The following standard terms of business apply to all engagements accepted by Proactive Consulting for Professionals Limited (PCP). All work carried out is subject to these terms except where changes are expressly agreed in writing.
Professional Indemnity Insurance
In accordance with the disclosure requirements of the Provision of Services Regulations 2009, our professional indemnity insurer is QBE UK Limited of 30 Fenchurch Street, London, EC2M 3BD. The territorial coverage is worldwide excluding professional business carried out from an office in USA or Canada and excludes any action for a claim brought in any court in the USA or Canada.
Fees
Our fees and terms of payment will be agreed in advance of any engagement.
Invoices are payable in full in accordance with the terms set out on the invoice. If you do not accept that an invoice fee is fair and reasonable, then you must notify us within 21 days of receipt, failing which you will be deemed to have accepted the payment is due.
We reserve the right to charge interest on overdue accounts at the current rate under the Late Payment of Commercial Debts (Interest) Act 1998. We also reserve the right to terminate any engagement and cease acting if payment of any fees billed is unduly delayed. We accept settlement of fees by certain credit cards, namely Mastercard and Visa debit and credit cards. We do not accept payment by American Express.
Electronic communications
During the course of our work for you, we may receive documents, records and other information from you in either electronic or paper form. We undertake to return any original paper documents, other than correspondence sent for our attention within a month of the assignment being completed. Electronic working papers provided to us will be deleted.
Whilst certain documents, records and other information may legally belong to you, unless you tell us not to, we intend to destroy any such information that we store in either electronic or paper form, which is more than seven years old and all information which we consider to be of continuing significance. If you require retention or return of any documents, records and other information you must notify us of that fact in writing.
We reserve the right during our engagement with you to deliver services to other clients whose interests may compete with yours, or are or may be adverse to yours but only in accordance with our confidentiality policy as below. We confirm that we will notify you immediately should we become aware of any conflict of interest involving us and affecting you unless we are unable to do so because of our confidentiality obligations. We have safeguards that can be implemented to protect the interests of different clients if a conflict arises. Where conflicts are identified which, being managed in a way that protects your interests, then we regret that we will be unable to provide further services.
Confidentiality
We confirm that, when 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.
Quality of service
If at any time you would like to discuss with us how our service to you could be improved, or if you are unhappy with the service you are receiving, or you have any questions or complaints about any of our services or products then please contact Michael Scott on michael@pcplimited.com We will do our best to resolve any problems promptly.
In order for us to provide you with a high quality service, on an ongoing basis, it is essential that you provide us with relevant records and information when requested, reply to correspondence in a timely manner and otherwise follow the terms of any agreement between us as set out in our standard engagement letter. We therefore reserve the right to cancel the engagement between us with immediate effect in the event of:
In addition, the engagement between us may be terminated for any reason in accordance with the terms of the appropriate engagement letter or contract.
Governing legislation
All engagements between us, or products purchased are governed by and construed in accordance with English law. The courts of England will have exclusive jurisdiction in relation to any claim, dispute or difference arising. Each party irrevocably waives any right it may have to object to any action being brought in those courts, to claim that the action is being brought in an appropriate forum, or to claim that those courts do not have jurisdiction.
All work performed and products provided are conducted using the current legislation, according to the accounting period. We cannot be held responsible for future development and change in the legislation.
In the event of any conflict between these Terms of Business and any associated engagement letter or contract, the relevant provision in the engagement letter or contract will take precedence.
We will not accept responsibility if you act on advice previously given by us without first confirming with us, that the advice is still valid in light of any change in the law or your circumstances.
We will accept no liability for losses arising from changes in the law or the interpretation thereof that occur after the date on which the advice is given.
Communications
Unless you have instructed us otherwise, we may, where appropriate, communicate with you and with third parties via e-mail or by other electronic means. However, as Internet communications are capable of data corruption, we do not accept any responsibility for changes made to such communications after their dispatch. For this reason, it may be inappropriate to rely on advice contained in an e-mail without obtaining written confirmation of it. We do not accept responsibility for any errors or problems that may arise through the use of Internet communication and all risks connected with sending commercially sensitive information relating to your business or borne by you. If you do not agree to this risk, you should notify us in writing that e-mail is not an acceptable means of communication.
Email may be used to enable us to communicate with you. As with any other means of delivery, this carries with it the risk of inadvertent misdirection or non-delivery. We use strong anti-virus software, but it is the responsibility of the recipient to carry out a virus check on any attachments and emails received.
General Data Protection Regulations
We confirm that we will comply with the provisions of the General Data Protection Regulations (GDPR) when processing personal data about you.
Processing means:
The information we obtain, process, use and disclose will be necessary for:
This includes, but is not limited to, purposes such as updating and enhancing our client records, analysis for management purposes and statutory returns.
Where we process any personal data in relation to services or products covered by these terms and conditions, we do so as a data controller on our own behalf (including in order to comply with our obligations and exercise our rights under the agreement) and to comply with Data Protection Law in respect of such processing. Where the customer provides any personal data in relation to this agreement, it warrants that it does so in compliance with Data Protection Law and that the provider may, under Data Protection Law process such data as required or anticipated by this agreement, and the customer shall be responsible for any costs losses or expenses the provider incurs or suffers as a result of a breach of such warranty?
We also have a dedicated Data Protection Officer, Michael Scott who is responsible for data compliance issues. You can contact him at Michael@pcplimited.com.
For more information on how we collect, store and handle your personal data please refer to our privacy notice.
Contracts (Rights of Third Parties) Act 1999
Persons who are not party to the contract between us should have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any aspect of our contract or Terms and Conditions. This clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
Any advice we give you is confidential and for your sole use and will not constitute advice to 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.
Commission
In some circumstances, commission or other benefits may become payable to us, in respect of introductions to other professionals or transactions which we arrange for you.
General limitation of liability
Nothing in this agreement excludes either parties liability for:
PCP shall have no liability to the client in relation to delays caused by the client. For the avoidance of doubt, unless otherwise specified and agreed between the Parties, time shall not be of the essence of the agreement.
PCP shall not be liable to the client for any consequential or indirect loss, including (but not limited to) any loss of profits, revenues or business, anticipated savings, whether or not in the contemplation of the Parties at the time of entering into any agreement.
