SMSF.PLACE
Registered
Tax Agent
SMS Audit
Services
Internal
Audit Services
Auditoronline
A.F.S.L. 489114
SMSF Setup
Pension
Advice
Updated 1
January 2021
Liability limited by a scheme
approved under Professional Standards Legislation.
SMSF.PLACE
SMSF.PLACE is a CPA Practice
Liability limited by a scheme
approved under Professional Standards Legislation.
SHINGUMI
RESOURCES PTY LTD T/AS SMSF.PLACE
TERMS OF
ENGAGEMENT
1) These terms may not be varied without the
express written consent of SMSF.PLACE
2) The Service Provider is SMSF.PLACE
3) The Customer is the Client
4) Quality Control
The
conduct of our
services in accordance with Australian Accounting Standards means
that information acquired by us in the course of our services is subject to strict confidentiality
requirements. Information will not be disclosed by us to other parties except
as required or allowed for by law or professional standards, or with the
client’s express consent. Our accounting services files may, however, be
subject to review as part of the quality control review program of CPA
Australia which monitors compliance with professional standards by its members.
By
agreeing to these terms and conditions the client acknowledges that, if
requested, SMSF.PLACE’s
files relating to this accounting services will be made available
to CPA Australia. Should this occur, The supplier will
advise the client.
5) The supplier looks forward to full
co-operation with the client. The client will make available any records,
documentation and other information required in connection with the services
provided.
6)
Accounting services may also involve correspondence with the client’s advisors
including but not limited to their Actuary, Auditor, Lawyer and/or Administrator if applicable, and the use of
their work and expertise. The
client authorises SMSF.PLACE to correspond on their behalf with such parties.
9) Indemnity
10) In consideration for the acceptance of the
accounting services engagement by the accounting services client and the members thereof jointly and
severally indemnify the accountant SMSF.PLACE (and its officers, employees,
associates, next of kin, heirs and assigns) from all losses arising from the
conduct of the accounting services of the Client.
11) The client waives and releases the accounting services
from all liability and assumes all risk arising from the accounting services of
the fund.
12) Such losses include but are not limited to
tax liabilities, tax penalties,
statutory penalties, capital losses,
income losses, losses arising from misadventure, fraud and bad
investment, losses arising from any representation made to the accounting
services by the trustee and or his/her agents and representatives, losses
arising from any breach of duty of the fund’s trustee, losses arising from any
circumstance that was known to the trustee and or the beneficiary (ies) of the fund at the time the audit report was signed,
losses arising from court orders which vest all or any part of the assets and
or income of the fund in any party whether or not they are named as a
beneficiary in the financial accounts of the fund, loss of enjoyment of the
fund’s assets resulting from court injunction(s) over the assets and income of
the fund, losses arising from any other court orders, losses arising from error
or misstatement in the financial reports and tax return of the fund, costs and
expenses arising from any proceedings that the accounting services is made a
party to, costs and expenses arising from any proceedings where the accounting
services is called as a witness.
13) Agreement
14) Binding Effect; Duration and Scope of
Agreement. This Agreement is binding upon the parties and their respective successors
and assigns (including any direct or indirect successor) their spouses, heirs and personal and legal representatives. This Agreement
shall be deemed to be effective as of the date of execution.
15) Severability. If any provision (or provisions)
of this Agreement (or any portion thereof) shall be held to be invalid, illegal or unenforceable for any reason whatsoever:
(a) the validity, legality
and enforceability of the remaining provisions of this Agreement shall not in
any way be affected or impaired thereby; and
(b) to the fullest extent legally possible, the
provisions of this Agreement shall be construed so as to
give effect to the intent of any provision held invalid, illegal or
unenforceable.
16) Governing Law. This Agreement shall be
governed by and construed and enforced in accordance with the laws of the State
of Victoria,
17) Consent to Jurisdiction. The Client and
Supplier each irrevocably consent to the jurisdiction of the courts of the
State of Victoria for all purposes in connection with any action or proceeding
that arises out of or relates to this Agreement and agree that any action
instituted under this Agreement shall be brought only in the state courts of
the State of Victoria.
18) These terms (as updated from time to time)
will be effective for the current financial year and future years.
19) Please note the supplier is not engaged to provide any
financial advice and none will be provided other than advice that is within the
company's scope of license.
20) Unless specifically provided for in the
engagement contract
the engagement does not include advice about whether :
• The client should operate
a SMSF.
• should chose to make or
dispose of any particular investment;
• should rollover super
funds from one product to another SMSF or other fund,
• should contribute to a fund;
• administration of the fund;
• members have sufficient
time and skill to administer a SMSF;
• members have adequate
insurance cover;
• there are and government
protections against fraud, theft or disputes in the fund;
• there is recourse to the
superannuation complaints tribunal to resolve any dispute
• the advantages and
disadvantages of the SMSF.
21) Termination of this agreement
The
contract may be terminated by the written agreement of both parties.
If the
contract comes to an end the client is liable to pay the supplier’s service
costs and outgoings in
fulfilling any accounting, legal, administrative, archival, prudential,
professional or any other duty
whatsoever as yet unperformed relating to the file.
24) The supplier may hold back the performance of
a duty where the client has not paid for the costs of performing that duty.
25) The terms of engagement specifically exclude
all general advice, strategic advice, structural advice and advice about tax or
business planning and the likely impact of alternative strategies unless such
advice was expressly engaged in writing.
26) Privacy
27) SMSF.PLACE will take the utmost care of your
personal information. SMSF.PLACE has policies and controls in place to keep client information
secure. However the fast pace of change in technology
and globalisation of services is constantly creating a need for client data to
be stored off site and sometimes offshore. The client agrees to allow
SMSF.PLACE to send their data off site or offshore and accepts the
corresponding risks of date theft.
28) The supplier may need to store client
information in the cloud where it may be physically located in a foreign
jurisdiction.
29) The supplier may need to transmit your
information electronically and in doing so the information may pass through
foreign jurisdictions.
30) It may be expedient for SMSF.PLACE to engage contractors
on foreign jurisdictions in the performance of our duties. This may necessitate
the provision of your private information to a foreign domiciled entity.
32) The supplier may be required by duty and or
law to forward your information to various authorities including but not
limited to ASIC and the Australian tax Office.
33) The supplier may need to pass your
information to auditors, actuaries solicitors or other
professionals in the course of our engagement.
34) The supplier may need to store your
information on computer.
37) The
supplier will take reasonable precautions to protect your information including
appropriate controls over the computer system and physical destruction of
documentation.
38) The
client expressly consents to SMSF.PLACE releasing any information in relation
to unpaid services and the account history thereto to any credit reporting
agency and or debt collection agency.
38a) If you have a
complaint about privacy you may refer to our complaints handling policy.
.
35) Clients agree to:
i. Provide truthful and accurate
information.
ii. Respond to requests for information
in a timely manner.
iii. Inform SMSF.PLACE of any changes in
facts or circumstances that might affect the engagement.
iv. Check any reports for accuracy and
completeness
v. Provide office space and resources
necessary to the completion of the engagement where the supplier works on site.
vi. Pay for any time and costs incurred
in the administration of the file. The client will pay the total time costs of
the supplier including but not limited to the preparation of the engagement
documentation, billing, account reminders and follow up, termination of the
agreement and responding to disputes between the supplier and the client
directly or via third parties, agencies and professional bodies.
vii. Provide all books and records at
least 30 days prior to report due date.
viii. The supplier is not responsible for
preparing reports where any pertinent document has not been provided by the
client.
36) SMSF.PLACE does not provide advice about
computer systems and cannot be held liable for the client's non compliance with any data security and privacy
legislation.
37) If SMSF.PLACE is required to carry out any
services pursuant to statutory duties or professional standards at any time the client
liable to pay the costs of those services.
Such duties may arise from tax audits or other government administrative
private entity or professional body or other as yet
unforeseen source. These duties may occur at a considerable
period after the service is provided.
38) SMSF.PLACE working papers remain the property
of SMSF.PLACE. Working papers are not provided to clients.
39) SMSF.PLACE reserves the rights to all
intellectual property and procedures.
40) Reproduction of reports, documents, computer
programs and worksheets by the client is expressly prohibited.
41) Payment of account
42) The client is required to pay all debts
within 7 days of invoice date.
43) In the event that a client defaults on
payment of a debt the client is liable or statutory interest from the date that
the account became due.
44) A defaulting client is liable to pay all legal and
collection costs.
45) The supplier may record telecommunications.
46) The service provider must be notified in
writing of disputes within 60 days.
47) A notice of dispute does not exempt the
client from tier obligation to settle their account.
48) Where a client has been requested to make an
advance payment the service provider may refrain from commencing work until
that payment is received.
49) The client cannot terminate the contract on the basis of late performance unless the work has not
been performed for an unreasonable period.
The client acknowledges that SMSF.PLACE may have a 90
day work backlog.
51) If our account is in arrears or requested
funds have not been forwarded The supplier may stop
work until paid.
52) The supplier has a right of lien. i.e. The supplier has the right to keep client documents
until the supplier accounts are paid in full.
53) Severability.
If any clause or term of this agreement is varied by the mutual consent
of the supplier and client, or by any order of a court, then the remaining terms of the
agreement are valid.
54) Complaints Procedure
If a
client wishes to lodge a complaint about any services provided
they may:
1 Speak
to their advisor about their concerns.
2 If the
complaint is not resolved within 30 days the client may write to:
Compliance
and Professional Standards Manager
SMSF.PLACE
PO Box
595
Laverton Vic 3028
The Compliance
and Professional Standards Manager will make every endeavour to resolve the matter.
3. If you
the client is not satisfied with our treatment of your complaint after 30 days
the client may refer the matter to the SMSF.PLACE Practice Manager.
The
SMSF.PLACE Practice Manager will make every endeavour to resolve the matter.
4. If
after 30 days from notifying the Practice Manager the client is still not satisfied
with the outcome of the complaint process, the client may write to the
Compliance and Professional Standards Manager to obtain the contact details of
the appropriate external dispute resolution body.
SMSF.PLACE
7) Fees
8) Our fees, which will be billed as work
progresses, are based on the time required by the individuals assigned to the
engagement plus direct out of pocket expenses.
Time is
measured in hours. The term ‘One Unit’ refers to a period that is equal to 1/10th
of an hour. i.e. 6 minutes. The minimum time charge is
2 units.
Schedule of charges
All
prices quoted ex GST
Time
Charges
Admin/Secretary
$90
Junior Accountants $130
Intermediate
1 $180
Intermediate
2 $200
Senior 1 $250
Senior 2 $300
Senior 3 $350
Manager $500
Senior
Manager $550
Partner $650
Senior
Partner $850
Outgoings
Minimum Charges
Photocopying
first page $11
Photocopying
per page $2.2
Printing
Letter D5 $5
Printing
Letter A4 $20
Facsimile
and email (Send
or receive )l First page $11
Facsimile
and email (Send
or receive ) subsequent pages $2.2
Recovery
of file from archive $35
Disbursement,
travel and out of pocket expenses charged in addition to above.
SMSF.PLACE
may at its discretion discontinue work indefinitely if the client
1. does
not respond to any request for information within 30 days of written notice,
2. fails
to remit an account on by its due date
3. or
otherwise neglects to perform a duty under this engagement contract within 30 days
of written notice. The client will be liable for all outstanding fees, ongoing fees and outgoings.
Updated 1
January 2020
Liability limited by a scheme
approved under Professional Standards Legislation.
AUDITORONLINE
AUDITORONLINE is a CPA Practice
Liability limited by a scheme
approved under Professional Standards Legislation.
SHINGUMI
RESOURCES PTY LTD T/AS AUDITORONLINE
TERMS OF
ENGAGEMENT
1) These terms may not be varied without the
express written consent of AUDITORONLINE
2) The Service Provider is AUDITORONLINE
3) The Customer is the Client
4) Quality Control
The
conduct of our
services in accordance with Australian Accounting Standards means
that information acquired by us in the course of our services is subject to strict confidentiality
requirements. Information will not be disclosed by us to other parties except
as required or allowed for by law or professional standards, or with the
client’s express consent. Our accounting services files may, however, be
subject to review as part of the quality control review program of CPA
Australia which monitors compliance with professional standards by its members.
By
agreeing to these terms and conditions the client acknowledges that, if
requested, AUDITORONLINE’s
files relating to this accounting services will be made available
to CPA Australia. Should this occur, The supplier will
advise the client.
5) The supplier looks forward to full
co-operation with the client. The client will make available any records, documentation
and other information required in connection with the services provided.
6)
Accounting services may also involve correspondence with the client’s advisors
including but not limited to their Actuary, Auditor, Lawyer and/or Administrator if applicable, and the use of
their work and expertise. The
client authorises AUDITORONLINE to correspond on their behalf with such
parties.
9) Indemnity
10) In consideration for the acceptance of the
accounting services engagement by the accounting services client and the members thereof jointly and
severally indemnify the accountant AUDITORONLINE (and its officers, employees,
associates, next of kin, heirs and assigns) from all losses arising from the
conduct of the accounting services of the Client.
11) The client waives and releases the accounting
services from all liability and assumes all risk arising from the accounting
services of the fund.
12) Such losses include but are not limited to
tax liabilities, tax penalties,
statutory penalties, capital losses,
income losses, losses arising from misadventure, fraud and bad
investment, losses arising from any representation made to the accounting
services by the trustee and or his/her agents and representatives, losses
arising from any breach of duty of the fund’s trustee, losses arising from any
circumstance that was known to the trustee and or the beneficiary (ies) of the fund at the time the audit report was signed,
losses arising from court orders which vest all or any part of the assets and
or income of the fund in any party whether or not they are named as a
beneficiary in the financial accounts of the fund, loss of enjoyment of the
fund’s assets resulting from court injunction(s) over the assets and income of
the fund, losses arising from any other court orders, losses arising from error
or misstatement in the financial reports and tax return of the fund, costs and
expenses arising from any proceedings that the accounting services is made a
party to, costs and expenses arising from any proceedings where the accounting
services is called as a witness.
13) Agreement
14) Binding Effect; Duration and Scope of
Agreement. This Agreement is binding upon the parties and their respective
successors and assigns (including any direct or indirect successor) their
spouses, heirs and personal and legal representatives.
This Agreement shall be deemed to be effective as of the date of execution.
15) Severability. If any provision (or
provisions) of this Agreement (or any portion thereof) shall be held to be
invalid, illegal or unenforceable for any reason
whatsoever:
(a) the validity, legality
and enforceability of the remaining provisions of this Agreement shall not in
any way be affected or impaired thereby; and
(b) to the fullest extent legally possible, the
provisions of this Agreement shall be construed so as to
give effect to the intent of any provision held invalid, illegal or
unenforceable.
16) Governing Law. This Agreement shall be
governed by and construed and enforced in accordance with the laws of the State
of Victoria,
17) Consent to Jurisdiction. The Client and Supplier
each irrevocably consent to the jurisdiction of the courts of the State of
Victoria for all purposes in connection with any action or proceeding that
arises out of or relates to this Agreement and agree that any action instituted
under this Agreement shall be brought only in the state courts of the State of
Victoria.
18) These terms (as updated from time to time)
will be effective for the current financial year and future years.
19) Please note the supplier is not engaged to provide any financial
advice and none will be provided other than advice that is within the company's
scope of license.
20) Unless specifically provided for in the
engagement contract
the engagement does not include advice about whether :
• The client should operate
a SMSF.
• should chose to make or
dispose of any particular investment;
• should rollover super
funds from one product to another SMSF or other fund,
• should contribute to a fund;
• administration of the fund;
• members have sufficient
time and skill to administer a SMSF;
• members have adequate
insurance cover;
• there are and government
protections against fraud, theft or disputes in the fund;
• there is recourse to the
superannuation complaints tribunal to resolve any dispute
• the advantages and
disadvantages of the SMSF.
21) Termination of this agreement
The
contract may be terminated by the written agreement of both parties.
If the
contract comes to an end the client is liable to pay the supplier’s service
costs and outgoings in
fulfilling any accounting, legal, administrative, archival, prudential,
professional or any other duty
whatsoever as yet unperformed relating to the file.
24) The supplier may hold back the performance of
a duty where the client has not paid for the costs of performing that duty.
25) The terms of engagement specifically exclude
all general advice, strategic advice, structural advice and advice about tax or
business planning and the likely impact of alternative strategies unless such
advice was expressly engaged in writing.
26) Privacy
27) AUDITORONLINE will take the utmost care of
your personal information. AUDITORONLINE has policies and controls in place to keep client information
secure. However the fast pace of change in technology
and globalisation of services is constantly creating a need for client data to
be stored off site and sometimes offshore. The client agrees to allow
AUDITORONLINE to send their data off site or offshore and accepts the
corresponding risks of date theft.
28) The supplier may need to store client
information in the cloud where it may be physically located in a foreign
jurisdiction.
29) The supplier may need to transmit your
information electronically and in doing so the information may pass through
foreign jurisdictions.
30) It may be expedient for AUDITORONLINE to
engage contractors on foreign jurisdictions in the performance of our duties.
This may necessitate the provision of your private information to a foreign
domiciled entity.
32) The supplier may be required by duty and or
law to forward your information to various authorities including but not
limited to ASIC and the Australian tax Office.
33) The supplier may need to pass your
information to auditors, actuaries solicitors or other
professionals in the course of our engagement.
34) The supplier may need to store your
information on computer.
37) The supplier
will take reasonable precautions to protect your information including
appropriate controls over the computer system and physical destruction of
documentation.
38) The
client expressly consents to AUDITORONLINE releasing any information in relation
to unpaid services and the account history thereto to any credit reporting
agency and or debt collection agency.
38a) If you have a
complaint about privacy you may refer to our complaints handling policy.
.
35) Clients agree to:
i. Provide truthful and accurate
information.
ii. Respond to requests for information
in a timely manner.
iii. Inform AUDITORONLINE of any changes
in facts or circumstances that might affect the engagement.
iv. Check any reports for accuracy and
completeness
v. Provide office space and resources
necessary to the completion of the engagement where the supplier works on site.
vi. Pay for any time and costs incurred
in the administration of the file. The client will pay the total time costs of
the supplier including but not limited to the preparation of the engagement
documentation, billing, account reminders and follow up, termination of the
agreement and responding to disputes between the supplier and the client
directly or via third parties, agencies and professional bodies.
vii. Provide all books and records at
least 30 days prior to report due date.
viii. The supplier is not responsible for
preparing reports where any pertinent document has not been provided by the
client.
36) AUDITORONLINE does not provide advice about
computer systems and cannot be held liable for the client's non compliance with any data security and privacy
legislation.
37) If AUDITORONLINE is required to carry out any
services pursuant to statutory duties or professional standards at any time the client
liable to pay the costs of those services.
Such duties may arise from tax audits or other government administrative
private entity or professional body or other as yet
unforeseen source. These duties
may occur at a considerable period after the service is provided.
38) AUDITORONLINE working papers remain the
property of AUDITORONLINE. Working papers are not provided to clients.
39) AUDITORONLINE reserves the rights to all
intellectual property and procedures.
40) Reproduction of reports, documents, computer
programs and worksheets by the client is expressly prohibited.
41) Payment of account
42) The client is required to pay all debts
within 7 days of invoice date.
43) In the event that a client defaults on
payment of a debt the client is liable or statutory interest from the date that
the account became due.
44) A defaulting client is liable to pay all legal and
collection costs.
45) The supplier may record telecommunications.
46) The service provider must be notified in
writing of disputes within 60 days.
47) A notice of dispute does not exempt the
client from tier obligation to settle their account.
48) Where a client has been requested to make an
advance payment the service provider may refrain from commencing work until
that payment is received.
49) The client cannot terminate the contract on the basis of late performance unless the work has not been
performed for an unreasonable period.
The client acknowledges that AUDITORONLINE may have a 90
day work backlog.
51) If our account is in arrears or requested
funds have not been forwarded The supplier may stop
work until paid.
52) The supplier has a right of lien. i.e. The supplier has the right to keep client documents
until the supplier accounts are paid in full.
53) Severability.
If any clause or term of this agreement is varied by the mutual consent
of the supplier and client, or by any order of a court, then the remaining terms of the
agreement are valid.
54) Complaints Procedure
If a
client wishes to lodge a complaint about any services provided
they may:
1 Speak
to their advisor about their concerns.
2 If the complaint
is not resolved within 30 days the client may write to:
Compliance
and Professional Standards Manager
AUDITORONLINE
PO Box
595
Laverton Vic 3028
The Compliance
and Professional Standards Manager will make every endeavour to resolve the matter.
3. If you
the client is not satisfied with our treatment of your complaint after 30 days
the client may refer the matter to the AUDITORONLINE Practice Manager.
The
AUDITORONLINE Practice Manager will make every endeavour to resolve the matter.
4. If
after 30 days from notifying the Practice Manager the client is still not
satisfied with the outcome of the complaint process, the client may write to
the Compliance and Professional Standards Manager to obtain the contact details
of the appropriate external dispute resolution body.
AUDITORONLINE
7) Fees
8) Our fees, which will be billed as work
progresses, are based on the time required by the individuals assigned to the
engagement plus direct out of pocket expenses.
Time is
measured in hours. The term ‘One Unit’ refers to a period that is equal to 1/10th
of an hour. i.e. 6 minutes. The minimum time charge is
2 units.
Schedule of charges
All
prices quoted ex GST
Time
Charges
Admin/Secretary
$90
Junior Accountants $130
Intermediate
1 $180
Intermediate
2 $200
Senior 1 $250
Senior 2 $300
Senior 3 $350
Manager $500
Senior
Manager $550
Partner $650
Senior
Partner $850
Outgoings
Minimum Charges
Photocopying
first page $11
Photocopying
per page $2.2
Printing
Letter D5 $5
Printing
Letter A4 $20
Facsimile
and email (Send
or receive )l First page $11
Facsimile
and email (Send
or receive ) subsequent pages $2.2
Recovery
of file from archive $35
Disbursement,
travel and out of pocket expenses charged in addition to above.
AUDITORONLINE
may at its discretion discontinue work indefinitely if the client
1. does
not respond to any request for information within 30 days of written notice,
2. fails
to remit an account on by its due date
3. or
otherwise neglects to perform a duty under this engagement contract within 30
days of written notice. The client will be liable for all outstanding fees,
ongoing fees and outgoings.
Updated 1
January 2020
Liability limited by a scheme
approved under Professional Standards Legislation.
GROWDEN
TAXATION SERVICES PTY LTD PTY LTD
GROWDEN
TAXATION SERVICES PTY LTD PTY LTD is an accounting Practice
Liability limited by a scheme
approved under Professional Standards Legislation.
SHINGUMI
RESOURCES PTY LTD T/AS GROWDEN TAXATION SERVICES PTY LTD PTY LTD
TERMS OF
ENGAGEMENT
1) These terms may not be varied without the
express written consent of GROWDEN TAXATION SERVICES PTY LTD PTY LTD
2) The Service Provider is GROWDEN TAXATION
SERVICES PTY LTD PTY LTD
3) The Customer is the Client
4) Quality Control
The
conduct of our
services in accordance with Australian Accounting Standards means
that information acquired by us in the course of our services is subject to strict confidentiality
requirements. Information will not be disclosed by us to other parties except
as required or allowed for by law or professional standards, or with the
client’s express consent. Our accounting services files may, however, be
subject to review as part of the quality control review program.
By
agreeing to these terms and conditions the client acknowledges that, if
requested, GROWDEN TAXATION SERVICES PTY LTD PTY LTD’s files relating to this accounting
services will be made available to the accounting authorities.
5) The supplier looks forward to full
co-operation with the client. The client will make available any records,
documentation and other information required in connection with the services
provided.
6)
Accounting services may also involve correspondence with the client’s advisors
including but not limited to their Actuary, Auditor, Lawyer and/or Administrator if applicable, and the use of
their work and expertise. The
client authorises GROWDEN TAXATION SERVICES PTY LTD PTY LTD to correspond on
their behalf with such parties.
9) Indemnity
10) In consideration for the acceptance of the
accounting services engagement by the accounting services client and the members thereof jointly and
severally indemnify the accountant GROWDEN TAXATION SERVICES PTY LTD PTY LTD
(and its officers, employees, associates, next of kin, heirs and assigns) from
all losses arising from the conduct of the accounting services of the
Client.
11) The client waives and releases the accounting
services from all liability and assumes all risk arising from the accounting
services of the fund.
12) Such losses include but are not limited to
tax liabilities, tax penalties,
statutory penalties, capital losses,
income losses, losses arising from misadventure, fraud and bad
investment, losses arising from any representation made to the accounting
services by the trustee and or his/her agents and representatives, losses
arising from any breach of duty of the fund’s trustee, losses arising from any
circumstance that was known to the trustee and or the beneficiary (ies) of the fund at the time the audit report was signed,
losses arising from court orders which vest all or any part of the assets and
or income of the fund in any party whether or not they are named as a
beneficiary in the financial accounts of the fund, loss of enjoyment of the
fund’s assets resulting from court injunction(s) over the assets and income of
the fund, losses arising from any other court orders, losses arising from error
or misstatement in the financial reports and tax return of the fund, costs and
expenses arising from any proceedings that the accounting services is made a
party to, costs and expenses arising from any proceedings where the accounting
services is called as a witness.
13) Agreement
14) Binding Effect; Duration and Scope of
Agreement. This Agreement is binding upon the parties and their respective
successors and assigns (including any direct or indirect successor) their
spouses, heirs and personal and legal representatives.
This Agreement shall be deemed to be effective as of the date of execution.
15) Severability. If any provision (or
provisions) of this Agreement (or any portion thereof) shall be held to be
invalid, illegal or unenforceable for any reason
whatsoever:
(a) the validity, legality
and enforceability of the remaining provisions of this Agreement shall not in
any way be affected or impaired thereby; and
(b) to the fullest extent legally possible, the
provisions of this Agreement shall be construed so as to
give effect to the intent of any provision held invalid, illegal or
unenforceable.
16) Governing Law. This Agreement shall be
governed by and construed and enforced in accordance with the laws of the State
of Victoria,
17) Consent to Jurisdiction. The Client and
Supplier each irrevocably consent to the jurisdiction of the courts of the State
of Victoria for all purposes in connection with any action or proceeding that
arises out of or relates to this Agreement and agree that any action instituted
under this Agreement shall be brought only in the state courts of the State of
Victoria.
18) These terms (as updated from time to time)
will be effective for the current financial year and future years.
19) Please note the supplier is not engaged to provide any
financial advice and none will be provided other than advice that is within the
company's scope of license.
20) Unless specifically provided for in the
engagement contract
the engagement does not include advice about whether :
• The client should operate
a SMSF.
• should chose to make or
dispose of any particular investment;
• should rollover super
funds from one product to another SMSF or other fund,
• should contribute to a fund;
• administration of the fund;
• members have sufficient time and
skill to administer a SMSF;
• members have adequate
insurance cover;
• there are and government
protections against fraud, theft or disputes in the fund;
• there is recourse to the
superannuation complaints tribunal to resolve any dispute
• the advantages and
disadvantages of the SMSF.
21) Termination of this agreement
The contract
may be terminated by the written agreement of both parties.
If the
contract comes to an end the client is liable to pay the supplier’s service
costs and outgoings in
fulfilling any accounting, legal, administrative, archival, prudential,
professional or any other duty
whatsoever as yet unperformed relating to the file.
24) The supplier may hold back the performance of
a duty where the client has not paid for the costs of performing that duty.
25) The terms of engagement specifically exclude
all general advice, strategic advice, structural advice and advice about tax or
business planning and the likely impact of alternative strategies unless such
advice was expressly engaged in writing.
26) Privacy
27) GROWDEN TAXATION SERVICES PTY LTD PTY LTD
will take the utmost care of your personal information. GROWDEN TAXATION
SERVICES PTY LTD PTY LTD has policies and controls in place to keep client information
secure. However the fast pace of change in technology
and globalisation of services is constantly creating a need for client data to
be stored off site and sometimes offshore. The client agrees to allow GROWDEN
TAXATION SERVICES PTY LTD PTY LTD to send their data off site or offshore and
accepts the corresponding risks of date theft.
28) The supplier may need to store client
information in the cloud where it may be physically located in a foreign
jurisdiction.
29) The supplier may need to transmit your
information electronically and in doing so the information may pass through
foreign jurisdictions.
30) It may be expedient for GROWDEN TAXATION
SERVICES PTY LTD PTY LTD to engage contractors on foreign jurisdictions in the
performance of our duties. This may necessitate the provision of your private
information to a foreign domiciled entity.
32) The supplier may be required by duty and or
law to forward your information to various authorities including but not
limited to ASIC and the Australian tax Office.
33) The supplier may need to pass your
information to auditors, actuaries solicitors or other
professionals in the course of our engagement.
34) The supplier may need to store your
information on computer.
37) The
supplier will take reasonable precautions to protect your information including
appropriate controls over the computer system and physical destruction of
documentation.
38) The client
expressly consents to GROWDEN TAXATION SERVICES PTY LTD PTY LTD releasing any
information in relation to unpaid services and the account history thereto to
any credit reporting agency and or debt collection agency.
38a) If you have a
complaint about privacy you may refer to our complaints handling policy.
.
35) Clients agree to:
i. Provide truthful and accurate
information.
ii. Respond to requests for information
in a timely manner.
iii. Inform GROWDEN TAXATION SERVICES
PTY LTD PTY LTD of any changes in facts or circumstances that might affect the
engagement.
iv. Check any reports for accuracy and
completeness
v.
Provide office space and
resources necessary to the completion of the engagement where the supplier
works on site.
vi. Pay for any time and costs incurred
in the administration of the file. The client will pay the total time costs of
the supplier including but not limited to the preparation of the engagement
documentation, billing, account reminders and follow up, termination of the
agreement and responding to disputes between the supplier and the client
directly or via third parties, agencies and professional bodies.
vii. Provide all books and records at
least 30 days prior to report due date.
viii. The supplier is not responsible for preparing
reports where any pertinent document has not been provided by the client.
36) GROWDEN TAXATION SERVICES PTY LTD PTY LTD does
not provide advice about computer systems and cannot be held liable for the
client's non compliance with
any data security and privacy legislation.
37) If GROWDEN TAXATION SERVICES PTY LTD PTY LTD
is required to carry out any services pursuant to statutory duties or professional standards
at any time the client liable to pay the costs of those services. Such duties may arise from tax audits or
other government administrative private entity or professional body or other as yet unforeseen source. These duties may occur at a
considerable period after the service is provided.
38) GROWDEN TAXATION SERVICES PTY LTD PTY LTD
working papers remain the property of GROWDEN TAXATION SERVICES PTY LTD PTY
LTD. Working papers are not provided to clients.
39) GROWDEN TAXATION SERVICES PTY LTD PTY LTD
reserves the rights to all intellectual property and procedures.
40) Reproduction of reports, documents, computer
programs and worksheets by the client is expressly prohibited.
41) Payment of account
42) The client is required to pay all debts
within 7 days of invoice date.
43) In the event that a client defaults on
payment of a debt the client is liable or statutory interest from the date that
the account became due.
44) A defaulting client is liable to pay all legal and
collection costs.
45) The supplier may record telecommunications.
46) The service provider must be notified in
writing of disputes within 60 days.
47) A notice of dispute does not exempt the
client from tier obligation to settle their account.
48) Where a client has been requested to make an
advance payment the service provider may refrain from commencing work until
that payment is received.
49) The client cannot terminate the contract on the basis of late performance unless the work has not
been performed for an unreasonable period.
The client acknowledges that GROWDEN TAXATION SERVICES PTY LTD PTY LTD
may have a 90 day work backlog.
51) If our account is in arrears or requested
funds have not been forwarded The supplier may stop
work until paid.
52) The supplier has a right of lien. i.e. The supplier has the right to keep client documents
until the supplier accounts are paid in full.
53) Severability.
If any clause or term of this agreement is varied by the mutual consent
of the supplier and client, or by any order of a court, then the remaining terms of the
agreement are valid.
54) Complaints Procedure
If a
client wishes to lodge a complaint about any services provided
they may:
1 Speak
to their advisor about their concerns.
2 If the complaint
is not resolved within 30 days the client may write to:
Compliance
and Professional Standards Manager
GROWDEN
TAXATION SERVICES PTY LTD PTY LTD
PO Box
595
Laverton Vic 3028
The
Compliance and Professional Standards Manager will make every endeavour to resolve the matter.
3. If you
the client is not satisfied with our treatment of your complaint after 30 days the
client may refer the matter to the GROWDEN TAXATION SERVICES PTY LTD PTY LTD
Practice Manager.
The
GROWDEN TAXATION SERVICES PTY LTD PTY LTD Practice Manager will make every
endeavour to resolve
the matter.
4. If
after 30 days from notifying the Practice Manager the client is still not
satisfied with the outcome of the complaint process, the client may write to
the Compliance and Professional Standards Manager to obtain the contact details
of the appropriate external dispute resolution body.
GROWDEN
TAXATION SERVICES PTY LTD PTY LTD
7) Fees
8) Our fees, which will be billed as work
progresses, are based on the time required by the individuals assigned to the
engagement plus direct out of pocket expenses.
Time is
measured in hours. The term ‘One Unit’ refers to a period that is equal to 1/10th
of an hour. i.e. 6 minutes. The minimum time charge is
2 units.
Schedule of charges
All
prices quoted ex GST
Time
Charges
Admin/Secretary
$90
Junior Accountants $130
Intermediate
1 $180
Intermediate
2 $200
Senior 1 $250
Senior 2 $300
Senior 3 $350
Manager $500
Senior
Manager $550
Partner $650
Senior
Partner $850
Outgoings
Minimum Charges
Photocopying
first page $11
Photocopying
per page $2.2
Printing
Letter D5 $5
Printing
Letter A4 $20
Facsimile
and email (Send
or receive )l First page $11
Facsimile
and email (Send
or receive ) subsequent pages $2.2
Recovery
of file from archive $35
Disbursement,
travel and out of pocket expenses charged in addition to above.
GROWDEN
TAXATION SERVICES PTY LTD PTY LTD may at its discretion discontinue work indefinitely
if the client
1. does
not respond to any request for information within 30 days of written notice,
2. fails
to remit an account on by its due date
3. or
otherwise neglects to perform a duty under this engagement contract within 30
days of written notice. The client will be liable for all outstanding fees,
ongoing fees and outgoings.