Terms of Service
These Terms and Conditions (Terms) along with our Privacy Policy will affect your legal rights. Please read these Terms carefully.
The Terms (as varied from time to time), along with any other policies (including the Privacy Policy) posted on our website at [https://www.kpsadvisory.com.au](https://www.kpsadvisory.com.au) (Website), and any supplementary agreement you agree to when you use our specific Services, form the whole agreement between us and you for your use of the Website and our Services (Agreement). The Agreement supersedes any previous or contemporaneous agreements or communications, howsoever arising between you and us.
1. Authority to Act (Tax Agent)
Authority for Tax Agent (KPS Advisory) to act on behalf of the Taxpayer in respect to the taxpayer’s dealings with the Australian Taxation Office.
This authority extends to all areas agreed between the Taxpayer and the Tax Agent which the Tax Agent is permitted to undertake by law, including but not limited to:
- Adding the Taxpayer to the Client List of the Tax Agent with the ATO ECI lodgement facility
- Adding the Taxpayer to the Client List of the Tax Agent on the ATO Tax Agent view of the Portal
- Representing the Taxpayer in their dealings with the Commissioner in relation to a Tax Provision
- Preparing and lodging tax returns, activity statements and other lodgements as requested
- Having access to income tax, activity statement and related information via ECI or the ATO Portal
2. Who may instruct us
You confirm that you, and any other person you nominate in writing from time to time (provided we have acknowledged such nomination), are authorized 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.
3. You and your Spouse
We will advise you and your partner 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.
4. Know your customer
We may be required to verify your identity for the purposes of anti-money laundering laws. We may request from you such information as we require for these purposes and make searches of appropriate databases.
5. Your responsibilities
You must provide us with all information necessary for dealing with your affairs, including information we reasonably request, in sufficient time for our services to be completed before any applicable deadline. We will rely on such information being true, correct and complete and will not audit the information.
You authorize us to approach such third parties as may be appropriate for information that we consider necessary to deal with your affairs.
You must keep us informed on a timely basis of changes in your circumstances that may affect our services.
6. Qualifications on our services
To the extent our services involve the performance of services established by law, nothing in the engagement letter or these terms reduces our obligations under such law.
You must not act on advice given by us on an earlier occasion without 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, our services cannot be relied upon to disclose irregularities or errors, including fraud or other illegal acts, in your affairs.
Where our engagement is recurring, we may amend our engagement letter and these terms where we consider it necessary or appropriate. If you do not accept such amendments, you must notify us promptly, and you may terminate our engagement under section 18; amendments will not apply before termination.
7. Reliance on advice
8. Investment and financial advisory advice
We will not provide investment or financial advice regulated under the Corporations Act 2001 (Cth) unless expressly agreed in writing, specifying an applicable Australian Financial Services License number.
9. Professional obligations
We comply with the professional and ethical standards of the Accounting Professional and Ethical Standards Board, including APES 110 Code of Ethics for Professional Accountants. If we become aware of any actual or potential non-compliance with governing laws or regulations (NOCLAR) that poses substantial harm, we may be required to disclose the matter to an appropriate authority.
10. Conflicts of interest
We will inform you if we become aware of any conflict of interest in our relationship with you or with another client. If a conflict cannot be managed in a way that protects your interests, we may be unable to provide further services to some or all persons covered by this engagement.
We may act for other clients whose interests differ from yours, subject to our obligations regarding conflicts and confidentiality.
11. Fees and payment
Our fees will be charged based on the engagement letter, taking into account skill, responsibility, value, and risk.
Any fee estimate is an estimate only. Actual fees may vary.
Fixed fees may be revised if unforeseen circumstances arise, subject to your agreement.
You may have insurance for professional fees relating to tax investigations; you remain liable for fees regardless of third-party payment.
Disbursements incurred in performing services will be added to invoices where appropriate.
Unless otherwise agreed, fees do not include costs of counsel or other third-party professionals engaged with your approval.
We may charge interest on late invoices at 2% above the RBA cash rate. We may suspend or cease services if payment is unduly delayed.
12. Lien
If permitted by law and professional guidelines, we may exercise a lien over materials and records in our possession until all outstanding fees and disbursements are paid.
13. Client Money
We maintain a trust account for client monies. We can only accept funds into this account if you provide a written trust account authority letter specifying instructions regarding that money.
14. Confidentiality
- Disclosure is required for us to perform the services (including to service providers, advisers, insurers or auditors)
- Disclosure is required by law, regulation, court order, or professional obligations
- You give permission
15. Privacy
You must make any necessary notifications and obtain consents required for us to process personal information you provide. We comply with the Privacy Act 1988 (Cth). Our privacy policy contains more information.
16. Ownership of materials
We own copyright and all intellectual property rights in everything we create in connection with this engagement. You may use our work only for the purpose for which it was created unless agreed otherwise.
Working papers remain our property and are retained according to professional and legal requirements.
You agree we may use your logos and trademarks solely for providing advice related to this engagement unless you instruct otherwise.
17. Limitation of liability
Our liability is limited by a scheme approved under Professional Standards Legislation.
You agree not to bring any claim against our directors, shareholders or employees personally.
To the maximum extent permitted by law, we are not liable for indirect or consequential losses, or losses arising from acts or omissions of third parties or circumstances beyond our control.
18. Limitation of Third-Party rights
Our advice is for your sole use. No third party may rely on it unless expressly agreed in writing.
19. Termination
Either party may terminate these Terms with 1 month’s written notice.
If we terminate (other than due to your default), we will refund the Subscription Fee for the remaining Subscription Term on a pro-rata basis.
If you terminate and have purchased an annual compliance package paid monthly, you agree to:
- Pay the remaining term pro-rata, and
- Pay any unpaid amounts immediately upon termination
If terminated within 12 months, a break fee of $500 + GST applies to cover administrative time and handover. This must be paid before termination.
20. Communication
You must update your contact details. We may send communications to your last known contact information. We may use email or electronic means unless you instruct otherwise. We are not responsible for risks inherent in electronic communication beyond our control.
21. Interpretation
If any provision is void, it will be severed and the remainder continues to apply. If there is inconsistency between the engagement letter and these Terms, these Terms prevail.
22. Disputes and complaints
If you have concerns, contact the person responsible for your engagement. We have procedures to address complaints and will use best endeavors to resolve matters. We may ask for complaints in writing so they can be properly investigated.
23. Outsourcing
We may utilize the services of The Outsourced Accountant Philippines. To perform services, we may provide access to your data only to the extent required.