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  • The Client agrees that the Client will not, during the course of this engagement, and for a period of twenty-four (24) months following the date of termination of this engagement, whether for the Client’s own account or for the account of a third party, directly or indirectly, offer or cause to be offered to any of the Bookkeeper’s employees or independent contractors, a new position or engagement with the Client or any other person, be it an individual or a business entity. In the event that the Client does so, the Client agrees to pay the Bookkeeper as damages, in an amount equal to the Bookkeeper’s gross invoices rendered to the Client during the immediate past two years as liquidated damages, and not as a penalty. 

10. Non-solicitation of Our Staff and Independent Contractors 

  • The Bookkeeper operates as an independent contractor not an employee and, as such, we reserve the right to perform, direct and control the services we provide including hiring subcontractors or employees to provide the services on our behalf. 

9. Independence 

  • The financial statements and any other documents that the Bookkeeper is specifically engaged to prepare, together with any original documents given to the Bookkeeper by the Client shall be the property of the Client. Any other documents brought into existence by the Bookkeeper, including general working papers, draft documents and Checklists from the Pure Bookkeeping System will remain the property of the Bookkeeper at all times.  
  • All materials given by the Client to the Bookkeeper are owned by the Client or the Client has permission from the rightful owner to use such materials and the Client will indemnify and hold harmless, protect and defend the Bookkeeper, their agents and assigns, from any claim or action which may arise from the use of such materials.

8. Ownership of Documents and Permission to Use Same

  • The Client remains responsible for the timely submission of legal and governmental returns and the results of late submission or non-submissions, including but not limited to, any interest and/or penalty assessed against the Client. 

7. Timely Legal and Governmental Submissions

  • In the event that the Client is a party to any legal proceedings and the Bookkeeper is required, whether by the Client’s consent or under compulsion of law, to provide documentation and evidence in respect of such proceedings, the Client agrees that in addition to paying the Bookkeeper for the Bookkeeper’s professional time expended at the Bookkeeper’s normal hourly rates, the Client will wholly indemnify and hold the Bookkeeper harmless for any legal fees and disbursements the Bookkeeper may reasonably incur, in order to respond to such requests and provide such evidence. 

6. Limitation of Liability

b. Any advice provided and/or work done by the Bookkeeper. In no event will the Bookkeeper be liable for direct or incidental damages, whether or not the Bookkeeper has been advised of the possibility of such damages, and the Client acknowledges and agrees to the same hereto.

a. Misrepresentations or such errors resulting from incomplete or inaccurate information provided by the Client; and/or 
  • The Client agrees to release, indemnify and hold the Bookkeeper, (Bookkeeper’s partners, executors, heirs, successors and assigns) harmless from any and all losses, costs (including solicitor's fees and costs), damages, expenses, claims, demands or liabilities, penalty or interest assessed against the Client, by any government agency, arising out of or in consequence of: 

5. Indemnification 

  • The Bookkeeper is not engaged to undertake a statutory audit of the financial records of any of the Client’s business entities and the Bookkeeper will not express an auditor’s opinion as to the truth and fairness of the financial statements. In the event of an audit being conducted on the Client’s accounts the Bookkeeper’s normal hourly rate will apply should the Client require our assistance. 
  • The Bookkeeper assumes no responsibility for any consequences resulting from the provision of information and services including, but not limited to, errors or omissions. We make every effort to provide you with accurate and reliable information and services, however all information provided is intended solely to provide general guidance and you accept full responsibility for its use. The information provided does not constitute legal, accounting, tax, financial planning or consulting services and we recommend you receive advice from professionals.

4. Limitations of Financial Statements Provided 

  • It is an ATO requirement that Tax Invoices are kept - follow the link to get the latest time frame required by the ATO. In the case of a GST or tax audit, the ATO will request to see the Tax Invoices. If proof of purchase, in the form of a Tax Invoice, is not provided, the ATO may disallow the GST or tax claim. NOTE: If you are subjected to a GST audit, the ATO may request that you provide ALL Tax Invoices (even those under the $82.50 threshold).  
  • The Client will follow the systems that the Bookkeeper has set up to provide the source documents (including all Tax Invoices) required at the frequency agreed. 

3. Tax Invoices & Other Source Documents 

  • The Tax Agent Services Act 2009 prohibits a bookkeeper from providing BAS Services unless they are a BAS Agent or Tax Agent. Although the Bookkeeper is not a BAS Agent, we are legally able to facilitate BAS Services through Sharon Law at Sharbara Accounting | Registration Number:26116425]. 
  • Broadly, the Bookkeeper supplies Sharbara Accounting with the reconciliations and information they require in order for your BAS to be prepared. In each case, we will also supply them with an authority, signed by you, which authorises them to prepare and lodge that particular BAS on your behalf.

2. Facilitation of BAS Services 

  • The scope of work will be reviewed regularly. Changes to the scope, including additional services and/or deliverables, can be initiated by either party. Changes to the scope will only be enacted after written approval by the authorised representatives of both parties. Oral agreements shall be of no force and effect. Staff of either party are not authorised to agree to any changes to the scope of work or fees. 
  • Fees for rescue jobs (any work more than 3 months behind) are billed in 10-hour blocks and paid for in advance. Work will not commence until 10 hours have been paid as cleared funds. When the 10 hours have been used, work will cease until the next invoice issued has been paid. This procedure will continue until the Rescue Job is completed. 
  • Fees for training are due and payable at the beginning of each session. 
  • After the rescue has been completed any on-going bookkeeping or advisory will be invoiced monthly in advance and paid by direct debit on the 1st of each month. 
  • The Client is responsible for ensuring there are sufficient funds in the account to cover the direct debit. If the payment bounces, the Client will incur a service charge of $10. 
  • Additional costs incurred will be billed separately such as parking fees, stationery & courier charges and also paid by direct debit. 
  • If the Client fails to pay according to the Bookkeeper’s terms, the Bookkeeper reserves the right to suspend or cease work immediately without penalty, in addition to any and all other legal and equitable remedies available to the Bookkeeper. Work will commence when the Client’s account is paid in full at which time the Bookkeeper reserves the right to charge the Client in advance, in 10-hour blocks for any future work.  
  • The Bookkeeper reserves the right to charge 5% interest per month on all overdue accounts accruing daily until paid. If the Bookkeeper is required to engage the services of an external debt collector, the Client agrees to pay all fees and charges associated with the collection as well as the overdue account.

1. Invoicing and Payment Policies 

TERMS AND CONDITIONS 

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If the Client has any questions or complaints about this Privacy or Cyber Security Policy, contact the Bookkeeper. The complaint will be dealt with promptly, and if unresolved to the Client’s satisfaction, the Bookkeeper will provide you with contact details of the Office of the Australian Information Commissioner.

7. Contacting the Bookkeeper 

If the Client sends sensitive information via open or unsecured email accounts or any other unsecured electronic means, the Bookkeeper is not responsible for loss, theft or compromise of that data. 
The Bookkeeper may store your electronic data via computer software applications hosted remotely on the internet or allow access to data through third-party vendors’ secured portals or cloud. Electronic data that is confidential to your company may be transmitted or stored using these methods. We use reasonable efforts to keep the data secured in accordance with our obligations under the TPB Code of Professional Conduct however the Bookkeeper is not responsible for any loss, theft or compromise of that data caused by the third party.

6. Cyber Security 

The Client may gain access to Information that the Bookkeeper has collected about you, by contacting our office. You can change or update personal information via telephone, fax, email, online through our website or letter. 

5. Correcting and updating the Client’s personal information 

The Bookkeeper has security measures designed to protect against the loss, misuse and/or alteration of the information under our control. These security measures include: 
  • Firewalls – to prevent the hacking of our database.  
  • Clauses in employee agreements requiring confidentiality.  
  • Appropriate security access to our business premises.  
  • Security bins for the disposal of written information 

4. Security of the Client’s personal information 

The Bookkeeper will not sell, rent, trade or otherwise supply to third parties any personal information obtained from you without your consent. 

3. Disclosure of Personal Information 

The Bookkeeper collects the information to provide the Client with a specific service. For example, we may use the information you provide to: 
  • Communicate with you via email. 
  • Enable you to comment on Blog posts. 
  • Create a record for you on our client database. 
  • Provide services to you as a client.

2. Use of this Information

The Bookkeeper may collect personal information about the Client ('the Information') in the following ways: 
  • When the Client subscribes to receive the Bookkeeper’s emails, you will be asked to provide your name and email. 
  • When the Client registers to comment on the Bookkeeper’s Blog, you will be asked to provide your name and email. 
  • When the Client completes the Bookkeeper’s New Client Details Form, you will be asked to provide personal details. 
  • When the Client provides personal details to a member of the Bookkeeper’s team in the course of your dealings with them.

1. Information collected 

The Privacy Act includes a set of 13 harmonised privacy principles that regulate the handling of personal information by Australian and Norfolk Island Government agencies and some private sector organisations. These principles are called the Australian Privacy Principles (APPs). They replace both the Information Privacy Principles (IPPs) that applied to Australian Government agencies and the National Privacy Principles (NPPs) that applied to some private sector organisations.
The Bookkeeper is not subject to the APPs as it is not an APP entity under the Act. This is because the Bookkeeper is defined as being a "small business operator". However, although not strictly governed by the APPs, the Bookkeeper is committed to privacy and our own Privacy Policy reflects this commitment. 

PRIVACY POLICY

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