Engagement Terms & Conditions

I/We read and understand in full, accompanied Engagement Letter, other disclaimers, policies, relevant Terms and Conditions of Dev Accounting & Financial Solutions Pty Ltd & disclaimers mentioned at https://devafs.com.au & agree with the same and accordingly appoint

Dev Accounting & Financial Solutions Pty Ltd as a Tax Agent, Accountant, representative, introducer and/or ASIC Agent for:

Company/ Trust/ other entity/ My Business, for which I am legally authorised person which is my/our New/Proposed/ Existing/ Defunct Business;

Myself/ my spouse/ my family members to manage my & my family’s business & tax affairs & for which my personal/family & business details.

You confirm that you, and any other person you nominate in writing from time to time (provided we have acknowledged such nomination), are authorised to give us instructions and information on behalf of all persons we are acting for and to receive our advice and documents on their behalf.

If we are acting for a business, and we receive conflicting advice, information or instructions from different persons, we may refer the matter to the board of directors, partners or proprietors (as applicable) and act only as requested by them.

We will advise you and your Family Group on the basis that you are a family unit with shared interests. We may deal with either of you and may discuss with either of you the affairs of the other. If you wish to change these arrangements, please let us know.

We may be required to verify your identity for the purposes of the anti-money laundering laws. We may request from you such information as we require for these purposes and make searches of appropriate databases.

Client confirms us by accepting this engagement letter as part of this engagement process that client is legally authorised public officer, trustee, manager, business associate or responsible person for the respective entity or business or legal representative for its employees or any other stakeholder it represents; and client is also legally authorised as a spouse, parent, child, kith and kin, family associate or member to act and legally represent on behalf of respective family or associates, whose details are provided to us to process Tax Returns or for any other matter whatsoever.

The scope of the engagement is as set out below.

-Prepare and lodge tax returns and/ or Business Activity and other relevant documents where applicable

-Prepare financial reports and manage Registrations with Australian Tax Office or ASIC, where required

-Bookkeeping and Accouting Services, where required

-Provide general taxation advice

-Act as your contact with the Australian Tax Office for matters relating to your tax affairs and represent your business as a registered Agent with ASIC and/or other organisations, if reconfirmed, time to time, by us.

The procedures that we will perform will not constitute an audit in accordance with Australian Auditing Standards or a review in accordance with Australian Auditing Standards applicable to review engagements and, consequently, 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 you of any such matters which may come to our attention.

This engagement will start on the date of acceptance by you.

This letter will be effective for future periods unless we advise you of any change in our arrangement.

You must provide us with all information necessary for dealing with your affairs, including information which we reasonably request, in sufficient time to enable our services to be completed before any applicable deadline. We will rely on such information as being true, correct and complete and will not audit the information.

We may ask questions of you regarding the information provided. You are responsible for providing accurate and complete responses to our questions within a reasonable time. This should not be taken as meaning that we will verify the accuracy and completeness of the information provided.

The taxation law provides you with “safe harbours” from penalties for incorrect or late tax returns if you provide “all relevant taxation information” to us in a timely manner. Failure to discharge the responsibilities described above may mean that you are not eligible for that “safe harbour” protection.

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 5 (Five) years or it can be up to 7 (Seven) 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, you should check the return before it is signed to ensure that the information in the return is accurate.

You authorise us to approach such third parties as may be appropriate for information that we consider necessary to deal with your affairs. You are responsible for keeping us informed on a timely basis of changes in your circumstances that may affect our services.

Information acquired by us in the course of this engagement is subject to strict confidentiality requirements, and we will not disclose that information to other parties except as required or allowed by law, or with your written consent.

We will advise you of your rights, obligations and options available to you under the relevant laws. We may also provide you with advice on the application of specific laws, including any possible penalties and other consequences to enable you to make an informed decision of the course of action that may be taken. Laws change frequently. All advice will be based on the current law at the time the advice is provided. It is your responsibility to obtain updated advice in relation to actual or proposed transactions entered into at a later time.

We will act in your best interests at all times, subject to the overriding requirement that we must comply with the law. For example, we would be unable to lodge a tax return for you that we knew contained a false or misleading statement.

To the extent our services involve the performance of services established by law, nothing in the engagement letter or these terms reduce our obligations under such law.

You must not act on advice given by us on an earlier occasion without first confirming with us that the advice is still valid.

Our services are limited exclusively to those you have engaged us to perform. Unless otherwise specified in the engagement letter, our services cannot be relied upon to disclose irregularities and errors, including fraud and other illegal acts, in your affairs. Neither an audit nor a review will be conducted and, accordingly, no assurance will be expressed.

Where our engagement is recurring, we may amend our engagement letter and these terms where we consider it is necessary or appropriate to do so. If you do not accept such amendments, you must notify us promptly.

We will endeavour to record all advice on important matters in writing. Advice given verbally is not intended to be relied upon unless confirmed in writing. If we provide verbal advice (for example during a meeting or telephone conversation) that you wish to rely on, you must ask us to confirm the advice in writing.

Clients instruct us verbally, electronically or by telephonic instructions to make amend the required changes to their previously provided information or communicate directly with Australian Taxation office for their tax and compliance affairs. We hereby confirm that all the work done on client’s behalf is sole responsibility of the client. We restrict our liability to the work done by us as per the client’s instructions.

Under the Corporations Act 2001 (Cth) we are required to hold an Australian Financial Services Licence (AFSL) or be an authorised representative of the holder of an AFSL, in order to provide you with financial advice in relation to your superannuation.

As we do not hold an AFS licence and are not an authorised representative of such a licence holder, we are limited in the advice that we can give to you.  We are unable to provide financial advice (for example, providing an investment strategy, advice on whether you should make superannuation contributions or commence a pension). However, we are able to provide you with factual advice, such as how the superannuation rules would apply and what options are available.

Where financial advice is required, we will refer you to, with your consent, our trusted partner we work with on a regular basis.

We will comply with the professional and ethical standards of the Accounting Professional and Ethical Standards Board, available at apesb.org.au. This includes APES 110 Code of Ethics for Professional Accountants (including Independence Standards), which among other things contains provisions that apply if we become aware of any actual or potential ‘non-compliance with governing laws or regulations’ (NOCLAR). Where any such non-compliance poses substantial harm (such as serious adverse consequences to investors, creditors, employees, auditor, group auditor or the public), we may be required to disclose the matter to an appropriate authority.

We will inform you if we become aware of any conflict of interest in our relationship with you (including between the various persons this engagement letter covers) or in our relationship with you and another client. Where conflicts are identified which cannot be managed in a way that protects your interests, then we will be unable to provide further services to some or all of the persons to whom this engagement applies. If this arises, we will inform you promptly.

We may act for other clients whose interests are not the same as or are adverse to yours, subject to the obligations of conflicts of interest and confidentiality referred to above.

Our fees will be charged on the basis set out in the engagement letter and have been set based on the level of skill, responsibility, importance and value of the advice, as well as the level of risk.

If we have provided you with an estimate of our fees for any specific work, this is an estimate only, and our actual fees may vary.

In some cases, you may be entitled to assistance with your professional fees, particularly in relation to any investigation into your tax affairs by the ATO.

Our fees set out in our engagement letter are exclusive of GST, which will be added to our invoice where it is chargeable. Any disbursements and expenses we incur in the course of performing our services will be added to our invoices where appropriate. Unless otherwise agreed to the contrary, our fees do not include the costs of any counsel, or other professionals or third parties engaged with your approval.

If client is agreed that fees for the Services will be deducted directly from any tax refund you receive. In accordance with the requirements of the Institute of CPA Australia, your refund will be deposited into our Trust Account with our professional fees plus any additional Administration charges for fee from refund deducted and the balance of the funds forwarded to you as agreed.

We may charge interest on late paid invoices at the rate of 3% above the RBA cash rate from the due date until the outstanding amount is paid in full. We may also recover from you any amount incurred by Dev Accounting & Financial Solutions utilising any third-party debt agency due to your failure to pay any charges due. We may also suspend our services or to cease to act for you on giving written notice if payment of any fees is unduly delayed.  We intend to exercise these rights only where it is fair and reasonable to do so.

We may provide a fixed fee arrangement for the provision of specific services as outlined below. In other circumstances, an engagement may be difficult to predict how much time will be required, and our intention to charge on an hourly basis as outlined below.

We may provide a fixed fee for the provision of specific services outlined in your engagement letter. If it becomes apparent to us, due to unforeseen circumstances, that a fixed fee is inadequate, we may notify you of a revised figure and seek your agreement to it. Likewise, if new work is required outside of the scope of our existing agreement, we will issue a written proposal for you to accept (or discuss) before we commence new services.

All of our fixed price agreements include support and regularly scheduled review sessions. In fact, we encourage constant communication between you and Dev Accounting & Financial Solutions. Becoming your trusted advisor is our mission, and open communication is the key.

Our fixed fee arrangements for our service are payable monthly in arrears by you and will be direct debit from your account on the last business day of the month. It is a requirement that all our fixed fee clients agree to have a direct debit set up for payment of monthly subscription fees.

You will incur a payment handling administrative fee of 1% of the monthly fee rate, this will be added to your invoice automatically and, if it applies, will be disclosed in your engagement letter & your schedule of fees.

The monthly fee continues to be payable independently of your circumstances and is not suspended through periods where income is not received by you or your business entity(s).

If you commence your fixed fee arrangement part way through the year for a ‘yearly service’ (i.e. accounting & taxation serviced bundled with monthly bookkeeping), you will be liable for a catch-up payment in the last month of the financial year the arrangement commenced in.  The catch-up payment will be calculated at the full monthly rate of the ‘yearly service’ for the months from the start of the year until the first monthly payment was received.

At Dev Accounting & Financial Solutions we think you deserve to know in advance how much the job will cost and what it entails. We will always provide a schedule of payment with your engagement letter outlining your future fixed fee arrangement payment obligations for the remainder of the financial year. Each year Dev Accounting & Financial Solutions will provide you with an updated schedule of payments for the subsequent financial year.  You will always know how much you will pay for services in advance, and will always have the opportunity to discuss the agreement before we get started on any work.

While Dev Accounting & Financial Solutions will always try to provide a fixed price arrangement, particularly in the instance where services are ongoing, there are some services that we offer where an estimate based on an hourly rate is the only method of billing that applies. We’ll quote an hourly rate, outlined in the engagement letter, in instances of 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, Dev Accounting & Financial Solutions will inform you of the amount of time used before we issue the final bill and collect payment.

If possible, Dev Accounting & Financial Solutions will convert any hourly services into a fixed price agreement, if or when the scope of the service becomes more apparent.

The standard professional fees are (subject to notification of change):

Accountant                                       $ 250.00 per hour

Bookkeeping/Secretarial              $ 80.00 per hour

We will invoice you on a monthly basis for the amount of work completed, and our invoices are due for payment within seven days of issue.

The Service Providers such as Financial Planner, Banks and Mortgage Brokers may pay a referral commission to the Dev Accounting and Financial Solutions of any of its subsidiaries for any new business or clients that we refer to the Service Providers. The referral commission shall be a percentage of the revenue generated by the new business or customer by the Service Providers. we may advise you of such arrangement as and when it arises.

As a matter of professional courtesy, we may need to inform your previous accountant that we have been engaged by you as your new accountant and request to receive from them any outstanding matters and files. You may refuse to provide their contact information but in doing so may cause problems in the efficient transfer of your files.

We will take all reasonable steps to keep your information confidential, except where: we need to disclose your information to our service providers (including auditors of client monies if applicable) or regulatory bodies in performing the services, our professional advisers or insurers or as part of an external peer review from time to time. Our firm’s quality control procedures have been established and maintained in accordance with APES 320 – Quality Control for Firms and, as a result, our files may be subject to review as part of the quality review program of Certified Practising Accountant and the Tax Practitioners Board. By accepting this engagement, you acknowledge that, if requested, our files relating to this engagement will be made available under this program. We will take reasonable steps to ensure any such recipient (other than a regulatory body) keeps such information confidential on the same basis;

You must make all necessary notifications and obtain any necessary consents for us to process personal information you provide to us. We collect and use that personal information for the purposes of providing the services described in the engagement letter to you, and we will comply with the Privacy Act 1988 (Cth) when processing that personal information. Our privacy policy provides further details of our privacy practices. For more information, refer to the website of the Office of the Australian Information Commissioner https://www.oaic.gov.au/.

If you would like a copy of our complete Privacy Policy, please request this by emailing us at info@devafs.com.au

If permitted by law or professional guidelines, we may exercise a lien over all materials or records in our possession relating to all engagements for you until all outstanding fees and disbursements are paid in full.

We use cloud-based practice management, accounting and data storage software that contains your personal and financial information. The database containing this information is located in Australia, but it may be replicated to other locations. The suppliers of this software have privacy policies that are consistent with the Australian Privacy Principles.

Accepting our services as part of this engagement agreement indicates your acceptance of the use of outsourced services, external IT services, cloud-hosted software and outsourced data storage under the conditions outlined above.

If you would like a copy of our complete Privacy Policy, please request this by emailing us at info@devafs.com.au

We own the copyright and all other intellectual property rights in everything we create in connection with this engagement. Unless we agree otherwise, anything we create in connection with this agreement may be used by you only for the purpose for which you have engaged us.

All working papers prepared by us (in any form whatsoever, including physical and electronic) remain our property. We will retain these papers in accordance with our normal record-keeping practices in accordance with our professional and legal obligations.

You agree, we can use your logos and trademarks for the sole purpose of providing advice to you in connection with the engagement unless you tell us otherwise.

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.

Our liability is limited by a scheme approved under Professional Standards Legislation. Further information on the scheme is available from the Professional Standards Council’s website https://www.psc.gov.au .

You agree not to bring any claim against any of our principle or employees in their personal capacity.  To the maximum extent permitted by law, we are not liable to you for:

indirect, special or consequential losses or damages of any kind; or

liability arising due to the acts or omissions of any other person or circumstances outside our reasonable control, or your breach of these terms.

Where, as part of our engagement, the services of an external consultant or expert are required, an estimated cost and timeframe and involvement will be provided to you.

We may employ/deploy third-party onshore or overseers to process your bookkeeping work, however that involvement would be strictly within our scope and bases of costing and pricing of our services. Acceptance of our services in conjunction with this engagement document indicates your acceptance of the use of outsourced services as described.  Where the outsourced service requires the disclosure of personal information to an overseas recipient a consequence of your consent is that Dev Accounting & Financial Solutions will be required to take reasonable steps to ensure that the Australian Privacy Principles are complied with by the overseas recipients of the Personal Information.

Either of us (the agreed parties) may terminate this agreement by giving not less than 21 days’ notice in writing to the other party except where a conflict of interest has arisen, you fail to cooperate with us, or we have reason to believe that you have provided us or any other person with misleading or factually inaccurate information, in which case we may terminate this agreement immediately, also client needs to pay any applicable subscription fee, software or any other charges. Termination will not affect any accrued rights.

Where any termination occurs during a monthly fixed price engagement, Dev Accounting & Financial Solutions will not be liable to refund any monthly fee’s to the agreed party, unless specifically agreed upon.

You must advise of any changes to your contact details. We may send any communications to the last contact details you have provided. Unless you instruct us otherwise, we may, where appropriate, communicate with you and with third parties via email or by other electronic means. The recipient is responsible for virus checking emails and any attachments. There is a risk of non-receipt, delayed receipt, inadvertent misdirection or interception by third parties in any form of communication, whether electronic, postal or otherwise. We are not responsible for any such matters beyond our control.

Dev Accounting & Financial Solutions 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 address your concerns correctly 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 have policies and procedures in place to deal appropriately with complaints and will use best endeavours to resolve a complaint or dispute to the 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.

We may require you to detail your complaint in writing to allow us to investigate any concerns that you raise fully.

Should you wish to lodge a complaint please contact our Complaints Officer whose details are as follows:

For complaints

If any provision of the engagement letter or these terms is void, that provision will be severed, and the remainder will continue to apply. If there is any conflict between the engagement letter and these terms, these terms prevail.

	Tax Compliance services	From
	Tax return Lodgement
	Individual Tax return ($50 extra for each Additional schedule income/deductions)	$120
	ABN/Sub Contractor Business Schedules	$250
	Company/Trust/Partnership Tax returns	$800
	Preparation of Financials	$800
	Activity Statements Lodgements
	Monthly Activity statement,	$200
	Quarterly Activity Statement,	$300
	Annual activity statement	$500
	Bookkeeping Services (charged in 15 minutes blocks)
	Basic Bookkeeping (by bookkeeper/assistant bookkeeper)	$50/hour
	Complex Bookkeeping	$80/hour
	Bookkeeping software subscription	at Cost
	Payroll Service	$100/hour
	ASIC/Corporate Services
	Annual ASIC agency fees	$150
	Lodgement of ASIC forms	$100
	Other Services
	Workcover Registrations	$150
	ABN Applications	$80
	Trust Registration incl ABN & TFN  (excl. Govt. Duties and charges)	$500
	Company Registration incl ABN & TFN	$1,000
	Business name registration (excl. Govt. Duties and charges)	$70
	Fixed Scope Fixed Fees Package
	We may communicate and agree fixed scope and fixed fees package separately
	Other Disbursement:	at Cost
	Please note all price is ex.GST and subject to change without any prior notice and depending on scope of work or involvement of complexity. Any additional fee for an additional service not covered in the scope of this engagement will be the subject of a separate fee arrangements.

If you are engaging us on behalf of business(es) confirm us by signing this engagement letter as part of this engagement process that client(you) is legally authorised public officer, trustee, manager, business associate or responsible person for the respective entity or business or legal representative for its employees or any other stakeholder it represents; whose details are provided to us to process Tax Returns or for any other matter whatsoever, the payment of all accounts for professional fees, including out-of-pocket expenses rendered by us from time to time.

I/we have requested Dev Accounting & Financial Solutions Pty Ltd to provide services to:

entities listed in this form and Dev Accounting & Financial Solutions agrees to do so in consideration of this guarantee and indemnity.

(a)           the granting of time, forbearance or other concession by Dev Accounting & Financial Solutions to the Company or any Guarantor;

(b)          an absolute or partial release of the Company or any Guarantor or a compromise with the Company or any Guarantor;

(c)           a variation of the terms of engagement given to the Company by Dev Accounting & Financial Solutions;

(d)          the termination of engagement by Dev Accounting & Financial Solutions;

(e)          the fact that any agreement between Dev Accounting & Financial Solutions and the Company is wholly or partially void, voidable or unenforceable;

(f)           any other person failing to guarantee the payment of money by the Company to Dev Accounting & Financial Solutions or the unenforceability of a guarantee or indemnity given by any other person; or

(g)          the exercise or purported exercise by Dev Accounting & Financial Solutions of its rights against the Company or any other guarantor.

6. The Guarantor’s liability is not discharged by a payment to Dev Accounting & Financial Solutions which is later avoided by law. If that happens, Dev Accounting & Financial Solutions, the Company and the Guarantor will be restored to their respective rights and obligations as if the payment had not been made.
7. Until Dev Accounting & Financial Solutions has received all money payable to it by the Company:

(a)                the Guarantor must not prove or claim in any liquidation, bankruptcy, composition, arrangement or assignment for the benefit of creditors; and

(b)               the Guarantor must hold any claim it has and any dividend it receives on trust for Dev Accounting & Financial Solutions.

8. This guarantee and indemnity constitutes a security interest under the Personal Property Securities Act 2009 (Cth) (“PPSA”). The Guarantor must, at its own cost, take all action required by Dev Accounting & Financial Solutions which is necessary, in the opinion of Dev Accounting & Financial Solutions, to allow this guarantee and indemnity to be perfected under the PPSA or to protect the priority of the security granted under this guarantee and indemnity. The Guarantor waives any right to receive notice that Dev Accounting & Financial Solutions has registered this guarantee and indemnity under the PPSA or has changed any registration relating to this guarantee and indemnity under the PPSA.
9. If Dev Accounting & Financial Solutions assigns its rights against the Company, the benefit of this guarantee and indemnity extends to the assignee and continues concurrently for the benefit of Dev Accounting & Financial Solutions regardless of the assignment, unless Dev Accounting & Financial Solutions releases the Guarantor in writing.

10. If there is more than one Guarantor, this guarantee and indemnity binds each of them separately and any two or more of them jointly and severally. A guarantor which is a trustee is bound both personally and in its capacity as a trustee.
11. A notice or certificate certified by a Solicitor acting on behalf of Dev Accounting & Financial Solutions will for all purposes be conclusive evidence against the Company and Guarantor of a default or failure to make payment to Dev Accounting & Financial Solutions in accordance with the terms of engagement at the date of the notice or certificate, and will be prima facie evidence of the amount of such moneys owing to Dev Accounting & Financial Solutions at the date of the notice or certificate and will in all courts and at all times be conclusive or prima facie (as the case may be) evidence of the facts therein stated.