Terms and Conditions
1. Introduction
1.1 These terms and conditions outline the basis upon which Marathon Accountants (“we,” “us,” “our”) provide services to you (“you,” “your”, “Client”). By engaging our services, you agree to these terms and conditions, which form part of our engagement letter.
Definition of Client: For the purposes of these Terms, Client means the individual or entity that engages Marathon Accountants Ltd to provide the Services, whether directly or indirectly through another adviser. Where Marathon Accountants Ltd is engaged as a subcontractor, “Client” shall include both the instructing adviser and the end client to the extent necessary to give effect to these Terms.
By engaging our services, you agree to these terms and conditions, which form part of our engagement letter.
1.2 These terms should be read in conjunction with:
The scope of services outlined in our engagement letter.
The detailed schedules of services.
Our Privacy Policy.
1.3 These terms remain in effect unless replaced or updated. Any updates will be communicated to you.
2. Applicable Law
2.1 Our engagement and services are governed by the laws of England and Wales. By accepting these terms, you agree that disputes will fall under the exclusive jurisdiction of the courts of England and Wales.
3. Professional Body
3.1 We are regulated by the Institute of Chartered Accountants in England and Wales (ICAEW). Details of our firm can be found in the ICAEW register of members, along with the relevant code of ethics and regulatory framework.
4. Client Money
4.1 We do not hold client money. Fees paid in advance for agreed services are not considered client money and will be applied against your invoices.
5. Investment Advice and Referrals
5.1 We do not provide investment advice or make referrals in this area.
6. Commissions Received
6.1 If we or a connected business receive a commission related to introductions or transactions arranged for you, we will account for the commission and inform you in writing.
7. Data Protection
7.1 We comply with the General Data Protection Regulations (GDPR) and the Data Protection Act 2018. Details on how we handle your data are provided in our Privacy Policy.
7.2 When providing accountancy services, we act as a data controller unless otherwise specified (e.g., when processing payroll).
7.3 We adhere to the GDPR principles, including lawfulness, transparency, and data minimization.
8. Anti-Money Laundering Compliance
8.1 We are supervised by ICAEW for anti-money laundering compliance. You must provide identification and verification information before we commence work.
8.2 In accordance with statutory Anti-Money Laundering obligations, we may be required to obtain and verify identification and address documentation for the Client’s directors, shareholders, and/or beneficial owners. The Client agrees to provide such documentation promptly upon request.
9. Bribery Act 2010
9.1 We maintain policies to prevent bribery and ensure compliance with the Bribery Act 2010.
10. Conflicts of Interest
10.1 In the event of a conflict of interest, we will notify affected parties and agree on safeguards. If suitable safeguards cannot be applied, we may cease providing services.
11. Professional Indemnity Insurance
11.1 We maintain professional indemnity insurance with Hiscox Insurance Company Limited. Territorial coverage excludes the USA and Canada.
12. Complaints
12.1 If you are dissatisfied with our services, please contact Conor McCutcheon at:
Address: 93B Louisville Road, London, SW17 8RN
Email: conor@marathonaccountants.co.uk
12.2 If unresolved, you may escalate the complaint to ICAEW or an approved alternative dispute resolution body.
13. Confidentiality
13.1 All communications are confidential. Information will only be disclosed with your authorization or when required by law.
14. Fees and Payment Terms
14.1 Fees for services will be provided in a detailed proposal document. Any additional work beyond the agreed scope will be charged at our standard hourly rates.
14.2 Payment is due within 30 days of the invoice date. Late payments may incur interest under the Late Payment of Commercial Debts (Interest) Act 1998.
14.3 We reserve the right to suspend services for overdue invoices and may charge fees for recovery actions.
15. Limitation of Liability
15.1 Our liability is capped at 100% of the total fees for the specific engagement. We are not liable for indirect or consequential losses.
15.2 We are not responsible for losses caused by incorrect or incomplete information provided by you or third parties.
15.3 Any models, forecasts, reports, or supporting documents prepared by us are based on assumptions and information supplied by the Client. These are provided for advisory purposes only. We do not guarantee the outcome of any loan, grant, or funding application, nor accept liability for any decision made by a third party in respect of such applications.
15.4 Without prejudice to the general limitation of liability in this section, the aggregate liability of Marathon Accountants Ltd (and any of its directors, employees, or agents) in respect of any claim arising from or connected to the Services shall not exceed the total fees charged for the relevant engagement.
16. Termination
16.1 Either party may terminate the engagement with 30 days' written notice, except in cases of non-payment, non-cooperation, or breaches of these terms, in which case termination may be immediate.
16.2 Upon termination, we will invoice for all work completed up to that point.
17. Intellectual Property
17.1 All materials prepared by us remain our intellectual property unless agreed otherwise in writing.
18. Communication
18.1 We will communicate securely and efficiently using agreed methods, including email. You are responsible for notifying us of changes to your contact details.
19. Retention of Records
19.1 We will return your documents upon assignment completion unless agreed otherwise. Upon ceasing to act, arrangements for any remaining records will be agreed upon.
20. Miscellaneous
20.1 These terms and conditions, together with the engagement letter, represent the entire agreement between us.
20.2 The Client warrants that all information and documentation provided to us is accurate, complete, and not misleading. The Client agrees to indemnify and hold harmless Marathon Accountants Ltd from any claims, losses, or liabilities arising directly or indirectly from reliance on such information.
For any questions about these terms or our services, please contact us directly.