Take Care of Books

General Terms of Business

1. Billing Arrangements

Our usual policy is to issue a tax invoice on a monthly basis but we may issue tax invoices on a more frequent basis depending on the nature of the work.  In some cases we shall send our tax invoice at the completion of the work, however, we reserve the right, in those cases, to send our tax invoice on a monthly or other periodic basis if completion of the work is delayed or if the work does not proceed to completion, for any reason. All tax invoices are due and payable 7 days from the date of the tax invoice.  If you choose to pay our invoices by credit card, we will add a surcharge of 1% of the invoice total for Mastercard, Visa or American Express.  You consent to us sending our tax invoices to you electronically at your usual email address.

2. Acceptance of Offer

You may accept the Terms of Business by:

2.1  signing and returning this document to us; or

2.2 continuing to instruct us.

Upon acceptance you agree to pay for our services on these terms.

3. Interest Charges

Interest will be charged at the Cash Rate Target set by the Reserve Bank of Australia as at the date of issue of the tax invoice plus 2% on any amounts unpaid after the expiry of 30 days after a tax invoice is given to you.  Our tax invoices will specify the interest rate to be charged.

4. Recovery of Costs

We will not take action for recovery of our costs until 30 days after a tax invoice has been given to you.

5. Your Rights

It is your right to:

5.1 negotiate terms of business with us;

5.2 negotiate the method of billing (eg. task based or time based);

5.3 request and receive an itemised bill within 30 days after a bill is payable; and

5.4 be notified as soon as is reasonably practicable of any substantial change to any matter affecting costs.

If you request an itemised bill and the total amount of the costs specified in it exceeds the amount previously specified in the bill for the same work, the additional costs may be recovered by us if:

 6.  Termination by You

You may terminate our services by written notice at any time. However, if you do so you will be required to pay our costs incurred up to the date of termination (including any fees which we remain responsible).

7. Lien

Without affecting any lien to which we are otherwise entitled at law over funds, papers and other property of yours:

7.1 we shall be entitled to retain by way of lien any funds, property or papers of yours, which are from time to time in our possession or control, until all costs, disbursements, interests and other moneys due to us have been paid; and

7.2 our lien will continue notwithstanding that we cease to act for you.

 

8. Privacy

We will collect personal information from you in the course of providing our bookkeeping services.  We may also obtain personal information from third party searches, other investigations and, sometimes, from adverse parties.

We will collect the full name and address of our clients.

Your personal information will only be used for the purposes for which it is collected or in accordance with the Privacy Act 1988 (Cth). For example, we may use your personal information to provide advice and recommendations that take into account your personal circumstances.

If you do not provide us with the full name and address information required, we cannot act for you. If you do not provide us with the other personal information that we request our advice or work may be wrong for you or misleading.

Depending on the nature of your work the types of bodies to whom we may disclose your personal information include Xero, State, Territory or Commonwealth authorities and agencies.

We do not disclose your information overseas unless your instructions involve dealing with parties located overseas. If your work involves parties overseas, we may disclose select personal information to overseas recipients associated with that work in order to carry out your instructions.

We manage and protect your personal information in accordance with our privacy policy (which can be found on our firm website or a copy of which we shall provide at your request). Our privacy policy contains information about how you can access and correct the personal information we hold about you and how you can raise any concerns about our personal information handling practices. For more information, please contact us in writing

 

(i)  When the bill is given, we inform you in writing that the total amount of the costs specified in any itemised bill may be higher than the amount specified in the lump sum bill, and

Nothing in these terms affects your rights under the Australian Consumer Law.

6. Your Rights in relation to a Dispute Concerning Costs

If you have a dispute in relation to any aspect of our costs you have the following avenue of redress:

6.1 you must discuss your concerns with us so that any issue can be identified and we can have the opportunity of resolving the matter promptly and without it adversely impacting on our business relationship.

 

7. Retention of Your Documents

On completion of your work, or following termination (by either party) of our services, we will retain your documents for 7 years. Your agreement to these terms constitutes your authority for us to destroy the file after those 7 years. We are entitled to retain your documents while there is money owing to us for our costs.

You will be liable for the cost of storing and retrieving documents in storage and our fees in connection with this.

 

8. Termination by Us

We may cease to act for you or refuse to perform further work, including:

8.1 while any of our tax invoices remain unpaid;

8.2 if you do not within 7 days comply with any request to pay an amount in respect of disbursements or future costs;

8.3 if you fail to provide us with clear and timely instructions to enable us to advance your work;

8.4 if you refuse to accept our advice;

8.5 if you indicate to us or we form the view that you have lost confidence in us;

8.6 if there are any ethical grounds which we consider require us to cease acting for you, for example a conflict of interest;

8.7 for any other reason outside our control which has the effect of compromising our ability to perform the work required within the required timeframe;

8.8 if in our sole discretion we consider it is no longer appropriate to act for you; or

8.9 for just cause.

We will give you reasonable written notice of termination of our services. You will be required to pay our costs incurred up to the date of termination

 9. Sending Material Electronically

We are able to send and receive documents electronically.  However, as such transmission is not secure it may be copied, recorded, read or interfered with by third parties while in transit.  If you ask us to transmit any document electronically, you release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document, for any delay or non-delivery of any document and for any damage caused to your system or any files.

 

10. GST

Where applicable, GST is payable on our fees and expenses and will be clearly shown on our tax invoices.  By accepting these terms, you agree to pay us an amount equivalent to the GST imposed on these charges.

11. Security

You charge any property (real or personal) owned by you or in which you have an interest, to secure payment of the costs and disbursements due to us.  This includes any property or an interest in property that you acquire at any time after the date that you sign the terms of business. You agree that we can lodge a Caveat over any real property in which you have an interest and any other security interest as the law may permit.

12. Governing Law

The law of New South Wales governs these terms and any costs in relation to any work upon which we are instructed to act.

 

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