Terms and Conditions

1. Who May Instruct Us

You confirm that you, and any person you nominate in writing from time to time and whose nomination we acknowledge, are authorised to provide 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 receive conflicting instructions or information from different individuals, we may refer the matter to the directors, partners or proprietors, as applicable, and act only on their instructions.

2. You and Your Spouse or Partner

We may advise you and your spouse or partner on the basis that you are a family unit with shared interests. We may communicate with either of you and discuss the affairs of the other.

If you would like to change these arrangements, please let us know in writing.

3. Anti Money Laundering and Counter Terrorism Financing

3.1 Customer Identification and Verification

As a reporting entity under the Anti Money Laundering and Counter Terrorism Financing Act 2006 (Cth), we are legally required to collect, verify and retain personal information relating to you and any beneficial owners, controllers or related parties.

Our obligations may include:

• verifying identity and beneficial ownership details
• assessing and managing money laundering and terrorism financing risks
• conducting ongoing due diligence and transaction monitoring
• undertaking enhanced due diligence where required
• reporting certain matters to AUSTRAC and other authorities
• complying with legal record keeping obligations

You agree to provide all information and documentation we reasonably request for these purposes.

3.2 Ongoing Monitoring

We are required to conduct ongoing monitoring throughout our engagement with you. This may include reviewing transactions, activities and changes in your circumstances.

You agree to provide updated information when requested.

3.3 Third Party Verification Providers

You consent to our use of third party electronic verification and screening providers for identity verification, sanctions screening, politically exposed person checks and related compliance activities.

These providers may access government, credit bureau or commercial databases where permitted by law.

3.4 Reporting Obligations

Where required by law, we may be required to report matters to AUSTRAC or other authorities without notice to you.

This includes suspicious matter reports, threshold transaction reports and other mandatory disclosures.

3.5 Enhanced Due Diligence

Where required, we may apply enhanced due diligence measures including requesting additional information about identity, beneficial ownership, source of funds or source of wealth.

3.6 Inability to Complete Compliance Requirements

If we are unable to complete required customer due diligence or resolve compliance concerns, we may suspend, refuse or terminate our services without liability and without providing reasons where prohibited by law.

3.7 Record Keeping

We are required to retain records relating to AML and CTF obligations for a minimum period of seven years, including identification and verification records.

3.8 Privacy and Data Handling

Information collected for AML and CTF purposes will be handled in accordance with the Privacy Act 1988 (Cth) and may be disclosed where required by law.

3.9 Changes in Law

Regulatory requirements may change during the course of our engagement. We may request additional information or update these terms to ensure ongoing compliance.

4. Your Responsibilities

You must provide all information necessary for us to perform our services accurately and within relevant deadlines.

We will rely on the information you provide being true, complete and accurate and will not independently audit or verify that information unless specifically engaged to do so.

You authorise us to contact third parties where reasonably necessary to obtain information relevant to your affairs.

You must also notify us promptly of any changes in your circumstances that may affect the services we provide.

5. Qualifications on Our Services

Nothing in these terms limits any obligations imposed on us by law.

You should not rely on advice provided on an earlier occasion without first confirming that the advice remains current and applicable.

Our services are limited to the scope of work agreed in the engagement letter.

Unless otherwise specified, our services are not designed to identify fraud, illegal conduct, irregularities or errors, and no audit or review assurance opinion will be provided.

For recurring engagements, we may update these terms where reasonably necessary. If you do not accept any amendments, you may terminate the engagement in accordance with these terms.

6. Reliance on Advice

We aim to confirm advice on significant matters in writing.

Advice provided verbally should not be relied upon unless confirmed by us in writing.

If you wish to rely on verbal advice, you should request written confirmation.

7. Investment and Financial Advice

We do not provide financial product or investment advice regulated under the Corporations Act 2001 (Cth) unless expressly agreed in writing.

Where appropriate, we may refer you to related businesses including 4C Wealth Pty Ltd or Accredo Finance Pty Ltd.

8. Professional Obligations

We comply with the professional and ethical standards issued by the Accounting Professional and Ethical Standards Board, including APES 110 Code of Ethics for Professional Accountants.

This may require us to disclose certain matters involving non compliance with laws or regulations to an appropriate authority where legally or professionally required.

9. Conflicts of Interest

We will advise you if we become aware of any conflict of interest affecting our relationship with you.

Where a conflict cannot be appropriately managed, we may cease acting for some or all parties involved.

We may also act for other clients whose interests differ from yours, subject to our obligations of confidentiality and professional conduct.

10. Fees and Payment

Our fees are charged based on the scope, complexity, responsibility and risk associated with the services provided.

Any fee estimates are indicative only and actual fees may vary.

Where fixed fees apply, we may revise the fee if unforeseen circumstances significantly affect the scope of work.

Invoices are payable within 14 days unless otherwise agreed.

All fees are exclusive of GST unless stated otherwise.

Disbursements and third party expenses may be charged separately where applicable.

Interest may be charged on overdue invoices at a rate of 5% above the Reserve Bank of Australia cash rate.

We may suspend or cease services where payment remains outstanding after reasonable notice.

11. Lien

If permitted by law or professional guidelines, we may exercise a lien over all materials or records in our possession relating to all engagements for you until all outstanding fees and disbursements are paid in full.

12. Client Monies

We maintain a trust account for dealing with client monies on their behalf. We can only accept money into our trust account on your behalf if you have provided us with a written trust account authority letter which details the authority given to us in relation to that trust money.

13. Confidentiality

We will take all reasonable steps to keep your information confidential, except where:

• we need to disclose your information to our service providers, regulatory bodies, professional advisers or insurers in connection with providing services to you
• disclosure is required by law, regulation, court order or professional obligations
• limited information is disclosed to potential purchasers of our practice or their advisers where reasonably necessary
• we use de identified information for training, research, benchmarking or technology development purposes
• you have provided consent for disclosure

Our files may also be reviewed as part of external quality assurance programs conducted by Chartered Accountants Australia and New Zealand.

We may retain your information during and after the engagement to comply with legal obligations and internal backup or archiving requirements.

We may also refer to you as a client for promotional purposes.

14. Privacy

You must make all necessary notifications and obtain any required consents for us to process personal information you provide to us.

We collect and use personal information for the purposes of providing our services and will handle that information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy available on our website.

15. Ownership of Materials

We own the copyright and all intellectual property rights in all materials created in connection with this engagement unless otherwise agreed in writing.

You may only use materials created by us for the purpose for which they were prepared.

16. Limitation of Liability

Our liability is limited by a scheme approved under Professional Standards Legislation.

You agree not to bring claims personally against our directors, principals, partners, shareholders or employees.

To the maximum extent permitted by law, we are not liable for:

• indirect, special or consequential loss or damage
• losses arising from acts or omissions of third parties
• circumstances outside our reasonable control
• losses arising from your breach of these terms

17. Limitation of Third Party Rights

Our advice and information are provided solely for your use and benefit.

No third party may rely on our work unless expressly agreed in writing in the engagement letter.

18. Termination

Either party may terminate this agreement by providing at least 21 days written notice.

We may terminate the engagement immediately where:

• a conflict of interest arises
• you fail to cooperate with us
• misleading or inaccurate information has been provided

Termination does not affect any accrued rights or obligations.

19. Communication

You must notify us of any changes to your contact details.

Unless instructed otherwise, we may communicate with you and relevant third parties electronically, including by email.

Electronic communications may carry risks including delay, non receipt, interception or misdirection.

You are responsible for virus checking all communications and attachments.

We are not responsible for matters outside our reasonable control.

20. Applicable Law

Our engagement is governed by Australian law.

The courts of Western Australia have non exclusive jurisdiction in relation to any disputes arising between us.

21. Interpretation

If any provision of these terms is found to be invalid or unenforceable, the remaining provisions will continue to apply.

If there is any inconsistency between the engagement letter and these terms, these terms prevail unless otherwise stated.

22. Disputes and Complaints

If you have concerns regarding our services or fees, please contact the person responsible for your engagement.

We have internal procedures in place to address complaints and aim to resolve concerns fairly and efficiently.

Where your complaint relates to tax agent or BAS agent services, you may also make a complaint to the Tax Practitioners Board at:

www.tpb.gov.au/complaints

23. Third Party Responsibilities

We may use outsourced service providers and cloud based systems including:

• Claratti Workspace for IT support, cybersecurity and Microsoft services
• Xero for accounting and database systems
• Class for SMSF accounting and compliance services
• other providers engaged from time to time

To perform our services, these providers may have access to your data where reasonably required.

Your information may be stored or processed on servers located in Australia or overseas depending on the provider used.

We take reasonable steps to ensure third party providers maintain appropriate confidentiality and security standards.

We will comply with the Privacy Act 1988 (Cth) when disclosing or storing personal information with third parties.

24. Consumer Data Rights

You may consent for an Accredited Data Recipient under the Consumer Data Right to disclose your CDR data to us.

You may nominate us as your Trusted Adviser for this purpose.

As your Trusted Adviser, we will only access the information necessary to provide the services outlined in the engagement letter.

25. Register of Tax Agents and BAS Agents

The Tax Practitioners Board maintains a public register of registered, suspended and deregistered tax and BAS agents.

The register is available at:

www.tpb.gov.au/public-register

We are required to advise clients of certain matters that may influence your decision to engage us as your tax agent.

There are currently no matters or conditions attached to our registration that we are required to disclose.

26. Your Rights Under Taxation Laws

Please refer to the fact sheet published by the Tax Practitioners Board outlining your rights and obligations in relation to taxation laws and professional conduct obligations.

View TPB Fact Sheet