Reply to: Accountant claiming tie in period

[Chart Accountancy]

Engagement letter to me is preferable compared to a tick box on a website. An engagement letter covers responsibilities of both parties and make it all clear. If the content of the website has been changed, how it can be proved what was ticked a few years ago.

[radish2008]

But many sites have a tick box that says you agree to their terms and conditions so I think they can.

You will also have signed it as well.

It's not already ticked though - if it is already ticked you could easily miss it as the OP has. Tell them to do one.

[ContrataxLtd]

In practice I think Ts & Cs with businesses run by decent people are a bit of a formality. We inevitably lose clients from time to time for a variety of reasons, and we normally just agree with the client what makes sense in terms of the ending of the billing. I don't think either we or a client has ever resorted to "but the engagement letter says...", as if you're at that stage, the relationship is already soured so both parties have lost IMO.

Agree with this bit entirely, we've never once had to resort to the engagement letter as see it as a formality more than anything.

Martin
Contratax Ltd

[Maslins]

The bit about tick boxes on websites interests me. 1-2 years ago we moved from sending out letters of engagement which someone needed to e-sign, to it instead basically being a tick box on a website. Reason being it made it one more streamlined process for the client to sign up, do everything in one place. We checked with the ICAEW, and they seemed fine with it (ie ticking a box rather than signing anything). Perhaps relevant that the client does have to tick it, as opposed to not untick it...ie it does require their action to confirm.

In practice I think Ts & Cs with businesses run by decent people are a bit of a formality. We inevitably lose clients from time to time for a variety of reasons, and we normally just agree with the client what makes sense in terms of the ending of the billing. I don't think either we or a client has ever resorted to "but the engagement letter says...", as if you're at that stage, the relationship is already soured so both parties have lost IMO.

[SueEllen]

Doesn't look like it's the first time, there are other bad reviews of Clear Accountancy Solutions on Google.

While a contract in the UK don't have to be written down, you need to be very careful when getting people to agree something on your website which you later use as part of a contract.

[tiggat]

Looks like they fecked up.

Doesn't look like it's the first time, there are other bad reviews of Clear Accountancy Solutions on Google.

[SueEllen]

They are now saying they will waive the six month tie in as "good will" and I will pay them for one month.

Looks like they fecked up.

[tiggat]

They are now saying they will waive the six month tie in as "good will" and I will pay them for one month.

[billybiro]

But many sites have a tick box that says you agree to their terms and conditions so I think they can.

You will also have signed it as well.

If the checkbox is pre-ticked, you've got a much better leg to stand on. The law is quite clear about requiring you to explicitly opt-in (i.e. by default the checkbox is unchecked and you have to explicitly and very physically check that box). I've known of a few cases where a pre-ticked box did not stand up when push came to shove and it was argued against.

[l35kee]

I can't believe they are arguing over 6 months fees with a client who wants to leave because of poor service (from the sounds of it). Surely the best thing to do is just end the engagement, provide the transfer information (probably very little) and just close the file and be done with the hassle?

Martin
Contratax Ltd

That might be their business model.

[northernladuk]

I don't think they can argue a pre-ticked box constitutes consent to the tie-in.

But many sites have a tick box that says you agree to their terms and conditions so I think they can.

You will also have signed it as well.

[ContrataxLtd]

I can't believe they are arguing over 6 months fees with a client who wants to leave because of poor service (from the sounds of it). Surely the best thing to do is just end the engagement, provide the transfer information (probably very little) and just close the file and be done with the hassle?

Martin
Contratax Ltd

[northernladyuk]

Their terms and conditions state : "services must not expire before the date that falls 12 months from the commencement date"


I don't think they can argue a pre-ticked box constitutes consent to the tie-in.

You could try to argue that their failure to provide an acceptable level of service is a material breach of contract, and then invite them to sue.

[tiggat]

You should have had some documentation when you signed up. Have you read through it all carefully?

If you can't find it ask them to provide a copy of them with their T&Cs.

Their terms and conditions state : "services must not expire before the date that falls 12 months from the commencement date"

The website form is very clear you sign up to a 6 or 12 month contract.

So I don't think there is anything you can do except remember do your research before hand next time

I don't think they can argue a pre-ticked box constitutes consent to the tie-in.

[eek]

The website form is very clear you sign up to a 6 or 12 month contract.

So I don't think there is anything you can do except remember do your research before hand next time