Terms of Business

These are the standard Terms of Business for TrustPoint Accounting Services Ltd.
 

They apply to all services we provide, alongside your specific Engagement Letter and Schedule of Services, which together form our contractual agreement.

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Website Terms of Use
 

By accessing or using this website, you agree to the following terms:
 

• The content on this website is provided for general information only. It is not professional, financial, accounting or tax advice, and should not be relied upon as such.

• No liability is accepted for any loss, damage or inconvenience arising from reliance on information contained on this site.

• All text, branding, graphics, images, layout and design elements are the intellectual property of TrustPoint Accounting Services Ltd and may not be copied, reproduced or adapted without our written consent.

• Links to third-party websites are provided for convenience only. We do not endorse or take responsibility for the content, accuracy, security or availability of external websites.

• We do not guarantee that the website will always be available, uninterrupted or free from errors, viruses or technical issues. Users should ensure they have up-to-date anti-virus protection.

• We may update, amend or withdraw website content at any time without notice.

• These Website Terms of Use form part of, and should be read together with, our full Terms of Business.
   

The information above relates only to use of this website. For the terms governing our professional services, please refer to your Engagement Letter, Schedule of Services and the full Terms of Business below.

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Terms of Business

 

1. Applicable Law

 

Our engagement letter, the schedule of services and these standard terms are governed by the laws of England and Wales.

Both parties agree that the courts of England and Wales shall have exclusive jurisdiction over any dispute or difference concerning this engagement.

 

2. Client Identification

 

We are required to identify our clients for the purposes of the UK Anti-Money Laundering Regulations.

We may request and retain such information and documentation as we require for these purposes and may make searches of appropriate databases.

 

3. Client Monies

 

We do not ordinarily hold client money.

If we need to do so temporarily (for example, where funds must be received on your behalf), such money will be held in trust in a separate client bank account, maintained in accordance with AAT licensing and regulatory requirements.

 

4. Commissions and Other Benefits

 

In some circumstances, we may receive commissions or other benefits for introductions to other professionals or in respect of transactions arranged for you.

Where this happens, we will notify you in writing of the amount and terms of payment and receipt.

 

5. Complaints

 

We are committed to providing a professional and efficient service.

If you have any cause for concern about our work, please contact Stan Olestsenko in the first instance at info@trustpointaccounting.co.uk or by telephone on 02380 016019.

 

We will acknowledge your complaint within five working days and aim to resolve it within 21 days.

 

If you remain dissatisfied, you may refer the matter to our professional body, the Association of Accounting Technicians (AAT).

Details of how to raise a complaint with AAT are available at

www.aat.org.uk/membership/standards-requirements/complaints and in our Client Complaints Policy (available on our website).

 

6. Confidentiality

 

All communication between us is confidential.
 

We will take all reasonable steps to keep your information secure, except where disclosure is required by law, by a regulator or supervisory authority, by our insurers or legal advisers, or as part of an external quality review.

 

We are licensed and supervised by the Association of Accounting Technicians (AAT) and bound by the AAT Code of Professional Ethics.

We act with integrity, objectivity, professional competence, due care, confidentiality, and professional behaviour.

 

Where disclosure is required by law (for example under the UK Anti-Money Laundering regime), our legal duties take precedence.

 

We may, on occasion, subcontract work or use third-party service providers (including secure cloud platforms such as Microsoft 365 and the Engager App Client Portal).

All such providers are bound by confidentiality and appropriate data-processing terms so your information remains protected.

 

We will not publicly identify you as a client or use your name or logo in marketing without prior written consent.

 

Further details on how we collect, use, and retain personal data are available in our Privacy Policy.

 

7. Conflicts of Interest

 

If we become aware of any conflict of interest between you and another client, we will promptly inform you and take reasonable steps to resolve it.
 

Where conflicts cannot be managed in a way that protects your interests, we will withdraw from acting.

 

8. Data Protection

 

We comply with the UK GDPR and Data Protection Act 2018.

Personal data is processed only for legitimate business purposes, such as performing our contractual duties, maintaining client records, and fulfilling statutory obligations.

Full details are set out in our Privacy Policy.

 

9. Disengagement

 

If we resign, or you request us to do so, we will issue a disengagement letter confirming our mutual responsibilities.

If we have no contact with you for a prolonged period, we may also issue such a letter and cease to act.

 

10. Electronic and Other Communication

 

Unless instructed otherwise, we may communicate by email or other electronic means.

While we take precautions, electronic communication is not completely secure.

We cannot accept liability for loss or damage caused by viruses, interception or corruption after dispatch.

If you prefer not to communicate electronically, please inform us.

 

Mail sent by post is deemed to arrive within two working days of dispatch.

 

11. Fees and Payment Terms

 

Our fees are based on skill, responsibility, complexity and value, not solely on time spent.

Fixed or estimated fees are not binding unless expressly agreed in writing.

 

Invoices are payable within 30 days of issue and are subject to VAT where applicable.

We reserve the right to charge interest on overdue invoices at 8% above the Bank of England base rate, under the Late Payment of Commercial Debts (Interest) Act 1998.

 

If payment is unduly delayed, we may suspend work or cease acting for you after giving notice.

 

Any fee disputes must be raised within 14 days of invoice date; otherwise, the invoice is deemed accepted.

 

Referral Programme

 

We may offer clients a referral credit for introducing new clients who sign an engagement and remain active for at least three months.

Credits are applied as deductions from future invoices, are non-transferable, and cannot be exchanged for cash.

We reserve the right to amend or withdraw the programme at any time.

 

Discretionary Discounts

 

From time to time we may apply a discretionary discount to our standard fees.

Such discounts are non-contractual, may be varied or withdrawn at any time, and are applied transparently on invoices.

 

12. Implementation

 

We will only assist with implementing our advice if specifically instructed and agreed in writing.

 

13. Intellectual Property Rights

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We retain all copyright in documents prepared by us, except where the law provides otherwise.

 

14. Interpretation

 

If any provision of these terms is found to be void or unenforceable, the remaining provisions shall continue in full force.

Where these terms conflict with your engagement letter or schedule, the engagement letter takes precedence.

 

15. Internal Disputes Within a Client

 

Our client is the business entity, not its individual owners or directors.

If internal disputes arise, we will act only on instructions agreed by all parties or the authorised representative body.

 

16. Investment Advice (Including Insurance Mediation Services)

 

We are not authorised by the Financial Conduct Authority (FCA).

If investment or insurance advice is required, we will refer you to an appropriately authorised adviser.

 

17. Lien

 

Where permitted by law, we may exercise a lien over documents and records relating to you until all outstanding fees and disbursements are paid in full.

 

18. Limitation of Liability

 

We provide our services with reasonable care and skill.

Unless otherwise agreed in writing, our aggregate liability (including that of our directors, employees and agents) for any loss or damage arising from or in connection with this engagement shall not exceed one year’s chargeable fees for the relevant engagement.

 

We are not liable for losses arising from:

 

• acts or omissions of others;

• incomplete, false, or misleading information provided to us; or

• failure to act on our advice.

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We are not liable for delays or failures caused by circumstances beyond our reasonable control.

 

Nothing in these terms excludes liability for fraud, wilful misconduct, death or personal injury caused by our negligence, or any other liability that cannot lawfully be excluded.

 

19. Limitation of Third-Party Rights

 

Our advice and information are for your sole use and not for any third party unless specifically agreed in writing.

No third party has rights to enforce any term of this agreement under the Contracts (Rights of Third Parties) Act 1999.

 

20. Period of Engagement and Termination

 

Unless otherwise agreed, our work begins when you accept our engagement letter.

 

Either party may terminate this agreement by giving 30 days’ written notice, except where termination is immediate due to non-cooperation or provision of misleading information.

 

Upon termination, you remain liable for fees up to the effective termination date.

 

21. Professional Rules and Statutory Obligations

 

We observe and act in accordance with the bye-laws, regulations and ethical guidelines of the Association of Accounting Technicians (AAT).

We may correct HMRC errors on your behalf when identified.

We will not be liable for loss arising from compliance with statutory or regulatory duties.

 

22. Reliance on Advice

 

We will endeavour to record all important advice in writing.

Oral advice is not intended to be relied upon unless subsequently confirmed in writing.

 

23. Retention of Papers

 

You are legally responsible for retaining records relevant to your tax affairs.

We may destroy correspondence and documents older than seven years, unless you ask us in writing to retain them longer.

 

24. The Provision of Services Regulations 2009 (‘Services Directive’)

 

We are required to hold professional indemnity insurance.

Details of our insurer and territorial coverage are available on request.

 

Regulatory Status

Stan Olestsenko and Kevin Waterfield are licensed and regulated by AAT to provide services in accordance with licence numbers 1009401 and 1009400, details of which are displayed at the address shown. AAT is recognised by HM Treasury to supervise compliance with the Money Laundering Regulations and TrustPoint Accounting Services Ltd is supervised by AAT in this respect.
 

We are bound by the AAT Code of Professional Ethics.