1300 87 00 87
Terms and Conditions
These terms and conditions apply to current and future services provided by this firm.
1. Letter of engagement
1.1 You acknowledge that any letter of engagement, together with these terms and conditions at Appendix “A” to the letter of engagement and the terms and conditions attached to our invoices and email correspondence comprise the contract for
performance of accounting services between us.
1.2 All statements made in any letter of engagement regarding the likely cost of performing the work, or the likely time to perform
the work, are estimates made in good faith, but are not warranties or representations made for the purposes of reliance. Every
endeavour will be made to meet the estimates, however, such estimates may be exceeded without warning or notice.
1.3 You may accept the terms of this engagement letter which include the Terms and Conditions of this Appendix “A” by:
1.3.1 signing and returning this document to us or;
1.3.2 continuing to instruct us.
Upon acceptance you agree to pay for our services on the terms set out on these terms.
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2. Liability for payment
2.1 All persons or entities specified in any letter of engagement, or any person or entity which receives a benefit from the
performance of accounting services by this firm, directly or indirectly shall be jointly and severally liable for payment of our
fees. The addressee of any letter of engagement warrants that all such persons undertake joint and several responsibility for
payment of fees as above.
2.2 You acknowledge that TaxSure Accounting may obtain a consumer credit report containing information about you from a
credit reporting agency for the purpose of assessing your application for commercial credit. You agree that if you default
on your commitment to TaxSure Accounting, this may be listed on your credit file with a credit reporting agency.
3. Scope of works
3.1 Any letter of engagement may specify the scope of works to be carried out. Such specification shall comprise a guideline and
may be varied as the work progresses at your request or according to the requirements of the job at the reasonable discretion of this firm.
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4. Rates
4.1 As set out in engagement letter.
4.2* The above charge rates do not include goods and services tax (GST).
4.3 Charge rates may be varied by this firm in its discretion.
5. Payment
5.1 You may be asked to make a prepayment of accounts or fees to be incurred or disbursements. In such event, we shall be
under no obligation to commence work, until such time as such prepayment is made. You authorise us to apply such prepayment
in discharge of obligations incurred on your behalf during the job, or otherwise in payment, in whole and part of any account
rendered to you in respect of the work done.
5.2 Payment is due 7 days from the date of invoice.
5.3 Interest accrues on amounts specified in invoices which are unpaid 14 days from the date of invoice at the rate of 2% per
annum above the base rate of the Reserve Bank of Australia.
5.4 You will be liable for all costs incurred by us as a result of your failure to pay outstanding invoices in accordance with Clause 5.2
above.
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6. Client Monies
6.1 We may, at your direction, withhold or otherwise appropriate tax refunds to settle outstanding fees. We will do so in accordance with APES 310 Client Monies and APES 220 Taxation services for individual clients.
7. Provision of information
7.1 You agree to provide us with information requested in a timely manner and to ensure that information requested by us from you
is accurate and up-to-date. You also agree to allow us access to all of your books and records as may be necessary in order to
allow us to carry out accounting and other services.
7.2 To perform our duties we may require access to your files, cloud based accounting systems and other information technology systems, premises and people.
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8. Engagement of Third Parties
8.1 You acknowledge when required, we may use the services of third parties in relation to specific matters. In such an event, you
will be notified about the fees and charges of the said third parties. We will engage the third parties upon your prompt agreement and you acknowledge that you will be liable for those fees of the third parties in accordance with the payment terms set
out in Clause 5 above.
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9. Client Responsibilities
9.1 You are responsible for the accuracy and completeness of the particulars and information provided to the firm.
9.2 You acknowledge:
i. That we will rely on the accuracy and completeness of information provided by you to us.
ii. Any advice given to you is only an opinion based on the knowledge of your particular circumstances as supplied by you.
iii. A tax payer has obligations under self-assessment to keep full and proper records in order to facilitate the preparation of accurate returns.
9.3 We may seek clarification of some matters where there is a need to do so, however you acknowledge we will not audit the
information provided by you as we are satisfied that you understand your record keeping obligations and are aware of the
consequences of not keeping accurate records.
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10. Exclusivity
10.1 You acknowledge and agree that where we are performing accounting and other services for the benefit of the persons or
entities named in any letter of engagement or otherwise as may be specified by us, and no other person, you should not directly or
indirectly allow any other person to rely on such accounting work or other services.
11. Confidentiality
11.1 We agree to maintain the confidentiality of information provided to us by you, except where disclosure is compelled by
operation of law or otherwise is made with your express or tacit consent.
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12. Limitation of liability
12.1 To the fullest extent permitted by law, all liability for direct, indirect, special or consequential damage or loss is hereby
negatived, except where such damage or loss occurs by reason of the gross negligence of this firm, in which event this firm shall be
responsible for such damage or loss occurring directly, limited to a maximum amount prescribed under Professional Standards
Legislation.
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13. Termination by us
13.1 We may cease to act for you or refuse to perform further work, including:
13.1.1 While any of our tax invoices remain unpaid;
13.1.2 If you do not within 14 days comply with any request to pay an amount in respect of disbursements or future costs;
13.1.3 If you fail to provide us with clear or timely instructions to enable us to advance the work required to be performed on your behalf;
13.1.4 If you refuse to accept our advice;
13.1.5 If you indicate to us or we form the view that you have lost confidence in us;
13.1.6 If there are any ethical grounds which we consider require us to cease acting for you, for example a conflict of interest
13.1.7 For any reason outside our control which has the effect of compromising our ability to perform the work required within the required time frame; or
13.1.8 If in our sole discretion we consider it is no longer appropriate to act for you
We will give you reasonable written notice of termination of our services. You will be required to pay our fees and disbursements incurred up to the date of termination.
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14. Termination by you
14.1 You may terminate our services by written notice after three (3) months from the date of acceptance of these terms. However,
if you do so you will be required to pay our fees and disbursements incurred up to the date of termination.
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15. Lien
Without affecting any lien to which we are otherwise entitled at Law over funds, papers and other property of yours in our possession:
15.1We shall be entitled to retain by way of lien any funds, property or papers of yours, including original documents, which are from time to time in our possession or control, until all fees, disbursements, interest and other monies due to us have been paid; and
15.2 Our lien will continue notwithstanding that we cease to act for you.
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16. Privacy
16.1Our collection and use of personal information about you, provided by you and other sources, is protected under the Privacy Act 1988 (Cth) (Privacy Act). Disclosure of such information may be compelled by Law (example under Social Security Act). You also authorise us to disclose such information when necessary to others in furtherance of the work to be carried out by us on your behalf pursuant to the terms and conditions set out herein.
16.2 Personal information provided to us:
if you provide us with personal information you have collected from another individual, we require you to warrant to us that:
i. the information has been collected in accordance with the Privacy Act Legislation; and
ii. we are authorised to receive the information from you and use it for the purposes of providing accounting services to you.
The Privacy Act requires that the individual has been made aware of our identity and how to contact us.
You must also have provided the individual with the other disclosure information required under National Privacy Principle 1. The information includes:-
• that he or she is able to gain access to information;
• the purposes for which the information is collected;
• the organisations or types of organisations to which the organisation usually disclosures information of that kind;
• any Law that requires the particular information to be collected; and
• the main consequences (if any) for the individual if all or part of the information is not provided.
If you have not provided the individual with that information, we may need to send the individual a statement setting out that information.
16.3 Disclosure by us of information about other individuals-
in the course of acting for you, we may disclose to you personal information about other individuals. We require you to use, disclose, handle, store and transfer that information only in accordance with the Privacy Act.
16.4 Your consent to use of personal information- When you accept the terms of the engagement letter pursuant to Clause 1.3 above, you consent to us collecting, using and disclosing personal information, including sensitive information, for the purposes of providing accounting services to you. You also agree that you comply with our requirements in relation to the protection of personal information.
16.5 Identity Verification – We may require completing identity verification when personal information has been altered or information
relating to tax affairs is inconsistent with the information we already hold.
17. Joint and Several clients
17.1 If you are a partnership (including spouses and persons in a defacto relationship) or joint venture we shall accept instructions on
your behalf from one partner or member of the joint venture without confirming the instructions with all partners or members of the
joint venture;
17.2 the partner or member of the joint venture who provides instructions on behalf the partnership or joint venture warrant that he or
she has authority to provide instructions on behalf of the partnership or joint venture and indemnifies this firm against any claim that action taken on behalf of the partnership or joint venture by this firm was not properly authorised.
18. Sending Material by email
18.1 We are able to send and receive electronic mail. However, as such mail is not secure it may be copied, recorded, read or interfered by third parties while in transit. If you ask us to transmit any document electronically, you release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document after transmission, for any delays or non-delivery of any document and for any damage caused to our system or any files via transfer.
18.2 You agree that all communication, unless instructed otherwise, is to be communicated via email. You acknowledge in some circumstances, we will need to use postal services to deliver some private and confidential sensitive information to you. You will be notified when this occurs.
18.3 Upon agreement to transmit any document to you electronically, you agree to release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document after transmission, for any delay or non-delivery of any
document and for any damage caused to your system or any files b the transmission including but not limited to computer virus.
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19. Copyright ownership
19.1 Copyright exists in documents designed and created by our firm and we retain copyright ownership in those documents. Normal
copyright protection can be afforded to such works and you may be restrained from reproducing, publishing, distributing or otherwise
communicating the documents in any manner which may infringe our intellectual property rights.
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20. Governing Law
20.1 The Law of New South Wales governs these terms and conditions in relation to all work we perform on your behalf pursuant to the terms and conditions of this Agreement.
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21. Definitions
In this Agreement, unless the contents otherwise require:
“Agreement” means this and any letter of engagement, including the terms and conditions at Appendix “A”.
“You” means all persons or entities specified in this letter of engagement and any person or entity which receives a benefit from the performance of accounting services by this firm.
“Us”, “We” and “this firm” means Nice Very Good Pty Limited trading as TaxSure Accounting.
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