1. Who may instruct us
You confirm that you, and any other person you nominate to us in writing from time to time (provided we have acknowledged such nomination), are authorised to give us instructions and information, and to receive our advice and documents, in relation to this engagement.
2. You and your spouse/partner (if applicable)
We will advise you and your spouse/partner on the basis that you are a family unit with shared interests. We may deal with either of you and may discuss with either of you the affairs of the other. If you wish to change these arrangements, please let us know.
3. Responsibilities
You must provide us with all information necessary for dealing with your financial affairs including all information which we reasonably request. Information must be provided within sufficient time to enable our Services to be completed before any applicable deadline.
You must advise us promptly and without delay any changes in your circumstances that may affect our Services.
You acknowledge and agree that we rely on the information you provide to us to be true, correct and complete. Failure to provide us with accurate information will impact the provision of our Services. We will not audit any of the information you provide to us except to the extent we are specifically engaged to provide audit-related services.
4. Engaging with third parties
You authorise us to engage with any third party that we consider necessary or appropriate in order to collect or discuss information about you or pertaining to you or your affairs.
5. Investment and financial advisory advice
We will not provide you with investment or financial advice regulated under the Corporations Act 2001 (Cth).
6. Professional obligations
We will comply with the professional and ethical standards of the Accounting Professional and Ethical Standards Board, available at apesb.org.au. This includes APES 110 Code of Ethics for Professional Accountants (including Independence Standards), which among other things contains provisions that apply if we become aware of any actual or potential 'non-compliance with governing laws or regulations (NOCLAR). Where any such non-compliance poses substantial harm (such as serious adverse consequences to investors, creditors, employees, auditor, group auditor or the public), we may be required to disclose the matter to an appropriate authority.
7. Lien
If permitted by law or professional guidelines, we may exercise a lien over all materials or records in our possession relating to all engagements for you until all outstanding fees and disbursements are paid in full.
8. Confidentiality
We will take reasonable steps to protect your confidential and personal information against unauthorised use, access or disclosure and in any event will use at least the same endeavours and precautions to protect your Information as we use to protect our own confidential and sensitive information.
We may disclose your information:
- to our employees, officers, representatives, professional advisers, insurers and related bodies corporate provided such persons have a need to know the information and are bound by obligations of confidentiality no less onerous than those contained in this letter;
- to third parties in connection with section 4 above;
- to our service providers (including auditors of client monies if applicable) or regulatory bodies required to be disclosed information in the course of performing some or all of the Services, including as part of an external peer review undertaken from time to time;
- where we are required by any law, rule, regulation, a court of competent authority, or to meet those professional obligations referred to in section 6 above;
- to potential purchasers (or their professional advisors) of our practice provide those reasonable steps to ensure that any such recipient keeps the disclosed information confidential; or
- with your prior written consent.
Our files may also be subject to review as part of the quality review program of Chartered Accountants Australia and New Zealand (CAANZ) and any other bodies as appropriate. By accepting this engagement, you acknowledge that, if requested, our files relating to this engagement will be made available under this program. We will take reasonable steps to ensure any such recipient (other than a regulatory body) keeps such information confidential on the same basis;
We will retain your information during and after our engagement to comply with our legal requirements or as part of our regular IT back-up and archiving practices. We will continue to hold such information confidentially.
9. Ownership of materials
Unless otherwise expressly stated these Terms and Conditions we retain ownership of all intellectual property rights in the Services or otherwise developed by us in connection with the provision of the Services.
Unless agreed in writing by us, you will only use documents, material or information prepared by us in connection with this engagement for the purpose for which you have engaged us. All working papers prepared by us (in any form whatsoever, including physical and electronic) remain our property. We will retain these papers in accordance with our normal record keeping practices and professional and legal obligations.
10. Limitation of third-party rights
The advice, information and materials we provide to you are for your sole use only. We accept no responsibility to any third party whatsoever unless we have expressly agreed in this engagement letter that a specified third party may rely on our work.
11. Communication
You must advise us of any changes to your contact details. We may send any communications to the last contact details you have provided. Unless you instruct us otherwise, we may communicate with you and any third party via email or by other electronic means.
12. Limitation of liability
We will provide our Services with reasonable care and skill. Our liability to you is limited to losses, damages, costs and expenses directly caused by our negligence or wilful default. Our liability may also be limited by a scheme approved under Professional Standards Legislation.
You agree not to bring any claim against any of our employees, principals, partners, directors, or shareholders in their personal capacity.
To the maximum extent permitted by law, we are not liable to you for:
- indirect, special or consequential losses or damages of any kind; or
- liability arising due to the acts or omissions of any other person or circumstances outside our reasonable control, or your breach of these terms.
13. Applicable Law
Our engagement is governed by the law of Victoria. The courts sitting in Victoria will have non-exclusive jurisdiction in relation to any dispute between us.
14. Interpretation
If any provision of the engagement letter or these terms is void, that provision will be severed, and the remainder will continue to apply.
15. Outsourcing
We may utilise the services of third parties including outsourced service providers and cloud computing service providers from time to time to provide some or all the Services. To perform the Services, we may provide these third parties with access to your data to the extent that this is required to perform the Services. This may include information being sent overseas in accordance with the Privacy Policy. Where we give a third-party access to your information we will ensure such third party is bound by no less onerous confidentiality obligations than those contained in this engagement letter.
Acceptance of this engagement letter indicates your acceptance of the use of outsourced service providers and the provision of your information or data to such third parties are required.
16. ATO and ASIC Agent Authorisation
By engaging us as your tax agent, we may act on your behalf with the Australian Taxation Office (ATO) and Australian Investments and Securities Commission (ASIC), including:
- Adding you to our client list with the ATO ECI lodgement facility, ATO Online Services for Agents and ATO SBR-enabled software client list;
- Adding you to our client list on ASIC Connect;
- Representing you in the dealings with the Commissioner in relations to tax related various matters;
- Preparing and lodging various compliance statements with the ATO and ASIC;
- Use our Trust bank account to deposit your refunds and deduct our fee from the refund.
- Receiving correspondence and communicate digitally with the ATO, ASIC and various authorities on your behalf;
17. Fees and payment
You acknowledge that we might direct debit your bank account or credit card the annual fees as selected on page 2 in twelve equal monthly installments.
Any ad-hoc tasks not covered in our packagaes under Schedule 1 will be charged as set out below and have been set based on the level of skill, responsibility, importance and value of the advice, as well as the level of risk.
- Partner $225 + GST
- Manager $175 + GST
- Accountant $125 + GST
- Bookkeeper / Admin $50 + GST
We reserve the right to review our fees annually. You acknowledge that it is reasonable for us to revise our fees from time to time to consider such things as increases in the Consumer Price Index or other economic factors.
Any disbursements and expenses we incur in the course of performing our Services will be added to our invoices where appropriate. Unless otherwise agreed in writing, our fees do not include the costs of any counsel, or other professionals or third parties engaged with your approval.