Terms & Conditions
1. Legal Background
1.1 Clients are reminded that we have a legal obligation to adhere to all civil and criminal legislation currently in force.
1.2 As part of our “know your client” procedure we require you to disclose to us the information as requested in our initial enquiry email. On this basis we will assess the risk of a client before agreeing to act on their behalf. Part of these checks may be in form of a credit check of all shareholders and/or your company if we deem necessary.
1.3 It follows on that we must comply with the Data Protection Act when collecting and storing data and information will not be disclosed by us to third parties without your prior consent.
To the extent that it is reasonably necessary in connection with your limited company and/or demonstrating your compliance with legal requirements to those with legitimate interests, we may be required to disclose data to 3rd parties. You hereby consent to us making such reasonable and proper disclosures to third parties including:-
HMRC and Companies House so far as reasonably necessary for the proper performance of the engagement
Employment agencies and/or end clients to whom your services may be provided
Financial advisors and mortgage brokers as directed by yourselves
Government departments such as the Home Office in support of VISA applications
We will not sell or divulge any data to third parties for the purpose of marketing or promotional activity.
1.4 This agreement and the engagement letter detailing the services being provided to you together form the whole of the contract. These terms will continue to subsist in the event that the package is upgraded, downgraded or changed to a different one.
2. Change of Terms
2.1 Orange Genie Freelancer Services Ltd may change these terms (including its charges) at any time by giving one month’s written notice by email to the Directors/business owner, at which time the new terms will take effect unless within 14 days of receipt of such notice the Directors/business owner give one month’s written notice to terminate this agreement under clause 4. If the Directors/business owner give such notice then the terms of this agreement shall remain unchanged and the agreement will terminate on expiration of the notice.
2.2 Subject to the above, this agreement contains the entire understanding between the parties, and may only be changed by written agreement of both parties. Each party acknowledges that it does not enter this agreement relying on any representation or statement not included in this document.
3.1 Our fees are invoiced at the beginning of a month, in advance and are due for payment between the 25th and 28th of the month. Our fees are payable by monthly Direct Debit. Our current fees are shown on the company website and relate to points noted in the engagement letter in relation to the Company. The first’s months fee is payable on joining and will be taken by card over the phone. All subsequent monthly fees are payable by Direct Debit. Cash will not be accepted in payment for services rendered. All fees should be paid by Direct Debit or by bank transfer.
We reserve the right to review our fees on an annual basis. In line with paragraph 2.1 above any fee increase will be notified by email, giving one month’s notice.
Should your fees fall behind by two months, access to our systems will be suspended. We reserve the right to impose re- activation fees of £25 plus VAT for a member of our administration team to re-activate your FreeAgent account. This charge is to cover costs and to help us keep our packages competitive.
We also reserve the right to charge a £40 plus VAT debt recovery administration charge where fees fall over due and we incur additional costs.
To avoid these administration charges you should ensure that you set up a Direct Debit without delay once your registration is complete.
3.2 If you do not trade for any period of time during your financial year your monthly fees remain due. If engaging us under the Genie Professional or Genie Professional Plus package, non-trading periods do not reduce the statutory obligations to file certain documents and we will need to continue to ensure these obligations are met during this time.
3.3 If on joining Genie Accountancy you have an outstanding set of accounts to be prepared, we would be pleased to assist at a pre – arranged fee dependent on the level of work involved.
3.4 If during your engagement with Genie Accountancy you decide to upgrade your package we will invoice for the full cost of that chosen package to date less the value of the invoices already charged in the year. All future invoices will be at the higher rate and this ensures that a full year’s fees have been paid in relation to the comprehensive service provided.
3.5 If during your engagement you wish to downgrade to a cheaper package you will have to give one month’s notice. The new fee level and service levels would then apply going forward and any services provided under the previous package will be deemed completed.
3.6 Fees relating to matters not covered by the monthly charge will be payable by invoice prior to the completion of the work, unless otherwise agreed. In the event of any amount remaining unpaid for more than 10 days from the date on which settlement becomes due, then Orange Genie Freelancer Services Ltd reserves the right to charge interest on the balance outstanding at the rate of 4% above the Barclays Plc. base rate, prevailing at the date on which settlement becomes due. In addition, if an account needs to be pursued after the 10 day period, you will be responsible for all costs, disbursements and expenses, howsoever incurred by Orange Genie Freelancer Services Ltd on a full indemnity basis.
4.1 Either party may terminate this agreement on one month’s written notice if such notice is given by email it will only be treated as validly given if and when acknowledged. If you have not been a client for six months or more of your company’s current financial year, there may be a need for a balancing charge if we are to complete statutory work on your behalf.
4.2 On termination, you will change the registered office of the Company from our address if used, and we will (subject to payment of any outstanding charges) hand over all papers and records to the Directors, if applicable.
5.1 In some circumstances we may receive commissions or other benefits for introductions to other professionals. In this case we will notify you but you agree that we can retain the commission or other benefits without being liable to account to you for any such amounts.
6. Standard of Service
6.1 We wish to provide a high quality of service at all times. If at any time you would like to discuss with us how we could improve our service, or if you are dissatisfied with the service you are receiving please let us know by contacting Helen.firstname.lastname@example.org
6.2 We will look into any complaint carefully and promptly and do all we can to explain the position to you. If we have given you a less than satisfactory service we undertake to do everything reasonable to put it right. If you are still not satisfied you may of course refer the matter to our Managing Director.
7. Liability provisions
7.1 Orange Genie Freelancer Services Ltd will perform the engagement with reasonable skill and care and we acknowledge that in respect of liability (if any) on our part to you or to the Company for losses, damages, costs or expenses (‘losses’) caused by our breach of contract, negligence, fraud or other deliberate breach of duty, the following provisions will apply:
we will not be liable if such losses are due to the provision of false, misleading or incomplete information or documentation or due to the acts or omissions of any person other than us, except where, on the basis of the work normally undertaken by us within the scope set out in these terms of engagement, it would have been reasonable for us to discover such defects;
we will accept liability without limit for the consequences of our own fraud or other deliberate breach of duty and for any other liability which it is not permitted by law to limit or exclude; and
subject to the previous provisions of this liability paragraph, our total aggregate liability whether in contract, tort (including negligence) or otherwise, to the Company, for losses arising from or in connection with the work which is the subject of these terms (including any addition or variation to the work), shall not exceed in aggregate the amount of our charges during the 12 months immediately preceding the act or omission which was the cause of the loss complained of The Company and the directors of the Company will not bring any claims or proceedings against any of our directors or employees. This clause is intended to benefit such directors and employees pursuant to the Contracts (Rights of Third Parties) Act 1999 (‘the Act’).
7.2 Notwithstanding any benefits or rights conferred by this agreement on such directors and employees by virtue of the Act, we and the directors of the Company may together agree in writing to vary or rescind the agreement set out herein without the consent of any such directors and employees. Other than as expressly provided in this paragraph, the provisions of the Act are excluded.
7.3 Any claims, whether in contract, negligence or otherwise, must be formally commenced within one year after the party bringing the claim becomes aware (or ought reasonably to have become aware) of the facts which give rise to the action and in any event no later than two years after any alleged breach of contract, negligence or other cause of action. This expressly overrides any statutory provision which would otherwise apply.
8.1 This agreement and all matters arising under and in relation to the underlying relationship to which it relates are governed by the laws of England & Wales, whose courts shall have sole jurisdiction.
8.2 The invalidity or unenforceability of any provisions of this agreement shall not affect the validity or enforceability of any other provision of this agreement, which shall remain in full force and effect.
9. Refer a Friend Terms and Conditions- Orange Genie Accountancy Definitions
Referrer: A Orange Genie Accountancy client that refers a new client.
Referee: A new client that starts using Genie Accountancy’s services.
This Refer a Friend Offer is open to existing OrangeGenie clients (“you”) and is subject to the terms and conditions set out below.
If you refer a friend (“New Client”) and they become a Professional or Professional plus client of OrangeGenie Accountancy or a paid employee of OrangeGenie Umbrella you shall be entitled to receive a £150 referral payment as set out below subject to these terms and conditions (“the Reward”).
The Reward is a direct payment of £150 into your Ltd Company bank account.
Please note that you will only be entitled to receive a Reward when we deem that the Eligibility Criteria set out below have been met along with all other conditions. We reserve the right, at our sole discretion, to determine whether you qualify for the Offer and our decision is final.
To be eligible to receive the Reward the following conditions apply:
If the “new client” is an accountancy client, they must have paid one full monthly direct debit payment and must still be a Professional or Professional Plus client of OrangeGenie Accountancy.
If an umbrella employee referral, the “new client” must have been paid and employed by OrangeGenie Umbrella for at least three months.
You must be up to date with your own fees to OrangeGenie Accountancy and still be a client at the time the referral payment is paid.
It is a condition of this Offer that the New Client has not been a client or employee of OrangeGenie Group for the period of 2 years prior to the date of the referral. If the New Client has been engaged with OrangeGenie for any of the above services within 2 years prior to the date of the referral, we have the right to withdraw the Offer and the Reward will not be made available.
We reserve the right to withdraw and/or amend this Offer, as necessary.
This Offer is available only to persons who can form legally binding contracts under English law. In addition, this Offer is not available to individuals under the age of 18.
This Offer is run in accordance with, and will be governed by, the laws of England.