- Head Office, 83 Scott Street, Liverpool, NSW 2170
- [email protected]
The professional services (Services) provided to our client (you or “your”) as outlined in the engagement letter (Engagement Letter) issued by Advanced Accounting are governed by these terms of business (Terms). Any subsequent engagement letter or proposal, including any confirmation letter detailing modifications to significant terms in the engagement letter (Confirmation Letter), will also be governed by these Terms. A services contract (Services Contract) represents an agreement between the parties regarding the Services and consists of these Terms, the Engagement Letter, and any Confirmation Letter.
We will deliver the Services specified in the Engagement Letter or any subsequent Confirmation Letter. By engaging or continuing to engage Advanced Accounting, you accept the terms of the Services Contract. It is not necessary for Advanced Accounting to reissue Engagement Letters for each new scope of services or notify you of such changes. If you instruct us to perform any Services, these Terms will govern, regardless of whether you have signed the client acknowledgment in the Engagement Letter or Confirmation Letter.
We reserve the right to amend our Terms periodically without prior notice. When we make significant changes, we will strive to notify you reasonably (e.g., via a notice on our website or an email). Your continued use of our Services will be considered as acceptance of the updated Terms. The Terms displayed on our website, as updated, will apply to all Services provided to you, even if you haven’t received explicit notice of the changes.
Our work will be based solely on the information provided, the circumstances communicated to us, and the assumptions detailed in our correspondence. It is crucial for you to promptly inform us of any changes to the information originally provided, as this may affect our advice.
The scope of our Services is limited to the work outlined in our proposal or Engagement Letter. Unless explicitly stated otherwise, the Services do not include tax advice, financial advice, or legal advice.
Preparation of your income tax return or BAS does not constitute a tax review or audit and should not be relied upon as such. It is your responsibility to self-assess, and there are substantial penalties for incorrect returns. You should review your income tax return or BAS carefully and inform us of any required amendments.
While we strive to identify potential issues to the best of our ability, we cannot accept responsibility for matters not reasonably identifiable from the information provided as part of our engagement.
If we compile financial information for general or special purpose financial statements, you are responsible for the accuracy, completeness, and reliability of the accounting records and for disclosing all material and relevant information to us.
Legal and interpretive changes may occur before our advice is acted upon or may have retrospective effects. Unless specifically stated in the Engagement Letter, we are not responsible for informing you of legal or interpretative changes affecting previous advice.
Some matters we advise on (e.g., employee share schemes, superannuation funds) may have tax implications for directors, employees, or related entities for which we are not responsible unless specifically instructed to address these issues. Advice provided regarding persons or entities not specifically engaged will be general in nature, unless explicitly included in the engagement.
Any advice we provide is based on our understanding of current law, administrative practice, and your specific circumstances. As such, our advice and income tax returns may be subject to challenge by taxation authorities.
During the engagement and after, we may offer oral advice in meetings or over the phone. After further consideration, we may revise our views but are not obligated to inform you. We recommend seeking written confirmation for any oral advice provided.
Unless specifically addressed in the engagement, our work does not include reviewing transactions for the application of Part IVA of the Income Tax Assessment Act 1936 and other anti-avoidance legislation. Generally, if Part IVA applies, any tax benefits such as deductions or income deferral may be denied.
When preparing tax returns, unless otherwise agreed in the Engagement Letter, our Services for the following schedules and disclosures are limited as follows:
Requests for additional work related to these schedules will be considered a separate engagement.
We will strive to meet the time scales outlined in the Engagement or Confirmation Letters or as otherwise agreed. However, unless explicitly agreed otherwise in writing, the dates provided are indicative for planning and estimating purposes and are not contractually binding.
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We will provide reports in accordance with the terms outlined in the Engagement or Confirmation Letters. You may make copies of these reports for internal use only, but must not share them with any third party without obtaining our prior written consent. Such consent will be granted under terms we deem appropriate, which may include a disclaimer of any duty or responsibility to other parties who may rely on the report. In some cases, we may require appropriate releases from third parties.
You agree to promptly provide all information and documents reasonably required for us to deliver the Services. Unless otherwise specified in the Engagement or Confirmation Letter, we will not independently verify the accuracy of the information and documents provided, and we will not be liable for any loss or damage arising from inaccuracies or defects in the information or documents supplied by you. We will take reasonable measures to ensure the accuracy of your personal information in accordance with the Advanced Accounting Privacy Policy.
The responsibility for the accuracy of any tax returns ultimately rests with the taxpayer. Therefore, you must ensure that the information you provide is accurate and complete. We will not prepare tax returns based on estimates unless such estimates are generally accepted for specific items or calculations, or if exact data cannot be obtained due to circumstances.
You must ensure that all information provided by you or on your behalf is truthful, accurate, and does not omit any material details.
In providing the Services, we may, at our discretion, utilize resources, knowledge, and information from other firms within the Advanced Accountings Group or third-party service providers. This may involve transferring information, including personal data, to such parties. You consent to this transfer.
When our Services include payroll or payroll-related services, lodgements, or submissions to tax authorities or other organizations (such as activity statements, payroll tax submissions, workers’ compensation declarations, surveys, superannuation submissions, and employee share scheme reporting), we will rely on the information you provide as being accurate, complete, and compliant with Federal and State legislation and fair work instruments as defined in the Fair Work Act 2009 (Cth). Unless otherwise specified in the Engagement or Confirmation Letter, we will not review the information for accuracy, completeness, or compliance.
To the extent permitted by law, Advanced Accounting disclaims any responsibility or liability arising from reliance on the information provided by you. You agree to indemnify us, in accordance with clause 8, for any reliance on incomplete or inaccurate information, including non-compliance with legislation, regulations, and instruments.
Fees for the Services will be determined as outlined in the Engagement or Confirmation Letter. If the basis for our fees is not specified, they will reflect factors such as time spent, complexity, monetary values involved, specialist input required, and urgency. Goods and Services Tax (GST) at the prevailing rate will be added to and form part of our fees.
Our total fees, hourly rates, and out-of-pocket expenses (Billings) are based on the current GST rate, except where we determine that the Services are GST-free. If the GST rate changes, our Billings will be adjusted accordingly.
You acknowledge that any fee estimate provided is given in good faith but may be subject to change.
All charges exclude expenses unless stated otherwise in the Engagement or Confirmation Letter. Out-of-pocket expenses such as reasonable travel, subsistence, and document handling costs (e.g., photocopying, printing, faxing, and courier services) will be charged to you, plus applicable GST. Special expense arrangements will be agreed upon and detailed in the Engagement or Confirmation Letter.
Our fee scale may be revised periodically. Rates quoted to you remain effective until the next 31 December or 30 June, as applicable. We may adjust our fees for any work performed after these dates. We reserve the right to change our rates outside these dates and will notify you directly of any such changes.
This Services Contract will commence on the date specified in the Engagement or Confirmation Letter. If no commencement date is provided, the Contract will start from the date of your acceptance of the Services Contract as indicated in the Engagement or Confirmation Letter.
Either party may terminate this Services Contract at any time by providing written notice.
Termination of this Services Contract does not affect any rights or obligations accrued up to the date of termination, including any outstanding sums. For clarity, Advanced Accounting reserves the right to invoice you for any Services rendered before the termination, and you are required to pay for those Services.
Both parties agree to take reasonable measures to maintain the confidentiality of any proprietary or confidential information received from the other party. If you wish to share our reports, letters, information, or advice with third parties, you must first obtain our written consent. Such consent will be granted under terms we deem appropriate, including a disclaimer of any responsibility or duty to the third parties who may rely on the documents. In some cases, we may require third parties to sign a standard confidentiality agreement.
Advanced Accounting will deliver the Services with reasonable skill and care as outlined in the Engagement or Confirmation Letter. The liability of Advanced Accounting, including its directors, employees, associates, and contractors, is limited by a scheme approved under Professional Standards Legislation. Titles such as ‘Senior Partner’ or ‘Partner’ denote seniority and expertise but do not imply a legal partnership involving the Office, KPGH, or any other KPGH Offices.
The Advanced Accounting Group consists of separate legal entities. Each Office operates independently and is not legally responsible for the actions or omissions of other Offices. Advanced Accounting Group Holdings Limited (KPGH) is not liable for any actions or omissions of an Office and disclaims all responsibility for such acts, including negligence arising from this Services Contract.
Offices cannot act as agents of KPGH or other Offices and are only liable for their own actions. Similarly, KPGH cannot act as an agent for any Office and is liable only for its own actions.
You agree to indemnify and hold harmless Advanced Accounting, including its directors, employees, associates, and contractors, as well as each Office within the Advanced Accounting Group, against any loss, expense, damage, or liabilities arising from third-party claims related to the Services or any use of deliverables under this Services Contract. This includes reimbursement for all costs and expenses, including legal fees, incurred in connection with such claims.
In this clause:
All Information provided remains your property, but you consent to us making copies for our use. We may retain copies of Information and Work but will only maintain ownership of our Working Papers.
Documents such as financial statements and tax returns provided to you as part of the Services will belong to you. Other documents, including Working Papers, will remain our property. We may destroy documents over seven years old and scan hard copies into an electronic system, with your consent.
Advanced Accounting reserves the right to exercise a lien over all files and documents related to the Engagement Agreement or Confirmation Letter as security for any outstanding amounts owed by you. We may suspend Services until all Outstanding Amounts are paid. Suspension does not affect your obligation to pay for Services performed before the suspension.
In the event of a dispute regarding the Services or Outstanding Amounts, both parties agree to resolve it in good faith. If unresolved within 30 days, the parties will enter mediation or another dispute resolution method before initiating legal proceedings. Written notice of the dispute must be given for mediation, which will be conducted by a mediator chosen by the parties or, if necessary, by the Australian Disputes Centre (ADC) following its Guidelines. Mediation will terminate if the dispute is not resolved within 60 days of notice or any agreed extended period.
You must retain all records relevant to income tax returns for five years from the relevant date and be prepared for examination by the Commissioner of Taxation. This includes records related to capital gains tax events and carry-forward capital losses. Failure to maintain records may result in penalties under taxation laws.
Advanced Accounting may communicate with you or provide Documents electronically. By default, you consent to receiving communications via electronic means, including systems like DocuSign. If you do not accept this risk, notify us in writing. Both parties will adopt procedures to protect data integrity, including virus checks on attachments.
Advanced Accounting is free to provide services to other clients and is not restricted by this Services Contract from doing so.
Advanced Accounting complies with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
The Advanced Accounting Group Privacy Policy details how we collect, use, and disclose personal information. We collect personal information for purposes such as service provision, customer service, and compliance with regulatory requirements. The types of information collected include contact details and financial information.
You acknowledge that you have reviewed and understood our Privacy Policy and consent to our handling of your personal information as outlined.
We may disclose your personal information to business partners, associates, or third parties engaged to perform services, always on a confidential basis. Disclosures may occur if required by law. You must ensure that any third parties supplying personal information comply with the Privacy Act, and you indemnify us against any claims resulting from non-compliance.
The professional services (Services) provided to our client (you or “your”) as outlined in the engagement letter (Engagement Letter) issued by Advanced Accounting are governed by these terms of business (Terms). Any subsequent engagement letter or proposal, including any confirmation letter detailing modifications to significant terms in the engagement letter (Confirmation Letter), will also be governed by these Terms. A services contract (Services Contract) represents an agreement between the parties regarding the Services and consists of these Terms, the Engagement Letter, and any Confirmation Letter.
Basis of Providing Our Services
We will deliver the Services specified in the Engagement Letter or any subsequent Confirmation Letter. By engaging or continuing to engage Advanced Accounting, you accept the terms of the Services Contract. It is not necessary for Advanced Accounting to reissue Engagement Letters for each new scope of services or notify you of such changes. If you instruct us to perform any Services, these Terms will govern, regardless of whether you have signed the client acknowledgment in the Engagement Letter or Confirmation Letter.
We reserve the right to amend our Terms periodically without prior notice. When we make significant changes, we will strive to notify you reasonably (e.g., via a notice on our website or an email). Your continued use of our Services will be considered as acceptance of the updated Terms. The Terms displayed on our website, as updated, will apply to all Services provided to you, even if you haven’t received explicit notice of the changes.
Our work will be based solely on the information provided, the circumstances communicated to us, and the assumptions detailed in our correspondence. It is crucial for you to promptly inform us of any changes to the information originally provided, as this may affect our advice.
The scope of our Services is limited to the work outlined in our proposal or Engagement Letter. Unless explicitly stated otherwise, the Services do not include tax advice, financial advice, or legal advice.
Preparation of your income tax return or BAS does not constitute a tax review or audit and should not be relied upon as such. It is your responsibility to self-assess, and there are substantial penalties for incorrect returns. You should review your income tax return or BAS carefully and inform us of any required amendments.
While we strive to identify potential issues to the best of our ability, we cannot accept responsibility for matters not reasonably identifiable from the information provided as part of our engagement.
If we compile financial information for general or special purpose financial statements, you are responsible for the accuracy, completeness, and reliability of the accounting records and for disclosing all material and relevant information to us.
Legal and interpretive changes may occur before our advice is acted upon or may have retrospective effects. Unless specifically stated in the Engagement Letter, we are not responsible for informing you of legal or interpretative changes affecting previous advice.
Some matters we advise on (e.g., employee share schemes, superannuation funds) may have tax implications for directors, employees, or related entities for which we are not responsible unless specifically instructed to address these issues. Advice provided regarding persons or entities not specifically engaged will be general in nature, unless explicitly included in the engagement.
Any advice we provide is based on our understanding of current law, administrative practice, and your specific circumstances. As such, our advice and income tax returns may be subject to challenge by taxation authorities.
During the engagement and after, we may offer oral advice in meetings or over the phone. After further consideration, we may revise our views but are not obligated to inform you. We recommend seeking written confirmation for any oral advice provided.
Unless specifically addressed in the engagement, our work does not include reviewing transactions for the application of Part IVA of the Income Tax Assessment Act 1936 and other anti-avoidance legislation. Generally, if Part IVA applies, any tax benefits such as deductions or income deferral may be denied.
Limitations to the Tax Compliance Services We Provide
When preparing tax returns, unless otherwise agreed in the Engagement Letter, our Services for the following schedules and disclosures are limited as follows:
Requests for additional work related to these schedules will be considered a separate engagement.
Time Scale
We will strive to meet the time scales outlined in the Engagement or Confirmation Letters or as otherwise agreed. However, unless explicitly agreed otherwise in writing, the dates provided are indicative for planning and estimating purposes and are not contractually binding.
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Bottom of Form
We will provide reports in accordance with the terms outlined in the Engagement or Confirmation Letters. You may make copies of these reports for internal use only, but must not share them with any third party without obtaining our prior written consent. Such consent will be granted under terms we deem appropriate, which may include a disclaimer of any duty or responsibility to other parties who may rely on the report. In some cases, we may require appropriate releases from third parties.
You agree to promptly provide all information and documents reasonably required for us to deliver the Services. Unless otherwise specified in the Engagement or Confirmation Letter, we will not independently verify the accuracy of the information and documents provided, and we will not be liable for any loss or damage arising from inaccuracies or defects in the information or documents supplied by you. We will take reasonable measures to ensure the accuracy of your personal information in accordance with the Advanced Accounting Privacy Policy.
The responsibility for the accuracy of any tax returns ultimately rests with the taxpayer. Therefore, you must ensure that the information you provide is accurate and complete. We will not prepare tax returns based on estimates unless such estimates are generally accepted for specific items or calculations, or if exact data cannot be obtained due to circumstances.
You must ensure that all information provided by you or on your behalf is truthful, accurate, and does not omit any material details.
In providing the Services, we may, at our discretion, utilize resources, knowledge, and information from other firms within the Advanced Accountings Group or third-party service providers. This may involve transferring information, including personal data, to such parties. You consent to this transfer.
Reliance on Information
When our Services include payroll or payroll-related services, lodgements, or submissions to tax authorities or other organizations (such as activity statements, payroll tax submissions, workers’ compensation declarations, surveys, superannuation submissions, and employee share scheme reporting), we will rely on the information you provide as being accurate, complete, and compliant with Federal and State legislation and fair work instruments as defined in the Fair Work Act 2009 (Cth). Unless otherwise specified in the Engagement or Confirmation Letter, we will not review the information for accuracy, completeness, or compliance.
To the extent permitted by law, Advanced Accounting disclaims any responsibility or liability arising from reliance on the information provided by you. You agree to indemnify us, in accordance with clause 8, for any reliance on incomplete or inaccurate information, including non-compliance with legislation, regulations, and instruments.
How Fees Will Be Calculated
Fees for the Services will be determined as outlined in the Engagement or Confirmation Letter. If the basis for our fees is not specified, they will reflect factors such as time spent, complexity, monetary values involved, specialist input required, and urgency. Goods and Services Tax (GST) at the prevailing rate will be added to and form part of our fees.
Our total fees, hourly rates, and out-of-pocket expenses (Billings) are based on the current GST rate, except where we determine that the Services are GST-free. If the GST rate changes, our Billings will be adjusted accordingly.
You acknowledge that any fee estimate provided is given in good faith but may be subject to change.
Expenses
All charges exclude expenses unless stated otherwise in the Engagement or Confirmation Letter. Out-of-pocket expenses such as reasonable travel, subsistence, and document handling costs (e.g., photocopying, printing, faxing, and courier services) will be charged to you, plus applicable GST. Special expense arrangements will be agreed upon and detailed in the Engagement or Confirmation Letter.
Hourly Rates
Our fee scale may be revised periodically. Rates quoted to you remain effective until the next 31 December or 30 June, as applicable. We may adjust our fees for any work performed after these dates. We reserve the right to change our rates outside these dates and will notify you directly of any such changes.
Duration of Contract
This Services Contract will commence on the date specified in the Engagement or Confirmation Letter. If no commencement date is provided, the Contract will start from the date of your acceptance of the Services Contract as indicated in the Engagement or Confirmation Letter.
Termination
Either party may terminate this Services Contract at any time by providing written notice.
Rights on Termination
Termination of this Services Contract does not affect any rights or obligations accrued up to the date of termination, including any outstanding sums. For clarity, Advanced Accounting reserves the right to invoice you for any Services rendered before the termination, and you are required to pay for those Services.
Both parties agree to take reasonable measures to maintain the confidentiality of any proprietary or confidential information received from the other party. If you wish to share our reports, letters, information, or advice with third parties, you must first obtain our written consent. Such consent will be granted under terms we deem appropriate, including a disclaimer of any responsibility or duty to the third parties who may rely on the documents. In some cases, we may require third parties to sign a standard confidentiality agreement.
Advanced Accounting will deliver the Services with reasonable skill and care as outlined in the Engagement or Confirmation Letter. The liability of Advanced Accounting, including its directors, employees, associates, and contractors, is limited by a scheme approved under Professional Standards Legislation. Titles such as ‘Senior Partner’ or ‘Partner’ denote seniority and expertise but do not imply a legal partnership involving the Office, KPGH, or any other KPGH Offices.
The Advanced Accounting Group consists of separate legal entities. Each Office operates independently and is not legally responsible for the actions or omissions of other Offices. Advanced Accounting Group Holdings Limited (KPGH) is not liable for any actions or omissions of an Office and disclaims all responsibility for such acts, including negligence arising from this Services Contract.
Offices cannot act as agents of KPGH or other Offices and are only liable for their own actions. Similarly, KPGH cannot act as an agent for any Office and is liable only for its own actions.
You agree to indemnify and hold harmless Advanced Accounting, including its directors, employees, associates, and contractors, as well as each Office within the Advanced Accounting Group, against any loss, expense, damage, or liabilities arising from third-party claims related to the Services or any use of deliverables under this Services Contract. This includes reimbursement for all costs and expenses, including legal fees, incurred in connection with such claims.
Ownership of Documents
In this clause:
All Information provided remains your property, but you consent to us making copies for our use. We may retain copies of Information and Work but will only maintain ownership of our Working Papers.
Documents such as financial statements and tax returns provided to you as part of the Services will belong to you. Other documents, including Working Papers, will remain our property. We may destroy documents over seven years old and scan hard copies into an electronic system, with your consent.
Lien Over Documents
Advanced Accounting reserves the right to exercise a lien over all files and documents related to the Engagement Agreement or Confirmation Letter as security for any outstanding amounts owed by you. We may suspend Services until all Outstanding Amounts are paid. Suspension does not affect your obligation to pay for Services performed before the suspension.
In the event of a dispute regarding the Services or Outstanding Amounts, both parties agree to resolve it in good faith. If unresolved within 30 days, the parties will enter mediation or another dispute resolution method before initiating legal proceedings. Written notice of the dispute must be given for mediation, which will be conducted by a mediator chosen by the parties or, if necessary, by the Australian Disputes Centre (ADC) following its Guidelines. Mediation will terminate if the dispute is not resolved within 60 days of notice or any agreed extended period.
You must retain all records relevant to income tax returns for five years from the relevant date and be prepared for examination by the Commissioner of Taxation. This includes records related to capital gains tax events and carry-forward capital losses. Failure to maintain records may result in penalties under taxation laws.
Advanced Accounting may communicate with you or provide Documents electronically. By default, you consent to receiving communications via electronic means, including systems like DocuSign. If you do not accept this risk, notify us in writing. Both parties will adopt procedures to protect data integrity, including virus checks on attachments.
Advanced Accounting is free to provide services to other clients and is not restricted by this Services Contract from doing so.
Privacy Act
Advanced Accounting complies with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
Collection and Use of Personal Information
The Advanced Accounting Group Privacy Policy details how we collect, use, and disclose personal information. We collect personal information for purposes such as service provision, customer service, and compliance with regulatory requirements. The types of information collected include contact details and financial information.
You acknowledge that you have reviewed and understood our Privacy Policy and consent to our handling of your personal information as outlined.
Disclosure of Personal Information
We may disclose your personal information to business partners, associates, or third parties engaged to perform services, always on a confidential basis. Disclosures may occur if required by law. You must ensure that any third parties supplying personal information comply with the Privacy Act, and you indemnify us against any claims resulting from non-compliance.
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AATBS provides a range of financial services which include Accounting, Taxation, Single Touch Payroll (STP), Bookkeeping, self-managed superannuation funds, succession planning & Business Finance.
Liability limited by a scheme approved under Professional Standards Legislation.
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