Terms & Conditions
These terms and conditions (‘Terms’), in conjunction with our Engagement letter, apply in respect to professional services (‘Services’) to be performed for the client identified in the Engagement letter (‘Client’ or ‘you’) by the Wakefield Chartered Accountants entity identified in the Engagement letter (‘WCA’ or ‘we’ or ‘us’) herein collectively referred to as the ‘parties’ to the Contract. In the event of any conflict arising between these Terms and the Engagement letter, the latter shall prevail to the extent of the inconsistency.
- Our services
WCA shall provide the Services described in the Engagement letter in an efficient and timely manner, using all reasonable commercial efforts and necessary expertise to conduct applicable Services to an appropriate professional standard.
- Taxation Services
We are registered as a tax agent (registration number 6377 8008) under the Tax Agents Services Act 2009 (Cth) and are authorised to provide taxation services.
3.2 Information and Access
Where our Engagement consists of us providing taxation services to you, the onus is on you as the taxpayer to provide to us accurate and complete information to the best of your knowledge in a timely fashion. Unless otherwise requested by you via written communication, WCA will not independently verify the accuracy of information supplied by you and we will not be liable for any loss or damage, including direct or indirect and consequential loss, arising from the inaccuracy of such information. You shall agree to notify WCA as soon as reasonably possible should, subsequent to providing information to us, you become aware that the information contains inaccurate or misleading content.
In the event of any disputed assessment before the Court or the Administrative Appeals Tribunal, the onus of proof rests on you. Under Australia’s self-assessment regime, it is your responsibility to retain proper records so as to facilitate the preparation of accurate returns to the Australian Taxation Office.
Where our Engagement involves us providing taxation advice, that advice is representative of the opinion we have formed on the basis of information of your particular circumstances provided by you to us. We may refuse to provide taxation services to you should we discover, or form an opinion that, part or all of the information on which our Services is to be based is misleading or omits material details that you are not prepared to appropriately provide.
- Bookkeeping Services
The terms pertaining to Bookkeeping Services is enclosed in the Bookkeeping Services Contract (‘Bookkeeping contract’) and is relevant to any Client whom WCA has rendered Xero setup and training free of charge and whom has selected one of the Bookkeeping packages offered by WCA.
The Client engages the Provider and the Provider agrees to render Bookkeeping Services as set forth in accordance with the Bookkeeping contract.
The Bookkeeping contract shall begin and expire on the dates specified in the contract between the parties and can be renewed with mutual agreement of both parties.
The Bookkeeping contract shall exist for a minimum duration of one year.
4.3 Compensation and Payment
In consideration of the Bookkeeping Services provided, the Client agrees to pay the monthly amount of the Bookkeeping package selected, in accordance with the payment terms of the contract.
The Provider agrees to invoice the Client each month via direct debit for services performed, and to in no event perform or invoice for Services which are not explicitly approved in the Bookkeeping contract or subsequent amendments or purchase orders.
The Bookkeeping contract may be terminated at any time by either the Provider or the Client in the event that either party fails to act or perform in accordance with the full terms of the contract.
In the event that either party wishes to cancel the contract, they may do so by providing 30 days’ written notice via email or certified mail.
The Provider or Client may elect to cancel the contract in the event that either party files for bankruptcy, enters into liquidation or is acquired by another entity.
In the event that this Bookkeeping contract is cancelled, the Client agrees to make full payment to the Provider for any Services rendered prior to cancellation.
If the Client terminates the contract before 12 months from the start date of this contract date, the Client shall be liable for the entire payment of the contract value they have entered into which shall be equivalent to the monthly value multiplied by 12.
- Changes to Services
WCA or the Client may request changes in writing to the scope of Services set out in the Engagement letter. Both parties shall contribute towards the assessment of the impact of any requested changes on the cost, timing and any other applicable aspects of the Services.
5.1 Duration of Contract
You will be taken to have accepted the terms of the Engagement letter provided to you and these Terms, on the earlier of the date that you sign and return the Engagement letter to us or you commence to provide us with information to proceed with the Engagement.
The Contract shall remain in force until it is terminated in writing by either party or in accordance with the terms set out in clause 3.2.
5.2 Termination of Contract
Either party may terminate the Contract at any time by providing written notice to the other, subject to any statutory provisions that apply to the Services performed and unless otherwise provided in the Engagement letter.
WCA also reserves the right to terminate the Contract on reasonable written notice upon any of the following circumstances occurring:
- you fail to pay our account within a period deemed acceptable by us; or
- you fail to provide us with adequate instructions to allow us to provide Services to you in a manner that accords with the relevant professional and ethical standards issued by the Accounting Professional & Ethical Standards Board (APESB); or
- your instructions require WCA to conduct Services that is contrary to the interests of another existing WCA client or otherwise results in a conflict of interest such that we cannot continue to act for you; or
- we are no longer able to provide all or part of the Services to you due to applicable rules contained in relevant legislation; or
- for any other just cause.
- Fees and Payment
6.1 Calculation of Fees
The fees at WCA are generally determined on the basis of the expected amount of time and level of staff required to complete the Services performed. The fees will be calculated in line with the hourly rate current at the time.
6.2 Payment of Invoices
All invoices issued by WCA will be due for payment in accordance with the terms outlined in the Engagement letter. Invoices will contain relevant client details along with a summary of the Services rendered and, where relevant, the time period over which the Services were performed.
To enforce payments, WCA reserves the right to impose a late penalty of 10% on the outstanding balance of invoices that have not been paid in full within 90 days of the date of issue. In the event that this late penalty proves ineffective, WCA retains the right to recover all default costs in addition to enforcement expenses by undertaking any recovery actions deemed necessary.
The fees and charges referred to in the Contract between the parties are exclusive of GST. Any applicable GST will be presented in the invoice as a separate component to the GST-exclusive fee and must be paid at the same time that the GST-exclusive fee is paid.
All parties to the Contract shall agree to take reasonable steps to ensure that the confidentiality of any proprietary or confidential information of the other party is protected.
- Exclusions and Limitation of Liability
8.1 Skill and Care
During the course of our Engagement, WCA shall use the objective standard of reasonable skill and care required by law referable to the types of Services provided.
8.2 Limitation of Liability
The liability of WCA shall be limited by a scheme approved under Professional Standards legislation.
- Privacy Act 1988 (Cth)
In providing the Services, WCA may require the collection of or access to personal and sensitive information concerning you and your related entities. Our dealings with such information, including its use, collection, storage and disclosure, shall be in compliance with the Privacy Act 1988 (Cth), as amended from time to time.
- Electronic Communication
You accept that we may communicate with you electronically during the course of our Agreement. You acknowledge that electronically transmitted information may be insecure, intercepted, unsuccessfully delivered or contain viruses. WCA shall not be held liable in respect of any loss suffered arising from or in connection with the use of such electronic means.
We accept that should a provision in these Terms be held by a court to be wholly or partially void, illegal or unenforceable, that the relevant provision, or part thereof must, to that extent, be treated as severed from these Terms. Such a severance shall not affect the validity or enforceability of the remainder of the provisions contained in the Contract.
- Revision of Terms
WCA reserves the right to revise and update any of the provisions in these Terms from time to time without notice to you. To ensure the continuance of your agreement to these Terms, we ask that you regularly refer to our website.
Our continued Engagement following the revision of these Terms, should we deem them necessary, shall constitute your acceptance of the amended Terms.