Terms & Conditions
Avis Formations Limited
94 Greenfield Business Centre, Greenfield, Holywell CH8 7GR
t: 01352 717 090 f: 01352 711 775 w: www.avisformations.co.uk e: email@example.com
Company Registration Number 2892517 • Vat number: 618 7564 10
STANDARD TERMS AND CONDITIONS OF BUSINESS
1. Applicable Law
These terms and conditions of business are governed by, and should be construed in accordance with English law. Each party agrees that the courts of England will have exclusive jurisdiction in relation to any claim, dispute or difference concerning these terms and conditions and any matter arising from it. Each party irrevocably waives any right to object to any action being brought in those Courts, to claim that the action has been brought in an inappropriate forum, or to claim that those Courts do not have jurisdiction.
2. Client identification
As with other professional services firms, we are required to identify our clients for the purposes of the UK anti-money laundering legislation. We may request from you, and retain, such information and documentation as we require for these purposes and/or make searches of appropriate databases.
3. Commissions and other benefits
In some circumstances we may receive commissions or other benefits for introductions to other professionals or in respect of transactions which we arrange for you. You agree to us receiving such commissions or benefits. The fees you would otherwise pay will not be reduced by the amount of commissions or benefits.
We are committed to providing you with a high quality service that is both efficient and effective. However, should there be any cause for complaint in relation to any aspect of our services please contact Christine Avis. We agree to look into any complaint carefully and promptly and do everything reasonable to put it right.
Communication between us is confidential and we shall take all reasonable steps to keep confidential your information except where we are required to disclose it by law, by regulatory bodies, by our insurers or as part of an external peer review. We may, on occasions, subcontract work on your affairs to tax or accounting professionals. The subcontractors will be bound by our client confidentiality terms. 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.
6. Conflicts of interest
We will inform you if we become aware of any conflict of interest in our relationship with you or in our relationship with you and another client. Where conflicts are identified which cannot be managed in a way that protects your interests then we regret that we will be unable to provide further services. If there is a conflict of interest that is capable of being addressed successfully by the adoption of suitable safeguards to protect your interests then we will adopt those safeguards. Where possible this will be done on the basis of your informed consent. We reserve the right to act for other clients whose interests are not the same as or are adverse to yours subject of course to the obligations of confidentiality referred to above.
7. Data Protection
We confirm that we will comply with the provisions of the Data Protection Act 1998 when processing personal data about you and your family. In order to carry out the services commissioned and for related purposes such as updating and enhancing our client records, analysis for management purposes and statutory returns, legal and regulatory compliance and crime prevention we may obtain, process, use and disclose personal data about you.
8. Electronic and other communication
Unless you instruct us otherwise we may, where appropriate, communicate with you and with third parties via email or by other electronic means. The recipient is responsible for virus checking emails and any attachments. 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 which 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 bear 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 paper mail, other than where electronic submission is mandatory. Any communication by us with you sent through the post system is deemed to arrive at your postal address two working days after the day that the document was sent.
8. If you wish to use one of our providers listed on this site you will enter into agreements and engagements with them and their terms and conditions will apply.
9. Fees and payment terms
Our fees are fixed fees as listed on this site or by agreement and we reserve the right to amend them at any time. Should we do so we will inform you of any change. Fees are to be paid at the point of sale. If you commission any work not listed on this site or with amendments we will give you a guide price that will be valid for 21 days. Should you commission any work with our sister company Copplestones or any other company listed on this site you will be subject to their policies under their terms and conditions.
We will only assist with implementation of our advice if specifically instructed and with agreement to our terms and conditions.
11. Intellectual property rights
We will retain all copyright in any document prepared by us during the course of carrying out work commissioned save where the law specifically provides otherwise.
If any provision of these terms and conditions or enclosed schedules is held to be void, then that provision will be deemed not to form part of this contract. In the event of any conflict between these terms and conditions and any appendices, the relevant provision in the terms and conditions or schedules will take precedence.
If, during the provision of professional services to you, you need advice on investments, including insurances, we may have to refer you to someone who is authorised by the Financial Services Authority or licensed by a Designated Professional Body as we are not.
Insofar as we are permitted to 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.
15. Limitation of liability
We will provide our services with reasonable care and skill. Our liability to you is limited to losses, damages, costs and expenses caused by our negligence or wilful default.
Exclusion of liability for loss caused by others
We will not be liable if such losses, penalties, surcharges, interest or additional tax liabilities are due to the acts or omissions of any other person or due to the provision to us of incomplete, misleading or false information or if they are due to a failure to act on our advice or a failure to provide us with relevant information.
Exclusion of liability in relation to circumstances beyond our control
We will not be liable to you for any delay or failure to perform our obligations under these terms and conditions if the delay or failure is caused by circumstances outside our reasonable control.
Exclusion of liability relating to the discovery of fraud etc.
We will not be responsible or liable for any loss, damage or expense incurred or sustained if information material to the service we are providing is withheld or concealed from us or misrepresented to us. This applies equally to fraudulent acts, misrepresentation or wilful default on the part of any party to the transaction and their directors, officers, employees, agents or advisers. This exclusion shall not apply where such misrepresentation, withholding or concealment is or should (in carrying out the procedures which we have agreed to perform with reasonable care and skill) have been evident to us without further enquiry.
Indemnity for unauthorised disclosure
You agree to indemnify us and our agents in respect of any claim (including any claim for negligence) arising out of any unauthorised disclosure by you or by any person for whom you are responsible of our advice and opinions, whether in writing or otherwise. This indemnity will extend to the cost of defending any such claim, including payment at our usual rates for the time that we spend in defending it.
Limitation of aggregate liability
Where the terms and conditions specifies an aggregate limit of liability, then that sum shall be the maximum aggregate liability of this company, its directors, agents and employees to all persons to whom agreed to the terms and conditions and also any other person that we have agreed with you may rely on our work. In any case, our total liability to you for any work or advice that we carry out is limited to 500% of the fees paid in aggregate (less VAT) in the preceding 12 months of the date of the claim. By agreeing to the terms and conditions you agree that you have given proper consideration to this limit and accept that it is reasonable in all the circumstances. If you do not wish to accept it you should contact us to discuss it before ageing using the tick box.
Limitation of Third Party rights
The advice and information we provide to you as part of our service is for your sole use and not for any third party to whom you may communicate it unless we have expressly agreed in our terms and conditions that a specified third party may rely on our work. We accept no responsibility to third parties, including any group company to whom have not specifically agreed to our terms and conditions, for any advice, information or material produced as part of our work for you which you make available to them. A party to this agreement is the only person who has the right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.
16. Retention of papers
You have a legal responsibility to retain documents and records relevant to your business affairs. During the course of our work we may collect information from you and others relevant to your business affairs. Documents and records held by us and relevant to your business affairs that are required by law to be retained are as follows:
Money Laundering identification:
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 5 years old. You must tell us if you require the return or retention of any specific documents for a longer period.
• 5 years from the end of the business relationship.