This part was created as an SEQ Legal template.
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.
Unless you have our prior written agreemeent, you must not:
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
You must not use our website to transmit or send unsolicited commercial communications.
You must not use our website for any purposes related to marketing without our express written consent.
Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.
If you generate a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that the password is kept confidential.
You must notify us in writing immediately if you become aware of any unauthorised use of your account or password.
You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.
You must not use any other person's user ID and password to access our website, unless you have that person's express permission to do so.
We may disable your user ID and password at any time in our sole discretion with or without notice or explanation.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your content in any existing or future media. You also grant to us the right to sub-license these rights and the right to bring an action for infringement of these rights.
Your content must not be illegal or unlawful, must not infringe any third party's legal rights and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
You must not submit any content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.
We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any loss or corruption of any data, database or software.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
We are a company based in Australia, with offices in Sunnybank, Queensland.
Unless otherwise agreed, these standard terms of engagement apply to our provision of services to you and describes the nature and limitations of the services we will provide.
The scope of our engagement may include the preparation and lodgement of income tax returns, preparation and lodgement of activity statements, preparation of financial statements, bookkeeping, providing accounting software subscriptions, setup and support in relation to bookkeeping software, and provision of advice in relation to taxation and superannuation matters.
If we consider we do not have the expertise to provide a particular service, we will decline to provide that service.
If the scope does not meet your requirements or you would like to discuss the scope with us further, please let us know.
We consider that we have the necessary expertise to perform the usual services we provide. However, any non standard requests may require us to reconsider the terms of our engagement and/or make new arrangements with you
You are required by law to keep full and accurate records relating to your tax affairs.
It is your obligation to provide us with all information that you reasonably expect will be necessary to allow us to perform work contemplated under this engagement within a timely manner or as requested. This includes providing accurate and complete responses to questions asked of you by us within a reasonable timeframe. Inaccurate, incomplete or late information could have a material effect on our services and/or our conclusions and may result in additional fees. We will not verify the underlying accuracy or completeness of information you provide to us.
You are also required to advise us on a timely basis if there are any changes to your circumstances that may be relevant to the performance of our services. Specifically, if any subsequent event results in the information you provided to us being inaccurate, incomplete or misleading, then you are obliged to advise us as soon as possible. We take no responsibility to the extent that our advice is inaccurate, incomplete or misleading because it is based on inaccurate, incomplete or misleading information being provided to us.
By accepting these terms, you will be taken to have agreed that the performance of our services is dependent on the performance of your obligations relating to disclosure and record keeping.
The Taxation Administration Act 1953 contains specific provisions that may provide you with “safe harbours” from administrative penalties for incorrect or late lodgement of returns if, amongst other things, you give us “all relevant taxation information” in a timely manner (the safe harbour provisions apply from 1 March 2010). Accordingly, it is to your advantage that all relevant information is disclosed to us as any failure by you to provide this information may affect your ability to rely on the “safe harbour” provisions and will be taken into account in determining the extent to which we have discharged our obligations to you.
You are also required to advise us if you become aware of any conflict of interest or potential conflict of interest. Generally, a conflict of interest is any event which may result in us becoming unable to remain objective in the performance of our services to you. Some examples of events which could give rise to a conflict of interest or potential conflict of interest during this engagement are changes to your business circumstances, events affecting your family (eg. death and/or marriage breakdown) or a legal action commencing against you.
You have certain rights under the taxation laws, including the right to seek a private ruling from the Australian Taxation Office (ATO) or to appeal or object against a decision made by the Commissioner. As relevant, we will provide further information to you concerning your rights under the Australian taxation laws during the conduct of any engagement
You also have certain obligations under the Australian taxation laws, such as the obligation to keep proper records and the obligation to lodge returns by the due date.
We have a duty to act in your best interests. However, the duty to act in your best interests is subject to an overriding obligation to comply with the law even if that may require us to act in a manner that may be contrary to your interests. For example, we could not lodge an income tax return for you that we knew to be false in a material respect.
We also have an obligation to ensure that we manage conflicts of interest as they arise. In this regard, we have arrangements in place to ensure that we manage potential or actual conflicts of interest. The effective operation of these arrangements depends, in part, on you complying with your obligation to disclose any potential conflicts of interest to us (see section 4 above).
Any advice given to you in the provision of these services is only an opinion based on our knowledge of your particular circumstances. Unless otherwise stated, this opinion will be based on the Australian tax law in force and the practice of the Australian Taxation Office (the ATO) applicable as at the date of the provision of the advice and/or services. It is your responsibility to seek updated advice if you intend to rely on our advice at a later stage. We note that Australian taxation laws are often subject to frequent change and our advice will not be updated unless specifically requested by you
We will not disclose any information relating to your affairs to any third party without your consent, unless required by law. You may provide us with permission to disclose your confidential information in certain circumstances, or place conditions on the disclosure of certain confidential information. If you do so, we will have permission to disclose the relevant information accordingly, in the performance of our services, unless you instruct us otherwise in writing
Our fee for a particular matter may be quoted to you prior to commencement of work on that matter. Unless otherwise stated, these represent an estimated fee only, though we will only depart from our quoted fee for a particular matter in exceptional circumstances.
As you may appreciate, in some cases it is difficult to predict our costs for a matter given that our estimates depend on the nature and complexity of the matter and any taxation issues that arise.
Fees quoted are based on your instructions. If we become aware that the our estimated fee will exceed our original quote, or your instructions or other circumstances in relation to particular matter change, we will contact you as soon as practicable to discuss a new quote.
Where a fee has been agreed, out of scope work may be charged at our standard hourly rates as applicable from time to time.
The actual fees and rates charged by us reflect the seniority, expertise and experience of the persons involved, as well as factors such as the time frame in which this work is to be carried out, the particular nature of the retainer and the complexity and risks of the matter.
In some circumstances, services will be provided in anticipation of work in relation to future matters (e.g. setup of accounting software in anticipation of preparation of future years’ financial statements and income tax returns). Our costs for these services will usually be recovered as our fee for the later matter. However, if you ultimately do not engage us for the work anticipated, we will charge for the services provided by reference to time spent as above.
Fees for software subsciptions will be charged as quoted, or at the recommend retail price as set by the software provider.
Subject to the remainder of this agreement, we will refund fees paid (or a reasonable portion thereof) for services provided which are defective in a material respect and which have not been remedied in a reasonable period of time.
Fees paid for services not yet provided will only be refunded where failure to complete the work for those services arises solely because of our actions or omissions. For example, refunds will not be given where you do not provide all necessary information for us to complete our work, or where you otherwise contribute to our inability to provide the services
Our liability is limited by a scheme approved under Professional Standards Legislation. Further information on thescheme is available from the Professional Standards Council – www.psc.gov.au.
All original documents obtained from you arising from this engagement will remain your property. However, we reserve the right to make a reasonable number of copies of the original documents for our records.
Our engagement will result in the production of tax returns, activity statements and financial statements. Ownership of these documents will vest in you. All other documents (including electronic data residing in our online accounting software) produced by us in respect of our engagement will remain our property.
We have a policy of exploring a legal right of lien over any of your documents in our possession in the event of a dispute between us. We have also established dispute resolution processes, details of which are available on request
Our services will be performed in accordance with a timetable agreed with you
Acceptance of our services in conjunction with these terms of engagement indicates that you understand and accept the arrangements.