Our commitment  

The following standard terms of business apply to all engagements accepted by Strong Anderson.  Strong Anderson (hereinafter referred to as “the Practice”) is the sole trader business of Maria Strong.

All work carried out is subject to these terms except where changes are expressly agreed in writing.

1. Professional Obligations

Code of Ethics:  We observe and act in accordance with the bye-laws and regulations of the Institute of Chartered Accountants in England and Wales together with their code of ethics (available at www.icaew.com). We accept instructions to act for you on this basis. We will not be liable for any loss, damage or cost arising from our compliance with statutory or regulatory obligations.  We will practise professionally, competently, conscientiously and objectively, putting the interests of its clients foremost. 

Professional Indemnity: In accordance with the disclosure requirements of the Provision of Services Regulations 2009, our professional indemnity insurer is provided by Manchester Underwriting Management Limited, of Link House, St. Mary’s Way, Chesham HP5 1HR.  The territorial coverage is worldwide excluding professional business carried out from an office in the United States of America or Canada and excludes any action for a claim brought in any court in the United States of America or Canada.

Our professional body rules: All Insolvency Practitioners are bound by the rules of their professional body, including any that relate specifically to insolvency.  The rules of the professional body that licences our Insolvency Practitioners can be found at here.

Statements of Insolvency Practice: Insolvency Practitioners s are bound by the Statements of Insolvency Practice details of which can be found at here.

2. Client Funds

Funds we hold for you: As part of our services to certain clients, we may, from time to time, hold money on your behalf. If we hold such monies on your behalf:

• We shall hold it in a client-money bank account that is segregated from our own funds. The account will be operated, and all funds dealt with, in accordance with The Institute of Chartered Accountants in England and Wales’s Clients’ Money Regulations;
• Any funds that exceed £10,000 and are likely to remain above that amount for thirty days after receipt, shall be placed into a separate interest-bearing designated deposit account in your name;
• Save as described above, it would usually be held in our general client-money bank account, for which no interest would be accountable to you. Where appropriate, or upon your specific instruction, we may transfer funds to a designated deposit account, to which all of the interest received would be credited and
• We shall return it promptly as soon as there is no longer any reason to retain it. If any money held by us is unclaimed for five years and we have made reasonable attempts to return it to its owner, or we cease to practise, we may pay it to a registered charity.

Withdrawal and receipt of funds: Where we hold funds for you or you grant us rights over your own bank or similar account, we reserve the right to refuse to make a withdrawal in the absence of written confirmation of your instructions. We do not permit any of our people, in their own name, whether singly or jointly, to receive any monies payable to or by a client.

3. Conflicts of interest and independence

Freedom to Act: You agree that we may act at any time for other clients, including your group members or competitors, whose interests may conflict with yours, or are or may be adverse to yours,. 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.

Safeguards: We have safeguards that can be implemented to protect the interests of different clients if a conflict arises. 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.

Code of Ethics: If a conflict of interest should arise, either between two or more of our clients, or in the provision of multiple services to a single client, we will take such steps as are necessary to deal with the conflict. In resolving the conflict, we would be guided by the code of ethics of The Institute of Chartered Accountants in England and Wales (available at www.icaew.com).

4. Confidentiality

Our confidentiality obligations: All our people and sub-contractors are subject to contractual confidentiality obligations in respect of Information relating to our clients. We confirm that where you give us confidential information, we shall at all times keep it confidential, except :

• Published or is in the public domain otherwise than due to a breach of this Agreement;
• Lawfully known to us before commencement of the Services;
• Lawfully obtained by us from a third party who is free to divulge that information;
• Required to be disclosed to our professional advisors, auditors or insurers, including in the event of any litigation or complaint or
• Required to be disclosed by law, the courts or any legal or regulatory authority.

Consultation with third parties: We reserves the right to consult third parties in relation to the engagement in accordance with the terms of the Engagement Letter, and you irrevocably authorises us to discuss matters in relation to this engagement with such third parties and to disclose relevant confidential information to them as we consider appropriate.  That disclosure is on the basis that it is reasonable to expect that those third parties will maintain appropriate confidentiality in respect of matters disclosed to them.

Publicity: We may mention in appropriate circumstances that you are, or have been, a client of ours and the type of services provided. This will not involve disclosure of your confidential information.

Your confidentiality obligations: You shall not disclose our work to any third party without our prior written consent, except as required by law, or any legal or regulatory authority.

5. Quality control

Periodic independent regulatory or quality review: As part of our ongoing commitment to providing a quality service, certain files are periodically subject to an independent regulatory or quality review. Our reviewers are highly experienced and professional people and are, of course, bound by the same requirements of confidentiality as our principals and staff.

6. Complaints

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 the agreement between us as set out in this Standard Terms of Business and associated Engagement letter.

Complaints: We always strive to provide a professional and efficient service. However, we recognise that it is in the nature of insolvency proceedings for disputes to arise from time to time.  As such, should you have any comments or complaints regarding the administration of a particular case then in the first instance you should email mariastrong@strong-anderson.co.uk.

The Insolvency Service Complaints: Most disputes can be resolved amicably either through the provision of further information or following negotiations.  However, in the event that you have exhausted our complaints procedure and you are not satisfied that your complaint has been resolved or dealt with appropriately, you may complain to the regulatory body that licences the insolvency practitioner concerned.  Any such complaints should be addressed to The Insolvency Service, IP Complaints, 3rd Floor, 1 City Walk, Leeds, LS11 9DA, and you can make a submission using an on-line form available here or you can email insolvency.enquiryline@insolvency.gov.uk; or you may phone 0300 678 0015.  Information on the call charges that apply is available here.

7. Electronic Communication

Electronic communication: Unless you instruct us otherwise in wring you agree that the Practice may communicate with you and others in connection with this engagement, and otherwise, by e-mail  or other electronic means. Internet communications are capable of data corruption and therefore we do not accept any responsibility for changes made to such communications after their despatch.

Risks connected to electronic communication: 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 are borne by you.  If you do not agree to accept this risk, you should notify us in writing that e-mail is not an acceptable means of communication.

Bank details: will never change our bank details without confirming this to you by posted letter. Any emailed or telephoned communications appearing to be from us which are not confirmed by post are fake and we accept no liability for any loss caused to you through accepting such communications as genuine. Similarly, always give us by hand or by post (as well as by email) details of your bank account.

Virus checks: It is the responsibility of the recipient to carry out a virus check on any attachments.

8. Data Protection

Personal data: To enable us to discharge the services agreed under our engagement, and for other related purposes including updating and enhancing client records, analysis for management purposes and statutory returns, crime prevention and legal and regulatory compliance, we may obtain, use, process and disclose personal data about you/your business/company/partnership/its officers and employees and shareholders.

Data Security: Any personal data that the Practice may hold about individuals will be kept safe, secure and confidential.  Even with such measures in place, accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to Personal Data cannot always be prevented. We will inform you of any Personal Data Breach concerning information you have provided to us, without undue delay and in any case within 48 hours of our becoming aware of it, and will assist you with dealing with any Personal Data Breach that is our responsibility.

Data Protection Legislation: We confirm when processing data on your behalf that we will comply with the relevant provisions of applicable data protection legislation. You will also ensure that any disclosure of personal data to us complies with such legislation. If you supply us with any personal data or confidential information you shall ensure you have full informed consent to pass it to us and will fully indemnify and hold us harmless if you do not have such consent and that causes us loss.

Data Subject rights: Upon request you/we will provide you/us with reasonable assistance to help us respond to any Data Subject exercising their rights under Data Protection Legislation. This includes you responding to Data Subject Access Requests. If we receive any direct communication from a Data Subject seeking to exercise their rights we will inform you without undue delay.

Power of Attorney: If you are supplying us with personal data on the basis of a power of attorney for anyone, you must produce to us an original or certified power of attorney on demand.

Data processing: Applicable data protection legislation places express obligations on you as a data controller where we as a data processor undertake the processing of personal data on your behalf. We therefore confirm that we will at all times use our reasonable endeavours to comply with the requirements of applicable data protection legislation when processing data on your behalf. In particular we confirm that we have adequate security measures in place and that we will aim to comply with any obligations equivalent to those placed on you as a data controller.

Exporting data outside the EU/EEA/UK: We may export personal data you supply to us outside the EU/EEA/UK for the purposes of storage and data processing. We will ensure all such data export is compliant with relevant data protection legislation. You consent to such data export. Where cloud based services are to be used you may be subject to our cloud services terms and conditions.

Data sharing: We may share information with the following:

• Any of the third parties consulted by the Practice either specifically in connection with this engagement or generally in support of our office administration, but only on the strict understanding that your information will be kept confidential; and
• If we are under a duty to give the information, or if required by law.

Privacy and Cookies Notices: A copy of our Privacy and Cookies Notices can be found here.

9. Bribery

Ethical conduct and integrity: We are committed to applying the highest standards of ethical conduct and integrity in its business activities. Every employee and individual acting on our behalf is responsible for maintaining our reputation and for conducting company business honestly and professionally.

Zero tolerance to bribery and corruption: We take a zero-tolerance approach to bribery and corruption and are committed to acting professionally, fairly and with integrity in all our business dealings and relationships wherever we operate. We require all those who are associated with it to observe the highest standards of impartiality, integrity and objectivity.

Prohibited acts: We prohibit anyone acting on its behalf from:

• bribing another person. A bribe includes the offering, promising or giving of any financial or other type of advantage;
• accepting a bribe. This includes requesting, agreeing to receive or accepting any financial, or another kind of advantage;
• bribing a foreign public official; and
• condoning the offering or acceptance of bribes.

Our commitment: We will:

• avoid doing business with others who do not accept our values and who may harm our reputation;
• maintain processes, procedures and records that limit the risk of direct or indirect bribery;
• promote awareness of this policy amongst its staff, those acting on its behalf and entities with which it has any commercial dealings;
• investigate all instances of alleged bribery, and will assist the police, and other authorities when appropriate, in any resultant prosecutions. In addition, disciplinary action will be considered against individual members of staff; and
• review this policy regularly and update it when necessary.

10. The Proceeds of Crime Act 2002 and the Money Laundering Regulations 2017

Identification verification: The firm is required by the Proceeds of Crime Act 2002 and the Money Laundering Regulations 2017 to maintain identification procedures and records for clients and beneficial owners of clients.

Electronic verification: We may obtain electronic verification of the identity of the such individuals. Such checks will leave a soft search on your credit history but is not visible to others and does not affect your credit status.

Obligation to report money laundering: We have a duty under section 330 of the Proceeds of Crime Act 2002 to report to the National Crime Agency (NCA) if we know, or have reasonable cause to suspect, that a person is involved in money laundering. Failure on our part to make a report where we have knowledge or reasonable grounds for suspicion would constitute a criminal offence. We are obliged by law to report any instances of money laundering to NCA without your knowledge or consent. In consequence, neither the firms’ principals nor staff may enter into any correspondence or discussions with you regarding such matters.

Money laundering offences: The offence of money laundering is defined by section 340(11) of the Proceeds of Crime Act and includes concealing, converting, using or possessing the benefits of any activity that constitutes a criminal offence in the UK, including deliberate tax evasion. It also includes involvement in any arrangement that facilitates the acquisition, retention, use or control of such a benefit.

11. Third Party rights

Third party rights: Persons who are not party to our Engagement Letter shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the agreement. This clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.

Advice provided: The advice that we give to you is for your sole use and does 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.

12. Exclusion of Liability

Our liability: The scope of the engagement, as set out in the Engagement Letter, will restrict the Practice’s liability to those matters in respect of which it is retained to assist.  Within that scope, the Practice will not be held responsible or liable for any losses arising from matters on which information material to the engagement is withheld or concealed from the Practice, or misrepresented to the Practice, by the Company and its directors, managers and employees, professional advisers and other third parties who are concerned with the engagement, except and only to the extent that it has resulted from the Practice’s knowing disregard of matters of which the Practice has actual knowledge, bad faith or wilful default.

Proportionality: You agree that the liability to you of the Practice, its directors, employees and agents (in contract or tort or under statute or otherwise) for any losses suffered by the Company arising out of, or in connection with our work, will be limited to the aggregate liability of the Practice, its directors, partners, agents and employees or any of them to pay damages for losses suffered by you as a direct result of breach of contract, negligence or any other tort by the Practice in connection with the services provided in connection with the engagement will be limited to that proportion of actual loss which was directly caused by the Practice.  The Practice’s liability will not, in any circumstances (other than where the Practice acts in bad faith or with wilful default) exceed a total aggregate sum of five times the fees paid to the Practice under the terms of the Engagement Letter (the aggregate limit).  Where the Practice’s duty of care is to more than one party, the limit of the Practice’s liability will be aggregate limit allocated between the parties in whatever proportions they agree between themselves.

Types of loss: You will not hold us, our partners and staff, responsible, to the fullest extent permitted by law, for:

• Any loss suffered by you arising from any misrepresentation (intentional or unintentional) supplied to us orally or in writing in connection with our engagement. You have agreed that you will not bring any claim in connection with services we provide to you against any of our partners or employees personally;
• Any damages to you for losses arising out of, or in any way connected with, action taken, omissions, or acts by you or anyone acting on your behalf
• Any loss of revenue or opportunity, corruption of data, anticipated savings, damage to goodwill, wasted management or staff time, or any punitive or exemplary damages, whether or not the likelihood of such could have been reasonably contemplated or
• Any liability attaching to any individual partner, director, manager or employee of the Practice for the performance of the Practice’s obligations whether in contract or in tort

Third Parties: Our work is not, unless there is a legal or regulatory requirement, to be made available to third parties without our written permission and we will accept no responsibility to third parties for any aspect of our professional services or work that is made available to them.

13. Use of our name in statements or documents issued by you

Prohibition on the use of our name: You are not permitted to use our name in any statement or document that you may issue unless our prior written consent has been obtained. The only exception to this restriction would be statements or documents that in accordance with applicable law are to be made public.

14. Draft/interim work or oral advice

Draft and oral statements: In the course of our providing services to you we may provide advice or reports or other work products in draft or interim form, or orally. However, final written work products will always prevail over any draft, interim or oral statements. Where you request it, we will provide you with written confirmation of matters stated orally.

15. Indemnity

Your indemnity: As further consideration for the Practice providing the services to you as set out in the Engagement Letter, you agrees to indemnify the Practice from and against all losses arising out of, or in connection with, the engagement or otherwise, by reason of, or in connection with any other matter or activities referred to as contemplated in the Engagement Letter which the Practice may suffer or incur in any jurisdiction.  All costs and expenses incurred by the Practice will be reimbursed by you promptly on demand, including any reasonable costs incurred in connection with the investigation of, preparation for, or defence of any pending or threatened litigation or claim within the terms of the indemnity or any matter incidental thereto.  You will not be responsible for any losses to the extent that they arise from, or have resulted from, the negligence of the Practice or from the knowing disregard of matters of which the Practice, or its partners, directors, managers or employees had actual knowledge, or from the Practice’s bad faith or wilful default.

Common law: This indemnity will be in addition to any rights that the Practice may have at common law or otherwise (including, but not limited to, any right of contribution).

Notification of claims: If the Practice becomes aware of any claim relevant for the purposes of the indemnity, we will promptly notify you of the claim and will, subject to being indemnified by you to our reasonable satisfaction against all losses, liabilities, claims, costs, charges and expenses suffered or incurred thereby, take, or procure to be taken, such action as you may reasonably request to avoid a dispute, resist, appeal, compromise or defend such a claim.  The Practice will provide you and its legal advisers with such information and documentation relating to such claim as you may reasonably require.

16. Staffing of the engagement and working with third parties

Right to choose: The Practice reserves the right to choose the personnel within the Practice to undertake the engagement on behalf of you and to change them as we consider necessary during the course of the engagement.

Appropriate level and expertise: The Practice confirms that it will use staff with the appropriate level of expertise and experience for the type of work being undertaken in the engagement.

Subcontracting: We may obtain services from sub- contractors.  In such case the terms of this Agreement shall apply for their benefit. We take sole responsibility to you for Services provided by us and any sub-contractor involved in providing the Services. You agree not to bring any claims in respect of the Services, or this Agreement, against any parties other than us.

17. Copyright

Copyright: The Practice retains all copyright, database right and other intellectual property rights in original material (including correspondence) provided to you in the course of any work that the Practice carries out on your behalf. 

Non-exclusive licence: You will have a non-exclusive licence to use all original material created by us and provided to you for the purpose for which such material was prepared.  From time to time we may also provide you with copies of other material, the copyright and/or other intellectual property rights in which may belong to third parties.  The Practice does not authorise you to copy or otherwise use this third party material in any manner which might amount to an infringement of the copyright and/or other intellectual property rights of that third party.

18. Regulatory Matters

Nothing in the Engagement Letter or these Terms and Conditions prevents the Practice from complying with the law, statute, or regulations of any relevant professional body responsible for regulating the business activities of the Practice.

19. Whistleblowing

We are required by law and by professional standards to report certain matters to external authorities and we accept no responsibility to you for doing so.

20. No set-off

All monies including, but not limited to, any fees or expenses payable by you to the Practice under this engagement will be paid in full in accordance with the Engagement Letter without any set off, deduction, counter-claim or withholding payment.

21. Assignment and variation

Assignment of rights and obligations: The Engagement Letter and these terms and conditions are personal to the parties to them and the rights and obligations of the parties may not be assigned or otherwise transferred.

Variation of these Terms and Conditions: The engagement may be varied by an agreement in writing between the Practice and you, or by the Practice issuing Terms and Conditions that replace these Terms and Conditions, and to which you do not object within 28 days of their despatch.

22. Severability

Severability: Each provision in the Engagement Letter and these Terms and Conditions is severable, and if any provision is, or becomes, invalid or unenforceable or contravenes any applicable regulations or law, the remaining provisions will remain in full force and effect.

23. Force Majeure

Meaning of Force Majeure: A force majeure event for the purposes of these Terms and Conditions will mean any material event or circumstance beyond the reasonable control of a party, including Act of God, explosion, revolution, insurrection, riot, civil commotion, national or local emergency, terrorist act, act of government, cyber attack on computer systems, strike, fire or flood.

Notification of Force Majeure: If any party is affected by a force majeure event which prevents or delays full or prompt performance of the services to be provided in the engagement, it will promptly notify the other party.

Liability of Force Majeure: Neither party will be liable for any delays or failure to perform the services to be provided in the engagement to the extent that it arises from a force majeure event.

24. Termination

We reserve the right to cancel the engagement between us with immediate effect in the event of:

• failure to pay our fees by the due dates;
• your breach of your obligations, as set out in the Engagement Letter, where this is not corrected within 30 days of being asked to do so.

Non-insolvency Appointments: For non-insolvency engagements we reserve the right to cancel the engagement between us with immediate effect in the event of your insolvency, bankruptcy or other arrangement being reached with creditors;

25. Governing Law and Jurisdiction

Governing Law: English law shall apply to the construction and interpretation of our contract with you and the English Courts shall have exclusive jurisdiction to resolve any disputes under it. The Courts of England will have exclusive jurisdiction in relation to any claim, dispute or difference concerning our Engagement Letter and any matter arising from it. Each party irrevocably waives any right it may have 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.

If any provision in this Standard Terms of Business or any associated Engagement Letter, or its application, are found to be invalid, illegal or otherwise unenforceable in any respect, the validity, legality or enforceability of any other provisions shall not in any way be affected or impaired.

26. Changes in the law

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.

27. Interpretation

These standard Terms and Conditions, together with our Engagement Letter setting out some further details governing our relationship, and these two documents, together with any related appendices and schedule, shall together represent a contract between us. Where there is any conflict between the terms of the Engagement Letter, if any, and these standard Terms and Conditions, the terms set out in the Engagement Letter will prevail.

If any provision of our Engagement Letter or terms of business is held to be void for whatever reason, then that provision will be deemed not to form part of this contract, and no other provisions will be affected or impaired in any way