This site and the information contained does not take into account your or your client’s individual circumstances, needs and objectives. The advice is only general in nature and neither us, any of its partners or representatives shall be liable for any direct, indirect, incidental, special or consequential loss or damage arising from any misinterpretations, negligence, omission of information or incomplete information, caused or resulting from any reliance on the contents of this site.
Service Terms & Conditions
HEALTHY WORKING RELATIONSHIP:
For the purposes of this entire agreement, ‘Us’ and ‘We’ means Thriveway Pty Ltd and ‘You’ and ‘the client’ means the client indicated in the ‘Schedule’.
It’s important that we are also clear about our expectations in three areas:
- Respect for each other and our representatives
- Our Responsibilities
- Our commitment to making our relationship work
✓ We will abide by the Tax Practitioner’s Board Code of Professional Conduct. We will act with integrity, honesty and openness in our conversations with you and in everything we do for you. We will treat you, your staff, your customers and your suppliers with respect and consideration.
✓ We treat the trust you place in us as a privilege and we will respect the confidentiality of our working relationship (refer to our Privacy Statement for more information).
✓ We will not disclose information relating to your business to a third party without your express permission.
✓ We will return your phone calls within 24 hours.
✓ We will lodge all BAS/IAS forms electronically by the due date unless it has been arranged with your Accountant for them to lodge on your behalf.
✓ We will meet the ATO compliance deadlines, and if unable to do this due to circumstances beyond our control, we will communicate this with you.
✓ We will advise you of missing tax invoices.
✓ We will take reasonable care in ascertaining your GST obligations and ensure that GST laws are applied correctly.
✓ We will communicate regularly with your Accountant to seek clarification of some matters where necessary.
✓ We will provide you a Session Checklist at the end of each session which will inform you of the work completed and any outstanding items.
✓ We will empower you around your finances by providing you with timely and accurate financial information and make ourselves available to discuss these with you on a regular basis.
✓ When we become familiar with your products, services and your target market, we will actively seek referrals for your business.
✓ You will act with integrity, honesty and openness with all members of our team at all times. You will treat all our representatives with respect and consideration. You will let me know immediately of any concerns you have about our work or conversations.
✓ You will follow the systems that we have set up for you to gather the information we need and present that work to us for processing at the frequency agreed.
✓ You will provide Tax Invoices over the threshold in order to claim the correct GST.
✓ Where Tax Invoices are not provided you understand that we will process the transaction without claiming the GST using the NTI (No Tax Invoice) GST Code.
✓ You will take responsibility for ensuring transactions are genuine tax deductions and comply with taxation law.
✓ You understand your record keeping obligations and are aware of the consequences of not keeping adequate records.
✓ You understand that using the business bank and credit card accounts for personal use complicates the processing, resulting in the bookkeeping taking extra time to complete and is contrary to advice from the ATO.
✓ You will submit the relevant BAS declaration for every BAS and/or IAS lodged electronically by us.
✓ If the work is to be done on-site, you will provide us a suitable computer and printer and access to your office at an agreed time.
✓ You will make yourself available to review Session Checklists and if you have any concerns about the work completed or any other matter you will call me within 48 hours.
✓ You will make yourself available to answer queries regarding your bookkeeping.
✓ You will make yourself available to discuss your Profit and Loss, Balance Sheet and other reports on a regular basis.
✓ You agree to abide by our Trading Terms and will ensure that you have sufficient funds in your account to cover the payment in full.
✓ You will not approach the bookkeeper assigned to work directly for your or any associated entity.
✓ If you are happy with the services we provide, you will give consideration to referring at least one other business who you believe would benefit from an association with us.
1. PROVISION OF SERVICES
Thriveway will provide bookkeeping and related services upon request by the client named in the schedule on the terms of this engagement (“Services”).
Services additional to the above may be rendered if requested, in writing (inc. email) to Thriveway subject to the fees in the schedule (“Fees”).
What Thriveway is NOT responsible for:
- Determining the correct awards and pay rates for the client’s staff
- Misallocation of transactions due to incomplete or inaccurate information provided by the client
- Thriveway is not a financial advisor, financial planner, registered tax agent or an auditor qualified or skilled to provide financial, investment, taxation advice or assurance services. No audit or review will be performed and no assurances will be given
Thriveway is entitled to charge for recovery of all amounts incurred for out of pocket expenses such as: stationery, photocopying, postage and travel costs. These costs will be invoiced with for the costs incurred in the previous month and will be due and payable once the invoice is issued in accordance with these terms.
The client may terminate this engagement terms by giving one month’s written notice to Thriveway, including email notification, provided that such notice is proved by Thriveway. In the event that the client provides less than one month’s notice, the notice period will be deemed to commence at end of the current month and the following month of remuneration will be due and payable in lieu of notice proper.
During the 30 day notice period, work in progress shall be completed, if possible, and no other new work shall be undertaken unless the parties agree in writing and specify the terms for the additional work.
This engagement will be terminated immediately upon:
- The cessation of business of either party to this agreement;
- Either party committing a material breach of this agreement;
- Either party fails to comply with any relevant statutory or regulatory requirement;
- Either party becomes insolvent, being unable to pay their debts as and when they fall due.
and in the case of sub-clause 2 or 3 reasonable notice having been given and the breach or failure is not made good
4. LIMIT OF LIABILITY
The client hereby agrees that any liability of Thriveway or any of its contractors servants agents or employees representatives, in the course of performing this engagement , shall be limited to the amount of the most recent monthly invoice billed for the services agreed hereunder as its exclusive remedy. The client agrees they may not make any claim against Thriveway beyond that amount and Thriveway may rely on this paragraph as a complete bar to any such claim.
Further to the disclaimer above Thriveway will not be held liable for any losses or damages, direct or indirect, caused by the preparation of financial data. Thriveway is not a registered auditor and therefore any financial statements prepared are for the client’s sole purposes and cannot be verified unless they are audited. No audit or review will be performed and, accordingly, no assurance will be expressed.
Furthermore, Thriveway shall not be liable for any direct, indirect, incidental, special or consequential loss or damage arising from any misinterpretations, negligence, omission of information or incomplete information, caused or resulting from any reliance the information provided by the client. The client is solely responsible for providing all the required and correct information to Thriveway in order for Thriveway to render its services to the client.
For the avoidance of doubt the client hereby agrees that they are solely liable for payments of their account to the Australian Taxation Office, employee entitlements, trade creditors and all other relevant statutory requirements.
If required, Thriveway shall endeavour to ensure that documentation is lodged with the relevant departments by the due dates, provided all information and documentation is received two weeks prior to lodgment date, allowing adequate time for preparation and lodgment of the documentation. Thriveway, any of its partners or representatives, will not be held liable for any penalties for failure to lodge Business Activity Statements (“BAS”), by the due date for lodgment.
Original documents given to Thriveway, such as source documents, shall remain the property of the client. Thriveway reserves the right to make and retain a reasonable number of copies of any original documents for its records. The final financial statements, and other documents which Thriveway is specifically engaged to prepare, shall remain the property of Thriveway until the client’s account has been paid in full.
6. BUSINESS SYSTEMS
When the client decides use any software or connect their cloud accounting package to any add-on or extension, it is the client’s responsibility to read and agree to the terms of service of that additional cloud service provider publishes on their website. The client hereby acknowledges and accepts that their use of any software, online cloud accounting service, and any associated add-ons, indicates their acceptance of that cloud service providers’ terms and conditions as well as these terms of engagement. Both parties must agree in writing, preferably by email, prior to the implementation of any cloud accounting service into the client’s business systems.
7. SUB-CONTRACTING WORK
Thriveway may sub-contract, and any sub-contractor it authorises may further sub-contract some of the agreed services and the client shall be informed accordingly. In the event of Thriveway delegating any work to another professional, the client hereby acknowledges and accepts that the referee professional is a separate legal entity from Thriveway. In no circumstance will Thriveway, any of its partners or representatives, be accountable, directly or indirectly liable for the services or advice the delegated professional provides to the client.
8. RESPONSIBILITY FOR ACCOUNTING AND INTERNAL CONTROL SYSTEMS
Thriveway advises that the responsibility for policy matters in regard to the business accounting operating system and internal control systems ultimately rests with the client, including the protection of and prevention against fraud viruses etc. If any material weakness in the accounting system or internal control systems comes to Thriveway’s notice, it will advise accordingly.
The client hereby agrees to the terms and conditions for any software provider utilised and will not hold Thriveway directly or indirectly liable for any interruption, loss of data, loss of internet connection or security intrusion affecting the client’s access to any financial data. The software provider’s terms and conditions are subject to change and it is the client’s responsibility to regularly review these changes on the respective website.
The client acknowledges and accepts that either Thriveway’s or the client’s registration of an account with utilised software indicates the client’s acceptance of that service provider’s terms and conditions as well as these terms of engagement regardless of actual use by the client.
Client understands that the client is personally responsible for the information contained in any statutory return and that they must retain all necessary supporting documentation to substantiate the transactions that may form part of the data included in such returns. Thriveway will not take responsibility for any failure on the client’s behalf to provide the required documentation or adequate records.
The responsibility of backup and maintenance of the accounting file and supporting documents rests solely with the client. While it is the client’s responsibility, Thriveway will endeavour to ensure that appropriate backups are taken at critical times of the financial year.
9. INDEMNITY AND NON DISCLOSURE
The client agrees to release, indemnify and hold Thriveway, its partners, heirs and successors, harmless from any and all liability and costs resulting from incomplete or inaccurate information provided by Thriveway or anyone on behalf of Thriveway, and such indemnity shall not be limited to the term of this contract but shall be ongoing after its termination.
The client also acknowledges that Thriveway in the course of work may view or otherwise come into contact with information the client considers confidential. In such a case Thriveway must undertake all reasonable procedures to keep such information confidential subject to governing law, jurisprudence and/or order of a court of competent jurisdiction and the client agrees that no action can be taken against Thriveway as a result of their view or contact with the confidential information provided such reasonable steps are taken.
Thriveway may collect Personal Information about the client’s affairs, the client’s representatives, the client’s clients and others. Thriveway will not, unless it has a legal duty to do so, disclose any information relating to the client’s affairs to a third party without the client’s written permission. Where information relating to the client’s affairs is to be disclosed by Thriveway to a third party, Thriveway will, prior to any disclosure, clearly inform the client that there will be such disclosure and take reasonable steps to obtain the client’s permission and written consent.
Thriveway may exchange the client’s information with third parties. These third parties may be overseas who operate and hold data outside Australia. Where it does this, it makes sure that appropriate data handling and security arrangements are in place. Please note that Australian law may not apply to some of these entities.
These parties include:
- online service providers, for example software providers to assist Thriveway in providing the agreed upon services
- those to whom we outsource certain functions, for example, direct marketing, statement production, debt recovery, admin and information technology support
- brokers, agents and advisors and persons acting on the client’s behalf
- brokers, agents and advisors and persons acting on Thriveway’s behalf
- financial institutions and payment gateways
- insurers and re-insurers
- government and law enforcement agencies or regulators
- credit reporting bodies and credit providers
The Client agrees and authorises Thriveway to disclose personal information to the following software vendors for the purpose of providing the services:
- Receipt Bank
- Xero (including its partner software)
- Click Super
- Google (including but not limited to Gmail & Drive)
- MailChimp (the client has the option to unsubscribe from email newsletters at any time)
- Other online project management tools used from time to time
The client hereby acknowledges and agrees that Thriveway is not required to regularly advise the client of the use of various software providers to store the client’s data, unless it is material, as the storage of the client’s data will be explicit in the service being provided. The client’s information can include but is not limited to, their full name, ABN, TFN, email address, date of birth, residential and registered business address. The client can request, at any time, Thriveway to provide details of the various software providers that have access to their information. Thriveway will action this request as soon as practicable and reserves the right to charge for its time in providing these details.
The client hereby grants access to all documents to enable Thriveway to provide the services. This includes providing Thriveway with the authority to represent the client’s business to the Australian Taxation Office and any other government body when and if required.
The client may not assign its rights and obligations under this agreement to any other party, without the written consent of Thriveway.
Thriveway may, at any time, assign its rights and obligations under this agreement to any other party, with the written consent of the client.
12. APPLICABLE LAW
This engagement shall be governed in its interpretation and in relation to any action concerning the same by the laws of Victoria and Australia.
13. COMPLETE AGREEMENT
These Terms of Engagement comprise the complete agreement between the parties, superseding all prospects oral or written and all other communications between the parties. If any provision of this agreement is determined to be unenforceable, all other provisions shall remain in force. These terms and any revision of them from time to time will be published on Thriveway’s web-site here and shall be deemed to have come to the full attention of client at all times.
Disclaimer – Submitting this schedule means that you have read and accept ‘Your Commitment’, ‘Terms of Engagement’ and ‘Schedule’ attached and are also authorised to enter into this agreement on behalf of the client.
PRINCIPAL – THRIVEWAY PTY LTD ABN 66 613 502 588 of 17/31 Queen Street Melbourne
All fees in this agreement and schedule are excluding GST and are billed on the 1st of each month and are payable on the 8th of each month, unless advised by Thriveway.
If hourly fees are applicable, and the work is classified as ‘catch up’ (more than 3 months behind), hourly fees are billed and payable upfront for the work to be completed. This is usually 10 hours for bookkeeping work and 5 hours for payroll work; but can change depending on the client’s business. Billing will continue to be upfront until approved to go on a monthly account.
Once approved for a monthly account by Thriveway, hourly fees are billed for work completed the month prior. (ie. time involved).
Hourly rates are billed for all time spent for the provision of the (“Services”). This includes all communication by email, phone and by any other means. Incomplete information provided by the client always results in higher time billed and cost to the client. Providing complete information is always recommended for a (“Healthy Working Relationship”).
If fixed fees are applicable, fees are billed for work to be completed for the month in advance. Fixed fees only apply to the work to be completed in the month, not relating to any reporting period under any circumstances. If incomplete incorrect information is provided by the client, the month of bookkeeping cannot be completed and the fixed fee will still apply for the current month and the next month. The monthly fee is indicated below and is subject to increases at any time. Common reasons for fixed fees to increase are as follows:
- Incomplete information or documents provided by the client
- Increase in transactions ie. work and time involved
- Prior undisclosed errors within the accounting file
- Software and technical issues
In addition, the following fixed fees apply to all engagements:
- 150 BAS Lodgment
- 60 IAS Lodgment
- 150 BAS Extension (payable if BAS is unable to be lodged by its due date in all circumstances; whether approved or not approved by the ATO)
- 30 Payment Summary lodgment (per employee)
- 150 Taxable Annual Payments Report lodgment (building & construction industry payments to contractors)
- 150 Workcover Rateable Remuneration lodgment
- 150 Payroll Tax Annual Reconciliation
- 60 Payroll Tax Monthly Reconciliation
- Fixed price quite, if applicable
The following recurring late payment admin fee applies to all engagements:
- Where an invoice is not paid by its due date, a 50 late payment admin fee will apply each month for each unpaid invoice
Disclaimer – All fees are subject to regular review and will increase annually by 5%. In the event of data provided either by client or a third party being incomplete or incorrect or circumstances change or appointment is cancelled within 48 hours prior Thriveway is entitled to charge hourly rate fees for to remedy lost work or disruption. Thriveway is entitled to change its fees and may do so if circumstances change with the client’s business.