Terms & Conditions

ENGAGEMENT SERVICES AGREEMENT – TERMS & CONDITIONS

1. DEFINITIONS

Agreement: means the agreement between the Company and the Client for the provision of the services included in, the Client’s acceptance, the terms pertaining to the engagement services agreement and any other supporting documents relating to the engagement of the Company.

Company: means Mitchell Partners Pty. Ltd. (ACN 078 986 544) which is supplying the services in accordance with this agreement.

Client: means an individual, firm, company, trustee, entity or organisation to whom or to which professional services are provided by the Company in respect of engagements of either a recurring or demand nature.

Engagement Services & Agreement Schedule: means the Company’s written schedule detailing the services to be provided to the Client and the fees payable by the Client to the Company for these services. For continuing engagements the Company will provide this schedule to the Client on an annual basis.


Proposal: means the Company’s services as per the written “Engagement Services Agreement” Schedule.

Project: means the specific project, venture of mission for which the Client has engaged the Company to provide the services described in the scope of the Engagement Services Agreement Schedule.

Services: means the services commissioned by the Client and limited exclusively to those offered in the Engagement Services Agreement Schedule.

Scope: means the description and the limits of the services to be provided by the Company as per the Engagement Services Agreement Schedule.

Schedule: means the time period and / or the scheduled delivery dates agreed for the supply of the services.

Fee: means the fee(s) to be paid by the Client to the Company for supply of the services included in the scope.

Variation: means the change to the scope and any consequential change to the fee.

2. PURPOSE, SCOPE & LIMITATIONS

2.1: This firm will provide professional accounting and taxation services, including superannuation and retirement planning, which will be conducted in accordance with the relevant professional and ethical standards issued by the Accounting Professional & Ethical Standards Board Limited (APESB). In addition, this engagement will be conducted in accordance with the relevant standards and ethical requirements of The Institute of Chartered Accountants in Australia. The extent of our procedures and services will be limited exclusively for this purpose only. As a result, no audit or review will be performed and, accordingly, no assurance will be expressed. Our engagement cannot be relied upon to disclose irregularities including fraud, other illegal acts and errors that may exist. However, we will inform the Client of any such matters that come to our attention.

2.2: This engagement includes the entire operations of the Client. Each member of the Client group engages the Company on the terms and conditions set out herein and is bound by those terms.

2.3: This Agreement is a continuing agreement. Unless otherwise agreed, the Company will continue to provide the services outlined in the Proposal and the Client will continue to be bound by the terms and conditions of this Agreement.

2.4: The scope will cover Income Tax, Goods & Services Tax (GST) and Fringe Benefits Tax. It will not cover any other taxes such as capital gains tax, stamp duty, land tax or payroll tax which will be handled separately if assistance is required by the Client.

2.5: The financial statements, tax returns and management reports will be prepared for distribution to directors and/or shareholders for the agreed purpose. There is no assumption of responsibility for any reliance on our report by any person or entity other than you the Client. The report shall not be inferred or used for any purpose other than for which it was specifically prepared. Accordingly, our report may include a disclaimer to this effect.

2.6: Prior to lodgement of returns on your behalf, we will forward documents to you for approval. We will endeavour to ensure your returns are lodged by their due dates and will advise of these due dates in advance and when your documentation should be provided to us. If you are late in providing your information, we will do our best to meet the time limits for lodgement however we will not be responsible for any late lodgement penalties or interest charges that may be incurred.

2.7: The scope represents the total services to be supplied by the Company and any responsibility and liability associated with supply of the services is limited to the tasks included in the scope.

2.8: Whilst the Company’s expertise and general range of services may extend in to areas outside the scope, the Client shall not rely on that expertise if it is not specified in the scope.

2.9: References in the Proposal to services or expertise outside the scope do not imply that these services are included.

2.10: The Company is not responsible for any action or consequences of any action by the Client or others that may relate to the Company’s expertise in areas outside the scope.

2.11: Liability is limited by a scheme approved under professional standards legislation.

3. RESPONSIBILITIES

3.1: In conducting this engagement, information acquired by the Company in the course of the engagement is subject to strict confidentiality requirements. That information will not be disclosed by the Company to other parties except as required or allowed for by law, or with the Clients express consent.

3.2: We wish to draw the Clients attention to our firm’s system of quality control which has been established and maintained in accordance with the relevant APESB standard. As a result, our files may be subject to review as part of the quality control review program of the Institute of Chartered Accountants which monitors compliance with professional standards by its members. We advise the Client that by accepting our engagement you acknowledge that, if requested, our files relating to this engagement will be made available under this program. Should this occur, we will advise the Client.

3.3: The Client is responsible for the reliability, accuracy and completeness of the accounting records, particulars and information provided and disclosure of all material and relevant information. Clients are required to arrange for reasonable access by the Company to relevant individuals and documents, and shall be responsible for both the completeness and accuracy of the information supplied to the Company. Any advice given to the Client is only an opinion based on our knowledge of the Client’s particular circumstances.

3.4: A taxpayer is responsible under self-assessment to keep full and proper records in order to facilitate the preparation of a correct return. Whilst the Commissioner of Taxation will accept claims made by a taxpayer in an income tax return and issue a notice of assessment, usually without adjustment, the return may be subject to later review. Under the taxation law such a review may take place within a period of up to four (4) years after tax becomes due and payable under the assessment. Furthermore, where there is fraud or evasion there is no time limit on amending the assessment. Accordingly, the Client should check the return before it is signed to ensure that the information in the return is accurate.


3.5: Where the application of a taxation law to the Clients particular circumstances is uncertain the Client also have the right to request a private ruling which will set out the Commissioner’s opinion about the way a taxation law applies, or would apply, to the Client in those circumstances. The Client must provide a description of all of the facts (with supporting documentation) that are relevant to the Client scheme or circumstances in the Clients private ruling application. If there is any material difference between the facts set out in the ruling and what the Client actually does, the private ruling is ineffective.

3.6: If the Client relies on a private ruling the Client has received, the Commissioner must administer the law in the way set out in the ruling, unless it is found to be incorrect and applying the law correctly would lead to a better outcome for the Client. Where the Client disagrees with the decision in the private ruling, or the Commissioner fails to issue such a ruling, the Client can lodge an objection against the ruling if it relates to income tax or fringe benefits tax. The Clients time limits in lodging an objection will depend on whether the Client is issued an assessment for the matter (or period) covered by the private ruling.