Introduction
These Terms of Service set out the basis on which you may use this website and on which GDS ACCOUNTANTS LTD provides accounting, tax preparation, bookkeeping, payroll and company secretarial services. Please read them carefully. By using this website or by instructing the Company to act, you agree to be bound by these terms to the extent that they apply to you. If you do not agree with any part of them, you should not use the website and you should contact us before instructing the Company so that any concern can be addressed. The developer named in this introduction is GDS Accountants, the trading identity under which the registered company carries on business.
Definitions
In these terms, the Company, we, us and our mean GDS ACCOUNTANTS LTD, registered in the United Kingdom with a registered office at 71-75 Shelton Street, Covent Garden, LONDON - WC2H 9JQ, United Kingdom (GB). Client means a person or entity that engages the Company to provide services. Services means the accounting, tax, bookkeeping, payroll, company secretarial and related work described on this website or agreed in writing. Engagement means the arrangement under which the Company provides services to a client. Website means the pages published under the domain used by the Company. Business Day means a day other than a Saturday, Sunday or public holiday in the United Kingdom. Writing includes email and any other durable medium.
Scope of Services
The Company provides annual accounts preparation, self assessment and personal tax services, bookkeeping and ledger management, payroll and workplace pensions, VAT returns and compliance, and company secretarial filings. The precise scope of any engagement is confirmed in a written proposal, engagement letter or email before work begins, and it may cover one service or several. Work that falls outside the agreed scope, including additional filings, advisory projects, or work arising from an enquiry or an inspection, may be treated as a separate engagement and may attract a separate fee, which we will discuss with you before carrying it out.
Descriptions of services on this website are provided for general information and do not by themselves constitute an offer capable of acceptance. The Company may decline an engagement for any lawful reason, including where a conflict of interest exists, where the required information is not provided, or where the conditions for accepting the work are not met.
Formation of an Engagement
An engagement begins when the Company confirms acceptance in writing, or when work commences following your instructions, whichever occurs first. The engagement is governed by these terms, by the accepted proposal, and by any additional terms agreed in writing, which together form the entire agreement between the parties on the subject matter. Where there is a conflict, the accepted proposal takes priority over these terms for the specific engagement, unless the parties agree otherwise in writing.
Unless stated otherwise, the engagement relates to a single accounting period or a defined piece of work, and it ends when that work is completed. A continuing arrangement may be agreed for recurring services such as payroll or bookkeeping, and it will continue until terminated under the termination provisions below.
Client Obligations
You agree to provide complete and accurate information in a timely manner, to respond to requests for documents and explanations within a reasonable period, and to disclose anything that could affect the accuracy of a filing. You agree not to ask the Company to act in any way that is unlawful, dishonest or contrary to professional standards. You agree to keep the Company informed of any change in your circumstances, including changes to the structure of a business, to the people who control it, or to the nature of its activities. You agree to designate an authorised contact who may give instructions on your behalf.
Where information is incomplete, late or inaccurate, the Company may be unable to meet a deadline, and you remain responsible for any consequence, including a penalty or interest imposed by a tax authority or a registrar. The Company may pause work where an instruction is unclear or where a request for information is outstanding, and may treat the engagement as terminated where the position cannot be resolved.
Fees and Payment
Fees are confirmed in writing before an engagement, whether as a fixed fee for a defined service or on a time or volume basis for work that is variable. Unless agreed otherwise, fees are payable on presentation of an invoice and are stated exclusive of value added tax where that tax applies. Disbursements such as filing fees, software subscriptions and third party charges may be added to an invoice and will be identified separately. Payment is due in the currency stated on the invoice and by the method indicated on it.
Where an invoice remains unpaid after its due date, the Company may charge interest on the outstanding amount at the rate permitted by law from time to time, suspend work until payment is received, and recover reasonable costs of collection. The Company may also require a payment on account before starting work or before a filing deadline. Any payment on account is held toward future fees and is accounted for on the final invoice.
Records and Information
The Company relies on the records and explanations provided by the client. We will maintain working papers that support the services we deliver, and we will retain them for the period described in our privacy policy and required by law. Unless agreed otherwise, records provided to us are returned or made available at the end of an engagement, and the client is responsible for retaining its own copies of statutory records.
Where the Company holds records on behalf of a client, we will take reasonable care of them, but the client remains responsible for keeping a complete and accurate set of accounting records as required by law. If a client requests the transfer of records to another adviser, we will cooperate promptly once outstanding fees have been settled and the necessary authorisations have been given.
Confidentiality
The Company treats information received in the course of an engagement as confidential. We will not disclose it to a third party except where the client has authorised disclosure, where disclosure is necessary for the performance of the engagement, or where we are required to disclose it by law, by a regulator, or by a professional body. Where we use a service provider, we put a written contract in place that imposes confidentiality and security obligations consistent with these terms.
The obligation of confidentiality continues after an engagement ends. It does not apply to information that is already public, that the Company develops independently, or that the client agrees in writing may be disclosed. The Company may disclose the fact that the client is a client where the client has agreed, and may use anonymised information for internal quality and training purposes.
Data Protection
Each party will comply with the data protection law that applies to it. The Company processes personal information as described in its Privacy Policy, which forms part of these terms. Where the Company acts as a processor on behalf of a client, it will process personal information only on the documented instructions of that client, will assist the client in meeting its obligations, and will apply the technical and organisational measures described in the Privacy Policy.
The client is responsible for ensuring that it has a lawful basis for sharing personal information with the Company and for the Company to process it in connection with the engagement. This includes information about directors, employees, shareholders, customers and suppliers. The client should direct individuals to the Privacy Policy so that they understand how their information is handled.
Intellectual Property
The content of this website, including its text, structure, layout, graphics and code, is owned by or licensed to the Company and is protected by intellectual property law. You may view and print pages for your own use in connection with the services, but you may not copy, republish, distribute, sell or create derivative works from the content without written permission, except as permitted by law.
Working papers, templates, methodologies and software created by the Company remain the property of the Company. The client owns the data it provides and the records it is entitled to under the law. Nothing in these terms transfers ownership of intellectual property from one party to the other except as expressly stated.
Acceptable Use of the Website
You agree to use this website lawfully and not to interfere with its operation or security. You must not attempt to gain unauthorised access to any part of the website or its supporting systems, introduce malicious code, scrape content at a volume that affects performance, or use the website in a way that could damage, disable, overburden or impair it. You must not use the website to transmit unlawful, defamatory, misleading or abusive material.
The Company may suspend or withdraw access to the website, in whole or in part, without notice where these terms are breached or where it is necessary for maintenance, security or legal reasons. The Company does not guarantee that the website will be available at all times or free from error.
Professional Standards and Liability
The Company carries out its work with reasonable skill and care and in accordance with the professional standards that apply to the services it provides. The Company maintains the procedures it considers appropriate for the review of its work and will correct an error that is brought to its attention within a reasonable period. Nothing in these terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud or for death or personal injury caused by negligence.
Where the Company relies on information supplied by the client or by a third party, it does so in good faith and is not responsible for an error that arises from information that was incomplete, inaccurate or withheld. The Company is not responsible for the acts or omissions of third party advisers engaged by the client, or for a delay caused by a third party that is outside the reasonable control of the Company.
Limitation of Liability
Subject to the preceding section, the liability of the Company arising out of or in connection with an engagement or the use of this website is limited to the fees paid to the Company for the service to which the claim relates, or to the amount recoverable under any professional indemnity insurance maintained by the Company, whichever is greater. The Company is not liable for indirect or consequential loss, for loss of profit, revenue, business, goodwill or anticipated savings, or for loss arising from a decision taken by the client on the basis of draft or provisional figures.
The Company is not liable for a penalty, interest or other charge imposed by a tax authority, a registrar or another body where the charge arises from information that was not provided, was provided late, or was inaccurate. Any claim must be brought within the period allowed by law from the date on which the claimant became aware of the matter giving rise to the claim.
Indemnity
You agree to indemnify the Company against any loss, cost, claim or expense that arises from information you provide that is inaccurate or incomplete, from your failure to comply with these terms or with the law, or from a third party claim connected to the data or instructions you give to the Company. This indemnity does not apply to the extent that the loss arises from the negligence or wilful misconduct of the Company.
Where the Company is required to respond to an enquiry or an inspection that arises from the client affairs, the client will cooperate fully and will meet the reasonable costs of that response, which will be discussed before the work is undertaken where circumstances allow.
Termination
Either party may terminate an engagement by giving written notice to the other. Where the engagement is for a defined piece of work, termination does not relieve the client of the obligation to pay for work carried out and costs incurred before termination. The Company may terminate immediately where a client fails to provide information, fails to pay an invoice when due, acts unlawfully, or requests something contrary to professional standards. The Company may also cease to act where continuing would breach a legal or regulatory obligation.
On termination the Company will return or make available the records to which the client is entitled, once outstanding fees are settled, and will provide the information that a successor adviser reasonably requires. Provisions that by their nature should survive termination, including confidentiality, intellectual property, limitation of liability and governing law, continue to apply.
Third Party Services
The Company may recommend or use third party software, platforms and providers in the course of an engagement. Those services are supplied under the terms of the provider concerned, and the Company does not control or guarantee them. Where a third party service changes, becomes unavailable, or alters its terms, the Company will take reasonable steps to find an alternative and will keep the client informed.
Where a client insists on using a particular third party service, the client is responsible for the fees charged by that provider and for compliance with its terms. The Company is not liable for a loss caused by a provider that the client has required the Company to use.
Disclaimers
The general information published on this website is provided as is and is not a substitute for professional advice tailored to your circumstances. Tax law and accounting rules change, and their application depends on the facts. You should not act, or refrain from acting, on the basis of material on this website without obtaining advice from the Company or from another qualified adviser in relation to your specific situation.
While the Company takes care to keep the website accurate and current, it makes no warranty that the content is complete, accurate or up to date at all times, and it may change the content without notice. References to legislation or to practice are for guidance and do not constitute a representation about how the law will apply to a particular case.
Force Majeure
The Company is not liable for a failure or delay in performing its obligations where the failure or delay is caused by an event beyond its reasonable control. Such events include natural disaster, epidemic, war, civil unrest, failure of utilities or telecommunications, industrial action, and the act or omission of a government or regulator. Where such an event occurs, the Company will notify the client and will take reasonable steps to resume performance as soon as it is able.
If a force majeure event continues for a prolonged period, either party may terminate the affected engagement by written notice, and the client will pay for work carried out and costs incurred up to the date of termination.
Governing Law and Jurisdiction
These terms and any dispute arising out of or in connection with them, including an engagement, are governed by the law of England and Wales. Subject to the section on dispute resolution, the parties submit to the exclusive jurisdiction of the courts of England and Wales. Nothing in this section prevents the Company from taking proceedings in another jurisdiction to recover a debt or to protect its intellectual property.
If any provision of these terms is found to be invalid or unenforceable, the remaining provisions continue in full force and effect, and the invalid provision will be replaced by a valid provision that reflects the intention of the parties as closely as possible.
Dispute Resolution
If a dispute arises, the parties will first attempt to resolve it through good faith discussion between the individuals who manage the relationship. If the dispute is not resolved within a reasonable period, the parties will consider mediation before commencing proceedings, and will share the cost of a mediator equally unless they agree otherwise. Mediation is voluntary, and either party may commence proceedings if mediation does not resolve the matter or if a limitation period is approaching.
Nothing in this section prevents either party from seeking urgent relief from a court, or from referring a professional conduct matter to the appropriate professional body where that is warranted.
Changes to These Terms
The Company may update these terms from time to time to reflect changes in the law, in professional standards, in the services offered, or in the way the Company works. The version published on this website is the current version and replaces earlier versions. Where a change is material to an existing engagement, the Company will notify the client of the change. Continued use of the website or continuation of an engagement after a change indicates acceptance of the revised terms.
If a client does not agree with a revised term that affects an ongoing engagement, the client should contact the Company so that the position can be discussed, and the client may terminate the engagement in accordance with the termination provisions.
Contact Details
Questions about these terms should be directed to GDS ACCOUNTANTS LTD. By post, write to 71-75 Shelton Street, Covent Garden, LONDON - WC2H 9JQ, United Kingdom (GB). By email, write to billing@gdsaccountants.buzz. By telephone, call +15628701574. We will respond within a reasonable period. These terms are published on behalf of the Company by the developer named in the introduction, GDS Accountants.