Terms Of Service
By employing and obtaining this website, (collectively regarded as the “Site”in these Terms of Service), you (“you”, “consumer” or, “customer”) agree to these Conditions of Service (collectively, the “Conditions of Service” or “Agreement”).
IF YOU DO NOT CONCUR TO THE CONDITIONS OF THIS AGREEMENT, IMMEDIATELY HALT OBTAINING THIS SITE.
Intellectual Property.
You accept and agree which all articles and details on the Site is protected by proprietary rights and laws.
You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer, develop derivate do the job from, sell or re-sell any articles or details obtained from or in the Site.
Third-party Sites.
The Web Site may include hyperlinks to various websites taken care of by third-parties. These links are supplied solely as a convenience and does not imply endorsement of, or association using, the celebration by The A Firm.
Conversions to this Agreement.
This “Site” reserves the proper right to alter or modify any of the terms and conditions contained in this Agreement at any time. You acknowledge and agree that it’s your responsibility to review the Site and these Conditions of Services from time to time. Your progressed use of the Site after those adjustments to this Agreement will constitute acknowledgment of the modified Conditions of Service and agreement to abide and be bound by the modified Conditions of Service.
Termination of Use.
Doing this “Site” shall have the proper to immediately terminate or suspend, in its judgement, the access to all or part of the Site using or without notice for any reason.
Disclaimer of Warranty.
You expressly agree that use of the Site is at the single calculated risk and judgement. The Site and all articles and various details contained on the Site is supplied on an “AS IS” and “AS Readily available” basis where there is no warranty of any kind, whether or not express or implied. Blog tends to make no warranty which (I) the Site and articles or details should be uninterrupted, seasonable, safe or error-free, (II) the benefits which might be obtained from use of this Site should be effective, precise or dependable. The Site may include technical mistakes, inaccuracies or typographical errors. The A Firm reserves the proper to alter the Site articles and details at any time without notice.
Limitation of Liability.
In no party shall The A Firm or its affiliates be liable for any indirect, incidental, exceptional, punitive mishaps or consequential mishaps of any kind, or any mishaps in any way arising out of or linked to the use of the Site, the articles and various details obtained therein.
Certain states prohibit the exclusion or limitation of liability for consequential or incidental mishaps, hence the above constraints may not apply to you.
Governing Law.
Any conflicts arising out of or linked to these Conditions of Service and/or any use by you of the Site shall be ruled by the laws of Australia, with no regard to the conflict of laws provisions therein.
TRADING TERMS AND CONDITIONS
1. DEFINITIONS
1.1. The Practitioner is The A Financial Solutions Group Pty Ltd (ABN: 64 158 203 199), A Firm Legal Pty Ltd (ABN: 53 600 627 521), A Firm Brokerage House Pty Ltd (ABN: 28 168 594 134)
1.2. The Client is the party placing the order or any person acting on behalf of and with the authority of the Client that the Order is provided for.
1.3. The Guarantor is the person(s), or entity, who agrees to be liable for the debts of the Client.
1.4. The Order shall be defined as any request for the provision of Services by the Client with the Practitioner which has been accepted by the Practitioner including services for entities other than the Client.
1.5. The Services are the accounting services, consultancy services and the services in relation to the set-up, administration, management and accounting for self-managed superannuation funds provided by the Practitioner, including any advice or recommendations.
1.6. The Price is the amount invoiced for Services provided.
1.7. Indirect, Special or Consequential loss or damage includes i) any loss of income profit or business; ii) any loss of good will or reputation; iii) any loss of value of intellectual property.
1.8. GST refers to Goods and Services Tax under the Goods and Services Act 1999 (“GST Act”) and the terms used herein have meanings contained within the GST Act.
1.9. Major failure refers to Major failure as defined under the Competition and Consumer Act 2010 and the Fair Trading Acts in each of the States and Territories of Australia.
2. GENERAL
2.1. These Terms and Conditions together with the Practitioner’s written or verbal quotation, the Practitioner’s Engagement Letter, the Trust Account Banking and payment Authorisation, the Electronic Lodgement Declaration, the Tax Agent’s Certificate and the Client Substantiation Declaration form this Agreement and should be read in conjunction with the Practitioner’s Credit Application Form.
2.2. Any Order requested by the Client is deemed to be an Order incorporating these Terms and Conditions notwithstanding any inconsistencies which may be introduced in the Client Order or acceptance unless expressly agreed to by the parties in writing. In the event that an inconsistency exists and/or arises it is acknowledged between the parties that these Terms and Conditions will prevail.
2.3. No subsequent correspondence or document or discussion shall modify or otherwise vary these Terms and Conditions unless such variation is in writing and signed by the Practitioner.
2.4. The Terms and Conditions are binding on the Client, his heirs, assignees, executors, trustees and where applicable, any liquidator, receiver or administrator.
2.5. In these Terms and Conditions, the singular shall include the plural, the masculine shall include feminine and neuter and words importing persons shall apply to corporations.
2.6. Where more than one Client completes this Agreement each shall be liable jointly and severally.
2.7. If any provision of these Terms and Conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired and the offending provision shall be deemed as severed from these Terms and Conditions.
2.8. The Practitioner may license or sub-contract all or any part of its rights and obligations without the Client’s consent but the Practitioner acknowledges that it remains at all times liable to the Client.
2.9. The failure by the Practitioner to enforce any provision of these Terms and Conditions shall not be treated as a waiver of that provision, nor shall it affect each party’s right to subsequently enforce that provision.
2.10. The Client acknowledges that the Practitioner may detail its Terms and Conditions on its website.
3. PLACEMENT OF ORDERS
3.1. Orders placed by the Client with the Practitioner will be considered valid when placing the Order verbally and/or in writing.
3.2. Any written Quotation given by the Practitioner shall expire 14 days after the date of the written quotation.
3.3. All prices are based on taxes and statutory charges current at the time of the Quotation. Should these vary during the period from the date of the Quotation to the date of the invoice, the difference will become the responsibility of the Client and the Client will be invoiced for the extra charge by the Practitioner.
4. PRICE
4.1. GST will be charged on the Services provided by the Practitioner that attract GST at the applicable rate.
4.2. The Practitioner reserves the right to change the Price to the Practitioner’s Order in the event of a variation which was previously unknown or unforseen by the parties at the time of the Order was placed and notice will be provided in writing by the Practitioner within a reasonable time.
4.3. At the Practitioner’s sole discretion the Price shall be either:
4.3.1. As detailed on invoices provided by the Practitioner to the Client in respect of the Services provided; or 4.3.2. The Practitioner’s quoted Price as for the Order (subject to clause 5.2).
5. PROVISION OF SERVICES
5.1. At any time before payment is made by the Client, the Practitioner reserves their right to:
5.1.1. Decline requests for any Services requested by the Client.
5.1.2. Cancel or postpone appointments at their discretion.
5.2. If the Client fails to attend any appointment without prior notice, the Client shall, at the discretion of the Practitioner, be liable for a No Show Fee charged at the Practitioner’s prevailing rate.
5.3. Unless specified by the Practitioner to the contrary in the Order, the Practitioner does not warrant that it will be
capable of providing the Services at specific times requested by the Client during the term of this Agreement.
5.4. Subject to otherwise complying with its obligations under this Agreement, the Practitioner shall exercise its independent discretion as to its most appropriate and effective manner of providing the Services and of satisfying the Client’s expectations of those Services.
5.5. In the discharge of its duties, the Practitioner shall comply with all reasonable directions of the Client as to the nature and scope of the Services provided.
5.6. Nothing in the above clause shall effect the Practitioner’s right to exercise its own judgment and to utilise its skills as it considers most appropriate in order to achieve compliance with the said resolutions, regulations and directions or otherwise with its obligations under this Agreement.
5.7. The Practitioner may agree to provide, on request from the Client, additional Services not included or specifically excluded in the Quotation/Order. In this event, the Practitioner shall be entitled to make an additional charge. Additional Services includes, but is not limited to, alterations, amendments, and any additional visits by the Practitioner after provision of the Services at the request of the Client.
5.8. The Services provided by the Practitioner may also cover accounting work and tax returns carried out for other entities at the request of the Client.
5.9. The Practitioner may dispose of the Client’s records after seven (7) years.
6. PAYMENT
6.1. The Client must make full payment of the Price on the date of issue of invoice(s) for the Services unless a signed payment arrangement has been organised.
6.2. The Practitioner reserves the right to withhold lodgment of any Tax Returns, Activity Statements and other ATO Statutory Lodgments until the relevant signed Client Declarations are received and payment for services rendered is received in full.
6.3. The Practitioner reserves the right to interim invoice the Client for the Services provided.
6.4. The Client gives the Practitioner authority to apply any tax refund received for any entity and/or person covered by this agreement to any outstanding balance.
7. DISHONOUR OF CHEQUE
7.1. If any cheque issued by the Client or by any third party in payment of the Price is dishonoured, the Client may be liable for a dishonoured cheque fee of $40.00.
7.2. The Practitioner may refuse to provide any further Services until satisfactory payment is received in full, including bank fees and charges.
7.3. The Practitioner is entitled to treat the dishonour of the Client’s cheque as a repudiation of this Agreement and to elect between terminating this Agreement or affirming this Agreement, and in each case claiming and recovering compensation for loss or damage suffered from the Client.
8. DEFAULT
8.1. Invoices issued by the Practitioner shall be due and payable immediately.
8.2. The Practitioner may exercise a lien over the Client’s books of accounts, records, files, correspondence, bank records or other documentation (“the records”) that have come into the Practitioner’s possession for the propose of providing the Services to the Client in the event the Practitioner does not receive the Outstanding Balance for the Price on or before the Default Date.
8.3. The Practitioner shall be entitled to retain the records pursuant to the lien until such time the full payment of the Price is made to the Practitioner.
8.4. If the Practitioner does not receive the Outstanding Balance for the Price on or before the Default Date, the Practitioner may, without prejudice to any other remedy it may have, forward the Client’s outstanding account to a debt collection agency for further action. The Client acknowledges and agrees that:
8.4.1. After the Default Date, the Outstanding Balance shall include, but not be limited to, all applicable fees and charges under this Agreement;
8.4.2. The Practitioner may, in its discretion, calculate compound interest calculated monthly for all monies due by the Client to the Practitioner.
8.4.3. In the event of the Client being in default of his obligation to pay and the overdue account is then referred to a debt collection agency, and/or law firm for collection the Client shall be liable for the recovery costs incurred and if the agency charges commission on a contingency basis the Client shall be liable to pay as a liquidated debt, the commission payable by the Practitioner to the agency, fixed at the rate charged by the agency from time to time as if the agency has achieved one hundred per cent recovery and the following formula shall apply:
Commission = Original Debt x 100
100 – Commission % charged by the agency (including GST)
8.4.4. In the event where the Practitioner or the Practitioner’s agency refers the overdue account to a lawyer the Client shall also pay as a liquidated debt the charges reasonably made or claimed by the lawyer on the indemnity basis.
9. RISK AND LIABILITY
9.1. The Client will ensure when placing Orders that there is sufficient information to enable the Practitioner to execute the Order.
9.2. The Client is responsible for ensuring that the Practitioner is made aware of any special requirements pertaining to the Order and that the Practitioner relies upon the integrity of the information supplied to it.
9.3. Accounts prepared by the Practitioner are based solely on the information provided by the Client to the Practitioner. The Client will indemnify the Practitioner for all claims made on the Practitioner by any third party where the claim relates to accounts and/or financial statements prepared.
9.4. The Practitioner takes no responsibility for representations made in relation to the Services or any delay in the provision of the Services made by a third party or third party provider.
9.5. The Client acknowledges that the Practitioner shall not be liable for and releases the Practitioner from any loss incurred as a result of delay, or failure to provide the Services or to observe any of these conditions due to an event of force majeure or due to any cause or circumstance beyond the Practitioner’s reasonable control.
9.6. The Client acknowledges that the Practitioner shall not be liable for fines, penalties and/or damages arising from non-disclosure by the Client of any relevant information and/or for failure of the Client to respond to requests in a timely manner.
9.7. The Practitioner does not represent that it will provide any Services unless it is included in the Quote.
9.8. The Client will indemnify the Practitioner for all claims made against the Practitioner arising from false and misleading information provided by the Client to the Practitioner.
9.9. The Practitioner shall not be liable for damages or losses incurred as a result of indirect, special or consequential loss or damage.
10. WARRANTY
10.1. The Practitioner warrants that the rights and remedies to the Client in this Agreement for warranty against defects are in addition to other rights and remedies of the Client under any applicable Law in relation to the goods and services to which the warranty relates.
10.2. The Practitioner does not purport to restrict, modify or exclude any liability that cannot be excluded under the Competition and Consumer Act 2010 or the Fair Trading Acts in each of the States and Territories of Australia. Warranty for Services
10.3. The Practitioner warrants that if any defect in any accounting work provided by the Practitioner becomes apparent and is reported to the Practitioner preferably within 30 days of the provision of the Services then the Practitioner will (at the Practitioner’s sole discretion) remedy the accounting work.
10.4. In respect of all claims the Practitioner shall not be liable to compensate the Client for any delay in remedying the defective Services or in properly assessing the Client’s claim. The Practitioner will use its best endeavours to assist the Client with its claim.
10.5. The warranty is not applicable to Services where the defect is the result of inaccurate, incorrect, insufficient, and/or false information provided by the Client.
Claims made under Warranty
10.6. Subject to clause 11.1 and 11.2 of this Agreement claims for warranty should be made in one of the following ways:
10.6.1. The Client must send the claim in writing to the Practitioner’s business address stated in clause 2.1 of this Agreement;
10.6.2. The Client must email the claim to the Practitioner on info@theafirm.com.au
10.6.3. The Client must contact the Practitioner on the Practitioner’s business number (07) 5596 4604.
10.7. All claims against the Practitioner are limited to the Price only and the Practitioner shall not be liable for any loss and/or damage as defined in clause 2.7. The Practitioner shall not be liable to compensate the Client for any reasonable delay in the delivery of the Services.
11. TERMINATION AND CANCELLATION
Cancellation by Practitioner
11.1. The Practitioner may cancel any Order to which these Terms and Conditions apply at any time before payment is made by the Client by giving written notice to the Client. On giving such notice the Practitioner shall repay to the Client any sums paid in respect of the Price. The Practitioner shall not be liable for any loss or damage or consequential loss or damage whatever arising from such cancellation.
11.2. Without prejudice to the Practitioner’s other remedies at law, the Practitioner shall be entitled to cancel all or any part of any Order of the Client which remains unfulfilled and all amounts owing to the Practitioner shall, whether or not due for payment, become immediately payable in the event that:
11.2.1. Any money payable to the Practitioner becomes overdue; or
11.2.2. The Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
11.2.3. A receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.
Cancellation by Client
11.3. Any Order cannot be cancelled by the Client unless expressly agreed to by the Practitioner in writing.
11.4. In the event that the Client cancels provision of Services the Client shall be liable for any loss incurred by the Practitioner (including, but not limited to, any loss of profits) up to the time of cancellation.
11.5. If the Client places an Order with the Practitioner and the Practitioner places an Order with a third party provider to meet the Client’s request, the Client shall be liable for the Price of the Services ordered if the Client cancels the Order and the Services have already been provided.
11.6. The Practitioner acknowledges that in the event the Practitioner contravenes any of the terms of this Agreement, then clause 12.3, 12.4and 12.5 will not apply.
12. SET-OFF
12.1. The Client shall have no right of set-off in any suit, claim or proceeding brought by the Practitioner against the Client for default in payment.
12.2. The Client acknowledges that the Practitioner can produce this clause in bar of any proceeding for set-off.
13. INSURANCE
13.1. There shall be no obligation on the Practitioner to effect any insurance cover pursuant to this agreement.
14. AGREED USE
14.1. The Client hereby agrees and acknowledges that he may forfeit any rights he may have against the Practitioner if the accounting figures or other reports prepared by the Practitioner are applied or used for other entities which the accounting figures are not intended or prepared for in accordance with any applicable instructions.
15. JURISDICTION
15.1. This Agreement is deemed to be made in the State of Queensland and all disputes hereunder shall be determined by the appropriate courts of Queensland.
16. PRIVACY ACT 1988
16.1. The Client and/or the Guarantor/s agree for the Practitioner to obtain from a credit reporting agency a credit report containing personal credit information about the Client and Guarantor/s in relation to credit provided by the Practitioner.
16.2. The Client and/or the Guarantor/s agree that the Practitioner may exchange information about the Client and the Guarantor/s with those credit providers either named as trade referees by the Client or named in a consumer credit report issued by a credit reporting agency to assess an application by Client; to notify other credit providers of a default by the Client, to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers or to assess the credit worthiness of Client and/or Guarantor/s.
16.3. The Client consents to the Practitioner being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
17. ENTIRE AGREEMENT
17.1. The Terms and Conditions set out in this Agreement constitute the whole Agreement made between the Client and the Practitioner.
17.2. This Agreement can only be amended in writing signed by each of the parties.
17.3. All prior discussions and negotiations are merged within this document and the Practitioner expressly waives all prior representations made by him or on his behalf that are in conflict with any clauses in this document in any way.
17.4. Nothing in these Terms and Conditions is intended to have the effect of contravening any applicable provisions of the Competition and Consumer Act 2010 or the Fair Trading Acts in each of the States and Territories of Australia.
DEED OF GUARANTEE AND INDEMNITY
We each of the undersigned, for ourselves, our respective executors and administrators jointly and severally agree that if at any time the Client shall default in any part of its performance of this Agreement, we will on demand by the Practitioner pay, to the Practitioner the whole of the monies owed by the Client to the Practitioner and we will keep the Practitioner indemnified against all losses, costs, charges and expenses whatsoever which the Practitioner may incur by any default on the part of the Client. This is a continuing guarantee and indemnity and shall not be released by any neglect or forbearance on the part of the Practitioner enforcing payment of any of the monies owed.
By commencing work with The A Firm Financial Solutions Group Pty Ltd, A Firm Legal Pty Ltd and / or A Firm Brokerage House Pty Ltd you are acknowledging that you have read and understand our full Terms and Conditions. We advise you to consult your respective solicitors as to your liability with respect to this Guarantee and you agree to abide by the Terms set out in the Terms & Conditions. If you have any questions please contact us IMMEDIATELY.
Phone: (07) 5596 4604
Email: info@theafirm.com