Terms and Conditions for
Tax Planning
Thank you for choosing Accounting Heart to assist with your tax planning.
We want to make sure that our expectations of each other are clear from the outset; what can you expect of Accounting Heart? And … What will Accounting Heart expect of you?
Our terms just sets out the way that we work - if you have any questions please ask - we are here to help.
Who may instruct us
You confirm that you, and any other person you nominate in writing from time to time (provided we have acknowledged such nomination), are authorised to give us instructions and information on behalf of all persons we are acting for and to receive our advice and documents on their behalf.
If we are acting for a business, and we receive conflicting advice, information or instructions from different persons, we may refer the matter to the board of directors, partners or proprietors (as applicable) and act only as requested by them.
You and Your Spouse/Partner
We will advise you and your spouse/partner on the basis that you are a family unit with shared interests (unless you have advised us otherwise). 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.
Know your customers
We may be required to verify your identity to meet ATO and Tax Practitioner Board requirements. We may request from you such information as we require for these purposes and make searches of appropriate databases.
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.
Conflict of Interest
Before we start to work with you we will do our best to make sure that there is no conflict of interest. If we identify a conflict of interest or a potential conflict of interest we will notify you and discuss whether it’s appropriate for us to continue the engagement. If you are aware of a conflict of interest or a potential conflict of interest you must notify us immediately – this is important so that we can take appropriate steps.
Confidentiality
We will take all reasonable steps to keep your information confidential, except where:
We need to disclose your information to our service providers (including auditors of client monies if applicable) or regulatory bodies in performing the services, our professional advisers or insurers or as part of an external peer review from time to time. Our files may also be subject to review as part of the quality review program of Chartered Accountants Australia and New Zealand. 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 are required by law, regulation, a court of competent authority, or those professional obligations referred to in section 6 above, to disclose the information;
We provide limited information (but only to the extent reasonably necessary) to potential purchasers (or their professional advisors) of our practice but we will take reasonable steps to ensure that any such recipient keeps the disclosed information confidential; or
You give us permission to disclose the information.
We may 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.
All parties agree that they will meet any obligations that they may have under the Privacy Act.
This clause survives termination of this agreement.
Services (What we do...)
Accounting Heart will provide tax planning services.
We are committed to the professional and ethical standards issued by the Accounting Professional and Ethical Standards Board (APESB) and the Tax Agent Services Act 2009.
The responsibility for the accuracy and completeness of the particulars and information provided by you rests with you;
Any advice given to you in the course of the above services is only an opinion based on our knowledge of your particular circumstances;
As a taxpayer, you have obligations under self assessment to keep full and proper records in order to facilitate the preparation of accurate returns.
As required by APES 220 we make the following statement regarding any tax services:
We will provide the Services to you in accordance with the relevant professional and ethical standards issued by the Accounting Professional & Ethical Standards Board *(APESB)*.
We will act in your best interest at all times, subject to the overriding requirement that we must comply with the law. For example we could not lodge a tax return that we knew contained a false or misleading statement.
If we are engaged to provide tax services, we will advise you of your rights, obligations and options available to you under tax laws. We may also provide you with advice on the application of tax laws, including any possible penalties and other consequences to enable you to make an informed decision of the course of action that may be taken.
Our services are limited exclusively to those you have engaged us to perform. Unless otherwise specified in a separate engagement letter, our services cannot be relied upon to disclose irregularities and errors, including fraud and other illegal acts, in your affairs.
The Services are provided only for the your benefit. We are not liable to any other person in respect of the Services.
Disclaimer (What we don't do...)
The scope of services for this project do not extend beyond what is set out in clause 9.
We do not perform audit and review work. If you require audit or review services for statutory or other reasons, please ask us for a referral.
We will not provide you with financial planning or investment advice regulated under the Corporations Act 2001 (Cth). If you require financial planning services, please ask us for a referral.
Like all laws, tax laws change frequently and our advice is based on the law at the time our advice is provided. It is your responsibility to obtain updated advice in relation to actual or proposed transactions entered into at a later time. Just get in touch if we can help you at any stage in the future.
The documents we prepare are for you only. We do not assume any responsibility for reliance on documents by any person or entity other than yourself/ves. We may include a disclaimer in any documents that we prepare to make sure this is clear.
We will endeavour to record all advice on important matters in writing. Advice given verbally is not intended to be relied upon unless confirmed in writing. If we provide verbal advice (for example during a meeting or telephone conversation) that you wish to rely on, you must ask us to confirm the advice in writing.
Your Responsibilities (What we ask you to do …)
The performance of our service is dependent on your performance of your obligations in relation to disclosure and record keeping. This is teamwork!
We find that working with you as a team makes the process more meaningful and more useful. We want to help you as much as we can and so we need to you to give us all the information that we need as soon as you can. We can’t guarantee that work will be completed by the lodgement date unless we have your contribution well in advance of the due date (which we’ll advise you of at the relevant time). We will request information and documents from you, or any other party you nominate, at the outset of our engagement. All information is to be provided to us in writing (in person or via the HowNowOnline secure portal or the Xero platform) before we start work for you. If you do not provide all of your documents before we start work it will result in extra work for us which we have to charge you for (see our change to scope of work clause below) . By providing all your documents upfront it allows us to stick to our fixed fee and gives you peace of mind.
You are responsible for the accuracy and completeness of the information you provide to us. You must disclose all relevant information. As we work together we may have questions to ask you, we need you to respond quickly, accurately and honestly. This enables us to make progress for you. You agree to provide accurate and complete responses to our questions within 7 days (again see our change of scope clause below).
You should also ensure that any source documentation will be available should the ATO request a review of any transaction.
Tax law provides 'safe harbours' from penalties for incorrect or late tax returns if you’ve honestly and accurately provided us with all relevant tax information. If you fail to do so, you may not be eligible for the 'safe harbour' protection.
You must keep us informed on a timely basis of changes in your circumstances that may affect our services.
Privacy
Tax File Number Rule 2015
Accounting Heart will request your Tax File Number (TFN). We are authorised to collect your TFN by Taxation Administration Act 1953. We are collecting your TFN for the purpose of completing your tax return. It is not an offence for you to decline to provide us with your TFN. If you do decline to provide it, however, we will not be able to complete your tax return or provide other tax and accounting related services to you.
Generally
You must make all necessary notifications and obtain any necessary consents for us to process personal information you provide to us. We collect and use that personal information for the purposes of providing the services described in the engagement letter to you and we will comply with the Privacy Act 1988 (Cth) when processing that personal information. Our privacy policy provides further details of our privacy practices.
Fees
You will pay us the Fees set out below for the provision of the services:
Tax planning preparation - $260 plus GST per hour
Tax planning meeting - $350 plus GST per hour
Please note that these are our Fees for the Services within scope only. As we work together, the scope of our Services may expand. For example, you may instruct us to assist you to negotiate a payment plan with the ATO on your behalf.
In the event of an extension to the scope of our Services, we will charge you the fixed fee we agree in writing or, if we do not agree a fixed fee in advance, usual hourly rates as notified in our standard engagement terms will apply.
Payment
These services will be charged on an hourly rate basis as outlined in clause 13. The basis on which we are working for you is specified in this agreement. Payment is due withing 7 days of invoice.
Method
We accept payment by EFT and credit card.
Interest
If you fail to pay the Fees as set out in this clause within 30 days, we will charge interest at the rate of 6% per annum on all outstanding amounts until paid in full.
Costs
If any amounts remain outstanding for more than 60 days, we may refer the matter to a debt collection agency or solicitor and you will be liable to pay any costs we incur or become liable to pay for the collection of such unpaid amounts, including but not limited to debt collection fees, charges and commissions and legal fees and costs on a full indemnity basis.
Outsourced Services
Accounting Heart does not outsource any elements of your work.
Third Party Responsibilities
We find the good use of technology is helpful and we take your privacy seriously. We use cloud based practice management, accounting taxation and document management software that contains your personal and financial information. The databases that contain this information are located in Australia, United Kingdom and the United States of America but may be replicated to other locations. We have made best endeavours to satisfy ourselves that the suppliers of this software have privacy policies that are consistent with the Australian Privacy Principles.
We use the following cloud computing service providers, including:
Xero (including Hubdoc), whose servers are located in Australia, United States of America (USA), United Kingdom (UK) and other locations around the world. We use Xero to assist with accounting and bookkeeping functions, assist with ATO compliance functions and as a practice management system;
BGL Corporate Solutions, whose servers are located in Australia. We use BGL to assist with corporate secretarial functions and to assist with accounting of superannuation funds;
Accurium, whose servers are located in Australia. We use Accurium to provide us with actuarial certificates;
Google, whose data servers are located are located in Australia, USA, Europe and other locations worldwide. We use Google to host our emails and for document storage;
BusinessFitness, whose servers are located in Australia, USA, UK and other locations worldwide. We use BusinessFitness for document management, storage and sharing plus e-signing;
MYOB, whose servers are located in Australia. We use MYOB to assist with accounting and bookkeeping functions;
NowInfinity, whose servers are located worldwide. We use NowInfinity to create company, superannuation fund and trust documents;
Monday, whose servers are located in the USA. We use Monday as a workflow tool;
QuickBooks, whose servers are located in Australia and worldwide . We use QuickBooks to assist with accounting and bookkeeping functions;
Dext, whose servers are located in the UK and Germany. We use Dext to assist with bookkeeping functions;
Practice Ignition, whose servers are located in Australia and USA. We use Practice Ignition to assist with engagement letters and fee management;
Active Campaign, whose servers are located in the USA. We use Active Campaign for email marketing purpose;
Cooper, whose data servers are located are located in Australia, USA, Europe and other locations worldwide. We use Cooper as our client relationship manager; and
other third parties from time to time and as separately notified to you
To perform the Services, we may provide these third parties with access to your data to the extent this is required to perform the services.
Your data will be stored in servers physically located in Australia unless otherwise specified above and in accordance with the security practices of the third party service provider and our Privacy Policy.
Ownership of Materials
The original documents that you give us remain your property. We may keep copies of the original documents for our records. Any documents that we produce for you as part of this engagement are yours to keep. All working papers and other documents 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 in accordance with our professional and legal obligations.
We may have a right to retain ownership of documents if a bill remains unpaid, we reserve our rights to a lien in this regard.
You agree we can use your logos and trade marks for the sole purpose of providing advice to you in connection with the engagement, unless you tell us otherwise.
Australian Consumer Law
You may be entitled to guarantees in relation to our Services pursuant to the Australian Consumer Law. Other than those guarantees, we specifically exclude any other guarantee in relation to our Services.
We do not warrant or guarantee specific commercial outcomes. While we may discuss strategic goals with you, we do not warrant or guarantee that such goal will be achieved. Any indications given are examples and are based on experience. These must not be relied on to predict future results. You agree that you have not relied on any warranty, guarantee or representation given by us in entering into this agreement.
Limitation of Liability
Our liability is limited by a scheme approved under the Professional Standards Legislation.
Where our Services fall within the scope of the Australian Consumer Law, we limit our liability to you to the fullest extent permissible by law, including by limiting our liability under section 64A of the Australian Consumer Law. To the maximum extent permissible by law, we exclude liability for consequential loss or damage, including loss of business profits. Otherwise, we exclude all liability to you (including for negligence and consequential loss or damage, including loss of business profits) and you hereby waive, release and discharge, on a continuing basis, all claims you have or may have against us relating to the provision of the services, however arising.
Dispute Resolution
If a dispute arises between the parties, the party claiming the dispute must not commence any court or arbitration proceedings (except where they seek urgent interlocutory relief), unless they have first complied with this clause:
The party claiming the dispute must first inform the other party in writing of the following:
the nature of the dispute;
the outcome they desire to resolve the dispute, and
the action they believe will settle the dispute.
On receipt of the notice by the other party, both parties will make every effort to resolve the dispute by mutual negotiation within 20 Business Days. If the parties are unable to resolve the dispute in that time, the parties must agree on selection of a mediator (if the parties are unable to agree, they agree to request that the President of the Law Society of New South Wales appoint a mediator) and will be equally liable for the fees and reasonable expenses of the mediator and the cost of the venue of the mediation (to be paid in advance). The parties must each pay their own costs associated with the mediation, which must be held in Sydney, New South Wales, Australia. All communications made by the parties arising out of this dispute resolution clause are confidential and to the maximum extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
This clause survives termination of this agreement.
General
Time is of the essence in this agreement. No extension or variation of this agreement will operate as a waiver of this provision.
This agreement is the entire agreement and understanding between the parties on everything connected with the subject matter of this agreement, and supersedes any prior understanding, arrangement, representation or agreements between the parties as to the subject matter contained in this agreement.
If anything in this agreement is unenforceable, illegal or void, it is severed and the rest of the agreement remains in force.
Any waiver by any party to a breach of this agreement will not be deemed to be a waiver of a subsequent breach of the same or of a different kind.
Neither party will be liable to the other party for any loss caused by any failure to observe the terms and conditions of this agreement, where such failure is occasioned by causes beyond its reasonable control including, but not limited to, by fire, flood, riot, strike, war, restrictions and prohibitions or any other actions by any government or semi government authorities, or major injury or illness of key personnel.
The law of New South Wales governs this agreement and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales.
A notice or other communication to a party must be in writing and delivered to that party in one of the following ways:
a. delivered personally;
b. posted to their address, when it will be treated as having been received on the second business day after posting; or
c. sent by email to their email address, when it will be treated as received when it enters the recipient’s information system or otherwise when the recipient confirms receipt in writing.
Definitions
In this agreement:
a. Agreement means this agreement between Accounting Heart and the Client.
b. Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
c. Business Day means a day on which banks are open for business in Sydney, other than a Saturday, Sunday or public holiday.
d. Client means {{ client.name }}.
e. Fees means the Fees set out in this letter.
f. Insolvency Event includes any event which indicates that the party in question is unable to pay their debts as they fall due.
g. Services means the services set out in this letter.
Interpretation
In the interpretation of this agreement:
a. References to legislation or provisions of legislation include changes or re-enactments of the legislation and statutory instruments and regulations issued under the legislation;
b. Words denoting the singular include the plural and vice versa, words denoting individuals or persons include bodies corporate and vice versa, references to documents or agreements also mean those documents or agreements as changed, novated or replaced, and words denoting one gender include all genders;
c. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this agreement;
d. Grammatical forms of defined words or phrases have corresponding meanings;
e. Parties must perform their obligations on the dates and times fixed by reference to Sydney, New South Wales, Australia;
f. Reference to an amount of money is a reference to the amount in the lawful currency of the Commonwealth of Australia;
g. If the day on or by which anything is to be done is a Saturday, a Sunday or a public holiday in the place in which it is to be done, then it must be done on the next Business Day;
h. References to a party are intended to bind their executors, administrators and permitted transferees; and
i. Obligations under this agreement affecting more than one party bind them jointly and each of them severally.
Acceptance
You accept these terms at the time of booking your tax planning meeting.
Liability limited by a scheme approved under Professional Standards Legislation