iLodge.au

Client Agreement & Terms of Service 

“ZEE ACCOUNTANT” Responsibilities 
Tax Agent Services

Preparations of Income Tax Returns

  •  Compilation and lodgement of income tax returns and supporting schedules for entities and individuals with the ATO.
  •  Attendance to administrative tax related matters including receiving and checking of assessments and other notices, corresponding with the ATO, and providing estimates of tax payable including estimated payment dates.

 

Limitations of Zee Accountant Services Regarding The Preparation of Income Tax Returns

  • The income tax returns (and any other ATO returns/forms where required) and supporting schedules will be compiled from information provided by you (client). We will not be responsible for verifying the accuracy of this information. Whilst we will exercise due care and skill in compiling the returns, the responsibility for their contents rests with you.
  • We will take reasonable care to ensure that your income tax returns and other forms are lodged by their due date; however, this will depend on the timeliness and accuracy of the information provided. Where information is not provided or queries not answered in a timely manner, or where the information provided is not accurate or complete, we will not be able to guarantee that your returns/forms will be lodged by their due date. The ATO may impose general interest charges, late lodgement penalties or both in this instance.
  • Where ANY taxation advice is required, it will be provided to you in a form of a written “Statement of Advice” which details your queries/concerns and our advice. Oral Advice is not an ultimate advice and can’t be relied upon due to factors as interruptions of others, jargons, voice difficulties or incomplete information etc affecting our interpretation and understanding of your needs as well as the taxation legislation, relevant case law, rulings and other announcements issued by the ATO or other relevant bodies from time to time. Notwithstanding the above, there remains considerable uncertainty with the interpretations of these sources and their application to your circumstances. Accordingly, there remains a risk that the ATO or other regulator may take an alternate position to that advised by us. In case of errors, omissions or any other issues because of our advice/services please refer to the Dispute section of this engagement letter.

 

Appointment of Zee Accountant to Attend on your Tax Returns Preparations

By accepting the terms of this engagement, you consent to the appointment of our office as your tax agent. This provides us with authority to:

          I.    Prepare and lodge ATO returns/forms on your behalf where appropriate;

         II.    Correspond with the ATO by any communication means in regards to all your tax matters; and

        III.    Access your taxation information on the ATO portal.

        IV.    Authorise us to engage other tax practitioners (when needed/appropriate) to attend on/lodge your tax returns/forms or act on your behalf while maintaining all confidential information about you.

 

“Client” Responsibilities 
Tax Returns/Forms Preparations

  • To enable us to meet our responsibilities under this engagement, complete and accurate information MUST be provided to us in a timely manner, and in accordance with the enclosed appendix 1. Any time spent requesting additional information and in correcting information provided by you will incur additional charges.
  • With respect to income tax returns and other taxation documents that are required to be lodged with the ATO, you will be responsible for reviewing these carefully and for signing the declaration to confirm that:

a.   The information provided to us for the preparation of the taxation return/form or document is true and correct, 

b.  We (including other delegated tax practitioners) as the tax agent, are authorised to give the return/form or document to the ATO, and

c.  You consent to discharge us from any future litigation against the firm for whatsoever reasons in regards to this engagement.

  • For tax purposes, you will be required to retain relevant supporting records and documents for a minimum of 5 years from date of lodgement. With respect to capital gains tax records, you will be required to retain these records for a minimum of 7 years after the disposal of the underlying asset(s). As for trusts the requirement is 10 years.

 

“ILODGE” Responsibilities 
BAS Agent Services


Business Activity Statements & Bookkeeping

The bookkeeping services we provide to you will be performed by us at your office / at our office / a combination of at your business and also remotely.

We will be provided with / establish specific user access to your software and systems to enable our processing and the identification of the work performed.

We detail below our understanding of the services that we are required to perform for you.

1.     Bookkeeping Services

  • Entering and/or verifying the entry of customer and supplier invoices into accounting software
  • Entering and/or verifying the entry of payments and receipts from bank
  • Emailing / communicating any queries related to the accounts for the period
  • Ensuring the correct integration of different business systems into the accounting record, (for example point-of-sales systems or add-on solutions)
  • Reconciliation and/or verification of the of all bank, loan and credit card accounts
  • Reporting Balance Sheet, Profit and Loss, other reports as required
  • Reporting outstanding debtors and creditors (if applicable)

2.     Payroll

  • Setup employees in payroll system
  • Prepare payroll weekly/fortnightly/monthly
  • Monitor employee entitlements
  • Lodge Tax File Number declarations
  • Review, advise and lodge PAYG Withholding and Superannuation
  • Reconcile End of Year wages
  • Report, lodge and send employee payment summaries
  • Roll over payroll year if applicable

3.     BAS Services

  • Review and report on monthly/quarterly or annual BAS
  • Email reports and declarations to you or the authorised person
  • Lodgement of BAS upon receipt of authority from you or the authorised person.
  • Yearly GST reconciliation and relevant BAS adjustments

4.     EOY 

  • Review end of year reports.
  • Provide tax agent (if not Zee Accountant) with information as required for year end.
  • Liaise with the tax agent (if not Zee Accountant) as to any End of Year journals or adjustments
  • Ensure essential and required business records are maintained and stored for the financial year
  • If applicable, roll file over to new financial year

5.     Other Services

  • Analysis and advice on Industry Award
  • Consulting/Training of staff in accounting software
  • Budget planning
  • Other:…………….

Where ANY taxation advice is required, it will be provided to you in a form of a written “Statement of Advice” which details your queries/concerns and our advice. Oral Advice is not an ultimate advice and can’t be relied upon.

 
“Client” Responsibilities 
BAS & Bookkeeping Services


You will provide access to ALL relevant business records as discussed.  This may include paperwork relating to the transactions for the month or quarter.  This may include:

  • Ongoing access to the Business Software
  • Bank statements 
  • Credit card statements
  • Cheque books
  • Receipts/invoices
  • Bank deposit book or relevant bank transfer information
  • Answers to queries as required

 

Please note:

  • Unless otherwise discussed and agreed it is your responsibility as the business owners for the maintenance and accuracy of business records and availability of records either for our processing or for verification and provision to authorities if required.
  • We may request source documents for some items and process transactions based on the information provided by you, which does not necessarily include all source documents.
  • It is a requirement that you must hold copies of all relevant documentation in compliance with the ATO standards.  
  • It is a requirement by the ATO those ABNs of suppliers be checked at least once a year to ensure that they are valid.
  • All relevant documentation and information required to allow us to prepare and produce financial reporting to comply with legislative requirements must be received 14 days prior to 
  • lodgement dates.  We will not be liable for any penalties if documentation and      information has not been provided.
  • A separate signed authority must be provided to us if we are engaged in making payments on your behalf.
  • A separate specific authority form must be provided to us for each lodgement of documentation with the ATO; we will provide this form to you before each lodgement.
  • You authorise me to contact your BAS agent/business consultant (in case we provide only Accounting & taxation) via email and phone as required
  • BAS Agent name:  ILodge – represented by Anas Khawam
  • BAS Agent phone/email: [email protected] / 0401 049 841

 
Terms of Engagement  

  • We have the right to refrain from lodging any documents before our fees is paid and or cleared in our bank account.
  • Payment of the invoice is “7 calendar days” for accounting and bookkeeping. Payment by Bank Cards incur extra 3% surcharge. For Tax Services “No Payment-No Lodgement”.
  • If payment is not made without prior arrangement by the due date, we may charge a monthly 6% compound interest charge on balance of bill.  
  • We reserve the right to stop the work if you fail to make payment when and as it falls due.
  • Any debts beyond 30 days (unless a prior payment arrangement has been entered into) will be referred to debt collection agency and any costs associated in recovering such debts will be passed onto you.
  • We reserve the right to review fees for services rendered on a regular basis; any change in price will be notified in our meeting before we commence work on your files.

 

Termination of Services

Either party is able to end this agreement by giving (7) days written notice of intention to end the agreement unless we have professional, ethical and legal duty to do so at any time.  In the event of termination of the engagement by you without the agreed notice, you agree to pay $ 100 in lieu of notice.  This period is required in order to allow professional and complete handover of your accounts.

Utilisation of Other Workers/Tax Professionals

Employees or contractors and other external Tax Practitioners may be utilised to help complete the agreed work as required.  Our Code of Conduct binds all representatives of the firm, which is inclusive of confidentiality section as per the Terms of Engagement in this document.

Confidentiality 
Any information and all matters connected with you and or the authorised representative and relating to your business and its performance are confidential and we shall not disclose them to any other person/entity unless authorised to do so in writing or unless legally required. This includes the ATO and your tax agent (if not our firm). You & your authorised representative also must not disclose any personal information or the firm’s affairs to any rivals in the market, contractors, public Etc (unless consented in writing) that may cause litigation against us (firm or individuals) and or causing damage to us financially or defamation otherwise we are entitled for $200,000 non-negotiable compensation from you and or your authorised representative solely or jointly. Litigation costs will be covered by you and or your authorised representative.

Payroll Matters

“ILODGE” is engaged to establish the payroll systems based on the payroll information provided to us.  We will implement and maintain the payroll based on this information.  It is agreed that “iLODGE” is not engaged to interpret and apply the FairWork provisions to this business.

OR

“ILODGE” is engaged to assist the business with all aspects of managing and administering the payments to all employees.  We will ensure payments are in accordance with FairWork and modern award requirements and will advise the business owners of any concerns or changes that may impact the business.  If the business is in breach of FairWork provisions, we will immediately notify you and discuss this. We note that we will not continue our engagement with you if the business continues to be in breach of the law after receiving our information and advice.  

Communication

You must keep us informed of your current business details including address, phone and email address. We are engaged and authorised to work with your business by the people authorised or you and any changes to your personnel and their respective authorisations that change the performance of our work for you should be advised to us. You also are informed and agreed to the 

way of communication by email primarily, meetings and phone calls/messages which they all may be recorded for quality, dispute resolution and any other legal purposes and no further consent to be required. You also consent and agree to any prior communication that may have been recorded prior to the engagement at any piece of time.

Lodgement of Information with ATO
A requirement of law is that you will be provided with an authorisation for all lodgements required by the ATO including Tax & BAS lodgement, Payment Summaries and TPAR reports (if applicable).  Lodgement of all forms will follow our receipt of that authorisation.  

Email authorisation is acceptable.  Failure to lodge on time can incur a fine and this will be your responsibility to pay if the authorisation has not been received by us.

Review of Documentation

The responsibility for reviewing final reports and/or work rests with you. You will not be charged to correct errors which are clearly our fault, but revisions performed at your request will be charged at the agreed hourly rate or at a fixed fee.

Responsibility for Business Records

Responsibility for the maintenance of business records rests with you, (client/ authorised person); this includes security of those records and prevention against fraud/loss. It is important to remember that you are personally responsible for the information contained in any statutory return and that you must retain all necessary supporting documentation to substantiate the transactions. 

As your advisor, we will question the nature of transactions which may require our review of the source documents.  We will then discuss with you the impact of our review.

We have discussed and agreed on the requirement for business records, including primary source documents, to be retained by you.  We have discussed your expectations as to our involvement in the verification that such records are accurate, correct and being maintained.  

It is also important to state that as a Tax and or BAS Agent/Bookkeeper, if we are advised by yourself that you have copies of the invoices/documents/receipts and the GST is applicable, we will process on the basis that you have the correct records.

Client’s original business documents are the legal property of the client.

Responsibility of Backup of Accounting File and Other Supporting Documents

We advise that the responsibility of backup maintenance of the accounting file and supporting documents rests with you. We may or may not check that appropriate backups are taken at critical times of the financial year. However, we will assist you with any query in regard to that duty.

While we will perform local backups of bookkeeping work for our own records, you should ensure all your business electronic data is backed up securely. Our backup process does not replace your own (legally required) secure back up process and all the substantiated documents.

Ownership of the Practice Software File

If our license for Accounting Software is used for your business, a licence removal fee may be charged at completion/termination of our bookkeeping services.  

If you choose to discontinue our services and requested electronic copy of our working files from our practice software which is the firm properties, we shall assess and decide on the request and if access can be granted and upon the delivery of the requested files, the firm will charge a fixed fee of $1000 before delivery. Noting that it is your responsibility to ensure you have retained the necessary business records that you are required to maintain such as master files, source documents, etc.

If we have incurred subscription or other fees on your behalf in advance, then any early termination of this agreement may result in the balance of those subscription or other fees to be paid to us.

Please be aware that many software companies include in their terms and conditions the right to access your data file for their use and information.  By giving us access to your business data (whether through our subscription or your own), you also acknowledge that the terms and conditions of the software provider/s allow for their access to your data.

Disclosure of Commission

We are a professional alliance with other Tax Practitioners or service providers.  This allows us to ensure clients’ needs/interests are met through referring our clients’ matters to more experienced/specialised tax practitioner or service providers about tax applications and or related matters. We may receive training and benefits from such referring clients/matters to those of our alliances/tax and financial professionals.

We retain any commissions or discounts received as part of our professional fees. 

Destruction of Documents and Files

Upon our request either during our engagement or following its termination, you must collect your property without delay which will be released to you once our accounts are paid. Should any of your property remain in our possession following our request to collect it, we will hold the property for three months before destroying it in accordance with the Australian Consumer Law and Fair-Trading Act 2012.

Standards

We aim to provide the highest standard of professional service and are focused on the concerns of your business. If for any reason you feel you have not received the level of service expected or have an issue to raise, please contact the firm to discuss how the problem may be resolved taking into consideration the dispute section detailed in this engagement.

Working Standards

When working onsite we expect a reasonable working environment which includes a safety regulated chair, office space, non-smoking area and no management influence on the way we carry out our duties.

Cancellation Fee

We reserve the right to charge a fee if our appointment is cancelled on the day. This will be $55. To avoid that fee a 24-hour notice is required

Indemnity

You agree to indemnify us for any loss that may result from third party claims arising from the provisions of the services and or disclosure of personal and business information and as detailed in the confidentiality section in this engagement if there is a claim against us for loss. You also consent and agree to waive your rights that we indemnify you for any loss due to our relationship as detailed in the dispute section.

Phone Support/consultation

A charge will apply when extended phone support is given by our hourly rate. 

Right of Lien

We have a right of lien on records and business data, that is, we reserve the right to hold records and data against any outstanding debts.  Note this will only apply to records and data that has been worked on but for which payment is outstanding.

Dispute

In case of any kind of dispute (during the engagement or after we cease acting for you) that may arise against the firm due to error and omission or wrong advise because of the firm or any other reasons in general, and as an alternative resolution the firm will offer a three-month worth of free services and up to a maximum of a one year only to you/your business which is the firm’s ultimate compensation to be. No further legal action against the firm to be taken for whatsoever reason otherwise all legal fees to be covered/paid by the client and or the authorised representative plus the firm’s hourly rate of that/those year(s) for the time consumed and any other business-related costs. 

In case that we ceased acting and a dispute arise after as mentioned above, we shall exceptionally AS a one-off service organise and redo the work/ advise in dispute accordingly (which shall deem that we are still authorised, appointed agents for the purpose of dispute resolution only to rectify the error(s) occurred that raised the dispute). 

 

Mutual agreement

This exclusive engagement & authorisation letter is exclusive agreement between the client (s), iLodge and Zee Accountant which governs the relationship between the client and the below parties:

  • “Zee Accountant” which operates under ABN 27 857 130 105
  • “iLodge” which operates under ABN  60 643 091 883

 

Acceptance of Agreement
I (We)  hereby have read, understood in full, discussed any concern, acknowledged and accepted the terms of this exclusive engagement (as it is not a standard agreement) as set out in this agreement and the enclosed appendix 1 (page 6-8) below.

 

Appendix 1 – Exclusive Terms and Conditions

 

1.       Introduction

1.1.     These exclusive terms and terms and the accompanying engagement letter must be read together as they form your engagement with us. They will apply to all work “Zee Accountant/iLODGE and or any of our associated entities/individuals” undertake for you with respect to this engagement. The engagement letter identifies the services to which these exclusive terms and conditions relate.

 

1.2.     These exclusive terms and terms and the accompanying engagement letter constitute the entire contract.

 

1.3.     If there is any conflict between these exclusive terms and conditions and the engagement letter, the engagement letter will take precedence and effect. These terms and conditions supersede all previous terms and conditions relating to this engagement and any changes relating to these.

 

1.4.     On your acceptance of the terms contained in the engagement letter you will be bound by these exclusive terms and conditions. The methods of acceptance are set out in the engagement letter.

 

1.5.     All references to “client” or “you” are references to the client named or described including the authorised acting person in the engagement letter.

 

1.6.     All references to “Zee Accountant” or “iLODGE”, “Firm”, “Us”, or “We” are references to “Zee accountant” and “iLODGE” 

 

 

2.      Our Services

2.1.     The services we have agreed to provide to you, which comprise the scope of our work for this engagement, are set out in our engagement letter. We will of course exercise reasonable skill and care to provide the services in line with the appropriate professional standards.

 

2.2.     From time to time you may request additional services from us. Where we agree to provide these additional services to you they will be governed by these exclusive terms and conditions and the engagement letter amended as agreed in relation to the scope of work, or by separate email or phone call detailing fees for the newer services requested and keeping the original engagement letter with its exclusive terms and conditions fully in force.

 

2.3.     Unless otherwise specifically stated in the engagement letter, any advice or opinion relating to the services will be only supplied in a form of “Statement of Advice” as in contents and including the subject matter as “Statement of Advice” in the body of the letter or email. Any 

other form of conversations, emails, calls, and any other means of communications must not be taken as formal recommendations or professional advice. Formal advice takes time and needs attention to details and constructive discussions; hence without a formal “Statement of Advice” all matters related are considered initial assessments/discussions and can’t be relied upon and they are not bound by us. 

 

2.4.     Except as required by law, you may not disclose all or in part any of the advice/opinion/recommendation in anyway, including by publication or electronic media to any other party without our written consent.

 

2.5.     We disclaim all responsibility for the consequences of anyone, apart from you, relying on our service/opinion and advice without our written consent. For any issues relating to our services/advice/opinion with you, all parties of this engagement must refer to the dispute section in the engagement letter.

 

3.      Advice

3.1.     During the supply of our services, we may provide oral, draft or interim advice, reports or presentations to you. In these circumstances our written “Statement of Advice” and final written report shall take precedence and effect. No reliance must be taken or placed by you on any draft, or oral advice, conversation or presentation unless you bear the responsibility solely. Our Advice takes only form of a written “Statement of Advice” detailing your inquiries and our advice in relation to these inquiries within the same statement.

 

3.2.     We shall not be under any obligation, regardless of the circumstances, to update any advice or report, oral or written, for events occurring after the advice or report has been issued in final form.

 

3.3.     Any advice that we give you will be based on the law effective at the date of the advice or opinion. We don’t accept any responsibility for any changes in the law, and/or in its interpretation, which occur after the date of our advice. This applies to any changes in the law or its interpretation which take effect retrospectively.

 

3.4.     No actions taken by us and/ or statements made in the course of our engagement shall be taken as a promise or guarantee to you about the outcome of any matter.

 

3.5.     Unless otherwise agreed with you, or specifically stated in the engagement letter, the advice we give cannot be relied upon to disclose irregularities, including fraud and other illegal acts and errors that may occur.

 

3.6.     No advice we provide to you is intended to constitute or will constitute legal advice and it should not be relied upon by you as such.

 

4.      Your responsibilities

4.1.     You agree to pay for the services we provide in accordance with the payment terms set out in the engagement letter and these exclusive terms and conditions or as discussed in meetings/calls.

 

4.2.     In order to provide our services to you, we require your co-operation. You will:

·          Provide, in a timely way, all information and materials that we reasonably require to enable us to provide the services set out in the engagement letter.

·          Arrange access to:

- Members of your staff.

- Third parties.

- Records.

- Technology and systems and 

- Premises.

·          Respond to us promptly to facilitate the performance of the services.

 

4.3.     Please do not assume that we know information you have not told us or given in writing. Where you or others on your behalf have made information available to our staff who are not engaged in the provision of the services to you, please do not assume that this information has been made available to our staff who are engaged in the provision of the services to you.

 

4.4.     Your primary representative from Zee Accountant/iLODGE is the practice manager who signed the engagement letter with you and or the Accountant/Bookkeeper who you are discussing your affairs with regularly.

 

4.5.     We will rely on the information and material that you, or your authorised representative provides us. We will not verify this information and or material unless you request or advise us to do so in writing and we agree to do so in writing as part of our services. You are responsible for the completeness and accuracy of the information and materials you supply to us.

 

4.6.     If you become aware that any of the information or material provided to us has changed, is incomplete, incorrect or misleading, or may in any other way impact upon the services we provide to you, you must inform us immediately. You must also take all necessary steps to correct any announcement, communication or document issued which contains, refers to, or is based upon such information. Taking no action regarding the above affects adversely the whole society and may contribute to severe economical status.

 

4.7.     We disclaim all responsibility for your failure to inform us of any changes to any information and or material which impacts upon the services we have agreed to provide to you.

 

4.8.     If you provide any advice or opinion we give to you to a third party without our consent, you agree to indemnify us against any claims made against us by that third party or any other party and for the costs of defending any such claims. That is besides compensating us as stated in the confidentiality section.

 

5.      Non-Conformance

5.1.     If you become aware that the advice or opinion, we have provided in writing to you does not conform to the scope of work set out in the engagement letter, you must inform us immediately. You must give us the opportunity to rectify any such advice or opinion.

 

5.2.     If you fail to do so, we disclaim all responsibility for our advice/opinion failing to conform with the scope of work set out in the engagement letter.

 

6.      Our Liability

 

6.1.     The engagement letter sets out the ways in which our liability to you is limited.

 

6.2.     You acknowledge that we are contracting with you as the principal for and on behalf of our employees, subcontractors and our associated entities/individuals who all will not be personally liable to you in respect of any loss, damage suffered by you as a result of Services provided by us, nor for any consequential loss or damage suffered by any third party.

 

6.3.     It is agreed that you will not bring any claim arising out of this engagement against us as discussed and mentioned in the dispute section in the engagement letter.

 

7.      Fees

 

7.1.     The basis on which we charge fees for this engagement is set out in the engagement letter and or as discussed in meeting or phone calls. If appropriate, we shall provide an estimate of our fees for carrying out the services if they are not stated in the engagement letter prior to commencing the work by phone call.

 

7.2.     If we have agreed to calculate the fees we charge to you on a time basis by applying an hourly rate, we may review and increase the rates we are charging to you periodically however it is usually every six month basis. We shall inform you by any change taking place before we carry out any services by phone call discussion. In some occasions we may grant clients discounts as part of the firm good fame and maintaining our clientele. You should not be reluctant to discuss your concerns with us.

 

7.3.     We may request you to pay us an amount in advance to cover our anticipated fees or expenses. Each payment in advance is payable as per the engagement letter. If you do not pay us the amounts in advance as requested, we may elect not to commence or continue to provide services to you.

 

7.4.     Our invoice is payable within 7 calendar days of the date of issue unless stated otherwise in the engagement letter. No Payment-No Lodgement

 

7.5.     If you do not pay our invoice in full, we may:

 

·          Elect not to continue to provide our services to you.

·          Suspend work, and refuse to lodge any forms on your behalf until further payment is made.

·          Charge interest on any unpaid amount. The rate of interest will be at the prevailing bank rate or the rate stated in the engagement letter whichever is higher, and

·          Instigate legal proceedings without further notice if payment is not made within 30 calendar day from our “Last demand” email or letter.

 

Without prejudice to the above, we may take further action to recover any outstanding amounts due to us. Any costs, fees or disbursements that we incur in the recovery of the outstanding amounts, together with any interest, will be added to the amount due from you.

 

7.6.     Where applicable, all cards payment will incur a 3% service and machine fee.

 

8.      Disbursements  

8.1.     In addition to our fees, we may incur expenses (disbursements) on your behalf during the engagement which you agree to pay us.

8.2.     General disbursements may include charges and expenses for travel, accommodation, and document production and handling, including photocopying, fax charges and couriers. Please be aware we will invoice you those expenses and seek your payment immediately.

 

8.3.     We will seek your approval for any unusual or extraordinary expenses on your behalf.

 

9.      Documents

9.1.     All materials developed, modified, designed or created by us in the course of carrying out our services, including know how, systems, software, reports, documents, written advice, drafts and working papers belong to us. Any correspondence or documents we provide to you during the course of the engagement belong to you unless we specify otherwise.

 

9.2.     Unless otherwise agreed in the engagement letter, all original documents you have provided to us in the course of this engagement will belong to you.

9.3.     We accept no liability for any losses you suffer if our files, including any documents or other material you leave with us, is damaged or destroyed for any reason.

 

9.4.     We will exercise our right to retain documents to which you are entitled relating to this engagement, until all our outstanding fees and disbursements are paid in full, unless enough security is provided.

 

10.    Communication

10.1.   We may correspond with you by post, email, fax, Telephone and or Phone Texts.

 

10.2.   We are not responsible for any delay, non-delivery or interruption of any of these methods of communication. See communication section in the engagement letter.

 

11.    Electronic documents and communication

11.1.   You authorise us to communicate with you and provide you with documents electronically. You agree to release us from liability in respect of any corruption of, or any viruses contained in or transmitted with electronic documents or communications. You acknowledge and accept the risks that email communications may not always be secure, irrespective of the security we have in place.

 

11.2.   Please contact us immediately if you have any doubts about the authenticity of any documents or communications purportedly sent by us.

 

11.3.   We authorise you to communicate with us and provide documents electronically to us.

 

11.4.   You agree to be responsible for all liability in respect of any corruption of, or viruses contained in or transmitted with electronic documents or communications.

 

12.    Confidentiality

12.1.   In conducting this engagement, information acquired by us in the course of this engagement is subject to strict confidentiality requirements. That information will be treated by us as follows:

·    We shall protect the confidential information in a reasonable and appropriate manner and in accordance with applicable professional standards.

·    We shall use confidential information only to perform our obligations under this engagement. And

·    We shall reproduce confidential information only to perform this engagement.

 

12.2.   We may disclose any confidential information and or recorded communications if this required by law, or is required in order to resolve any dispute that may arise.

 

13.    Quality Control

13.1.   As professional Accountants, BAS &Tax Agents and members of professional associations “if applicable” we are required to undertake a quality review process. Other regulatory bodies may also conduct surveillance or reviews to monitor quality control. As part of this process client files are subject to review.

 

13.2.   As a result of this quality review your client files may be chosen for inspection. By accepting our terms of the engagement, you authorise your files to be reviewed in this way.

 

14.    Copyright and Intellectual property

 

14.1.   Unless otherwise specified in the engagement letter, we retain all copyright and intellectual property rights in all material developed, designed or created by us in the course of carrying out the services including know how, systems, software, reports, written advice, drafts and working papers.

 

14.2.   You acknowledge that any documents or material given to us in relation to this engagement will not infringe the copyright or intellectual property rights of any other entity.

 

14.3.   You must not use our name(s) or logo on any website or in any public statement unless you have our prior written consent otherwise, we may seek the compensation stated in the confidentiality section as irrevocable compensation.

 

15.    Privacy

15.1.   We treat all personal information according to the Privacy Act 1988 (Cth).

 

15.2.   You consent to us collecting sensitive information (as defined in the Privacy Act) about you. You also consent to us using and disclosing any personal information (as defined in the Privacy Act), including sensitive information, collected about you or provided by you during our engagement and communication for the purpose of providing our services or any other related purposes. These related purposes may include invoicing, disputes, reminders, invitations to seminars and other services offered by us.

 

15.3.   You also consent to us transferring personal information to foreign countries if that transfer is required for the purpose of providing a service to you.

 

15.4.   Before you disclose personal information to us, whether that information related to you or someone else, you should make sure that you are entitled to disclose that information.

 

15.5.   If you become aware of any breach or alleged breach of privacy laws concerning the information that you have disclosed to us, you must notify us in writing immediately.

 

16.    Anti-Money Laundering and Counter-Terrorism Financing

16.1.   From time to time, we may request information from you in order to meet our obligations under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006.

 

16.2.   before providing you with a service we must make sure you are who you say you are by collecting information to identify you or any person/agent acting on your behalf, and taking steps to verify this information.

 

16.3.   We will maintain all information collected in a secure manner in accordance with the relevant privacy principles. We will only disclose information about you where we reasonably consider that we are required to do so under Australian law.

 

16.4.   This means that your identification information may be disclosed to government agencies or law enforcement agencies. We may also disclose this information to our associated entities/individuals involved or will be involved in providing services to you to the extent that this information is required to fulfil these entities/individuals reasonable required information or laws governing them.

 

16.5.   You agree to provide such information upon request. If you do not provide this information we may not be able to provide services to you.

 

17.    Independence and conflict of interest

17.1.   The performance of our services is governed by professional and ethical standards and other specific legislative requirements regarding independence.

 

17.2.   We do not believe that there is any conflict of interest in us providing the services set out in the engagement letter to you at present. However, it is possible that in the future a conflict of interest may arise. If it does, we will notify you immediately and discuss the issue with you.

 

17.3.   Our aim is to make sure that any further services we provide to you will be objective and free from any independence or conflicts of interest issues. In some cases this may result in us having to cease providing any further services to you.

 

 

 

 

 

18.    Problem resolution

18.1.   If you are unhappy with the services we have provided to you, or would like to discuss how they could be improved, you are invited to discuss and contact the practice manager directly.

 

18.2.   We will investigate all complaints carefully and promptly and attempt to resolve any difficulties. The engagement letter sets out the ultimate solutions for compensating the clients for any damage which you agree to when discussing and signing the engagement letter.

 

19.    Our Employees and Contractors

19.1.   We will attempt to comply with your request for specific individuals to work on the engagement. If we are unable to do this we will provide you with details of a replacement employee or contractor of our firm.

 

19.2.   When our employee or contractor is assigned to work for you, you agree that, during the life of the engagement letter and for further (12) months following the completion or termination of the engagement, you will not employ, or procure a third party to employ or contract with our employee or contractor who has taken part in the provision of the services without our prior consent. If we do consent, we reserve the right to charge you a fee equivalent to the recruitment, training and additional expenses required to replace our employee or contractor.

 

20.    Termination

20.1.   The ways in which you may terminate this engagement are set out in the engagement letter.

 

20.2.   7 days notice in writing is required to terminate the engagement by you or us. We may terminate the engagement in a shorter period for matters of urgency, if:

 

·    You do not pay our account.

·    You do not meet a requirement for money on account of costs or disbursements.

·    We have requested instructions, information or materials from you but you have failed to provide them in a timely manner.

·    You give us instructions that are false or misleading.

·    We believe that we may have a conflict of interest, or

·    Any other reasonable grounds. 

 

20.3.   Either party may terminate this engagement in the event of bankruptcy or the appointment of a receiver or an administrator of the other party.

 

20.4.   All sums due to us shall become payable in full when termination takes effect, or as otherwise agreed in the engagement letter.

 

20.5.   Termination under this clause shall be without prejudice to any rights that may have accrued before termination.

 

21.    Changes

21.1.   Changes to this engagement must be in writing and signed by us. The effective date for any such changes is the date on which you agree to such changes by methods of communications preferably in writing.

21.2.   Changes in fees or providing quotations or providing new service will not affect the engagement letter. Any price or fees changes will only affect the invoicing side of the engagement and will only add or amend the prices or fees stated in this engagement or as discussed in meeting/phone calls.

 

22.    Governing law and jurisdiction

22.1.   The whole engagement letter with its appendix will be governed by and construed according to the law applying in South Australia.

 

22.2.   Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of South Australia.

 

23.    Waiver

23.1.   A failure by us to take action to enforce our rights does not constitute a waiver of any right or remedy under this engagement unless in writing and signed by us.

 

23.2.   A waiver by us of any specific provision of this engagement does not affect any other provision of this engagement.