For data protection policy, please click here

Interpretations:
You – Refers to the party that has requested the bookkeeping service

The organisation – Refers to O Chapman Bookkeeping, also known as Easybooks, or any 3rd parties performing work for the client.

Service agreement – Refers to the services agreed in writing, via contact or email.

Introduction

Terms – These terms apply to the services you have engaged the organisation to provide. If anything in the terms are inconsistent with the service agreement, the terms of business take precedence, unless the service agreement amends any of them.

Commencement – The agreement will start on the date earlier of (i) the date of the service agreement; and (ii) the commencement of the services.

Services

Services – The organisation will perform the services described in the service agreement with reasonable skill and care. You confirm that the scope of the service agreement is sufficient for your purposes. The services, including any agreed deliverables, are provided solely for you and the purpose set out in the service agreement. In performing the services, we will not (i) carry out any assurance services or (ii) attempt to detect or accept responsibility for detecting fraud or other wrongdoing.

Deliverables –  You may not disclose any deliverables or make benefit of the services available to anyone else or refer to the findings of our work, except (i) as stated in the service agreement, (ii) with our prior written consent on terms to be agreed, (iii) where required by law or regulator or (iv) to your lawyers [or group members] as long as you tell them, in advance, that we accept no liability to them and that no onward disclosure can be made.

You may rely only on our final written deliverables and not on oral advice or draft deliverables. If you wish to rely on oral advice or draft deliverables, please let the organisation know so we may prepare a written deliverable on which you can rely.

Liability to you alone – We accept no liability to anyone, other than you, in connection with our services, unless otherwise agreed by us in writing. You agree to reimburse the organisation and our contractors for any liability, including legal costs, that we incur in connection with any claim by anyone else in relation to our services.

No party will be liable to another if it fails to meet its obligations due to matters beyond its reasonable control.

Changes – Changes may be required by us or requested by you throughout the agreement. A change will only be effective only when agreed in writing.

Use of contractors – We may use third party contractors as part of the provision of the services. We remain solely responsible for the services. You agree not to bring any claim against any contractors used in connection with the agreement.

Emergency turnaround – Minimum emergency turnaround service period is 48 hours, the rate for this service will be agreed in writing before any work is undertaken.

Your responsibilities

You will be responsible to ensure that (i) any information the organisation needs is given to us by you, or anyone else working with or for you and that all information given to us is given promptly, is accurate and complete, and (ii) any assumptions are appropriate.

All required documentation must be submitted through Xero’s file system in good time. Bookkeeping work will be completed within a reasonable or pre-agreed period after submission. This period will be extended linearly to late submissions of files. Additional time may be billed if the client requests a faster turnaround, this will correlate to the number of months late that documentation is submitted.

No party may transfer its right or obligations under the agreement, without prior written consent. We may novate the agreement and this will take effect on written notice by us.

All documents for tax/VAT returns must be submitted 14 days before the due return date as set out in the service agreement, unless stated otherwise. The organisation accepts no responsibility for late returns which are a result of late submission of documents. 

Our performance depends on the client performing their obligations under the agreement. The organisation is not liable for any losses arising from the client not fulfilling their obligations under the agreement and subsequent terms of business.

Pricing

The client agrees to pay us for our services and any estimates that may be given are not binding. 

Our pricing may not reflect only time spent, but also such factors as complexity, urgency and other risk factors. All prices shown for Bookkeeping services are on an assumed 1 hour per month per property basis. Any additional time incurred due to unexpected high volume may be billed independently at the per property hourly rate shown on our prices page. The organisation will endeavour to communicate with the client in advance of any perceived overtime required and will adjust the monthly rate if the issue is recurring.

Additional fees may be incurred for any late documentation submission which may incur a delay in return submissions. 

You will also pay any taxes, including VAT, that are due in relation to our goods and services. You will pay the full amount of any invoice, regardless of any deduction that you are required by law to make. We may invoice you on a monthly basis. All invoices are payable [XX] days after the date on the invoice. If you do not pay an invoice within [XX] days of the date of the invoice, we may charge you interest at the rate set by law.

Upon commencement of services with the organisation a non-refundable £25 admin fee will be taken. 

Confidentiality

The client and the organisation agree to use the other’s confidential information only in relation to the services and to not disclose it, except when required by law or regulation. 

You agree that we may perform services for your competitors or other parties whose interest may conflict with yours, as long as we do not disclose your confidential information. 

Data protection

The client and the organisation will comply with applicable data protection laws and regulations in relation to any personal data shared under the agreement. The client will not provide any personal data to the organisation unless the agreement requires use of that data or we request the data in writing. We assume the client has the appropriate authority to share the personal data with us, the data subjects have been given any necessary information regarding its use and to transfer the data in accordance with the agreement. 

All data is stored on Xero or Google systems using 2 factor authentication, unique passwords and good cyber practice. All personable identifiable information is used solely for the purpose of bookkeeping services and is not shared with any 3rd parties. The organisation does not partake in any marketing material using client data or contact information. All data of previous customers or enquiries will be deleted within 6 months of the end of the working relationship unless there are any ongoing disputes. Our privacy policy is available here…

Where we act as a processor in relation to your personal data, we will (i) process it only on your lawful written instructions, (ii) implement appropriate security measures, (iii) transfer it only to contractors with your prior written consent, (iv) notify you without any undue delay after being made aware of any breach in respect of the data, (v) subject to cancellation or termination clauses, we will return or destroy the data when the agreement ends, and (vi) on your written request, provide you with any information necessary to demonstrate our compliance with the data protection policy.

Intellectual property rights

We will own the intellectual property rights in the deliverables and any materials created under the agreement. The client will have a non-exclusive, non-transferable licence to use the deliverables for their own internal purposes.

Materials

The organisation owns the bookkeeping work undertaken on the clients accounts from the period of the commencement date. If the client wishes to access the accounts they must pay a fee equal to the remainder of the annual subscription or equal to three months – whichever is greater. 

We may retain copies of all materials relevant to the services, including any materials given to us by you or on your behalf. The client is solely responsible for retaining any records required by law.

We do not release any materials owned by us, unless agreed in writing. We may require a release letter from the client in these cases.

Termination

The client or the organisation may end the agreement immediately by giving written notice to the other if (i) the other materially breaches the agreement and it does not remedy the breach within 14 days, (ii) the other is or appears likely to become insolvent or unable to pay its debts, or (iii) the performance of the service may breach a legal or regulatory requirement.

Cancellation of repeated service can be undertaken within 14 days of commencement by written notice. You agree to pay us for all services we perform up to the date of termination.

Where there is a fixed fee for services, you agree to pay us for the work performed on the basis of the time spent at £15 an hour, up to the amount of the total fixed fee. Any contingent elements will remain payable in accordance with the service agreement. 

There is no fee for cancellation of bookkeeping services. 

Dispute resolution

If a dispute arises, both parties will attempt to resolve it by discussion, negotiation and mediation before a claim is brought.

The agreement and any dispute brought against it will be subject to English law and be subject to the exclusive jurisdiction of the English courts.

Any claims must be brought no later than [2] years after the date the claimant should have been aware of the claim and, in any event, no later than [4] years after any alleged breach.