The ACA recommends the following as best practice guidance: incorporation of terms by reference:-
1. Ensure you complete and sign an appropriate and current Standard Form of Agreement / Contract at the outset.
This should prevent misunderstandings on what has been agreed.
2. Agree the scope of services within the Agreement / Contract with the Client. Clarify what is included and the cost.
This should avoid the risk of unlimited liability.
3. Consider the effect of any proposed amendments to the Standard Form and ensure you take appropriate legal advice.
Avoid jeopardising good working relationships.
4. Ensure all terms of any agreement / contract are clearly set out and that none are “incorporated by reference” as these will not appear within what you sign.
If necessary ensure terms of agreement are signed separately.
Don’t waste time and avoid costly disputes