Provision of Services Information
Provision of Services Regulations 2009
The following information is designed to draw the attention of interested parties to the information required to be disclosed by the Provision of Services Regulations 2009.
Andrew Davenport is licensed to act as an Insolvency Practitioner (“IP”) in the United Kingdom by the Insolvency Practitioners Association (“IPA”).
Andrew Davenport is a fellow of both the IPA and ACCA (Association of Chartered Certified Accountants).
Rules Governing Actions
All IPs are bound by the rules of their professional body. The rules of the professional body that licences Andrew Davenport of Maxim can be found at https://insolvency-practitioners.org.uk/about/ipa-articles-of-association-and-regulation-rules/. In addition, IPs are bound by the Statements of Insolvency Practice (SIPs), details of which can be found at https://www.r3.org.uk/technical-library/england-wales/sips/.
All IPs are required to comply with the Insolvency Code of Ethics and a copy of the Code can be found at the IPA website – https://insolvency-practitioners.org.uk/wp-content/uploads/2020/08/IPA-Code-of-Ethics.pdf.
At Maxim we always strive to provide a professional and efficient service. However, we recognise that it is in the nature of insolvency proceedings for disputes to arise from time to time. As such, should you have any comments or complaints regarding the administration of a particular case then in the first instance you should contact the IP acting as office holder.
If you consider that the IP has not dealt with your comments or complaint appropriately you should then put details of your concerns in writing to our complaints officer Andrew Davenport at [email protected] This will then formally invoke our complaints procedure and we will endeavour to deal with your complaint promptly.
Most disputes can be resolved amicably either through the provision of further information or following negotiations. However, in the event that you have exhausted our complaints procedure and you are not satisfied that your complaint has been resolved or dealt with appropriately, you may complain to the regulatory body that licences Andrew Davenport at Maxim, being the IPA. Any such complaints should be addressed to The Insolvency Service, IP Complaints, 3rd Floor, 1 City Walk, Leeds, LS11 9DA, and you can make a submission using an on-line form available at www.gov.uk/complain-about-insolvency-practitioner; or you can email [email protected]; or you may phone 0300 678 0015. Information on the call charges that apply is available at https://www.gov.uk/call-charges.
Professional Indemnity Insurance
Maxim’s Professional Indemnity Insurance is provided by Zurich Insurance plc of The Zurich Centre, 3000 Parkway, Whiteley, Fareham, Hampshire, PO15 7JZ. This professional indemnity insurance provides worldwide coverage (excluding professional business carried out from an office in the United States of America or Canada, and any action for a claim brought in any court in the United States of America or Canada).
Maxim is registered for VAT under registration number 165 3691 88.
Bribery Act 2010
Maxim is committed to applying the highest standards of ethical conduct and integrity in its business activities. Every employee and individual acting on Maxim’s behalf is responsible for maintaining our reputation and for conducting company business honestly and professionally.
We take a zero-tolerance approach to bribery and corruption and we are committed to acting professionally, fairly and with integrity in all of our business dealings and relationships wherever we operate.
Maxim requires all those who are associated with it to observe the highest standards of impartiality, integrity and objectivity.
Maxim prohibits anyone acting on its behalf from:
- bribing another person. A bribe includes the offering, promising or giving of any financial or other type of advantage;
- accepting a bribe. This includes requesting, agreeing to receive or accepting any financial, or another kind of advantage;
- bribing a foreign public official; and
- condoning the offering or acceptance of bribes.
- avoid doing business with others who do not accept our values and who may harm our reputation;
- maintain processes, procedures and records that limit the risk of direct or indirect bribery;
- promote awareness of this policy amongst its staff, those acting on its behalf and entities with which it has any commercial dealings;
- investigate all instances of alleged bribery, and will assist the police, and other authorities when appropriate, in any resultant prosecutions. In addition, disciplinary action will be considered against individual members of staff;
- review this policy regularly and update it when necessary.
Standard Terms of Business
- Introduction and Definitions
1.1 These terms of business (“the Terms”) should be read and construed in conjunction with the Engagement Letter which accompanies or refers to them. Where there is any inconsistency between the Terms and the Engagement Letter, the Engagement Letter will prevail.
1.2 In the Terms, the following words and phrases shall (where the context so permits) have the following meanings:-
“Client” or “you” means the addressee(s) of the Engagement Letter;
“Maxim”, “we” or “us” means Maxim IP Limited;
“Maxim Persons” means Maxim IP Limited and each and all of our members, directors, employees, consultants and agents;
“Engagement Letter” means a letter enclosing or referring to the Terms and recording the engagement by you of Maxim for the purpose of delivering the Services;
“Services” means the services to be provided by Maxim in accordance with the Services Contract; and
“Services Contract” means the contract between the Client and Maxim, the terms of which are recorded in the Terms and in the Engagement Letter, together with any documents or other terms applicable to the Services to which specific reference is made in the Engagement Letter or in the Terms.
- Our working relationship
To achieve the Client’s objectives, it is essential that the Client and Maxim work together closely, and that any changes in the Client’s objectives are communicated promptly and clearly to Maxim. Such changes may require amendments to the scope of the Services as set out in the Engagement Letter and Maxim will issue appropriate amendments to record these changes from time to time. It is the Client’s responsibility, however, to decide the use of and the extent to which it relies upon and implements the recommendations or advice of Maxim.
The scope of the Services to be provided by us is detailed in and limited to what is set out in the Engagement Letter, as amended or supplemented from time to time. Maxim shall not be responsible for providing any service or advice outside that scope unless it does so in writing.
- Employees of Maxim
From time to time we may delegate tasks to suitably experienced fee earners to enable your work to be carried out in a timely and cost effective manner.
- Data Protection
Information we hold about you includes personal information such as your name, address and details of your accounting information. This personal information will be held in accordance with the applicable data protection legislation. We will use this information to provide the Services and to deal with enquiries that you may make or authorise. We may also add this information to our marketing database to contact you or appropriate persons within your organisation about professional services that may be of interest to you, unless you tell us that you do not want to receive such information. We will only disclose your personal information to other people or organisations if we have obtained your consent to do so or in exceptional circumstances where we are required or permitted to do so by law.
- Your obligations to us
6.1 To enable us to provide the Services to you, you agree to provide us with all relevant information, including any matters or facts which may have any bearing on our acting for you or our provision of the Services so that we can consider whether it is relevant to the conduct of the matter.
It is of particular importance that:
6.1.1 you provide us in a timely manner with all instructions, information and documents required for us to provide the Services;
6.1.2 all information which you provide to us is true, accurate and not misleading to the best of your knowledge, information and belief; and
6.1.3 if there are changes to the information provided to us, you notify us immediately.
Accordingly Maxim shall not be responsible for any loss or damage arising from reliance on any information, or for any inaccuracy or other defect in any document, supplied by you.
7.1 Basis of our fees
Our fees will be charged on the basis set out in the Engagement Letter or, if not so set out, on the basis of any other written or verbal agreement made between us. In cases where our charges are based on hourly rates, unless otherwise agreed, our rates are subject to review from time to time and we will keep you informed of any changes which are made.
7.2 Fee estimates
Any fee estimate given by us will be given in good faith but will not be contractually binding unless the Engagement Letter expressly provides that it shall be. It will be subject to the stated exceptions, assumptions and any other factors outside our control and, where it is practicable to do so, we will notify you if it is likely to be exceeded.
7.3 Disbursements and expenses
In addition to our fees, we may incur disbursements, for example, fees payable to experts, agents or other professional advisers instructed by us on your behalf. We will include the full amount of these disbursements on our invoices to you (including VAT as appropriate) along with a description showing the nature of the charges incurred. We reserve the right to raise disbursement only invoices to cover charges incurred at any time and/or to request from you sums on account of disbursements that are likely to be reasonably and properly incurred. If we need to use a firm of experts, agents or other professional advisers (including our associated offices or chosen firm in other jurisdictions), then that organisation may have its own terms of business that will apply to their work. Prior to instructing them we will seek to obtain a quotation or estimate of costs from them together with any applicable terms so that we can provide you with details of these. We will charge you for incidental expenses including document reproduction, couriers, travel, accommodation and bank transaction costs. All such costs will be clearly itemised on the relevant invoice to you.
Unless otherwise stated in the Engagement Letter, we will submit invoices on a monthly basis and these invoices are due to be paid on presentation. If they are not paid within 30 days then we will have the right to suspend work and to charge interest at the base rate of the Bank of England plus 2.5% starting from presentation and compounded on a monthly basis on the last day of each month. If we are holding money on your behalf, we may use such funds (and any accrued interest) in payment or part payment of our invoices.
Subject to clauses 8.2 and 11.2, Maxim and Maxim Persons will treat all information which is provided to us by you or on your behalf for the purpose of providing the Services as strictly confidential and we will not use or disclose the information except for the purpose of providing the Services (which you acknowledge may require us to disclose information to third parties, including your other advisers). This obligation will not apply to any information which is in or comes into the public domain otherwise than as a result of a breach by us of the Terms, nor does it apply to information which is already lawfully in our possession at the time it is communicated by you to us.
Notwithstanding clause 8.1, Maxim and Maxim Persons will be entitled to disclose confidential information relating to or belonging to you to:
- our auditors and any other professional advisers appointed by us from time to time;
- our professional indemnity insurers;
- any other third party to the extent that this is required by law or regulation; and
- members of Maxim for the purpose of conflict checking and any other bona fide purposes of Maxim provided that the other members to whom it is disclosed keep it confidential.
8.3 Contractual Obligations
Clauses 8.1 and 8.2 will continue in force beyond the termination or the expiry of the Services Contract.
- Money Laundering
We are required to carry out identity checks to ensure compliance with money laundering legislation. Please bear with us if you are asked for confirmation of identity. We recognise this takes some time and effort but it is a legal requirement and not something we are able to avoid.
- Electronic Communication
Unless you instruct us in writing to the contrary, we will use ordinary e-mail to communicate with you and to send you documents. Maxim shall not be responsible for any loss or damage arising from the unauthorised interception, redirection, copying or reading of emails, including any attachments, nor shall we be responsible for the effect on any computer system or any loss or damage arising from such effects of any emails, attachments or viruses which may be transmitted by this means (save to the extent that this is caused by our negligence or wilful default).
- File Storage and retention of documents
11.1 Generally files and papers relating to work that we carry out for you will be retained by us for 6 years after the date of our final invoice, after which they will be destroyed. If you do not wish this to happen then you need to give us written instructions to the contrary so that we can arrange ongoing safe custody on a charged basis, or for your papers to be returned to you. Please note that all of our internal workings papers, such as notes, working drafts and internal communications belong to us and will be retained and/or destroyed by us in accordance with our normal procedures.
11.2 You agree that we shall be entitled to retain for our own purposes copies of all files and documents created and received by us during the provision of the Services.
- Intellectual Property Rights
Maxim retains all copyright, database rights and other intellectual property rights in all works and other things developed, designed, generated or created by us in the course of providing the Services to you (either before the commencement of or during or after the completion of the provision of the Services) including systems, methodologies, software, know-how, documents and working papers. For the avoidance of doubt, Maxim also retains all copyrights, database rights and other intellectual property rights in all reports, written advice, documents and all other materials provided by Maxim to you.
13.1 Duty of care
We will use all reasonable skill and care in the provision of the Services. However, we will not be responsible for any losses, penalties, surcharges, interest or additional tax or other liabilities arising from the supply by you or others of incorrect or incomplete information, or your or others’ failure to supply any appropriate information or your failure to act on our advice or to respond promptly to communications from us or the tax authorities.
13.2 Exclusion and limitation of liability
The Services are provided and are for the benefit of you as our client, and you alone. Maxim accepts liability to you and you alone and only as set out in these Terms. Neither Maxim nor any Maxim
Person shall be liable to any other person as a result of you communicating any advice we provide to them. You agree that you will not communicate any such advice to any other person without our consent.
- Nothing in the Terms or Engagement Letter will limit any liability that we may have to you in respect of any loss caused by our fraud, fraudulent misrepresentation or reckless disregard of our professional obligations or in any other situation where the law prohibits us from excluding or limiting our liability to you, including in respect of any death or personal injury resulting from our negligence.
- The aggregate liability of Maxim and Maxim Persons in any circumstances whatsoever, and however caused (including as a result of our negligence) for loss or damage arising from or in connection with the provision of the Services shall be limited to the sum specified in the Engagement Letter, or, if no sum is specified, a sum equal to the limit of our professional indemnity insurance at the time the claim is notified to us.
- The extent to which any loss or damage will be recoverable by you from us will also be limited so as to be in proportion to our contribution to the overall fault for such loss or damage, taking into account any contributory negligence by you and any negligence by your other advisers and/or third party responsible to you and/or liable in respect of such loss or damage.
14. Complaints Procedure
If you have any concerns at any time about the service that we are providing to you, please in the first instance take this up with the Client Director whose name has been notified to you in the Engagement Letter. If you are not satisfied with the response given by him or her (or if you want to complain about him or her) we have a formal complaints procedure, a copy of which will be provided upon request.
Maxim reserves the right to cease to act on your behalf if we consider this appropriate (for example, in circumstances where you are in breach of the terms of the Services Contract). If we propose to exercise this right, we shall so as far as is reasonably practicable consult with you. We will charge you for all work completed up to the date of termination of the Services Contract on a pro rata basis.
16.1 Governing law and jurisdiction
16.1.1 The Services Contract shall be governed by and interpreted in accordance with English Law. You irrevocably agree that the English Courts shall have exclusive jurisdiction over any dispute which may arise out of or in connection with the Services Contract.
16.1.2 The agreement contained in the proceeding paragraph is included for our benefit and for the avoidance of doubt we reserve the right to bring proceedings in any other Court of competent jurisdiction and you irrevocably waive any objection to, and agree to submit to, the jurisdiction of such courts. The taking of proceedings by us in one or more jurisdictions will not preclude the taking of steps in any other jurisdiction, whether concurrently or not.
16.1.3 You agree that any judgment or order of any court referred to above will be conclusive and binding and may be enforced in the courts of any other jurisdiction.
In appropriate circumstances Maxim will use third parties (including, where appropriate, agents or other members of Maxim or Maxim persons) to assist us in providing any part of the Services. Any reference to our employees in the Services Contract includes these third parties.
16.3 Force Majeure
Neither you nor Maxim can be held liable for any delay or failure to fulfil our respective obligations under the Services Contract as a result of causes beyond our reasonable control. Such causes include, but are not limited to, fire, floods, acts of God, acts and regulations of any governmental or supranational authority, war, riots, strikes, lockouts and industrial disputes.
Any delays in enforcing the terms or conditions of the Services Contract will not affect or restrict any of the rights and powers arising under the Services Contract. Either party will only be taken to have released its rights under the Services Contract if it has confirmed such release in writing to the other.
16.5 Third Party Rights
A person who is not a party to the Services Contract shall have no rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any term of the Services Contract.
If any part of the Terms or the Engagement Letter are found by any court or authority of competent jurisdiction to be illegal, invalid, or unenforceable then that provision will, to the extent required, be severed and will be ineffective but without affecting any other provisions which will remain in full force and effect.
Any notice to be given under the Services Contract shall be given in writing and delivered by pre-paid first-class post (or prepaid overseas equivalent) to, or by hand at, our respective addresses appearing in the Engagement Letter (or such other addresses as may have been notified in writing). Notices shall be deemed to be given in the case of delivery personally on delivery and in the case of posting (in the absence of earlier receipt) 48 hours after posting (6 days if sent by overseas first-class post equivalent).
The Services Contract may not be assigned by you to any other person without the prior written consent of Maxim.
- Entire Agreement
The Services Contract constitutes the entire agreement between Maxim and you in respect of the Services. Maxim and you both acknowledge (respectively) we and you have not entered into this Services Contract on the basis of, and have not relied upon any statement, representation, warranty or other provision except those expressly included in this Services Contract. No remedy shall be available in respect of any statements, representation or warranty other than a remedy available under this Services Contract. The proceeding two sentences shall not apply to any statements, representation or warranty made fraudulently.