Our Commitment To You
- We are committed to acting as your trusted adviser, treating your personal information with the same care and attention to detail that we would expect for ourselves. We absolutely respect the confidentiality of our working relationship.
- We commit to keeping you informed and responding to your requests for information or assistance as quickly as possible.
- We will commit to the time frames we set and in the case of circumstances outside our control, we will let you know in advance.
- You will always know our fee for any assignment in advance.
Your Commitment To Us
- We expect our clients to be open, frank and honest about all information that they provide to us and to let us know immediately of any concerns about our work together.
- We expect that you will give us all the information we need to do the work within the time frames we agree upon and that you will make time available to work on the items we have agreed to.
- We expect you will listen to any advice we offer and we acknowledge your right to reject that advice.
- We expect you will pay our accounts on time as agreed.
- We expect our clients to treat the Innovatus Group team with mutual respect. Should a conflict arise we ask that you discuss it with Innovatus Group Management at your earliest convenience.
- We ask our clients to enjoy their organized, uncluttered, uncomplicated financial system and value the benefits — both tangible and intangible – made available to them through the services we provide.
- We Guarantee the due and punctual payment to Innovatus Group of all monies which are payable from time to time due by the Customer to Innovatus Group.
- We indemnify Innovatus Group against any losses, charges, and expenses which Innovatus Group might incur as a result of any default by the Customer under the credit facility or the enforcement of this guarantee, including but not limited to the costs of collection and legal costs.
We further agree and acknowledge that
The obligations under this Guarantee are continuing and will not be affected by Innovatus Group granting any extension, waiver or indulgence to the Customer, the Customer becoming subject to external administration or the refusal by Innovatus Group to supplier further service to the Customer.
If there is more than one Guarantor, that the terms of this Guarantee are binding on all Guarantors jointly and severally.
Innovatus Group may exercise rights under this Guarantee without first having exercised or exhausted all its legal rights against the Customer or any other Guarantor
A Guarantor may revoke this Guarantee in accordance with this clause by delivering written notice to Innovatus Group. Such a notice may be combined with notice of vacation of office within 14 days of vacating. Revocation does not take effect until written acknowledgment of receipt of the notice by Innovatus Group. Revocation or release in respect of a Guarantor will not operate to discharge the Guarantor from any obligations with respect to liabilities arising before the date of written acknowledgment by Innovatus Group, or operate to discharge liabilities of any other Guarantor.
Your disclosure and recordkeeping obligations
You are required by law to keep full and accurate records relating to your tax affairs. It is your obligation to provide us with all information that would be reasonably expected/will be necessary to allow us to perform work contemplated under the engagement within a timely manner or as requested. This includes providing accurate and complete responses to questions asked of the client by the practitioner. Inaccurate, incomplete or late information could have a material effect on services and/or conclusions.
The Taxation Administration Act 1953 now contains specific provisions that may provide you with “safe harbor” from administrative penalties for incorrect or late lodgement of returns. These safe harbor provisions will only be available to you if, amongst other things, you provide “all relevant taxation information” to us in a timely manner (the safe harbor provisions apply from 1 March 2010). Accordingly, it is to your advantage that all relevant information is disclosed to us as any failure by you to provide this information may affect your ability to rely on the “safe harbor” provisions and will be taken into account in determining the extent to which tax practitioners have discharged their obligations to clients. It is your responsibility to show that you have brought all matters to our attention if you want to take advantage of the safe harbors created under a new regime.
Your rights and obligations under the taxation laws
Taxpayers have certain rights under Australian taxation laws, including the right to seek a private ruling from the Australian Taxation Office (ATO) or to appeal or object against a decision made by the Commissioner. Taxpayers also have certain obligations under Australian taxation laws, such as the obligation to keep proper records and the obligation to lodge returns by the due date. We must keep you informed of any specific rights and obligations that may arise under Australian taxation laws.
Tax Practitioners obligation to comply with the law
We have a duty to act in our client’s best interests. However, the duty to act in our client’s best interests is subject to an overriding obligation to comply with the law, even if that may require us to act in a manner that may be contrary to your directions. For example, we could not lodge an income tax return that we believe to be false in a material respect.
TERMS & CONDITIONS OF TRADE
1.1 “Firm” or “Innovatus Group” shall mean Innovatus Australia Pty Ltd as Trustee for the Innovatus Australia Trust trading as Innovatus Group and its successors and assigns.
1.2 “Client” shall mean any person or entity who engages the Firm to provide Services, or any person acting on behalf of and with the authority of the Client.
1.3 “Guarantor” means that person (or persons), or entity who agrees herein to be liable for the debts of the Client on a principal debtor basis.
1.4 “Services” shall mean all services supplied by the Firm to the Client and includes any advice or recommendations.
1.5 “Price” shall mean the cost of the Services as agreed between the Firm and the Client subject to clause 4 of this contract.
2.1 Any instructions received by the Firm from the Client for the supply of Services and/or the Client’s acceptance of Services supplied by the Firm shall constitute acceptance of the terms and conditions contained herein.
2.2 Where more than one Client has entered into this agreement, the Clients shall be jointly and severally liable for all payments of the Price.
2.3 Upon acceptance of these terms and conditions by the Client or Clients the terms and conditions are irrevocable and can only be rescinded in accordance with these terms and conditions or with the written consent of the Firm.
2.4 None of the Firm’s agents or representatives are authorised to make any representations, statements, conditions or agreements not expressed by the manager of the Firm in writing nor is the Firm bound by any such unauthorised statements.
2.5 The Client undertakes to give the Firm not less than fourteen (14) days prior written notice of any proposed change in the Client’s name and/or any other change in the Client’s details (including but not limited to, changes in the Client’s address, facsimile number, or business practice).
3.1 The Services are as described in the letter of engagement as provided by the Firm to the Client.
3.2 These terms and conditions are to be read in conjunction with the Firm’s letter of engagement. If there are any inconsistencies between the two documents then the terms and conditions contained in this document shall prevail.
3.3 The services as described in the Firms letter of engagement will be supplied in the following ways –
(a) At the Firms offices by staff employed by the Firm. Note that all staff/associates have signed confidentiality agreements. The firm has several offices in Queensland including a subsidiary overseas.
(b) At the firm’s own subsidiary offices overseas. Note the strictest of internal controls are implemented & enforced with rigor & adhere at all times to the highest standards of client privacy is maintained.
From time to time, specialists, whom are not employees of this firm, may be called upon to assist with the best possible solutions to your business & related tax effect outcomes.
3.4 The services as described in the letter of engagement will be done in the most efficient way possible. It may include the use of closely related or partially/owned 3rd party entities to complete work on your file. This also may extend to parties that are overseas, which are also related to this firm. At all times, the highest levels of privacy is adopted along with regular review at various levels to ensure all work completed by us or by our agents/associates is of the highest standard. Note that at all times, your information never leaves our control & is stored “in the cloud” & not at any location other than some minimal physical files in our offices in Australia.
4. Price And Payment
4.1 At the Firm’s sole discretion;
(a) The Price shall be as indicated on invoices provided by the Firm to the Client in respect of Services supplied; or
(b) The Price of the Services shall (subject to clauses 4.2 – 4.5) be the Firm’s Price which shall be binding upon the Firm provided that the Client shall accept in writing the Firm’s estimate within thirty (30) days.
4.2 If the Firm:
(a) Subsequently becomes aware of additional information which was not available to it at the time the estimated Price was given, which in its view materially increases the scope of the Services required beyond those contemplated in the initial letter of engagement; or
(b) Acting reasonably, subsequently determines that the actual Services sought by the Client are beyond those reasonably expected or in the ‘spirit’ of the scope Services agreed in the initial letter of engagement, the Client and the Firm agree that the Services will be subject to a variation agreed between the parties, which will form part of the initial letter of agreement.
4.3 Without limiting clause 15 below, in the event that the parties are unable to agree on a variation the Firm shall be entitled to:
(a) Provide the Services strictly in the terms of the letter of engagement; or
(b) Cancel the provision of the Services at its discretion and render final invoices.
4.4 The variation will take the form of a new fee disclosure and set out the additional scope of Services. The Client has 7 business days to object to the variation, in which case none of the additional services will be provided.
4.5 Any variation from the plan of scheduled works or specifications will be charged for on the basis of the Firm’s estimate and will be shown as variations on the invoice.
4.6 Time for payment for the Services shall be of the essence and will be stated in the letter of engagement. If no time is stated then payment shall be on delivery of the Services.
4.7 The Firm may withhold delivery of the Services until the Client has paid for them, in which event payment shall be made before the delivery date.
4.8 At the Firm’s sole discretion, payment for approved Client’s shall be due fourteen (14) days following the date in which an invoice is posted to the Client’s address or address for notices.
4.9 Payment will be made by cash on delivery, or by cheque, or by bank cheque, or by credit card, or by direct credit, or by any other method as agreed to between the Client and the Firm.
4.10 The Price shall be increased by the amount of any GST and other taxes and duties which may be applicable, except to the extent that such taxes are expressly included in any estimate given by the Firm.
5.1 “Refund” shall mean any credit note, write off, reduction adjustment to unbilled work in progress, or remittance of pre-paid fees paid.
5.2 Any decision by the Firm to provide a Refund will be made in the Firm’s absolute discretion. No action shall lie against the Firm in respect of the exercise of its discretion to provide (or refuse) a Refund.
5.3 Requests made by the Client for a Refund must be:
(a) In writing; and
(b) Supported by evidence sufficient to satisfy the Firm, acting reasonably, of the truth or veracity of the reason given.
5.4 Notwithstanding any other clause in these Terms and Conditions, no Refund shall be given in respect of monies which have been disbursed as outlays or otherwise paid to third parties.
6. Delivery of Services
6.1 The failure of the Firm to deliver shall not entitle either party to treat this contract as repudiated.
6.2 The Firm shall not be liable for any loss or damage whatever due to failure by the Firm to deliver the Services (or any of them) promptly or at all.
7. Review of Services
7.1 At any time prior to rendering its final invoice for the Services, the Firm shall be entitled to conduct a review of all work performed.
7.2 Following that review, invoices issued to the Client may be amended to include reasonable increases or decreases as appropriate to reflect the value of the Services provided.
8.1 If the Firm retains property in the Services nonetheless, all risk for the Services passes to the Client on delivery.
9. Errors and Omissions
9.1 The Client shall inspect the Services on delivery and shall within seven (7) days of delivery notify the Firm of any errors, omissions or failure to comply with the description or estimate. The Client shall afford the Firm an opportunity to inspect the Services within a reasonable time following delivery if the Client believes the Services are defective in any way. If the Client shall fail to comply with these provisions, the Services shall be conclusively presumed to be in accordance with the terms and conditions and free from any errors or omissions.
10.1 The Client agree to indemnify the Firm, its partners, associates, employees, contractors and any other person who may be sought to be made liable in excess of the limit of liability described in clause 17 in respect of any activity arising from or connected with these terms in respect of any claim of whatever kind, including negligence, that may be made by any person and any costs and expenses that may be incurred by the Firm.
11. The Commonwealth Competition and Consumer Act and Fair Trading Acts
11.1 Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the Commonwealth Competition and Consumer Act or the Fair Trading Acts in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.
12. Intellectual Property
12.1 The Client warrants that they hold all necessary intellectual property rights in any document or material that are supplied to the Firm for the provision of Services and that there is or will be no infringement of any rights or entitlements held by any third party.
12.2 The Client indemnifies and holds harmless the Firm for any claims made against it arising from the Firm’s use of any material or information supplied by the Client.
13. Default & Consequences of Default
13.1 Interest on overdue invoices shall accrue from the date when payment becomes due daily until the date of payment at a rate of 2.5% per calendar month and shall accrue at such a rate after as well as before any judgement.
13.2 If the Client defaults in payment of any invoice when due, the Client shall indemnify the Firm from and against all the Firm’s costs and disbursements including on a solicitor and own client basis and in addition all of the Firm’s nominees’ costs of collection.
13.3 Without prejudice to any other remedies the Firm may have, if at any time the Client is in breach of any obligation (including those relating to payment), the Firm may suspend or terminate the supply of Services to the Client and any of its other obligations under the terms and conditions. The Firm will not be liable to the Client for any loss or damage the Client suffers because the Firm exercised its rights under this clause.
13.4 If any account remains unpaid at the end of the second month after supply of the Services or services the following shall apply: An immediate amount of the greater of $20.00 or 10.00% of the amount overdue shall be levied for administration fees which sum shall become immediately due and payable.
13.5 In the event that:
(a) any money payable to the Firm becomes overdue, or in the Firm’s opinion the Client will be unable to meet its payments as they fall due; or
(b) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client then without prejudice to the Firm’s other remedies at law
(i) the Firm shall be entitled to cancel all or any part of any Services or order of the Client which remains unperformed in addition to and without prejudice to any other remedies; and
(ii) all amounts owing to the Firm shall, whether or not due for payment, immediately become payable.
14. Security and Charge
14.1 Notwithstanding anything to the contrary contained herein or any other rights which the Firm may have howsoever:
(a) Where the Client and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Client and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to the Firm or the Firm’s nominee to secure all amounts and other monetary obligations payable under the terms and conditions. The Client and/or the Guarantor acknowledge and agree that the Firm (or the Firm’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be released once all payments and other monetary obligations payable hereunder have been met.
(b) Should the Firm elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Client and/or Guarantor shall indemnify the Firm from and against all the Firm’s costs and disbursements including legal costs on a solicitor and own client basis.
(c) To give effect to the provisions of clause [14.1 (a) and (b)] inclusive hereof the Client and/or the Guarantor (if any) do hereby irrevocably nominate constitute and appoint the Firm or the Firm’s nominee as the Client’s and/or Guarantor’s true and lawful attorney to execute mortgages and charges (whether registerable or not) including such other terms and conditions as the Firm and/or the Firm’s nominee shall think fit in his/her/its/their absolute discretion against the joint and/or several interest of the Client and/or the Guarantor in any land, realty or asset in favour of the Firm and in the Client’s and/or Guarantor’s name as may be necessary to secure the said Client’s and/or Guarantor’s obligations and indebtedness to the Firm and further to do and perform all necessary and other acts including instituting any necessary legal proceedings, and further to execute all or any documents in the Firm’s absolute discretion which may be necessary or advantageous to give effect to the provisions of this clause.
15.1 The Firm may terminate any agreement with the Client and delivery of Services at any time before all of the Services are delivered by giving written notice. The Firm shall not be liable for any loss or damage whatever arising from such termination.
15.2 In the event that the Client cancels delivery of the Services the Client shall be liable for any costs incurred by the Firm up to the time of cancellation.
16. Privacy Act 1988
16.1 The Client and/or the Guarantor/s agree for the Firm to obtain from a credit-reporting agency a credit report containing personal credit information about the Client and Guarantor/s in relation to credit provided by the Firm.
16.2 The Client and/or the Guarantor/s agree that the Firm may exchange information about Client and Guarantor/s with those credit providers named in the Application for
Credit account or named in a consumer credit report issued by a reporting agency for the following purposes:
(a) To assess an application by Client;
(b) To notify other credit providers of a default by the Client;
(c) To exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and
(d) To assess the credit worthiness of Client and/or Guarantor/s.
16.3 The Client consents to the Firm being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
16.4 The Client agrees that Personal Data provided may be used and retained by the Firm for the following purposes and for other purposes as shall be agreed between the Client and Firm or required by law from time to time:
(a) provision of Services;
(b) marketing of Services by the Firm, its agents or distributors in relation to the Services;
(c) analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to provision of Services;
(d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by Client; and
(e) enabling the daily operation of Client’s account and/or the collection of amounts outstanding in the Client’s account in relation to the Services.
16.5 The Firm may give, information about the Client to a credit reporting agency for the following purposes:
(a) to obtain a consumer credit report about the Client; and or
(b) allow the credit reporting agency to create or maintain a credit information file containing information about the Client.
16.6 The Firm undertakes to maintain strict confidentiality over the Financial Statements and records in the Firms possession (including diary notes, working papers etc), which
must not be delivered to any other person without the prior consent of the Client excepting by process of law.
17. Liability Limitations
17.1 Under the Professional Standards Act 2004 (“Act”) and the Scheme approved under that Act, the liability of the Firm, it partners, associates and employees or contractors is
limited to a maximum sum specified by the scheme as in force at the time of the relevant act or omission.
17.2 The Scheme does not apply to limit our liability arising from any of the following:
(a) Death of or personal injury to a person;
(b) Negligence or other fault of a legal practitioner in acting for a client in a personal injury claim;
(c) Breach of trust;
(d) Fraud or dishonesty; or
(e) Liability which is the subject to proceedings under the Property Law Act 1974.
The exceptions listed above are not exhaustive and may include other situations such as members not meeting the requirements of the Act or the Scheme, for example, non-disclosure of the limitation of their liability, etc.
17.3 The Client agrees, to the extent permitted by law, that the liability to the Client of the Firm, its partners, associates and employees or contractors in any way arising from or connected with this engagement including, without limitation, liability for negligence, will be limited to a maximum of $500,000, where the fee for the engagement is up to $50,000, or ten times the fee (subject to a $50 million ceiling), for fees in excess of $50,000 and the Client realises and indemnifies the Firm, it’s partners associates and employees or contractors from all claims arising from or connected with the performance or purported performance of any Services arising from or connected with this agreement to the extent any such claim or claims made exceed that limit.
17.4 The Firm shall be under no liability whatever to the Client for any indirect loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by the Firm of these terms and conditions.
18.1 If any provision of these terms and conditions shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
18.2 All Services supplied by the Firm are subject to the laws of Queensland and the Firm takes no responsibility for changes in the law which affect the Services supplied.
18.3 The Client shall not set off against the Price amounts due from the Firm.
18.4 The Firm may license or sub-contract all or any part of its rights and obligations without the Client’s consent.
18.5 The Firm reserves the right to review these terms and conditions at any time and from time to time. If, following any such review, there is to be any change in such terms and conditions, that change will take effect from the date on which the Firm notifies the Client of such change.
18.6 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.