Introduction
These terms apply to all work SOAR Worldwide Limited (company number 11783628, registered office 129 High Street, Teddington, TW11 8HJ) carries out for clients, together with the engagement letter for each service. If the engagement letter and these terms conflict, the engagement letter takes precedence.
1. Regulation
SOAR Worldwide Limited is a member firm of the Institute of Chartered Accountants in England and Wales (ICAEW). We follow ICAEW’s bye-laws, regulations and Code of Ethics, which can be viewed at icaew.com/regulation. ICAEW is also our anti-money laundering supervisor. We are not authorised by the Financial Conduct Authority and do not give investment advice.
2. Scope of our work
We will carry out only the services set out in your engagement letter. Any extra work must be agreed in writing and may be charged separately. We will not advise on matters outside that scope unless we agree to do so.
3. Your responsibilities
You are responsible for giving us complete, accurate and timely information, and for keeping adequate records. You must review and approve any returns, accounts or reports before we submit or issue them. Our work relies on the information you provide, and we will not audit or independently verify it unless the engagement letter says so.
4. Sustainability services
Our sustainability work (including carbon footprints, ESG reporting, materiality assessments and supply chain reviews) relies on data from you, your suppliers and published emission factors. Unless we are engaged to provide assurance, our reports are not an audit or assurance opinion. Reporting standards and frameworks change often; our work reflects those in force at the date of our report. We cannot guarantee any rating, certification or third-party outcome.
5. Fees and payment
Our fees are based on the time spent, the skill required and the responsibility involved, unless a fixed fee is agreed in the engagement letter. Disbursements and VAT are charged in addition. Invoices are payable within 15 days. We may charge interest on late payments under the Late Payment of Commercial Debts (Interest) Act 1998 and may suspend work until overdue fees are paid.
6. Commissions
If we receive any commission or benefit from a third party because of our work for you, we will tell you and, unless you agree otherwise, account to you for it.
7. Ownership of records
Records you give us remain your property and will be returned once our work is complete. Our working papers belong to us. We keep client files for 7 years after the end of the engagement, as described in our Privacy Policy, after which we may destroy them without further notice.
8. Confidentiality
We keep your information confidential, except where we are required to disclose it by law, regulation or our professional body, or where you agree. We may share information with our professional advisers, insurers and quality reviewers, who are bound by confidentiality.
9. Data protection
We process personal data in line with UK data protection law, our Privacy Policy and our Client Privacy Notice. Where we act as your processor, for example for payroll, we will process personal data only on your documented instructions and in line with the processor terms in your engagement letter.
10. Anti-money laundering
We are required by law to verify the identity of our clients and, where relevant, their beneficial owners, before we act. We must report any knowledge or suspicion of money laundering or terrorist financing to the National Crime Agency, and the law may prevent us from telling you that we have done so.
11. Conflicts of interest
We will tell you promptly if we become aware of a conflict of interest. Where a conflict can be managed, we will put safeguards in place; where it cannot, we may need to stop acting.
12. Electronic communication
We communicate and share documents by email and secure online portals. Electronic communication carries risks, such as interception or delay, and we cannot accept responsibility for losses these cause, provided we have taken reasonable care.
13. Advice
Our advice is given for your use only and for the purpose stated in the engagement letter. Oral or informal advice should be confirmed in writing before you rely on it. We are not responsible for changes in law or practice after our advice is given unless we agree to update it.
14. Limitation of liability
Our total liability to you for any loss arising from our work is limited to £250,000. We are not liable for indirect or consequential loss, or for loss caused by inaccurate or incomplete information you provide. Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot be limited by law.
15. Third parties
Our work is for you alone. No one else may rely on it without our written agreement, and the Contracts (Rights of Third Parties) Act 1999 does not apply.
16. Professional indemnity insurance
We hold professional indemnity insurance with QBE UK Limited, 30 Fenchurch Street, London, EC3M 3BD. Its territorial coverage is worldwide, excluding North America.
17. Complaints
We aim to provide a high-quality service. If you are unhappy, please contact Ben Horn at info@soar.ltd. We will acknowledge your complaint promptly, investigate it and reply in writing. If you are not satisfied with our response, you can refer the matter to ICAEW at icaew.com/complaints.
18. Ending our engagement
Either party may end the engagement by giving written notice. You must pay for work done up to that date. We may stop acting immediately where we are required to by law or professional rules, or if you fail to pay our fees or provide the information we need.
19. Governing law
These terms and any engagement are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.