ATODAKA TERMS & CONDITIONS TJM 190809

1. Scope of the Engagements by Atodaka

  1. Atodaka provides accounting, consulting and taxation services, which are conducted in accordance with the relevant professional and ethical standards issued by the Accounting Professional & Ethical Standards Board Limited (APESB).

  2. No audit or reviews are performed, and no assurance is expressed by Atodaka. Our engagements 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 that come to our attention. Atodaka can arrange for audit and review work to be conducted by a partner firm.

  3. There is no assumption of responsibility for any reliance on our reports by any person or entity other than specified client.

  4. Reports shall not be inferred or used for any purpose other than for which it was specifically prepared.

2. Privacy

  1. Information acquired by us in the course of engagements is subject to strict confidentiality requirements. Private information is not disclosed by us to others except as required by us for the provision of the agreed upon services or allowed for by law, or with your consent.

  2. We may share your Personal Data with members of the Atodaka family of entities to provide the Services you have requested, to manage risk and to help us manage the availability and connectivity of services and communications.

  3. We may share Personal Data with third-party service providers that perform services and functions at our direction and on our behalf.  These third-party service providers may, for example, provide you with Services, verify your identity, assist in processing transactions, store information or provide customer support.

  4. We may share Personal Data with other professional firms that we have partnered with us to provide the service or product.

  5. Our operations are supported by a network of computers, cloud-based servers, and other infrastructure and information technology, including, but not limited to, third-party service providers.  We and our third-party service providers store and Process your Personal Data in Australia and elsewhere in the world. By using our Services, you consent to your Personal Data being transferred to other countries.

  6. We maintain technical, physical, and administrative security measures designed to provide reasonable protection for your Personal Data against loss, misuse, unauthorized access, disclosure, and alteration.

  7. Our firm’s system of quality control has been established and maintained in accordance with the relevant APESB standard. Our files may be subject to review as part of the quality control review program of CPA which monitors compliance with professional standards by its members. We advise you that by accepting our engagement you acknowledge that, if requested, our files will be made available under this program.

3. Rights and Responsibilities

  1. The Client is responsible for the reliability, accuracy and completeness of information used to prepare reports and to provide advice or a service. Clients are required to arrange for reasonable access by us to relevant individuals and data.  Any advice given to the Client is only an opinion based on our knowledge of the Client’s circumstances at the time.

  2. 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 up to 5 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.

  3. Where the application of a taxation law to your circumstances is uncertain you also have the right to request a private ruling which will set out the Commissioner’s opinion about the way a taxation law applies, or would apply, to you in those circumstances. You must provide a description of all the facts (with supporting documentation) that are relevant to your scheme or circumstances in your private ruling application. If there is any material difference between the facts set out in the ruling and reality the private ruling is ineffective.

  4. The client is responsible for the payment to partner firms and third-party service providers, including the maintenance of subscriptions and update of details required for their continued access to data.

  5. Atodaka has no responsibility for actions, advice of partner firms or defects in service providers products and any resulting losses. Partner firms will issue an engagement with client that is independent of Atodaka.

  6. The Client indemnifies Atodaka for any actions bought by others in the provision of business management and administrative matters.

4. Acceptance and period of Engagement

  1. Engagements start upon acceptance of the terms of engagement by the Client.

  2. Acceptance is by way of affirmative action of client to pursue the service or product offered.

  3. Atodaka does not deal with earlier periods of client affairs unless the Client requests us to do so in writing and we agree.

  4. This engagement will be effective for future years or until updated. Updates are published on the website.

5. Fees & Billing

  1. Specified tasks may have fixed value. Offers are publicised on the website.

  2. Tailored solutions can be negotiated with the Director.

  3. The default fee arrangement is based on the time and the level of staff required to provide the service.

  4. The default fee arrangement is subject to change. Current billing schedule (including GST): Director $242, Manager $154, Accountant $99 and administration $66.

  5. Invoices may be issued as work progresses, on monthly basis. Terms of payment are 7 days and in full unless prior arrangement is agreed upon with the Director.

6. Ownership of Documents

  1. All original documents obtained from the client arising from the engagement shall remain the property of the client. However, we reserve the right to make a reasonable number of copies of the original documents for our records.

  2. Our engagement will result in the production electronic documents or files, such as income tax returns or financial statements. Ownership vests with Client. All other data and files produced by us in respect of this engagement will remain the property of Atodaka.

  3. The firm has a policy of exploring a legal right of lien over any client documents and data in our possession or control in the event of a dispute.

7. Limitation of Liability

  1. Our liability is limited by a scheme approved under Professional Standards Legislation. Further information on the scheme is available from the Professional Standards Councils’ website: http://www.professionalstandardscouncil.gov.au