Welcome, please find our client terms and conditions

GARTLY & ASSOCIATES PTY LTD (Adviser)

 Our Standard Terms of Engagement of Services with you!

(Effective from 1st February 2018)

Welcome to our business. Here are our standard terms of your engagement with Gartly & Associates Pty Ltd for any services we may undertake with you.

Set out below are our terms and conditions (Terms and Conditions) on which, in conjunction with our engagement letter, we will provide services to you as an entire agreement.

These terms replace and supersede any other previous agreements or communication we may have with you. 

  1. TERM

 You will be taken to have accepted the terms of our engagement letter, and these Terms and Conditions, on the earlier of the date:

  • that you sign and return the ‘Acknowledgement Advice’ to us, which accompanied our engagement letter;
  • you otherwise advise us in writing, or
  • you provide us with instructions after the date of the engagement letter.

 
 These Terms and Conditions terminate when either—

  • we have completed providing services to you, or
  • the provision of services is terminated either by you or by us, and you have paid us fees rendered in respect of services provided in respect of the engagement and any other outstanding amounts. 

 

  1. OUR SERVICES

 We will provide services to you in accordance with these Terms and Conditions and with the degree of skill, care and diligence expected of a professional firm delivering similar kinds of services. If we have provided you an estimate of time it is given on the assumption that we receive your cooperation and if a delay is caused beyond our control and penalties are incurred we will not be held responsible.
 

  1. TAXATION SERVICES

Gartly & Associates Pty Ltd is registered as a tax agent (registration number 77100001) under the Tax Agents Services Act 2009 (Cth) and is authorised to provide taxation services.

Where our engagement involves us providing taxation services, the responsibility for the accuracy and the completeness of the particulars and information furnished by you in respect of taxation services rests with you.

It is your obligation, under Australia’s self-assessment regime, to keep full and proper records in order to facilitate the preparation of accurate returns to the Australian Taxation Office.

Where we provide taxation advice, that advice represents our opinion which has been formed based on our knowledge of your particular circumstances.

We will not provide taxation services to you if we discover, or form an opinion that, the information on which the taxation service is to be based contains false or misleading information or omits material information that you are not prepared to appropriately amend.

GST and Activity Statements

Part of our preparation of your GST and BAS lodgment will be to review your transactions. While care is taken to ensure the correct treatment, our engagement cannot be relied upon if the full details of the transaction are not provided or the transaction is small and insignificant to the overall liability.

Ongoing Management Reporting

You may from time to time engage us to provide reporting on YTD profitability.

We will rely on data and information provided by you from your systems. We will not conduct an audit of your financial data and not be responsible for incorrect information on which we base our reports upon.

 

  1. FINANCIAL SERVICES in relation to SMSF advice

Geoff Gartly is Limited Authorised Representative 1248227 of Merit Wealth Pty Ltd, Australian Financial Services Licence 409361, ABN 89 125 557 002. Any specific service carried out under this license we will be required to issue you a separate engagement and a Financial Services Guide.

 

  1. OUR FEE to you for services and our TERMS

Our Professional fee is rendered as and when substantial work is performed and often on an interim basis as opposed to at the completion of particular tasks. 

If you are on a fixed agreement with us, we will still issue you an invoice for this period.

We require payment within 14 days of issue of our invoice.

Our bank details are noted on our Invoices.

A Credit, card processing fee, applies to credit card payments. The processing fee is currently 1.25% (Visa & Mastercard), inclusive of GST.

Unless we expressly agree otherwise in writing, we expect payment from you notwithstanding the fact that our fees may be recoverable from insurance, settlement or other sources.

 

  1. DISBURSEMENTS

Disbursements represent out-of-pocket payments made by us on your behalf and, unless you are requested to pay such items directly, may include such items as courier, postage, filing fees and other applicable costs.

Occasionally, we may contract with outside parties for services in connection with our professional engagement on your behalf (subject to prior written approval by you). 
 

  1. CONFIDENTIALITY

Except as set out in these Terms and Conditions, we agree to protect and keep confidential any confidential information that is given by you to us.

We will only use your confidential information to provide our services to you. Where required, we may disclose your confidential information to legal advisers, insurers, entities to whom we are legally compelled to make disclosures and any other parties properly authorised by you. You may make similar disclosures of confidential information received from us in the course of the engagement. Confidential information relating to any financial services provided under or in connection this engagement (including any advice) may be disclosed to us as ADVISERS.

Unless required by law, we will not disclose to any Government Authorities any opinions or written advice of third parties without the express consent of that third party and will notify you of such disclosure provided the law does not prohibit us from doing so.

Occasionally, we use personal information to send you marketing and other communications. On request, we will not send you marketing information.

The conduct of this engagement, in accordance with the relevant standards and ethical requirements of the Chartered Accountants Australia and New Zealand, means that information acquired by us in the course of the engagement is subject to strict confidentiality requirements.

Our files may, however, be subject to review as part of the quality control review program of the Chartered Accountants Australia and New Zealand which monitors compliance with professional standards by its members.  By engaging us, you acknowledge that, if requested, our files relating to this engagement will be made available under this program.  Should this occur, we will advise you and seek authorisation from you.
 

  1. OUR WORKING PAPERS

All working papers prepared by us in connection with this engagement remain our property.

You have the right to use or reproduce any report prepared for you by us provided this concurs with the purpose for which the report was written.

We reserve the right to exercise a lien on all funds, records, documents and files held by the firm in relation to any outstanding payments due from you for any services rendered by the firm or otherwise related.

 

  1. PRIVACY ACT

During the course of our engagement, we may have access to and collect personal and sensitive information concerning you and your related entities. Our collection, use, retention, storage and disclosure or other dealings with such information is subject to the provisions of the Privacy Act 1988. 

 

  1. EMAIL

You agree that we may communicate with you using electronic media. You acknowledge that electronic media is inherently insecure, may be intercepted, may not be delivered and may contain viruses. You agree that we are not responsible for any loss suffered in connection with the use of such electronic means.

 

  1. MUTUAL RESPONSIBILITIES

We will provide our services that, in our professional judgement, are appropriate for this engagement and in accordance with applicable legal and ethical standards.  You agree that either yourself or proper representatives will be reasonably available to confer with us upon request, will provide us with such documents and information as you may process or compile relating to the performance of the engagement, will disclose all facts and circumstances of which you are aware that may bear upon the engagement, will promptly pay our professional fees in accordance with the terms of this correspondence, and will otherwise assist in our efforts as we reasonably request.

Where we are provided with information either by you or compiled by others, unless you have specifically engaged us to verify that information, we will assume and rely on its accuracy and completeness subject to reasonable care.

You agree that we are not liable for any loss or damage you or any other person sustains, directly or indirectly, in connection with our reliance on that information.

 

  1. CONFLICTS OF INTEREST

As a professional firm, we seek to identify potential conflicts of interest among our present and potential clients.  We will not provide our professional services to any party with an interest that may be adverse to that of an existing client unless the conflict can be adequately managed or mitigated, or both parties have consented to the proposed engagement of our firm under the applicable circumstances.

 

  1. FILE RETENTION AND STORAGE

It is our general policy to retain clients’ files for a period of 6 (6) years (internal and external storage).  After this time, we may destroy those files unless you otherwise advise us in writing.

We will only engage a third party data storage provider if they meet or exceed industry data storage standards and have security standards no less protective than the security standards at our premises. We will not disclose your personal information to overseas recipients.

 

  1. TERMINATION OF PROFESSIONAL SERVICES

You may choose to terminate our engagement by giving us written notice at any time.  If you do so, you shall be obliged to pay our fees for work done and for other charges incurred up to the time of the termination.  Subject to fulfilling our professional responsibilities, we may terminate our engagement at any time by giving you reasonable notice or if our fees are not paid when due.

 

  1. LIMITATION OF LIABILITY

Under the Professional Standards Act 1994 (NSW) and the Scheme approved under that Act, our liability, including that of the firm, its partners, associates and employees or contractors, is limited to a maximum sum of—

  1. $1,000,000, where the professional fee for the engagement is up to $100,000,

or

  1. ten times the fee (subject to a $20 million ceiling) for professional charges in excess of $100,000.

 Please refer to the following websites for details as to how the scheme works:

  • The Professional Standards Council

http://www.psc.gov.au/

  • Chartered Accountants Australia and New Zealand

www.charteredaccountants.com.au

 You agree that you have fully considered the limitation of our liability created by this clause.  You acknowledge that we have advised you herein that you may wish to obtain legal advice on all questions arising from the terms of our engagement letter and, in particular, the limitation of liability provisions, because they may impact on your legal rights.

 

  1. THIRD PARTIES

Unless we consent in writing:

  • Nothing produced by us is to be used or disclosed for any purpose other than its intended purpose. It should not be referred to in any document other than as agreed, not provided to any person other than your professional advisors and representatives;
  • Nothing produced by us may be relied on by anyone other than you; and
  • You may not name us or refer to us or our work in any written work (other than to your Professional Advisors) except as may be required by law;
  • You may provide a copy of work produced to your professional advisors supplied that each advisor is aware of the limits placed on our work and that they treat our work as confidential and do not use or disclose any of the work produced in a way that it is not consistent with its purpose.

You may provide copies of our work to anyone else with our written permission. We may require such third parties to sign an agreement as to their use of our work.

We are not responsible to anyone (other than you) who obtains access to our anything produced by us without our prior written permission.

 

  1. SEVERABILITY

We agree that each of the promises and undertakings was given in this letter of engagement is independent of one another and severable.

 

  1. TERMS OF BUSINESS

In no event shall Gartly & Associates Pty Ltd, its directors, staff, agents and associates be liable for any losses, damages, costs or expenses arising out of error due to the provision to us of false, misleading or incomplete information or documentation or due to any acts or omissions of any other persons.

As further consideration for our agreement to provide these services, you agree to indemnify and hold harmless the ADVISER Persons against and from all actions, claims, proceedings, losses, damages, costs and expenses, of any nature and howsoever arising, (“Loss”) which the clients may suffer or incur, directly or indirectly, in connection with the provision of services, except where, and only to the extent thereof, the Loss is found, after all, processes have been exhausted, terminated or abandoned, to have resulted from the negligence or wilful misconduct of personnel.

You agree that you have fully considered the provisions of this section and all the other provisions of this letter and that they are reasonable in light of all factors relating to the transaction and our proposed engagement.

 

  1. GOVERNING LAW & JURISDICTION

These terms and our engagement letter, together with the contract arising from it and all aspects of this engagement including the performance of work for you, are governed by the law of Victoria, and you agree to be bound by the laws of Victoria.

Both you and we irrevocably submit to the exclusive jurisdiction of the Courts of Victoria, notwithstanding that your activities, or any part of the work we do, or your acceptance of these terms of engagement may take place outside the State of Victoria.

 

  1. RELATIONSHIP TO CLIENT

We provide our services under the engagement as an independent contractor and accordingly nothing shall be construed to create a partnership, joint venture or other relationship unless acknowledged explicitly by us in writing. No party has the right, power or authority to oblige or bind the other in any manner.

 

  1. ASSIGNMENT

You may not transfer, assign or novate your rights or obligations under these Terms and Conditions without our prior written consent. We may assign this Agreement to any successor to our business without your prior written consent.

 

  1. UPDATING OF THESE TERMS

We may update and amend these Terms and Conditions from time to time without notice to you. The current Terms and Conditions are available on our website at https://www.ggassociates.com.au/terms.

Due to the logistical problems involved, we do not advise clients when changes occur in the Terms and Conditions arise and ask that you regularly refer to our website. Our continued engagement following the updating of these Terms and Conditions will constitute acceptance of the updated Terms and Conditions.

 

 DEFINITIONS

Confidential information – Includes any document, information or other material which has been gathered as part of our engagement.

Chartered Accountants Australia and New Zealand – Chartered Accountants Australia and New Zealand, www.charteredaccountants.com.au

Professional service – Means services requiring accountancy or related skills performed by us and includes accounting, auditing, taxation, management consulting and financial management services.

Revenue Authorities – Includes various levels of government authorities or similar institutions which have legislative powers to impose and, or, collect taxes.

Taxation service – Means any service relating to ascertaining a Client’s or Employer’s tax liabilities or entitlements or satisfying their obligations under a Taxation Law, provided under circumstances where they can reasonably expect to rely on those services. This includes:

  • preparation of a return, notice, statement, application or another document for lodgement with a Revenue Authority and responding on behalf of a Client or Employer to requests for further information from a Revenue Authority;    
  • preparation of tax calculations to be used as the basis for the accounting entries in the financial statements; provision of tax planning and other tax advisory services;
  • assisting a Client or Employer in the resolution of tax disputes.

Terms and Conditions – Means the terms and conditions on which we will provide services to you, as contained on this page and as amended by us from time to time. 

Updated – February 2018

 

DISPUTE RESOLUTION

Our dispute mechanism is based on the following principals:

  • Being up front on the basis of our fees and services;
  • Communicating on what we are doing for you;
  • Transparency for invoicing and other matters;
  • Managing your complaint and reaching aresult that is mutual to both client and us.

We welcome you to contact us if you require clarification about our fees and service.

First, we request that you contact administration and they can undoubtedly clarify any item that you are unsure of how we charge or the progress of your return or financial statements.

For all other disputes, we request that you email us at:  admin@ggassociates.com.au

Please detail the nature and any possible actions you may like us to undertake in relation to your dispute.

Once we have received your email, we will acknowledge the dispute and agree to work towards a resolution in the next 14 days from the date your dispute correspondence was received.