Website and engagement terms
These terms govern your use of the BlackHawk Consulting website and describe the general basis on which we provide professional services. Website content is general information only and is not accounting, tax, legal, investment or other professional advice.
Your signed engagement letter takes precedence. No client relationship is created by visiting this website, sending an enquiry or receiving a proposal. An engagement begins only when the applicable engagement letter is accepted. If these website terms conflict with that letter, the engagement letter controls.
Our services
We provide only the services and deliverables identified in the engagement letter. Timelines, assumptions, responsibilities, service levels and exclusions will be agreed there. Unless expressly included, we do not provide legal advice, audit opinions, regulated investment advice or authority to act as a director, trustee, bank signatory or fiduciary.
We may use appropriately supervised employees, contractors and specialist providers to perform the work. We remain responsible for managing delivery in accordance with the engagement terms.
Fees, invoices and payment
Fees, taxes, expenses, billing frequency and payment methods are set out in the proposal or engagement letter. Unless otherwise agreed, invoices are payable by the due date shown on the invoice.
If an undisputed amount remains overdue, we may charge interest or reasonable recovery costs where the engagement letter and applicable law allow, and may pause affected services after giving reasonable notice. The client should raise an invoice query promptly and pay any undisputed portion on time.
Client responsibilities
Our work depends on complete and timely information. The client is responsible for:
- providing accurate records, explanations, system access and approvals by agreed deadlines;
- reviewing reports, returns, payroll outputs and filings before submission or release;
- making management decisions and maintaining appropriate internal controls;
- telling us promptly about errors, suspected fraud, material changes or missed deadlines; and
- retaining source records where required by law.
We may rely on information supplied by the client and its advisers unless we have agreed to verify it. Delays or inaccuracies may affect timing, fees and the quality of the resulting work.
Preparation, approval and payment controls
Unless a signed engagement expressly states otherwise, BlackHawk prepares payment files, schedules, reconciliations or instructions for client review. The client retains final authority and responsibility to approve filings, release payments and operate its bank accounts.
We do not take custody of client money. Access rights, approval limits and segregation of duties should be documented during onboarding and reviewed when personnel or systems change.
Confidentiality, data and working papers
Each party must protect the other’s confidential information and use it only for the engagement, except where disclosure is authorised or required by law, a regulator, insurer or professional adviser. Our handling of personal information is described in our Privacy Policy and any engagement-specific data-processing terms.
The client retains ownership of its records and pre-existing materials. BlackHawk retains ownership of its methods, templates, tools, know-how and working papers, subject to the client’s right to use agreed deliverables for their intended purpose. At the end of an engagement, we will provide agreed client records in a reasonably usable format.
Liability and professional insurance
Any liability cap, excluded loss, claim period, allocation of responsibility and professional indemnity position must be stated in the engagement letter and is subject to applicable law. Nothing in these terms excludes liability that cannot lawfully be excluded.
We are not responsible for losses caused by inaccurate or late client information, unauthorised system changes, third-party services outside our control, or a client decision made contrary to our written advice. The client remains responsible for its commercial decisions and statutory obligations.
Ending an engagement
Unless the engagement letter provides otherwise, either party may end an ongoing engagement on 30 days’ written notice. A party may end sooner for a material breach that is not remedied within a reasonable period, non-payment, illegality, sanctions or a serious security or professional-risk concern.
The client remains responsible for fees and approved expenses incurred up to the end date. Subject to payment and legal retention duties, we will support an orderly handover, provide agreed client files and revoke access when our role ends.
General terms
Neither party is liable for delay caused by events reasonably beyond its control, but the affected party should notify the other and take reasonable steps to reduce disruption. A failure to enforce a term is not a waiver. If a term is unenforceable, the remaining terms continue.
The engagement letter should state the governing law, dispute process and courts or forum that apply. Unless another law is agreed in writing, these website terms are governed by the laws of Nepal, with disputes subject to the courts of Nepal.
Questions may be sent to info@blackhawk.com.np.