References to “We” and “Us” means Andersons Eastern Limited
References to “You” means a Client of Andersons Eastern Limited
We practise as Farm Business Consultants and as business advisers.
2. Our Service to You
Our service to You will be as agreed and confirmed either in a letter of engagement or verbally.
We undertake not to at any time use, divulge or communicate to any person, except to our or your professional representatives or advisers or as may be required by law or any legal or regulatory authority, any confidential information concerning your business or affairs that come to our knowledge.
We will send any letters, papers or other documents to a postal address that you specify. We accept no responsibility for damage or loss of any kind (including consequential loss) caused by the accidental disclosure of confidential information arising as a result of such letters or documents being opened by individuals other than the addressee.
We will send emails and attachments to an email address that you specify. We accept no responsibility for damage or loss of any kind (including consequential loss) caused by the accidental disclosure of confidential information arising as a result of such emails being opened by individuals other than the addressee.
4. Provision of Information
To enable us to carry out our work, you agree to provide us with full and accurate information regarding the operation of your business or that may otherwise be relevant to enable us to provide our services.
You agree that we may approach third parties as may be appropriate for information that we consider necessary in order to advise you.
During the provision of services by us to you, we will take copies of any original documents you provide to us, and will return the originals to you when such copying is complete. Any files, documents and/or other information in any format that you supply to us may be destroyed after six years at our discretion.
5. Quality of Service
We aim to provide a high quality of service at all time. If you would like to discuss with us how our service could be improved or if you are dissatisfied with the service you are receiving please let us know by contacting a Director at the practice.
We undertake to look into any complaint carefully and promptly and to do all we can to explain the position to you.
We will often not be able to gauge accurately the amount of time needed for a consultancy task until the work is underway. The estimate of likely cost given to a potential client before work begins should therefore be regarded a guide figure based on the information available at the time and not a fixed price, unless specified otherwise.
As our client, responsibility for the payment of fees and expenses rests with you, unless a third party has agreed in writing with us to be responsible for your payment.
Our charges are based on the time spent on your affairs and disbursements incurred in connection with the engagement. The hourly rate will depend on the level of skill and responsibility of the person dealing with your affairs. We will issue invoices at monthly or other appropriate intervals in respect of work carried out for you. We will add value added tax, if applicable, at the current rate.
We review our hourly rates annually in April. Information on our prevailing rates can be obtained from our Accounts Department at our Bury St Edmunds office.
Our invoices are payable within 14 days of receipt. We reserve the right to charge interest at 2% per month in the case of overdue accounts. We may terminate our engagement if payment of any fees billed is unduly delayed. However, it is not our intention to use these arrangements in a way which is unfair or unreasonable.
7. Limitation of Liability
The advice which we give to you is for your sole use and does not constitute advice to, and is not to be relied on, by any third party to whom you may communicate it.
We will provide the services agreed to you with reasonable care and skill. However, we will not be responsible for any losses, penalties, surcharges, interest or additional tax liabilities arising to any person as a result of the supply by you or others to us of incorrect or incomplete information, or from the failure by you or others to supply any appropriate information to us or your failure to act on our advice or respond promptly to communications from us or any authorities.
To the extent permitted by law and in circumstances where we have not effectively limited liability to you under or in connection with these Terms and Conditions of Business, the maximum limit of our liability to you, whether in contract, tort, negligence or otherwise shall be the maximum amount of our cover under our Professional Indemnity Insurance Policy from time to time in force, being not less than £5,000,000. For information on our current levels of professional indemnity insurance cover please contact Nick Blake at our Bury St Edmunds office.
8. Intellectual Property
Where relevant, we will own copyright in all documents provided by us to you as part of our services. No part of any such document may be reproduced or transmitted in any form or by any means electronic or mechanical including photocopying, recording or any information storage or retrieval system without prior permission from us.
9. Electronic Communication
As internet communications are capable of data corruption, we do not accept any responsibility for changes made to such communications after their despatch. For this reason it may be inappropriate to rely on advice contained in an e-mail without obtaining written confirmation of it. All risks connected with sending commercially-sensitive information relating to your business by electronic means of communication are borne by you and are not our responsibility. If you do not accept this risk, you should notify us in writing that e-mail is not an acceptable means of communication.
10. Data Protection
- 10.1 General
Our use of personal data is subject to your instructions, the EU’s General Data Protection Regulation (GDPR), under which we are a Data Controller, and our duty of confidentiality. We endeavor to provide every protection possible to your data but should you have cause for concern or general enquiry please contact us.
- 10.2 Why does Andersons Eastern need to collect and store personal data
In order for us to provide you with services we need to collect personal data for various purposes including updating and enhancing client records, statutory returns and legal and regulatory compliance. In any event, we are committed to ensuring that the information we collect and use is appropriate for this purpose, and does not constitute an invasion of your privacy.
- 10.3 How Andersons Eastern uses your information
We will process (that means collect, store and use) the information you provide in a manner that is compatible with GDPR. We will endeavor to keep your information accurate and up to date and not keep it for longer than is necessary. Our aim is not to be intrusive, and we undertake not to ask irrelevant or unnecessary questions. Moreover, the information you provide will be subject to rigorous measures and procedures to minimise the risk of unauthorised access or disclosure.
The information you provide will be used by us primarily to provide services to you.
- 10.4 Data Retention
We will use our discretion to ensure that we do not keep records outside of our normal business requirements.
- 10.5 Third Parties
We may pass your personal data on to our service providers who are contracted to us in the course of our work with you. For example, we may engage subcontractors and professional advisers and, in the interest of speed or controlling cost, we may outsource some of our typing or other administrative functions to a third party.
Our service providers are obliged to keep your details securely, and use them only to fulfil the service they provide you on our behalf. Once your service need has been satisfied or the matter has been closed, they will dispose of the details in line with Andersons Eastern’ procedures.
If we wish to pass your sensitive personal data onto a third party we will only do so once we have obtained your consent, unless we are legally required to do so.
- 10.6 Transfer Outside of the EU
We do not transfer any data outside of the EU. Should we need to do so in the future it will be in compliance with the GDPR requirements for external transfer and all details will be added to our Privacy Notice.
- 10.7 Your Rights
You have the right to:
- Object to us processing your data
- Have inaccurate data rectified
- Access the data we keep
- Have the data we keep on you deleted (in some cases)
- Have the data we keep on you ported elsewhere
- 10.8 Consent
By consenting to this, you are giving us permission to perform those actions.
You may withdraw consent at any time by contacting our Data Privacy Manager.
- 10.9 Marketing
Occasionally we would like to send you information about additional services we offer. If you do not wish to receive such information, then please write to our Data Privacy Manager.
- 10.10 Further Information
For further information as to how we protect and respect your privacy and ensure the security of your personal data, please read our Privacy Notice as published on our website www.andersonseastern.co.uk.
11. Contracts (Rights of Third Parties) Act 1999
A person who is not party to any agreement between us shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of that agreement. This clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
12. Applicable Law
These terms and conditions 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 concerning these terms and conditions 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.