Terms of Engagement
‘Avesta Payroll’ and ‘Avesta Accounting’ are trading names of Avesta Accounting Solutions Limited ("We"). We are registered in England and Wales under company registration no: 2838101. Our main website is www.AvestaAccounting.co.uk ("our site"), and details set out in this document apply to use of our services through our sites or by any other means of communication. We act in the capacity of "payroll agent" for an employer. As "payroll agent", We are not a party to any employment or other arrangement entered into between a subscriber/client, and their employee and is not responsible for payment of any statutory liability or any other obligation that may arise as a consequence of the relationship between employer and employee.
Avesta Payroll subscriptions will run for a specified period, normally twelve months, from the first week or month of tax records maintained on behalf of a client. Twelve month contracts will run for a period of at least six months. One subscription covers one employee, or any number of single employees employed consecutively (but not concurrently) over a twelve month period. Where a client joins Avesta Payroll with retrospective employment payroll liability to be calculated and declared, the subscription period will be backdated to the start of the period in question. Where the backdated period is more than twelve months’ duration, or if there are any complex and non-standard issues resulting in significant extra work for Avesta Payroll then we reserve the right, at our discretion, to charge an additional fee. If a client subscription is terminated, and you wish Avesta Payroll to file your End of Year Return electronically, a further charge will be payable.
All Avesta Payroll subscriptions are based on calendar weeks or calendar months, other payroll periods requested by clients will generally not be accepted. Where employment starts or ends otherwise than on the first or last day of a week or month, the first (or last) payslip issued will be to/from the date specified, as the case may be.
All invoices are due for payment within 14 days of the original invoice being issued. Any invoice outstanding beyond this point may mean late fees or subscription cancellation at our discretion.
A full refund of a new Avesta Payroll subscription is available within our first 30 days free trial period if a client decides not to continue with the service, so long as the work carried out is standard payroll only. Fees apply for any non-standard payroll work.
Where a client ceases to require our services before their subscription period has expired, upon request, they will be entitled to a subscription refund. Our refund policy offers clients a pro rata refund after the client has been subscribed to our service for at least 6 months. If a client subscription is terminated early, and you wish Avesta Payroll to file your End of Year Return electronically, a further charge will be payable. There is also option to freeze subscription for a period of time.
We will not bear any responsibility for Inland Revenue penalties or interest charges which may arise as a result of employment arrangements existing prior to a client appointing us or for retrospective liability due or the consequences of late-filing a declaration of retrospective liability where the client appointed Avesta Accounting Solutions after the due date. Furthermore, we will not bear any responsibility for Inland Revenue penalties, interest charges or other costs that may arise as a consequence of failure on a client's part or their employee to make income tax or National Insurance liability payments due by dates notified to that client either by us or by the Inland Revenue, or as a consequence of the client’s or employee's failure to make information available to Avesta Accounting Solutions which would affect or delay the submission to the Inland Revenue of statutory returns by relevant due dates.
We will not bear any responsibility for additional tax and National Insurance liabilities which may arise as a consequence of a client agreeing to pay a net wage to their employee where variations in that employee's personal tax code from the standard single person's tax allowance in any given tax year result in the client incurring additional liability to that which would have been incurred had a gross wage been agreed. Furthermore, we will not accept liability for overpayment or underpayment of wages incurred as result of an error, howsoever arising, in processing a client’s specified wage for any period in excess of one month from the date on which the first payslip for a full period of a week or month at the newly instructed rate is sent to the client. It is each client’s responsibility to check payslips received from Avesta Payroll to ensure that the specific net pay or gross pay sum they have stipulated is shown on the first full week or full month payslip provided.
We will not be liable for any consequences arising from the employer not abiding by all their statutory requirements under the law for employing someone. This includes, but is not restricted, to matters of workplace safety, employer's liability insurance, employment contracts and minimum wage payments. It is entirely the responsibility of the employer, and not Avesta Accounting, that they pay the correct minimum wage. Please refer to the Government websites for the latest statutory requirements with regards to employment and minimum wage.
While we will make all reasonable efforts to make clients aware of the tax and National Insurance implications of their proposed or actual employment arrangements under the PAYE system, we will not bear any responsibility for liabilities that may arise out of a client's unfamiliarity with or lack of understanding of how the PAYE system works in terms of their own particular employment arrangements. It is the client’s responsibility to seek appropriate professional advice, if required. We will not be held responsible for any additional tax or National Insurance liability incurred as a consequence of the client’s failure to follow advice given by Avesta Accounting Solutions.
We will not accept liability for any consequences arising from the failure of Avesta Accounting to receive information from a client or of a client to receive information from Avesta Accounting where such failure is due to a failure of the postal or other communications system (such as e-mail or telephone) or any other circumstances over which we has no direct control. Without prejudice to the generality of the foregoing, we accept no liability for bank or other charges or expense incurred as a result of late or non-receipt of payslips and any consequent failure by a client to pay salaries. It is the client’s responsibility at all times to ensure payment of salaries is made on time. Clients are requested to contact us if information they are expecting from Avesta Accounting has not been received within ten working days of it being due - unless they have already been advised by us of a longer timeframe or of specific reasons for such a delay.
We will not be liable for the consequences of any advice or actions from Avesta Accounting given or omitted in error that may result in the subscriber not receiving the Inland Revenue Online Incentive Payment. We will not be liable for the consequences of the Inland Revenue not making Inland Revenue Online Incentive Payment in part or in full for whatever reason.
If you move your PAYE account from Avesta Payroll to another payroll bureau, we will not process your filing online which may result in the subscriber not receiving the Inland Revenue Online Incentive Payment, unless we are instructed to do so and fee for the service is paid.
We may cancel the contract at any time by giving to the client not less than three months’ notice in writing. Also, we reserve the right to alter, amend and reissue these terms and conditions under which it provides its service as a result of changes in law or as a result of issues that arise in the course of providing a service to its clients. Clients will be notified in advance of any changes to Avesta Accounting’s terms and conditions which affect them.
Each party to this contract acknowledges that this contract contains the whole agreement between the parties and that it has not relied on any oral or written representation made to it which is not set out in this contract.
This contract shall be governed by English law.
The handling and processing of personal data by Avesta Payroll complies with the Data Protection Act 1998 (Registration Number: Z3363609). Avesta Accounting's database of client information is securely protected against unauthorised entry. We observe a strict duty of confidentiality and will not disclose information held by us to any person without the client’s consent unless compelled to do so by law.
Avesta Accounting Solutions Limited, trading as Avesta Payroll and Avesta Accounting, is registered with HMRC under the Money Laundering Regulations 2007 (Registration Number: 12693446), and is required to, and will comply with all legislation and appropriate guidelines designed to combat money laundering activity, the funding of terrorist or criminal activity in the jurisdictions in which it operates. We are required under the rules of the HMRC and the provisions of the Money Laundering Regulations 2007 to verify the identification of our clients. For this purpose you agree to provide the documents and information that may be required to comply with the company’s procedures.
Use of Our Site and e-mail Communication
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
You may use our site only for lawful purposes. You may not use our site in any way that breaches any applicable local, national or international law or regulation, or, in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect. You may also not use our site for the purpose of harming or attempting to harm minors in any way or to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards. You may not transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation and spam. To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree not to reproduce, duplicate, copy or re-sell any part of our site. Not to access without authority, interfere with, damage or disrupt any part of our site, or any equipment or network on which our site is stored. You must also not access any software used in the provision of our site or any equipment or network or software owned or used by any third party.
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
As internet communications are capable of data corruption we do not accept any responsibility for changes made to such communications after their despatch. For this reason it may be inappropriate to rely on advice contained in an e-mail without obtaining written confirmation of it. All risks connected with sending commercially sensitive information relating to your business are borne by you and are not our responsibility. If you do not accept this risk, you should notify us in writing that e-mail is not an acceptable means of communication.