These Terms apply to all engagements with GrowFactor. References to “GrowFactor” mean GrowFactor LLC-FZ (UAE) acting through its UK agent Aspen White Consulting Limited. These Terms supersede previous versions once accepted and may only be amended in writing by GrowFactor LLC-FZ.
For the avoidance of doubt, all engagements for Services are contracts between the Client and:
GrowFactor LLC-FZ, a Free Zone Company registered and incorporated in the United Arab Emirates (the “Principal”).
Aspen White Consulting Limited (registered in England & Wales) acts solely as an agent authorised to administer engagements on behalf of the Principal.
The Principal is the only party obliged to provide Services under these Terms;
The Agent has no contractual liability to the Client in relation to the provision of Services other than as expressly authorised in writing by the Principal; and
The Principal shall be the only party against which the Client may bring any claim or legal action related to this engagement.
These Terms and any matter arising out of them shall be governed by and construed in accordance with the laws of the United Arab Emirates.
Except as otherwise agreed in writing:
Any dispute arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of the UAE, or such alternative dispute mechanism (e.g., arbitration) agreed in writing between the parties.
As with other professional services firms, we are required to identify our clients for local compliance and regulatory purposes. We may request, retain, and process information as required by applicable law.
Monies held on your behalf will be held in trust in appropriate segregated accounts where required, and managed in accordance with applicable legal and regulatory requirements.
We agree to stick to “The GrowFactor promise” as per the appendix which outlines the service that we will deliver. We expect you to also adhere to the “The GrowFactor Promise” which outlines the actions you are expected to take as part of an effective ongoing relationship.
We are committed to providing you with a high quality service that is both efficient and effective. However, should there be any cause for complaint in relation to any aspect of our service please contact support@growfactor.com. We agree to look into any complaint carefully and promptly and do everything reasonable to put it right.
Communication between us is confidential and we shall take all reasonable steps to keep confidential your information except where we are required to disclose it by law, by regulatory bodies, by our insurers or as part of an external peer review. Unless we are authorised by you to disclose information on your behalf this undertaking will apply during and after this engagement.
We reserve the right, for the purpose of promotional activity, training or for other business purpose, to mention that you are a client. As stated above we will not disclose any confidential information.
We will inform you if we become aware of any conflict of interest in our relationship with you or in our relationship with you and another client. Where conflicts are identified which cannot be managed in a way that protects your interests then we regret that we will be unable to provide further services.
If there is a conflict of interest that is capable of being addressed successfully by the adoption of suitable safeguards to protect your interests then we will adopt those safeguards. Where possible this will be done on the basis of your informed consent. We reserve the right to act for other clients whose interests are not the same as or are adverse to yours subject of course to the obligations of confidentiality referred to above.
GrowFactor will comply with applicable data protection regulations in the course of providing Services. In order to carry out the services of this engagement and for related purposes such as updating and enhancing our client records, analysis for management purposes and statutory returns, legal and regulatory compliance and crime prevention, with explicit consent, we may obtain, process, use and disclose sensitive personal data of which you are the subject.
Should GrowFactor or the Client wish to disengage, we will issue a disengagement letter outlining responsibilities.
Unless instructed otherwise, we may communicate electronically. Risks associated with electronic communication are born by the Client.
With electronic communication there is a risk of non-receipt, delayed receipt, inadvertent misdirection or interception by third parties. We use virus-scanning software to reduce the risk of viruses and similar damaging items being transmitted through emails or electronic storage devices. However electronic communication is not totally secure and we cannot be held responsible for damage or loss caused by viruses nor for communications which are corrupted or altered after despatch. Nor can we accept any liability for problems or accidental errors relating to this means of communication especially in relation to commercially sensitive material. These are risks you must bear in return for greater efficiency and lower costs. If you do not wish to accept these risks please let us know and we will communicate by paper mail, other than where electronic submission is mandatory.
Any communication by us with you sent through the post is deemed to arrive at your postal address two working days after the day that the document was sent.
Our fees may depend not only upon the time spent on your affairs but also on the level of skill and responsibility and the importance and value of the advice that we provide, as well as the level of risk.
If we provide you with an estimate of our fees for any specific work, then the estimate will not be contractually binding unless we explicitly state that that will be the case.
Where requested we may indicate a fixed fee for the provision of specific services or an indicative range of fees for a particular assignment. It is not our practice to identify fixed fees for more than a year ahead as such fee quotes need to be reviewed in the light of events. If it becomes apparent to us, due to unforeseen circumstances, that a fee quote is inadequate, we reserve the right to notify you of a revised figure or range and to seek your agreement thereto.
In some cases, you may be entitled to assistance with your professional fees, particularly in relation to any investigation into your tax affairs by HMRC. Assistance may be provided through insurance policies you hold or via membership of a professional or trade body. Other than where such insurance was arranged through us you will need to advise us of any such insurance cover that you have. You will remain liable for our fees regardless of whether all or part are liable to be paid by your insurers.
We will bill at appropriate intervals and our invoices are due for payment within 14 days of issue. Our fees are exclusive of VAT which will be added where it is chargeable. Any disbursements we incur on your behalf and expenses incurred in the course of carrying out our work for you will be added to our invoices where appropriate.
Unless otherwise agreed to the contrary our fees do not include the costs of any third party, counsel or other professional fees.
It is our normal practice to ask clients to pay by monthly direct debit and to periodically adjust the monthly payment by reference to actual billings.
We reserve the right to charge interest on late paid invoices at the rate of 8% above bank base rates under the Late Payment of Commercial Debts (Interest) Act 1998 plus a compensation based on the size of the invoice: £40 for invoices less than £1000; £70 for a debt between £1,000 and £10,000 and £100 for a debt of £10,000 or more. We also reserve the right to suspend our services or to cease to act for you on giving written notice if payment of any fees is unduly delayed. We intend to exercise these rights only where it is fair and reasonable to do so.
If you do not accept that an invoiced fee is fair and reasonable you must notify us within 14 days of receipt, failing which you will be deemed to have accepted that payment is due.
If a client company, trust or other entity is unable or unwilling to settle our fees we reserve the right to seek payment from the individual (or parent company) giving us instructions on behalf of the client and we shall be entitled to enforce any sums due against the Group Company or individual nominated to act for you.
No refunds shall be given to the client against any projects following proposal sign off.
All payments collected by the Agent are on behalf of the Principal, GrowFactor LLC-FZ.
We will only assist with implementation of advice if specifically instructed and agreed.
GrowFactor retains ownership of all copyright and proprietary rights unless specifically agreed otherwise.
If any provision is held void, it shall be deemed not part of the contract, with remaining provisions still enforceable.
If investment or insurance advice is required, we may refer you to authorised third parties.
GrowFactor may exercise a lien over documents and records related to the engagement until outstanding fees are paid in full.
The advice and information we provide to you as part of our service is for your sole use and not for any third party to whom you may communicate it unless we have expressly agreed in the engagement letter that a specified third party may rely on our work. We accept no responsibility to third parties, including any group company to whom the engagement letter is not addressed, for any advice, information or material produced as part of our work for you which you make available to them
Each of us may terminate this agreement by giving not less than 30 days notice in writing to the other party except where you fail to cooperate with us or we have reason to believe that you have provided us or HMRC with misleading information, in which case we may terminate this agreement immediately. Termination will be without prejudice to any rights that may have accrued to either of us prior to termination.
In the event of termination of this contract, we will endeavour to agree with you the arrangements for the completion of work in progress at that time, unless we are required for legal or regulatory reasons to cease work immediately. In that event, we shall not be required to carry out further work and shall not be responsible or liable for any consequences arising from termination.
Upon termination any open invoices or further invoices raised during the notice period will be payable and non-refundable. GrowFactor reserve the right to make a one-off charge for any work completed but not covered by the direct debit.
GrowFactor will comply with statutory/regulatory requirements and professional guidelines relevant to the Services.
We will endeavour to record all advice on important matters in writing. Advice given orally is not intended to be relied upon unless confirmed in writing. Therefore, if we provide oral advice (for example during the course of a meeting or a telephone conversation) and you wish to be able to rely on that advice, you must ask for the advice to be confirmed by us in writing.
You have a legal responsibility to retain documents and records relevant to your financial affairs. During the course of our work we may collect information from you and others relevant to your tax and financial affairs. We will return any original documents to you [if requested]. Documents and records relevant to your tax affairs are required by law to be retained as follows:
Individuals, trustees and partnerships:
with trading or rental income: 5 years and 10 months after the end of the tax year;
otherwise: 22 months after the end of the tax year;
Companies and Limited liability Partnerships:
6 years from the end of the accounting period;
Whilst certain documents may legally belong to you, unless you tell us not to, we intend to destroy correspondence and other papers that are more than seven years old, except documents we think may be of continuing significance. You must tell us if you wish us to keep any document for any longer period.
Our professional indemnity insurer PfP, 5 Sylvan House, Basildon, Essex, SS15 6TH. The territorial coverage is worldwide excluding professional business carried out from an office in the United States of America or Canada and excludes any action for a claim brought in any court in the United States or Canada.
All fees paid at any Global Accounting Advisors events are non refundable.
The fees paid allow the client to eight hours of CFO coaching within a 12 month period.
All clients will be contacted once by email and once by phone call. It is the responsibility of the client to book in coaching sessions once paid.
There will be occasions where clients are introduced to an IFA if the clients want general financial advice on investments or if the client has expressed an interest in securities (shares, debentures, Government securities).
GrowFactor Limited does not require a DPB license as the advice sought is of a general nature.
GrowFactor Limited may be remunerated for the referral by the IFA firm. The referral fee paid to GrowFactor will not exceed 25% and will not affect the fee quoted to the client.
