Terms & Conditons

Acceptance of Offer

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

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GST

Where applicable, GST is payable on our professional 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.

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Confidentiality

At all times we will seek to maintain confidentiality of your information. However, we may be permitted or required by law to disclose confidential information. We may also, on a confidential basis, provide your information to third parties where we consider it is appropriate for the proper conduct of your matter.

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Privacy

We are required and committed to protecting your personal information in accordance with our obligations under the Privacy Act 1988 and the National Privacy Principles.

Personal information about you, provided by you and other sources, is protected under the Privacy Amendment (Private Sector) Act 2000 (Cth.).

Disclosure of such information may be compelled by law (e.g. under the Social Security Act 1991 (Cth)). You also authorise us to disclose such information where necessary to others in furtherance of your matter.

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Recovery of Costs

In the event of a recovery action being required for payment of our fees, the signatory or signatories agrees to pay all associated costs for any such recovery action on an indemnity basis including but not limited to legal fees.

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Retention and Copying of Your Documents

On completion of your work, we will retain your documents for 7 years. Your agreement to these terms constitutes your authority for us to destroy the file(s) 5 years after the date of our final tax invoice. We are entitled to retain your documents while there is money owing to us for our fees.

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Termination by Us

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

(a) while any of our tax invoices remain unpaid;

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

(c) if you fail to provide us with clear or timely instructions to enable us to advance your matter, for example, compromising our ability to comply with ATO recquirements, directions, orders or practices;

(d) if you refuse to accept our advise;

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

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

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

(h) if in our sole discretion we consider it is no longer appropriate to act for you.

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

If the agreement is terminated either by you or us, you will be required to pay our professional fees and charges for work done, and for expenses and disbursements incurred, up to the date of termination.

On termination, we are entitled to retain possession of your papers and documents while there is money owing to us for our charges and expenses, unless and until security is provided for our costs.

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Termination by You

You may terminate our services by written notice at any time. If you do so you will be required to pay our costs incurred up to the date of termination.

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Sending Material by Email

We are able to send and receive electronic mail. However, as such mail is not secure it may be copied, recorded, read or interfered with by third parties while in transit. If you transmit, or 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 after transmission, for any delay or non-delivery of any document and for any damage caused to your system or any files by a transfer.

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Client’s Information

All information, instructions, records and documents the client provides to the firm (Client’s Information) must be true and correct and:

(a) The firm shall be under no obligation to check or confirm the conformity, accuracy or adequacy of the Client’s Information;

(b) the Client indemnifies the firm, its officers, agents and employees against all claims, demands, actions , costs (including legal costs on a full indemnity basis), charges, expenses, loss, damages or other liability arising out of or in connection with any claim against the firm in connection with the use of the Client’s Information; and

(c) the firm shall have no liability to the client (whether in contract, tort (including negligence) or otherwise) in connection with any error, omission or inaccuracy in the Client’s Information.

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Limitation of Liability

(a) If under any law, any terms which apply to the supply of services by the firm under these terms cannot be legally excluded, restricted or modified then those terms apply to the extent required by that law;

(b) All terms which would otherwise be implied are excluded except as stated in these terms;

(c) To the extent permitted by law the firm’s sole liability for any breach of any term is limited to any one of the following:

(i) The supply of services again;

(ii) The payment of the cost of having the services supplied again;

(d) The client does not rely on any representation, warranty or other term made by or on behalf of the firm which is not set out in these terms; and

(e) The firm is not liable for any damage, economic loss or loss of profits whether direct, indirect, general, special or consequential:

(i) Arising out of a breach of an implied or expressed term; or

(ii) Suffered as a result of the negligence of the firm or its employees or agents, apart from liability as set out in the “Limitation of Liability” clause.

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Non-Waiver

The firm‘s failure to exercise any right under these terms or failure to insist on strict performance of any part of these terms does not operate as a waiver and a partial exercise of a right does not preclude any further or fuller exercise of that right.

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Governing Law

The law of New South Wales governs this agreement in relation to any matter upon which we are instructed to act.