TERMS OF BUSINESS
Definitions
In these terms and conditions, the following words shall have the meanings given in this clause:
‘we’, ‘us’ or ‘our’ is a reference to Peace Bookkeeping.
‘you’ or ‘your’ is a reference to the person to whom we are supplying Services and who is required to pay for the Services we supply;
‘Conditions’ means the terms and conditions set out in this document and any special terms and conditions agreed in writing by us;
‘Parties’ is a reference to both us and you;
‘Premises’ means the place where we will provide the Services;
‘Price’ means the price for the Services and materials excluding VAT;
‘Services’ means the Services described on our quotation and or any variation of Services agreed.
Conditions Applicable
These Conditions shall apply to all contracts for the provision of Services by us to you to the exclusion of all other terms and conditions including any terms or conditions which you may purport to apply under any purchase order, confirmation of order or similar document.
When you sign the client contract, we and you will enter into a legally binding contract on the date you sign.
Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by us.
Fee and Payment
The fees of the Services provided shall be as per the quoted price in our quotation. Any
amendment to the Services price agreed will be provided to you within seven days.
The fee for the Services provided will be invoiced on a monthly basis.
Payment for Services must be received within seven days of the invoice date. Time for payment shall be of the essence. A Direct Debit facility is also available to meet payment terms.
Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 4% above base rate from time to time in force and shall accrue at such a rate after as well as before any judgment. We may claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
VAT
Peace BookKeeping is non-VAT registered company and the price quoted is a NET figure.
The Services to be provided
The description of the Services which are to be provided by us shall be as set out in the agreed client contract.
Variations from Original Quotation
All variations from original agreed quotation of Services to be provided must be approved in writing prior to commencement. The variations will then be costed and a revised monthly fee will be recorded and thereafter invoiced.
Standard of Providing the Services
The Services which are provided by Peace BookKeeping are governed by the principles of the Association of Accounting Technician (AAT).
Peace Bookkeeping are registered with HMRC for Money Laundering Supervision.
Peace Bookkeeping only use approved software accounting systems which include Sage and Xero.
Providing the Services
We will provide the Services to you as per agreed quotation. If specified dates are agreed, for example for returns such as VAT and CIS these will be adhered too. If attendance at your premises are agreed for specific days, these will be equally adhered to.
Limitation of Liability
If any part of the Services is performed negligently or in breach of the provisions of these terms of business, on your request, we will carry out such work to rectify the position.
Our liability under or in connection with this contract whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever shall not exceed the Price you have paid us.
Except to the extent permitted by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any negligence or breach of the contract on our part and we shall have no liability to pay any money to you by way of compensation other than to refund to you the Price you have paid to us.
Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
We are not liable for any penalty fine incurred where appropriate documentation has not been submitted to us within the timescales specified and required by us. For example late VAT return fine.
Situations or events beyond our control
There are certain situations or events which will occur which are not within our reasonable control (some examples are detailed below). Where one of these occurs we will normally attempt to recommence performing the Services as soon the situation which has stopped us performing the Services has been resolved. In such circumstances there may be a delay (sometimes a substantial delay) before we can start or continue performing the Services.
The following are examples of events or situations which are not within our reasonable control:
• where weather conditions make it impossible or unsafe for us to travel to perform any of the Services;
• if software required to perform the service is unavailable.
• where you make a change in the Services you wish us to perform (and this results in, for example, us having to do additional work);
• where we have to wait for other providers of Services (who have been engaged by you) to complete their work before we are able to perform the Services (or the relevant part of the Services dependent on the other provider if ordered at short notice);
• where you have requested us to be on-site and we are unable to gain access to the Premises to carry out the Services at the times and dates we have agreed with you;
• for other unforeseen or unavoidable event(s) or situation(s) which is (are) beyond our control.
Force Majeure
Neither party shall be liable for failure to perform its obligations under the terms of this Agreement if such failure results from circumstances beyond the party’s reasonable control.
Data Protection Act 2018 (inclusive of GDPR)
We confirm that we will comply with the provisions of the Data Protection Act 2018 when processing personal data about you. In order to carry out the Services and for related purposes such as updating and enhancing our client records, analysis for management purposes, regulatory compliance and crime prevention we may obtain, process, use and disclose personal data about you. Your data will be confidentially held and securely stored by us and purely used for the Services provided by us to you. Your personal data will not be shared with a third party without your written consent unless for the purposes identified above or a legal requirement.
By agreeing to the Services, you provide your written consent that we may hold your personal data for the duration of the agreement in accordance with the General Data Protection Regulation.
On termination of this Agreement your personal data will be kept for seven years for accounting purposes only, and thereafter deleted in accordance with the General Data Protection Regulation.
Confidentiality
In the course of the provision of the Services we are likely to have access to secret or confidential information (whether recorded in writing or on computer disk or in any other manner) regarding the affairs of you, your clients, customers and business associates.
During the provision of the Services and after the cessation of such provision we shall not disclose, divulge or communicate directly or indirectly to any third party any such Confidential Information without your prior written consent.
This obligation will continue after the termination of the Agreement unless and until any such information enters the public domain other than through any breach of this provision by you. If there is any doubt as to whether information is confidential or not, we will contact you to seek clarification.
Restrictive Covenant
You are liable for an employment referral fee of £1,000.00 per person, should you directly employ (either legally or on a cash basis) anyone currently employed/sub-contracted by us within six months of termination of Services.
You agree to pay this fee whether you notify us of your action or we discover this employment independently at any time after it occurs. You further agree to reimburse us for any and all collection or legal fees the Company incurs in collecting this fee.
Entire Agreement
These Conditions set out the whole of our agreement relating to the supply of the Goods and/or Services to you by us. Nothing said by ourselves, by any salesperson, agent, employee, director or other representative on our behalf should be understood as a variation of these Conditions or as an authorised representation about the nature or quality of any Services offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
Termination of Contract
Either party may terminate the agreed Services by giving 30 days prior notice. Termination of agreed Services must be undertaken in writing.
At our discretion we reserve the right to charge for all work carried out or expenses incurred in relation to the order before the acceptance of the termination. However, if less than 30 days notice is provided a £500 cancellation charge will apply.
Bookkeeping will be finalised on termination date and issued electronically. However, if fees remain outstanding, electronic files will be withheld until outstanding balance is settled.
Contact Details
Our business contact address is Peace Bookkeeping, Marlborough House, 33 Park Street West, Luton LU1 3BE, Telephone Number: 01582 227158, Email Allison@peacebooks.co.uk.
Complaints
If you have any complaints about the Services provided by us, please contact Allison Peace, Peace Bookkeeping, Marlborough House, 33 Park Street West, Luton LU1 3BE, Telephone Number: 01582 227158, Email Allison@peacebooks.co.uk.
Third Parties
For the purposes of the Contracts (Rights of Third Parties) Act 1999 this is not intended to and does not given any person who is not a party to it any right to enforce any of its provisions.
Proper law of contract
These terms of business shall be governed and construed by the law of England and Wales and you and we agreed to submit to the exclusive jurisdiction of the courts of England and Wales.
