Terms of Business

Conflicts of Interest

We have put in place procedures to identify situations where a specific legal or ethical conflict of interest may arise.   However, we cannot be certain that our procedures will identify all such situations, in part because it is difficult for us to anticipate what you would regard as a conflict.  If you are, or become, aware of any potential conflict affecting our provision of Services, you will notify us immediately.

Where a specific legal or ethical conflict, actual or potential, is identified, and we believe that implementing appropriate procedures can properly safeguard your interest, we will promptly notify you, explain the safeguards to be implemented and obtain your consent to their implementation.  There may, however, be circumstances where we consider that your position cannot be safeguarded and in such circumstances, the Engagement may be terminated.  In order to maintain confidentiality, we may not be able to explain all the reasons for terminating the Engagement.

Electronic searches

Part of our engagement process involves electronic searches which will leave an electronic enquiry footprint with credit reference agencies. This includes information required for the purpose of verifying your identity or ownership of vehicle. Such enquiry footprints will remain on your credit reference record.

Money Laundering

In common with all accountancy and legal practices, the firm is required by the Proceeds of Crime Act 2002, Terrorism Act 2000 and the Money Laundering Regulations 2007 to have identification procedures for all new clients, to maintain records of identification evidence and report in accordance with the relevant legislation and regulations.

The obligations which we have under the Act can, in certain circumstances, override the duty of client confidentiality.

Assignment

Neither of us may transfer nor assign any rights or obligations under the Terms of Engagement without the prior written consent of the other party.

Data Protection Act 1998

We process personal data about you / your business / company / partnership / its officers and employees for the purposes of providing the services set out in the Engagement Letter. This will include updating and enhancing client records, analysis for management purposes and statutory returns, crime prevention and legal and regulatory compliance  We and our business partners may contact you by mail, telephone, fax, email or other electronic messaging service with offers or information that may be of interest to you.  For quality control and training purposes we may monitor or record your communications with us.

We may need to keep your information for a reasonable period and to discuss it with your creditors and others for the purposes detailed in our Engagement Letter.  If you provide us with details about another person, you confirm that they have consented to the processing of their personal data and that you have told them of our identity and the purposes for which their personal data will be processed.

By providing us with your personal data you consent to the processing of such data in the above manner.  If at any time you wish us or our business partners to stop contacting you for marketing purposes please write to us to let us know.

Electronic communication

During the conduct of this Engagement we may wish to communicate electronically with each other.   However the electronic transmission of information cannot be guaranteed to be secure or error free, as it will be transmitted over a public network and such information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete or otherwise be adversely affected or unsafe to use.   We each agree to use reasonable procedures to check for the most recently known viruses before sending information electronically, but we recognise that such procedures cannot be a guarantee that transmissions will be virus free.

We shall each be responsible for protecting our own interests in relation to electronic communications.  Neither of us (including our partners and employees) shall be liable to each other on any basis, whether in contract, tort (including negligence) or otherwise, in respect of any error, damage loss or omission  arising from or in connection with the electronic communication of information between us or in reliance of such information.

We will discuss with you the nature and timing of the work we intend to carry out and the most effective way of implementing it.  The timetable for completion of the Engagement assumes that the information we require to carry out our work will be made available in good order on a timely basis.

Correspondence and papers

All correspondence and papers in our possession or control and generated for our internal purposes or addressed to us relating to the Engagement or the subject matter of the Engagement shall be our sole property.

File destruction

Whilst certain documents may legally belong to you, unless you tell us not to, in writing, we intend to destroy correspondence and other papers that we store, electronically or otherwise, on the expiry of 6 years after the case has closed.

Force Majeure

We will not be liable to you for any delay or failure to fulfil obligations caused by circumstances outside our reasonable control.

Liability

We accept that in engaging us to work on your behalf you will be relying upon us to ensure that the work which we do for you is done competently and in accordance with the terms of our Engagement.  However, we accept no responsibility to any person other than you in respect of such reliance, and our responsibility to you is limited to matters arising directly out of the work we have agreed to undertake for you and we accept none in respect of other matters. Only someone who is party to this agreement has the right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms. This clause does not affect any right or remedy that exists independently of the Act. The advice we give you is for your sole use and is confidential to you and will not constitute advice for any third party to whom you may communicate it. We will accept no responsibility to third parties for any aspect of our professional services or work that is made available to them. We accept no responsibility for any losses incurred by you resulting directly and solely from the facts provided by you being incorrect. . In relation to any errors or omissions and liability accepted by Unity Corporation Limited, the limit of any claim for damages will not exceed three times any fee received from you.

The limitation of liability set out above shall have no application to any liability we may have for causing death or personal injury (or any other liability which we are prohibited by law from excluding or restricting) and, naturally, we do not seek to exclude liability for any fraudulent or reckless acts or omissions on our part.

Fees (solicitors)

In the exceptional circumstances that we recommend solicitors are required to assist in the Engagement, we will inform you before they are instructed to discuss the way forward and agree on liability for their fees.

Quality Assurance

As part of our ongoing commitment to providing a quality service, our files are periodically reviewed by an independent regulatory or quality control body. These reviewers are highly experienced and professional people and, of course, are bound by the same rules of confidentiality as our Directors and staff.

Applicable Law

Our Engagement with you is governed by and interpreted in accordance with English Law.  The English Courts shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning our Engagement Letter and any matter arising from it.  Each party irrevocably waives any right it may have to object to an action being brought in those Courts, to claim that the action has been brought in an inconvenient forum, or to claim that those Courts do not have jurisdiction.

All work is carried out under these terms except where changes are expressly agreed in writing.