Terms of Engagement

Scope

The scope of the engagement will include services and advice in relation to accounting, taxation and financial matters and will exclude financial advice and service requiring an Australian Financial Services Licence. The scope of the engagement will be limited to services included in an accepted fixed price quotation, or other services as agreed in writing from time to time.

We consider that we have the necessary skills and expertise to perform the services covered by the engagement.

Fixed Fee Proposal

This Engagement includes a Fixed Fee Proposal including the services listed in the Services Schedule at the Prices listed in the Pricing Schedule. This Fixed Fee Proposal covers services provided during the period. Where services relating to do not specifically refer to a financial year or financial period, this fixed fee proposal refers to services relating to services provided during this period and lodgment of returns that fall due during the service period

Reliance on your financial data

Our engagement does not extend to the audit of the financial data you provide to us. As such, we will rely on and process the financial data without any review of the source documents and, in doing so, we will assume you have all the necessary supporting documentation. If the financial data you provide to us is inaccurate or incomplete, or is unsupportable, this may result in adverse consequences for which we shall not be responsible. Although we will adopt generally accepted accounting procedures to process the financial data we will express no opinion on whether the financial statements and other financial information produced by us, presents a true and fair view. Additionally, you acknowledge that you are responsible for your own systems of internal controls.

APES 220 Taxation Services

In accordance with APES 220 Taxation Services as issued by Accounting Professional & Ethical Standards board (APESB), we advise you and you acknowledge that:

• the responsibility for the accuracy and completeness of the particulars and information provided by the Client rests with the Client;
• any advice given to the Client is only an opinion based on the Member’s knowledge of the Client’s particular circumstances; and
• a taxpayer has obligations under self-assessment to keep full and proper records in order to facilitate the preparation of accurate returns.

APES 315 Compilation of Financial Information

In accordance with APES 315 Compilation of Financial Information as issued by Accounting Professional & Ethical Standards board (APESB), we advise you and you acknowledge that you are responsible for the reliability, accuracy and completeness of the accounting records and disclosures to us of all material and relevant information.

Your rights and obligations under taxation laws

You have certain rights under the taxation laws, including the right to seek a private ruling from the Australian Taxation Office or to appeal or object against a decision made by the Commissioner. If relevant, we will provide further information to you concerning your rights under the Australian taxation laws during the term of this engagement.

It is your obligation to provide us with all information that you reasonably expect will be necessary to allow me to perform work contemplated under this engagement within a timely manner or as requested. This includes providing accurate and complete responses to questions asked of you. Inaccurate, incomplete or late information could have a material effect on our services and/or our conclusions.

You also have certain obligations under the Australian taxation laws, such as the obligation to keep proper records and the obligation to lodge returns by the due date.

Our obligation to comply with the law

We have a duty to act in your best interests. However, the duty to act in your best interests is subject to an overriding obligation to comply with the law even if that may require us to act in a manner that may be contrary to your interests. For example, we could not lodge an income tax return for you that we knew to be false in a material respect.

We also have an obligation to ensure that we manage conflicts of interest as they arise. In this regard, we have arrangements in place to ensure that we manage potential or actual conflicts of interest. The effective operation of these arrangements depends, in part, on you complying with your obligation to disclose any potential conflicts of interest to me.

Unless otherwise stated, our obligations are based on the Australian tax law in force and the practice of the Australian Taxation Office applicable as at the date of this letter.

Our advice and/or services will be based on Australian taxation law in force at the date of the provision of the advice and/or services. It is your responsibility to seek updated advice if you intend to rely on our advice at a later stage. We note that Australian taxation laws are often subject to frequent change and our advice will not be updated unless specifically requested by you at the time of the change in law or announced change in law.

Tax Agent Services

This engagement includes the provision of tax agent services. In accepting this engagement, you expressly authorise us add yourself and any related entities for which you are authorised, to our tax agent list, update your personal and contact details and communicate with the Australian Taxation Office (ATO) on your behalf. Further, you authorise us to update your communication preferences with the ATO from time to time and to receive digitally enabled communications to our secure digital inbox. Should you wish to specify or alter your ATO communication preferences at any time, please let us know.

The Tax Agent Services (Code of Professional Conduct) Determination 2024

Our work for you is performed in accordance with the Tax Agent Services Act 2009. Under this Act, the Tax Agent Services (Code of Professional Conduct) Determination 2024 requires that we make the following disclosures to you:

1. Matters that could significantly influence your decision to engage us (or continue to engage us) for a Tax Agent Service from 1 July 2022 onward include the following:
   1. Our significant skills, qualifications, education and training, along with our practical experience and history of delivering for our clients
   2. Your own personal biases may significantly influence your decision to engage us in relation to matters such as age, gender, race, religion, sexual preferences, political preferences etc
   3. We are otherwise not aware of any matters that would negatively influence your decision to engage us.
2. The Tax Practitioner’s Board maintains a register of Tax Agents and BAS Agents. You can access and search this register here: https://www.tpb.gov.au/public-register
3. If you have a complaint about our tax agent services, you should contact our complains officer, David McKellar by email david@alliedaccountants.com.au. We will attempt to resolve your complaint with 14 days. If you are unhappy with the outcome, you can then make a complaint to the Tax Practitioners Board (TPB) https://www.tpb.gov.au/complaints.  If you are unhappy with how the TPB has dealt with your complaint, the above link includes details about your review rights and who can further assist you.

Single Touch Payroll (STP)

From time to time you may have obligations to report payroll data to the ATO using STP. You hereby authorise Allied Business Accountants to submit your payroll data to the ATO when required. You further declare that the payroll data provided to or processed by Allied Business Accountants is true and correct and that you are eligible to give this this authorisation. This authorisation will be effective for 12 months from the date of accepting this engagement.

Confidentiality and Data Protection

Personal information collected by us in the course of our dealings with you will be handled in accordance with this engagement letter and our Privacy Policy. (Privacy Policy).

The purpose of collecting your personal information is to carry out our services and for related purposes such as staff training and education, updating and enhancing our client records, analysis for management purposes, statutory returns, legal and regulatory compliance.

We will use and disclose personal information as set out in our Privacy Policy.

Information you provide to us will be kept strictly confidential. Access will be provided to our employees, contractors and service providers to enable us to deliver our services to you. Your information may be stored and/or accessed by our employees, contractors, service providers and software providers both inside and outside of Australia, specifically including but not limited to; United Stated of America, United Kingdom, New Zealand, South Africa, Philippines and India.

Our files may be subject to review as part of the quality control review program of Chartered Accountants Australia and New Zealand which monitors its members’ compliance with professional standards. By accepting our engagement, you acknowledge, that if requested, our files relating to this engagement will be made available under this program.

Very occasionally, we may also be required to disclose confidential information by law, regulatory bodies, insurers or otherwise in accordance with APES 110 Code of Ethics for Professional Accountants.

Where you share personal information regarding a third party (including your directors and employees) with us, you confirm that you have complied with your obligations under the Privacy Act 1998 (Cth) (including, if you are not bound by that Act, as if you were so bound), including that the personal information was lawfully collected, that you are entitled to disclose the personal information to us, and that we may use and disclose the personal information in the manner detailed above.

Our primary form of client communication is by email. In accepting this engagement, you authorise us to communicate with yourself and trusted third parties by email and acknowledge that such communication may include your personal information, including your Tax File Number.

Professional fees

Professional fees will generally be charged at a fixed rate, as quoted, on a per project basis.

Professional fees for services outside the scope of a fixed quotation will be charged at an hourly rate in line with the following table noting that specific rates may vary based on the individual’s skills and experience.

Partner	$480	Intermediate	$198
Manager	$330	Graduate	$165
Senior	$275	Bookkeeper	$110

Fees for periodic or reoccurring services (monthly, quarterly or annually) may automatically roll into the subsequent period at the same rate, or at an adjusted rate for the same scope of services in the next period.

We will advise you of any fee adjustments in advance.

Disbursements

At times it may be necessary to pay disbursements on your behalf, w will attempt to seek your authority prior to making any payment on your behalf. Disbursements incurred on your behalf or for your benefit will be disclosed on our invoices and are to be reimbursed. Disbursements may include such things as charges for software, legal and/or other opinions, and other expenses incurred in carrying out the engagement. We will use our best endeavours to keep the disbursements to a minimum. You will be entitled to the input tax credits (if any) referable to the disbursements that are incurred.

Payment of accounts

A valid tax invoice will be issued for each payment obligation arising under this engagement. Invoices may be issued at the commencement or completion of each project, at times as agreed, or at other times we deem appropriate. Invoices will include professional fees, GST and disbursements. Payment of these invoices is due no later than seven days from the date of issue unless otherwise agreed. You will be jointly and separately liable to pay our invoices (noting that superannuation funds will not be liable for fees relating to other entities).

Should you have any queries relating to an invoice, please raise them with us within seven days of receiving the invoice.

Unpaid accounts

In the event that invoices are not paid when due, we may elect:

• not to do any further work for you until all unpaid accounts are paid in full;
• to retain custody of any of your papers, documents or files until all unpaid accounts are paid in full; and
• to charge interest at the rate prescribed under the Penalty Interest Rates Act 1983 (Vic) on any amount outstanding one month after the date on which the account is given to you and until payment is made.

Termination of engagement

You may terminate the engagement, at your discretion, at any time. We may terminate the engagement if, in our reasonable view, our working relationship is unsatisfactory or if you breach any of the terms of the engagement.

On termination of services, the balance of this, and any other accepted fixed price engagements will become due and payable in full. We will store any records we hold for at least the minimum statutory period.

Termination will not prejudice the antecedent rights of either party or negate your obligations to us which accrue up to your termination.

Limitation of liability

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

You agree not to bring any claim against any of our principals, partners, directors, shareholders or employees in their personal capacity.

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

• indirect, special or consequential losses or damages of any kind; or
• liability arising due to the acts or omissions of any other person or circumstances outside our reasonable control, or your breach of these terms.

Limitation of third-party rights

Our advice and information are for your sole use, and we accept no responsibility to any third party, unless we have expressly agreed in the engagement letter that a specified third party may rely on our work.

Questions

If you have any questions relating to these terms and conditions and/or if you have any concerns at any time please do not hesitate to contact me.

Definitions

In this letter a reference to “I” or “we” means Allied Business Accountants, Allied Business Accountants Pty Ltd, Allied Accountants Pty Ltd, Allied International Services Pty Ltd, David McKellar and any other entities involved in carrying on the business of Allied Business Accountants from time to time. Reference to “you” means you, any related companies, trusts, and persons, and any other entities for whom I do any work at the request of any of them.

Parties to this Engagement

Parties to this engagement include all individuals and entities to which we provide services, and all directors, trustees and related parties of those individuals and entities.