TERMS AND CONDITIONS AUDITORONLINE AND SMSF.PLACE

Updated 1 January 2017
Liability limited by a scheme approved under Professional Standards Legislation. AuditorOnline
Shingumi Resources Pty Ltd trading as Auditoronline
Auditoronline

TERMS OF ENGAGEMENT

These terms may not be varied without the express written consent of Auditoronline
The Service provider is Auditoronline
The Customer is the Client

Quality Control
The conduct of our services in accordance with Australian Accounting Standards means that information acquired by us in the course of our services is subject to strict confidentiality requirements. Information will not be disclosed by us to other parties except as required or allowed for by law or professional standards, or with your express consent. Our accounting services files may, however, be subject to review as part of the quality control review program of CPA Australia which monitors compliance with professional standards by its members. The supplier advise you that by signing this letter you acknowledge that, if requested, our accounting services files relating to this accounting services will be made available under this program. Should this occur, The supplier will advise you. The same strict confidentiality requirements apply under this program as apply to us as your auditor.

Fees
The supplier look forward to full co-operation with yourselves and The supplier trust that you will make available any records, documentation and other information required in connection with our audit. Our accounting services may also involve correspondence with the fund’s Actuary and Administrator if applicable, and the use of their work and expertise.
Our fees, which will be billed as work progresses, are based on the time required by the individuals assigned to the engagement plus direct out of pocket expenses.

Indemnity
In consideration for the acceptance of the accounting services engagement by the accounting services client and the members thereof jointly and severally indemnify the accountant, Shingumi Resources Pty Ltd t/as AuditorOnline (and its officers, employees, associates, next of kin, heirs and assigns) from all losses arising from the conduct of the accounting services of the Client.
The client waives and releases the accounting services from all liability and assumes all risk arising from the accounting services of the fund.
Such losses include but are not limited to tax liabilities, tax penalties, statutory penalties, capital losses, income losses, losses arising from misadventure, fraud and bad investment, losses arising from any representation made to the accounting services by the trustee and or his/her agents and representatives, losses arising from any breach of duty of the fund’s trustee, losses arising from any circumstance that was known to the trustee and or the beneficiary (ies) of the fund at the time the audit report was signed, losses arising from court orders which vest all or any part of the assets and or income of the fund in any party whether or not they are named as a beneficiary in the financial accounts of the fund, loss of enjoyment of the fund’s assets resulting from court injunction(s) over the assets and income of the fund, losses arising from any other court orders, losses arising from error or misstatement in the financial reports and tax return of the fund, costs and expenses arising from any proceedings that the accounting services is made a party to, costs and expenses arising from any proceedings where the accounting services is called as a witness.

Agreement
Binding Effect; Duration and Scope of Agreement. This Agreement is binding upon the parties and their respective successors and assigns (including any direct or indirect successor) their spouses, heirs and personal and legal representatives. This Agreement shall be deemed to be effective as of the date of execution.
Severability. If any provision (or provisions) of this Agreement (or any portion thereof) shall be held to be invalid, illegal or unenforceable for any reason whatsoever:
the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby; and
to the fullest extent legally possible, the provisions of this Agreement shall be construed so as to give effect to the intent of any provision held invalid, illegal or unenforceable.
Governing Law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Victoria,
Consent to Jurisdiction. The Client and Supplier each irrevocably consent to the jurisdiction of the courts of the State of Victoria for all purposes in connection with any action or proceeding that arises out of or relates to this Agreement and agree that any action instituted under this Agreement shall be brought only in the state courts of the State of Victoria.
This letter will be effective for the current financial year and future years unless either party advises a termination of the arrangement in writing.
Please note The supplier are not engaged to provide any financial advice and none will be provided other than advice that is within the company's scope of license.
Unless specifically provided for in the engagement contract the engagement does not include advice to the trustee about whether :
The members should operate a SMSF.
should chose to make or dispose of any particular investment;
should rollover super funds from one product to another SMSF or other fund,
should contribute to a fund;
administration of the fund;
members have sufficient time and skill to administer a SMSF;
members have adequate insurance cover;
there are and government protections against fraud, theft or disputes in the fund;
there is recourse to the superannuation complaints tribunal to resolve any dispute
the advantages and disadvantages of the SMSF.

Termination of this agreement
You may terminate this agreement by notifying us in writign at any time.
If you do this you must pay our costs in fulfilling any statutory duty as yet unperformed.
The supplier may hold back in the performance of a duty where the client has not paid for the costs of performing that duty.
The supplier agrees the minimum service necessary to compile data in the manner requested by the client. The terms of engagement specifically exclude all general advice, strategic advice, structural advice and advice about tax or business planning and the likely impact of alternative strategies unless such advice was expressly engaged in writing.

Privacy
Auditoronline will take the utmost care of your personal information
The supplier may need to store your information in the cloud which may be located in a foreign jurisdiction
The supplier may need to transmit your information by email which may cross foreign jurisdictions.
It may be expedient for Auditoronline to engage contractors on foreign jurisdictions in the performance of our duties. This may necessitate the provision of your private information to a foreign entity.
The supplier will not sell or forward your information to any unrelated third party except as may be necessary in the event that the practice sells a parcel of fees or the practice as a whole.
The supplier may be required by duty and or law to forward your information to various authorities including the Australian tax Office.
The supplier may need to pass your information to auditors, actuaries solicitors or other professionals in the course of our engagement.
The supplier may need to store your information on computer.
37) The supplier will take reasonable precautions to protect your information including appropriate controls over the computer system and physical destruction of documentation.
38) The client expressly consents to Auditoronline releasing any information in relation to unpaid services and the account history thereto to any credit reporting agency and or debt collection agency.
38a)  If you have a complaint about privacy you may refer to our complaints handling policy.

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Clients agree to:

Provide truthful and accurate information
Respond to requests for information in a timely manner
Inform Auditoronline of any changes in facts or circumstances that might be affecting the engagement.
Check any reports or accuracy and completeness
Provide office space and resources necessary o the completion of the engagement
Pay for any time incurred tin the preparation o engagement documentation delays to the engagement caused by the client.
Provide all books and records at least 30 days prior to report due date. The supplier is not responsible for preparing reports where any pertinent document has not been provided by the client.

Auditoronline cannot be held liable for the client's non compliance with any data security and privacy legislation.
I Auditoronline is required to carry out any services pursuant to statutory duties or professional standards the client is liable to pay the costs o those services.
Auditoronline working papers remain the property of Auditoronline. Working papers are not provided to clients.

Auditoronline resaves the rights to all intellectual property and procedures.
Reproduction of reports, documents, computer programs and worksheets by the client is expressly prohibited.
The client is required to pay all debts within 7 days o invoice date.
Payment of account
In the event that a client defaults on payment o a debt the client is liable or statutory interest from the date that the account became due.
A defaulting client is liable to pay all legal and collection costs.
The supplier may record telecommunications.
The service provider must be notified in writing of disputes within 60 days of the dispatch of documents.
Notices of dispute does not exempt the client from tier obligation to settle their account.
Where a client has been requested to make an advance payment work will not commence until that payment is received.
The client cannot terminate the contract on the basis of late performance unless the work has not been performed for an unreasonable period.
The client and the provider may terminate the agreement at any time by mutual agreement.
If our account is in arrears or requested funds have not been forwarded The supplier may stop work until paid.
The supplier retain the right to keep your documents until the supplier is paid.
Severability. If any clause or term of this agreement is varied by the mutual consent of the supplier and client, or by any order of a court, then the remaining terms of the agreement are valid.
Complaints Procedure
If you wish to lodge a complaint about any financial services provided
you may:
1 Speak to your advisor about your concerns.

2 If the complaint is not resolved within 30 days please write to:
Compliance and Professional Standards Manager
Auditoronline
PO Box 595
Laverton Vic 3028

The Compliance and Professional Standards Manager will make every endeavour to resolve the matter.

3. If you are not satisfied with our treatment of your complaint after 30 days you may refer the matter to the Auditoronline Practice Manager.

The Auditoronline Practice Manager will make every endeavour to resolve the matter.

4. If after 30 days from notifying the Practice Manager you are still are not satisfied with the outcome of the complaint process, you can elect to refer the matter, to an external dispute resolution service.

You may write to the Compliance and Professional Standards Manager to obtain the contact details of the appropriate external dispute resolution body.

AUDITORONLINE

 

Schedule of charges
All prices quoted ex GST
Time Charges

Admin/Secretary 80
Junior Accountants 120
Intermediate 1 150
Intermediate 2 190
Senior 1 220
Senior 2 300
Manager 450
Partner 550
Senior Partner 750

Time is charged in units increments with each unit being one tenth of an hour. The minim time charge is 2 units.

Outgoings Minimum Charges
Photocopying first page 11
Photocopying per page 2.2
Letter D5 5
Letter A4 20
Facsimile and email (Send or receive )l First page 11
Facsimile and email (Send or receive ) subsequent pages 2.2
Perusing documents per folio(1) 16
Recovery of file from archive 35



(1) A folio is 100 words.
Disbursement, travel and out of pocket expenses charged in addition to above.


Auditoronline may at it s discretion discontinue work indefinitely if the client
1. does not respond to any request for information within 30 days of written notice,
2. fails to remit an account on by its due date
3. or otherwise neglects to perform a duty under this engagement contract within 30 days of written notice. The client will be liable for all outstanding fees and outgoings.