Terms and Conditions
1. DEFINITIONS
1.1 The Practitioner means DJ Grigg Accounting Pty Ltd (ACN 601 996 669) as trustee for the DJG Unit Trust trading as DJ Grigg Financial.
1.2 The Client includes any person or entity engaging the Practitioner and any person acting on their behalf with actual or apparent authority.
1.3 The Services are the accounting, taxation, audit, advisory and related professional services the Practitioner agrees to provide.
1.4 Loss and damage includes indirect, special or consequential loss (including lost profit, business, goodwill or opportunity).
1.5 Major failure has the meaning in the Australian Consumer Law (ACL) in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
1.6 GST is the tax defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
2. GENERAL
2.1 These terms, together with any letter of engagement, Ignition proposal and approved credit application, form the Agreement between the Practitioner and the Client and override any other terms.
2.2 No variation is binding unless in writing and signed or otherwise accepted by both parties.
2.3 The Agreement binds the Client and the Client’s successors and assigns. Where more than one Client signs, each is jointly and severally liable.
2.4 Any invalid term is severed and the remainder of the Agreement continues.
2.5 Failure by a party to enforce a term is not a waiver of that term.
2.6 These terms may be published on the Practitioner’s website and amended from time to time; material amendments will be notified to existing Clients.
2.7 Confidentiality & Privacy – The Practitioner will keep Client information confidential except as required by law or with the Client’s consent. The Practitioner may use secure cloud or outsourced providers (including overseas) for data storage or processing and will take reasonable steps to ensure those providers comply with Australian Privacy Principles.
3. LETTER OF ENGAGEMENT
3.1 A letter of engagement (or Ignition proposal) will outline the scope of Services and the basis of fees.
3.2 The Practitioner may require an upfront deposit or retainer. No engagement is accepted until that amount is received.
3.3 Any cost estimate is indicative only and may be revised if scope or circumstances change.
3.4 Services outside the agreed scope will be charged at the Practitioner’s prevailing rates and on-charged costs.
3.5 By requesting or continuing to use the Services the Client accepts these terms and the current prevailing rates.
3.6 The Practitioner may change its rates on notice; new rates apply to new or further Services.
3.7 Fees and Rates – Fees may be hourly, fixed-price or other bases as set out in the engagement letter. Prevailing rates will be disclosed to the Client but are not published in these Terms.
4. PROVISION OF THE SERVICES
4.1 The Practitioner may decline work outside scope or reschedule appointments.
4.2 Unless expressly agreed, no fixed completion date is guaranteed.
4.3 Subject to professional obligations, the Practitioner decides how best to perform the Services.
4.4 The Practitioner may subcontract parts of the Services while remaining responsible for overall delivery.
4.5 Records may be disposed of seven (7) years after the engagement ends unless required by law to keep them longer.
4.6 Draft Work – Draft documents provided for review must not be relied on or lodged. The Client must not use any work product until fees are paid in full and the Practitioner has given final approval.
5. FEES AND PAYMENT TERMS
Standard invoicing
5.1 The Practitioner issues invoices on completion of Services, monthly or at agreed intervals. Invoices may be issued in advance or at project milestones.
5.2 GST is added where applicable.
5.3 The Practitioner may apply monies held in trust against any outstanding invoice.
5.4 Non-Account Clients must pay in full before commencement or, at latest, on completion of the Services.
5.5 Account Clients (credit terms) must pay within seven (7) days of invoice unless otherwise agreed.
5.6 Credit limits may be changed or withdrawn at any time; all sums become immediately due if credit is withdrawn.
5.7 The Client authorises the Practitioner to obtain credit reports and exchange information for credit assessment or debt recovery.
5.8 Suspension – The Practitioner may suspend work if an invoice is overdue.
Fee from Refund service
5.9 If the Client elects for the Practitioner’s fee to be deducted from a tax refund, the Client must return the signed tax return and declarations within seven (7) days of issue. If not returned within that time the Practitioner may charge the Client’s nominated payment method for the fee.
Monthly payment plans
5.10 If the Client chooses to pay by monthly instalments:
(a) Instalments are non-refundable once paid.
(b) Instalments cover both work performed and the capacity reserved to perform future work.
(c) Instalments are taken automatically from the authorised card or account. If an instalment fails the Client has seven (7) days to rectify; failing that, work will cease and the account may be referred to a collection agency and recovery costs added.
(d) The Client commits to the full schedule of instalments. On early termination the Practitioner may (at its discretion)
- require immediate payment of all remaining instalments; or
- waive part of the balance if satisfied amounts paid cover work done to date.
6. DEFAULT
6.1 Interest on overdue amounts accrues daily at 12% p.a. and a $15 monthly account fee applies while any amount remains overdue.
6.2 The Client must pay all reasonable debt collection agency commission and legal costs incurred in recovering overdue amounts.
6.3 The Practitioner may exercise a lien over documents until all fees are paid.
7. RISK, LIABILITY AND CLIENT RESPONSIBILITIES
7.1 The Client must provide complete and accurate information. The Practitioner is entitled to rely on that information.
7.2 The Client is responsible for keeping original records.
7.3 The Practitioner is not liable for loss caused by Client delay, inaccuracy or force majeure. Liability is limited under the professional standards scheme.
7.4 Client acknowledgements (APES 220)
(a) Accuracy of information rests with the Client.
(b) Advice is an opinion based on the information provided.
(c) The Client must keep proper taxation records.
(d) Safe-harbour protection may be lost if information is not supplied on time.
7.5 Unauthorised use – The Client must not lodge or rely on draft work. Fees remain payable even if the Client uses the Practitioner’s work without authorisation.
8. WARRANTY AGAINST DEFECTS (ACL)
Standard ACL wording – services come with guarantees that cannot be excluded. See website for full notice.
9. TERMINATION AND CANCELLATION
9.1 The Practitioner may cancel unperformed Services and refund unused deposits (excluding work already done).
9.2 All sums become due if the Client is in default or insolvent.
9.3 Early termination by Client – The Client must provide at least twenty-eight (28) days’ written notice of termination. On Client termination or Practitioner termination for breach:
(a) The Practitioner may require immediate payment of any unpaid balance of fixed-fee or instalment schedule; or
(b) At its discretion the Practitioner may waive part of the balance if fees paid to date reasonably cover work performed and committed resources.
9.4 Termination does not waive liability for fees incurred up to the termination date.
10. ENTIRE AGREEMENT
10.1 This Agreement is governed by Victorian law and the ACL.
10.2 Nothing in this Agreement purports to exclude non-excludable consumer guarantees.
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