Terms and Conditions

1. About These Terms

These Terms and Conditions govern the provision of accounting, taxation, BAS, bookkeeping, payroll, advisory and related professional services (“Services”) provided by ActOn Tax Advisory (“we”, “us”, “our”) to you (“Client”, “you”, “your”).

By engaging us, you acknowledge that you have read, understood and accepted these Terms and Conditions together with any Engagement Letter or Proposal issued to you.

Where there is inconsistency between these Terms and any Engagement Letter, the Engagement Letter prevails.

2. Our Services

We provide professional services including, but not limited to:

• Accounting and financial reporting
• Income tax return preparation and lodgement
• BAS and IAS preparation and lodgement
• Bookkeeping services
• Payroll processing and compliance
• ASIC corporate compliance
• Taxation advisory services
• Business advisory services
• Cloud accounting support and software implementation

Our services are limited to those specifically agreed in writing.

3. Tax Agent Services Act 2009 Disclosures

3.1 Registered Tax Practitioner

ActOn Tax Advisory is a registered:

• Tax Agent
• Registration Number: 26 279 989

The Tax Practitioners Board (“TPB”) maintains a public register of registered tax practitioners which can be accessed at:

https://www.tpb.gov.au/public-register

3.2 Your Rights

Under taxation laws, you have the right to:

• Receive professional services competently and ethically
• Be informed of the scope of services and associated fees
• Receive clear communication regarding your obligations
• Have your information kept confidential, subject to legal obligations
• Lodge complaints with us or directly with the TPB

Further information regarding your rights can be found on the TPB website:

https://www.tpb.gov.au

3.3 Our Obligations

As registered tax practitioners, we are bound by the:

• Tax Agent Services Act 2009
• Tax Agent Services Regulations 2022
• Code of Professional Conduct under the TASA
• Tax Agent Services (Code of Professional Conduct) Determination 2024

We are required to:

• Act honestly and with integrity
• Act lawfully in your best interests
• Provide services competently
• Maintain confidentiality
• Manage conflicts of interest appropriately
• Keep proper records
• Maintain appropriate quality management systems
• Keep clients informed of matters that may influence their decision to engage us
• Correct false or misleading statements where required by law

3.4 Disclosure of Relevant Matters

We are required under the TASA and associated legislative instruments to disclose certain matters which may significantly influence your decision to engage us.

At the date of these Terms:

• We have no relevant matters to disclose.

This disclosure obligation includes certain sanctions, investigations, conditions or events prescribed under the legislation.

3.5 Complaints Process

If you have a complaint regarding our services, please contact:

Complaints Officer
ActOn Tax Advisory
tax@actonwealth.com.au

We will endeavour to acknowledge your complaint within 5 business days and seek to resolve it promptly.

If you are not satisfied with our response, you may lodge a complaint with the Tax Practitioners Board:

https://www.tpb.gov.au/complaints

4. Client Responsibilities

You acknowledge and agree that you will:

• Provide complete, accurate and timely information
• Maintain all necessary records required under taxation law
• Review documents and returns before lodgement
• Advise us promptly of any changes relevant to your tax affairs
• Respond to requests for information within required timeframes
• Retain source documentation supporting all claims and disclosures

You remain legally responsible for the accuracy and completeness of all information lodged with the ATO, ASIC or other authorities, even where we prepare documents on your behalf.

5. Reliance on Information

We will rely on information and documentation provided by you and will not independently verify its accuracy unless expressly agreed.

We are not responsible for:

• Errors arising from incomplete or inaccurate information
• Failure to disclose relevant facts
• Delays caused by late provision of information

6. Professional Judgement and Advice

Our advice is based on:

• Current taxation laws
• Published ATO guidance
• Information available at the time the advice is provided

Changes in legislation, ATO interpretation or case law may affect the accuracy or applicability of our advice after it is provided.

Unless expressly stated:

• Advice is provided solely to you
• Advice must not be relied upon by third parties
• Advice is not financial product advice under the Corporations Act

7. Electronic Communications

You acknowledge that electronic communications:

• May not always be secure
• May be intercepted, corrupted or delayed
• Carry inherent cybersecurity risks

Unless you instruct otherwise, you consent to communication by:

• Email
• Cloud accounting platforms
• Electronic document signing platforms
• Client portals

You are responsible for maintaining the security of your own systems and passwords.

8. Confidentiality and Privacy

We will maintain confidentiality of your information in accordance with:

• The Tax Agent Services Act 2009
• Privacy Act 1988 (Cth)
• Applicable professional obligations

We may disclose your information:

• Where authorised by you
• Where required by law
• To regulatory authorities
• To our professional advisers, insurers or contractors under confidentiality obligations

9. Third-Party Software and Platforms

We may use third-party software providers including:

• Xero
• MYOB
• QuickBooks
• Dext
• Hubdoc
• Microsoft 365
• Other cloud-based platforms

We are not responsible for outages, data loss or failures caused by third-party providers.

You acknowledge that data may be stored on servers located outside Australia.

10. Limitation of Liability

To the maximum extent permitted by law:

• Our liability is limited to the re-supply of the Services or payment of the cost of having the Services supplied again.
• We are not liable for indirect, consequential or special loss including:
  • loss of profits
  • loss of business opportunity
  • penalties or interest imposed by authorities arising from incomplete or inaccurate information provided by you.

Where permitted by law, our total aggregate liability is limited to the fees paid for the relevant Services.

Nothing in these Terms excludes rights that cannot lawfully be excluded under the Competition and Consumer Act 2010 (Cth).

11. Limitation Period

Any claim arising from our Services must be commenced within two (2) years of the date the relevant Services were provided.

12. Fees and Payment

Fees may be charged:

• Fixed fee
• Hourly rates
• Recurring subscription
• Project basis

Invoices are payable within the timeframes set out in the invoice unless otherwise agreed.

We reserve the right to:

• Charge interest on overdue accounts
• Suspend work for unpaid invoices
• Recover debt collection costs

13. Ownership of Documents

We retain ownership of:

• Working papers
• Internal file notes
• Methodologies
• Templates and intellectual property

You retain ownership of original documents supplied to us.

14. Record Retention

We may retain records electronically.

Unless otherwise agreed:

• Client records may be destroyed after seven (7) years
• You are responsible for retaining original source documents

15. Conflicts of Interest

We maintain policies and procedures for identifying and managing conflicts of interest in accordance with professional and legislative obligations.

Where a conflict arises, we may:

• Disclose the conflict
• Seek consent to continue acting
• Cease acting where necessary

16. Quality Management and Supervision

We maintain systems, processes and supervision arrangements designed to ensure services are provided competently and consistently in accordance with professional standards and the TASA.

17. AML/CTF and Identity Verification

Where required by law, we may request identification and verification documents from you.

We may refuse to act where adequate identification is not provided.

18. Termination

Either party may terminate the engagement by written notice.

We may immediately cease acting where:

• Fees remain unpaid
• You fail to provide required information
• Ethical or legal obligations prevent us from continuing
• There is loss of trust or cooperation

Termination does not affect accrued rights or obligations.

19. Governing Law

These Terms are governed by the laws of Victoria, Australia.

The parties submit to the exclusive jurisdiction of the courts of Victoria.

20. Updates to These Terms

We may amend these Terms from time to time by publishing updated terms on our website.

Continued engagement after publication constitutes acceptance of the updated Terms.