The following terms of business apply to all engagements accepted by Plan B Financial Solutions Ltd.

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

1. Professional Rules and Guidelines

1.1 We observe the bye-laws, regulations, and ethical guidelines of relevant professional bodies. We confirm our compliance with these standards, which are available upon request or on the relevant websites.

2. Bribery Act 2010

2.1 We comply with the Bribery Act 2010 and have measures in place to prevent bribery within our firm.

3. Investment Services

3.1 We are not authorised by the FCA but may provide limited investment services related to our professional services under the supervision of qualified professionals. We will not recommend specific investments but may refer you to third-party providers.

4. Commissions or Other Benefits

4.1 We may receive commissions for introductions or transactions arranged for you. Unless otherwise agreed in writing or meant for you directly, these commissions may be kept by us as fees for these services.

5. Client Money

5.1 Any client money held by us will be managed in accordance with professional guidelines, in a segregated client bank account.

6. Retention of Records

6.1 You are responsible for retaining relevant tax records. We will return original documents on request and may destroy records older than seven years unless instructed otherwise.

7. Conflicts of Interest and Independence

7.1 We reserve the right to act during this engagement for other clients whose interests may be averse to yours. We will notify you immediately should we become aware of any conflict of interest to which we are subject in relation to you.

8. Confidentiality

8.1 We confirm that where you give us confidential information we shall at all times keep it confidential, except as required by law or as provided for in regulatory, ethical or other professional statements relevant to our engagement.

8.2 You agree that we will be complying sufficiently with our duty of confidence if we take steps that we in good faith think fit to keep appropriate information confidential during and after our engagement.

8.3 We may, on occasions, subcontract work on your affairs to other tax or accounting professionals. The subcontractors will be bound by our client confidentiality and data security terms.

8.4 We reserve the right, for the purpose of promotional activity, training or for other business purpose, to mention that you are a client. As stated above we will not disclose any confidential information.

9. Service Quality

9.1 If you are dissatisfied with our services, please contact us directly. We will address any concerns promptly. If unresolved, you may refer the matter to the relevant regulatory body.

10. Lien

10.1 Insofar as permitted to do so by law or professional guidelines, we reserve the right to exercise a lien over all funds, documents and records in our possession relating to all engagements for you until all outstanding fees and disbursements are paid in full.

11. Limitation of Liability

11.1 Professional Duty of Care: We will provide our professional services with reasonable care and skill. However, we shall not be liable for any loss, damage, or expense incurred by you due to any inaccuracies, errors, or omissions in the information or documents provided by you or third parties.

11.2 Exclusion of Liability for Client Actions: We will not be liable for any loss or damage arising from your failure to act on advice provided by competent & certified parties, provide us with accurate information, or respond to our communications in a timely manner.

11.3 Third-Party Information: We rely on the accuracy of information provided by third parties. We will not be held responsible for any losses arising from inaccuracies or misrepresentations in third-party information provided to us or used in the performance of our services.

11.4 Limitation of Aggregate Liability: Our total aggregate liability to you or any third party for any losses arising from our services, whether in contract, tort, or otherwise, shall not exceed 12 times the monthly fee agreed upon in the engagement letter or the average amount having been charged monthly in the previous 12 months.

11.5 No Personal Liability: You agree not to bring any claim against any of our employees, directors, or agents personally. Any claim you may have arising out of our services will be solely against Plan B Financial Solutions Ltd.

11.6 Indirect and Consequential Losses: We will not be liable for any indirect or consequential losses, including but not limited to loss of profits, revenue, anticipated savings, or business opportunities.

11.7 Exclusion for External Events: We shall not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including but not limited to natural disasters, pandemics, war, or governmental actions.

11.8 Exclusion of Liability Relating to Fraud: We will not be responsible for any loss, damage, or expense arising from fraudulent acts, misrepresentation, or wilful default by you, your employees, or any other third party.

11.9 Indemnity for Unauthorised Disclosure: You agree to indemnify us against any claims, including negligence, arising from the unauthorised disclosure of our advice, opinions, or documents to third parties.

11.10 Timely Notification of Claims: Any claim against us must be notified to us in writing within 12 months of the date on which you became aware, or ought reasonably to have become aware, of the circumstances giving rise to the claim.

12. Electronic Communication

12.1 We will communicate with you and with any third parties you instruct us to via email or by other electronic means. The recipient is responsible for virus-checking emails and any attachments.

12.2 With electronic communication there is a risk of non-receipt, delayed receipt, inadvertent misdirection or interception by third parties. We use virus-scanning software to reduce the risk of viruses and similar damaging items being transmitted through emails or electronic storage devices. However, electronic communication is not totally secure and we cannot be held responsible for damage or loss caused by viruses, nor for communications that are corrupted or altered after despatch. Nor can we accept any liability for problems or accidental errors relating to this means of communication, especially in relation to commercially sensitive material. These are risks you must accept in return for greater efficiency and lower costs. If you do not wish to accept these risks, please let us know and we will communicate by hard copy, other than where electronic submission is mandatory.

12.3 Any communication by us with you sent through the post or DX system is deemed to arrive at your postal address two working days after the day that the document was sent.

13. Data Protection

13.1 We confirm that we will comply with the provisions of the General Data Protection Regulation (GDPR) when processing personal data about you and those within your firm and/or employees and your/their family/ies.

Processing means:

• obtaining, recording or holding personal data; or

• carrying out any operation or set of operations on personal data, including collecting and storage, organising, adapting, altering, using, disclosure (by any means) or removing (by any means) from the records manual and digital.

The information we obtain, process, use and disclose will be necessary for:

• the performance of the contract

• to comply with our legal and regulatory compliance and crime prevention

• contacting you with details of other services where you have consented to us doing so

• other legitimate interests relating to protection against potential claims and disciplinary action against us.

This includes, but is not limited to, purposes such as updating and enhancing our client records, analysis for management purposes and statutory returns.

13.2 In regard to our professional obligations we are a member firm of the Institute of Certified Bookkeepers (ICB). Under the ethical and regulatory rules of ICB we are required to allow access to client files and records for the purpose of maintaining our membership of this body.

13.3 We confirm that we will always comply with the requirements of the Data Protection Act 1998 when processing data on your behalf.

13.4 For accounting and other services the firm is acting as Data Controller.  To enable us to discharge the services agreed under our engagement, and for other related purposes including updating and enhancing client records, analysis for management purposes and statutory returns, crime prevention and legal and regulatory compliance, we may obtain, use, process and disclose personal data about your business its officers and employees.

13.5 The processing of personal payroll data where the firm is acting as a data processor places additional requirements on the firm in connection with the Data Protection Act 1998.  Sections 11 and 12 of the Data Protection Act 1998 place express obligations on you as a data controller where we as a data processor undertake the processing of personal data on your behalf.

14. Money Laundering Regulations 2024

14.1 We comply with the Money Laundering Regulations 2024, requiring us to implement risk-based policies to prevent money laundering and terrorist financing. We may request identification documents and perform due diligence before establishing a business relationship.

14.2 We are legally obliged to report any suspicious activities to the National Crime Agency (NCA) without notifying you. Records related to these regulations will be retained for a minimum of five years after the end of our engagement unless required for longer by law.

15. Quality Control

15.1 Our work may be subject to review for quality control or regulatory purposes by third parties bound by confidentiality.

16. Contracts (Rights Of Third Parties) Act 1999

16.1 Only someone who is a 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.

16.2 The advice we give you is for your sole use and is not for any third party to whom you may communicate it. We accept no responsibility to third parties for any aspect of our professional services or work that is made available to them.

17. Fees

17.1 Our fees are generally charged as a fixed monthly sum, or as agreed in the individual letter of engagement.

17.2 Should additional work be required beyond what was initially agreed upon, we reserve the right to charge extra fees. We will notify you in advance if this occurs, and these additional charges will be discussed and agreed upon before the work is undertaken.

17.3 Invoices for these fees are payable on presentation. We reserve the right to charge interest on overdue accounts at 3% per year over the base rate.

18. Implementation

18.1 We will only assist with implementing our advice if specifically instructed.

19. Intellectual Property

19.1 We retain all intellectual property rights in documents produced during our engagement.

20. Applicable Law

20.1 Our engagement with you is governed by, and interpreted in accordance with, English law. The Courts of England shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning our engagement letter and terms of business and any matter arising from them. Each party irrevocably waives any right it may have to object to any 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

21. Period Of Engagement And Termination

21.1 Unless otherwise agreed in the engagement covering letter our work will begin when we receive your implicit or explicit acceptance of that letter. Except as stated in that letter we will not be responsible for periods before that date or from prior to 6th Aug 2020.

21.2 Each of us may terminate this agreement by giving not less than 21 days notice in writing to the other party except where you fail to cooperate with us or we have reason to believe that you have provided us or HMRC with misleading information, in which case we may terminate this agreement immediately. Termination will be without prejudice to any rights that may have accrued to either of us prior to termination.

21.3 In the event of termination of this contract, we will endeavour to agree with you the arrangements for the completion of work in progress at that time, unless we are required for legal or regulatory reasons to cease work immediately. In that event, we shall not be required to carry out further work and shall not be responsible or liable for any consequences arising from termination.

22. Disengagement

22.1 Should we resign or be requested to resign a disengagement letter will be issued to ensure that our respective responsibilities are clear. Should we have no contact with you for a period of twelve months or more we may issue a disengagement letter or simply cease to act.