OUR TERMS AND CONDITIONS

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Primary Points

- Polished Business provides assistance based on information provided.

- It is the client's responsibility to review their records and ensure accuracy. Should works be done in error, we are happy to rectify on our own time, if the issue is a result of negligence on our side. If the error was a result of lack of information or misinformation or someone outside the Polished Teams actions, we are still happy to rectify the issues but the works will be billable.

- Should you request BAS works, we will have access to your historical BAS records. Your records are confidential and we would only review previous BAS records should be related to current works or you have asked us to.

- Requesting BAS or Bookkeeping works includes authorizing our accessing your accounting software and or documentation you, your accountant or related parties may provide.

- See the Engagement Letter for full specifications and scope of work.

- Overdue payments may result in pause of services and/or withholding of works.

General Terms

Purpose, Scope and Output of the Engagement

Polished Business will provide professional services at your request. We will provide the Services to you in accordance with the relevant professional and ethical standards. The details of the services provided in this agreement are detailed herein (Primary Scope of Services). Unless otherwise stated herein, the Services covered by this engagement do not include audit or review services, therefore, no assurance will be provided. Unless agreed with you, the Services will not include specific identification of fraud or other illegal acts. If we do identify such acts or omissions, we will inform you. Before doing so, we will notify you as soon as practicable that we have identified any instances of fraud or illegal acts / omissions.

Unanticipated Services

Only the services which are listed in the attached schedules are included within the scope of our instructions. If there is additional work that you wish us to carry out which is not listed in the schedule, any additional work will be quoted to you before the commencement of said additional work. Once the scope of the additional work is agreed upon, we will issue an additional or updated engagement letter via our online proposal system, and will ask you to sign the new agreement before we commence the new work.

Furthermore, the Client will agree that if an unanticipated need arises (non bookkeeping/BAS Agent works) this additional work will be performed only after arriving at a mutually agreed-upon price and a Addition of Service Request is accepted with a digital signature.

Period of Engagement

This engagement starts on On Acceptance and is valid until it’s ended by mutual agreement or superseded by a newer engagement. We will not deal with earlier periods unless you specifically ask us to do so and we agree. You or we may agree to vary or terminate this agreement at any time without penalty. Notice of variation or termination must be given in writing by email.

 

Service and Price Guarantee

Polished Business will always stand behind the quality and professional nature of the services that we offer. If at any point you are not completely satisfied with the services we have performed, we encourage you to bring this to our attention immediately. We’d love the opportunity to correctly address your concerns and allow us a chance to win your trust back and prevent similar problems from happening in the future.

If you are still not satisfied with the outcome of our services, we will work towards a mutual agreement regarding the payment for services completed. As an example, we may agree to either forgive the related payment or accept a portion of the originally agreed price that reflects your level of satisfaction.

Our advice and information is for your sole use, and we accept no responsibility to any third party, unless we have expressly agreed in the engagement letter that a specified third party may rely on our work.

Income Tax Limitation

As a BAS Agent, our services are as described herewith. It is your responsibility to employ a Registered Accountant to finalise your Company Financials for the End of Financial Year requirements.

 

Client Responsibilities and Warranties

Providing Access and Maintaining Source Material

In conducting this engagement, information acquired by us in the course of the engagement is subject to strict confidentiality requirements. That information will not be disclosed by us to other parties except as required to provide the Services; as allowed for by law; or with your express written consent.

The Client will provide access to the relevant business records needed which may include but is not limited to: accounting software (inviting one or + of our team as unique users), bank statements/exports (in Excel, CSV or PDF format, based on discussion), statement/screenshot of bank/credit card statement balances on specific dates for site confirmation, & other records as needed. The Client will also provide our access to individuals associated with their entity, when needed to complete tasks.

It is the Client's responsibility as the business owners for the maintenance and accuracy of business records and availability of records either for our processing or for verification and provision to authorities if required.

  • We may request source documents for some items and process other transactions based on the information provided by you, which does not necessarily include all source documents.

  • It is a requirement that you must hold copies of all relevant documentation in compliance with the ATO standards. Recommended: keep all records for 7 years (at time of writing).

  • It is a requirement by the ATO that ABNs of suppliers be checked at least once a year for validity - responsibility of the Client.

  • All relevant documentation and information required to allow us to prepare and produce financial reporting to comply with legislative requirements must be received 14 days prior to due lodgement dates. We will not be liable for any penalties if documentation and information has not been provided.

  • A separate signed authority must be provided to us if we are engaged in making payments on your behalf or lodgement of documentation with the ATO

Reliability, accuracy and completeness of the accounting records

All particulars and information provided and disclosure of all material and relevant information is the responsibility of the Client. Materials and relevant information must be provided in a timely manner so that we may provide our Services to you in a timely manner. Clients are required to arrange for reasonable access by us to relevant individuals and documents, and shall be responsible for both the completeness and accuracy of the information supplied. Any advice given to the Client is only an opinion which is based on our knowledge of the Client’s particular circumstances and is informed by the information, materials account records and particulars provided to us by the Client.

The Client agrees that we are entitled to rely on the accuracy and completeness of any information you provide us under this agreement and in order to provide our services to you. Polished Business accepts no liability or responsibility for any loss, damage, claim or expense that you may suffer as a result of you providing us with inaccurate, incomplete, incorrect out of date or untimely accounting records, particulars or information, and you waive and release us from any and all such liability.

The Client warrants that they have not relied on any representations or warranties made by Polished Business in respect of the Services which have not been expressly set out in this agreement.

Client to Review Provided Reports, Data and Documentation In Full

The responsibility for reviewing final BAS/IAS/other ATO reports and payroll reports rests with you. We will ensure you have such documents (timeframe before due date depending on availability of data) prior to lodgement is required.

You will not be charged if we need to correct errors which are clearly our fault, but other revisions performed at your request will be billable unless explicitly otherwise declared in writing by ourselves.

We encourage you to review your records at least monthly, and ask us any questions you may have.

As a Bookkeeper, if we are advised in writing by yourself that you have copies of receipts/invoices & GST is applicable, we will trust that you have the correct records. While we may perform local backups of works for our own records, you should ensure all your business electronic data is backed up securely. We recommend your acquiring an external hard drive to backup data and can assist in this setup if you wish.

Ownership of Documents

All original documents obtained from the client arising from the engagement shall remain the property of the client. However, we reserve the right to make a reasonable number of copies of the original documents for our records.

Communication

You must keep us informed of your current business details including address, phone and email address. We are engaged and authorised to work with your business by the people named above and any changes to your personnel and their respective authorisations that change the performance of our work for you must be advised to us.

You authorise us to contact and/or accept contact from your tax agent via email and phone as required.

o Tax Agent name:

o Tax Agent phone/email:

Payroll and Employment Awards

It is agreed that the Client will determine and be responsible for ensuring employees are paid the minimum Award rates per employee and advise Polished Business of any increase or adjustments to employee wages at least two business days prior to the next pay run to ensure details are up to date. Polished Business may provide suggestions and general advice regarding awards and rates, based on information the Client provides and commits to being accurate and truthful.

 

Limitation of Liability

Our liability is limited by a scheme approved under Professional Standards Legislation. Further information on the scheme is available from the Professional Standards Councils’ website: https://www.psc.gov.au/. You agree to indemnify us for any loss that may result from third party claims arising from the provisions of the services. If there is a claim against us for loss, the loss will be proportionately reduced by the extent of your contribution to the loss.

Polished Business has current Professional Indemnity Insurance with Made Easy Financial Group - Chubb Insurance Australia Ltd - Policy 93302189 as well as Workers Compensation coverage for employees and subcontractors we employee.

 

Confidentiality Clause

Any information & all matters connected with & relating to your business and its performance are confidential and we shall not disclose them to any other person/entity unless authorised to do so in writing (email is appropriate). This includes the ATO and your accountant.

Any information and all matters connected with and relating to our business and its performance are confidential and by signing this agreement you acknowledge you will not disclose them to any other person/entity unless authorised to do so in writing from ourselves.

 

Destruction of Documents and Files

Upon your request either during our engagement or following its termination, we will hand over any data in relation to your entities once our accounts are paid. Should any of your property remain in our possession following our request to relinquish it, we will hold the property for three months before destroying it in accordance with the Australian Consumer Law and Fair Trading Act 2012.

 

Privacy Act

We may collect Personal Information about your representatives, your clients and others when we provide services to you. If we do, you agree to work with us to ensure that we both meet the obligations that we each may have under the Privacy Act 1988 (Cth) (as amended) (Privacy Act). The obligations may include notifying the relevant person to whom the personal information relates who we are and how we propose to use their personal information. Where you have collected personal information, you confirm that you have collected the personal information in accordance with the Privacy Act, that you are entitled to provide this personal information to us and that we may use and disclose the personal information for the purpose/s we provide our services to you. We will handle personal information in accordance with the Privacy Act.

 

Electronic Communications

You agree that we will communicate with each other by electronic means such as e-mail, SMS etc. We and you each recognise that e-mail and the internet are inherently insecure and that emails and data can become corrupted, are not always delivered promptly (or at all) and that other methods of communication may be appropriate. In addition, the internet is prone to viruses. We and you each recognise these hazards and so each of us will be responsible for protecting our own systems and interests and neither of you nor we will be responsible to the other on any basis for any loss or damage in any way arising from the use of electronic communication.

Onsite Working Standards

When working onsite we expect a reasonable working environment, including: a safety regulated chair, >1m space, reasonably low noise, comfortable temperature, non-invasive scents (due to allergies), completely non-smoking area, and that our general safety from dangerous settings, environment and individuals is maintained. When we use your devices, we are not liable for their fault

Polished Business Fulfilling Works

Billing

Services may be billed on a fixed rate or hourly billing rate, as indicated herein (Primary Scope of Services). Where we cannot provide a fixed rate quote, we will quote an hourly rate (ie project work where it is difficult to define the scope of the service required). In the case where you have been quoted an estimate based on an hourly rate, actual hours will be reflected on the final invoice. When additional but related works are requested to be conducted, it will be understood that additional works are in addition to the quoted estimates. Our fees will be based on billing rates, direct out-of-pocket expenses and GST - due when rendered. Fees for unrelated and additional services will be established separately. The Client agrees to pay Polished Business the Fees on time.

Invoicing and Payment

We will submit our bill(s) as indicated herein. If an extension of our services is requested, we will discuss our fee arrangements at that time. If you choose a service not outlined herewith, a separate engagement letter will be provided and billed separately.

We reserve the right to suspend our services, withdraw from this engagement, withhold appropriate products or information in the event that any of our invoices are deemed delinquent. In the event that any collection action is required to collect unpaid balances due to us, you agree to reimburse us for our costs of collection, including lawyers’ fees.

Refunds/Overpayment

Should you decide to cancel the requested works, a refund will be issued within 2 business days of receiving confirmation of refund amount and bank details, for works not completed. ie if prepaid deposit, but five hours of work have been conducted prior to advice of cancellation, then those hours will be drawn from the deposit and the remaining balance returned. We will issue an itemised invoice describing the charges withheld.

  • BSB and Bank Account details for required for all returns, including those paid by cash/bank transfer/cheque

  • If paid by card, we will refund the used credit card / debit card directly, less the incurred surcharge.

  • In the event of overpayment, we will advise you of such & place a credit on your account (or you may request a refund).

Outsourced Services

Third party contractors/providers may be used to provide various aspects of our services - details described on our website. Ex.: • Accounting file preparation and/ or Data entry into our accounting systems • Hosting of data on cloud based servers

• Suppliers and content creators

Acceptance of our services in conjunction with this engagement document indicates your acceptance of the use of outsourced services. We will not disclosure of personal information of current clientele to overseas recipients.

Polished Business has taken all available measures to ensure the security and privacy of your data is protected and follows the notifiable data breaches scheme as outlined in the Privacy Act 1988.

 

Standards

We aim to provide the highest standard of professional service and are focused on the concerns of your business clients. If for any reason you feel you have not received the level of service expected or have an issue to raise, please contact myself to discuss how the problem may be resolved. Kimberly Beadle 0403 204 826 kimberly@polishedbusiness.com

Polished Business, as specified under the TASA (and general morals!) will act honestly, with integrity and lawfully, always with the Client's best interest. Should the client request or suggest any activity or works of illegal nature, we will explain the issue to the client, and if the client refuses to correct the matter, we are required to report the entity to the applicable body or Ombudsman.

We endeavor to complete all works accurately and within an agreed time period. However, as any business is not infallible, at times this will be impossible to uphold. In the event of human error of mis-entering data, we will rectify said issues at no charge to you. In the event there is unavoidable delay to complete any works requested of us (for example, due to our staff illness or holidays, high volume - tax time) we will contact you to advise when you can expect completion or to reschedule usual works to accommodate upcoming scheduling conflicts. Similarly, should we regularly depend on data or information from yourselves but you are unable to deliver within the usual time period, there will be no cost to you for our rescheduling (not including cancellation of onsite works which will incur a fee as described above, if cancellation is received on the day of the appointment).

Furthermore, we are subject to the ethical requirements such as Code of Conduct and ethics, adherence to bookkeeping standards laid out by the Institute of Certified Bookkeepers (ICB), requirements to undertake continued professional education. Should there be an issue regarding the ethical or business practices of myself or my company, you may refer such matters to ICB or ASIC or the appropriate Ombudsman relative to the issue. https://www.tpb.gov.au/complaints

 

Termination of this engagement

Subject to any statutory provisions that apply to the Services, and unless otherwise outlined in this Terms document, either party may terminate this engagement at any time by giving 28 days written notice to the other. Either party may terminate this engagement immediately if the other commits any material or persistent breach of its obligations under this agreement, in particular the Terms and Conditions set out in the Engagement Letter (which, in the case of a breach capable of remedy, has not been remedied within 7 days of discovery by the party in breach), or if the other becomes insolvent.

In addition, we may terminate this engagement on reasonable notice if any of the following circumstances occur:

  • you fail to pay our accounts on time;

  • You fail to provide us with requested information or provide us with adequate instructions;

  • your instructions involve acting contrary to the interests of another client or the law;

  • a conflict of interest has arisen or it is not appropriate for us to continue to act on your behalf;

  • we are no longer be able to provide all or part of the Services to you because of applicable auditor independence rules or legislation without ceasing to be independent in relation to an audit client; or for any other reasonable and just cause.

In addition to our other rights, upon termination you will be required to pay our charges for work done, and for any expenses incurred up to the date of termination, together with our reasonable costs and expenses incurred in connection with the early termination.

Termination of this engagement is without prejudice to any rights that may have accrued before termination. The Terms & Conditions of this agreement which expressly/by implication are intended to survive its termination/expiry will survive & continue to bind the parties.

Force majeure

Neither party will be liable to the other for any delay or failure to fulfil their obligations under this agreement if that delay and/or failure arises from causes beyond their control, including but not limited to fire, floods, acts of God, acts or regulations of any government or supranational authority, war, riot, terrorist activities, strikes, lockouts and industrial disputes.

 

Confirmation of Terms

Please review and digitally sign this letter below to indicate that it is in accordance with your understanding of the arrangements. This letter will be effective for future years unless we advise you of any change.

Managing Accounting Software Subscriptions

- Prices are inclusive of GST

- Subscriptions commence the day of request for the future 30 days. If transferring a current subscription, the wholesaler will bill you a pro-rata amount covering the previous term up to the date of transference.

- Cancellations require 30 days' notice

 

- Subscribers are under no obligation to use Polished Business's other services (but we are here if you need us!).

 

- Transfer of subscription may take up to 3 business days.

 

- Xero and MYOB: The downgrading of plans can be done once within a 30-day period. Upgrading of plans can be done at any time, with 3 business days' notice (though may be completed in less time).

- The monthly subscription price will change in line with the wholesaler's change in prices. The Polished price is always at least 10% less than the current RRP.

- Polished Business has the right to cease management of your subscription at any time, in which case your subscription will be transferred to the wholesaler and you'll return to paying RRP. You have the right to move your subscription away from Polished at any time. Requesting a change to your subscription may take up to 3 business days to action (though more often much less). Any due monthly fees will be billed pro-rata.

- All subscription-related fees are charged to the bank details on file, as submitted on sign up. Should a transaction bounce, you may incur a $10 dishonor fee to re-attempt your bank details. After two failed attempts or 14 days of the original due date, your access to your accounting software may become limited. Failure to make payment within 30 days of the original due date will result in your subscription being canceled. Please note, that your subscription can always be reinstated, upon paying all overdue subscription fees, with no loss of data.

- Subscription transfers incur a one-time $19 subscription management fee. Polished can set up your software in full for you for an additional cost depending on your needs.

- As a reseller of software and insurance, Polished Business may receive a small monetary or non-monetary incentive or commission from managing your subscription, from the wholesaler. No matter our partnership arrangements, we will always suggest solutions we think suit your business best!

- Prices are incl. of GST. Cancel anytime & no obligation to use Polished Business's other services (but we are here if you need us!).