The terms
and conditions as set out on this page shall govern the agreement between
us. No other terms and conditions shall apply to this contract unless we
have agreed special terms and conditions in writing signed by both parties.
Parties
to this agreement.
2. The
parties to this agreement are “The Client” which means any person, firm
Company unincorporated association or other body at whose request or on
whose behalf “The Provider” undertakes to provide services and “The
Provider” which means MKBS Ltd trading as M.A.Smith & Co. or as “The Mobile
Accountant”
Responsibilities of the Provider.
3. We shall compile Accounts, VAT
Returns, Wages and PAYE, Training, Business advice and other General
Business Administration based on the accounting records maintained by you
and the information and explanations given by you to us. If instructed by
you we shall prepare draft annual reports. We shall plan our work on the
basis that no report is required by statute or regulation for the year
unless you inform us to the contrary.
4. Our
work as the compilers of the annual accounts will not be an audit of the
accounts in accordance with Auditing Standards. Consequently our work will
not provide assurance that the accounting records are free from material
misstatement, whether caused by fraud, other regularities or error.
5. We
shall report that in accordance with your instructions and in order to
assist you to fulfil your responsibilities, we have complied, without
carrying out an audit, the accounts from the accounting records of the
company and from the information and explanations supplied to us.
6. As part
of our normal procedures we may request you to provide a written
confirmation of any information or explanations give to us orally during the
course of our work.
7. We may
if instructed prepare payroll services and furnish you with monthly
payslips and amounts payable to the Inland Revenue. We would also calculate
Statutory Sick Pay and Statutory Maternity Pay from the information supplied
by yourself. We would also prepare PAYE year end returns.
8. All
information prepared by us would be subject to current legislation and based
upon our understanding of your business and of current legislation. All
information prepared would be based upon information and explanations
supplied to us, and you must ensure all information is checked for
correctness within seven days of receipt by you. 8. We may if instructed
prepare VAT Returns and book-keeping on a manual or computerised basis for
your business. We will do our utmost to ensure all work is carried out to
the highest possible standard however no liability is accepted for any
errors and omissions that may occur from time to time.
Responsibilities
of the Client.
9. As
Directors or principals of the business, you are responsible for ensuring
that the company maintains proper accounting records and for preparing
accounts which give a true and fair view and which in the case of a limited
company have been prepared in accordance with the Companies act 1985 and any
subsequent acts.
10. 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.
11.You are responsible for determining whether, in respect of
the year, the company meets the conditions for the exemption from the audit
of the accounts set out in section 249A of the Act, and for determining
whether, in respect of the year, the exemption is not available for any of
the reasons set out in section 249B.
12.You are personally 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 occurs.
13.You are responsible for ensuring that the company complies
with any laws and regulations applicable to its activities, and for
establishing arrangements designed to prevent any non-compliance with the
laws and regulations and to detect any that may occur.
14.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.
15. You agree to indemnify us, our principals and staff
against any misrepresentation intentional or unintentional supplied to us
orally or in writing in connection with this agreement.
Time
16. Time shall not be of the essence in this agreement unless
specifically agreed in writing and signed by both parties.
Fees
17. Our fees will be calculated on the basis of the time
spent on your affairs by the principals and our staff and on the levels of
skill and responsibility involved. We may have already given you an estimate
of the fee for the current year. If while we are preparing the accounts we
find that it the fee is likely to be higher than estimated we will contact
you as soon as possible to advise you of the new estimate.
18.Our fees are payable in full on presentation of invoice,
less any standing order or payments received or amounts paid on account.
Should payment not be received within 30 days of issue of any Invoice by the
Provider. The Provider may impose a surcharge equivalent to the rate of 2%
per month of the amount unpaid. Should the client be a Limited Company then
the Directors of the said limited company agree to settle the providers
invoice in full personally should the Company be placed in Receivership or
Liquidation or fail to settle any invoice within 90 days of date of issue.
19. Our fees may include costs paid out on behalf of the
client and expenses incurred in relation to the client, including but not
limited to Mileage costs, Telephone, Mobile, Email, Stationery and postage,
computer software and other computer related expenses. The Client agrees to
settle these costs and expenses on the same basis as the providers fees. All
Fees subject to the addition of VAT at the current rate where applicable.
20.All goods supplied remain the property of the Provider
until payment is received in full.
21. All Monthly Management Accounting and Payroll services
are subject to three calendar months notice on cancellation or else will be
subject to 3 months charge in lieu of such notice
Agreement
of Terms
22. Once
it has been agreed, whether in writing, verbally or simply by the continued
relationship between the parties after the issue of these terms. These terms
shall remain in force until replaced.
Confidentiality
23 We are fully registered under the
Data Protection Act as a Computer Bureau and User and therefore all
information is subject to the provisions of the act.
Law
24 The
construction validity and performance of these conditions shall be governed
in all respects by English Law and the parties agree to the exclusive
jurisdiction of the English Courts.
Martyn
A Smith A.F.A
Incorporated Financial Accountant
MKBS
Limited
24
Coneygate,
Meppershall, Beds SG17 5GB
Telephone:
0845 094 1436
