would agree to either continue the monthly invoices until the end of the financial year or raise a final invoice up to the financial year end.
4.0.2. From time to time we will increase fees to keep up with inflation or increasing costs. We will notify you of any fee increases at least 14 days in advance.
5. Late Payments/defaults
5.0.1. For outstanding balances overdue by more than 90 days we reserve the right to charge interest at 8% above the base rate per annum until such a time we receive payment in full or receive correspondence from you to resolve the situation.
5.0.2. For sole traders and partnerships the responsibility for any outstanding balances owed to us is of the business owners. For limited companies it is the ultimate responsibility of the director that signed the registration form.
6.0.1. Once we have received your registration form we will request that an authorisation code is posted to you from HMRC. Please forward any codes received from HMRC to us as soon as possible to avoid any unnecessary delays with your work.
6.0.2. Once you are registered with us we will perform an identity check to conform with Anti-Money Laundering regulations. This check may involve a credit search, to which you agree to us performing. Please note: the search is a soft search and so does not affect your credit score in any way. We do not carry out this check to assess your credit worthiness.
7.0.1. We record all correspondence with clients. You agree to us recording conversations for training and monitoring purposes.
8. Referral Fees
8.0.1. We make use of carefully chosen affiliates that handle extra services offered to our clients. In some instances we may be paid referral fees from those affiliates for the work they receive from us. You agree to allow us to keep any referral fees generated.
9.0.1. Introductory offers apply only if you register as an ongoing client. If you cancel your service within 12 months following the period the offer relates to, then the offer will not apply and the full price will become payable. For example if you are offered free incorporation of your company and were to cancel our services within 12 months then the full price of the free incorporation will become payable.
10. Clients Obligations
10.0 You shall;
10.0.1. You have undertaken to make available to us, as and when required, all the accounting records and related financial information necessary for the compilation of your accounts. You agree to make full disclosure to us of all relevant information. The accounts will be approved by you before we submit any accounts or returns to HMRC or Companies House.
10.0.2. You are responsible for ensuring that, to the best of your knowledge and belief, financial information, whether used by the business or for the accounts, is reliable. You are also responsible for ensuring that the activities of the business 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 occur.
10.0.3. You are responsible for ensuring that the business complies with the 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.
10.0.4. If you used a professional before joining us as a client then it is important that you provide their contact details to us so that we can request vital information from them. If we cannot acquire the information we need to start work for you then we may charge you an additional fee for the time spent to piece together your previous financials.
10.0.5 Advise us accordingly, if it is confirmed that your business activities are within the scope of IR35. If this is the case, you will then be required to take up the paid for our Payroll service so that we can prepare the appropriate "deemed payment" calculations. It is your responsibility to request an IR35 Review, Enhanced IR35 Review, or IR35 Express Enhanced Review if you consider these to be required and, dependent on the level of service you selected, additional charges may apply. Unless we receive instructions from you to the contrary, or you request a review, we will always treat you as outside IR35 and your accounts will reflect this status
10.0.6 You have a legal responsibility to retain documents and records relevant to your tax affairs. During the course of our work, we may collect information from you and others relevant to your tax affairs. We will return any original documents to you, if requested. Documents and records relevant to your tax affairs are required by law to be retained by individuals and companies. Individuals who are self-employed must retain their tax records for at least 5 years after the 31 January submission deadline of the relevant tax year. Private Limited Companies must keep records for at least 6 years from the end of the last company financial year to which they relate. Whilst certain documents may legally belong to you, we may destroy correspondence and other papers that we store, electronically or otherwise, which are more than 7 years old. You must inform us if you require the return or retention of any specific documents for a longer period.
10.0.7 For the avoidance of doubt you are solely responsible for all tax liabilities, interest, penalties and the costs of defending your status regardless of the outcome of an IR35 Review, Enhanced IR35 Review or Express Enhanced IR35 Review and/or the subsequent status determined by a tribunal or other hearing.
11. Our Responsibilities for the Preparation of Financial Statements
11.0.1. We will compile your annual accounts based on the accounting records and the information and explanations given to us by you. We shall prepare accounts to be approved by you before any returns are submitted.
11.0.2. We will advise you as to the adequacy of your records for preparation of the annual accounts and make recommendations for improvements which we consider necessary. We shall not be responsible if, as a result of you not taking our advice, you incur losses or penalties.
11.0.3. We will act diligently to produce financial statements which accurately reflect the information supplied by you regarding your business affairs, but will not be responsible for errors arising from incorrect information supplied by you.
11.0.4. Any liability resulting from errors in the preparation of accounts, tax returns or any other work carried out is limited to the fee we charge for completing that work.
11.0.5. We have a professional duty to compile accounts which conform to generally accepted accounting principles.
11.0.6. If you require us to complete additional work which is outside of the services included in your chosen package then we would charge an additional fee appropriate to the work involved, and will be agreed by both parties prior to any work being undertaken.
11.0.7. If we have any records belonging to you after your year-end procedures have been completed then we will return them to you via recorded delivery. If we have retained any records on your instruction then they will be automatically destroyed after 7 years.
11.0.8. SwiftBooks Accounting has a legal obligation to adhere to all civil and criminal legislation currently in force.
11.0.9. We will provide our professional services with reasonable care and skill and will always make every effort to ensure you meet the relevant deadlines. However, we will not be responsible for any losses, penalties, surcharges, interest or additional tax liabilities due to HMRC, Companies House or any other organisation under any circumstances. We will however, take individual circumstances into consideration and may make a contribution to penalties at the discretion of the management.
11.0.10 SwiftBooks Accounting shall under no circumstances whatsoever be liable to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss of use or correction of software, data or information, loss of goodwill, any regulatory fines (total or incremental) arising from circumstances occurring prior to appointment, or any indirect or consequential loss arising under or in connection with the Contract.
12. Professional Indemnity Insurance
12.0.1. Professional Indemnity Insurance for SwiftBooks Accounting is provided by Premium Credit, Ermyn House, Ermyn Way, Leatherhead, Surrey, KT22 8UX
13.0.1. We will be able to act on your behalf for all of your businesses accounting and taxation affairs from the date that we receive your registration form.
13.0.2. We will prepare the accounts and tax return based on the records and other information and explanations provided by you.
13.0.3. Your approval will be required before we submit any accounts or returns to Companies House or HMRC.
13.0.4. We will advise you as to the amounts of tax to be paid and the dates by which you should make the payments.
13.0.5. If after we complete your accounts/tax return you should request amendments to be made to the work already completed, then a quotation will be given to you for the additional work involved. We will deal with HMRC regarding any amendments required to your return and prepare any amended returns which may be required.
13.0.6. Any overpayment that arises will be paid into our client account from HMRC and transferred to your bank account the same working day through faster payment.
13.0.7. We will undertake all correspondence with HMRC on your behalf unless instructed otherwise by you.
13.0.8. It is important that you send your records to us in good time before any deadlines. We will send out frequent reminders from the date of your financial year end so that you know that we require your records.
13.0.9. HMRC investigate a proportion of the tax returns submitted each year. Businesses are selected either at random or because submitted figures look incorrect. As long as your service with us remains active we will represent you during an investigation at no additional charge.
13.1.0. You agree that we can approach such third parties as may be appropriate for information that we consider necessary to deal with your affairs.
13.1.11. If you have registered with us as a limited company, up to 2 director’s self-assessments are included within your fee. Self-assessment periods run from 6th April one year to 5th April the next. The first one to be included in your fee will be the self-assessment period that your first company’s financial year end falls in. For example, if your first company’s financial year with us is 1st July 2017 to 30th June 2018 the self-assessment(s) included will be for period 6th April 2018 to 5th April 2019.
14. VAT Returns (if applicable)
14.0.1. We will be able to act on your behalf for all of your businesses VAT affairs from the date your registration form is received by us.
14.0.2. We will send the VAT return to you for your approval before it is submitted to HMRC.
14.0.3. We will advise you as to amounts of VAT to be paid (or repaid to you) and the dates by which you should make any payments.
14.0.4. We will undertake all correspondence with HMRC on your behalf unless instructed to do otherwise by you.
14.0.5. Please ensure all supplies made by the business are shown in the records made available to us. It should be understood that our appointment as your agent does not absolve your business from its statutory responsibilities. We would draw your attention to the strict rules and time limits for the submission of such returns and the substantial penalties which may arise if these are not observed. It is therefore essential that we receive full information from you promptly to enable us to ensure that the returns are made on a timely basis.
15. Payroll (if applicable)
15.0.1. To process your payroll we will require certain information from you. This includes:
15.0.2. Notification within two weeks of any employee who is ill for four or more calendar days, including weekends, bank holidays etc. This will enable us to operate statutory sick pay for you.
15.0.3. Notification of any employee who becomes pregnant. This will enable us to operate statutory maternity pay.
15.0.4. Details of any money or benefits made available to employees by you or by a third party through you.
15.0.5. Hours worked, rates of pay, bonuses etc.
15.0.6. Notification of employees engaged by you or leaving your employment.
15.0.7. Details of holiday pay paid to employees.
15.0.8. Any notice of coding received by you (although we should receive a copy)
15.0.9. If any casual labour is taken on, you are required to operate P46 procedures. Completed P46 forms should be supplied to us for processing. Please contact us if you would like us to explain this process.
15.1.0. RTI returns must be received by HMRC on the day that you pay employees so it is very important that we receive your payroll records on time.
15.1.1. It should be understood that our appointment as your agent does not absolve your business from its statutory responsibilities. We would draw your attention to the strict rules and time limits for the submission of such returns and the substantial penalties which may arise if these are not observed. It is therefore essential that we receive full information from you promptly to enable us to ensure that the returns are made on a timely basis.
16. Bookkeeping (if applicable)
16.0.1. If you appoint us to complete bookkeeping on your behalf, we will input your business transactions into a system that best suits your business. We will require all business documentation needed to complete the bookkeeping including sales invoices, purchase invoices, expense receipts, bank statements, paying in/cheque books and credit card statements (if applicable).
16.0.2. We will keep your paperwork until your year-end procedures have been completed, unless otherwise instructed by you. Once we have finished with your records we will return them to you via recorded delivery.
16.0.3. If you complete your own bookkeeping then we would expect to receive records in a reconciled state (if a double entry system is appropriate). We will take samples to check that the bookkeeping has been completed properly. We will bring to your attention anything that does not seem correct and will await your instructions on how to proceed before continuing with your work. If you would like us to correct any bookkeeping errors we will produce a quotation for you to agree upon before any work is carried out.
16.0.4. If after we complete your bookkeeping, you request amendments to be made to the work already completed, then a quotation will be given to you for the additional work involved.
16.0.5. When we quote a price for bookkeeping, it is based upon your estimations of the amount of monthly business transactions you have. Sometimes we find that the amount of transactions is more or less than initially estimated. In this instance we would increase/reduce the monthly fee to reflect the true amount of transactions. We always give at least 10 days’ notice prior to any changes to the bookkeeping fee.
16.0.6. If bookkeeping involves currency conversions then we must charge an additional 20p per transaction to cover the extra time that this will take
17. Contractors and IR35 (if applicable):
17.0.1. If some or all of your business relates to contracting then you should consider your risk to IR35. IR35 is legislation that aims to prevent contractors benefiting from tax advantages over that of an employee acting in a similar capacity. It is your responsibility to assess your risk to IR35 although we are happy to provide guidance and material that will help you decide whether you are likely to be inside or outside of the legislation.
18. Fair Usage policy:
18.0.1. We reserve the right to increase our fees for clients who use our service ‘excessively’ to ensure that the business relationship remains profitable. This policy would mainly be enforced for clients who consume the time of our accountants with unnecessary requests, an ‘unreasonable’ amount of questions, or queries that are not related to accountancy or the services we offer. We are aware that new clients will require more help and advice when they first register with us or if they are new to business and we do take this into consideration.
18.0.2. If we consider a client to be in breach of this policy we will notify them in writing to give a choice of either an increased fee or a reduction in their demands on the time of our accountants.
18.0.3. The unlimited help and advice included within your chosen package relates to the services you have appointed us to complete. For specialist advice or advice relating to topics outside of your selected services, we would seek to charge a reasonable fee that would be relative to the work involved, and will be agreed upon by both parties prior to any work being undertaken.
19. Anti-Money Laundering and Other regulations:
19.0.1 SwiftBooks Accounting is obliged to comply with the Money Laundering Regulations 2007, the Proceeds of Crime Act 2002 and the Terrorism Act 2000. SwiftBooks Accounting also observes the bye-laws, regulations and ethical guidelines of HMRC with respect to anti-money laundering regulations. This compliance requires us to carry out identity verification checks before allowing use of the Services. We may request and retain from you such information and documentation as we require for these purposes and/or make searches of appropriate databases and to report, in accordance with the relevant legislation and regulations. Carrying out an identity verification check will place a soft footprint on your credit file. However it will not affect your credit rating in any way.